Northern District of New York

SYRACUSE, NEW YORK – Michael Dyer, age 33, of Rome, New York, was sentenced today to 10 months of weekend incarceration, as well as a 3-year term of supervised release, for illegally possessing a firearm 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.

 

As part of his guilty plea, Dyer admitted that in January 2016, after being convicted for the sale of a controlled substance, he sold a 12 gauge shotgun and four boxes of ammunition to another person.  Dyer further admitted that he told the buyer to create a bill of sale that omitted Dyer’s involvement as the seller because Dyer could not sell the gun as a felon. 

 

This case was investigated by the Oneida County Drug Enforcement Task Force and the ATF, and was prosecuted by Assistant U.S. Attorney Robert S. Levine.

PLATTSBURGH, NEW YORK - Markell Reyes, age 20, of Jersey City, New Jersey, pled guilty today to possessing and intending to distribute crack cocaine and heroin.

 

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 Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector. 

 

As part of his guilty plea, Reyes admitted that while in Ogdensburg, New York, he possessed a bag that contained approximately 58 grams of crack, 5 grams of heroin, and 135 grams of N-ethyl pentylone, often marketed as “Molly,” all of which Reyes intended to distribute.  The bag also contained a handgun. 

 

United States District Judge David N. Hurd will sentence Reyes on February 22, 2017.  Reyes faces at least 5 years and up to 40 years in prison, a term of post-imprisonment supervised release of at least 4 years and up to life, and a maximum $5 million fine. 

 

This case was investigated by the United States Border Patrol and DEA, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

ALBANY, NEW YORK – Raul Mendez Ordonez, age 33, and a citizen of Guatemala, was sentenced today to time served (47 days) 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, Mendez Ordonez admitted that he is a citizen of Guatemala, and that he illegally returned to the United States after he was removed to Guatemala, under the name Nolberto Gonzalez Gomez, on June 1, 2012.

 

On September 7, 2017, Mendez Ordonez was arrested by ICE officers in Middleburgh, New York. 

 

Following the sentencing, Mendez Ordonez will be transferred 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.

WATERTOWN, NEW YORK – Acting United States Attorney Grant C. Jaquith and more than 100 community coalition members are meeting in Watertown today to unite in their fight against substance abuse and its devastation on individuals, their families and their communities. 

 

This is the first meeting of the Northern and Central New York Community Coalition Summit.  The purpose of the summit is for coalitions to gain strength through uniting their forces in prevention, intervention and treatment, and to launch a region-wide 2018 January Media Blitz.

 

Acting United States Attorney Grant C. Jaquith said: “The deadliest drug epidemic our nation has experienced has hit upstate communities hard.  In 2016, 399 people died from overdoses involving prescription opioids, heroin, and fentanyl in the 32 counties of the Northern District of New York.  There has been a resurgence of the local production of methamphetamine in small clandestine laboratories, with nearly 3 of 4 in New York occurring in a Northern District county.  And cases addressing the influx of dangerous synthetic cannabinoids and cathinones continue.  But there is hope -- in the remedial and preventive effects of strong law enforcement, which reduces the importation and supply of these drugs, deters dealers, and spreads information that helps people understand the danger, and in partnerships with community coalitions that bring together people of all walks of life to focus on education, intervention, and treatment.  We are working together to help those who are suffering find health and avert tragedy.”

 

Resources for the summit were provided by the Central New York Prevention Resource Center – New York State Office of Alcoholism and Substance Abuse Services (OASAS); Pivot Alcohol & Substance Abuse Council of Jefferson County; the Seaway Valley Prevention Council; the Alliance for Better Communities, Watertown; the Massena Drug Free Community Coalition; the New York National Guard Counterdrug Task Force; and the United States Attorney’s Office for the Northern District of New York.

 

More than 100 members of community coalitions and partnerships for substance abuse prevention are attending the one-day summit in Watertown.  The summit will also be livestreamed on the United To Fight It Facebook page (https://www.facebook.com/United2FightIt) for those who cannot make the trip.  Attendees and viewers will learn of current drug trends in the region from a panel made up of the Drug Enforcement Administration, United States Attorney’s Office, Jefferson County District Attorney, and the Massena Police Chief.  They will hear from substance abuse prevention and education expert Michael Nerney, who will share advice on how to help the general public understand and respond to these deadly addictions. 

 

In the afternoon, a media panel made up of television, radio and print communications leaders will discuss how community coalitions can partner with their local media outlets throughout the month of January 2018, to blanket their communities with stories and information on substance abuse prevention and addiction. 

 

Coalitions attending the summit include: the Akwesasne Coalition for Community Empowerment, St. Regis; Alliance for Better Communities, Watertown; Cayuga County Drug Free Community Coalition; Chenango Substance Abuse Prevention Coalition; Essex County Heroin & Opioid Prevention Coalition (ECHO); Lake Placid/Wilmington Connection Youth and Communities Coalition; Massena Drug Free Coalition; Nopiates, Rensselaer County; Ogdensburg Community Group; Oneida County Communities that Care (CTC); Oswego County Prevention Coalition; Project Save Our Community, Harrisville; Rensselaer County Heroin Task Force, Troy; TRACs Coalition, Berlin Central School District; Tri-Town Coalition on Substance Abuse Prevention; Troy Drug Free Community Coalition; YEAH! Coalition, Lowville; and Youth Substance Abuse Prevention Coalition, Syracuse.

 

Community substance abuse coalitions wishing to receive further information on how to participate in the 2018 January Media Blitz should contact Marilyn Morey, Community Outreach Coordinator, United States Attorney’s Office for the Northern District of New York, at 518-431-0247 or [email protected].

ALBANY, NEW YORK – Rodolfo Calvo-Aguilar, age 53, and a citizen of Mexico, was sentenced today to time served (112 days in jail) for immigration fraud. 

 

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, Calvo-Aguilar admitted that he possessed a counterfeit alien registration receipt card (a/k/a green card) when Border Patrol Agents encountered him in Burke, New York, on July 1, 2017.  Calvo-Aguilar also admitted that he is a citizen of Mexico, and that he was in the United States unlawfully.    

 

Following his sentencing, Calvo-Aguilar 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 U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jaime Marquez-Venancio, age 50, and a citizen of Mexico, pled guilty yesterday to illegal re-entry 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.

 

Marquez-Venancio was previously removed from the United States to Mexico on April 28, 2017 and again on May 4, 2017.  On September 28, 2017, Marquez-Venancio illegally entered the United States from Canada by walking across the border near Mooers, New York.  As Marquez-Venancio walked south away from the border, he was arrested by a Border Patrol Agent.

 

Marquez-Venancio 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 February 15, 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 is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – A jury voted yesterday to convict two men of conspiring to defraud the Laurentian Aerospace Corporation (“Laurentian”) of $2.5 million.

 

Keith Eric Jergensen, age 58, of Salt Lake City, Utah, and Debashis Ghosh, age 53, of Chicago Illinois, were found guilty following a 7-day trial before United States District Judge Brenda K. Sannes in Syracuse.

 

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.

 

Acting United States Attorney Grant C. Jaquith stated: “Jergensen and Ghosh stole $2.5 million from a group of people who founded Laurentian with the hope of building a new business in the North Country.  Jergensen and Ghosh quickly gained their victims’ trust, and just as quickly abused it by taking their money and then lying to them about what had occurred.  They strung their victims along for years with false promises that their money would be returned.  Yesterday’s verdict brought them to justice, brought justice to their victims, and demonstrates our commitment to investigating and prosecuting financial crime.”

 

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

 

Judge Sannes is scheduled to sentence the defendants on February 16, 2018.  They each face up to 20 years in prison, 2 years of post-imprisonment supervised release, and a maximum $250,000 fine.  They may also be ordered to pay restitution to their victims. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

The evidence at trial demonstrated that Jergensen and Ghosh were Co-Chief Executive Officers of Verdant Capital Group, LLC (“Verdant”), based in Chicago.  Laurentian retained Verdant to raise funds for the construction of an airplane maintenance, repair and overhaul facility to be built in Plattsburgh, New York.

 

Jergensen and Ghosh asked Laurentian to invest $2.5 million as seed money for the project.  They and Laurentian agreed that this money would remain in a Wells Fargo account and could not be moved without the authorization of Laurentian. 

 

Laurentian, drawing on funds contributed by its board members and one outside investor, wired $2.5 million into the Wells Fargo account on December 3, 2010.  Five days later, Jergensen and Ghosh began transferring the money out of the account without Laurentian’s authorization, and by March 18, 2011 they had transferred all of the $2.5 million out of the account.

 

Jergensen and Ghosh used Laurentian’s $2.5 million to pay Verdant’s expenses including employees and contractors, and to pay others, including payments totaling $1.75 million to a now-defunct wind turbine company that Ghosh was a minority owner of; transfers of $96,500 to Jergensen’s company Contour Composites, Inc. of Utah; a $55,000 “loan” to a friend; and payments totaling $14,500 to an Arizona man who was promising them access to union pension funds.

Having spent the money, and as part of their conspiracy, Jergensen and Ghosh then spent several years falsely assuring Laurentian and its investors that their money was safe and secure, with Jergensen going so far as to forge a memorandum of understanding that purported to show that Laurentian’s money was in a secured bank account at Wells Fargo.  The victim investors included a retired United States Air Force colonel, a former New York City Deputy Mayor, a retired law firm partner, and several retired executives from the financial and airline industries.

 

The evidence at trial also demonstrated that Jergensen and Ghosh misappropriated an additional $2.4 million in funds that other businesses had entrusted to them.

 

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

ALBANY, NEW YORK – Donna M. Smith, age 57, of Cohoes, New York, pled guilty today to making false statements to the Social Security Administration (SSA) in order to fraudulently obtain Disability Insurance Benefits.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.

 

As part of her 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.  Disability Insurance Benefits are designed to replace, in part, the loss of income due to a disability.

 

Smith faces up to five years in prison, a maximum $250,000 fine, and post-imprisonment supervised release of up to three years when she is sentenced on February 1, 2018 by Senior United States District Judge Lawrence E. Kahn.  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 SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.

SYRACUSE, NEW YORK - Charles Poltenson, 28, of Salina, New York, pled guilty today to three counts of sexual exploitation of a child, announced 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).

 

In entering his guilty plea today, Poltenson admitted that he recorded via the internet three minor children engaged in sexually explicit conduct over a three-year period.

 

As part of his guilty plea, Poltenson admitted that from 2014 through 2016 he used the real-time video technology of Skype to chat with numerous female children online.  During the course of these Skype chat sessions, Poltenson persuaded, induced, enticed, or coerced girls between the ages of 10 and 15 to engage in sexually explicit conduct. While engaging in these online interactions with children, the defendant misrepresented his true-identity, pretending to be a 16- year old teen. Charles Poltenson’s actual age at the time was between 24 and 26 years old.

 

As part of his guilty plea, Poltenson further admitted that in addition to the live Skype sessions, he also used the internet to send voice recordings with specific instructions about sexually explicit videos he wanted various female children between the ages of 10-15 to create for him.  In response to his instructions, girls between the ages of 10 and 15 created sexually explicit videos for the defendant.  

 

United States District Judge Hon. Brenda K. Sannes will sentence Poltenson on April 13, 2018. He faces a mandatory minimum term of 15 years imprisonment on each count, with a maximum penalty of 30 years imprisonment per count. He will be required to serve a term of supervised release of a minimum of 5 years, and up to life, following his term of imprisonment.  Poltenson will also be required to register as a sex offender.

 

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. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

 

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

ALBANY, NEW YORK – Dario Sanchez-Rosas, 55, of Yonkers, New York, pled guilty today to illegal re-entry into the United States, announced Acting United States Attorney Grant C. Jaquith and Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Field Office Director Thomas E. Feeley, Buffalo, New York Field Office.

 

Sanchez-Rosas, a citizen of Mexico, was removed from the United States to Mexico on three separate occasions in 2001.  On August 24, 2017, he was encountered and arrested by an ICE Officer in Guilderland, New York. A fingerprint check of Sanchez-Rosas resulted in the discovery of his prior immigration history and the defendant admitted that he returned to the United States without permission following the 2001 removals.   

 

As a result of his conviction, Sanchez-Rosas faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior U.S. District Court Judge Norman A. Mordue on January 18, 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 Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Cavya Chandra, 26, of Carmel, Indiana, pled guilty today in federal court in Syracuse to one count of student loan fraud, announced Acting United States Attorney Grant C. Jaquith and Debbi Mayer, Assistant Special Agent in Charge, U.S. Department of Education-Office of Inspector General (ED OIG), Northeastern Regional Office.

As part of her guilty plea, Chandra admitted that between 2008 and 2014 she obtained admission to, and attended, three universities—Carnegie Mellon University in Pittsburgh, Pennsylvania, Cornell University in Ithaca, New York, and Indiana University-Purdue University Indianapolis (“IUPUI”)—by forging various documents, including academic transcripts and letters of recommendation. The charge to which Chandra pled guilty relates to her fraudulent acceptance of federal student loan money while attending Cornell, but her written plea agreement lays out Chandra’s broader pattern of defrauding several universities.

As part of her guilty plea, Chandra admitted that in 2008 she was denied admission to the freshman class at Cornell University, after which she applied to Carnegie Mellon University. In making that application, Chandra submitted a forged letter of recommendation from a high school teacher. Unaware of this forgery, Carnegie Mellon accepted Chandra’s application and admitted her as a student in the fall of 2009.

In February 2010, during her second semester at Carnegie Mellon, Chandra applied for admission to Cornell as a transfer student. In her transfer application, Chandra submitted a forged transcript to Cornell showing, falsely, that she had received a perfect 4.0 Qualified Point Average (“QPA”) during the fall 2009 semester at Carnegie Mellon. In reality, Chandra had actually received a much lower QPA of 2.79 that semester. Chandra also submitted to Cornell a forged transcript that falsely inflated her high school grades as well as another forged letter of recommendation from a high school teacher.

Unaware of Chandra’s fraud, Cornell admitted Chandra as a transfer student starting in the fall 2010 semester. While enrolled at Cornell, Chandra ultimately received more than $130,000.00 in financial aid, much of which was federal direct student loan money provided by the United States Department of Education. Cornell also provided tens of thousands of dollars in grant assistance to Chandra during her time as a student at Cornell.

In 2013, while still enrolled at Cornell, Chandra began the process of applying for medical school through the American Medical College Application Service (“AMCAS”). As part of her medical school application, Chandra submitted forged transcripts from Carnegie Mellon and from Cornell.

AMCAS reported to Cornell that it suspected Chandra had submitted a fraudulent transcript, and Cornell launched an internal investigation, during which it uncovered Chandra’s previous  admissions fraud. When confronted by a university official, Chandra admitted that she had falsified information in her transfer application, and Cornell expelled Chandra in November 2013.

Following her expulsion from Cornell, Chandra applied for admission as a transfer student to Indiana University-Purdue University Indianapolis (IUPUI). In doing so, Chandra again submitted forged copies of her Carnegie Mellon and Cornell transcripts, both of which contained falsely inflated grades. IUPUI admitted Chandra as a transfer student and gave her credit for a number of classes that she did not actually take or pass at Cornell. IUPUI conferred a bachelor’s degree on Chandra in 2015. When Chandra’s fraud came to light the following year, IUPUI rescinded Chandra’s degree.

The charge filed against Chandra carries a maximum sentence of one year in prison, a fine of up to $100,000, and a term of supervised release of up to one year. Chandra will be sentenced at a date not yet scheduled by United States Magistrate Judge David E. Peebles. Judge Peebles will formulate a sentence based on the particular statute Chandra is charged with violating, the U.S. Sentencing Guidelines, and other factors. In this case, however, Chandra and the United States have agreed in their plea agreement to recommend that Judge Peebles impose a sentence of 5 years of Probation during which Chandra would be required to disclose her plea agreement and criminal conviction to any and all universities she attends while on probation, to disclose to her probation officer any new applications for financial aid, and to abide by an existing repayment agreement with Cornell University requiring her to pay Cornell an outstanding financial aid balance of $70,145.81. The parties have also agreed to recommend that Chandra pay a fine of $1,000 as part of her sentence.

This case was investigated by the U.S. Department of Education-Office of Inspector General with assistance from Cornell University, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Joshua Lozo, 36, of Troy, New York, pled guilty to one count of receiving child pornography and one count of possessing child pornography, announced Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany, New York Field Office of the Federal Bureau of Investigation.

 

As part of his guilty pleas, Lozo admitted that between approximately December 1, 2015 and December 14, 2016, he used the Internet and file sharing software to download child pornography videos and still images.  A forensic examination of electronic items seized from Lozo’s residence identified approximately 25 child pornography videos and approximately 350 still images of child pornography.  

 

As a result of his convictions, Lozo now faces a mandatory minimum sentence of five years imprisonment, a maximum term of twenty years imprisonment, a fine of up to $250,000.00, a term of supervised release of at least five years and up to life, and mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Sentencing is scheduled for February 6, 2019, 2018 before U.S. District Judge Mae A. D’Agostino.   

 

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

ALBANY, NEW YORK – Dujuan Pleasant, 35, of Schenectady, New York, was sentenced today to serve 120 months in prison for distributing crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.  U.S. District Judge Mae A. D’Agostino also ordered that Pleasant serve a four-year term of supervised release following his release from federal prison.

 

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

 

Pleasant, who pled guilty in June 2017, admitted that he distributed over 100 grams of crack cocaine in 2016.  He also admitted that he possessed an Arminius .22 caliber revolver, a Kel-Tec .32 caliber semi-automatic handgun, 33 rounds of ammunition, several digital scales, as well as cocaine and ecstasy at his residence.  Pleasant admitted that he kept both firearms in his residence to protect his drugs and drug proceeds from third parties.

 

This case was investigated by the DEA and the Saratoga County Sheriff’s Department and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Wilder Arreola-Medel, 45, of Milwaukee, Wisconsin, pled guilty today to transporting an alien within the United States,  announced Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

In pleading guilty, Arreola-Medel admitted that on September 17, 2017, while driving his car along the international border near Chateaugay, New York, he picked up a Mexican citizen who had just crossed the border illegally from Canada, and was driving her away from the border area when he was stopped and arrested by U.S. Border Patrol agents.  Arreola-Medel admitted that he intended to transport the Mexican citizen to Milwaukee, Wisconsin.     

As a result of his conviction, Arreola-Medel faces up to 5 years in prison and a fine of up to $250,000, and a term of post-imprisonment supervision of up to 3 years when he is sentenced by  U.S. District Court Judge Mae A. D’Agostino on February 2, 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.   

The smuggled alien, Judith Hernandez-Daniel of Mexico, pled guilty to Entering the United States Without Inspection by Immigration Authorities, and was sentenced to a 20-day period of imprisonment on October 3, 2017. 

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

ALBANY, NEW YORK – Diego Efrain Ceto De Leon, 24, of Guatemala, was sentenced today to time served  (27 days), for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Field Office Director Thomas E. Feeley, Buffalo, New York Field Office.

 

As part of his guilty plea, Ceto De Leon admitted that he was an alien, a citizen of Guatemala, and that he illegally returned to the United States after he was removed to Guatemala on July 29, 2014.

 

On September 16, 2017, Ceto De Leon was encountered and arrested by ICE officers in Guilderland, New York.  A fingerprint check of Ceto De Leon resulted in the discovery of the prior removal.

 

Following the sentencing, Ceto De Leon was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.

 

The case was investigated by United States Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Glenn Mears, 44, of Glenville, New York, pled guilty today to one count of distributing and ten counts of possessing child pornography, announced Acting United States Attorney Grant C. Jaquith and Special Agent in Charge Kevin Kelly, Department of Homeland Security, Homeland Security Investigations (HSI).

 

As part of his guilty plea, Mears admitted to distributing child pornography using the Internet-based messaging application, “Kik,” and to possessing images and videos of child pornography on ten compact discs.  Mears also admitted that he possessed child pornography involving prepubescent children and children under 12 years of age.

 

Sentencing is scheduled for February 12, 2018, in Albany, New York. 

 

Mears, who is detained pending sentencing, faces at least 5 years and up to 20 years in prison on the distribution of child pornography count, and faces a total of 160 years imprisonment on the possession counts.  Mears will receive a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000 on each count.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck

 

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 - Jason Twiss, 29, of Albany, New York, was sentenced today to serve 80 months in prison for illegally possessing a loaded semi-automatic rifle and a loaded 9-milimeter handgun as a convicted felon, carrying firearms in furtherance of a drug trafficking crime, and attempted possession of a controlled substance with intent to distribute.  Senior U.S. District Court Judge Thomas J. McAvoy also ordered that Twiss serve a three-year term of supervised release following his release from federal prison on the three felony counts.

 

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.

 

As part of his November 22, 2016 guilty plea, Twiss admitted that on December 10, 2014, he drove to Kingston, New York, to purchase heroin for later distribution.  While in the Kingston Hospital parking lot, Twiss carried and displayed a loaded Ruger .22 caliber semi-automatic rifle with a 30-round magazine, and a loaded Glock 9mm semi-automatic pistol, to guard against the theft of  funds he brought to purchase the narcotics. 

 

A prior felony conviction in Florida on narcotics-related charges prohibited Twiss from legally possessing a firearm in New York. 

 

This case was investigated by ATF and the Kingston Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Juan Carlos Cruz Figueroa, 30, 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 Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Field Office Director Thomas E. Feeley, Buffalo, New York Field Office.

 

Cruz Figueroa was removed from the United States to Mexico on September 22, 2007 and again on November 7, 2007.  On September 11, 2017, he encountered and arrested by an ICE officer in Saratoga, New York. A fingerprint check of Cruz Figueroa resulted in the discovery of the prior removals.  Cruz Figueroa admitted that he returned to the United States without permission following the 2007 removals.   

 

As a result of his conviction, Cruz Figueroa faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior U.S. District Court Judge Lawrence E. Kahn on February 1, 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 Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Gerardo Froilan Lopez Velazquez, 51, of Guatemala, pled guilty today to illegal re-entry into the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Field Office Director Thomas E. Feeley, Buffalo, New York Field Office.

 

Lopez Velazquez was removed from the United States to Guatemala on January 30, 2014 and again on April 9, 2014.  On September 7, 2017, he was encountered and arrested by an ICE officer in Middleburgh, New York. A fingerprint check of Lopez Velazquez resulted in the discovery of the prior removals.  Lopez Velazquez admitted that he returned to the United States without permission following the 2014 removals.   

 

As a result of his conviction, Lopez Velazquez faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior U.S. District Court Judge Lawrence E. Kahn on February 1, 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 Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

 

BINGHAMTON, NEW YORK - Nicholas Feminella, 21, formerly of Danby, New York, was sentenced today to serve 72 months in prison for transporting and possessing child pornography,  announced 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, Feminella admitted that he transported videos of child pornography by uploading them from his computer to a Drop Box account. On November 3, 2015, investigators searched Feminella’s residence in Danby, New York and recovered thousands of images and hundreds of videos depicting child pornography.

 

Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Feminella is released from prison, and ordered him to pay $20,000.00 in restitution to the victims, and a $200 special assessment. As a result of his conviction, Feminella will be required to register as a sex offender upon his release from prison.

 

This case was investigated by the FBI, the New York State Police-Computer Crime Unit and Investigators from the New York State Police, Troop C.

 

This case was prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.

 

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

ALBANY, NEW YORK – Celso Diaz Ramirez, 39, of Guatemala, was sentenced today to time served (34 days), for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Field Office Director Thomas E. Feeley, Buffalo, New York Field Office.

 

As part of his guilty plea, Diaz Ramirez admitted that he was an alien, a citizen of Guatemala, and that he illegally returned to the United States after he was removed to Guatemala on July 8, 2014.

Diaz Ramirez was previously removed on May 27, 2011, February 1, 2012, April 9, 2012 and May 13, 2013.

 

On September 7, 2017, Diaz Ramirez was encountered and arrested by ICE officers in Middleburgh, New York. 

 

Following the sentencing, Diaz Ramirez was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.

 

The case was investigated by United States Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

 

ALBANY, NEW YORK – Joseph Felix Strevell, 56, of Castleton, New York, was sentenced today to serve 30 months in prison, to be followed by a three-year term of supervised release, in connection with his guilty plea to five counts of perjury. 

 

The announcement was made by Acting 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).

 

As part of his guilty plea, Strevell admitted that from 1997 to 1999, he served as a Deputy Secretary of State for the State of New York.  He left that position in December 1999 to serve as the head of the state-funded Institute for Entrepreneurship, which he led until July 2001.  In 2007, Strevell pled guilty in federal court to defrauding New York State while leading the Institute, including using Institute funds to give himself a $95,000.00 lump-sum raise without the approval of the Institute’s Board of Directors. He also admitted to improperly using Institute funds to pay for his personal expenses and those of his family.

 

In March 2009, the United States District Court for the Northern District of New York entered a judgment against Strevell for this conviction, requiring him to pay $111,500.00 in restitution to   New York State, the victim of his offense. The judgment required Strevell to pay restitution at a minimum rate of $100 per month, or 10 percent of his gross monthly earnings, whichever was greater, and to pay full restitution immediately if at any time he had the resources to do so. 

 

In December 2014, the Civil Division of the U.S. Attorney’s Office for the Northern District of New York deposed Strevell under oath to determine whether he was complying with his restitution obligation.  When questioned about how he was able to make a $75,440.00 down payment on a lease with an option to purchase a 138.55-acre horse farm in Rensselaer County in April and May 2013, Strevell falsely testified that his mother and aunt provided most of the funds to make the down payment.  In fact, neither Strevell’s mother, nor aunt, contributed any money toward the down payment.

 

Strevell also lied during that deposition about whether he had paid for his daughter’s wedding in May 2014, falsely testifying that he contributed only “a couple thousand dollars” toward wedding expenses.  In fact, Strevell paid for most of the wedding, contributing more than $30,000.00, including $10,435.00 in cash to one vendor directly, and transferring tens of thousands of dollars from his business to his daughter. 

 

This case was investigated by the New York State Police and the FBI, and was prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Michael Barnett.

ALBANY, NEW YORK – Tameen “Nitty” Johnson, 39, of Schenectady, New York, was sentenced today to serve 235 months in prison for illegally possessing a loaded handgun as a prior convicted felon.  Senior U.S. District Judge Thomas J. McAvoy also ordered that Johnson serve a five-year term of supervised release following his release from federal prison.

 

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).

 

After a three-day jury trial in January 2017, Johnson was convicted of possessing a Hi-Point JCP .40 caliber firearm loaded with seven rounds of .40 caliber ammunition.  The evidence at trial established the handgun had a defaced serial number and that Johnson provided it to another man inside a convenience store in Schenectady in exchange for $200.  Johnson, after asking if the firearm would be used “to book somebody,” showed the man how to operate the firearm so that he could “handle his business,” and repeatedly warned him not to lose the “hammer.”

 

Johnson, who was charged as an Armed Career Criminal because he has at least three previous convictions for serious drug offenses or violent felonies, faced a mandatory minimum sentence of fifteen years in prison and a maximum sentence of life imprisonment.  Johnson’s prior criminal history includes prior felony convictions for drug offenses, attempted robbery, attempted burglary, and assault.

 

This prosecution resulted from an investigation by the Capital District Safe Streets Task Force, which includes members of the FBI, Bureau of Alcohol, Tobacco, Firearms & Explosives, the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.

 

The case was prosecuted by Assistant United States Attorney Wayne A. Myers.

ALBANY, NEW YORK – Naisha Wiley, 35, of Schenectady, New York, was sentenced today to a three-year term of probation for stealing $10,000 in money orders from the United States Postal Service (USPS).

 

The announcement was made by Acting United States Attorney Grant C. Jaquith, Eileen Neff, Special Agent in Charge of the Northeast Area for the United States Postal Service, Office of the Inspector General, and Inspector in Charge Shelly A. Binkowski, United States Postal Inspection Service, Boston Division.

 

In pleading guilty, Wiley admitted that while working part-time as a retail clerk in Post Offices in Montgomery County in 2016 and 2017, she stole U.S. Postal Service money orders totaling $10,000.  She also admitted to stealing gift cards from the mail.

 

Senior United States Judge Thomas J. McAvoy also ordered Wiley to pay $10,170.00 in restitution to her victims, and complete 50 hours of community service. 

 

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

ALBANY, NEW YORK – Robert Twiss, 59, of Earlton, New York, was sentenced today to time served (approximately five months) for possessing a firearm as a felon.

 

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 March 20, 2017 guilty plea, Twiss admitted that on October 24, 2016, he possessed a Plainfield M-1, Model 41 semi-automatic rifle on his residential property in Earlton.   

 

Senior United States District Judge Thomas J. McAvoy also imposed a three-year term of supervised release.  

 

This case was investigated by the FBI’s Joint Terrorism Task Force (JTTF) and prosecuted by Assistant U.S. Attorney Richard Belliss.

SYRACUSE, NEW YORK - Michael Caraher, age 27, of Morrisville, New York, pled guilty today to one count of distribution of child pornography, three counts of receipt of child pornography and four counts of possession of child pornography.

 

The announcement was made by 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).

 

As part of his guilty plea, Caraher admitted to using a custom-built desktop computer to access child pornography-oriented Internet sites, including at least one on the anonymous “Tor” network, for the purpose of downloading child pornography.  Caraher also admitted to using peer-to-peer file-sharing software on a laptop computer to download additional child pornography.  Overall, Caraher downloaded and saved over 100 videos and almost one thousand images depicting child pornography.  Caraher further admitted to using an instant messaging application on his smartphone to trade the child pornography he had downloaded with other users.

 

Sentencing is scheduled for February 16, 2018, in Syracuse, New York.

 

Caraher, who is detained in custody pending sentencing, faces a minimum term of imprisonment of five (5) years on the charges for distribution and receipt of child pornography.  Caraher faces a maximum term of imprisonment of twenty (20) years on all eight counts.  The Court is also required to impose a term of supervised release between five (5) years and life, and Caraher 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 Albany Division of the FBI (Syracuse Resident Agency), and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

 

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 – Michael R. Bush, age 49, of Fort Edward, New York, was sentenced today to 121 months in prison following his guilty plea to receiving 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, Bush admitted that in October 2016 he used his phone to download from the Internet over 20 image files containing child pornography.  The images depicted sexual abuse of children as young as 3 years old. 

 

In sentencing Bush, United States District Judge Mae A. D’Agostino told him that the children in the images he received “are victims in every conceivable sense.”

 

“Images of child pornography involve real children,” she said.  “These are not caricatures.  These are not made-up images.”  Bush was also ordered to serve a lifetime term of supervised release following his prison sentence.  He must also register as a sex offender. 

 

This case was investigated by the FBI, New York State Police and the Warren County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti. 

 

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/

SYRACUSE, NEW YORK – Cayla Wujek, age 25, formerly of Lewis County, was sentenced yesterday to serve 66 months imprisonment 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.

 

As part of her previous guilty plea, Wujeck admitted that between January 2014 and July 2016, she purchased pseudoephedrine pills with an aggregate weight of 94 grams from different drug stores in and around Lewis County. Wujek knew there were restrictions on the sale of pseudoephedrine, and so, to avoid scrutiny, often rotated the stores from which she bought the pills. Wujek purchased the pseudoephedrine knowing it would be used to illegally manufacture methamphetamine, and gave the pills she had purchased to others for that purpose.  In return, Wujek received finished methamphetamine from the methamphetamine “cooks,” or, in some cases, received heroin in exchange for the pills.

 

Wujek, who has been detained since her arrest on April 21, 2017, entered her guilty plea on May 31, 2017. After completing her 66-month term of imprisonment, Wujek will serve a term of supervised release of 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 Lewis County Sheriff’s Office, and the U.S. Drug Enforcement Agency, and was prosecuted by Assistant U.S. Attorney Carl Eurenius.

ALBANY, NEW YORK – Filiberto Moran Vasquez, age 50, and a citizen of Mexico, was sentenced today to time served (23 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, Moran Vasquez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on June 6, 2007.  Moran Vasquez had also previously been removed on February 7, 2007.

 

On September 11, 2017, Moran Vasquez was arrested by ICE officers in Saratoga Springs, New York. 

 

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

 

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

SYRACUSE, NEW YORK – Steven Doty, 53, of Mattydale, New York, was sentenced yesterday in federal court to serve 15 years in prison to be followed by a 15 year term of supervised release in connection with his previous plea of guilty to two counts of distribution of child pornography, one count of receipt of child pornography and one count of possession of child pornography. As a result of his conviction, Gonyea will be required to register as a sex offender upon his release from prison. 

 

The announcement was made by the 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, Doty admitted to using peer-to-peer software to distribute videos of child pornography on July 6, 2015 and from July 16, 2016 through July 29, 2016.  Doty also admitted to downloading a file directory containing approximately one-thousand (1000) images of child pornography and possessing thirty-two (32) “hard core” videos.

 

This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency) and the New York State Police, and was prosecuted by Assistant U.S. Attorney 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 – Kenneth R. Carte, Jr., age 27, of Keeseville, New York, was sentenced today to 12 months and 1 day in prison for possessing a firearm as a felon.

 

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

 

As part of his guilty plea on June 1, 2017, Carte admitted that on November 17, 2016, he sold a Remington Model 870 Express shotgun and a box of Remington .410 shotgun shells to another person.  At the time, he was a felon, having been convicted of criminal possession of stolen property.  Investigators also recovered from Carte’s house a loaded Remington Model 742 semi-automatic rifle.

 

Chief Judge Glenn T. Suddaby also sentenced Carte to 3 years of post-imprisonment supervised release.

 

This case was investigated by the New York State Police Troop B Gun Unit and the ATF, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK - A jury today convicted Oniel McKenzie, age 37, of Brooklyn, New York, of possession with intent to distribute large quantities of cocaine and marijuana found in Rensselaer County. 

 

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

 

The jury’s verdict followed a 3-day trial before United States District Judge Mae A. D’Agostino. The evidence at trial showed that on October 4, 2013, McKenzie possessed 60 kilograms of cocaine in an apartment in North Greenbush, and more than 100 kilograms of marijuana in a storage unit he rented in Rensselaer, New York, and in a Jeep he was driving.

 

McKenzie faces at least 10 years and up to life in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a fine of up to $10,000,000 when he is sentenced on February 1, 2018 by Judge D’Agostino.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorney Daniel Hanlon.

 

SYRACUSE, NEW YORK – New York Anesthesiology Medical Specialties, P.C. d/b/a New York Spine and Wellness Center (New York Spine & Wellness) agreed today to pay $1,941,850.29 to resolve claims that it improperly billed for moderate sedation services, announced Acting United States Attorney Grant C. Jaquith and New York State Attorney General Eric T. Schneiderman.

 

New York Spine & Wellness is a medical practice focusing on pain management, and spine and back procedures, with locations in the Syracuse, New York area.  During certain procedures, New York Spine & Wellness physicians placed patients under moderate sedation.  Moderate sedation produces a state where the patient retains the ability to respond to verbal direction and remains capable of maintaining their airway without assistance.  Generally, the administration of moderate sedation reduces pain and anxiety in patients who undergo therapeutic and diagnostic procedures by reducing their perception of pain and/or fear. 

 

The American Medical Association released guidance on the billing requirements for moderate sedation services in October 2011 to clarify that the service is billable only when the physician spends at least 16 minutes face-to-face with the patient.  The Medicare Administrative Contractor for New York that processes providers’ claims confirmed the 16-minute rule in February 2012 in an explanatory article released to its listserv and also maintained on its website for a period of approximately one year.  New York Spine & Wellness routinely billed for moderate sedation services when its physicians spent less than the required 16 minutes with the patient.  These moderate sedation claims were submitted in connection with claims for underlying therapeutic and/or diagnostic services for which New York Spine & Wellness also billed and was paid. Although New York Spine & Wellness utilized the services of an independent billing company, New York Spine & Wellness retained the contractual obligation to code its services accurately. 

 

In or about January 2015, a private insurance company rejected two of New York Spine & Wellness’s claims for moderate sedation services because, as described by New York Spine & Wellness’s billing company, the “Medicare 16 minute span rule to bill [the] code” was not satisfied.  In mid-June 2015, the same private insurance company performed an audit and rejected New York Spine & Wellness’s claims for moderate sedation services where the documentation did not support that the procedure lasted more than 16 minutes.  The billing company advised New York Spine & Wellness to review the audit findings concerning moderate sedation services.  New York Spine & Wellness continued to bill for moderate sedation services after mid-June 2015 without the required 16 minutes of face-to-face time.  The improper billing stopped after New York Spine & Wellness was contacted by the United States Attorney’s Office for the Northern District of New York in connection with this investigation.  

 

Acting United States Attorney Grant C. Jaquith said:  “We remain committed to holding healthcare providers to account when they submit false claims.  Providers should have policies and procedures in place to ensure that they are familiar with applicable billing requirements before submitting claims.  Although New York Spine & Wellness is being held responsible for its conduct, we appreciate that it resolved this matter outside litigation and worked cooperatively through the investigation.”  

 

“New York Spine and Wellness Center, like all health care providers, must be held to a high standard of ethical behavior,” 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”).  “HHS-OIG will continue to ensure that providers that bill federal health care programs do so in an honest manner.”

 

“Today’s agreement represents a win for New Yorkers, ensuring that over $660,000 will be returned to the New York Medicaid Program and that the provider does not improperly bill Medicaid for this service in the future,” said Attorney General Schneiderman.  “I’m proud of the federal and state collaboration involved in this investigation as we work to protect New York’s taxpayers, and appreciate the provider’s cooperation.”

 

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, the Department of Health and Human Services Office of Inspector General, and the New York State Attorney General’s Office.  The United States was represented by Assistant U.S. Attorney Michael D. Gadarian, and the State of New York was represented by Special Assistant Attorney General Paul R. Berry. 

SYRACUSE, NEW YORK – Paul Lamont Richard, 40, of Syracuse, was sentenced today in federal court in Utica to a time-served (34-month) prison sentence, after previously pleading guilty to violently assaulting an employee at the Syracuse VA Medical Center in November 2014, announced Acting United States Attorney Grant C. Jaquith.

 

In pleading guilty to the assault charge earlier this year, Richard admitted that on November 17, 2014, he approached an employee in the transportation office at the Syracuse VA Medical Center and demanded a ride to Albany. When the employee informed Richard that there was no scheduled trip to Albany that day, Richard became angry and assaulted the employee. Specifically, Richard grabbed the victim by the neck, braced him against a bookshelf, dragged the victim across a desk, dropped him to the floor, and then kicked the victim in the face. This assault caused the victim to lose consciousness and to suffer a large contusion and several cuts on his face. The defendant was arrested almost immediately, and he has been incarcerated pending the outcome of the assault charge since November 17, 2014.

 

In federal court in Utica today, United States District Judge David N. Hurd sentenced Richard to a time-served sentence of 34 months’ imprisonment.

 

This case was investigated by the Department of Veterans Affairs Police, and it was prosecuted by Assistant U.S. Attorney Michael F. Perry.

BINGHAMTON, NEW YORK – Joshua Michael Furbeck, age 22, of Oswego, New York, was sentenced today to serve 42 months in prison for Threatening to Murder a Federal Law Enforcement Officer, and 42 months in prison for Threatening to Murder a Family Member of a Federal Law Enforcement Officer, announced Acting United States Attorney Grant C. Jaquith and Lewis Robinson, Special Agent in Charge of the United States Secret Service, Buffalo Field Office. The 42-month sentences will run concurrently to one another. Furbeck was also sentenced to serve a three-year term of supervised release following his release from prison.

 

As part of hisguilty plea, Furbeck admitted that on September 17, 2016, he called the United States Secret Service Office in Syracuse, New York, and left a voicemail message in which he threatened to kill a specific Secret Service Agent and members of his family. On October 27, 2016, Furbeck was interviewed in person by Secret Service Agents and made additional threatening statements against the same specific Secret Service Agent.

 

This case was investigated by United States Secret Service, Buffalo Field Office, and the New York State Police (Troop D), and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

ALBANY, NEW YORK – Brandon Thompson, age 30, of Snye, Quebec, Canada, pled guilty today to failing to obey the commands of Border Patrol while he was operating a boat on the St. Lawrence River.

 

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.

 

Thompson admitted that on July 26, 2016, as Border Patrol Marine Unit Agents were directing him to stop and bring his boat alongside a Border Patrol boat for inspection, he instead sped away, disregarding the agents’ commands. 

 

Agents attempted to stop Thompson because they had observed him enter U.S. waters from Canada, without reporting for inspection, at approximately 10:30 p.m. 

 

Thompson faces up to 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on January 18, 2018 by Senior United States District Judge Lawrence E. Kahn.  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.

 

SYRACUSE, NEW YORK – Constantin Chiriac, age 42, and a citizen of Moldova, was sentenced today to time served (128 days in jail) for transporting an alien within 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.

 

Chiriac pled guilty on July 17, 2017.  He admitted that on May 23, 2017, while on the Akwesasne reservation near Hogansburg, New York, he picked up a Hungarian citizen who had just crossed the border illegally from Canada.  Chiriac was driving the Hungarian citizen away from the border area when Border Patrol Agents stopped him. Chiriac admitted that he intended to transport the Hungarian citizen away from the border area and to Brooklyn, New York. At the time of his crime, Chiriac was in the United States on a visitor (tourist) visa.  Co-defendant Kanento Boots was convicted of the same charge and sentenced to time served (111 days in jail) on September 11, 2017.     

 

The smuggled Hungarian citizen, Zsolt Mihaly, pled guilty on June 6 to illegal entry into the United States, a misdemeanor, and was sentenced to 36 days in jail.

 

Following his sentence, Chiriac was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

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

SYRACUSE, NEW YORK –Interstate methamphetamine traffickers and local producers face federal and state charges in a series of cases that resulted in the arrests of 31 people in September.

 

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, Postal Inspector in Charge Shelly Binkowski, New York State Police Superintendent George P. Beach II and Tioga County District Attorney Kirk Martin.

 

30 of the charged defendants are residents of Broome, Jefferson, Lewis, Oneida, Onondaga, Oswego, and Tioga Counties, and one defendant is a resident of Arizona.

 

“Whether produced locally or brought here from other states and countries, methamphetamine wreaks havoc on our communities.  It destroys the health of those who use it, and its addicts often commit other crimes.  Thanks to the outstanding cooperation among our local, state, and federal law enforcement partners, 31 people have been charged with peddling this poison and possessing pseudoephedrine knowing it would be used to make methamphetamine.  We will continue to work together to arrest and convict those who traffic in this deadly drug,” said Acting U.S. Attorney Grant C. Jaquith.

 

DEA Special Agent in Charge James J. Hunt stated, “Recently, methamphetamine abuse has been overshadowed by opioid abuse in the press, but it is nonetheless just as deadly and addictive.  DEA and our law enforcement partners are committed to increasing awareness of the dangers associated with methamphetamine use; and these investigations demonstrate our collective efforts to rid Upstate New York of methamphetamine and other dangerous drugs.”

 

Postal Inspector in Charge Shelly Binkowski stated, “The U.S. Postal Inspection Service and our law enforcement partners will continue to dedicate the resources necessary to keep methamphetamine producers and traffickers out of our communities.  The arrest of these individuals demonstrates our commitment to keeping these and other highly addictive drugs from destroying lives.”

 

New York State Police Superintendent George P. Beach II said, “These arrests are a direct result of the combined efforts of Federal, state, and local law enforcement to rid New York of local and interstate methamphetamine heroin trafficking operations.  This sends a strong message to drug dealers throughout the country that New York State will not tolerate drugs in its communities. These efforts will ultimately rid our communities of methamphetamine and its associated dangers.”

 

The charges resulting from three independent investigations are summarized below.

 

September 19, 2017  Pseudoephedrine Arrests

 

On September 19, 2017, the DEA and New York State Police arrested the following nine people who had been charged with possessing pseudoephedrine, an over-the-counter drug, knowing that it would be used to make methamphetamine:

 

Brett Clifton, 19, Lyons Falls, NY

Leann Evans, 28, Rome, NY

Mark Myers, 54, Blossvale, NY

Brittany DeKay, 37, Blossvale, NY

Michael Hoke, 37, Utica, NY

Scott Leisner, 48, Sylvan Beach, NY

Alyssa Moleski, 21, Cicero, NY

Joseph Palladino, 48, Carthage, NY

James Mayhew, 39, Watertown, NY

 

On September 26, 2017, a tenth person, Zachary Mazur, 29, Utica, NY, was arrested.

 

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.

 

September 20, 2017 Operation Hail Storm Arrests

 

On September 20, 2017, as part of “Operation Hailstorm,” an investigation targeting interstate and local methamphetamine trafficking, the DEA, the United States Postal Inspection Service, the New York State Police, and the Broome County Special Investigations Unit Drug Task Force arrested the following nine people who had been charged in a federal indictment with conspiracy to possess with intent to distribute and distribution of methamphetamine: 

 

Alonzo Lamar Harris, a/k/a “L” 42, of Youngstown, Arizona

Charles Green, a/k/a “C” 42, of Endicott, New York

Akuan Johnson, a/k/a “Bleek” 38, of Binghamton, New York

Vincent Harrell, a/k/a “VI” 39, of Endicott, New York

Kenneth Wilson, a/k/a “KB” 46, of Endicott, New York

Rachel Millard, a/k/a “R” 30, of Endicott, New York

Jolene Barrett, 41, of Johnson City, New York

Misti Evans, 37, of Endicott, New York

Amanda Kamp, 37, of Deposit, New York

 

On September 26, 2017, a tenth person, Jerome Bell, 35, of Binghamton, New York was arrested.   If convicted, all of the defendants, except Amanda Kamp, face sentences of at least ten years and up to 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.  If convicted, Johnson, Harrell, Wilson, and Bell could face enhanced penalties because of their prior convictions.  If convicted, Kamp faces up to 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life. 

 

Harris, Green, Bell, Johnson, and Millard are also charged with conspiracy to launder drug proceeds and, if convicted, face up to 20 years in prison, a fine of up to $500,000, and a term of supervised release of up to three years.

 

On September 20, 2017, an eleventh defendant, Robert Patton, 39, of Waverly, New York  was charged by the Tioga County District Attorney with criminal possession of a controlled substance, second degree.

 

Law enforcement officers seized approximately 6 pounds of methamphetamine, more than $60,000 of cash, three handguns, and three vehicles.

 

September 28, 2017 Pseudoephedrine Arrests

 

Today, the DEA and New York State Police arrested the following 10 people who had been charged with possessing pseudoephedrine, an over-the-counter drug, knowing that it would be used to make methamphetamine:

 

Arthur LaDuke, 45, North Syracuse, NY

Brittany Peck, 28, Richland, NY

Christine Morey, 32, West Monroe, NY

Donald Burdick, 59, West Monroe, NY

Edward Bennett, 32, Pulaski, NY

Elizabeth Kairis, 22, Cicero, NY

Leann Harrison, 58, West Monroe, NY

Lindsey Creiman, 36, Cicero, NY

Loren Redhead, 30, Pulaski, NY

Mary Jean Pugh, 40, Pulaski, NY

 

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

 

The charges in the indictment 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.

 

These cases are being investigated by the United States Drug Enforcement Administration-Syracuse Resident Office, the United States Postal Inspection Service, the New York State Police, the City of Cortland Police Department, the Broome County SIU Drug Task Force, including the Vestal Police Department, Endicott Police Department, Binghamton Police Department, Johnson City Police Department, Waverly Police Department, Broome County Sheriff’s Office, and Tioga County Sherriff’s Office and are being prosecuted by Assistant U.S. Attorneys Carl Eurenius and Nicolas Commandeur and Tioga County District Attorney Kirk Martin.

ALBANY, NEW YORK – Jason C. Bishop, age 27, of Albany, New York, was sentenced today to time served (approximately 18 months of imprisonment), to be followed by 3 years of supervised release, for distributing oxycodone in Albany County. 

 

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

 

As part of his March 17, 2017 guilty plea, Bishop admitted that he obtained prescribed oxycodone tablets from a pharmacy and then sold those tablets to Salvatore Commisso.  Commisso was sentenced in January 2017 to 36 months in prison for conspiring to distribute oxycodone.

 

This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

SYRACUSE, NEW YORK – Michael Gullinese, age 47, of Albany, New York, pled guilty yesterday to 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). 

 

As part of his guilty plea, Gullinese admitted that between January 23, 2017 and his arrest on March 14, 2017, he used his cell phone to send and receive images of child pornography over the Kik instant-messaging application.  Gullinese saved to his phone approximately 600 image files and 150 video files of child pornography, some depicting children as young as infants. 

 

Gullinese has a 2010 federal child pornography conviction.  He was serving a life term of supervised release at the time of his arrest, having been released from prison in August 2014. 

 

Gullinese is scheduled to be sentenced on January 25, 2018 by Senior United States District Judge Norman A. Mordue.  He faces at least 15 years and up to 40 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

 

The case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti. 

 

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

ALBANY, NEW YORK – Nicholas “Netti” Khan, age 24, of Schenectady, New York, was sentenced today to 92 months in prison for distributing crack cocaine.

 

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

 

In July 2016, following a three-day trial, a jury in Binghamton convicted Khan of distributing crack cocaine on four occasions in Schenectady from July to September 2013. 

 

Khan is serving a term of imprisonment of 25 years to life in state prison for a 2014 murder conviction.  The 92-month federal sentence issued today will begin after Khan is finished serving the murder sentence.

 

Senior United States District Judge Thomas J. McAvoy also imposed a 4-year term of supervised release, to begin after Khan’s release from prison.

 

This case was investigated by the DEA and the Colonie Police Department, and was prosecuted by Assistant United States Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Michael Pampalone, age 34, of Elizabeth, New Jersey, was sentenced today to 24 months in prison for stealing $132,450 from a client.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.

 

Pampalone pled guilty to wire fraud in April 2017. He admitted that in 2013, he stole money that he had promised to hold in escrow for an East Greenbush, New York, man seeking a mortgage.  After the client sent him two wires totaling $132,450, Pampalone withdrew the money and used it for personal expenses.  In the following months, Pampalone told the client an elaborate, false story about the location of his money.

 

United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release to begin after Pampalone’s release from prison.  Pampalone was also ordered to pay restitution to the victim in the amount of $132,450.

 

This case was investigated by the USPIS and New York State Police, and was prosecuted by Assistant United States Attorney Wayne A. Myers.

ALBANY, NEW YORK – Victorico Catarino Ramirez, age 23, and a citizen of Mexico, was sentenced today to time served (98 days in jail) for possessing a fraudulent alien registration receipt card, commonly referred to as a “green card.” 

 

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

 

As part of his guilty plea, Catarino Ramirez admitted that he was never issued a valid green card, that he had purchased the counterfeit green card from an individual in Saratoga Springs, and that he used it to obtain work with various employers in Saratoga Springs.  The card bore Catarino Ramirez’s photograph but displayed the immigration number of another person. 

 

Following the sentencing, Catarino Ramirez was remanded to the custody of the Department of Homeland Security, for removal proceedings

 

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

SYRACUSE, NEW YORK - Charles Tan, 22, of Pittsford, New York, was arraigned today in Federal Court in Syracuse, New York, on an indictment charging him with three felony firearms offenses, announced Acting United States Attorney Grant C. Jaquith, Special Agent in Charge Ashan M. Benedict, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Monroe County (New York) Sheriff Patrick O'Flynn. The Indictment charges him with one count of Receiving a Firearm and Ammunition with Intent to Commit an Offense, and two counts of Making a False Statement During the Purchase of a Firearm.  Tan was arrested yesterday at Lewiston, New York, as he crossed into the United States from Canada.

In court today, Tan entered a plea of “not guilty” and was ordered held without bail by United States Magistrate Judge David E. Peebles pending a detention hearing scheduled for Wednesday September 27, 2017 at 9:30 am in Syracuse. 

Tan faces maximum terms of imprisonment of 10 years on one count of Making a False Statement During the Purchase of a Firearm and one count of Receiving a Firearm and Ammunition with Intent to Commit an Offense. He faces a maximum term of imprisonment of 5 years for a second charge of Making a False Statement During the Purchase of a Firearm.  The defendant also faces a maximum fine of $250,000.00 on each count and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

This case is being investigated by ATF and the Monroe County, New York, Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.   

BINGHAMTON, NEW YORK – Michael Gumaer, 50, of Endicott, New York, was convicted yesterday of all eight felony counts of an indictment charging him with the sexual exploitation of two children. The verdict came at the conclusion of a four-day jury trial in Binghamton, New York, announced Acting United States Attorney Grant C. Jaquith  and Vadim Thomas, Special Agent in Charge of the FBI Albany Field office.

 

The evidence at trial established that Gumaer sexually exploited two minor children at his home in Endicott, New York. Upon discovery of his offenses, the defendant fled for two weeks until his arrest by the Endicott Police Department on September 18, 2016. Upon being apprehended, he was subsequently interviewed and confessed to FBI Agents who had seized his electronic media that contained images documenting his sexual exploitation of the two victims.

 

Sentencing is scheduled for January 26, 2018 in Binghamton, New York. On Counts 1-4 charging sexual exploitation of a child, the defendant faces a minimum 15 years and a maximum sentence of up to 30 years in prison. On Counts 5 and 6, charging receipt and transportation of child pornography, the defendant faces a minimum sentence of 5 years and a maximum sentence of 20 years in prison. On counts 7 and 8, charging possession of child pornography that involved an image of a prepubescent minor, the defendant faces a maximum sentence of up to 20 years in prison. Gumaer could be sentenced to a term of supervised release of up to life for these convictions and a fine of up to $250,000 on each count. The Court has discretion to sentence the defendant either consecutively or concurrently as to each count of conviction.   Michael Gumaer will also be required to register as sex offender.  

 

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the FBI and the Endicott Police Department, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

SYRACUSE, NEW YORK - Charles Tan, 22, of Pittsford, New York, was arrested today in Lewiston, New York, on a federal indictment, as he crossed into the United States from Canada.           

 

The announcement was made by Acting United States Attorney Grant C. Jaquith, Special Agent in Charge Ashan M. Benedict, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Monroe County (New York) Sheriff Patrick O'Flynn.

 

Tan will appear before a United States Magistrate Judge in Syracuse, New York, at 4 pm on Saturday, September 23, 2017, on an Indictment charging him with one count of Receiving a Firearm and Ammunition with Intent to Commit an Offense, and two counts of Making a False Statement During the Purchase of a Firearm.

 

Tan faces a maximum term of imprisonment of 10 years on each count charging him with Making a False Statement During the Purchase of a Firearm and a maximum term of imprisonment of 5 years for the charge of Receiving a Firearm and Ammunition with Intent to Commit an Offense.  He also faces a maximum fine of $250,000 on each count and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

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

 

This case is being investigated by ATF and the Monroe County, New York, Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.  

SYRACUSE, NEW YORK – James Hileman, age 29, of Schenectady, New York, was sentenced today to 120 months in prison for distributing crack cocaine.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Special Agent in Charge Vadim D. Thomas of the Albany Field Office of the Federal Bureau of Investigation (FBI).

 

Senior United States District Judge Frederick J. Scullin, Jr. also imposed an 8-year term of supervised release, to begin after Hileman’s release from prison.

 

As part of his guilty plea, Hileman admitted that in March 2015, he sold more than 28 grams of crack cocaine to another person.  At the time, he had multiple, prior drug felony convictions and was on parole.

 

This case was 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, and was prosecuted by Assistant United States Attorney Wayne A. Myers.

SYRACUSE, NEW YORK – Nine people arrested today are named in a federal methamphetamine and money laundering conspiracy indictment unsealed in court in Binghamton, New York, announced Acting United States Attorney Grant C. Jaquith, DEA Special Agent in Charge James J. Hunt, Postal Inspector in Charge Shelly Binkowski, and New York State Police Superintendent George P. Beach, II.

 

The Indictment alleges that the ten coconspirators engaged in a conspiracy from January 2015 to September 5, 2017, to possess with intent to distribute and distribute in excess of 50 grams of methamphetamine. Four of the defendants arrested today are alleged to have conspired to launder drug proceeds using Western Union wire transfers, bank transfers, and deposits. The indictment also contains forfeiture allegations.

 

The following defendants are charged in the indictment and made court appearances today:

 

Alonzo Lamar Harris, a/k/a “L” 42, of Youngstown, Arizona

Charles Green, a/k/a “C” 42, of Endicott, New York

Akuan Johnson, a/k/a “Bleek” 38, of Binghamton, New York

Vincent Harrell, a/k/a “VI” 39, of Endicott, New York

Kenneth Wilson, a/k/a “KB” 46, of Endicott, New York

Rachel Millard, a/k/a “R” 30, of Endicott, New York

Jolene Barrett, 41, of Johnson City, New York

Misti Evans, 37, of Endicott, New York

Amanda Kamp, 37, of Deposit, New York

 

One additional defendant is being sought in connection with this indictment.

 

The methamphetamine conspiracy charge filed against Alonzo Lamar Harris, Charles Green, Akuan Johnson, Vincent Harrell, Kenneth Wilson, Rachel Millard, Jolene Barrett and Misti Evans carries a minimum sentence of ten years and a maximum sentence of life imprisonment, a fine of up to $10 million dollars, and a term of supervised release of at least 5 years and up to life.  Akuan Johnson, Vincent Harrell, and Kenneth Wilson could face enhanced penalties if convicted. Amanda Kamp faces a sentence of imprisonment of up to 20 years, a fine of up to $1 million dollars, and a term of supervised release of at least 3 years and up to life, if convicted. 

 

Alonzo Lamar Harris, Charles Green, Akuan Johnson, and Rachel Millard are also charged with conspiracy to launder drug proceeds and face a maximum sentence of up to 20 years imprisonment, a fine of up to $500,000.00, and a term of supervised release of up to three 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.

 

“As the allegations in this indictment illustrate, we are committed to working with federal, state, and local law enforcement to dismantle drug trafficking organizations that prey on the people in our communities for profit.  We must stop both the flow of methamphetamine from the southwest to our Southern Tier and the movement of drug proceeds back to perpetuate the peddling of this poison,” said Acting United States Attorney Grant C. Jaquith

 

DEA New York Special Agent in Charge James J. Hunt stated, “Mexican drug traffickers succeeded in flooding the market with opioids, and now they are trying to do the same with methamphetamine.  These arrests demonstrate that DEA and our law enforcement partners are determined to not let that happen.” 

 

U.S. Postal Inspection Service, Inspector in Charge Shelly Binkowski said, “We simply cannot and will not allow drug trafficking organizations to use our nation’s mail system to facilitate the transport of illegal drugs, which continue to destroy the lives of many through addiction. Today’s arrests should send a strong message to drug traffickers that the United States Postal Inspection Service will commit the resources necessary to protect our employees, customers, and the U.S. Mail. Together with our law enforcement partners we will put a stop to these criminal enterprises.”

 

“Once again strong law enforcement partnerships have disrupted another illegal narcotic and money laundering operation,” said New York State Police Superintendent George P. Beach II. “The arrests and indictments of these ten individuals will not only keep harmful narcotics such as methamphetamine off our streets, but they will also put an end to the dangerous cycle of criminal activities that threaten our neighborhoods as a result of these drugs. We will continue to work together to keep these harmful narcotics from infiltrating our communities.”

 

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

 

This case is being investigated by the United States Drug Enforcement Administration (DEA)-Syracuse Resident Office, the United States Postal Inspection Service, the New York State Police, and the Broome County SIU Drug Task Force, including the Vestal Police Department, Endicott Police Department, Binghamton Police Department, Johnson City Police Department, Waverly Police Department, Broome County Sheriff’s Office, Tioga County Sherriff’s Office, and is being prosecuted by Assistant United States Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Linda Sue Parnell, age 62, of Syracuse, New York, was arraigned yesterday on an indictment charging her with four counts of wire fraud and one count of theft of government money, announced Acting United States Attorney Grant C. Jaquith.

The indictment alleges that Parnell, who was formerly employed as a nurse by the Veterans Administration, submitted false claims for reimbursement from the U.S. Department of Labor, Office of Workers’ Compensation Programs for more than five years.  According to the indictment, Parnell fraudulently submitted claims that she traveled to the YMCA of Greater Syracuse for physical rehabilitation, when, in fact, she did not, which caused her to receive more than $72,000 to which she was not entitled. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Parnell faces up to 20 years in prison on each count of wire fraud, and up to 10 years in prison on the count of theft of government money.  She also could be subject to a fine of up to $250,000 and a term of supervised release of up to 3 years on each of the five criminal charges.  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.

Parnell was arraigned yesterday in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks, and released pending a trial before United States District Court Judge David N. Hurd.

This case is being investigated by the Department of Veterans Affairs Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.

PLATTSBURGH, NEW YORK – Raul Meza, age 48, 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.

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

Senior United States District Judge Norman A. Mordue is scheduled to sentence Meza on December 18, 2017. Meza faces up to 2 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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