Northern District of New York
Press releases recorded for this federal judicial district.
Syracuse Area Medical Practice to Pay Nearly $2 Million to Resolve False Claims Act ExposureRead the Press Release
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 Man Sentenced for Assault at Syracuse VA Medical CenterRead the Press Release
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.
Oswego Man Sentenced to Prison for Threatening to Murder Secret Service Agent and FamilyRead the Press Release
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.
Quebec Man Pleads Guilty to Failing to Stop for Border PatrolRead the Press Release
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.
Moldovan Man Sentenced for Illegal Transportation of AlienRead the Press Release
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.
Federal and State Law Enforcement Agencies Target Methamphetamine Traffickers and ProducersRead the Press Release
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 Man Sentenced for Oxycodone DistributionRead the Press Release
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.
Albany Man Pleads Guilty to Child Pornography ChargesRead the Press Release
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/
Schenectady Man Sentenced for Crack Cocaine DistributionRead the Press Release
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.
New Jersey Man Sentenced to Prison for Wire FraudRead the Press Release
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.
Mexican Citizen Sentenced for Possessing Fraudulent Green CardRead the Press Release
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.
Charles Tan Arraigned on Federal Firearms ChargesRead the Press Release
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.
Endicott Man Convicted for Sexual Exploitation of Two ChildrenRead the Press Release
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.
Charles Tan Arrested for Federal Firearms FeloniesRead the Press Release
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.
Schenectady Man Sentenced for Crack Cocaine DistributionRead the Press Release
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.
Ten Charged in Broome County Methamphetamine and Money Laundering ConspiraciesRead the Press Release
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 Woman Charged with Wire Fraud and Theft of Government FundsRead the Press Release
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.
Mexican Citizen Pleads Guilty to Illegal Re-EntryRead the Press Release
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.
Watervliet Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Francisco Rivera, age 37, of Watervliet, New York, pled guilty today to conspiring to distribute cocaine.
The announcement was made by Acting United States Attorney Grant C. Jaquith; Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division; and Acting Albany Police Chief Robert Sears.
As part of his guilty plea, Rivera admitted that he arranged for someone in Puerto Rico to mail him kilogram and half-kilogram quantities of cocaine that were hidden within everyday items such as scented candles and board game boxes. He arranged for cocaine shipments to be mailed to residential addresses in Albany, Rensselaer and Schenectady Counties where he would pick them up and then deliver them to his customers.
United States District Judge Mae A. D’Agostino is scheduled to sentence Rivera on January 16, 2018. He faces at least 10 years and up to life in prison, as well as post-imprisonment supervised release of at least 8 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Rivera has also agreed to forfeit $24,500 in cash drug proceeds seized from his Watervliet residence, as well as a 2011 BMW X-6 SUV that he used to transport cocaine.
This case was investigated by the USPIS and Albany Police Department, with assistance from Homeland Security Investigations and U.S. Customs and Border Protection, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Nigerian Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
SYRACUSE, NEW YORK – Chukwudi Olisemeka, age 48, and a citizen of Nigeria, was sentenced today to 6 months in jail for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his July 17, 2017 guilty plea, Olisemeka admitted that he was a citizen of Nigeria, and that he illegally returned to the United States following his June 19, 2008 removal to Nigeria. On May 7, 2017, Olisemeka was found by a Border Patrol agent in Massena, New York, on a bus destined for New York City.
Following his term of imprisonment, Olisemeka will be transferred 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.
Schenectady Men Sentenced for Heroin and Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – William Hilts, a/k/a “True,” age 53, and Elijah Jones, age 31, both of Schenectady, New York, were sentenced today for conspiring to distribute heroin and crack cocaine.
Senior United States District Judge Thomas J. McAvoy sentenced Hilts to 180 months in prison and 8 years of post-imprisonment supervised release. He sentenced Jones to 92 months in prison and 4 years of supervised release.
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).
Jones, Hilts’s nephew and conspirator, pled guilty in May 2017 to conspiracy to distribute heroin and crack cocaine.
Following a week-long jury trial in May 2017, Hilts was convicted of conspiring to distribute heroin and crack, and other, related drug crimes. The evidence at trial demonstrated that Hilts supervised the distribution of crack cocaine and heroin out of a residence in Schenectady, New York, adjacent to a children’s daycare center, and often in direct view of young children. Hilts, who has numerous felony convictions for drug trafficking, began selling heroin and crack just weeks after being released from state prison for a 2013 felony drug offense.
This case was investigated by the DEA and the Schenectady County Sheriff’s Department, and was prosecuted by Assistant United States Attorneys Wayne A. Myers and Joseph A. Giovannetti.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Abel Cruz-Bautista, age 25, and a citizen of Mexico, was sentenced today to time served (48 days in jail) for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Cruz-Bautista admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on September 3, 2010.
On July 25, 2017, Cruz-Bautista was arrested by ICE officers in Richfield Springs, New York.
Following the sentencing, Cruz-Bautista was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Fort Edward Man Arrested for Sexual Exploitation of a ChildRead the Press Release
ALBANY, NEW YORK - James J. Mattison, age 46, of Fort Edward, New York, appeared today in federal court on charges that he sexually exploited a child.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
United States Magistrate Judge Daniel J. Stewart ordered Mattison detained pending further proceedings.
The complaint filed against Mattison alleges that in October 2016, he communicated with a 13-year-old boy using both text messages and the Live.me phone application. The complaint further alleges that Mattison pretended to be a teenage girl named Megan, and coerced the victim into taking and sending sexually explicit photographs of himself by threatening to commit suicide if the victim refused. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of the charge in the complaint, Mattison faces at least 15 years and up to 30 years in prison, post-imprisonment supervised release of at least 5 years and up to life, and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and is being prosecuted by Assistant United States 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/.
Akwesasne Resident Admits Illegal Transportation of AlienRead the Press Release
ALBANY, NEW YORK – Kanento Boots, age 63, of Akwesasne, Ontario, Canada, was sentenced today to time served (111 days in jail) and 1 year of supervised release for illegally 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.
Boots pled guilty on August 15, 2017. He admitted that on May 23, 2017, on the Akwesasne reservation near Hogansburg, New York, he picked up a Hungarian man, Zsolt Mihaly, who had just crossed the border illegally from Canada. Boots drove Mihaly a short distance and Mihaly then got into the car of another driver, Constantin Chiriac. All three were arrested.
Mihaly pled guilty on June 6 to illegal entry into the United States, a misdemeanor, and was sentenced to 36 days in jail. Chirac pled guilty on July 17 to illegal transportation of an alien and is scheduled to be sentenced on September 18.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Syracuse Man Charged for Gun and Drug OffensesRead the Press Release
SYRACUSE, NEW YORK – Calvin Weaver, 27, of Syracuse, New York, appeared in court today on a federal indictment charging him with being a felon in possession of a firearm, possessing a firearm with an obliterated serial number, and possession of cocaine.
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.
The indictment alleges that, on February 15, 2016, Weaver, a convicted felon, was in possession of a .25 caliber semiautomatic pistol with the serial number removed and a quantity of cocaine. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Weaver faces up to 10 years in prison on the charge of being a felon in possession of a firearm and up to 5 years in prison on the charge of possessing a firearm with an obliterated serial number. Weaver also faces a fine of up to $250,000 and a term of post-imprisonment supervised release of up to 3 years on those two charges. On the possession cocaine charge, the defendant faces a maximum term of imprisonment of 1 year, a term of post-imprisonment supervised release of up to 1 year, and a $1,000 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.
Calvin Weaver appeared today in Syracuse, before United States Magistrate Judge David E. Peebles and is presently detained without bail pending a trial.
This case is being investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.
Glenville Man Indicted for Distributing and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Glenn Mears, age 44, of Glenville, New York, was indicted yesterday for distributing and possessing child pornography.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Special Agent in Charge Kevin Kelly of Homeland Security Investigations (HSI), Buffalo Field Office.
The indictment charges Mears with 1 count of distributing and 10 counts of possessing child pornography. As alleged in the indictment, the images and videos possessed by Mears included those of prepubescent children and children under 12 years old. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Mears was arrested on June 27, 2017 on a criminal complaint, and will be arraigned on the indictment at a later date. If convicted on all counts, Mears faces at least 5 years and up to 20 years in prison. Mears also faces a term of post-imprisonment supervised release of at least 5 years and up to life and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
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/.
St. Lawrence County Man Pleads Guilty to Clean Water Act CrimesRead the Press Release
SYRACUSE, NEW YORK - Michael J. Ward, age 54, of Gouverneur, New York, pled guilty today in federal court in Binghamton to three felony counts of violating the Clean Water Act, announced Acting United States Attorney Grant C. Jaquith; Tyler Amon, Special Agent in Charge for the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Joe Schneider, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).
In pleading guilty, Ward admitted that between January 2013 and September 2015, while employed as the Technical Director in charge of environmental compliance at the APC Paper Group paper mill in Norfolk, New York, he caused the paper mill to violate its Clean Water Act permit by discharging wastewater containing excessive levels of biochemical oxygen demand (“BOD”) into the Raquette River. BOD is the amount of dissolved oxygen necessary for microorganisms in the water to break down organic material. BOD levels also provide an index for measuring the effect discharged wastewater will have on the body of fresh water receiving it. In this case, the paper mill’s Clean Water Act permit restricted the amount of BOD that could be discharged through wastewater. Ward admitted in court today that he was responsible for monitoring, calculating, and reporting the paper mill’s compliance with its Clean Water Act permit. He further admitted that he hid and falsified data regarding the BOD levels in the mill’s wastewater discharges, thus allowing the mill to violate its Clean Water Act permit on a regular basis. Additionally, he repeatedly falsified monthly reports to the DEC to hide the continuing Clean Water Act violations. The defendant’s illegal conduct was discovered after he was fired by APC Paper Group for unrelated reasons in the fall of 2015.
The charges to which Ward pled guilty today carry a maximum sentence of up to 3 years in prison, a fine of up to $800,000, and a term of supervised release of up to 1 year. Ward will be sentenced in federal court in Binghamton on January 26, 2018 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by EPA-CID and the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Citizen of Dominican Republic Pleads Guilty to Illegal Reentry Following a Prior DeportationRead the Press Release
SYRACUSE, NEW YORK – Yesterday, Radhames Perez pled guilty in federal court in Syracuse to illegally re-entering the United States after having been previously deported from the United States following a felony drug conviction, announced Acting United States Attorney Grant C. Jaquith.
Perez, a citizen of the Dominican Republic, admitted that he was deported from the United States in December 2003, following his conviction in New York County Supreme Court for criminal sale of a controlled substance in the second degree, which constitutes an aggravated felony under U.S. immigration law. The defendant was found in the United States again in June 2017 after he was arrested in Frankfort, New York, on an unrelated New York State criminal charge.
The defendant faces up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. He also faces deportation. He will be sentenced in Syracuse on November 6, 2017, by United States District Judge Brenda K. Sannes. 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 Department of Homeland Security, Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Albany Sex Offender Sentenced for Failing to Update RegistrationRead the Press Release
ALBANY, NEW YORK – Terry L. Shellenberger, age 48, of Albany, was sentenced today to 10 months in jail, to be followed by 5 years of supervised release, for failing to update his sex offender registration.
The announcement was made by Acting United States Attorney Grant C. Jaquith and United States Marshal David L. McNulty.
Shellenberger is a sex offender. In 2006, he was convicted, in federal court, of child pornography possession. Since his release from prison in 2012, he has been required by federal and state law to notify the New York State Sex Offender Registry about any change in his residential address. As part of his May 23, 2017 guilty plea, Shellenberger admitted that he failed to disclose to the registry that for several months in 2017, he had been residing at a motel in the city of Albany.
This case was investigated by the U.S. Marshals Service and U.S. Probation Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Misdemeanor Immigration Prosecutions – August 2017Read the Press Release
ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from August 2017:
Citizen of Mexico Sentenced For Illegal Entry into United States
Elias Alberto Becerra-Rodriguez, age 27, of Mexico, was sentenced on August 10 to 25 days in jail for illegally entering the United States. Becerra-Rodriguez admitted that he walked across the border approximately one-half mile east of the Mooers Port of Entry on July 30, and that he continued south on foot until he was stopped and arrested by Border Patrol Agents.
Citizen of Colombia Sentenced For Illegal Entry into United States
Oscar Marin-Palacio, age 32 of Colombia, was sentenced on August 10 to 18 days in jail for illegally entering the United States. Marin-Palacio admitted that he walked across the border approximately one mile west of the Champlain Port of Entry on August 1, and that he continued south on foot until he was stopped and arrested by Border Patrol Agents.
Citizen of Guatemala Sentenced For Illegal Entry into United States
Yener Morales-Escalante, a citizen of Guatemala, was sentenced on August 17 to 12 days in jail following his guilty plea to illegally entering the United States. Morales-Escalante admitted that on August 12, he entered the United States at Champlain, New York, by walking through the woods from Canada, before being stopped and arrested by Border Patrol Agents.
Eritrean National Sentenced for Visa FraudRead the Press Release
PLATTSBURGH, NEW YORK – Mohammed Nurey Ibrahim, age 41, an Eritrean national and resident of Riyadh, Saudi Arabia, was sentenced today to time served (about 4 months in jail) for presenting a fraudulently obtained visa to a United States Border Patrol Agent in Champlain, New York
The announcement was made by Acting United States Attorney Grant C. Jaquith and Acting Director Christian J. Schurman of the U.S. Department of State’s Diplomatic Security Service.
As part of his July 18, 2017 guilty plea, Ibrahim admitted that he fraudulently obtained a United States non-immigrant tourist visa in September 2016 from a United States consulate in Saudi Arabia. On January 5, 2017, he presented that visa to a Border Patrol Agent in Champlain as he attempted to illegally cross the border in order to claim asylum in Canada.
Following sentencing, Ibrahim was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by the U.S. Department of State’s Diplomatic Security Service, United States Customs and Border Protection, United States Border Patrol, and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Elizabeth Horsman.
Canadian Man Sentenced for Attempted Illegal Re-entry into the United StatesRead the Press Release
ALBANY, NEW YORK – Mohammed Muniru Bichi, age 62, of Montreal, Canada, was sentenced today to time served (29 days in jail), followed by a 3-year period of supervised release, for attempting to illegally re-enter the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
As part of his guilty plea, Bichi admitted that he is a citizen of Canada, and that he attempted to illegally return to the United States after he was removed to Canada on July 7, 2017. On August 1, 2017, Bichi was arrested as he attempted to enter the United States by train at the Rouses Point Rail Port of Entry. Bichi said that he was traveling to New York City.
Following the sentencing, Bichi 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 Customs and Border Protection and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Saratoga County Man Indicted on Child Pornography ChargeRead the Press Release
ALBANY, NEW YORK – Peter Farnum, age 41, of Ballston Lake, New York, was indicted yesterday for possession of 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).
Farnum was arrested July 26, 2017, on a criminal complaint. According to the complaint, Farnum used a home computer between October 2015 and April 2016 to view and store thousands of files containing child pornography. As alleged in the complaint and indictment, the images included children under 12 years old.
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Farnum will be arraigned at a later date. If convicted, he faces up to 20 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, with the assistance of the Saratoga County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
Utica Man Arrested on Federal Child Exploitation ChargesRead the Press Release
SYRACUSE, NEW YORK – Shawn Bunnell, 34, of Utica was charged yesterday in United States District Court with sexual exploitation of a child, and the commission of a felony offense against a minor as a registered sex offender, announced Acting United States Attorney Grant C. Jaquith.
A criminal complaint filed yesterday accuses Bunnell of sexual exploitation of a child for producing lewd and lascivious images of a two-year old child, and uploading the images through Google. The investigation is ongoing, and the Oneida County Child Advocacy Center requests anyone who may have information to call 315-732-3990.
United States Magistrate Judge Thérèse Wiley Dancks ordered Bunnell detained without bail pending trial.
If convicted, Shawn Bunnell faces a mandatory minimum term of 25 years and a maximum sentence of 50 years in prison for the exploitation offense, and because he is accused of committing the offense as a person required to register as a sex offender, he faces an additional and mandatory consecutive term of 10 years in prison. He also faces a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Oneida County Sheriff’s Office, Oneida County Child Advocacy Center, Whitesboro Police Department, Utica Police Department, New York State Police, and Homeland Security Investigations. It is being prosecuted by Assistant U.S. Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
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.
Anthony Vita Sentenced in Fentanyl-Laced Heroin DeathRead the Press Release
SYRACUSE, NEW YORK - Anthony Vita, 37, of Syracuse, New York, was sentenced today to serve 15 years in prison for distributing a controlled substance, announced Acting United States Attorney Grant Jaquith and James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA). The fentanyl-laced heroin sold by Vita led to the November 7, 2015 death of the victim, a 24-year old woman who was five months pregnant. The defendant’s sentence also included a 15-year term of supervised release following his term of imprisonment.
As part of his guilty plea on March 28, 2017, Vita admitted that on November 7, 2015, he sold seven bags of heroin laced with fentanyl to the victim. Before the sale, the victim told Vita that she had not used heroin in five months and asked him to provide her with a syringe. As requested, he delivered a syringe and seven bags of the heroin/fentanyl mixture. She injected the mixture and died due to acute opiate intoxication.
“Today’s sentence holds the defendant accountable for killing a 24-year-old pregnant woman by selling her a deadly mix of heroin laced with fentanyl when she had not used heroin for five months. For 15 years, there will be no more victims of the heroin hawked by Anthony Vita. However, this victim’s family will always have to endure the loss of a beloved daughter and an unborn child. We hope dealers will see the danger of death in their distribution of opioids and those suffering from addiction will seek and find the support and assistance they need to stop using them. We will continue to bring federal charges against those who peddle this poison, to pursue just punishments and prevent future tragedies,” said Acting United States Attorney Grant Jaquith.
DEA Special Agent in Charge James Hunt stated, “This sentence is significant because not only has it put a drug trafficker behind bars, but it is a reminder to the public of how dangerous heroin is today. As evident in this case, it has become common practice among drug traffickers to mix heroin with fentanyl, which has resulted in a significant increase of drug overdoses nationwide. I commend the United States Attorney’s Office for the Northern District of New York and the DEA Syracuse Resident Office on their tireless efforts throughout this investigation.”
The case was investigated by the U.S. Drug Enforcement Administration (DEA), Syracuse Resident Office (with Assistance from DEA Norfolk, Virginia Resident Office), the Onondaga County Sheriff’s Department and the Town of Camillus (New York) Police Department, and was prosecuted by Assistant U.S. Attorneys Carla Freedman and Tamara Thomson.
Jefferson County Woman Pleads Guilty to Sexually Exploiting Three Children Between 2001 and 2008Read the Press Release
SYRACUSE, NEW YORK – Tammy M. Martin, 48, of Carthage, New York, pled guilty today to three counts of sexual exploitation of a child, announced Acting United States Attorney Grant C. Jaquith and Homeland Security Investigations-Buffalo Field Office, Special Agent in Charge Kevin Kelly.
In entering her guilty plea today in United States District Court, Martin admitted that she, together with another person, engaged three minor children in sexually explicit conduct and produced images of the abuse for a period of years.
As part of her guilty plea, Tammy Martin admitted that on at least four separate occasions in 2002, she and another person engaged the first of the three victims in sexually explicit conduct for the purpose of producing visual depictions of that conduct, and produced at least 30 separate files depicting the child engaged in sexually explicit conduct. These depictions, Martin admitted, included at least one instance in which Martin is shown pressing her mouth to the child’s nude anus when the child was approximately six years old.
Tammy Martin further admitted that on at least fourteen separate occasions between 2001 and 2007, during which time the second victim was ages 4 – 10, she and the other person engaged the second child in sexually explicit conduct and produced at least 104 separate files depicting that abuse. These depictions include a video file depicting the defendant performing oral sex on the child, and a video depicting the defendant directing the child to rub her nude breast.
Finally, Tammy Martin admitted that on at least twenty-six occasions from 2004 through 2008, she and the other person engaged the third of their victims in sexually explicit conduct, producing at least 211 separate files of that abuse. These depictions, Martin admitted, include an image file depicting Martin performing oral sex on this child when the child was approximately nine months old, an image file depicting Martin penetrating the child’s vagina with a sex toy when she was approximately three years old, and an image file depicting Martin performing oral sex on the child when she was approximately four years old.
Senior United States District Judge Hon. Norman A. Mordue will sentence Martin on January 8, 2018. She faces a mandatory minimum term of 15 years imprisonment on each count, with a maximum penalty of 30 years imprisonment per count. She will be required to serve a term of supervised release of a minimum of 5 years, and up to life, following her term of imprisonment. Martin will also be required to register as a sex offender.
Martin’s case was investigated by the New York State Police, and Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Carina Schoenberger.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Syracuse Attorney Pleads Guilty to Calling in a Bomb Threat to Federal BuildingRead the Press Release
SYRACUSE, NEW YORK – Jacqueline Jones, 47, of Fayetteville, New York, pled guilty today to Falsely Reporting an Incident in the Third Degree, a misdemeanor offense, in connection to her telephoning an anonymous bomb threat on February 20, 2015 to the Children’s Beginnings Daycare in the James Hanley Federal Building in Syracuse, New York, 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).
Following her guilty plea today, Jacqueline Jones was sentenced to a one-year term of probation, a $20,000.00 fine and 250 hours of community service.
As part of her guilty plea, Jacqueline Jones, an attorney for over 20 years, admitted that she anonymously made the threatening call from the Regional Transportation Center in Syracuse in an effort to avoid appearing in Federal Court in the James Hanley Federal Building on a civil case that had become contentious. She later wrote a letter to the Federal Judge presiding over that case containing false statements about the reasons for her failure to appear.
This case was investigated by FBI, the United States Marshals Service, the Syracuse Police Department, and the Federal Protective Service Police, and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Nigerian Man Sentenced to Prison for Hacking and Fraud SchemeRead the Press Release
UTICA, NEW YORK – Obinna Obioha, age 31, and a citizen of Nigeria, was sentenced today to serve 51 months in prison for operating a fraud scheme that stole millions of dollars from businesses in the United States and other countries.
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.
“Obioha, working from Nigeria, was a central figure in a fraud scheme using digital disguises and deceit to bilk businesses out of millions of dollars. We will continue to track down and bring to justice cyber criminals like Obioha no matter where they operate. I thank the FBI for its terrific work in this case identifying and apprehending Obioha,” said Acting United States Attorney Grant C. Jaquith.
FBI Special Agent in Charge Vadim D. Thomas said: “These schemes can rob individuals and businesses of their livelihood. Cyber-crime is a serious threat and the FBI is prepared to go to any lengths to apprehend those like Obioha.”
As part of his guilty plea to wire fraud in April 2017, Obioha admitted that, while in Nigeria, he worked with and instructed others to hack into computers and email accounts used by dozens of victims in the United States and around the world. The organization infiltrated victims’ computers and email accounts using malicious software (“malware”). After monitoring victims’ information to identify imminent commercial transactions, Obioha and his associates created knockoff email addresses that appeared similar to – but varied slightly from – victims’ legitimate email addresses.
Obioha and his associates used those bogus email accounts to send fraudulent invoices to victims, instructing them to wire funds to bank accounts controlled by Obioha and his associates, under the pretense that the wires were payments for actual deals that had been previously negotiated by the victims. Obioha admitted that between January and September 2016, he was involved in at least 50 wire transfers, and that about $6.5 million was sent by wire to bank accounts that he and his associates controlled. The accounts received money from fraud victims in New York, Florida, Illinois, Ohio, and Texas, among other places.
During today’s sentencing, U.S. District Judge Donald N. Hurd described Obioha as “right in the middle of the action” in “very sophisticated criminal activity” designed to achieve “millions of dollars in illegal funds.”
Obioha was arrested on October 6, 2016, after flying from Lagos, Nigeria, to JFK International Airport. He has been in custody since that time.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Wayne A. Myers.
To learn how to avoid becoming a victim of a business email compromise scheme, please visit this FBI resource page: https://www.fbi.gov/news/stories/business-e-mail-compromise-on-the-rise.
Mexican Citizen Arrested in Saratoga Springs, NY Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Arturo Guzman-Martinez, 23, of Mexico, was sentenced today to time served (63 days in jail), 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), acting Field Office Director Thomas P. Brophy, Buffalo, New York Field Office.
As part of his guilty plea, Guzman-Martinez admitted that he was an alien, a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on September 18, 2015.
On June 14, 2017, Guzman-Martinez was encountered and arrested by ICE officers in Saratoga Springs, New York.
Following the sentencing, Guzman-Martinez 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 Woman Sentenced for Unlawful Possession of a FirearmRead the Press Release
NEW YORK - Stacey E. Mendoza, 41, of Albany, was sentenced today to serve thirty-seven (37) months in prison following her guilty plea to being a felon in possession of a firearm. The announcement was made by Acting United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of her guilty plea, Mendoza admitted that on the evening of June 21, 2016, she fired a 12-gauge shotgun from the window of a third-story apartment on Clinton Avenue in Albany, New York, during a dispute with a neighbor. In sentencing Mendoza, Judge D’Agostino told the defendant that she placed the public “in great danger” when she fired the shotgun “on a very inhabited street [at] a time when you would expect people to be mulling around.” Mendoza was also ordered to serve three (3) years of supervised release following her prison sentence.
This case was investigated by ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
Saugerties Man Sentenced for Aggravated Identity Theft and Passport FraudRead the Press Release
ALBANY, NEW YORK – John Staccio, 68, of Saugerties, New York, was sentenced today to serve 25 months in prison to be followed by a one-year term of supervised release, a $500 fine and a $200 special assessment in connection with his convictions for aggravated identity theft and passport fraud, announced Acting United States Attorney Grant. C. Jaquith and Wendy Bashnan, Special Agent-In-Charge, New York Field Office of the U.S. Department of State’s Diplomatic Security Service.
As part of his October 12, 2016 guilty plea, Staccio admitted that in 1990 and in 2011, he applied for and received a United States passport using the name, date of birth, and social security number of another person, without his knowledge or consent. Staccio used the passport and resided abroad for approximately 25 years until being apprehended in 2016.
This case was investigated by the U.S. Department of State’s Diplomatic Security Service and was prosecuted by Assistant United States Attorney Solomon Shinerock and Special Assistant United States Attorney Jason White.
Mexican Man Arrested in Saratoga Springs, NY Sentenced for Illegal Re-entry into the United StatesRead the Press Release
ALBANY, NEW YORK – Pedro Bautista Hernandez, 28, of Mexico, was sentenced today to time served (33 days in jail), 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), acting Field Office Director Thomas P. Brophy, Buffalo, New York Field Office.
As part of his guilty plea, Bautista Hernandez admitted that he was an alien, a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on April 11, 2016. Bautista Hernandez also admitted that he had previously been removed to Mexico on December 8, 2015 and December 15, 2015.
On July 13, 2017, Bautista Hernandez was encountered and arrested by ICE officers in Saratoga Springs, New York.
Following the sentencing, Bautista Hernandez was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.
These cases were investigated by United States Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Matthew Charo Pleads Guilty to Distributing Fatal Heroin to Saratoga Springs WomanRead the Press Release
ALBANY, NEW YORK – Matthew P. Charo, 36, of Saratoga, New York, pled guilty yesterday to distributing a controlled substance, 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).
Sentencing is scheduled for December 7, 2017 at 9:30 am before Senior United States District Judge Frederick J. Scullin, Jr. According to the terms of the plea agreement, the parties have proposed that Charo should receive a sentence of 10 years imprisonment. He also faces a term of supervised release of between three years and life, a fine of up to $1,000,000, and a special assessment of $100.
As part of his guilty plea today, Charo admitted that on October 2, 2014, he sold heroin to a 30-year-old woman who was his high school acquaintance. Before the sale, the victim told Charo that she had attempted all day to buy heroin without success. Charo agreed to help the victim purchase heroin, and used the victim’s food stamp EBT card to obtain the drug from another individual. Thereafter, Charo distributed it to the victim, who ingested the heroin and died due to acute heroin intoxication.
"The heroin the defendant distributed ended the life of a 30 year old woman he knew from high school. Thanks to a tireless investigation by the FBI, the New York State Police, and the Saratoga Springs Police Department, the defendant will be held accountable for his crime, but that cannot undo the devastating consequences. We will continue to bring federal charges against those who peddle this poison, to pursue just punishments and prevent future tragedies,” said Acting United States Attorney Jaquith.
FBI Special Agent in Charge of the Albany Field Office Vadim D. Thomas stated, “The success of this investigation is the direct result of our federal, state and local partnerships. While we cannot restore the victim to her family, we can continue in our commitment to eliminating the significant threat drugs pose to our community.”
New York State Police Superintendent George P. Beach, II stated, “I commend the dedicated teamwork of all of our law enforcement partners at the federal, state, and local levels for their efforts in bringing this individual to justice. Our members see the deadly effects of heroin on a daily basis. Heroin and other highly addictive drugs not only put lives at risk, but they destroy our communities. We will continue to be vigilant in working together with our law enforcement partners to keep these harmful narcotics off our streets and our neighborhoods safe.”
Saratoga Springs Police Department Chief Gregory Veitch stated, “Saratoga Springs, like all communities, is not immune from the tragic consequences of the opioid epidemic that law enforcement and other first responders deal with on a daily basis. While we continue to keep the victim and her family in our thoughts and prayers, we appreciate the assistance of the New York State Police, FBI and U.S. Attorney’s Office in bringing Matthew Charo to justice for his actions.”
The case was investigated by the FBI, Albany Field Office, the New York State Police, and the Saratoga Police Department, and was prosecuted by Assistant U.S. Attorney Daniel Hanlon.
Academy Medical, LLC and its Owners to Pay $335,000 to Resolve False Claims Act LiabilityRead the Press Release
ALBANY, NEW YORK – West Palm Beach, Florida-based government contractor Academy Medical, LLC (Academy) and its owners, Edward D. Desser and Daniel M. Shaw, have agreed to pay $335,000 to resolve allegations that they took advantage of federal contracting opportunities reserved for certified service-disabled veteran-owned small businesses (SDVOSBs), announced Acting United States Attorney Grant C. Jaquith. During the time at issue, Academy was not a SDVOSB.
“We will continue to hold accountable individuals and entities who defraud federal programs and take opportunities away from our nation’s service-disabled veterans,” said Acting United States Attorney Jaquith. “Settlements like this one help to ensure the integrity of programs designed to help our wounded warriors succeed in starting and growing small businesses.”
The United States has long used government contracting to promote small businesses in general, and specifically small businesses owned by veterans who have service-connected disabilities. Congress has established a targeted procurement program for the U.S. Department of Veterans Affairs (VA), which requires the VA to set annual goals for contracting with SDVOSBs. To be eligible for these contracts, an applicant must qualify as a small business. In addition to being a small business, a service-disabled veteran must own and control the business and handle its strategic decisions and day-to-day management.
The settlement resolves allegations that Academy exploited the SDVOSB certification of a service-disabled veteran to profit from VA contracting opportunities that Academy would not have qualified for on its own. To do this, Academy prepared teaming and other business agreements for the parties to sign. Before Academy signed the documents, however, it was specifically warned that the veteran must have tangible and substantive tasks to perform in their relationship and must not act as a “pass-through” for Academy. Rather than heed that warning, Academy structured its dealings with the veteran so as to relegate the veteran to the role of a pass through. For example, an Academy employee prepared and submitted a bid to the VA in the name of the veteran’s company. After the VA awarded that contract to the veteran as a SDVOSB set-aside, Academy arranged to procure the goods for the VA from a third party. When the VA paid the veteran under the contract, an Academy employee (who was also a signatory on the veteran’s bank account) transferred that money to Academy. Academy, Desser, and Shaw each admitted in the settlement agreement that their conduct violated federal regulations designed to encourage contract awards to SDVOSBs.
“There are significant consequences to those who wrongfully obtain benefits from the Small Business Administration’s (SBA) preferential contracting programs,” said Acting Inspector General Hannibal “Mike” Ware. “It is particularly troubling when opportunities set aside for our nation’s service disabled veterans are involved. I want to thank the Department of Justice for its leadership and dedication to serving justice in this case.”
SBA General Counsel Christopher M. Pilkerton said: “This case is yet another example of the tremendous results achieved through the joint efforts of the SBA and the Department of Justice to uncover and forcefully respond to civil fraud committed by a participant in a Federal Government contracting program such as the Service-Disabled Veteran-Owned Small Business Concern Program. Identifying and aggressively pursuing instances of civil fraud by participants in these procurement programs is one of SBA’s top priorities.”
“This civil settlement should send a clear message to individuals who exploit opportunities meant to support our nation’s veterans,” said Michael J. Missal, Inspector General for the Department of Veterans Affairs (VA-OIG). “VA-OIG and its law enforcement partners will vigorously investigate and expose procurement fraud in order to safeguard the American taxpayer and deserving veteran business owners with disabilities who should properly be receiving these contracts.”
The government’s investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act, which allows private persons, known as “relators,” to file civil actions on behalf of the United States and share in any recovery. The relator in this case will receive $67,000 of the settlement proceeds. The case is docketed with the U.S. District Court for the Northern District of New York under number 14-cv-17.
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the SBA-OIG, and the VA-OIG. The United States was represented by Assistant U.S. Attorney Adam J. Katz.
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Twelve Charged in Takedown of Capital Region Drug Trafficking RingRead the Press Release
ALBANY, NEW YORK – Twelve people have been charged for their involvement in a drug trafficking ring that operated in Schenectady and Albany.
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).
The charges are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The following defendants are charged in a cocaine and crack cocaine distribution conspiracy:
Name
Age
Residence
Minimum and Maximum Penalties
Darren Clay Robinson, aka “Mountain”
53
Schenectady and Teaneck,
New Jersey10 years (min.); life (max.)
Jose Gilberto Harris
57
Manhattan
5 years (min.); 40 years (max.)
Lashaunda Tarver
38
Schenectady
5 years (min.); 40 years (max.)
Yusef Boothman, aka “Rocket”
38
Schenectady
5 years (min.); 40 years (max.)
Bobby R. Graham
50
Albany
20 years (max.)
Shenika D. Boyd, aka “Misses”
37
Albany
30 years (max.)
Marty Humphrey
65
Schenectady
30 years (max.)
Jalessa Scott
26
Schenectady
20 years (max.)
Willie C. Hayes, aka “Man”
45
Schenectady
20 years (max.)
Kimberly Petties, aka “Shorty”
48
Schenectady
30 years (max.)
Manuel Clemente
61
Manhattan
20 years (max.)
Additionally, Robinson and Corey White, Jr., aka “Stacks,” age 34, of Schenectady, are charged by separate indictment with conspiring to distribute heroin, and possession of heroin, for which each faces up to 30 years in prison if convicted.
A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Syracuse Woman Sentenced for Sexually Exploiting 10-Year-Old ChildRead the Press Release
SYRACUSE, NEW YORK - Kerry Smith, 42, of Syracuse was sentenced today following her earlier plea of guilty to sexual exploitation of a child, announced Acting United States Attorney Grant C. Jaquith and FBI Special Agent in Charge Vadim Thomas.
Chief U.S. District Judge Glenn T. Suddaby sentenced Smith to serve 180 months (15 years) in federal prison, to be followed by 10 years of supervised release. Smith will also be required to register as a sex offender.
In her earlier guilty plea, Smith admitted that in 2014 she engaged in sexually explicit conduct with a 10-year-old child, produced images of the abuse, and distributed the images to an individual known to her by using a texting application on her cellular telephone. Smith was arrested for this activity in April of 2016 when the images were recovered from a computer belonging to that individual, Jason Kopp, who told police he had received them from a woman he knew as “Kerry.” Kopp is currently serving a 235-year sentence for the exploitation of other children.
Smith’s 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 Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
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.
Endicott Man Pleads Guilty to Sexually Exploiting Two Children and Possessing and Receiving Child PornographyRead the Press Release
BINGHAMTON, NEW YORK – Richard M. Squires, 58, of Endicott, New York, pled guilty today to Exploitation of a Child, Receiving Child Pornography, and Possession of Child Pornography in Federal Court in Binghamton, New York, announced Acting United States Attorney Grant C. Jaquith and FBI Special Agent in Charge of the Albany Field Office Vadim D. Thomas.
As part of his guilty plea, Richard M. Squires admitted that in 2013 he made images of his sexual exploitation of two minor females and in 2014 received and possessed images depicting child pornography at his home in Endicott, New York. At sentencing on December 19, 2017, Richard M. Squires faces a minimum sentence of 15 years and up to 30 years imprisonment for each count of child exploitation, a minimum sentence of five years and up to 20 years imprisonment for receiving child pornography, and up to 20 years imprisonment for possession of child pornography. Additionally, he faces a term of between five years and life of supervised release following his release from incarceration. He will also be ordered to register as a sex offender.
In April of 2017, law enforcement officials became aware of these offenses when one of the victims disclosed her sexual abuse by the defendant to a school official. Squires was interviewed by members of the Endicott Police Department and he confessed to making, possessing and receiving child pornography. Endicott Police and FBI Agents obtained search warrants for the defendant’s residence and electronic media located there and gathered evidence supporting his guilt.
This case was investigated by the Endicott Police Department and the FBI, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Colombian Man Admits Transporting Illegal AliensRead the Press Release
ALBANY, NEW YORK – Brayan Granados-Betancourt, age 24, and a citizen of Colombia, was sentenced on August 4 to time served (29 days in jail) for transporting two Mexican citizens who had illegally entered the United States from Canada.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Granados-Betancourt admitted that on July 7, 2017, he drove a rental car to the Akwesasne reservation in Hogansburg, New York, where he picked up the two Mexican citizens and drove them to Ellenburg, New York. Acting on a civilian tip, Border Patrol stopped the car and arrested the three men.
The Mexican citizens, who crossed from Canada into the United States by boat, were Granados-Betancourt’s acquaintances and he agreed to bring them to New York City. The Mexican citizens, Marcelo Chavez-Vera and Carlos Olivar-Varon, were each convicted on July 20 of illegal entry, a misdemeanor.
Granados-Betancourt was in the United States on a visitor’s visa. Following his sentencing, he was remanded to the custody of the Department of Homeland Security for removal proceedings.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Douglas Collyer.
Canandaigua Man Sentenced for Threatening Shooting at Albany VA Medical CenterRead the Press Release
ALBANY, NEW YORK - Robert J. Seifert, age 59, of Canandaigua, New York, was sentenced on August 3 to time served (about 12.5 months in jail), as well as 3 years of supervised release, for threatening to commit a mass shooting at the Stratton VA Medical Center in Albany.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Special Agent in Charge Donna L. Neves of the U.S. Department of Veterans Affairs (VA) Office of Inspector General, Northeast Field Office.
On March 31, 2017, Seifert pled guilty to a charge of making an interstate threat to injure another. He admitted that on June 15, 2016, he made a phone call to a Veterans Crisis Line operator in Portland, Oregon, in which he stated “I got an Uzi and I wanna kill everybody at the Albany VA,” “Watch what happens when I get to the Albany VA with my Uzi and I start shooting people up,” and “I’m going to [expletive] kill everybody there.”
This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and prosecuted by Assistant U.S. Attorney Michael Barnett.
Essex County Man Sentenced to 212 Months in Prison for Possessing Child PornographyRead the Press Release
PLATTSBURGH, NEW YORK – Kirkland Smith, 55, of Witherbee, New York, was sentenced yesterday to serve 212 months in prison for possessing child pornography, announced Acting United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II; and James C. Spero, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.
As part of his guilty plea, Smith admitted to possessing hundreds of videos and images of child pornography on a memory card seized from his car and on five hard drives seized from his home. Smith was discovered passed out at the wheel of his car on Rt. 73 in Keene, New York by a New York State Trooper on October 30, 2014, and arrested for driving while intoxicated. Seized from Smith’s vehicle was a memory card containing child pornography inserted in an electronic tablet device. A court-authorized search warrant of the defendant’s residence resulted in the seizure of additional media containing child pornography. Smith, who was previously convicted of second-degree child molestation in Rhode Island, admitted that the child pornography involved prepubescent minors and minors under the age of 12.
At sentencing, Senior United States District Judge Norman A. Mordue determined that the defendant had engaged in a pattern of activity involving the sexual abuse or exploitation of minors by sexually abusing two children under the age of 12. Judge Mordue also imposed a lifetime term of supervised release and ordered the defendant to pay $4,000 in restitution.
“Thanks to the vigilance of a New York State Trooper, Kirkland Smith will spend the next 17 years in prison. We will continue to work with our federal, state, and local law enforcement partners to hold those who view child pornography accountable and make sure our communities are safe for our children," said Acting United States Attorney Grant C. Jaquith.
"I want to commend the outstanding work of our state police members and our federal partners in bringing this case to a successful conclusion. Thanks to this collaboration, we have taken a dangerous individual off the streets. We will not tolerate this type of illegal behavior," said State Police Superintendent George P. Beach II.
“As a convicted sex offender, this defendant has demonstrated a depraved predilection for child exploitation,” said Russell Linstad, Resident Agent in Charge of the Massena, New York office of Homeland Security Investigations. “This prison term will ensure he no longer has access to children or to child exploitative materials.”
This case was investigated by the New York State Police and Homeland Securities Investigations, and was prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.