Northern District of New York

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.

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.

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.

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.

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/.

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, 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.

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/.

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.

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, 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.

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.

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.

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.
 

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. 

 

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.

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.

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, 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.

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.

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.

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.

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.

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.

 

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.

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.

 

###

 

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 Jersey

10 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, 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.

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

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.

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.

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.

ALBANY, NEW YORK – Jamie Paredes Lojano, 29, of Ecuador (currently living in Colonie, New York), was sentenced today to time served (57 days in jail), followed by a one year period of supervised release, for illegally re-entering the United States.

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

As part of his guilty plea, Paredes Lojano admitted that he is an alien, a citizen of Ecuador, and that he illegally returned to the United States after he was previously removed to Ecuador on July 21, 2010.

On June 8, 2017, Paredes Lojano was stopped and arrested by Border Patrol Agents on Interstate 87 near North Hudson, in Essex County New York.

Following the sentencing, Paredes Lojano was remanded to the custody of the Department of Homeland Security, which will place him into removal/deportation proceedings.

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

NEW YORK – Keeshawn Nesbitt, a/k/a Keesshawn A. Nesbitt, a/k/a Big Homie, age 37, of Schenectady, New York, was sentenced today to 67 months in prison for unlawfully possessing three firearms and ammunition.

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.

The sentence arose out of three separate incidents in which Nesbitt, who was legally prohibited from possessing firearms because of prior felony convictions, unlawfully possessed and sold firearms in Schenectady and unlawfully possessed ammunition in the Bronx. Specifically, on May 2, 2014, Nesbitt unlawfully possessed and sold two firearms, a Springfield Armory, Model XD, .40-caliber pistol and a Raven Arms Model MP25, .25-caliber pistol, and on May 14, 2014, Nesbitt unlawfully possessed and sold a Norinco Model 54-1, .762-caliber pistol in Schenectady. On March 8, 2015, Nesbitt unlawfully possessed seven 9-millimeter ammunition cartridges in the Bronx.

Nesbitt pled guilty to the Bronx conduct on July 7, 2016 and to the Schenectady conduct on March 15, 2017. The Bronx case was brought by the United States Attorney’s Office for the Southern District of New York, and was transferred to the Northern District of New York to be resolved with the Schenectady case.

Senior United States District Judge Lawrence E. Kahn also imposed a 3-year term of supervised release, which will start after Nesbitt is released from prison.

The case was investigated by the Federal Bureau of Investigation, the Schenectady Police Department, the Schenectady County District Attorney’s Office, and the New York City Police Department, and was prosecuted by Assistant United States Attorney Sean O’Dowd in the Northern District of New York and Assistant United States Attorney David Zhou in the Southern District of New York.

ALBANY, NEW YORK – Jared R. Hudson, 39, formerly of Plattsburgh, New York, pled guilty today to conspiracy to commit wire fraud, wire fraud, access device fraud, and aggravated identity theft.

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

As part of his plea, Hudson admitted that from October 2009 until December 13, 2014, he devised a scheme to defraud banks, merchants, and individual consumers by obtaining stolen credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information that was used to purchase goods electronically and to fraudulently transfer and attempt to transfer funds electronically.

Initially, the defendant used stolen credit card numbers belonging to others to order merchandise online and had the merchandise shipped to him. Hudson used the stolen personal identification information to sign up for credit cards in other people’s names, which the defendant had sent to him for use in purchasing merchandise online. The scheme to defraud evolved into opening investment accounts in the defendant’s name which were funded with money taken from the victims’ bank accounts using stolen account numbers, routing numbers, identification, and banking security information. As part of his guilty plea, Hudson admitted at least $510,544.49 in actual and intended losses from his victims.

Hudson has been detained in custody since his arrest on June 24, 2016. Upon sentencing on November 29, 2017, he faces at least 2 years and up to 20 years in prison. The court may also impose a fine of up to $250,000 on each count of conviction. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.

This case is being investigated by the Federal Bureau of Investigation (FBI) and the Plattsburgh Police Department, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Carla Cristina De Paula, 39, of Brazil, pled guilty today to illegal re-entry into 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.

Paula, an alien citizen of both Brazil and Italy, was removed from the United States to Brazil on July 28, 2008, following a 2008 New Jersey felony conviction. On June 25, 2017, De Paula was arrested as she attempted to enter the United States from Canada as a passenger on a commercial bus, at the Champlain Port of Entry. De Paula admitted that she attempted to re-enter the United States without permission following the 2008 removal.

As a result of her conviction, De Paula faces up to 10 years in prison and a fine of up to $250,000 when she is sentenced by Senior U.S. District Judge Norman A. Mordue on November 1, 2017. 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 United States Customs and Border Protection, Champlain, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

 

ALBANY, NEW YORK – On July 27, 2017, a federal grand jury returned a one-count indictment charging Duane E. Griffin, 35, of Scotia, New York with arson, announced Acting United States Attorney Grant C. Jaquith, and Ashan M. Benedict, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) New York Field Division.

The indictment alleges that on March 17, 2012, Griffin set fire to the building at 605 Union Street, Schenectady, New York.

The charge filed against Griffin carries a maximum sentence of 20 years in prison and a mandatory minimum sentence of five years in prison, a fine of up to $250,000, 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.

Griffin was arraigned on July 31, 2017 in Albany, New York, before United States Magistrate Judge Daniel J. Stewart, and released pending a trial scheduled for October 2, 2017 before Senior United States District Court Judge Gary L. Sharpe.

The charge in the indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by the ATF and the Schenectady Fire Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Keith Seppi, 59, of Conneaut, Ohio, was sentenced today in United States District Court to serve thirty-five (35) years in prison, following his guilty plea to using a destructive device in relation to a crime of violence, and possessing a destructive device in furtherance of a crime of violence, announced Acting United States Attorney Grant C. Jaquith and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Ashan M. Benedict.  In imposing sentence, the Hon. Brenda K. Sannes also ordered the defendant to serve a term of five (5) years of supervised release following his term of incarceration.

 

As part of his guilty plea, Seppi admitted that he built a bomb at his Ohio home that was to be activated by motion and disguised to look like a standard parcel package. Seppi transported the bomb from Ohio to Floyd, New York, where he put it in the victim’s (Alan Dobransky) driveway near midnight on May 28, 2016, intending that it would explode when it was moved.  The next morning, the victim attempted to pick up the bomb causing it to detonate, resulting in his sustaining severe injuries and burns. Alan Dobransky survived the explosion but was hospitalized for several weeks.

 

As part of his plea agreement, the defendant also admitted that in May of 2016 he learned that the bomb victim (Alan Dobransky) had accused Seppi’s sister-in-law of stealing money from Dobransky’s mother and had threatened to report the alleged thefts to law enforcement authorities in Ohio.  Alan Dobransky’s mother had been living with and cared for by Seppi’s sister-in-law in her Conneaut, Ohio residence.  Shortly after learning of the theft accusations against his sister-in-law, and the threat to report the alleged thefts to local law enforcement authorities in Ohio, Seppi constructed the bomb and later planted it in Alan Dobransky’s driveway in New York. 

 

“Keith Seppi’s cold, calculating, and cowardly crime earned a sentence that will put him in prison for the next thirty-five years.  The coordination and dedication of federal, state, and local law enforcement agencies from New York to Ohio pinpointed the perpetrator of this abominable attack and his accomplices and resulted in their convictions in county and federal court.  We wish the victim strength and improvement in his recovery, and hope this measure of justice affords some solace,” said Acting U.S. Attorney Grant C. Jaquith.  

 

Special Agent in Charge Ashan M. Benedict said, “Today’s sentence is effectively a life sentence for Keith Seppi.  It is an appropriate punishment for his brazen, cowardly, and violent attack on Mr. Dobransky.  Though Seppi was able to strike at his intended target, he ignored the extreme danger in the device’s transportation, and the indiscriminate nature of the explosive device once it was left in Mr. Dobranky’s driveway.  The package bomb could have easily been picked up by an unintended victim, or others could have been near the device when it initiated.  These possibilities were entirely outside the control of Seppi once the device was planted.  The plot to silence Mr. Dobrasnky failed, but the disguised bomb left Mr. Dobransky with serious injuries requiring weeks of hospitalization.  We continue to wish Mr. Dobransky a full recovery, and would like to extend our gratitude to the criminal investigators and prosecutors for their superb efforts in speedily bringing Seppi to justice.”

 

Oneida County District Attorney Scott McNamara said, “I would first like to recognize the victim, Alan Dobransky, as we all continue to wish him a full and speedy recovery from the injuries sustained as a result of this bombing.

 

I would like to thank all of the members of local, state and federal law enforcement who spent countless hours to identify the perpetrators of this heinous attack and bring them to justice.  In particular I would like to thank the Oneida County Sheriff's Office, New York State Police, New York State Department of Corrections and Community Supervision, Office of Special Investigations, City of Utica Police Department, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Ashtabula Sheriff and Prosecutor (OH), Conneaut Police (OH).

 

I would also like to thank former U.S. Attorney Rick Hartunian, Acting U.S. Attorney Grant Jaquith, and the U.S. Attorney’s Office, particularly Assistant U.S. Attorneys Steve Green and Nico Commandeur for taking the lead on the investigation of federal charges against Keith Seppi and sending the strong and clear message that persons involved in the production and deployment of improvised explosive devices will be prosecuted to the fullest extent of our laws.

 

I would also like to recognize First Assistant District Attorney Dawn Lupi and Bureau Chief Assistant District Attorney, and Special Assistant U.S. Attorney, Grant Garramone for all of the hard work that went into securing convictions for Keith Seppi, Cindy Shields and Donna Seppi in Oneida County Court for violations of New York State law. The success of this investigation is the direct result of the cooperation that occurred between all of the law enforcement agencies involved.”

 

Oneida County Sheriff Robert Maciol said, “Although the incident was extremely concerning on many levels, all those involved in the response and investigation, leading to the apprehension of the suspect, worked together flawlessly. This case truly displayed the effectiveness of collaboration between law-enforcement agencies at its best. The members of law-enforcement directly involved in this incident should be given all the credit for the precision and the expedience that brought closure to this matter. We are thankful the victim of this attack is recovering and that he will receive justice through the works of everyone involved.”

 

New York State Police Superintendent George P. Beach II said, “This case should send a strong message that we will not tolerate these kinds of pre-meditated, violent acts, and they will be prosecuted to the full extent of the law. This defendant admitted to carrying out the plot that left a state correction officer with serious injuries. I am proud of the outstanding work done by our members and law enforcement partners in bringing this case to justice.”

 

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Oneida County Sheriff’s Office and the New York State Police and was prosecuted by Assistant U.S. Attorneys Stephen C. Green and Nicolas Commandeur.

BINGHAMTON, NEW YORK – Melissa Elliott of Binghamton, a 27 year old former U.S. Postal Employee, was convicted on Friday by a federal jury in Binghamton, New York of 14 counts relating to Bank Fraud, Aggravated Identity Theft, and Theft and Destruction of Mail. The announcement was made by Acting United States Attorney Grant C. Jaquith and Special Agent-in-Charge Eileen Neff, Northeast Area Field Office, U.S. Postal Service Office of Inspector General.

The jury convicted Elliott of Bank Fraud and Aggravated Identity Theft, finding that between July 2014 and April 2015 she opened several bank credit card accounts, and obtained credit cards from financial institutions, by stealing and using the identity, including the social security number and date of birth, of a woman Elliott knew. Elliott then used the cards to fraudulently make purchases and pay personal debts amounting to over $57,000.

The jury also found Elliott guilty of Theft of Mail and Destruction of Mail for destroying and stealing mail while she worked as a postal clerk at the Cortland postal facility in December 2015 and January of 2016. Elliott destroyed some of the mail entrusted to her, and stole the contents of some of that mail, including gift cards and cash.

Elliott will be sentenced by Hon. Thomas J. McAvoy on November 20, 2017. She faces a maximum sentence of 30 years imprisonment and a $1,000,000 fine for Bank Fraud, with a mandatory 2-year consecutive imprisonment term for Aggravated Identity Theft, and a maximum term of 5 years imprisonment for the Theft and Destruction of U.S. Mail. 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 U.S. Postal Service Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

 

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

Marcelo Chavez-Vera, a citizen of Mexico, was sentenced on July 20, 2017 to time served (14 days in jail) following his guilty plea to illegally entering the United States. Chavez-Vera admitted that on July 7, 2017, he entered the United States by boat from Canada on the Akwesasne reservation, where he was then picked up by an acquaintance driving a vehicle. Acting on a civilian tip, Border Patrol stopped the vehicle and arrested him.

Carlos Olivar-Varon, a citizen of Mexico, was sentenced on July 20, 2017 to 20 days in jail following his guilty plea to illegally entering the United States. Olivar-Varon admitted that on July 7, 2017, he entered the United States by boat from Canada on the Akwesasne reservation, where he was then picked up by an acquaintance driving a vehicle. Acting on a civilian tip, Border Patrol stopped the vehicle and arrested him.

ALBANY, NEW YORK – Santiago Cayetano-Diaz, age 22, and a citizen of Mexico, was sentenced today to time served (60 days in jail) for immigration fraud.

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Cayetano-Diaz admitted that he possessed a counterfeit alien registration receipt card (commonly known as a green card) in Saratoga Springs, New York, on May 30, 2017, when he was arrested by ICE-ERO officers. Cayetano-Diaz also admitted that he is a citizen of Mexico, and that he was in the United States unlawfully.

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

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

ALBANY, NEW YORK – Miguel Angel Mauricio-Ramirez, age 35, and a citizen of Guatemala, was sentenced today to time served (24 days in jail) for illegally re-entering the United States.

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Mauricio-Ramirez admitted that he is a citizen of Guatemala, and that he illegally returned to the United States after he was removed to Guatemala, under the name Esvin Cano, on January 8, 2007.

On July 3, 2017, Mauricio-Ramirez was arrested by ICE officers in Kinderhook, New York.

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

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

ALBANY, NEW YORK – Amado Colon, age 21, of Albany, New York, pled guilty today 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, Colon admitted that in June 2014, he posted child pornography images to an image-sharing web site based in Russia, allowing visitors to the site to view the images. He also received, from others, the username and password information for 8 Dropbox remote storage accounts, each of which contained hundreds of images of child pornography. Colon then took exclusive control over these accounts, and the child pornography in them, by changing the accounts’ usernames and passwords. Colon also admitted to possessing child pornography files on several electronic devices found in his house.

Colon, who was ordered to jail upon his plea of guilty, faces at least 5 years and up to 20 years in prison, to be followed by supervised release of at least 5 years and up to life, and a maximum $250,000 fine, when he is sentenced on November 20, 2017 by Senior United States District Judge Gary L. Sharpe. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.

This case was investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant United States Attorney Michael Barnett.

ALBANY, NEW YORK – Edwin Ferrer, age 44, of Schenectady, New York, was sentenced today to 63 months in prison for unlawfully possessing a handgun, ammunition, and crack 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.

On March 29, 2017, following a three-day trial, a jury voted to convict Ferrer of unlawfully possessing a firearm and ammunition, as well as a small quantity of crack cocaine.  The evidence presented at trial showed that on December 18, 2015, Ferrer was driving his Cadillac SUV in Schenectady when he accidentally shot himself in the leg with his Smith & Wesson pistol.  Investigators searched his SUV and recovered the pistol, six rounds of ammunition, and approximately a quarter of a gram of crack cocaine. As a felon, Ferrer was prohibited from possessing the pistol and ammunition.  

United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, which will start after Ferrer is released from prison.   

This case was investigated by the ATF and the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Rick Belliss.
 

ALBANY, NEW YORK - Peter Farnum, age 41, of Ballston Lake, New York, appeared today in federal court on charges that he received and possessed 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).

The complaint filed against Farnum alleges that between October 2015 and April 2016, he used a home computer to download and store thousands of files containing child pornography.

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

If convicted of all charges, Farnum faces at least 5 years and up to 20 years in prison, to be followed by supervised release of at least 5 years and up to life, and a maximum $250,000 fine. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.

This case is being investigated by the FBI and its Child Exploitation Task Force, with the assistance of the Saratoga County Sheriff’s Office, and is being prosecuted by Assistant United States Attorney Joseph A. Giovannetti.

SYRACUSE, NEW YORK – A jury voted today to convict Andrew Raymond and Brian Requena, both of Los Angeles, on drug trafficking and money laundering charges related to their operation of a nationwide synthetic drug trafficking ring.

The announcement was made by Acting United States Attorney Grant C. Jaquith; Special Agent in Charge James R. Hunt, Drug Enforcement Administration (DEA), New York Division; and Special Agent in Charge James D. Robnett, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

Acting United States Attorney Grant Jaquith stated: “Synthetic drugs are a scourge on our community and communities across the country. They masquerade as innocuous substances like potpourri and incense, but are in fact toxic and send many users to the hospital or to a worse fate. The defendants, operating from Los Angeles, made millions by spreading this poison nationwide in commercial packaging bearing brand names like Twilite, Black Diamond, Platinum XXX, Get Real, and No Mames. Now they face the prospect of years in prison, as well as forfeiture of their ill-gotten gains. Their convictions today demonstrate that we will investigate and prosecute synthetic drug traffickers to the fullest extent of the law, working with our dedicated law enforcement partners.”

DEA Special Agent in Charge James R. Hunt stated: “These defendants manufactured synthetic cannabinoids and then distributed them nationwide, including in the upstate New York area. Due to diligent police work, these individuals were found guilty today and can no longer distribute these drugs, which have terrible public health impacts.”

IRS-CI Special Agent in Charge James D. Robnett stated: “CI is committed to using its expertise in investigating money laundering and other financial crimes to take down major drug traffickers such as these defendants.”

Raymond and Requena were convicted, following an 11-day trial, of conspiring to distribute synthetic drugs and launder money. The trial evidence demonstrated that they conspired to manufacture and distribute synthetic cannabinoids (also known as “Spice,” “Spike,” “K2,” or “synthetic marijuana”) throughout the country, including to multiple “head shops” in the Northern District of New York. At the height of their drug trafficking conspiracy, they were each making approximately $100,000 per week, and they had a large team of employees who manufactured, shipped and sold their products. Three other members of this conspiracy previously pled guilty to similar charges.

Documents found at the defendants’ warehouses in Los Angeles and on their computers showed that they understood their synthetic substances were controlled by federal drug laws. Additionally, the defendants went to great lengths to evade detection by law enforcement, including by setting up shell companies, using P.O. boxes to divert attention from the warehouse where they manufactured their product, and putting their company (Real Feel Products, Inc.) and all of its bank accounts in Requena’s name after DEA and other law enforcement agencies executed a search warrant on the defendants’ warehouse in February 2014.

The trial evidence also demonstrated that the defendants conspired to commit money laundering by wiring millions of dollars to China to purchase the powder form of the synthetic cannabinoid that they used in their finished product.

Raymond and Requena, who were ordered to jail following the jury verdict, will be sentenced by Senior United States District Judge Norman A. Mordue on December 1, 2017. They each face up to 20 years in prison on each count of conviction, a fine of up to $5 million, and forfeiture money judgements in excess of $10 million in addition to any 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 was investigated by DEA, IRS-CI, Homeland Security Investigations (HSI), and U.S. Immigration and Customs Enforcement (ICE), and was prosecuted by Assistant U.S. Attorneys Carla Freedman and Michael F. Perry.

ALBANY, NEW YORK – Robert F. Stout, age 51, and Kasey N. Riley (a/k/a Kasey Stout), age 33, of Windermere, Florida, were charged today with conspiracy to commit wire fraud relating to the sale of illegal activation keys for Microsoft products.

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.

According to a criminal information, Stout and Riley advertised Microsoft software products for sale online, using a variety of sham business names. Stout and Riley purchased unauthorized activation keys from various websites – including wholesaledwindows8key.com, buy2010key.net, cheapkeyoffer.com, godkey.net, and Alibaba – and provided those unauthorized activation keys, in exchange for PayPal payments, to customers throughout the United States. Stout and Riley received at least $1,480,227 from customers in exchange for providing them with the unauthorized, and often invalid, activation keys.

Stout and Riley each face up to 20 years in prison, up to 3 years of post-imprisonment supervised release, and a fine of up to $250,000 or twice the gain or loss caused by the offense. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the Albany Field Office of the FBI and the Orlando Field Office of Homeland Security Investigations (HSI), part of Immigration and Customs Enforcement (ICE). It was prosecuted by Assistant U.S. Attorney Wayne A. Myers and Middle District of Florida Special Assistant U.S. Attorney Christina R. Downes, on assignment from the Office of the Principal Legal Advisor, ICE.

ALBANY, NEW YORK – Paul A. Light, age 47, of Cohoes, New York, was sentenced today to 151 months in prison for distributing, receiving, and possessing child pornography.

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

As part of his March 27, 2017 guilty plea, Light admitted that between March, 2015 and October, 2015 he used the Internet and a peer-to-peer file sharing program to receive and distribute multiple child pornography files. Light further admitted that he used various electronic storage devices to possess hundreds of child pornography video files and thousands of child pornography still image files.

Senior United States District Judge Gary L. Sharpe also imposed a 10-year term of supervised release, which will start after Light is released from prison. Judge Sharpe also ordered Light to pay a total of $142,500 in restitution to 15 victims whose images Light possessed. As a result of his conviction, Light will be required to register as a sex offender after leaving prison.

This case was investigated by Homeland Security Investigations (HSI) and was prosecuted by Assistant U.S. Attorney Rick Bellis.

BINGHAMTON, NEW YORK – Arnold Bruce Carroll, 75, of Maryland, New York, was sentenced yesterday in federal court following his earlier plea of guilty to Possession of Stolen Firearms and Sale of a Stolen Firearm, announced Acting United States Attorney Grant C. Jaquith.

Senior United States District Judge Thomas McAvoy sentenced Carroll to five years probation as well as imposing a fine in the amount of $10,000 and ordered him to perform 150 hours of community service. Carroll surrendered the stolen firearms to the FBI in the early stages of the investigation.

As part of his guilty plea on February 3, 2017, Carroll admitted that between 1995 and 2007 he was employed as Undersheriff at the Otsego County Sheriff’s Office, where he was also the sole evidence custodian for the agency and was directly responsible for the maintenance and disposal of all evidence recovered by the agency, including firearms. On numerous occasions between 1995 and 2007, Undersheriff Carroll stole 73 firearms from the evidence locker and falsely recorded on Sheriff’s Office records that the firearms had been destroyed pursuant to departmental policy. Instead, without the knowledge, approval, or authorization of anyone at the Sheriff’s Office, Carroll took the firearms to his house, where he possessed them. Further, on a number of occasions, all of which took place after the defendant retired from the Otsego County Sheriff’s Department, Carroll sold some of the stolen firearms to a gun store. On September 28, 2012, Carroll sold a stolen Smith and Wesson .44 magnum revolver to a third party (as charged in Count 2 of the information).

This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency, the Otsego County Sheriff’s Office, and prosecuted by Assistant United States Attorneys Carl Eurenius and Carina Schoenberger.

ALBANY, NEW YORK – Scott Valente, age 60, of East Greenbush, New York, was sentenced today to 20 years in prison for running a large investment fraud scheme. Valente was also ordered to pay $8,616,113.39 in restitution to his victims.

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

Senior United States District Judge Gary L. Sharpe also imposed a 3-year term of supervised release, to begin after Valente’s release from prison.

Valente was originally sentenced, on November 20, 2015, to 20 years in prison after pleading guilty to charges of securities fraud, mail fraud, and obstructing and impeding the internal revenue laws. In April 2017, the United States Court of Appeals for the Second Circuit vacated the sentence and remanded the case for resentencing. Valente has been in custody since his original sentencing date.

Valente, working out of Albany, Schenectady and Warwick, New York, operated an investment fraud scheme that began in December 2010 and ended on June 16, 2014.

Through his investment company The ELIV Group, LLC, Valente received more than $10.6 million from more than 100 individual investors, many of them residing in Upstate New York. He told them that he had achieved annual investment returns of 36.38%, 48.27%, 44.56% and 45.11% for the years 2010 through 2013, respectively. In fact, Valente lost money in each of those years.

Valente also took about $2.2 million in unauthorized management fees, which he used to enrich himself through cash withdrawals totaling $230,000, personal credit card payments totaling $443,000, and the purchases of real estate (including a $117,000 condominium in Vermont), $424,000 in home improvements, $35,000 worth of jewelry, and $20,000 worth of liquor. In addition to taking $2.2 million, Valente made substantial investments in non-public companies, contrary to what he told investors he would do with their money.

Valente also falsely represented to more than 30 ELIV investors that he or his company were authorized to accept, hold and manage Individual Retirement Accounts (IRA), which get preferential treatment under U.S. tax law. In fact, neither Valente nor ELIV was authorized by the IRS to accept, establish or maintain IRA accounts. In an effort to obstruct and impede the IRS by preventing the IRS from learning of his unauthorized acceptance, holding and management of IRA accounts, Valente altered ELIV investment statements to make it appear as though ELIV had properly received certain investors’ IRA rollover investments, that ELIV was holding the investments as an IRA, and that there should be no taxable distributions to the ELIV investors.

ELIV ceased operations on June 16, 2014, when the U.S. Securities and Exchange Commission, in a separate civil proceeding, obtained a preliminary injunction enjoining ELIV’s operations and freezing its assets.

This case was investigated by Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Rick Belliss.