Northern District of New York

ALBANY, NEW YORK – David Daniel Hunter, age 53, of Enfield, Connecticut, was arraigned today on charges of robbery and transporting a stolen motor vehicle in interstate commerce.

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 the indictment and previously filed complaint, Hunter robbed a Dollar Tree store in the Town of North Greenbush, New York, on May 6, 2017. Hunter brandished what appeared to be a handgun, demanded money, and received about $1,200 from the store’s register and safe, according to the complaint. Also on May 6, Hunter transported a 2017 Dodge Charger that he knew had been stolen, according to the indictment.

The charges are merely accusations. The defendant is presumed innocent until proven guilty.

Hunter was arraigned today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending trial.

If convicted on all charges, Hunter would face up to 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statutes 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, the North Greenbush Police Department, and the Enfield (Connecticut) Police Department, and is being prosecuted by Assistant United States Attorney Sean O’Dowd.

SYRACUSE, NEW YORK – Floyd Wood, 49, of DeRuyter, New York, was sentenced in federal court today following his earlier plea of guilty to Attempted Coercion and Enticement, announced Acting United States Attorney Grant C. Jaquith.

United States District Judge David N. Hurd sentenced Wood to a term of 120 months in federal prison, to be followed by 15 years of supervised release. In addition, Wood will be required to register as a sex offender.

As part of his guilty plea, Wood admitted that in April, 2016 through text messaging with someone he believed was a female acquaintance, he arranged to meet with the acquaintance and her 12 year old daughter at a Syracuse hotel to engage in a sexual encounter with both the mother and child. Instead, Wood was corresponding with law enforcement officers, and was arrested at the Syracuse hotel where he was to meet the child and her mother. Prior to his arrival at this location, Wood was surveilled by law enforcement officers at an adult products store where he purchased items he intended to use in the encounter.

This case was investigated by the Mid-state Child Exploitation Task Force, which includes the Federal Bureau of Investigation (FBI), Syracuse Resident Agency, together with the New York State Police, and was prosecuted by Assistant United States Attorney Lisa Fletcher as a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Launched in May 2006 by the Department of Justice, and 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 www.projectsafechildhood.gov.

ALBANY, NEW YORK – Michael A. Connors, age 36, and a citizen of Ireland, was sentenced today to time served (24 days in jail) for attempted 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.

As part of his guilty plea, Connors admitted that he is a citizen of Ireland, and that he attempted to illegally return to the United States after he was removed to Ireland on June 15, 2011.

June 24, 2017, Connors was arrested as he attempted to enter the United States from Canada by car at the Champlain Port of Entry. Connors did not have permission to return to the United States following his prior removal.

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

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

PLATTSBURGH, NEW YORK – Mohammed Nurey Ibrahim, age 41, a Eritrean citizen and resident of Riyadh, Saudi Arabia, pled guilty today to 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.

Ibrahim admitted that he fraudulently obtained a United States non-immigrant tourist visa in September 2016 and on January 5, 2017, presented it to a Border Patrol Agent in Champlain as he attempted to illegally cross the border in order to claim asylum in Canada.

As a result of his conviction, Ibrahim faces up to 10 years in prison and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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 is being prosecuted by Assistant U.S. Attorney Elizabeth Horsman.

ALBANY, NEW YORK – Chukwudi Olisemeka, age 48, and a citizen of Nigeria, pled guilty today to illegal re-entry into the United States.

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

Olisemeka was removed from the United States to Nigeria on June 19, 2008, following a 2006 embezzlement conviction in California.

May 7, 2017, he was found by a Border Patrol Agent in Massena, New York, on a bus destined for New York City. A fingerprint check of Olisemeka resulted in the discovery of the prior removal. Olisemeka admitted that he returned to the United States without permission following the 2008 removal.

Olisemeka faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States Judge Frederick J. Scullin, Jr. on September 18, 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.

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

ALBANY, NEW YORK – Constantin Chiriac, age 41, and a citizen of Moldova, pled guilty today to transporting an alien who had illegally crossed into the United States from Canada.

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

Chiriac admitted that on May 23, 2017, while on the Akwesasne reservation near Hogansburg, New York, he picked up a Hungarian citizen who had just crossed the border illegally from Canada. Chiriac was driving the Hungarian citizen away from the border area when Border Patrol Agents stopped him. Chiriac admitted that he intended to transport the Hungarian citizen away from the border area and to Brooklyn, New York. At the time of his crime, Chiriac was in the United States on a visitor (tourist) visa.

Chiriac faces up to 5 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Frederick J. Scullin, Jr. on November 20, 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 Hungarian citizen, Zslot Mihaly, was convicted of entry without inspection, a misdemeanor, and sentenced to 36 days in jail. He was then 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 – Rufino Ramirez De Jesus, age 31, of Mexico, was sentenced today to time served (46 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, Ramirez De Jesus 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 February 22, 2014. Ramirez De Jesus had previously been removed to Mexico on October 22, 2012.

On May 30, 2017, Ramirez De Jesus was arrested by ICE officers in Saratoga Springs, New York.

Following the sentencing, Ramirez De Jesus 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.

PLATTSBURGH, NEW YORK – Ten people have been indicted for their involvement in a heroin distribution ring operating in the Plattsburgh area.

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

Two indictments charge the following people with conspiracy to distribute heroin:

• Kyle Touchstone, age 29, of Plattsburgh;
• Melissa Kusalonis, a.k.a. “Mel,” “Liss,” age 35, of Plattsburgh;
• Jimolo Coates, a.k.a. “Lo,” “Marlo,” “Brodie,” age 24, of Annapolis, Maryland;
• Tynaejah Thompson, a.k.a. “Naee,” age 19, of Annapolis, Maryland;
• Kiara Scott, age 28, of Annapolis, Maryland;
• Anthony DeFilippo, a.k.a “Flip,” age 35, of Schenectady, New York;
• Charles Adams, a.k.a. “Chuck, age 31, of Peru, New York;
• Travynn Ippolito, a.k.a “Trav,” age 29, of Plattsburgh;
• Luke Kiroy, age 32, of Saranac, New York; and
• Danielle Conners, age 31, of Plattsburgh.

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

According to the indictments and criminal complaints previously filed in the case, from June 2016 through May 2017, the defendants transported heroin from Annapolis, Maryland, and Schenectady, New York, and sold it in the Plattsburgh area. Kiroy, a New York State Corrections Officer, was working at Clinton Correctional Facility in Dannemora, New York, prior to his arrest on June 20, 2017.

Acting United States Attorney Grant C. Jaquith stated: “The deadly effects of heroin are felt in our communities, but the groups profiting from spreading this poison are often found elsewhere. As this case illustrates, we are committed to collaboration with federal, state, and local law enforcement agencies to combat the scourge of heroin in our area, and to pursue and dismantle drug trafficking organizations wherever they may be found.”

DEA Special Agent in Charge James Hunt stated: “Heroin has been a plague to public health causing record numbers of overdoses in New York State. This investigation highlights law enforcement’s commitment to dismantling opioid trafficking organizations responsible for fueling addiction and death in neighborhoods across the nation.”

Clinton County Sheriff David Favro stated: “The result of this lengthy investigation will remove elements from our community that have proven to be life-threatening. Let the message resonate to all that the Clinton County Sheriff will continue to partner with local, state, and federal agencies to provide a safe and healthy community for our residents and guests.”

If convicted, Touchstone and Coates would each face at least 10 years and up to life in prison. Kusalonis, Thompson, and Adams would each face at least 5 years and up to 40 years in prison. DeFlippo, Ippolito, Conners, Kiroy, and Scott would each face up to 20 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The indictments are the result of an investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sherriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department. The New York State Department of Corrections and Community Supervision also assisted in the investigation.

The case is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.

ALBANY, NEW YORK – Podiatrist Perrin D. Edwards, age 64, of Kinderhook, New York, pled guilty on Tuesday to health care fraud for illegally charging Medicare and private insurance companies for services that he never provided. Edwards has also paid $410,000 to the United States to resolve his civil liability for his submission of false claims for payment to the Medicare program.

The announcement was made by Acting United States Attorney Grant C. Jaquith; Scott J. Lampert, Special Agent in Charge of the New York Regional Office for the Department of Health and Human Services, Office of Inspector General; and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

Edwards’s guilty plea was entered as part of a nationwide law enforcement operation targeting health care fraud, announced today by Attorney General Jeff Sessions and other officials in Washington, D.C. (see news release).

As part of his guilty plea, Edwards admitted that he operated a podiatry practice with offices in Hudson and Albany, New York, and caused false and fraudulent claims to be submitted to Medicare and private insurance companies for podiatric medical services that he had not performed or that he knew would not be covered by insurance.

Edwards admitted that he performed routine foot care services that were not covered by insurers, and falsely represented that nail debridement services were performed for some patients. Nail debridement is the process of removing dead and diseased portions of a toenail in order to significantly reduce its thickness and length, with the aim of allowing the patient to move around without pain.

Edwards also submitted claims to insurers for the trimming of normal toenails for patients Edwards knew did not suffer from any systemic condition such that Medicare and other insurers would cover his services. In connection with these fraudulent claims, Edwards caused false information to be entered into the patients’ medical records indicating that the patients suffered from systemic conditions and had reported symptoms that were not present.

Edwards faces up to 10 years in prison, up to 3 years of post-imprisonment supervised release, and the possibility of a fine, when he is sentenced by United States District Judge Mae A. D’Agostino on November 14, 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.

As part of the civil settlement, Edwards has paid $410,000 to the United States and admitted that he submitted, or caused others to submit, false claims for payment to the government representing that he had performed toenail debridements. Edwards also admitted that he submitted, or caused others to submit, false claims for payment for trimming toenails of patients that he knew did not suffer from conditions covered by Medicare.

This case was investigated by the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation. The criminal case is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman. The United States was represented in the civil case by Assistant United States Attorney Adam J. Katz.

A federal district judge in Utica, New York sentenced a Watertown, New York food and restaurant entrepreneur and franchisor to serve 150 months in prison for committing tax evasion and investment fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Grant C. Jaquith for the Northern District of New York.

According to documents filed with the court, Christopher Swartz, 46, engaged in a promissory note scheme to defraud lenders and investors out of more than $19 million, as well as a scheme to evade more than $4 million in taxes and obstruct the Internal Revenue Service (IRS).

“For over a decade, Mr. Swartz stole millions from lenders, investors, and the United States, using multiple schemes, shell companies and layers of transactions in an effort to escape detection,” said Acting Deputy Assistant Attorney General Goldberg. “His 12 ½ year sentence sends the clear message to those involved in such financial chicanery that their schemes – no matter how complex – will be uncovered, investigated and successfully prosecuted.”

“Christopher Swartz stole millions of dollars from investors and lenders and cheated the public treasury out of millions of dollars of taxes,” said Acting U.S. Attorney Jaquith. “His elaborate scheme to defraud relied on a mind-boggling web of accounts and enterprises and concealment of his assets and diversions of funds. Swartz inflicted terrible harm on people who trusted him with money they needed to support their families, educate their children, pay for medical care, and retire. This case sends a strong message that such treachery will not be tolerated.”

“Today’s sentencing demonstrates the serious consequences of financial crimes such as this, and the collective focus of IRS Criminal Investigation (CI) and our partners on holding the perpetrators of such corrupt investment schemes accountable for their actions,” said Special Agent in Charge James D. Robnett of the IRS-CI. “Mr. Swartz preyed upon honest and law abiding citizens, abusing their trust for his own financial gain.”

“Mr. Swartz betrayed his investors and attempted to conceal his crimes,” said FBI Special Agent in Charge Vadim D. Thomas. “The resolution of this case is the culmination of the outstanding efforts of the FBI and our federal law enforcement partners.”

According to documents filed with the court, between 2005 and 2015, Swartz defrauded investors through bogus promissory notes and fraudulent offers of ownership in his companies. He induced investors by promising company growth and high interest rates. Despite these promises, Swartz stole investor funds and money from the businesses and spent it for his personal benefit. When lenders and investors tried to get their money back, Swartz provided false assurances, and made partial payments, including payments by check that he knew would bounce. He sought to cover up his thefts by falsifying company records. Swartz also concealed his assets and income to avoid seizure and collection by lenders, investors, and judgment creditors seeking to recover their funds.

The food and restaurant entities and companies Swartz used to fraudulently issue promissory notes and stock included: Jreck Subs, North Country Hospitality, Ultimate Franchise Systems, Caffino Live Roast, Madeline Ventures, Grace Ventures and Obees.

In addition to the promissory note scheme, Swartz sold worthless shell company stock to approximately 70 United Kingdom residents, stealing the funds and defrauding them of approximately $1.1 million.

Swartz also committed tax evasion for a decade. Between 2005 and 2015, Swartz filed false personal tax returns that underreported his income and did not file corporate returns or pay corporate taxes. Swartz diverted money from business accounts and concealed these diversions in the company records through fraudulent accounting entries. He made extensive use of cash so the funds could not be traced and used multiple entities and nominees to conceal his ownership of various assets. Swartz also falsified partnership tax returns and attempted to impede the IRS’s ability to collect employment taxes.

Court documents allege, and the defendant is not contesting, that Swartz owned and operated as franchisor, Jreck Subs, through layers of nominees and entities, since at least 2002. Jreck is one of the largest New York State-based franchises and a popular submarine sandwich chain with approximately 45 stores in central and upstate New York.

Swartz is in custody and will begin serving his sentence immediately. Judge Hurd ordered Swartz to serve three years of supervised release and to pay $21,041,249.43 in restitution to his investment fraud victims and $4,619,340.75 in restitution to the IRS. He also ordered a forfeiture money judgement totaling $12,360,400. Swartz pleaded guilty to tax evasion and wire fraud in September 2016. As part of his plea agreement, Swartz agreed not to contest ownership of the franchise or forfeiture of this asset. Jreck Subs is currently the subject of a restraining order, as the government evaluates the potential forfeiture of the business and a sale to new owners with proceeds serving as a potential source of funds to compensate victims.

Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Jaquith thanked special agents of IRS-CI and the FBI Albany Field Office, and an IRS revenue agent, who conducted the investigation, and Assistant Chiefs John N. Kane Jr. and Andrew Kameros, and Trial Attorney Abigail Chingos of the Tax Division, who prosecuted the case.

Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.

ALBANY, NEW YORK – Jose Martir Romano-Hernandez, age 46, a citizen of Honduras, was sentenced today to time served (4 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 guilty plea, Romano-Hernandez admitted that he is a citizen of Honduras, and that he illegally returned to the United States after he was removed to Honduras on November 26, 1997.

On March 14, 2017, Romano-Hernandez was arrested by Border Patrol Agents in Champlain, New York, just south of the Canadian border. Romano-Hernandez had been residing in Salisbury, North Carolina, and was arrested by Border Patrol while attempting to illegally cross into Canada.

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

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

SYRACUSE, NEW YORK – Gurpreet Singh (37) of Watertown, New York, was sentenced today in federal court in Syracuse to three months in prison to be followed by three years of supervised release, following a jury trial in January where he was convicted of knowingly obtaining U.S. citizenship through unlawful naturalization, announced Acting United States Attorney Grant C. Jaquith and James C. Spero, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York.

Because of this conviction, Singh’s U.S. citizenship will be revoked by law.

The trial evidence showed that Singh, who is originally from India, repeatedly affirmed to United States Citizenship and Immigration (USCIS) authorities that he had not committed any crimes for which he was not arrested. Immigration authorities later learned that the defendant sexually abused a 9-year-old child during the same time-period he was applying for U.S. citizenship. Evidence presented at trial demonstrated that Singh deliberately failed to report his criminal activity to USCIS because he knew that USCIS would not have approved his naturalization application if the agency had known about his crimes. Singh pled guilty in New York state court to a single count of sexual abuse of a minor child, after he had become a naturalized U.S. citizen. Singh was arrested by the City of Watertown (New York) Police Department the day after his naturalization ceremony in April 2012.

While on supervised release following his prison term, Singh will be required to register as a sex offender and will be prohibited from having direct contact with children under the age of 18 (other than his own) and from going to places where children under 18 are likely to congregate, such as parks, libraries, and schools, without prior permission of a probation officer.

This case was investigated by Homeland Security Investigations (HSI) and the City of Watertown Police Department, and was prosecuted by Assistant U.S. Attorneys Michael F. Perry and Robert S. Levine.

ALBANY, NEW YORK – Ray A. Perkins, age 30, of Schenectady, New York, was sentenced today to 60 months in prison for conspiring to distribute crack cocaine.

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

Senior United States District Judge Thomas J. McAvoy also sentenced Perkins to 4 years of supervised release, to begin after his release from prison.

As part of his guilty plea in August 2016, Perkins admitted that between December 2015 and March 2016, he and a co-conspirator sold more than 100 grams of crack cocaine in the city of Schenectady.

This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Two Mexican citizens arrested together in Saratoga Springs, New York, were sentenced today for illegally re-entering the United States.

Arturo Garcia-Lopez, age 45, of Mexico, was sentenced today to time served (43 days in jail) for illegally re-entering the United States. Leonel Martinez-Ramirez, age 23, of Mexico, was also sentenced today to time served (43 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, Garcia-Lopez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on June 9, 2015. Garcia-Lopez had also been removed to Mexico on September 26, 2014 and June 4, 2015.

As part of his guilty plea, Martinez-Ramirez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on March 3, 2013.

On May 30, 2017, Garcia-Lopez and Martinez-Ramirez were arrested by ICE officers in Saratoga Springs, New York.

Following their respective sentencings, Garcia-Lopez and Martinez-Ramirez were each placed into the custody of the Department of Homeland Security, for removal proceedings.

These cases were investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Nicholas M. Signore, age 27, of Albany, New York, was sentenced today to 1 year and 1 day of imprisonment, to be followed by 3 years of supervised release, for conspiring to distribute oxycodone in Albany County.

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

United States District Judge Mae A. D’Agostino also ordered that Signore forfeit $19,872 in drug proceeds.

As part of his December 23, 2016 guilty plea, Signore admitted that he obtained oxycodone tablets from a co-conspirator for resale in Albany County.

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

ALBANY, NEW YORK – Bryant C. Hardnett, age 44, of Watervliet, New York, was arraigned yesterday on false claim and aggravated identity theft charges relating to his filing of fraudulent individual income tax returns.

The announcement was made by Acting United States Attorney Grant C. Jaquith and James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation.

According to the indictment, from 2013 to 2016, Hardnett filed tax returns that falsely claimed dependents and self-employment income, causing the Treasury Department to issue tax refunds to which the taxpayers were not entitled. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

Hardnett was arraigned yesterday before United States Magistrate Judge Daniel J. Stewart, who set conditions for Hardnett’s release pending a trial before Senior United States District Judge Lawrence E. Kahn.

On each false claims charge, Hardnett faces up to 5 years in prison, up to 3 years of post-imprisonment supervised release, and a maximum $250,000 fine. On each aggravated identity theft charge, Hardnett faces a mandatory 2-year term of imprisonment. 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 IRS-Criminal Investigation and prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Two Mexican citizens arrested together in Saratoga Springs, New York, were sentenced today for illegally re-entering the United States.

Juan Martinez-Garcia, age 27, of Mexico, was sentenced to time served (38 days in jail). Jorge Reyes-Merino, age 27, of Mexico, was also sentenced to time served (38 days in jail).

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, Martinez-Garcia admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed from the United States to Mexico on July 26, 2010. As part of his guilty plea, Reyes-Merino admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed from the United States to Mexico on November 9, 2011.

On May 30, 2017, ICE Officers arrested Martinez-Garcia and Reyes-Merino in Saratoga Springs.

Following their respective sentencings, Martinez-Garcia and Reyes-Merino were each placed into the custody of the Department of Homeland Security, for removal proceedings.

These cases were investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Elder Alexander Ajin-Surek, age 25, and a citizen of Guatemala, was sentenced today to time served (66 days in jail) for illegally re-entering the United States.

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

As part of his guilty plea, Anjin-Surek admitted that he is a citizen of Guatemala, and that he illegally returned to the United States after he was removed from the United States to Guatemala on August 9, 2012.

May 3, 2017, Anjin-Surek was arrested by Border Patrol Agents in Lewis, New York, in Essex County.

Following his sentencing, Anjin-Surek was placed into the custody of the Department of Homeland Security, for removal proceedings.

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

SYRACUSE, NEW YORK – Yesterday, following a two-day trial, a federal jury in Syracuse, New York, convicted Luis Estela, 53, of Utica of conspiracy to possess with intent to distribute heroin, announced United States Attorney Richard S. Hartunian and United States Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt.

The evidence at trial established that in July 2015, Mr. Estela became a member of a heroin trafficking organization operating in Utica and Rome, New York. In particular, the evidence showed that the defendant helped the organization package heroin and assisted in selling drugs along the Erie Canal Trail in Rome.

Chief United States District Judge Glenn T. Suddaby will sentence Estela on November 9, 2017. Mr. Estela faces up to 20 years in prison, a fine of up to $1,000,000, and a term of supervised release of at least 3 years and up to life.

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

ALBANY, NEW YORK – Naisha Wiley, age 34, of Schenectady, New York, pled guilty today to stealing $10,000 worth of money orders from her employer, the United States Postal Service (USPS).

The announcement was made by United States Attorney Richard S. Hartunian; Eileen Neff, Special Agent in Charge of the Northeast Area for the USPS, Office of the Inspector General; and Inspector in Charge Shelly A. Binkowski, United States Postal Inspection Service, Boston Division.

In pleading guilty, Wiley admitted that while working part-time as a retail clerk in Post Offices in Montgomery County in 2016 and 2017, she stole USPS money orders with a total value of $10,000. She also admitted to stealing gift cards out of the mail.

Wiley faces up to 10 years in prison, up to 3 years of post-imprisonment supervised release, and a maximum $250,000 fine when she is sentenced on October 10, 2017 by Senior United States Judge Thomas J. McAvoy. She may also be ordered to pay restitution to her victims. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

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

Citizen of Russia Sentenced For Illegal Entry into United States

Denis Gennadyevich Kiselev, age 25, a citizen of Russia, was sentenced on June 6, 2017 to 22 days in jail following his guilty plea to illegally entering the United States. Kiselev admitted that on May 25, 2017, he walked across the border approximately 3 miles west of the Champlain Port of Entry, Champlain, New York, and that he walked south until he was stopped and arrested by Border Patrol Agents.

Citizen of Hungary Sentenced For Illegal Entry into United States

Zslot Mihaly, age 31, a citizen of Hungary, was sentenced on June 6, 2017 to 36 days in jail following his guilty plea to illegally entering the United States. Mihaly admitted that on May 24, 2017, he illegally crossed the border by boat on the St. Lawrence River near Hogansburg, New York, and was in the process of leaving the border area by car when he was arrested by Border Patrol Agents in Bombay, New York.

Citizen of United Kingdom Sentenced For Illegal Entry into United States

Michael B. Forster, a citizen of the United Kingdom, was sentenced on June 13, 2017 to time served (12 days in jail) following his guilty plea to illegally entering the United States. Forster admitted that on June 2, 2017, he crossed from Canada and into the United States by walking through a wooded area of the border, and was arrested by Border Patrol Agents after he crossed.

Citizen of Guatemala Sentenced For Illegal Entry into United States

Sergio Abrahan Arriaza-Morales, age 23, a citizen of Guatemala, was sentenced on June 27, 2017 to 15 days in jail following his guilty plea to illegally entering the United States. Arriaza-Morales admitted that on June 12, 2017, he walked across the border approximately 1 mile west of the Champlain Port of Entry, Champlain, New York, and that he continued walking until he was arrested by a Border Patrol Agent.

Citizen of Hungary Sentenced for Illegal Entry into United States

Mihaly Balazs, a/k/a Gabor Honved, age 32, a citizen of Hungary, was sentenced on June 29, 2017 to 45 days in jail and to pay a $500 fine following his guilty plea to illegally entering the United States. Balazs admitted that on May 27, 2017, he illegally entered the United States from Canada, without reporting for inspection, by taking a boat ride to a car that drove him to a motel in Fort Covington, New York,. Balazs also admitted to being picked up at the motel by a driver prior to his arrest by Border Patrol Agents in Westville, New York.

ALBANY, NEW YORK – Fausto Guzman Guzman, age 28, and a citizen of Mexico, was sentenced today to time served (31 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian 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, Guzman admitted that he was a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on May 24, 2008.

On May 30, 2017, Guzman was arrested by ICE officers in Saratoga Springs, New York.

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

This case was investigated by ICE-ERO in Latham, New York, and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Eric D. McNeil, age 39, of Murietta, California, was indicted yesterday for conspiring to distribute more than 100 kilograms of marijuana in Columbia County, New York.

The announcement was made by United States Attorney Richard S. Hartunian and Inspector in Charge Shelly A. Binkowski, United States Postal Inspection Service (USPIS), Boston Division.

McNeil was arrested May 2, 2017, on a criminal complaint. According to the complaint, McNeil used the United States Postal Service to send more than 100 kilograms of marijuana, from California and to a co-conspirator located in Columbia County. The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent until proven guilty.

McNeil will be arraigned at a later date. If convicted, he faces at least 5 years and up to 40 years in prison, a maximum $5 million fine, and a term of post-imprisonment supervised release of at least 4 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 United States Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Anthony David Gentile, age 57, of Queens, New York, pled guilty today to receiving and possessing child pornography.

The announcement was made by United States Attorney Richard S. Hartunian 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, Gentile admitted that between July 12, 2014 and September 5, 2014, as a resident of Albany County, he used the Internet and a peer-to-peer file-sharing network to download child pornography. Gentile also admitted that he possessed and stored child pornography on a computer and several hard drives.

Gentile faces at least 5 years and up to 20 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced on October 24, 2017 by Senior United States District Judge Gary L. Sharpe. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Upon his release from prison, Gentile will be required to register as a sex offender.

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

SYRACUSE, NEW YORK - Brent Dale, 40, of Earlville, NY, was sentenced yesterday to serve 210 months in federal prison following his plea of guilty to all counts of a five-count indictment charging him with child pornography offenses, announced United States Attorney Richard S. Hartunian. He will be placed on a lifetime period of supervised release following the end of his prison sentence. Dale was a registered sex offender at the time he committed the offenses of conviction, and will be required to continue that registration after his release.

Dale’s sentencing yesterday follows his September 2016 pleas of guilty to the distribution, receipt, and possession of child pornography stemming from his trading images of child pornography with other users on the Internet, and amassing a collection of images and videos depicting the sexual exploitation of children.

This case was investigated by the New York State Police, the Madison County Sheriff’s Office, the Madison County District Attorney’s Office, and the Department of Homeland Security, Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Lisa M. Fletcher.

This multi-agency approach is a hallmark of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). 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 – Nathan Baum, age 32, of East Greenbush, New York, was sentenced today to serve 38 months in prison for tampering with a consumer product and obtaining controlled substances by deception.

The announcement was made by United States Attorney Richard S. Hartunian; Special Agent in Charge Donna L. Neves of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Special Agent in Charge Jeffrey Ebersole of the U.S. Food and Drug Administration Office of Criminal Investigations, New York Field Office.

Senior United States District Judge Lawrence E. Kahn also imposed a $2,000 fine and a 3-year term of supervised release, to begin after Baum’s release from prison.

Baum was originally sentenced, on June 22, 2016, to 82 months in prison. With the government’s consent, the United States Court of Appeals for the Second Circuit vacated the sentence in May 2017 and remanded the case for resentencing. Baum has been in custody since his original sentencing date.

Baum pled guilty in February 2016 to tampering with a consumer product and obtaining controlled substances by deception and subterfuge. Baum, a licensed practical nurse who worked at the hospice ward of the Veterans Affairs Medical Center, in Albany, improperly accessed syringes that contained oxycodone hydrochloride. These syringes were stored in locked containers that Baum was able to access using his individually assigned password. Between April 8, 2014 and May 16, 2014, Baum removed the oxycodone hydrochloride from at least 25 syringes and replaced it with haloperidol.

Oxycodone hydrochloride, a Schedule II controlled substance, is a highly addictive narcotic analgesic used to treat moderate to severe pain. Haloperidol, often marketed as Haldol, is an anti-psychotic medication used to treat certain mental/mood disorders and to treat uncontrolled movements or agitation.

This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and the Food and Drug Administration Office of Criminal Investigations, and was prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.

SYRACUSE, NEW YORK - Dale J. Sexton, 48, formerly of Barneveld, New York, was sentenced today in federal court in Syracuse to 33 months in prison in connection with his previous guilty pleas to filing a false income tax return and to obstructing and impeding the Internal Revenue Service (IRS) in its administration of the internal revenue laws, announced United States Attorney Richard S. Hartunian and James D. Robnett, Internal Revenue Service Criminal Investigation (IRS-CI), Special Agent in Charge, New York Field Office. Sexton’s sentence also requires him to pay restitution to the IRS in the amount of $502,639. Senior United States District Judge Norman A. Mordue, who presided over the case, also ordered Sexton to spend one year on supervised release after completion of his 33-month prison sentence.

Sexton, who most recently resided in Bradenton, Florida, previously admitted in federal court that he failed to report to the IRS more than $1.5 million in income he earned between 2005 and 2008, that he engaged in complicated financial transactions involving numerous bank accounts in the United States and Costa Rica in order to mask and disguise his income and expenses, and that he made false statements to an IRS Revenue Officer in Utica, New York. Sexton also admitted that he filed a false 2008 tax return, claiming that he earned no income that year when he actually earned more than $200,000.

“IRS agents spent years tracing more than 100 bank accounts and tens of thousands of individual financial transactions to piece together Sexton’s fraud scheme. Unfortunately, today’s sentence cannot undo the financial harm suffered by Sexton’s victims, who paid a terrible price for the defendant’s greed in amassing income improperly and failing to report it to the IRS,” said U.S. Attorney Hartunian.

According to the plea agreement signed by Sexton, the unreported income related to Sexton’s ownership of multiple commercial real estate businesses in Florida involved in constructing, among other things, commercial “flex” warehouse units. Sexton financed the projects by obtaining loans from banks and investments from private investors. Sexton admitted in the plea agreement that he failed to repay much of the loan money and that he never intended to repay any of the private investors. Several victims filed statements with the Court describing the financially devastating consequences they faced after Sexton defrauded them in order to fund his luxurious lifestyle.

The case was investigated by Internal Revenue Service Criminal Investigation (IRS-CI), and was prosecuted by Assistant United States Attorney Michael F. Perry.

ALBANY, NEW YORK – Lawrence Giggetts, age 37, of Schenectady, New York, was sentenced today to 58 months in prison for possessing a firearm as a felon.

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

In pleading guilty, Giggetts admitted to possessing an inoperable .25-caliber, semiautomatic pistol, after he had been convicted of attempted reckless endangerment, a felony. The pistol, which was inoperable because it did not have a firing pin, still qualified as a firearm under federal law, which prohibits felons even from having inoperable firearms so long as there is an interstate connection.

Senior United States District Judge Gary L. Sharpe also sentenced Giggetts to 3 years of supervised release, to begin once Giggetts is released from prison.

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

ALBANY, NEW YORK – Jose Domingo Contreras Flores, age 34, and a citizen of El Salvador, was sentenced today to time served (about 69 days in jail) for illegally re-entering the United States.

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

Flores had been removed from the United States in 2003, at Chandler, Arizona. He later re-entered the country without the permission of the Department of Homeland Security. Flores had been living in Hudson at the time of his arrest.

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

This case was investigated by ICE-ERO in Latham, New York, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Tammy A. Grumme, age 42, of Glenmont, New York, was sentenced today to time served (about 4 months in jail), to be followed by 3 years of supervised release, for stealing more than $78,000 in benefits from the Social Security Administration (SSA).

The announcement was made by United States Attorney Richard S. Hartunian and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.

As part of her October 17, 2016 guilty plea, Grumme admitted that she provided false information to the SSA so that she could continue to receive Survivors Insurance benefits for herself and another person from 2011 through 2013. Grumme admitted that she submitted false forms to the SSA because she knew she would not be entitled to benefits if the information were accurate.

Senior United States District Judge Frederick J. Scullin Jr. also ordered Grumme to pay $78,258 in restitution.

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

ALBANY, NEW YORK – Victorico Catarino Ramirez, a citizen of Mexico, was charged today with possessing fraudulent immigration documents.

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

Ramirez appeared today in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.

If convicted of possessing fraudulent immigration documents, Ramirez faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release.

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

This case is being investigated by HSI, Immigration Customs and Enforcement-Enforcement and Removal Operations, and the United States Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

Albany, New York – Richard S. Hartunian announced today that he will step down as United States Attorney for the Northern District of New York on June 30, 2017, after serving seven and one-half years in office and 20 years with the Department of Justice. Hartunian has informed President Trump and Attorney General Sessions of his decision. First Assistant United States Attorney Grant C. Jaquith will become Acting United States Attorney for the Northern District of New York on July 1, 2017.

“Serving as the United States Attorney for the Northern District of New York has been the highest professional privilege of my lifetime,” said United States Attorney Hartunian. “It has been an honor to work with the men and women of the Department of Justice and to witness the immeasurable commitment to justice of my law enforcement colleagues throughout the nation. I am especially grateful for the opportunity to lead an office of outstanding, dedicated professionals who work tirelessly, day in and day out, to keep our communities safe. I am proud of our achievements and confident that the good work of the U.S. Attorney’s Office will continue under the outstanding leadership of Acting United States Attorney Jaquith.”

Deputy Attorney General Rod J. Rosenstein said, “Throughout his service as a career prosecutor and as United States Attorney, Rick Hartunian has demonstrated a steadfast commitment to the cause of justice. He is an excellent colleague and a reliable friend. I thank Rick for his twenty years of distinguished federal service and wish him all the best in the next chapter of his career.”

Richard S. Hartunian took office as the 48th United States Attorney for the Northern District of New York on January 3, 2010. Hartunian also served as the Chair of the Attorney General’s Advisory Committee (AGAC) in 2016 and 2017, leading the sixteen U.S. Attorneys who are responsible for advising the Attorney General on policy, management and operational issues influencing all 94 federal districts nationwide. He was appointed to this committee in 2013, working with his U.S. Attorney colleagues from around the nation to fight violent crime, promote border security, improve police/community relations and address the nationwide heroin/opioid abuse epidemic.

In 2010, Hartunian was honored by the Armenian Bar Association as the first United States Attorney of Armenian descent.

As United States Attorney, Hartunian emphasized several key areas. Fighting terrorist activity has been his highest priority – indeed, his sister Lynne was killed in the 1988 terrorist bombing of Pan Am Flight 103 – and his tenure included the prosecution of Glendon Crawford and Eric Feight. Crawford, a Ku Klux Klan member and the first person to be convicted of attempting to possess and use a radiological dispersal device, was sentenced to be imprisoned for 30 years for his plot to build a lethal radiation device to kill Muslim Americans and others.  Feight, his accomplice, pled guilty to providing material support to terrorism and was sentenced to over 8 years in prison.

Border security has been a related priority, and Hartunian co-chaired the AGAC’s Border and Immigration Subcommittee, leading the Northern Border United States Attorneys in their efforts to combat transnational crime and improve cooperation with Canadian prosecutors and law enforcement agencies. In support of that effort, Hartunian testified on behalf of DOJ in April 2015, before the U.S. Senate Homeland Security and Governmental Affairs Committee, about the state of northern border security.

As a long time narcotics prosecutor, both on the local and federal level, U.S. Attorney Hartunian emphasized aggressive narcotics and gang prosecutions, with cases against the V-Not and Bricktown gangs in Syracuse, the Uptown Gunners in Schenectady, and the Original Gangsta Killers in Albany.  His office fought the scourge of synthetic drugs through impactful prosecutions in Zhang and Tebbetts, and he testified on behalf of DOJ, before the United States Senate Judiciary Committee in June 2016, about the dangers of synthetic drugs.

In combatting financial fraud, U.S. Attorney Hartunian’s office prosecuted multi-million dollar fraudsters like McGinn and Smith, Stehl and Rossignol, Valente, and Backis.

Public and professional corruption has remained a priority for the DOJ and the U.S. Attorney’s Office under Hartunian’s leadership, as demonstrated by the prosecutions of Assemblyman Scarborough and Town Supervisor Warmouth, Saratoga County Deputy Sheriff Fuller, and attorneys Stanley Cohen, David Ehrlich and Michael Bouchard.

U.S. Attorney Hartunian also sought justice for victims of violent crime. In cases involving terrible acts of child exploitation, his office brought impactful prosecutions and achieved lengthy sentences against Kopp and Oberst, Howells and Vaisey, sex traffickers Tilden and Davall, and Christopher and Amanda Jansen. Finally, his office’s prosecution of four individuals for lying in connection with the investigation of a deadly arson homicide, where three children and one adult were killed, and another child seriously burned, demonstrated U.S. Attorney Hartunian’s commitment to fighting for victims of violent crime. “I am confident that my office will continue to seek the full measure of justice for the victims of this terrible tragedy,” he said, “and our prosecutors and agents will not rest until that goal has been fully achieved.”

Hartunian thanked his staff for their impactful work, describing them as “an incredible collection of talented AUSAs and support professionals who work long hours, out of the limelight, to help crime victims and keep our communities safe.”

Native American issues have remained an important facet of the U.S. Attorney’s work during Hartunian’s tenure. He served on the AGAC’s Native American Issues Subcommittee and visited several tribes throughout the United States, while consulting regularly with the Oneida, Mohawk, Onondaga and Cayuga nation leadership in the Northern District. He appointed a full time tribal liaison – a first for the NDNY – and collaborated closely with tribal police agencies to address public safety needs in Indian Country. “I am proud to have been part of improved nation to nation relations over the past eight years, and I am confident that we will build upon our successes and continue our constructive work with tribal communities in an environment of mutual respect and friendship,” Hartunian said.

U.S. Attorney Hartunian placed great emphasis on strengthening the NDNY Civil Division, doubling the number of AUSAs handling civil matters and emphasizing affirmative civil enforcement cases in the areas of health care, defense procurement and the environment.  He was a member of the AGAC’s Health Care and Environmental Issues Subcommittees, and instituted programs designed to maximize recoveries and inform industry representatives about the NDNY’s increased enforcement efforts. As a measure of the success of these efforts, the NDNY recovered the following amounts in civil and criminal penalties during his term: $30.8 million in FY 2012; $29.3 million in FY 2013; $44 million in FY 2014; $32 million in FY 2015; and $20 million in FY 2016. In civil health care fraud matters alone, the office has recovered more than $25 million during Hartunian’s tenure -- a dramatic increase over previous years – including multi-million dollar settlements with Endo Pharmaceuticals, St. Joseph’s Hospital and Open MRI. “I’m proud of the work of the NDNY Civil Division, which has become a nationwide model of efficiency and effectiveness,” Hartunian said.

Crime prevention has also been a priority during his tenure, including through the LEADership Project, a youth violence reduction program designed to help 5th grade students steer clear of gangs, drugs, violence, and vandalism; Youth Courts; Reentry Court; and community and interdisciplinary forums to address the epidemic of opioid and synthetic drug abuse. “We must take a comprehensive approach to fighting crime – aggressive enforcement, strong prevention efforts aimed at young people, and attention to the needs of re-entering persons – these are the successful building blocks for safer communities,” Hartunian noted.

Hartunian is a 1983 cum laude graduate of the College of Arts and Sciences at Georgetown University and a 1986 graduate of the Albany Law School. He was engaged in the general private practice of law at the firm of Devine, Piedmont and Rutnik in Albany from 1987 to 1990, and served as an Assistant District Attorney in Albany County from 1990 to 1997, where his work on narcotics and violent crime cases led to his designation as a Special Assistant U.S. Attorney in 1994. He became an Assistant United States Attorney in 1997, and went on to serve as the Northern District’s Narcotics Chief and Organized Crime Drug Enforcement Task Force Coordinator from 2006 until his appointment as U.S. Attorney in 2010. During his tenure as an Assistant United States Attorney, Hartunian successfully prosecuted numerous large drug, gang, and violent crime cases. He has received many awards for his work, including the Federal Bureau of Prisons General Counsel’s Exemplary Assistance Award, the Narcotics Enforcement Officers’ Association U.S. Department of Justice Award, various Organized Crime Drug Enforcement Task Force Regional Awards, and several case-related commendations.

Hartunian plans to enter private practice, with a further announcement to follow.

The Northern District of New York is comprised of thirty-two counties in upstate New York, covering an area of over 30,000 square miles that is home to about 3.4 million people. The District includes 310 miles of the U.S. border with Canada and the Cayuga, Mohawk, Oneida, and Onondaga Nations. The United States Attorney has offices in Syracuse, Albany, Binghamton, and Plattsburgh.

BINGHAMTON, NEW YORK – Anthony Randolph, age 30, of Binghamton, New York, was sentenced today to 20 years in prison and 10 years of post-imprisonment supervised release for engaging in a drug trafficking conspiracy and possessing a firearm and ammunition as a felon.

The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

In pleading guilty, Randolph admitted that between January 2014 and November 17, 2015, as part of an organization called the “Eddie Block Gang,” he and others conspired to and did acquire cocaine and cocaine base (crack) from a number of supply connections located in Broome County, New York, and also in the New York City area. He admitted that he packaged and stored crack at several locations and residences in Broome County, including his residence in Binghamton. He also admitted to selling crack.

Randolph also admitted that in November 2015, he possessed a Kahr Arms Model P40, .40 caliber pistol along with .40 caliber ammunition in his residence in Binghamton. He was prohibited from possessing the pistol and ammunition because he had two prior felony convictions, both for criminal sale of a controlled substance in Broome County.

This case was investigated by the FBI, Binghamton Police Department, New York State Police and Broome County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

SYRACUSE, NEW YORK – Taylor Boyd-White, 26, of Syracuse, New York, pled guilty yesterday to operating a multi-year credit-card cloning operation, announced United States Attorney Richard S. Hartunian.

Boyd-White pled guilty to one count of wire-fraud conspiracy and one count of money-laundering conspiracy. As part of her guilty plea, she admitted her involvement in the scheme, which involved the purchase of hundreds of stolen credit card numbers belonging to victims. The credit card numbers were frequently obtained from computer hackers located overseas and were used to fabricate cloned credit cards. Boyd-White further admitted that she and her co-conspirators used the cloned credit cards to purchase tens of thousands of dollars in merchandise and prepaid gift cards. The prepaid gift cards were used to purchase United States Postal money orders, which were converted to cash. The scheme operated from 2014 through 2016 in Syracuse, New York, and in the state of Georgia. The wire fraud and money laundering conspiracy charges carry a maximum possible sentence of 20 years in prison, a fine of up to $500,000.00 and a term of supervised release of up to 3 years following any term of incarceration.

Boyd-White is scheduled to be sentenced on October 18, 2017, in Syracuse, New York. This case is being investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the City of Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Yesterday, following a seven-day trial, a federal jury in Utica, New York, convicted Stacey J. LaPorte, Jr., 26, of Massena, New York, of five counts of sexually exploiting four different children, and one count of receiving child pornography, announced United States Attorney Richard S. Hartunian and Russell Linstad, Resident Agent in Charge of Homeland Security Investigations (HSI), Massena, New York.

LaPorte was convicted of conspiring with Mackenzie Bailey, 21 of Massena, NY, to sexually exploit a child from infancy to age two, and with using that child to produce sexually explicit images on two specific occasions. He was also convicted of conspiring with Hillary Trimm, 26, also of Massena, to sexually exploit another child, who was less than one-year old. Both Bailey and Trimm pled guilty to the crimes they committed with LaPorte, and testified at trial.

LaPorte was also convicted of exploiting a twelve year-old boy and his sixteen year old sister by coercing them to have sexual contact with one another in order to provide explicit images of the conduct. He was further convicted of receiving child pornography from another user over the messaging program “Kik Messenger.”

“The jury heard a week’s worth of testimony about abhorrent acts and rendered a verdict that will hold the defendant accountable for his horrific criminal conduct. With our law enforcement partners, we will continue to investigate and prosecute such unfathomable crimes against the most vulnerable among us – babies and other children -- to the fullest extent of the law,” said United States Attorney Hartunian.

"The conviction of Mr. Laporte now paves the way to permanently block his access to children," said Russell Linstad, Resident Agent in Charge of HSI Massena." HSI special agents and our partners will remain relentless in our pursuit to ensure these predators are held accountable for their depraved acts."

At sentencing on October 19, 2017, LaPorte faces a mandatory minimum sentence of 15 years, but could be sentenced to up to 170 years in prison. He will also be required to serve a term of supervised release of at least 5 years, and up to life, after any term of imprisonment, and he will have to register as a sex offender.

This case was investigated by the New York State Police, the Massena Police Department, and the Department of Homeland Security, Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher and Sahar L. Amandolare.

This multi-agency approach is a hallmark of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). 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 - SYRACUSE, NEW YORK – Corey Daniels, 35, of Watertown, New York, was sentenced to serve 92 months in prison (seven years and 8 months) following his guilty plea to possession of a firearm as a convicted felon, announced United States Attorney Richard S. Hartunian. In connection with his guilty plea, Daniels admitted to possessing a stolen 40-caliber, semiautomatic pistol after he had been convicted of felony drug charges. Daniels is currently serving a four-and-one-half year sentence on a 2016 drug trafficking conviction. Daniels’s sentence on his federal gun charge will begin to run only after he completes his drug charge sentence. The defendant was also sentenced to a three-year term of supervised release after he is released from federal prison.

Daniels’s co-defendant Loren Woodard, 35, of Calcium, New York, was sentenced on October 20, 2016, to serve 84 months in prison for his role in firearms trafficking.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New York State Police, and the City of Watertown Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Michael J. Ward, 54, of Gouverneur, New York, appeared yesterday in federal court in Syracuse on an indictment charging him with six felony counts of violating the Clean Water Act, announced United States Attorney Richard S. Hartunian, Vernesa Jones-Allen, Special Agent in Charge, Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”), New York Area Office, and Director Joe Schneider, New York State Department of Environmental Conservation, Division of Law Enforcement.

The indictment charges Ward with one count of discharging polluted water into the Raquette River between January 2013 and September 2015, while Ward worked at a paper mill in Norfolk, New York. Ward is alleged to have falsified data as to the amount of biochemical oxygen demand (“BOD”) in the paper mill’s wastewater. The indictment against Ward also alleges five counts of falsifying monthly reports to the New York State Department of Environmental Conservation regarding the paper mill’s wastewater discharges. Ward appeared yesterday before United States Magistrate Judge Thérèse Wiley Dancks in Syracuse, and was released pending a trial scheduled for August 14, 2017.

The charges filed against Ward carry a maximum sentence of up to three years in prison, a fine of up to $800,000, and a term of supervised release of up to one year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

This case is being investigated by EPA-CID and the New York State Department of Environmental Conservation, Division of Law Enforcement, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Eric S. Mann, age 33, of Howard, Pennsylvania, pled guilty today to attempting to arrange for a sexual encounter with a minor.

The announcement was made by United States Attorney Richard S. Hartunian 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, Mann admitted that between May 10, 2016 and August 25, 2016, he exchanged multiple online messages with an undercover officer posing as a 14-year-old boy. Mann further admitted that the messages were intended to entice the boy into meeting with him for the purpose of having sex. Mann also admitted that on the morning of August 25, 2016, he travelled to a truck stop located in Milesburg, Pennsylvania, in an effort to meet with the boy.

Mann faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Sentencing is scheduled for October 13, 2017 before United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Mann will also have to register as a sex offender upon his release from prison.

This case was investigated by the FBI and the Town of Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

ALBANY, NEW YORK – A federal jury yesterday voted to convict siblings Mario Cardenas, age 34, and Jennifer Cardenas, age 32, both of Schenectady, New York, of making false statements under oath in applications to U.S. Citizenship and Immigration Services.

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

The evidence at trial established that Mario Cardenas and Jennifer Cardenas, both born and raised in Guatemala, entered the United States with their mother, Susana Alarcon Moscoso, in February 1999. They entered on visitor visas. Once in the United States, the siblings claimed under oath that they were born in El Salvador, a Temporary Protected Status (TPS) country. Guatemala is not a TPS country. The TPS designation means that under certain circumstances, citizens of designated countries are granted temporary immigration status in the United States, and can work here, because returning home may be too dangerous.

Because of these false statements, U.S. Citizenship and Immigration Services (USCIS) granted the siblings protected status, which allowed them to live and work in the United States for over 15 years. As part of their fraudulent scheme, the siblings submitted forged Salvadoran birth certificates to USCIS, and omitted information about their Guatemalan births and citizenship from annual TPS and employment authorization renewal forms.

The defendants face up to 10 years in prison, up to 3 years of post-imprisonment supervised release, 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. Senior United States District Judge Frederick J. Scullin Jr. is scheduled to sentence them on October 16, 2017.

June 9, 2017, their mother, Susana Alarcon Moscoso, pled guilty to falsely claiming Salvadoran citizenship. In her guilty plea, she admitted that she is a citizen of Guatemala who has never lived in, or been a citizen of, El Salvador. Judge Scullin is scheduled to sentence her on October 10, 2017.

This case was investigated by HSI. The case is being prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Joseph A. Giovannetti.

ALBANY, NEW YORK – Dujuan Pleasant, age 35, of Schenectady, New York, pled guilty today to distributing crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.

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

As part of his plea, Pleasant admitted that he distributed more than 100 grams of crack cocaine to another person in 2016. While executing a search warrant at Pleasant’s home, DEA found an Arminius .22. caliber revolver, a Kel-Tec .32 caliber semi-automatic handgun, 33 rounds of ammunition, several digital scales, as well as cocaine and MDMA (commonly marketed as ecstasy). Pleasant admitted that he kept both firearms in his residence to protect his drugs and drug money.

Sentencing is scheduled for October 13, 2017 in Albany, before United States District Judge Mae A. D’Agostino. Pleasant faces at least 10 years and up to life in prison, a fine of up to $5 million, and a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Preston James, age 39, of Schenectady, New York, pled guilty today to distributing crack cocaine.

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

As part of his guilty plea, James admitted that in April 2015, he sold crack cocaine four times in the Schenectady area. During one sale he sold over 28 grams. James was previously convicted of felony drug offenses in Rockland County (2009) and Kings County (2006).

James, who is in custody, faces at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of at least 8 years and up to life, when he is sentenced on October 13, 2017 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the DEA and is being prosecuted by Assistant United States Attorney Solomon B. Shinerock.

ALBANY, NEW YORK – Eliza Akhmetshina, age 29, and a citizen of Russia residing in Albany, was sentenced today to 2 years of probation for conspiring to commit marriage fraud.

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

Senior United States District Judge Thomas J. McAvoy also ordered Akhmetshina to pay a $1,000 fine.

As part of her February 7, 2017 guilty plea, Akhmetshina admitted that in January 2012, when she was illegally present in the United States (having overstayed on a visitor’s visa), she agreed to pay U.S. citizen Ian Neary $10,000 to marry her so that she could obtain lawful immigration status in the United States. As part of the conspiracy, Akhmetshina falsely represented to U.S. officials that she and Neary lived together at an address in Albany County.

Neary pled guilty to conspiracy to commit marriage fraud, and on August 3, 2016 was sentenced by United States District Judge Mae A. D’Agostino to 2 years of probation.

This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Kristin M. Vargas, age 33, of Clifton Park, New York, was arraigned today on a 9-count indictment charging her with using and selling stolen social security numbers.

The announcement was made by United States Attorney Richard S. Hartunian; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General, New York Region; and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA) Office of the Inspector General, New York Field Office.

The indictment charges Vargas with conspiracy to commit wire fraud, making false statements in loan and credit applications, and misusing social security numbers. The indictment alleges that in 2013 and 2014, Vargas obtained and sold stolen social security numbers (SSNs) over the internet. Vargas advertised these stolen SSNs as “credit profile numbers” and encouraged her customers to use these SSNs in place of their own on credit and loan applications as a means to escape negative credit histories. The indictment further alleges that Vargas used stolen SSNs herself on applications for credit.

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

Vargas faces up to 20 years in prison, up to 3 years of post-imprisonment supervised release and a maximum $250,000 fine if convicted on all counts of the indictment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Vargas was arraigned today before United States Magistrate Judge Christian F. Hummel. She was released with conditions pending a trial before Senior United States District Judge Thomas J. McAvoy.

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

ALBANY, NEW YORK – Ronald T. Showers, age 42, of Albany, was sentenced today to 54 months in prison, to be followed by 3 years of supervised release, for possessing and intending to distribute heroin that caused the death of a 19-year-old woman.

The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Showers pled guilty in January 2017 to possessing while intending to distribute heroin. Showers admitted that on September 13, 2014, he hid the heroin in a car belonging to a 19-year-old woman residing in Schenectady, who died from a heroin overdose the following day.

In sentencing Showers, United States District Judge Mae A. D’Agostino found that the heroin that killed the 19-year-old woman was the heroin that Showers had placed in the woman’s car. Judge D’Agostino told Showers, “You gave the victim access to the drugs that extinguished her life.” She added, “When you leave heroin in a 19-year-old’s car, bad things happen. And a tragedy happened here.”

This case was investigated by the FBI, Schenectady Police Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Christopher J. Pratt, age 53, of Albany, appeared today in federal court on charges that he possessed child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The complaint filed against Pratt alleges that two child pornography videos were distributed from a computer at his home. When investigators executed a search warrant at Pratt’s home, they found a computer containing additional child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

Today, United States Magistrate Judge Christian F. Hummel ordered Pratt detained pending further proceedings.

The charge filed against Pratt carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI and the Albany County Sherriff’s Office, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.

SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian and New York State Attorney General Eric. T. Schneiderman announced today that the University of Rochester (UR), which among other things operates a teaching hospital based in Rochester, New York, will pay $113,722.10 to resolve allegations that it violated the federal and New York False Claims Acts by improperly using a billing modifier on certain healthcare claims at UR’s Flaum Eye Institute, resulting in UR receiving payments to which it was not entitled.

A provider’s use of a modifier on a healthcare claim can allow the provider to receive compensation when it would otherwise be unavailable under applicable regulations. Here, modifier 25 may be added to certain healthcare claims where the provider renders a significant, separately identifiable evaluation and management service to the same patient on the same day as another procedure or other service. Modifier 25 should be used only when the evaluation and management service is above and beyond the usual pre-and-post operative work of a procedure and the need for the additional service is supported by the medical record. By using modifier 25 when the foregoing conditions were not present, UR received higher compensation than it should have received for certain ophthalmology services claims it submitted to government payers. For example, in certain instances UR performed and billed for ophthalmology procedures known as intravitreal injections (i.e. injections into the eye) and then billed modifier 25 for additional evaluation and management services to the same patients, although the medical records lacked sufficient documentation to support billing for care beyond the injection procedure itself.

This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery. The relator in this case will receive $19,332.76 of the settlement proceeds. This case is docketed with the United States District Court for the Northern District of New York under number 5:15-cv-266 (MAD/TWD).

UR disclosed its improper use of modifier 25 to the government before becoming aware of the lawsuit.

“Today’s settlement reflects my office’s commitment to using the False Claims Act to protect the public fisc and to vigorously investigative cases brought to our attention by whistleblowers,” said U.S. Attorney Richard S. Hartunian. “It also reflects UR’s self-disclosure of the conduct at issue to the government, a practice that this Office commends, before UR had knowledge that a relator had filed a qui tam complaint.”

“When an organization catches an error in their Medicaid billing and self-reports, it prevents hardworking New York taxpayers from having to absorb the cost,” said New York Attorney General Eric T. Schneiderman. “I commend UR for their willingness to come forward, and for their cooperation throughout this matter. Reimbursing Medicaid for false claims is vital to the integrity of the program, and we will continue working to ensure that all providers repay what is owed.”

“This settlement is another example of our commitment to holding health care providers accountable for their billing practices,” said Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations. “HHS-OIG will continue to protect the federal health care programs intended for our most vulnerable Americans.”

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

SYRACUSE, NEW YORK – Charles Edward Bayer, Jr., 33, and Darren Kattan, 31, of Lafayette and Baton Rouge, Louisiana, were sentenced today in United States District Court in Syracuse for conspiring to commit mail fraud and violate the Clean Air Act by developing and selling simulator devices programmed to bypass motor vehicle emissions inspections tests, announced United States Attorney Richard S. Hartunian and Vernesa Jones-Allen, Special Agent in Charge, United States Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”), New York Area Office. Bayer and Kattan were each sentenced to three years of Probation, and each of them will spend the first four months of Probation on house arrest. In addition, Bayer was ordered to pay a fine of $5,000, and Kattan was ordered to pay a fine of $10,000.

In pleading guilty, Darren Kattan admitted that between 2010 and 2013 he designed, built, and sold motor vehicle simulator devices that allowed vehicles to bypass state motor vehicle emissions inspections tests. Kattan admitted that, with other co-conspirators (including Bayer), he helped create and distribute at least 170 simulator devices throughout the country. Kattan was arrested by Special Agents of the Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”) in an undercover sting operation in Louisiana after Kattan turned over the source codes for his devices in exchange for a $10,000 payment.

As part of his guilty plea, Charles Edward Bayer admitted that between 2011 and 2013 he purchased Kattan’s remaining inventory of simulator devices and software and continued to sell and manufacture these devices knowing that they were used to illegally bypass motor vehicle inspections.

This case was investigated by EPA-CID and the New York State Department of Environmental Conservation, Division of Law Enforcement, and was prosecuted by Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason, United States Department of Justice, Environmental and Natural Resources Division.

ALBANY, NEW YORK – United States Attorney Richard S. Hartunian wrapped up the 2017 LEADership Project at noon today at a conference at the Troy Middle School.

Joining him were 4 fifth-grade students who completed the project this year, and many leaders and representatives of the participating federal, state and local law enforcement agencies. The LEADership Project, an anti-gang training for fifth-grade students, has been reaching over 1.800 students in the fifth-grade classrooms in the Albany, Schenectady, Troy and Lansingburgh School Districts each year for the past two years.

U.S. Attorney Richard S. Hartunian stated: “Over my tenure as United States Attorney, the LEADership Project has helped to prevent young people from becoming involved with gangs and other criminal activities. Through this initiative, we worked with educators, administrators and dedicated volunteers to provide real-world strategies that will help these youngsters break the cycle of violence and criminality that they too often experience. It is our hope that this positive message will make a difference, and that these children will develop the attitudes and values that will turn them into tomorrow’s community leaders.”

The charts below summarizes all the law enforcement agencies that assisted with this project.

Federal Agencies

• U.S. Attorney’s Office
• U.S. Marshals Service
• Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)
• U.S. Drug Enforcement Administration (DEA)
• Federal Bureau of Investigation (FBI)
• IRS-Criminal Investigation
• Transportation Security Administration
• Homeland Security Investigations
• U.S. Probation and Pretrial Services
• U.S. Department of Health & Human Services, OIG
• U.S. Customs & Border Patrol
• U.S. Postal Inspection Service
• U.S. Postal Service Office of the Inspector General

State and Local Agencies

• New York State Police
• New York State Attorney General’s Office
• Albany Police
• Schenectady Police
• Troy Police
• Schenectady Auxiliary Police Department
• Schenectady County District Attorney’s Office
• Rensselaer County District Attorney’s Office
• Schenectady County Probation Department
• Rensselaer County Probation Department
• Albany County Sheriff’s Office
• Schenectady County Sheriff’s Office
• Rensselaer County Sheriff’s Office

Through role-playing skits, centered on two fifth-grade characters who are lured by an older gang member to make some bad decisions, classroom discussions revolve around making good life decisions, focusing on the future, acknowledging positive personal traits, and becoming the best that students can be. The sessions introduce the students to the concepts of responsibility and accountability through learning about Victim Impact Panels and Community Accountability Boards.

In past student questionnaires, 84% of fifth graders stated it was very important to them to have help to stay away from gangs. These sessions help students learn how to do that. While 98% said they were not in a gang, 73% indicated they have friends who are in gangs. When asked who can help them stay away from gangs, students notably listed their parents, teachers, police officers and their LEADership instructors.

The LEADership Project is a small project with big returns. Even though it is only four sessions in each fifth-grade classroom, it reaches over 1,800 fifth-grade students in Albany, Schenectady, Troy and Lansingburgh. The project uses few resources; it is driven by over 80 volunteer law enforcement instructors. The LEADership Project is an investment in our future.

ALBANY, NEW YORK – John E. Szumigata, age 70, of Albany, was sentenced today to serve 5 months in jail, to be followed by 5 months of home confinement, for stealing over $91,000 in benefits from the Social Security Administration (SSA).

The announcement was made by United States Attorney Richard S. Hartunian and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.

On June 1, 2016, Szumigata was convicted of theft of government property after a two-day trial. The evidence at trial demonstrated that between October 1999 and September 2012, Szumigata withdrew Social Security monies that were directly deposited into his mother’s checking account for her benefit, despite the fact that she had died in 1999. Szumigata used the money to write checks to himself, pay personal expenses, and transfer money to businesses that he owned.

Senior United States District Judge Gary L. Sharpe also ordered Szumigata to serve 3 years of supervised release and to pay $91,322.44 in restitution to the SSA.

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

SYRACUSE, NEW YORK – A federal District Court Judge in the Northern District of New York signed a Stipulated Judgment today resolving the government’s allegations that Dr. Nancy C. Blake violated her obligations under the Controlled Substances Act (CSA) and its regulations by accepting payment for medical services in marijuana and by failing to create medical records sufficient to justify certain prescriptions to a patient receiving Suboxone, a controlled substance used to treat opioid addiction, announced United States Attorney Richard S. Hartunian.

The government alleged that, over an approximately year and a half time period, Dr. Blake issued twenty-three Suboxone prescriptions to a patient and was paid by the patient in small quantities of marijuana for at least twelve of the corresponding medical appointments. Dr. Blake admitted to being paid in marijuana but asserted that it was fewer than twelve times. The government also alleged that Dr. Blake created a medical record in only four of the twenty-three visits. The CSA and its implementing regulations make it unlawful for a physician registered with the Drug Enforcement Administration (DEA) to dispense a controlled substance unless the prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of her professional practice. Violations of this requirement create civil penalty exposure of up to $25,000 per violation.

United States Attorney Hartunian said: “Our office is committed to using all of the tools at our disposal to ensure that controlled substances are prescribed and dispensed appropriately, an issue of special importance when the prescriptions concern opioids. This settlement reflects our willingness to use the civil penalty provisions of the CSA against providers that fail to fulfill their obligations under applicable regulations and to their patients.”

DEA Special Agent in Charge James Hunt stated, “This case brings to light how a substance abuse counselor, like Nancy Blake, used someone’s battle with addiction to feed her own. It is also a reminder how easily drug addiction can overpower one’s life and have damaging consequences.”

The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York and the Drug Enforcement Administration. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.