Northern District of New York
Press releases recorded for this federal judicial district.
Dominican Citizen Sentenced on Gun, Drug and False Identity ChargesRead the Press Release
SYRACUSE, NEW YORK – Johan Rijo-Richiez, age 30, and a citizen of the Dominican Republic residing in Utica, New York, was sentenced today to 35 months in prison, to be followed by 3 years of supervised release, for conspiring to distribute cocaine, illegal firearm possession, and three identity theft-related convictions.
The announcement was made by United States Attorney Richard S. Hartunian and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
The sentence followed Rijo-Richiez’s December 20, 2016 guilty pleas to (1) conspiracy to distribute cocaine, (2) possession of a firearm by an illegal alien, (3) aggravated identity theft, (4) possession of a false identification document, and (5) falsely representing a Social Security Number to be one’s own when it was not.
As part of his guilty pleas, Rijo-Richiez admitted that: In early 2016, he conspired with codefendant Chanel Garcia-Enrique – sentenced on April 12, 2017 to 51 months’ imprisonment – and others to distribute between 200 and 300 grams of cocaine in the Utica area. At the time of his arrest on April 4, 2016, a 12-gauge shotgun was found in Rijo-Richiez’s residence. When questioned by law enforcement officers after his arrest, Rijo-Richiez falsely represented that his name was “Juan Ortiz Rodriguez,” provided a Social Security Number assigned to “Juan Ortiz Rodriguez,” and represented he was a United States citizen, born in Puerto Rico, when in fact he was a citizen of the Dominican Republic and was in the United States illegally.
Rijo-Richiez also possessed, at the time of his arrest, false identification documents, including a Puerto Rico driver’s license and birth certificate, all in the name of “Juan Ortiz Rodriguez” and bearing his photograph. In his guilty plea, Rijo-Richiez also acknowledged he knew the identity he stole was that of a real person.
Following his term of imprisonment, the Department of Homeland Security will place Rijo-Richiez into removal proceedings.
This case was investigated by the DEA, the Oneida County Drug Task Force, U.S. Customs and Border Protection, and the Central New York Drug Enforcement Task Force. This case was prosecuted by Assistant U.S. Attorney Carl G. Eurenius and Oneida County Assistant District Attorney Grant Garramone, who also serves as a Special Assistant U.S. Attorney.
Momentive Performance Materials to pay $1.25 million for violating federal and state environmental laws in Waterford, New YorkRead the Press Release
ALBANY, NEW YORK - Momentive Performance Materials Silicones, LLC (“MPM”) has agreed to pay a $1.25 million civil penalty to resolve a complaint alleging violations of federal and state environmental laws in connection with MPM’s use of an incinerator at a manufacturing facility that it owns and operates in Waterford, New York, announced the United States Attorney’s Office for the Northern District of New York, the Department of Justice, the Environmental Protection Agency (“EPA”), the New York State Attorney General’s Office, and the New York State Department of Environmental Conservation (“DEC”). Both the complaint and the settlement agreement were filed in United States District Court in Albany.
The allegations in the civil complaint, which is docketed as United States of America and the State of New York v. Momentive Performance Materials Silicones, LLC, Civil No 1:17-CV-470, include the following:
MPM purchased a manufacturing facility in Waterford, New York in 2006 from the General Electric Company (GE), and continues to operate it to this day. At the time of the purchase of the facility, a rotary kiln incinerator, which had been operated by GE for more than 25 years, was part of the manufacturing process. MPM manufactures various products at the facility, including sealants made of silicone. The silicone manufacturing process generates hazardous waste. MPM sought and received permits from DEC to dispose of the hazardous waste onsite, subject to compliance with the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA). MPM disposed of hazardous waste in the incinerator that included an automatic waste feed cut-off system designed to shut down the incinerator if MPM deviated from operating parameters designed to ensure compliance with the CAA and RCRA. Unbeknownst to federal and state authorities, MPM used a computer program to override the incinerator’s automatic waste feed cut-off system, allowing MPM to continue to burn hazardous waste in the incinerator in violation of its CAA and RCRA permits. On at least 4,213 occasions during the period of December 4, 2006 until December 31, 2008, MPM employees manually overrode the automatic waste feed cut-off system, thereby potentially exposing the public and the environment to harmful hazardous air pollutants, such as carbon monoxide, dioxins, and furans. Though its employees were violating federal and state law, MPM submitted, for the calendar years 2006 and 2007, compliance reports to the United States and the State of New York falsely attesting to compliance with RCRA, the CAA, and permits issued pursuant to those statutes. During its ownership and operation of the facility from the 1940s to 2006, GE committed similar violations, and in 2015 paid a $2.25 million civil penalty to resolve a civil complaint alleging that its employees also improperly overrode the incinerator’s automatic waste feed cut-off system while feeding hazardous waste into it.
MPM disclosed the extent to which its employees were improperly overriding the incinerator’s automatic waste feed cut-off system. Throughout the investigation, MPM also cooperated fully with the United States. In addition, MPM implemented new calibration procedures and modified equipment to address the issue. In light of its disclosure and subsequent cooperation, a civil penalty of $1.25 million was deemed appropriate.
“This settlement emphasizes that companies must adhere to mandated air pollution controls when disposing of hazardous wastes. Improper overrides threaten all of us with unnecessary exposure to harm”, said First Assistant United States Attorney Grant C. Jaquith. Jaquith commended EPA, DEC, the NYS Attorney General’s Office, and DOJ’s Environmental Enforcement Section for their contributions to this investigation.
This case was investigated by EPA and DEC, and is being handled by Assistant United States Attorneys Thomas Spina Jr. and Adam J. Katz, New York State Assistant Attorneys General Maureen F. Leary and James C. Woods, an attorney from the Department of Justice’s Environmental Enforcement Section, and assistant regional counsel from EPA’s office in New York City.
Mattydale Man Pleads Guilty to Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Steven Doty, 52, of Mattydale, New York, pled guilty yesterday to two counts of distribution of child pornography, one count of receipt of child pornography and one count of possession of child pornography.
The announcement was made by the United States Attorney Richard S. Hartunian and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Doty admitted to using peer-to-peer software to distribute videos of child pornography on July 6, 2015 and from July 16, 2016 through July 29, 2016. Doty also admitted to downloading a file directory containing approximately one-thousand (1000) images of child pornography and possessing thirty-two (32) “hard core” videos. Sentencing is scheduled for August 30, 2017, in Utica, New York.
Doty, who is detained in custody pending sentencing, faces a minimum term of imprisonment of five (5) years on the charges for distribution and receipt of child pornography. Doty faces a maximum term of imprisonment of twenty (20) years on all four counts. The Court is also required to impose a term of supervised release between five (5) years and life, and Doty will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency) and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Robert Levine.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Albany Man Sentenced to 60 Months on Firearm and Drug Trafficking ChargesRead the Press Release
ALBANY, NEW YORK – Calvin Strong, age 25, of Albany, New York, was sentenced today to 60 months of imprisonment for possessing a handgun and possessing with the intent to distribute cocaine, crack cocaine, and heroin.
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).
As part of his December 7, 2016 guilty plea, Strong admitted that on October 18, 2015, while inside of an apartment in Troy, New York, he unlawfully possessed a handgun and quantities of cocaine, crack cocaine, and heroin, all with the intent to distribute the drugs.
Senior United States District Judge Thomas J. McAvoy also imposed a 6-year term of supervised release, which will start after Strong is released from prison.
This case was investigated by the ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Richard Belliss.
Misdemeanor Immigration Prosecutions – April 2017Read the Press Release
Mexican Citizen Sentenced For Illegal Entry into United States
Luis Alejandro Lopez-Lopez, age 35, a citizen of Mexico, was sentenced on April 13, 2017 to time served (6 days in jail) following his guilty plea to illegally entering the United States. Lopez-Lopez admitted that on April 7, 2017, he walked across the border approximately one-quarter mile east of the Champlain Port of Entry, Champlain, New York, along Interstate 87, and he continued south on foot until he was stopped and arrested by Border Patrol Agents.
Italian Citizen Sentenced For Illegal Entry into United States
Salvatore Pisani, age 25, a citizen of Italy, was sentenced on April 27, 2017 to time served (17 days in jail) following his guilty plea to illegally entering the United States. Pisani admitted that on April 10, 2017, he walked across the border approximately five miles west of the Champlain Port of Entry, Champlain, New York, where he was stopped and arrested by Border Patrol Agents.
Jordanian Citizen Sentenced For Illegal Entry into United States
Abdalrahman M. Alnabriss, age 22, of Jordan, was sentenced on April 27, 2017 to 21 days in jail following his guilty plea to illegally entering the United States. Alnabriss admitted that on April 18, 2017, he walked across the border from Dundee, Quebec into Westville, New York, where he was stopped and arrested by Border Patrol Agents.
Haverhill, Massachusetts Man Charged with Making and Distributing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Michael McCann, 30, of Haverhill, Massachusetts and formerly of Ilion, New York, was charged in Federal Court in Syracuse with one count of Sexual Exploitation of a Minor, a federal felony offense, announced United States Attorney Richard S. Hartunian, Federal Bureau of Investigation (FBI) Special Agent in Charge Vadim Thomas of the FBI Albany Field Office, and New York State Police Superintendent George P. Beach, II.
McCann was arrested on Monday April 24, 2017 in Haverhill, Massachusetts and made his initial appearance in Federal Court in Boston, Massachusetts the following day. He was remanded to custody without bail, pending his appearance in the Northern District of New York at a date yet to be determined. The filed criminal complaint alleges on April 16, 2017 in Herkimer County, New York, the defendant took photos of a child less than five years of age engaging in sexually explicit conduct with him, for the purpose of distribution. The criminal complaint also alleges that the defendant sent these images via the internet to an undercover FBI Task Force Officer in Little Rock, Arkansas on April 18, 2017.
The charge filed against Michael McCann carries a minimum sentence of 15 years and a maximum sentence of 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least five years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charge in the complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Anyone whose children may have had contact with McCann is asked to contact the New York State Police BCI in Herkimer, NY at (315) 866-7275 or the FBI Lowell MA Resident Agency at (978) 454-6972. All information will be kept confidential.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, a federal task force that investigates cases involving the sexual exploitation of children. The task force consists of FBI Agents and New York State Police Investigators. This investigation was conducted with the assistance of the FBI Little Rock, Arkansas Field Office, the FBI Lowell, Massachusetts Resident Agency, the Herkimer County District Attorney’s Office, the Herkimer County Child Advocacy Center, Herkimer County Child Protective Services, the Village of Ilion, NY Police Department and the Haverhill, Massachusetts Police Department and is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Carina Schoenberger.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Illegal Alien Sentenced for Illegal Possession of a Firearm and False Identification DocumentsRead the Press Release
SYRACUSE, NEW YORK – Hamlet Severino De La Rosa, 41, a citizen of the Dominican Republic residing in Utica, New York, was sentenced today to serve 24 months imprisonment, to be followed by 3 years of supervised release, announced United States Attorney Richard S. Hartunian and James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA). The sentence followed Severino De La Rosa’s December 20, 2016 guilty plea to possession.of a firearm by an illegal alien, possession of a false identification document, and falsely representing a social security number.
As part of his guilty plea, Severino De La Rosa admitted that at the time of his arrest in April of 2016, he possessed an unloaded 12-gauge shotgun under the mattress of his bed. Severino De La Rosa also admitted to possessing false identification documents, including a Puerto Rico birth certificate, a social security card, and New York State driver’s license, all in the name of another person. The defendant admitted he possessed these identification documents with the intent to deceive authorities and others into thinking that he was a U.S. citizen born in Puerto Rico, and not his true identity, Hamlet Severino De La Rosa, a citizen and national of the Dominican Republic, living in the United States illegally. Because he was in the United States as an illegal alien, De La Rosa could not legally possess a firearm under federal law.
This case was investigated by the Drug Enforcement Administration (“DEA”), the Oneida County Drug Task Force, the Department of Homeland Security - U.S. Customs and Border Protection, and the Central New York Drug Enforcement Task Force, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius and Oneida County Assistant District Attorney Grant Garramone, a Special Assistant U.S. Attorney.
Honduran Man Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jose Martir Romano-Hernandes, age 45, and a citizen of Honduras, pled guilty yesterday to illegal re-entry into the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Romano-Hernandes was removed from the United States to Honduras on November 26, 1997. On March 14, 2017, he was found by Border Patrol near the Canadian border in Champlain, New York. Romano-Hernandes admitted that he returned to the United States without permission following the 1997 removal, and had been living in Salisbury, North Carolina.
As a result of his conviction, Romano-Hernandes faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Lawrence E. Kahn. 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, Champlain Station, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Long Island Men Sentenced to Prison for Methylone ConspiracyRead the Press Release
ALBANY, NEW YORK – Two Long Island men were sentenced to prison and fined on Friday for their roles in a conspiracy to distribute the controlled substance methylone.
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).
In September 2014, Douglas Marshall, age 25, of Lindenhurst, New York, and Anthony Carlson, age 25, of Merrick, New York, pled guilty to conspiring to possess with intent to distribute methylone. Methylone is an analogue of MDMA and often marketed as ecstasy.
On August 23, 2013, Marshall and Carlson were arrested in Saratoga Springs, New York, after selling 1 kilogram of methylone in exchange for $14,000 in cash. A search of Carlson’s residence in Bellmore, New York, later that day uncovered an additional kilogram of methylone, cocaine, a scale, and 2 firearms.
Senior United States District Judge Thomas J. McAvoy sentenced Marshall to 21 months in prison and fined him $5,000. Carlson, who was found to have possessed the 2 firearms in connection with his drug trafficking activities, was sentenced to 29 months in prison and fined $5,000. Both men were also ordered to serve 3 years of post-imprisonment supervised release. They also forfeited $15,000 in drug proceeds.
This case was investigated by the DEA and the Saratoga Springs Police Department, and prosecuted by Assistant United States Attorney Wayne A. Myers.
U.S. Attorney Richard S. Hartunian Remembers Sol Greenberg, Former Albany County District AttorneyRead the Press Release
ALBANY, NEW YORK – Upon the passing of former Albany County District Attorney Sol Greenberg, United States Attorney Richard S. Hartunian today paid tribute to his former boss as one of the giants of the legal profession and someone who exemplifies public service:
“Sol Greenberg established the gold standard for district attorneys. He was a devoted husband and father and cared deeply about people, and especially his assistant district attorneys and support staff, the residents of the county he served, crime victims, and those involved in securing justice for them. Sol pioneered the use of DNA to identify perpetrators of crimes and was ahead of his time in embracing the idea of crime prevention through education, recognizing even then that we cannot merely prosecute and imprison our way to safe communities. As we remember his life well lived, we give thanks for Sol’s decades of distinguished public service to our nation, our profession, and our community; for a legacy of lawyers who learned to serve the law in his office, by his words and example; and for his unwavering dedication to the fair administration of justice.”
Hon. Richard S. Hartunian, United States Attorney for the Northern District of New York, with Former Albany County District Attorney Sol Greenberg at an Albany County Bar Association Tribute Luncheon, April 2, 2015 in Albany, NY.
Former Ithaca College Student Pleads Guilty to Transportation and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Nicholas Feminella, age 21, of Ithaca, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to one count of transportation of child pornography, and one count of possession of child pornography, announced United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation. Feminella, who was detained pending his sentencing, faces at least five years of imprisonment and up to 20 years of imprisonment on the transportation count and up to 20 years of imprisonment on the possession count. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. The Court will also impose a term of supervised release of between five (5) years and life, and Feminella will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his guilty plea, Feminella admitted that he transported videos of child pornography by uploading them from his computer to a Drop Box account. On November 3, 2015, investigators searched Feminella’s residence, and recovered thousands of images and hundreds of videos depicting child pornography. Sentencing is scheduled for September 11, 2017, in Albany, New York.
This case is being investigated by Federal Bureau of Investigation, the New York State Police-Computer Crime Unit and the New York State Police, Troop C, and is being prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Troy Man Sentenced for Gun and Drug CrimesRead the Press Release
ALBANY, NEW YORK – Vashawn Dawkins, age 24, of Troy, New York, was sentenced today to 60 months and one day in prison for possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to distribute cocaine.
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).
The sentence followed Dawkins’s November 22, 2016 guilty plea. U.S. District Judge Mae A. D’Agostino also imposed a 4-year term of supervised release.
On August 8, 2016, Dawkins possessed more than 500 grams of cocaine together with a 9 millimeter semi-automatic pistol hidden in a basement closet along with other drugs and drug paraphernalia, including a digital scale and chemicals used to convert powder cocaine to crack cocaine. As part of his plea, Dawkins admitted that he purchased the gun in exchange for cash and crack cocaine.
This case was investigated by the ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
Syracuse Woman Pleads Guilty to Child Exploitation ChargesRead the Press Release
SYRACUSE, NEW YORK – Emily Oberst, 24, of Syracuse, New York pled guilty today in federal court to one count of conspiracy to sexually exploit children and 11 counts of child exploitation, announced United States Attorney Richard S. Hartunian and FBI Special Agent in Charge Vadim Thomas of the FBI Albany Division. The proposed plea agreement calls for her to serve a jail term of 60 years, followed by a life term of supervised release after her release from custody. The agreement includes a provision giving up her right to appeal the case. The guilty plea today will also require her to register as a sex offender.
The investigation leading to the guilty plea today began on March 4, 2016 when a Task Force Officer assigned to the Washington, D.C. Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), acting in an undercover capacity, began texting with Oberst’s Co-defendant Jason Kopp. In texts between the two, Kopp told the undercover officer that he had pictures of a female infant that were sent to him by a woman acquaintance, later identified as Emily Oberst, and distributed images of the infant to the officer. FBI Special Agents, assisted by the New York State Police, arrested Jason Kopp in Liverpool, New York on March 18, 2016. Subsequent investigation led to the arrest of Emily Oberst and established that she took sexually explicit visual images of two children that she later sent to Jason Kopp. One of the children was an infant female, and the other a four-year old girl.
Kopp previously pled guilty to a 28 count indictment charging conspiracy to sexually exploit children, child sexual exploitation, and other child pornography offenses. On September 13, 2016, he was sentenced to serve 235 years in prison. Emily Oberst is scheduled to be sentenced on August 18, 2017.
This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency), the New York State Police and the Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), and is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Robert Levine.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Second Syracuse Man Pleads Guilty in Connection with Nedrow Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Andrew Grady, 24, of Syracuse pled guilty today in federal court to conspiracy to steal firearms from a licensed dealer in connection with the November 20, 2014 break-in at Intimidator Sports in Nedrow, New York, where nine (9) handguns were stolen, announced United States Attorney Richard S. Hartunian and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Ashan M. Benedict.
The burglary occurred during the early morning hours of November 20, 2014, when two persons used a sledgehammer to smash through the front doors of Intimidator Sports, triggering an alarm. Bolt cutters were used to sever a cable securing the nine (9) handguns to a display case after which the thieves fled with the stolen firearms. On January 5, 2015, Syracuse Police stopped a car driven by Leron Ross for failing to observe a stop sign. As officers were checking the status of his suspended driver’s license, Leron Ross drove off. During the ensuing pursuit, Syracuse Police saw Ross throw a handgun from the window of his car, which was later recovered and found to be a Glock .45 caliber pistol stolen in the break-in. A subsequent search warrant executed on the car by Onondaga County Sheriff’s detectives located a sledgehammer and gloves identical to those used in the burglary. Since the burglary, Syracuse Police have recovered four (4) of the stolen pistols in various locations.
Leron Ross was prosecuted by the Onondaga County District Attorney’s Office for Criminal Possession of a Weapon in the Third Degree, and after pleading guilty, was sentenced to serve three and one half to seven years in state prison. The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Onondaga County Sheriff’s Department continued to investigate and later filed a federal criminal complaint charging Leron Ross and Andrew Grady with the burglary and conspiracy. Leron Ross pled guilty on June 14, 2016 in federal court to stealing all nine (9) handguns and was subsequently sentenced to serve 60 months in federal prison and ordered to pay $6,686.00 in restitution to the victim.
Sentencing for Andrew Grady is scheduled for August 17, 2017, at which time he could receive up to five (5) years in prison, a term of supervised release of up to three (3) years, a special assessment of $100, and a fine of up to $250,000.00. In addition, the Court can order restitution to the victim.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Onondaga County Sheriff’s Department, and the Syracuse Police Department and is being prosecuted by Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon with assistance from the Onondaga County District Attorney’s Office.
Nigerian Man Pleads Guilty to Hacking and Fraud SchemeRead the Press Release
UTICA, NEW YORK – Obinna Obioha, age 31, and a citizen of Nigeria, pled guilty today to wire fraud, and admitted to participating in a scheme to hack into computers and email accounts in the United States for the purpose of stealing money from American companies.
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.
As part of his guilty plea, Obioha admitted that, while in Nigeria, he worked with others to hack into computers and email accounts used by dozens of victims in the United States and around the world. After monitoring victims’ information to identify imminent commercial transactions, Obioha and his associates created knockoff email addresses that appeared similar to – but varied slightly from – victims’ legitimate email addresses.
Obioha and his associates then used those bogus email accounts to send fraudulent invoices to victims, instructing them to wire funds to bank accounts controlled by Obioha and his associates, under the pretense that the wires were payments for actual deals that had been previously negotiated by the victims. Obioha admitted that between January and September 2016, he was involved in at least 50 wire transfers, and that about $6.5 million was sent to the bank accounts that he and his associates controlled. The accounts received money from fraud victims in New York, Florida, Illinois, Ohio, and Texas, among other places.
Obioha was arrested on October 6, 2016, after flying from Lagos, Nigeria, to JFK International Airport. He has been in custody since that time.
United States Attorney Richard S. Hartunian said: “Foreign criminal enterprises prey upon American businesses and are using increasingly sophisticated means to do so, as demonstrated by this scheme. Obioha’s apprehension and conviction is a reminder that foreign nationals targeting American businesses cannot operate with impunity and that the reach of U.S. law enforcement agencies is global.”
“The FBI plays the long game,” said FBI Special Agent in Charge Vadim D. Thomas. “Today's plea is proof that no matter how distant justice may seem, no matter where criminal enterprises may operate, the FBI and our law enforcement partners are committed to securing justice for our businesses and communities.”
Obioha faces up to 20 years in prison and a maximum $250,000 fine, as well as the possibility of being ordered to pay restitution, when he is sentenced on July 26, 2017 by United States District Judge David N. Hurd. 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 Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Illegal Alien Sentenced for Participation in Cocaine Conspiracy, Illegal Possession of a Firearm, and False Identification DocumentsRead the Press Release
Defendant will be Subject to Deportation Proceedings after a 51 Month Prison Sentence
SYRACUSE, NEW YORK – Chanel Garcia-Enrique, 37, a citizen of the Dominican Republic residing in Utica, New York, was sentenced yesterday to be imprisoned for 51 months, to be followed by 3 years of supervised release, announced United States Attorney Richard S. Hartunian and James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA). The sentence followed Garcia-Enrique’s October 7, 2016 guilty pleas to conspiracy to distribute cocaine, possession of a firearm by a convicted felon, possession of a false identification document, and making a false statement.
As part of his guilty pleas, Garcia-Enrique admitted that: In early 2016, Garcia-Enrique conspired with others to distribute over 500 grams of cocaine in the Utica area. At the time of his arrest, Garcia-Enrique was lying in bed with a loaded 20-gauge shotgun. When first questioned by law enforcement officers, Garcia-Enrique said his name was “Avelino Vargas” and that he was a United States citizen, born in Puerto Rico, when in fact, he was a citizen of the Dominican Republic and was in the United States illegally. Garcia-Enrique also possessed, at the time of his arrest, false identification documents, including a New York State driver’s license and two New York State identification cards, all in the name of “Avelino Vargas” and bearing the defendant’s photograph. Garcia-Enrique previously was convicted in Oneida County of criminal possession of a controlled substance in the fifth degree, a felony.
United States Attorney Richard S. Hartunian said, “The serious crimes committed by this cocaine conspirator with a loaded shotgun who abused our immigration system underscore the importance of vigorous enforcement of these offenses to preserving public safety. The close collaboration of federal, state, and local law enforcement agencies that led to this sentence is the most effective way to secure justice.”
DEA Special Agent in Charge James Hunt stated, “The fact that Garcia-Enrique slept in his bed with a loaded 20-gauge shotgun is a reminder to the public that drug dealers are dangerous for more reasons than just distributing poison. Violent crime goes hand in hand with drug trafficking in every city. And in our city, DEA, along with our state, local and federal partners, have collaborated to remove these threats that lead to drug addiction and drug-related crimes.”
This case was investigated by the Drug Enforcement Administration (“DEA”), the Oneida County Drug Task Force, the Department of Homeland Security - U.S. Customs and Border Protection, and the Central New York Drug Enforcement Task Force, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius and Oneida County Assistant District Attorney Grant Garramone, a Special Assistant U.S. Attorney.
Fort Edward Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Michael R. Bush, age 48, of Fort Edward, New York, pled guilty today to three counts of receiving 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.
As part of his guilty plea, Bush admitted that in October 2016 he used his phone to download from the Internet over 20 image files containing child pornography. The images depicted sexual abuse of children as young as 3 years old.
Bush, who has been in custody since his arrest on October 21, 2016, is scheduled to be sentenced on August 9, 2017 by United States District Judge Mae A. D’Agostino. He faces at least 5 years and up to 20 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine. He will also have to register as a sex offender when he is released from 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 case was investigated by the FBI, New York State Police, and the Warren County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Utica Man Pleads Guilty to Possessing Firearm as a Convicted FelonRead the Press Release
SYRACUSE, NEW YORK – Norman Hamlin, 47, of Utica, New York, pled guilty today to being a felon in possession of a firearm, announced 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).
As part of his plea, Hamlin admitted that on February 6, 2016, he possessed and sold a Beretta .22 caliber pistol, manufactured in Maryland, and previously reported stolen from a residence in Vienna, New York. Hamlin was prohibited from possessing the pistol because he has sustained prior felony convictions.
At sentencing on August 10, 2017, Hamlin faces up to 10 years in prison, a $100 special assessment, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Previously Removed Alien Sentenced for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK - Willy Rodriguez, 32, of Boston, Massachusetts, was sentenced today to a term of “time served,” (7 ½ months) in prison by Senior United States District Court Judge Frederick J. Scullin, announced United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Field Office Director, Immigration and Customs Enforcement, Enforcement Removal Operations (ICE/ERO), Buffalo Field Office. In December 2016, Rodriguez pled guilty to a violation of the Immigration and Nationality Act, which prohibits previously removed aliens from entering, attempting to enter, or being found in the United States without prior application and consent of the Department of Homeland Security. Rodriguez will now be eligible for removal proceedings from the United States.
Rodrigueaz was prosecuted after he was encountered by City of Amsterdam Police and ICE officers in Amsterdam, New York on August 23, 2016. ICE determined that Rodriguez was an alien unlawfully present in the United States and arrested him. A check of Rodriguez’s fingerprints by ICE indicated that he had been deported and removed from the United States to the Dominican Republic in 2011. Rodriguez was removed to his native Dominican Republic in 2011 after he was convicted in Providence, Rhode Island of a drug trafficking offense.
The case was investigated by the United States Department of Homeland Security, ICE Enforcement & Removal Operations (ERO), with the assistance of the Amsterdam NY Police Department, and prosecuted by Assistant US Attorney Edward P. Grogan.
Albany Woman Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
ALBANY, NEW YORK – Stacey E. Mendoza, age 40, of Albany, pled guilty today to being a felon in possession of a firearm.
The announcement was made by United States Attorney Richard S. Hartunian and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of her guilty plea, Mendoza admitted that on the evening of June 21, 2016, she fired a 12-gauge shotgun out of the window of a third-story apartment on Clinton Avenue, during a dispute with a neighbor. As a convicted felon, Mendoza could not legally possess the Winchester Model 1300 pump-action shotgun.
Mendoza, who has been in custody since December 12, 2016, is scheduled to be sentenced on August 9, 2017 by United States District Judge Mae A. D’Agostino. She faces up to 10 years in prison and up to 3 years of post-imprisonment supervised release, and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by ATF and the Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
New Jersey Man Admits Wire FraudRead the Press Release
ALBANY, NEW YORK – Michael Pampalone, age 34, of Elizabeth, New Jersey, pled guilty today to defrauding a Rensselaer, New York, resident of $132,450.
The announcement was made by United States Attorney Richard S. Hartunian and Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.
As part of his guilty plea, Pampalone admitted that he stole money that he had promised to hold in escrow for a client seeking a mortgage. After the client sent him two wires totaling $132,450, Pampalone withdrew the money and used it for his own purposes.
Sentencing is scheduled for August 9, 2017 at 10:30 a.m. before United States District Judge Mae A. D’Agostino. Pampalone faces up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Postal Inspection Service and New York State Police, and is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Oswego County Prevention Coalition and United States Attorney’s Office to Screen Opiate Drugs Documentary in Oswego on Tuesday Evening April 11, 2017Read the Press Release
SYRACUSE, NEW YORK - In response to the growing epidemic of prescription drug and heroin abuse, the Oswego County Prevention Coalition and the United States Attorney’s Office for the Northern District of New York are jointly sponsoring a community event April 11th at the Oswego Elks Lodge.
The evening begins at 5:30 PM with agency resource tables and will feature a 6:30 PM showing of “Chasing the Dragon,” a 45-minute documentary film that profiles the stories of real people and their families experiencing opiate addiction, loss and treatment. Created by the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA), “Chasing the Dragon” profiles the cycle of addiction and looks at the tragic consequences associated with opioid abuse. Immediately following the film will be an interactive community panel discussion focusing on the local response in Oswego to the epidemic of opiate drug addiction.
April 11, 2017 – Anti-Opiate/Heroin Community Event
5:30 PM resource tables
6:30 – 8:30 PM “Chasing the Dragon” Documentary and Community Panel
Oswego Elks Lodge, 132 West 5th Street, Oswego, NY 13126
United States Attorney Richard S. Hartunian said, “The opioid drug epidemic has afflicted communities, families, and individuals throughout the thirty-two counties of the Northern District of New York and across the nation. My office will continue to work with local drug coalitions to bring ‘Chasing the Dragon: the Life of an Opiate Addict’ and its powerful prevention message to a wide audience. Only by working together to prevent the tragedy of addiction and loss, can we begin to overcome this grave threat to public health and safety.”
The documentary features interviews with former addicts and their families discussing the effects of addiction, and how the opiate epidemic is unlike any this country has seen in the past. Also included are medical and law enforcement professionals discussing opiate drugs and the current crisis. “Chasing the Dragon” provides a vivid and thought provoking message of prevention and includes strong language and graphic images suitable for children age 12 and up.
New Jersey Man Indicted for Possessing Crack and Heroin with Intent to DistributeRead the Press Release
PLATTSBURGH, NEW YORK – Markell Reyes, age 19, of Jersey City, New Jersey, was indicted yesterday for possessing crack cocaine and heroin with the intent to distribute them.
The announcement was made by United States Attorney Richard S. Hartunian; Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector; and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
According to a complaint filed on March 21, 2017, Reyes got out of a taxi in Ogdensburg, New York, and fled on foot after he encountered a Border Patrol agent who had been questioning the driver of the taxi. He was ultimately detained and a search of his bag, which was left in the taxi, revealed approximately 60 grams of crack, 250 bags of heroin, and a revolver.
On March 21, 2017, Reyes appeared in Plattsburgh, before United States Magistrate Judge Gary L. Favro, and was detained pending a trial before United States District Court Judge David N. Hurd. If convicted on all counts, Reyes faces at least 5 years and up to 40 years in prison; a term of post-imprisonment supervision of at least 4 years and up to life; and a fine of up to $5 million. 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 U.S. Border Patrol and DEA, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Mexican Citizen Sentenced for Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Juan Gonzalez Hernandez, age 26, of Mexico, was sentenced today to time served (27 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, Gonzalez Hernandez admitted that he returned to the United States after he was removed to Mexico on April 28, 2012 and again on May 7, 2012.
On March 7, 2017, Gonzalez Hernandez was arrested by ICE Officers at a residence in Hudson Falls, New York.
Following his sentencing, Gonzalez Hernandez was remanded to the custody of the Department of Homeland Security, which will place Gonzalez Hernandez into removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.
Indian Man Pleads Guilty to Use of a False PassportRead the Press Release
PLATTSBURGH, NEW YORK – Manish Patel, age 43, and a citizen of India, pled guilty today to use of a false passport, announced United States Attorney Richard S. Hartunian.
As part of his guilty plea, Patel admitted to presenting a forged Indian passport to Border Patrol agents in the early-morning hours of January 20, 2017. Patel used the forged passport –which was in another person’s name, but bore Patel’s photograph – to fly from India to Toronto, by way of London, prior to illegally entering the United States.
Sentencing is scheduled for August 16, 2017 at 11:30 a.m. before Senior United States District Judge Norman A. Mordue. Patel faces up to 10 years in prison and up to 3 years of post-imprisonment supervised release, and a $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Border Patrol and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Former U.S. Army Sergeant Sentenced on Tax ChargesRead the Press Release
SYRACUSE, NEW YORK - Bobby Lemon, 36, of McRae, Georgia, was sentenced yesterday to serve a term of imprisonment of 12 months and one day in connection with his plea of guilty to aiding and assisting in the preparation of a false and fraudulent tax return and filing a false income tax return, announced United States Attorney Richard S. Hartunian and Kathy A. Enstrom, Acting Special Agent-in-Charge, the Internal Revenue Service, Criminal Investigation (IRS-CI), New York Field Office. Lemon was also ordered to pay $115,391 in restitution and will serve a one–year term of supervised release following his release from prison.
On March 25, 2016, Lemon, a 17-year veteran of the U.S. Army, pled guilty and admitted to preparing false tax returns for soldiers while deployed to Afghanistan and while stationed at Fort Drum, New York. The defendant used false information, such as filing status and dependents, to generate fraudulent refunds, a portion of which was deposited in his personal bank account. Lemon prepared 30 false income tax returns for the 2011 and 2012 tax years and did not disclose the fraudulent refund payments he received on his own income tax return.
This case was investigated by the Internal Revenue Service, Criminal Investigation (IRS-CI), New York Field Office and was prosecuted by Assistant U.S. Attorney Tamara Thomson.
Canandaigua Man Pleads Guilty to Threatening Mass Shooting at Albany VARead the Press Release
ALBANY, NEW YORK – Robert J. Seifert, age 58, of Canandaigua, New York, pled guilty today to threatening to commit a mass shooting at the Stratton VA Medical Center in Albany.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Donna L. Neves of the U.S. Department of Veterans Affairs (VA) Office of Inspector General, Northeast Field Office.
Seifert pled guilty to a charge of making an interstate threat to injure another. He admitted that on June 15, 2016, he made a phone call to a Veterans Crisis Line operator in Portland, Oregon, in which he stated “I got an Uzi and I wanna kill everybody at the Albany VA,” “Watch what happens when I get to the Albany VA with my Uzi and I start shooting people up,” and “I’m going to [expletive] kill everybody there.”
Seifert has been in custody since July 14, 2016. As part of the plea agreement, the government and Seifert’s attorney asked the Court to impose a sentence of time served at the time of sentencing, as well as 3 years of post-imprisonment supervised release. Sentencing is scheduled for July 28, 2017 before United States District Judge Mae A. D’Agostino.
This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Schenectady Woman Sentenced to 37 Months for Lottery ScamRead the Press Release
ALBANY, NEW YORK – Kimberly Powell, age 38, of Schenectady, New York, was sentenced today to serve 37 months in prison for her participation in a Jamaica-based lottery scam that targeted elderly victims.
The announcement was made by United States Attorney Richard S. Hartunian and Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.
United States District Judge Mae A. D’Agostino also sentenced Powell to a 3-year term of supervised release, to begin once she completes her prison term.
As part of her August 3, 2016 guilty plea to mail fraud charges, Powell admitted to working with her husband Jeragh Powell, and others, to mail false lottery prize notifications to mostly elderly people located throughout the United States. The fraudulent prize notification letters congratulated the victims on winning a recent drawing and instructed them to pay tens of thousands of dollars in “fees and taxes,” and “shipping and handling,” in order to receive their purported prize money and cars. Members of the conspiracy located in Jamaica also communicated with the victims by telephone, directing them to make payments to people in the United States.
Kimberly Powell and her husband Jeragh Powell, age 26 and a citizen of Jamaica, received more than $65,000 from victims of the scheme, and forwarded a large portion of the proceeds to Jeragh Powell’s associates in Jamaica. Jeragh Powell was prosecuted and also pled guilty to mail fraud. On January 31, 2017, Judge D’Agostino sentenced him to 41 months in prison.
This case was investigated by the USPIS, Homeland Security Investigations (HSI), and the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.
Mexican Citizen Sentenced for Illegal Re-Entry into United StatesRead the Press Release
UTICA, NEW YORK – Gilberto Trevizo-Molina, age 46, a citizen of Mexico, was sentenced today to time served (50 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Trevizo-Molina admitted that he unlawfully returned to the United States after he was removed to Mexico on May 29, 2007.
On February 8, 2017, Trevizo-Molina was arrested by Border Patrol agents, who encountered him as a passenger in a vehicle that stopped at a Border Patrol checkpoint on New York State Route 30. He was residing in Charlotte, North Carolina, at the time of his arrest.
Following his sentencing by United States District Judge David N. Hurd, Trevizo-Molina was remanded to the custody of the Department of Homeland Security, which will place Trevizo-Molina into removal proceedings.
This case was investigated by the United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.
Former Federal Corrections Officer Arraigned on Bribery ChargesRead the Press Release
PLATTSBURGH, NEW YORK – Carlos Ochoa, age 31, of Puerto Rico, was arraigned today on charges that he accepted a bribe from an inmate while he was a corrections officer at Federal Correctional Institution (FCI) Ray Brook.
The announcement was made by United States Attorney Richard S. Hartunian; Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and Ronald G. Gardella, Special Agent in Charge of the New York Field Office of the Office of the Inspector General of the U.S. Department of Justice.
Ochoa is charged with conspiracy to commit bribery, bribery by a public official, and providing contraband to a federal inmate.
According to the indictment, Ochoa agreed to accept money in exchange for smuggling an iPhone to Richard Coleman, an inmate at FCI Ray Brook. Ochoa then successfully smuggled the iPhone into the facility and provided it to Coleman, who used the phone to communicate with people outside of the facility. The phone was discovered during a cell search on March 8, 2013.
In addition to Ochoa, the indictment charges Coleman with conspiracy to commit bribery, bribery of a public official, and possession of contraband by a federal inmate.
The charges in the indictment are merely accusations. The defendants are presumed innocent until proven guilty.
If convicted of all charges, Ochoa faces up to 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Ochoa appeared today before United States Magistrate Judge Gary L. Favro, who ordered Ochoa detained pending trial before Senior United States Judge Frederick J. Scullin, Jr. Ochoa was already in custody on federal charges in Puerto Rico. He is accused there of accepting a bribe as a corrections officer at the Metropolitan Detention Center in Guaynabo, Puerto Rico, as well as supplying a firearm and ammunition to a prohibited person, and attempting to aid and abet possession with intent to distribute a controlled substance.
This case is being investigated by the FBI and the U.S. Department of Justice Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Douglas Collyer.
Jury Convicts Schenectady Felon of Firearm and Drug ChargesRead the Press Release
ALBANY, NEW YORK – A jury today convicted Edwin Ferrer, age 44, of Schenectady, New York, of unlawfully possessing a firearm and ammunition, as well as a small quantity of crack cocaine.
The announcement was made by United States Attorney Richard S. Hartunian and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.
The jury’s verdict followed a 3-day trial before United States District Judge Mae A. D’Agostino. The evidence at trial showed that on December 18, 2015, Ferrer was driving his Cadillac SUV in Schenectady when he accidentally shot himself in the leg with his Smith & Wesson pistol. Investigators searched his SUV and recovered the pistol, four rounds of ammunition, and approximately a quarter of a gram of crack cocaine. As a felon, Ferrer was prohibited from possessing the pistol and ammunition.
Ferrer faces up 10 years in prison, 3 years of post-imprisonment supervised release, and a fine of up to $250,000 when he is sentenced on July 26, 2017 by Judge D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the ATF and the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
North Country Felon Sentenced for Weapons PossessionRead the Press Release
SYRACUSE, NEW YORK –James L. Archer, Sr., age 52, of Au Sable Forks, New York, was sentenced today to 46 months in prison for possessing firearms and ammunition as a felon.
The announcement was made by United States Attorney Richard S. Hartunian; United States Marshal David McNulty of the Northern District of New York; Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Clinton County Sheriff David Favro.
On August 22, 2016, members of the United States Marshals Service, ATF, and Clinton County Sheriff’s Department executed a search warrant at Archer’s residence in Ausable Forks and found 8 firearms and approximately 1,757 rounds of ammunition hidden on the property. As a result of felony sex abuse convictions, Archer was prohibited from possessing the firearms and ammunition.
Senior United States District Judge Norman A. Mordue also ordered Archer to serve 3 years of post-imprisonment supervised release.
This case was investigated by the United States Marshals Service, ATF, and the Clinton County Sherriff’s Department, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Anthony Vita Pleads Guilty to Distributing Fatal Fentanyl-Laced Heroin to Pregnant WomanRead the Press Release
SYRACUSE, NEW YORK - Anthony Vita, 37, of Syracuse, New York, pled guilty today to distributing a controlled substance, announced United States Attorney Richard S. Hartunian and James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA).
Sentencing is scheduled for July 31, 2017 at 11:00 am before Senior United States District Judge Norman A. Mordue. According to the terms of the plea agreement, Vita will be sentenced to 15 years of imprisonment. He also faces a term of supervised release of between three years and life, a fine of up to $1,000,000, and a special assessment of $100.
As part of his guilty plea today, Vita admitted that on November 7, 2015, he sold seven bags of heroin laced with fentanyl to a 24-year-old woman who was five months pregnant. Before the sale, the victim told Vita that she had not used heroin in five months and asked him to provide her with a syringe. As requested, he delivered a syringe and seven bags of the heroin/fentanyl mixture. She injected the mixture and died due to acute opiate intoxication.
“Today the defendant accepted responsibility for killing a young woman by selling her heroin laced with fentanyl. Thanks to the collaborative investigation by local police, the Onondaga County Sheriff’s Department and the DEA, the defendant is being held accountable, but the victim’s family continues to endure their unimaginable loss of a 24-year-old woman who was five months pregnant and struggling to overcome her addiction. We will continue to work tirelessly with our law enforcement partners to hold drug dealers accountable for fatal overdoses,” said United States Attorney Hartunian.
DEA Special Agent in Charge James J. Hunt stated, “There is no happy ending to this investigation, but justice has been served. DEA and our law enforcement partners used every resource to identify, track and arrest the defendant, who has pled guilty and will spend the next fifteen years behind bars.”
The case was investigated by the U.S. Drug Enforcement Administration (DEA), Syracuse Resident Office (with Assistance from DEA Norfolk, Virginia Resident Office), the Onondaga County Sheriff’s Department and the Town of Camillus (New York) Police Department, and was prosecuted by Assistant U.S. Attorneys Carla Freedman and Tamara Thomson.
New York Man Sentenced for False Statement at the BorderRead the Press Release
ALBANY, NEW YORK – Luis Augusto Santos Alonzo, age 50, of New York, New York, was sentenced today to one year in jail for making a false statement to federal officers during an immigration inspection.
The announcement was made by United States Attorney Richard S. Hartunian and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
On January 24, 2017, Santos Alonzo pled guilty. He admitted that he provided a false name and falsely claimed to be a United States citizen, born in Puerto Rico and residing in Pennsylvania, during an immigration inspection at the Champlain Port of Entry on June 18, 2016. Santos Alonzo admitted that he was in fact a citizen of the Dominican Republic and a lawful permanent resident of the United States.
Senior United States Judge Norman A. Mordue also imposed a 3-year period of supervised release, to begin after Alonzo’s release from jail.
This case was investigated by Customs and Border Protection and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Albany Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Paul A. Light, age 46, of Albany, New York, pled guilty today to distributing, receiving and possessing child pornography.
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).
Light maintained a collection of least 5,027 image files and 597 video files containing child pornography stored on at least 9 different computers and external hard drives. Using an online file-sharing website, Light distributed and received child pornography on at least 7 occasions from approximately March 28, 2015 through October 26, 2015.
Sentencing is scheduled for July 24, 2017 before Senior United States Judge Gary L. Sharpe. Light faces at least 5 years and up to 20 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine. He will also have to register as a sex offender when he is released from prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Syracuse Man Sentenced to Six Years in Prison for Receipt of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Gilbert Gonyea, 60, of Syracuse, New York, was sentenced today to serve 72 months in prison for receipt of child pornography, announced United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Gonyea admitted that he was in receipt of over fifteen hundred (1,500) images and approximately nine (9) videos depicting child pornography. On November 5, 2014, investigators searched Gonyea’s residence and recovered numerous DVDs and CDs on which Gonyea stored child pornography and had labeled “Downloads” with corresponding dates or years for when such images had been received from the internet.
Chief United States District Judge Glenn T. Suddaby also imposed a life term of supervised release, which will begin after Gonyea is released from prison, and ordered payment of a $100 special assessment. As a result of his conviction, Gonyea will be required to register as a sex offender upon his release from prison.
This case was prosecuted by Assistant United States Attorney Lisa M. Fletcher and Assistant United States Attorney Sahar L. Amandolare.
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.
Texas Woman Sentenced to 18 Months for Wire Fraud SchemeRead the Press Release
SYRACUSE, NEW YORK – Krystal L. Moreno, 31, of San Antonio, Texas, was sentenced today to serve eighteen (18) months in prison for wire fraud, announced United States Attorney Richard S. Hartunian, Special Agent in Charge Vadim D. Thomas, Albany Division of the Federal Bureau of Investigation (FBI) and New York State Police Superintendent George P. Beach. Her prison term will be followed by three (3) years of supervised release. United States District Judge Brenda K. Sannes also ordered Moreno to pay $213,948.09 in restitution to the thirty-five victims of her crime.
Monroe pled guilty to wire fraud on September 19, 2016 in connection with a scheme to defraud timeshare owners. As part of the fraud, Moreno received over $200,000 in wire transfers to bank accounts she opened in Texas. Victims of the scheme, including a resident of Clinton, New York, wired money believing that their timeshares would be sold when, in fact, no buyers existed.
This case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Carina H. Schoenberger and Robert S. Levine.
Oswego Man Sentenced to Seven Years in Prison for Child Pornography CrimesRead the Press Release
SYRACUSE, NEW YORK – James M. Moody, 42, of Oswego, New York, was sentenced today to serve eighty-four (84) months in prison for distributing, receiving and possessing child pornography, announced United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge, Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Moody admitted that he distributed images of child pornography using a peer-to-peer file-sharing program. On October 23, 2015, investigators searched Moody’s residence, and recovered 60 images and 40 videos depicting child pornography.
United States District Judge David N. Hurd also imposed a lifetime term of supervised release, which will begin following Moody’s release from prison, and ordered payment of a $300 special assessment. The defendant will be required to register as a sex offender upon his release from prison.
This case was investigated by Homeland Security Investigations (HSI) and was prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
West Monroe Man Sentenced to 262 Months in Prison for Distributing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Richard S. Buffham, 49, of West Monroe, New York, was sentenced today to serve 262 months in prison for distributing child pornography, announced 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 conviction was the result of a joint investigation by HSI, the New York State Police Troop D Computer Crime Unit, and the New York State Police, Bureau of Criminal Investigation (BCI-Pulaski).
As part of his guilty plea, Buffham admitted that he distributed images of child pornography in an online chat group on September 23, 2015, September 24, 2015, and September 27, 2015. A search warrant of the defendant’s home and computer was executed on June 16, 2016, leading to the recovery of evidence.
Senior United States District Judge Norman A. Mordue also imposed a lifetime term of supervised release, which will start after Buffham is released from prison, and ordered payment of a $300 special assessment. As a result of his conviction, Buffham will be required to register as a sex offender upon his release from prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was prosecuted by Assistant United States Attorney Geoffrey Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Utica Man Sentenced for Possessing Firearm and Ammunition as a Convicted FelonRead the Press Release
SYRACUSE, NEW YORK – Harold Jones, 23, of Utica, New York, was sentenced today to serve thirty (30) months in prison for being a felon in possession of a firearm and ammunition, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his previous guilty plea, Jones admitted that on April 20, 2016, he possessed and sold a Smith & Wesson model .40 caliber pistol and twelve (12) rounds of .40 caliber ammunition for $600. Jones was prohibited from possessing the pistol and ammunition because he was convicted of prior felony offenses.
Senior U.S. District Judge Frederick J. Scullin, Jr. also imposed a three (3) year term of supervised release, which will start after Jones is released from prison, and ordered him to pay a $100 special assessment.
This case was investigated by ATF (Syracuse Resident Office) and prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Ballston Spa Man Sentenced to 96 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Parker S. Sikand, age 25, of Ballston Spa, New York, was sentenced today to 96 months in prison for distributing, 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 Division of the Federal Bureau of Investigation (FBI).
United States District Judge Mae A. D’Agostino also ordered Sikand to serve a 15-year term of supervised release, to begin after his release from prison, and to pay restitution, in an amount to be determined by Judge D’Agostino at a later time, to a child pornography victim whose images Sikand possessed. Sikand must also register as a sex offender upon his release from prison.
As part of his November 23, 2016 guilty plea, Sikand admitted that while living in Troy, New York, in September and October 2012, he distributed, received and possessed videos depicting children, some as young as 2-3 years old, engaged in sexual acts. He admitted to distributing and receiving these videos through an Internet peer-to-peer file-sharing service, and to possessing them on a laptop computer and a separate computer hard drive.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Plattsburgh Man Sentenced to 16 Months for Illegally Possessing ShotgunRead the Press Release
ALBANY, NEW YORK – Marc T. Woodley., age 32, of Plattsburgh, New York, was sentenced today to 16 months in prison following his conviction for unlawfully possessing a shotgun.
The announcement was made by United States Attorney Richard S. Hartunian; Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Plattsburgh Police Chief Ken Parkinson.
Woodley was sentenced for possessing a Mossberg shotgun on June 22, 2015 after he called Plattsburgh Police to report a burglary at his apartment. Responding officers found nearly a pound of marijuana and the shotgun in Woodley’s bedroom. A further search of Woodley’s apartment revealed multiple smoking devices and a digital scale. As part of the burglary investigation, officers determined that an additional one and a half pounds of marijuana had been stolen from Woodley. As a user of marijuana, a controlled substance, Woodley was federally prohibited from possessing the Mossberg shotgun.
Chief United States District Judge Glenn T. Suddaby also ordered Woodley to serve 3 years of post-imprisonment supervised release.
This case was investigated by the Plattsburgh Police Department with assistance from the ATF, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Queens Man Sentenced for Alien SmugglingRead the Press Release
ALBANY, NEW YORK –Harpushpinder Singh, age 46, of Richmond Hill, New York, was sentenced Friday to time served (9 months in jail) as a result of his trial conviction for transporting aliens unlawfully present in the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Singh, an Indian citizen residing in Richmond Hill, Queens, was convicted after trial in October 2016 of transporting two Indian citizens who were in the country illegally, from Champlain, New York, until he encountered the Border Patrol immigration checkpoint on Interstate 87 in North Hudson, New York.
Singh had been incarcerated since his arrest on June 12, 2016. As part of his sentence issued by U.S. District Judge Mae A. D’Agostino, Singh will also serve one year of post-imprisonment supervised release.
This case was investigated by the United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Plattsburgh Man Sentenced to 121 Months in Prison for Child Pornography OffensesRead the Press Release
SYRACUSE, NEW YORK - Michael Kimball, age 29, of Plattsburgh, New York, was sentenced today to 10 years and 1 month in prison for distributing, transporting, 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.
As part of his guilty plea on October 20, 2016, Kimball admitted that he distributed child pornography to others over the Internet, downloaded child pornography, and saved it to electronic devices. Kimball worked at a daycare facility prior to his arrest on child pornography charges.
Senior United States District Judge Norman A. Mordue also imposed a life term of supervised release to start after Kimball is released from prison. As a result of his conviction, Kimball will be required to register as a sex offender.
This case was investigated by the FBI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Katherine Kopita.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Greene County Man Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
ALBANY, NEW YORK – Robert Twiss, age 59, of Earlton, New York, pled guilty today to being a felon in possession of a firearm.
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.
As part of his guilty plea, Twiss admitted that on October 24, 2016, he possessed, at his residence, a Plainfield M-1, Model 41 semi-automatic rifle. As a felon, Twiss could not possess the Plainfield rifle.
Twiss faces up to 10 years in prison, a fine of up to $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for August 15, 2017 before Senior U.S. District Judge Thomas J. McAvoy.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Albany Woman Pleads Guilty to Making False StatementsRead the Press Release
ALBANY, NEW YORK – Bobbi A. Constantine, formerly Robert Bove, age 49, of Albany, New York, pled guilty today to making false statements in connection with a federal employment application. Constantine also appeared today on a new criminal complaint charging her with wire fraud and Social Security Supplemental Security Income (SSI) fraud.
The announcements were made by United States Attorney Richard S. Hartunian; Inspector in Charge Shelly A. Binkowski, U.S. Postal Inspection Service (USPIS), Boston Division; and Eileen Neff, Special Agent in Charge of the Northeast Area for the United States Postal Service, Office of the Inspector General (USPS-OIG).
As part of her guilty plea in the false statements case, Constantine admitted that, in May 2016, she submitted an application for employment to the United States Postal Service in Troy, New York. That application contained two false statements: (1) that she had never been convicted of a crime and (2) that she was employed from September 2000 to “present” as an administrative assistant. In fact, Constantine had multiple criminal convictions, and was not continuously employed during that time.
Constantine, who has been detained since her September 2016 arrest, is scheduled to be sentenced by Senior United States Judge Thomas J. McAvoy on June 12, 2017. She faces up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
In the wire fraud and SSI fraud case, the complaint alleges that Constantine defrauded mortgage and automobile lenders by falsely portraying herself as the sole beneficiary of a trust with assets of more than $12 million. According to the complaint, she used fraudulent trust documents to, among other things, purchase a home in Albany, a condominium in Myrtle Beach, South Carolina, and two new vehicles. If convicted of wire fraud, Constantine would face up to 20 years in prison, a maximum $250,000 fine, and a term of supervised release of up to 3 years.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
The complaint also alleges that Constantine applied for SSI benefits in March 2014, claiming that she suffered from impairments, including deafness, that caused her to be unable to work. Constantine was awarded SSI benefits in May 2014. During a February 2015 continuing eligibility review, according to the complaint, Constantine claimed to have received no income since her initial May 2014 eligibility review, and failed to disclose that she had received numerous checks and wires totaling $40,000, into a trust account she concealed from the Social Security Administration. Had Constantine disclosed her resources, or her purchase of a second home in South Carolina, her SSI payments would have been reduced or terminated. If convicted of SSI fraud, Constantine would face up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years.
These cases are being investigated by the USPIS, the USPS-OIG, the New York State Police, and the Social Security Administration-Office of Inspector General, and are being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.
Watertown Man Sentenced to Three and One Half Years in Prison for Federal Firearms FelonyRead the Press Release
SYRACUSE, NEW YORK - Vantroy Nelson, 36, of Watertown, New York, was sentenced yesterday to serve forty-two 42 months (3 ½ years) in prison following his guilty plea to possession of a firearm by a convicted felon, announced United States Attorney Richard S. Hartunian and Ashan M. Benedict, Special Agent in Charge of the New York Field Division, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The charges stemmed from an incident on December 21, 2013 where Nelson fired a shotgun from the back porch of a residence in the city of Watertown, New York. Nelson was also ordered to serve three (3) years of supervised release following his prison sentence.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Watertown (New York) Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Vestal Man Pleads Guilty to Distributing and Receiving Child PornographyRead the Press Release
BINGHAMTON, NEW YORK - Nathan E. Boguhn, 50, of Vestal, New York, pled guilty yesterday to three (3) counts of distributing and receiving child pornography via the internet and using a file sharing program, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Vadim Thomas, Albany Division of the Federal Bureau of Investigation (FBI). During his guilty plea before Senior Judge Thomas J. McAvoy, Boguhn admitted that in 2016 he downloaded child pornography from the internet and allowed others access to this material through a file sharing program he maintained.
At sentencing on July 18, 2017 Boguhn faces minimum sentence of five (5) years and up to twenty (20) years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. 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. Boguhn remains in the custody of the U.S. Marshal’s Service pending sentencing.
This case is being investigated by the Mid-State Child Exploitation Task Force, which includes the FBI and the New York State Police, with assistance provided by the Town of Vestal (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Quebec Woman Sentenced for Transporting Illegal AliensRead the Press Release
SYRACUSE, NEW YORK –Audrey Bush, 46, of Akwesasne, Quebec, was sentenced yesterday to serve ten (10) months imprisonment, to be followed by three (3) years of supervised release in connection with her plea of guilty to two counts of Transporting Illegal Aliens, announced United States Attorney Richard S. Hartunian and United States Border Patrol Agent in Charge (Ogdensburg) Timothy Morgan. The defendant’s sentence included forfeiture of $1000, the fee she received for driving the aliens to Syracuse, New York.
As part of her guilty plea on November 9, 2016, Bush admitted to knowingly transporting two (2) Chinese citizens within the United States. Bush admitted that she picked up the two aliens at the Akwesasne Reservation and began to drive them to Syracuse, New York. Law enforcement officers stopped her vehicle in Hammond, New York, at which time the aliens were identified and determined to be in the United States illegally after crossing the St. Lawrence River from Canada without inspection by U.S. Immigration officers.
The case was investigated by the United States Border Patrol (Ogdensburg, NY Station) and prosecuted by Assistant U.S. Attorney Tamara Thomson.
Middleburgh Felon Sentenced to 27 Months for Possessing Firearm and AmmunitionRead the Press Release
ALBANY, NEW YORK – Aaron M. Bowman, age 33, of Middleburgh, New York, was sentenced today to 27 months in prison after pleading guilty to unlawfully possessing a firearm that he advertised for sale on Facebook.
The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and New York State Police Superintendent George P. Beach II.
As part of his plea on November 3, 2016, Bowman admitted that on March 11, 2016, he possessed a Smith & Wesson model 432PD .32 caliber revolver, and ammunition for 3 types of firearms. Six months earlier, Bowman had posted photos of the same revolver to his Facebook page and offered to sell it. As a felon Bowman was prohibited from possessing the revolver and ammunition; this is his sixth felony conviction.
U.S. District Judge Mae A. D’Agostino also ordered Bowman to serve 3 years of supervised release, to begin after his release from prison.
This case was investigated by the ATF and New York State Police, with the assistance of the Schoharie County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.