Northern District of New York

SYRACUSE, NEW YORK – Daquan Rice, 22, and Damian Diaz, 26, both of Syracuse, New York, pled guilty to conspiracy charges relating to their role in a years-long credit-card cloning operation, announced United States Attorney Richard S. Hartunian.

Daquan Rice pled guilty to one count of conspiracy to commit wire-fraud, one count of conspiracy to commit money-laundering, and two counts of aggravated identity theft. Damian Diaz pled guilty to one count of wire-fraud conspiracy and one count of money-laundering conspiracy. As part of their guilty pleas, both men admitted to their involvement in the scheme, which involved the purchase of stolen credit card numbers belonging to numerous victims and the fabrication of cloned credit cards. They further admitted that they used those cloned credit cards to purchase tens of thousands of dollars of merchandise and prepaid gift cards. The defendants used the prepaid gift cards to purchase United States Postal money orders, which they converted to cash. Rice’s and Diaz’s criminal conspiracy ran from 2014 through 2016 in Syracuse, New York, as well as in Texas and Georgia.

Rice and Diaz are scheduled to be sentenced on September 29, 2017. The wire fraud and money laundering conspiracy charges carry a maximum possible sentence of twenty years incarceration. The aggravated identity theft charges to which defendant Daquan Rice pled guilty carry a two year mandatory minimum sentence, which must run consecutive to the sentence imposed on the other charges.

This case was investigated by the Federal Bureau of Investigation (FBI), the United States Postal Inspectors, the 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 – Keith Delee, 24, of Syracuse, New York, was detained without bail following a hearing yesterday in federal court in connection with an indictment charging him with participating in a credit-card cloning scheme, announced United States Attorney Richard S. Hartunian.

The Indictment charges Delee with one count of wire-fraud conspiracy, one count of wire-fraud, and one count of access-device fraud. The charges filed against Delee carry a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

A jury trial is scheduled for July 24, 2017 before Senior United States District Court Judge Frederick J. Scullin, Jr.

The Indictment alleges that Delee participated in a scheme that involved the purchase of stolen credit card numbers belonging to hundreds of victims and the fabrication of cloned credit cards. The Indictment also alleges that from 2014 to 2016 Delee and his co-conspirators used cloned credit cards to purchase tens of thousands of dollars in merchandise and prepaid gift cards, as well as United States Postal money orders, which they converted to cash in Syracuse, New York, Texas and Georgia

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

This case is being investigated by the Federal Bureau of Investigation, the United States Postal Inspectors, the 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 – Deonte Spencer, 35, of Syracuse, New York, was detained without bail following a hearing yesterday in federal court in connection with an indictment charging him with participating in a credit-card cloning scheme, announced United States Attorney Richard S. Hartunian.

The Indictment charges Spencer with one count of wire-fraud conspiracy, one count of access-device fraud, and one count of aggravated identity theft. The charges filed against Spencer carry a maximum sentence of 20 years in prison for the wire-fraud charge, 15 years in prison for the access-device fraud charge, and, with respect to the aggravated identity theft charge, a two-year mandatory minimum sentence, which must run consecutive to the sentence imposed on the other charges. The charges also carry a maximum fine of up to $250,000, and a term of supervised release of up to three years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

A jury trial is scheduled for July 24, 2017 before Senior United States District Court Judge Frederick J. Scullin, Jr.

The Indictment alleges that Spencer participated in a scheme that involved the purchase of stolen credit card numbers belonging to numerous victims and the fabrication of cloned credit cards. The Indictment also alleges that Spencer and his co-conspirators used cloned credit cards to purchase tens of thousands of dollars of merchandise and prepaid gift cards from 2015 through 2016 in Syracuse, New York, and North Carolina.

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

This case is being investigated by the Federal Bureau of Investigation (FBI), the United States Postal Inspection Service, the 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.

ALBANY, NEW YORK – Justin Brooks, age 28, of Rensselaer, New York, was sentenced today to 3 years of probation, with 6 months of home detention, for conspiring to distribute oxycodone in Albany County.

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).

Senior United States District Judge Thomas J. McAvoy also imposed a fine of $1,000 and ordered that Brooks forfeit $3,326 in drug proceeds.

As part of his December 13, 2016 guilty plea, Brooks 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 - Jeffrey Butler, age 33, of Schenectady, New York, was sentenced today to serve 87 months in prison for 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).

United States District Judge Mae A. D’Agostino also sentenced Butler to 15 years of supervised release, to begin following his release from prison.

As part of his February 6, 2017 guilty plea, Butler admitted that he used the Internet and a peer-to-peer file sharing program to download child pornography. In his home, Butler possessed electronic devices that contained videos and still images depicting the sexual exploitation of children.

At sentencing today, Judge D’Agostino told Butler: “Many, many people continue to believe that viewing child pornography is a victimless crime. But it is important, I think, for the record to establish that what you were viewing, Mr. Butler, was horrendous crimes being committed against children who are real children. They're not fake, they're not three-dimensional caricatures, and it's not victimless. Because every time you view child pornography, you are prolonging and perpetuating the agony that these real children sustained when they were being tortured and raped as depicted in many of the images and films that you viewed.”

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

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

NEW YORK – Alfred Laquann “Merc” Thomas, 32, of Rome, New York, was sentenced today to serve 115 months in prison for his possession of ammunition as a convicted felon in connection with an August 2012 drive by-shooting in Syracuse, New York, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Vadim D. Thomas, FBI Albany Division of the Federal Bureau of Investigation (FBI). The defendant was also sentenced to serve three years of supervised release following his term of imprisonment.

After being acquitted on an unrelated September 2014 murder in Syracuse, Thomas admitted on Facebook that he had actually committed that murder. He repeated those admissions to federal agents. In sentencing the defendant today, United States District Judge Brenda Sannes noted Alfred Thomas’ long criminal record of offenses involving the use of violence including his admissions about that murder.

"The lengthy sentence reflects Thomas’s long record of violent crime including his admissions that he had killed someone after being acquitted in a state homicide prosecution. This successful prosecution is the result of outstanding collaboration and dogged persistence to bring him to justice by Assistant U.S. Attorney Richard Southwick, FBI, ATF, and Syracuse Police with assistance from the Onondaga County District Attorney’s Office,” said United States Attorney Richard S. Hartunian.

“People like Mr. Thomas terrorize and destroy our communities through violence,” Special Agent in Charge Vadim D. Thomas. “Today’s sentencing is the result of countless hours of hard work and dedication, and the FBI, together with our law enforcement partners, will continue to investigate individuals who jeopardize the safety of our communities through gun violence.”

December 23, 2016, Alfred Thomas pled guilty in Federal Court to being a convicted felon in possession of two 12-gauge shotgun shells. Thomas possessed the shells in his pants pocket after an August 16, 2012 drive-by shooting at 115 West Bissell Street, Syracuse. Several people, including an infant, were in the house at the time. Two expended 12-gauge shotgun shells were found in the rear seat of the car he had been driving, and the same caliber ammunition was used during the shooting. In addition, 911 callers identified Thomas and his car when they called to report the shooting. After learning about the defendant’s Facebook admissions, FBI and ATF Agents in Syracuse revisited the 2012 West Bissell Street drive-by shooting in light of federal law violations, which led to the current case in United States District Court.

This case was investigated by The Federal Bureau of Investigation (FBI), The United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Richard R. Southwick with assistance from the Onondaga County District Attorney’s Office.

ALBANY, NEW YORK – Uyiosa Eribo, age 42, and a citizen of Nigeria, was sentenced today to 10 months in jail for using a foreign bank account to accept money from fraud victims in the United States.

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

United States District Judge Mae A. D’Agostino also ordered Eribo to pay $11,000 in restitution to his victims, and to pay a $3,000 fine.

Eribo pled guilty to international money laundering charges on February 1, 2017. He admitted that in 2014, he opened and maintained a bank account in the United Kingdom. He used this account to receive wire transfers from people in the United States knowing that the money he received was proceeds of Internet-based frauds targeting United States residents. Eribo’s conspirators, who were based in Nigeria and elsewhere, had the actual contact with the victims and directed that the victims send money to Eribo.

Among other things, Eribo received proceeds from a stolen identity federal income tax refund fraud, in which a New York married couple’s names, social security numbers and financial information were used without their authorization to file a fraudulent federal tax return and obtain a $482,000 tax refund from the United States Treasury Department. Eribo’s account received part of this tax refund.

This case was investigated by the New York Field Office of IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Michael Barnett.

PLATTSBURGH, NEW YORK – Mohammed Nurey Ibrahim, age 41, an Eritrean national and resident of Riyadh, Saudi Arabia, appeared yesterday on an indictment charging him with presenting a fraudulently obtained visa to a Border Patrol Agent.

The announcement was made by United States Attorney Richard S. Hartunian and Acting Director Christian J. Schurman of the State Department’s Diplomatic Security Service.

According to the indictment, on January 5, 2017, Ibrahim presented a fraudulently obtained United States non-immigrant tourist visa to a United States Border Patrol Agent in Champlain, New York. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

Ibrahim will be arraigned Tuesday in Plattsburgh, New York, before United States Magistrate Judge Gary L. Favro. He is detained pending arraignment and a detention hearing.

If convicted, Ibrahim would face up to 5 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 is being investigated by the Department of State 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 – Bryan Fish, age 22, of Schenectady, New York, pled guilty today to two counts of making false declarations before a federal grand jury investigating an arson that killed four people in Schenectady.

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, Fish admitted that he lied under oath to a federal grand jury investigating the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, that caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside. Fish admitted that on May 24, 2013, he provided false testimony regarding his brother, whom Fish claimed: 1) drove Fish, Robert Butler, and Jennica Duell from Saratoga Springs to the vicinity of 438 Hulett Street in the early morning hours of May 2, 2013, 2) popped the trunk so that Butler could remove a gas can and 3) later drove part of the way back to Saratoga Springs.

Fish is the fourth person to be convicted for lying to the federal grand jury investigating the 438 Hulett Street fire. On March 17, 2016, Edward Leon, age 44, of St. Johnsville, New York, was sentenced to 10 years in prison following a jury trial. On September 12, 2016, Duell, age 29, of Schenectady, was sentenced to 11 years and 3 months in prison. Today, Richard Ramsey, age 48, of Saratoga Springs, New York, was sentenced to imprisonment for 87 months.

Fish faces up to 10 years in prison, as well as a maximum $500,000 fine and up to 3 years of post-imprisonment supervised release, when he is sentenced by Senior United States District Judge Gary L. Sharpe on September 11, 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.

United States Richard S. Hartunian said: “We will not let lies stand in the way of holding the perpetrators of this awful crime accountable and securing justice for victims and their families. We are committed to bringing this arson homicide investigation to an end by proving beyond a reasonable doubt who caused this horrific tragedy.”

ATF Special Agent in Charge Ashan M. Benedict said: “Providing false statements and testimony when lives have been lost and a small child has been severely injured served only to further victimize a family that had already suffered so much. We will not tolerate the actions of those who believe they can obstruct and hinder the discovery of the truth in this investigation, and our resolve to bring the perpetrators of this barbaric arson to justice will not wane.”

The charges resulted from an ongoing investigation being conducted by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.

The ATF notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information is encouraged to call ATF at 1-888-ATF-FIRE (1-888-283-3473), or email [email protected], or contact ATF through its web site at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF through the “report it” app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com

ALBANY, NEW YORK – Richard Ramsey, age 48, of Saratoga Springs, New York, was sentenced today to 87 months in prison for providing false testimony to a federal grand jury investigating a fire that killed four people in Schenectady and seriously injured another.

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.

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

As part of his guilty plea on February 17, 2017, Ramsey admitted that he made irreconcilably contradictory statements under oath before a grand jury conducting an investigation into the May 2, 2013 arson at 438 Hulett Street in Schenectady, New York, which caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.

Ramsey is the third person to be convicted and sentenced for lying to the federal grand jury investigating the fire. On March 17, 2016, Edward Leon, age 44, of St. Johnsville, New York, was sentenced to 10 years in prison. On September 12, 2016, Jennica Duell, age 29, of Schenectady, was sentenced to 11 years and 3 months in prison.

A fourth person, Bryan Fish, age 22, of Schenectady, pled guilty today to perjury charges and will be sentenced on September 11, 2017.

The investigation into the fatal fire is ongoing.

United States Richard S. Hartunian said: “We will not let lies stand in the way of holding the perpetrators of this awful crime accountable and securing justice for victims and their families. We are committed to bringing this arson homicide investigation to an end by proving beyond a reasonable doubt who caused this horrific tragedy.”

ATF Special Agent in Charge Ashan M. Benedict said: “Providing false statements and testimony when lives have been lost and a small child has been severely injured served only to further victimize a family that had already suffered so much. We will not tolerate the actions of those who believe they can obstruct and hinder the discovery of the truth in this investigation, and our resolve to bring the perpetrators of this barbaric arson to justice will not wane.”

Ramsey admitted that, on October 11, 2013 and January 10, 2014, he testified regarding specific events that occurred on May 1-2, 2013. On May 5, 2016, Ramsey gave irreconcilably contradictory testimony about those events. The events included declarations that Ramsey had allowed another man, Robert Butler, to use Ramsey’s car to drive from Saratoga Springs to Schenectady in the early morning hours of May 2, 2013. Specifically, Ramsey admitted that:

• On October 11, 2013, Ramsey’s testimony about the events of May 2, 2013 included the following:

On May 1, 2013, at approximately noon, Butler and Ramsey met in person in Saratoga Springs. At that time, Butler asked to borrow Ramsey’s car, and Ramsey agreed. Ramsey was awakened on May 2, 2013 at approximately 3 a.m. to the sound of his car starting, looked outside his window, and saw that it was gone from its parking space. Ramsey assumed Robert Butler had taken the car, as they had discussed on May 1, 2013, and went back to bed. At 7 a.m., Ramsey woke and the car was back in its parking spot. Ramsey inspected the car and discovered that the spare key, which he normally kept in the glove compartment, was still in the ignition. Ramsey had, on an earlier occasion, told Robert Butler he kept a spare key in the glove compartment of the car.

• On January 10, 2014, Ramsey’s testimony about the events of May 2, 2013 included the following:

On May 1, 2013, between 11:30 and 12 at night, Butler called Ramsey and asked to borrow Ramsey’s car. Ramsey agreed, told Butler that he would drive the car to Jefferson Terrace in Saratoga Springs, park it there, and leave the keys on the floorboard, and did so. A third party who lived at Jefferson Terrace drove Ramsey back to work. On May 2, 2013, Ramsey returned to pick up the car and saw that it was not parked in the same spot and had only a half tank of gas instead of a full tank of gas.

• On May 5, 2016, Ramsey’s testimony about the events of May 2, 2013 included the following:

Ramsey’s testimony on October 11, 2013, about the events of May 1-2, 2013, was untrue. Butler did not ask to borrow Ramsey’s car on May 1, 2013. Ramsey did not wake up at 3 a.m. on May 2, 2013 and hear his car being driven off. Ramsey did not find his spare key in the ignition of his car on the morning of May 2, 2013.

Ramsey’s testimony on January 10, 2014, about the events of May 1-2, 2013, was untrue. Ramsey did not drive his car and park it at Jefferson Terrace on May 1, 2013. Ramsey did not pick up his car at Jefferson Terrace on May 2, 2013 and did not discover that it had a half tank of gas instead of a full tank of gas.

The charges resulted from an ongoing investigation being conducted by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.

The ATF notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information is encouraged to call ATF at 1-888-ATF-FIRE (1-888-283-3473), or email [email protected], or contact ATF through its web site at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF through the “report it” app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com.

SYRACUSE, NEW YORK – Michelle Gulla, 54, of Marcy, New York, was sentenced today to serve 5 years’ probation and ordered to repay $22,344.86 in restitution to the U.S. Veterans Administration, announced United States Attorney Richard S. Hartunian. The sentence followed her January 31, 2017 guilty plea to theft of public money.

As part of her guilty plea, Gulla admitted that between January of 2014 and April of 2016, she unlawfully withdrew $22,344.86 from the bank account of her deceased mother. All of the money withdrawn was the result of overpayment made by the U.S. Veteran’s Administration (“VA“), which continued to deposit surviving spouse benefits monthly into her mother’s account even after her death in January of 2014, because the VA had not received notification of her expiring. Michelle Gulla knew at the time that she had no right to the $22,344.86 in Veteran’s Administration benefits, which money she stole and converted to her own use through hundreds of ATM cash withdrawals, including thousands of dollars at casinos in New York and in Las Vegas, Nevada.

This case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Donna L. Neves, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius.

SYRACUSE, NEW YORK – William “Bill” Saiff, III, (53), of Henderson, New York, pled guilty today in federal court in Syracuse to two counts of violating the Migratory Bird Treaty Act by guiding waterfowl hunts over baited ponds for profit on two separate occasions in October 2015. The guilty plea was announced by United States Attorney Richard S. Hartunian, Honora Gordon, Special Agent in Charge, Northeast Region, U.S. Fish and Wildlife Service, Office of Law Enforcement, and Joe Schneider, Director of Law Enforcement, New York State Department of Environmental Conservation.

The defendant is a professional hunting guide whose website advertises that for eighteen years he “hosted the popular hunting and shooting sports program Cabin Country as seen on Public Television Stations across the country.” Saiff is also the owner and operator of Bill Saiff Outdoors and Seaway Waterfowl Professionals.

In a written plea agreement, Saiff admitted that on October 27, 2015, he guided a hunting party over a baited pond in the Town of Cape Vincent, in Jefferson County, New York. Saiff had previously installed an underwater trough at the pond to hold bait. As part of his guilty plea today Saiff admitted that prior to the hunt he stocked the trough with corn to attract waterfowl to the pond. Investigators found the hidden trough stocked with corn one day prior to the hunt. Before they were approached by investigators who stopped the hunt, Saiff’s hunting party shot and killed several protected waterfowl.

Saiff also admitted that on October 31, 2015, he guided a hunting party over a baited pond in the Town of Rodman in Jefferson County. Saiff acknowledged that he placed approximately 50 pounds of corn along the shoreline of the pond less than ten days prior to that hunt. Saiff’s hunting party killed several protected birds, including geese and ducks, before a law enforcement officer intervened and seized the dead waterfowl.

As part of the  guilty plea today, the government and Saiff agreed to recommend a sentence of a $5,000 fine and a term of probation, that would prohibit Saiff from any hunting or guiding activities (other than fishing) until January 1, 2019. Saiff also agreed to make charitable donations totaling $10,000 to non-profit wildlife organizations of his choice. United States Magistrate Judge Thérèse Wiley Dancks will sentence Saiff on a date to be scheduled in the future. The defendant could face a maximum prison sentence of up to one year and a fine of up to $100,000 per count.

United States Attorney Hartunian said, “We commend the U.S. Fish and Wildlife Service and the New York State Department of Environmental Conservation for their thorough investigation of this case, which reinforces the principle that the law applies to everyone. Game laws protect the rights of all hunters and are intended to preserve the nation’s wildlife resources for future generations.” Special Agent in Charge Gordon stated, “The result of this case demonstrates our commitment to enforcing wildlife laws together to protect waterfowl and ensure hunting opportunities for the future.”

This case was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement 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 – Miguel De Jesus Garcia, age 36, and a citizen of Mexico, was sentenced today to time served (40 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, De Jesus Garcia admitted that he is a citizen of Mexico, and that he returned to the United States without permission after he was previously removed from the United States, and back to Mexico, in 2012. In April 2017, ICE Officers arrested De Jesus Garcia in Saratoga Springs, New York, where he had been living.

Following his sentencing, De Jesus Garcia was 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 prosecuted by Assistant United States Attorney Michael Barnett.

SYRACUSE, NEW YORK – Maria Martinez, a/k/a Maria Josefa Munagorri Diaz, age 49, of Madrid, Spain, was sentenced today to 15 months in prison for attempting to illegally re-enter the United States.

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.

In 2002, Martinez was convicted of conspiracy to distribute cocaine in the Northern District of Ohio. After serving 32 months in prison, she was removed from the country. As a result of her conviction, Martinez was not allowed to re-enter the United States.

On August 8, 2016, Martinez presented herself at the Champlain Port of Entry for admission to the United States and presented a passport in the name “Maria Josefa Munagorri Diaz.” A fingerprint scan of Martinez, conducted by United States Customs and Border Protection Officers, resulted in the discovery of her criminal history and prior deportation.

Following her term of imprisonment, Martinez will be transferred to the custody of the Department of Homeland Security, which will place her into removal proceedings.

This case was investigated by United States Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Otoniel Perez-Gonzalez, age 29, and a citizen of Mexico, 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.

Perez-Gonzalez was removed from the United States to Mexico on three prior occasions, the most recent removal occurring on March 8, 2009. On April 27, 2017, he was a passenger in a minivan that was stopped by Border Patrol in Ellenburg, New York. A fingerprint check of Perez-Gonzalez resulted in the discovery of the prior removals.

Aa result of his conviction, Perez-Gonzalez faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior U.S. District Court Judge Thomas J. McAvoy on August 16, 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.

SYRACUSE, NEW YORK – A jury voted today to convict Nikolay Souslov, a/k/a Nikolay Glukhov, a/k/a Nikolai Kuznetsov, a/k/a Nikolai Burov, age 70, and a citizen of Russia, of alien smuggling, following a four-day trial.

 

The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, Border Patrol, Swanton Sector.

 

Souslov faces up to 10 years in prison, as well as post-imprisonment supervised release of up to 3 years, when he is sentenced on October 4, 2017 by Chief United States District Judge Glenn T. Suddaby. 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. Souslov has been in custody since his arrest.

 

The evidence at trial showed that between 2013 and October 19, 2016, Souslov smuggled people into the United States by walking them through the woods from Canada at nighttime. Souslov, who is experienced in orienteering, used only a compass to guide the illegal entrants through the woods to a pickup spot, from which they were transported to New Jersey. On October 19, 2016, Border Patrol arrested Souslov as he was leading someone into the United States. While convicting Souslov of alien smuggling, the jury acquitted him of smuggling for financial gain.

 

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

ALBANY, NEW YORK – Daron Murray, age 22, and a citizen of Jamaica, pled guilty yesterday to mail fraud, and conspiracy to commit mail and wire fraud, for his role in a Jamaica-based lottery scam that targeted elderly victims.

The announcement was made by United States Attorney Richard S. Hartunian; Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service, Boston Division; and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his plea, Murray admitted that, between December 2012 and October 2014, he and others carried out an advance-fee scheme by falsely informing elderly victims in the United States that they had won the lottery and that, to claim their winnings, they first needed to pay taxes and fees. For instance, while in Jamaica, Murray repeatedly called a 92-year-old blind victim from Pittsfield, Massachusetts, and instructed the victim to make advance payments to process paperwork and claim millions of dollars in purported winnings from the New York Lottery. The victim sent $20,000 to one of Murray’s conspirators who lived in Albany, New York.

Murray faces up to 20 years in prison, 3 years of post-imprisonment supervised release, and a $250,000 fine when he is sentenced by United States District Judge Mae A. D’Agostino on October 3, 2017. 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 Postal Inspection Service and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Sean O’Dowd.

ALBANY, NEW YORK – Dr. Michael Esposito has agreed to pay $100,000 for billing Medicare despite his exclusion from all federal health care programs, announced United States Attorney Richard S. Hartunian. Dr. Esposito is an endocrinologist who treated patients in the Capital Region until earlier this year, when the New York State Board of Professional Medical Conduct ordered him to stop practicing medicine because he had engaged in professional misconduct.

Medicare is a federally funded program that subsidizes health insurance for the elderly and disabled. In December 2016, Dr. Esposito entered into an agreement with the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG) to resolve allegations that he had forged the signature of another physician on prescriptions for opioids and other prescription drugs for himself and another individual that were paid for by Medicare. As a condition of that agreement, Dr. Esposito was excluded for five years from participating as a provider with Medicare and all other federal health care programs. As a result of his exclusion, Dr. Esposito was prohibited from billing such programs for his medical services.

As part of today’s settlement, Dr. Esposito admitted that he continued to bill Medicare for services over a two-month period following the effective date of his exclusion and acknowledged that his conduct violated both his agreement with HHS-OIG and the False Claims Act. In addition to paying $100,000, Dr. Esposito agreed to be excluded from Medicare and all other federal health care programs for 15 years.

“As today’s settlement demonstrates, my office will hold accountable those who submit false claims for payment to government programs,” said U.S. Attorney Hartunian. “We will continue to use the False Claims Act to pursue those who knowingly bill federal health care programs for services furnished, ordered, or prescribed by excluded providers.”

“This settlement is another example of our commitment to holding health care providers accountable for their actions,” said Special Agent in Charge Scott J. Lampert of HHS-OIG’s New York Region. “HHS-OIG will continue to protect the integrity of our nation’s federally funded health care programs, and ensure that those who submit claims to those programs do so in an honest manner.”

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York and HHS-OIG. The United States was represented by Assistant U.S. Attorney Adam J. Katz.

ALBANY, NEW YORK – David J. Rancourt, age 62, of Palmer, Massachusetts, was sentenced today to 188 months in prison for attempted coercion and enticement of a minor for prohibited sexual activity, and distribution, receipt and possession of 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.

On November 23, 2016, Rancourt pled to all 12 counts of an indictment charging him with the child exploitation crimes before United States District Judge Mae A. D’Agostino. As part of his plea, Rancourt admitted that he posted an online advertisement, “Dad looking for a son,” seeking sexual role-play encounters with a boy. Following email and instant message exchanges with a Colonie Police Department officer acting undercover, Rancourt travelled to Albany to meet a person he believed to be a 14-year-old boy to engage in sexual activities. He also sent and received child pornography using a phone-based instant messaging application and possessed child pornography on his phone.

Judge D’Agostino also imposed a life term of supervised release, which will start after Rancourt is released from prison. As a result of his conviction, Rancourt will also be required to register as a sex offender after leaving prison.

Judge D’Agostino also ordered restitution of $3,000 to several child pornography victims who submitted restitution requests based on Rancourt’s possession of images depicting their abuse.

This case was investigated by the FBI and the Colonie Police Department, and was 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/.

ALBANY, NEW YORK – A jury voted today to convict William “True” Hilts, age 52, of Schenectady, New York, of conspiracy to distribute crack cocaine and heroin, and distribution of crack cocaine and heroin, following a four-day jury trial.

 

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).

 

Hilts, who has several felony convictions for drug trafficking, faces at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of between 8 years and life, when he is sentenced on September 11, 2017 by Senior United States District Judge Thomas J. McAvoy.

 

The evidence at trial showed that, from October 2015 through February 2016, Hilts conspired with his nephew, Elijah Jones, to distribute crack cocaine and heroin from their shared residence on Paige Street, next to a children’s daycare. Law enforcement officers recovered more than 80 grams of crack cocaine and more than 600 bags of heroin during the investigation. Jones pled guilty on May 10 to a conspiracy charge and faces at least 5 years and up to 40 years in prison.

 

This case was investigated by the DEA and the Schenectady County Sheriff’s Department, and is being prosecuted by Assistant United States Attorneys Wayne A. Myers and Joseph A. Giovannetti.

ALBANY, NEW YORK – Keith J. Bleau, age 51, of Johnsonville, New York, was arrested on Tuesday on charges of receiving and possessing child pornography. Today, Bleau appeared before United States Magistrate Judge Daniel J. Stewart and was detained pending trial.

 

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.

 

The criminal complaint alleges that between May 16, 2012 and May 16, 2017, Bleau used a peer-to-peer file sharing program and the Internet to download multiple child pornography movies. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

 

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

 

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

ALBANY, NEW YORK – Jayquan Tomer, age 25, of Schenectady, New York, was sentenced today to 10 years in prison for conspiring to distribute crack cocaine.

 

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).

 

Senior United States District Judge Lawrence E. Kahn also imposed an 8-year term of supervised release, to begin after Tomer’s release from prison, and ordered him to forfeit $3,000 in proceeds from his crimes.

 

As part of his plea, Tomer admitted that he conspired with others to distribute and did distribute a total of 43 grams of crack cocaine to another person in Schenectady on three occasions in August 2013.

 

This case was investigated by the FBI and its Capital District Safe Streets Task Force, and was prosecuted by Assistant U.S. Attorney Sean O’Dowd.

ALBANY, NEW YORK – Ilie Sitariu, age 37, and a citizen of Romania, was sentenced today to 48 months in prison for working with others to steal account information and personal identification numbers (PINs) from people using ATMs in the Capital Region.

 

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

 

As part of his guilty plea, Sitariu admitted that from August 30, 2015 through October 24, 2015, he and a co-conspirator secretly installed skimmers and pinhole cameras on ATMs at the Chatham, New York, branch of First Niagara Bank, the Delmar, New York, branch of Trustco Bank, and the Great Barrington, Massachusetts, branch of Berkshire Bank. As customers used the ATMs, Sitariu and co-conspirators stole customers’ account information with the skimmers and their PINs with the cameras. They then used that stolen information at ATMs in New York City to withdraw money from the customer accounts. The total amount stolen was $127,389.

 

Senior United States District Judge Lawrence E. Kahn also ordered that Sitariu, who has been in custody since his October 2015 arrest, serve 2 years of post-imprisonment supervised release, and pay $127,389 in restitution to First Niagara Bank, Trustco Bank, and Berkshire Bank.

 

This case was investigated by the FBI, New York State Police, and the U.S. Secret Service, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Elijah Jones, age 30, of Schenectady, New York, pled guilty yesterday to conspiring to distribute crack cocaine and heroin.

 

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, Jones admitted that, in 2015 and 2016, he conspired with others to distribute crack cocaine and heroin in Schenectady. Jones acknowledged that he obtained crack cocaine and heroin from suppliers and worked with a partner to distribute these drugs to customers out of a residence on Paige Street in Schenectady.

 

Jones, who is in custody, faces 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. Sentencing is scheduled for September 11, 2017 in Albany before Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the DEA and the Schenectady County Sheriff’s Department, and is being prosecuted by Assistant United States Attorneys Wayne A. Myers and Joseph A. Giovannetti.

ALBANY, NEW YORK – Ramiro Martinez-Chacon, age 43, and a citizen of El Salvador, was sentenced today to time served (92 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, Martinez-Chacon admitted that he was a citizen of El Salvador, and that he returned to the United States after he was previously removed to El Salvador. Martinez-Chacon was removed from the United States to El Salvador on December 19, 2000.

 

On February 7, 2017, Martinez-Chacon was arrested by ICE officers in Hudson, New York, where he had been residing.

 

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

 

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

BINGHAMTON, NEW YORK – Jose Guzman-Lopez, 32, found in Ithaca, New York, was charged by complaint today with possession of a forged and counterfeit alien registration card. He made his initial appearance before a United States Magistrate Judge in Syracuse, New York and was ordered detained in U.S. Marshal’s Service custody pending further proceedings, announced United States Attorney Richard S. Hartunian and Acting Field Office Director, Thomas P. Brophy, for United States Immigration and Customs Enforcement/Enforcement and Removal Operations (ICE/ERO).

 

If convicted Guzman-Lopez faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The defendant may also face deportation or other immigration law consequences if he is found guilty. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

Jose Guzman-Lopez was arrested on May 2, 2017 by ICE/ERO deportation officers in Ithaca, New York, and charged with administrative immigration violations. During the arrest, the officers discovered Guzman-Lopez possessed a fraudulent alien registration card in his wallet. Guzman-Lopez is a citizen of Mexico and appears to have no legal status in the United States.

 

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

 

This case is being investigated by the Department of Homeland Security, ICE/ERO, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

ALBANY, NEW YORK –Koffi Roudolphe Sewoul, age 40, and a citizen of Togo, was sentenced today to time served (7 months in jail) for misusing a United States passport in an attempt to enter the United States.

 

The announcement was made by United States Attorney Richard S. Hartunian and Steve Bronson, Acting Port Director, United States Customs and Border Protection.

 

On October 15, 2016, Sewoul attempted to enter the United States at the Champlain Port of Entry using his brother’s United States passport. Upon questioning, Sewoul admitted the passport belonged to his brother. An examination of airline itineraries showed Sewoul successfully used the passport to travel from Lome, Togo, to Accra, Ghana, on October 12, 2016, and then from Ghana to Brussels, Belgium, to Montreal, Quebec, on October 13.

 

Following his sentencing, Sewoul was transferred to the custody of the Department of Homeland Security, which will place Sewoul into removal proceedings.

 

This case was investigated by United States Customs and Border Protection and prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Pedro Triminio-Caballero, age 41, and a citizen of Honduras, was sentenced today to time served (54 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, Triminio-Caballero admitted that he was a citizen of Honduras, and that he returned to the United States after he was previously removed to Honduras. Triminio-Caballero was removed from the United States to Honduras on three prior occasions: on October 6, 1996, March 20, 2005, and on April 16, 2012. Since his last re-entry, Triminio-Caballero had been residing in Miami, Florida.

 

On March 15, 2017, Triminio-Caballero was arrested by Border Patrol Agents in Champlain, New York. Agents encountered Triminio-Caballero in a taxi that was stopped by Border Patrol on a road in Champlain just south of the border.

 

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

 

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

SYRACUSE, NEW YORK – Jardel Florencio Escobar-Vargas, age 27, and a citizen of Honduras, was sentenced today to time served (54 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, Escobar-Vargas admitted that he was a citizen of Honduras, and that he returned to the United States after he was previously removed to Honduras. Escobar Vargas was removed from the United States to Honduras five times between September 20, 2013 and August 25, 2014. Since his last re-entry, Escobar-Vargas had been residing in Miami, Florida.

 

On March 15, 2017, Escobar-Vargas was arrested by Border Patrol Agents in Champlain, New York. Agents encountered Escobar-Vargas in a taxi that was stopped by Border Patrol on a road in Champlain just south of the border.

 

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

 

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

ALBANY, NEW YORK – Shukri Abdullah, age 44, of Albany, was sentenced today to 37 months in prison and fined $5,000 for possessing and intending to distribute synthetic cannabinoids.

 

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 August 2015, authorities located two garbage bags, filled with synthetic cannabinoids that were packaged for resale, hidden behind the counter of a deli in Albany. Abdullah is a co-owner of the business and was working behind the counter at the time of the seizure.

 

In October 2016, as part of his guilty plea, Abdullah admitted that he routinely obtained shipments of synthetic cannabinoids from suppliers in New York City, and paid between $7,000 and $9,000 in cash for each delivery.

 

Synthetic cannabinoids – often marketed as “Spice” and “K2” – are substances designed to mimic the effects of cannabis, and are often applied to herbal materials and then sold as a drug that can be smoked.

 

This case was investigated by the DEA and the Albany County Sheriff’s Office, and was prosecuted by Assistant United States Attorney Wayne A. Myers.

ALBANY, NEW YORK – Dany Francisco Ruiz-Ardon, age 32, formerly of Fort Walton Beach, Florida, was sentenced today to time served (33 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, Ruiz-Ardon admitted that he was a citizen of Honduras, and that he returned to the United States after he was removed to Honduras on June 3, 2011.

April 3, 2017, Ruiz-Ardon was arrested by Border Patrol Agents in Champlain, New York. Agents encountered Ruiz-Ardon in a taxi that was parked on the side of a road in Champlain just south of the border.

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

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

BINGHAMTON, NEW YORK – Robert Snyder, age 68, of Etna, New York, was sentenced today to 70 months in prison and 7 years of post-imprisonment supervision following convictions for receipt, possession and accessing with intent to view child pornography.

 

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.

 

Snyder was convicted in July 2016 following a 4-day trial. Snyder will also have to register as a sex offender upon his release from prison.

 

The evidence at trial showed that Snyder, from around November 2010 through about February 2011, in Tompkins County, New York, purchased, ordered and received 7 DVDs containing child pornography videos from a company in Toronto, Canada. A search warrant executed at the offices of the company in Toronto resulted in the seizure of records and documents demonstrating that Snyder and others purchased child pornography videos. Additionally, a search of Snyder’s residence in October 2014 resulted in the seizure of computers and other digital storage media that were found to contain numerous additional images of child pornography.

 

This case was investigated by the United States Postal Inspection Service and the Toronto Police Service, and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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.

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.

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, 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.

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.

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.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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.

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/.

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.