Northern District of New York

BINGHAMTON, NEW YORK - Jared Flanders, 34, of Johnson City, New York, was arrested today on charges contained in a twelve count federal indictment alleging he distributed child pornography via the internet.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James Spero, Department of Homeland Security, Homeland Security Investigations.

Flanders was arraigned today in Binghamton, New York, before United States Magistrate Judge David E. Peebles, and held without bail pending a detention hearing scheduled for next week.

The charges in the indictment carry sentences that require a minimum of five (5) years and up to twenty (20) years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

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

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Emil Michalczuk, age 25, of Siemiatycze, Poland, was sentenced today to 20 days in jail following his guilty plea to a misdemeanor charge of illegally 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.

Michalczuk admitted that he walked across the border approximately a half-mile west of the Overton Corners Port of Entry on New York State Route 276, and continued southwest on foot until he reached the Rouses Point train station, where he was arrested by Border Patrol agents.

Upon the completion of his sentence, Michalczuk will be transferred to the custody of the Department of Homeland Security and he will be subject to removal proceedings.

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

SYRACUSE, NEW YORK – Kerry Smith, 41, of Syracuse, New York, pled guilty today to sexual exploitation of a child, announced United States Attorney Richard S. Hartunian and James Jewell, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of her guilty plea today in United States District Court, Smith admitted that in 2014 she engaged in sexually explicit conduct with a 10-year-old child, produced images of the abuse, and distributed the images to another person using her mobile telephone. Smith was arrested for this offense in April of 2016 when the images were recovered from a computer belonging to that person, who told police he had received them from a woman he knew as “Kerry.”

Sentencing is scheduled for June 13, 2017 before Hon. Glenn T. Suddaby, Chief United States District Judge. If the court accepts the plea agreement, Smith will be sentenced to fifteen (15) years imprisonment and a term of supervised release of at least 5 years, and up to life. She will also have 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.

Smith’s 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 Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Lanssana Soumare, age 55, of Senegal, was sentenced today to time served (49 days in jail) for passport fraud.

The announcement was made by United States Attorney Richard S. Hartunian and Steven Bronson, United States Customs and Border Protection (CBP) Port Director for the Champlain Port of Entry.

As part of his guilty plea, Soumare admitted that he presented another person’s Canadian passport to a CBP officer at the Champlain Port of Entry on December 27, 2016. Soumare presented the passport in an attempt to enter the United States from Canada. As part of his plea, Soumare also admitted that he was not a Canadian citizen and that the passport was not issued to him.

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

This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Gabino Lopez-Lopez, age 27, of Saratoga Springs, New York, was sentenced yesterday to time served (88 days in jail) for immigration fraud.

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, Lopez-Lopez admitted that he presented a counterfeit alien registration receipt card (a “green card”) to a United States Citizenship and Immigration Services officer, in Latham, New York, on November 10, 2016. Lopez-Lopez presented the card in support of his claim to being lawfully present in the United States. As part of his plea, Lopez-Lopez admitted that he is a citizen of Mexico and that he was unlawfully present in the United States.

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

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

PLATTSBURGH, NEW YORK – Thomas A. Burnell, age 34, of Plattsburgh, New York, was charged today with distributing heroin resulting in another person’s death.

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

Burnell is detained pending a detention hearing before Magistrate Judge Gary L. Favro on February 14, 2017.

Burnell has been incarcerated since January 18, 2016, on state charges arising out of the same allegations charged in the federal complaint. According to the criminal complaint, on January 16, 2016, Burnell sold heroin to a man identified as “J.G.” who died later that night. The cause of death was an opiate overdose.

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

If convicted of the offense of distributing heroin resulting in death, Burnell faces at least 20 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the Plattsburgh Police Department and the DEA, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

UTICA, NEW YORK – Richard Michael Lydon, age 67, of Skaneateles Falls, New York, was sentenced today to 90 months in prison for distributing 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).

As part of his guilty plea, Lydon admitted that he distributed and possessed images of child pornography that he acquired in part using an Internet peer-to-peer, file-sharing program. A search of Lydon’s residence in November 2015 led to the discovery of over 1,400 videos and over 8,000 images depicting child pornography. Lydon admitted that he had been collecting child pornography for over a decade

United States District Judge David N. Hurd, in imposing the sentence, noted that what Lydon possessed was one of the largest collections of child pornography he had ever sentenced a person for distributing and possessing. Judge Hurd also imposed a lifetime of supervised release, which will start after Lydon is released from prison, and ordered the payment of $3,300 in restitution to child pornography victims. As a result of his conviction, Lydon will be required to register as a sex offender upon his release from prison.

This case was investigated by HSI and prosecuted by Assistant United States Attorney Carina Schoenberger as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Jose Alejandro Balderas-Figueroa, age 36, a former resident of Pelham, Alabama, was sentenced yesterday to time served (six weeks 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, Balderas-Figueroa admitted that he returned to the United States almost immediately after he was removed to Mexico on October 6, 2016.  Balderas-Figueroa also admitted that he had been removed to Mexico four other times, on May 18, 2015, September 7, 2014, January 25, 2007 and June 5, 2000.  

On December 23, 2016, Balderas-Figueroa was arrested by United States Border Patrol Agents just south of the international border in the vicinity of Champlain, New York.  

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

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

ALBANY, NEW YORK – Erik Rodolfo Lozano-Arratia, age 27, and a resident of Kingston, New York, was sentenced today to time served (110 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Thomas Decker, Director of the New York Field Office for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Lozano-Arratia admitted that he returned to the United States after his May 15, 2013 removal to Mexico. Lozano-Arratia also admitted that he had been removed to Mexico four other times, the dates being January 4, 2012, October 21, 2011, August 18, 2011, and July 15, 2011.

On October 20, 2016, Lozano-Arratia was arrested by ICE-ERO officers in Kingston.

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

This case was investigated by Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), in Newburgh, New York, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jeffrey Butler, age 33, of Schenectady, New York, pled guilty today to 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).

As part of his guilty plea, Butler admitted that in 2014 and 2015, he used the Internet and a peer-to-peer file sharing program to download video files containing child pornography, which he saved on his computer’s hard drive. Butler further admitted to storing over 300 child pornography videos on external hard drives in his residence.

As a result of his conviction, Butler faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. Sentencing is scheduled for June 5, 2017 before U.S. District Judge Mae A. D’Agostino.

This case was investigated by Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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 – Abraham C. Lazore, age 37, of Hogansburg, New York, was sentenced today to serve 16 months in prison for his obstruction of a vessel boarding.

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, Lazore admitted that on September 3, 2016, as Border Patrol Marine Unit agents were attempting to board his vessel for an inspection, he engaged the throttle of his boat while a bowline from his boat became wrapped around an agent’s arm, which could have dragged that agent overboard. Another agent was able to stop Lazore from driving away, and no one was injured.

“You could’ve killed one or more federal agents. I take it seriously when federal agents are exposed to this conduct,” U.S. District Judge Mae A. D’Agostino told Lazore before issuing the sentence, which also included 3 years of post-imprisonment supervised release.

Agents stopped Lazore because they had observed him enter U.S. waters from Canada on the St. Lawrence River at approximately 12:25 a.m. without any navigation lights.

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

BINGHAMTON, NEW YORK – Anthony Randolph, 30, of Binghamton, New York, pled guilty yesterday in federal court to engaging in a drug trafficking conspiracy and possession of a firearm and ammunition by a convicted felon. The announcement was made by United States Attorney Richard S. Hartunian and James Jewell, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Randolph admitted that between January 2014 and November 17, 2015, he conspired with others to acquire cocaine and cocaine base from suppliers in Broome County, New York and from New York City. Randolph admitted that he and others “converted” or “cooked” cocaine into cocaine base, which was later packaged and stored at different locations in Broome County, New York for later distribution. Randolph acknowledged in court that he and others used cellular telephones and vehicles to take orders from customers and deliver cocaine base and that a search warrant executed on November 17, 2015 led to the seizure of 55 grams of cocaine base and a .40 caliber pistol and ammunition from Randolph’s residence in Binghamton.

Sentencing is scheduled for June 23, 2017 in Binghamton before Senior District Judge Thomas J. McAvoy. Randolph faces a minimum sentence of 20 years and up to life in prison, a fine of up to $20 million, and a term of supervised release of at least 10 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

SYRACUSE, NEW YORK – Maria Martinez a/k/a Maria Josefa Munagorri Diaz, age 49, of Madrid, Spain, pled guilty yesterday to 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.

Martinez was convicted of conspiracy to distribute cocaine in the Northern District of Ohio in 2002, and after serving 32 months in prison, was deported. Because of her conviction, Martinez is not allowed to enter the United States. As part of her guilty plea yesterday, Martinez admitted that on August 8, 2016, she presented herself at the Champlain Port of Entry for admission to the United States and presented a passport in the name of “Maria Josefa Munagorri Diaz.” A fingerprint scan of Martinez resulted in the discovery of her arrest record and prior deportation.

As a result of her conviction, Martinez faces up to 20 years in prison and a fine of up to $250,000 when she is sentenced by Senior U.S. District Judge Norman A. Mordue on May 30, 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 United States Customs and Border Protection and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Jeragh Powell, age 26, a citizen of Jamaica and former resident of Schenectady, New York, was sentenced today by U.S. District Judge Mae A. D’Agostino to serve 41 months in prison for his participation in a Jamaica-based lottery scam that targeted elderly victims.

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

As part of his August 1, 2016 guilty plea, Powell admitted to working with his wife Kimberly Powell, a co-defendant, and others, to mail false lottery prize notifications to mostly elderly people located throughout the United States. The fraudulent prize notifications letters congratulated the victims on winning a recent drawing and instructed them to pay tens of thousands of dollars in “fees and taxes” and “shipping and handling” in order to receive their purported prize money and cars. Members of the conspiracy located in Jamaica also communicated with the victims by telephone, directing them to make payments to people in the United States.

Jeragh Powell and his wife Kimberly, age 37, of Schenectady, received more than $65,000 from victims of the scheme, and forwarded a large portion of the proceeds to Jeragh Powell’s associates in Jamaica. Kimberly Powell pled guilty to mail fraud charges on August 3, 2016, and is scheduled to be sentenced on February 23, 2017.

This case was investigated by the USPIS, Homeland Security Investigations (HSI), and the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

BINGHAMTON, NEW YORK - Antonio Ballard, 26, of Binghamton, New York, was sentenced to serve 210 months in federal prison to be followed by a twenty (20) year term of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI). Ballard will also be required to register as a sex offender once he has completed his federal prison term. Today’s sentence was in connection with Ballard’s conviction after trial in March of 2016 on eight (8) counts relating to operating a sex trafficking and prostitution business involving three minor girls.

The evidence at trial showed that Ballard, from August of 2014 through December of 2014, in Broome County, New York, knowingly persuaded, used, recruited, enticed, harbored, transported, provided, obtained, and maintained three minor girls for the purpose of engaging in commercial sex acts and prostitution with men. Ballard benefitted from prostituting these minors by receiving 50% of the proceeds, for which he provided physical security and an apartment where the minors met with clients. Ballard also photographed the three minor girls and assisted in posting advertisements on Backpage.com, an internet advertisement site.

The case was investigated by the FBI, New York State Police, and the Binghamton Police Department and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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 - Brandon Kie, 31, of Apalachin, New York, was sentenced today to serve sixty months (5 years) imprisonment and a term of fifteen (15) years of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI). Kie is also required to register as a sex offender following his release from federal prison. Kie pled guilty in September of 2016 to receiving child pornography via the internet and a computer.

In pleading guilty, Kie admitted that in 2014 he used a computer to connect to several child pornography web sites via the internet using peer-to-peer file sharing software programs. On numerous occasions, Kie received and downloaded more than 500 digital images and more than 12 videos that depicted minors engaged in sexually explicit conduct, some of which included sadistic and masochistic acts.

This case was investigated by the FBI, and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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/.

ALBANY, NEW YORK – Salvatore Commisso, age 33, of Albany, New York, was sentenced today to serve 36 months in prison, to be followed by 3 years of supervised release, for conspiring to distribute the controlled substance oxycodone.

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

U.S. District Judge Mae A. D’Agostino also ordered Commisso to forfeit $16,523, and to pay a fine of $2,000.

As part of his September 26, 2016 guilty plea, Commisso admitted that from at least December 2015 through February 2016, he obtained oxycodone tablets from a co-conspirator for resale in the Northern District of New York.

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

SYRACUSE, NEW YORK - - Daniel Beal, 56, of Utica, New York, was sentenced today to serve seven (7) years in federal prison for distributing, receiving and possessing child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Beal admitted that he distributed and received images of child pornography using a peer-to-peer file sharing program. A search of Beal’s business, Dacobe Enterprises, LLC, in July of 2015 led to the discovery of hundreds of videos depicting child pornography, including images and videos depicting the sexual assault of children as young as two years of age.

United States District Judge Brenda K. Sannes also imposed a fifteen (15) year term of supervised release, which will begin after Beal is released from prison. As a result of his conviction, Beal will be required to register as a sex offender upon his release from incarceration.

This case was investigated by the Federal Bureau of Investigation (FBI), and was prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.

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/.

SYRACUSE, NEW YORK, Saladin Hadid, 37, and Cory Ogletree, 43, of Syracuse, were arrested last night and charged with conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine, announced United States Attorney Richard S. Hartunian and United States Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt.

Both Saladin Hadid and Cory Ogletree appeared today in federal court in Syracuse to make their initial appearances before United States Magistrate Judge Andrew T. Baxter and were ordered held without bail, pending a detention hearing scheduled for January 31, 2017. The criminal complaint filed in federal court alleges that from October 2016 through January 25, 2017, Hadid and Ogletree conspired to possess with intent to distribute and distributed in excess of 500grams (approximately one pound) of cocaine. The complaint also alleges that during searches yesterday, law enforcement officers seized in excess of 500 grams of cocaine and over $250,000.00 in U.S. currency.

The charges filed against Hadid and Ogletree carry a minimum sentence of five (5) years and a maximum sentence of up to forty (40) years in prison, a fine of up to $5 million dollars, and a term of supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.

This case is being investigated by The United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorney Carla Freedman.

ALBANY, NEW YORK – Koffi Roudolphe Sewoul, age 40, of Lome, Togo, pled guilty today to misuse of a passport.

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.

Sewoul admitted that on October 15, 2016, he attempted to enter the United States at the Champlain Port of Entry using his brother’s United States passport. Sewoul had successfully used the passport to travel from Togo to Accra, Ghana, on October 12, 2016 and then from Ghana to Montreal, Quebec, on October 13, 2016.

As a result of his conviction, Sewoul faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by U.S. Senior 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 United States Customs and Border Protection and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Gurpreet Singh, age 37, of Watertown, New York, was convicted today of unlawfully obtaining U.S. citizenship following a jury trial.

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

The trial evidence established that Singh, who was a citizen of India, repeatedly affirmed to United States Citizenship and Immigration Services (USCIS) authorities prior to his U.S. naturalization that he had not committed any crimes for which he was not arrested. Immigration authorities later learned that the defendant sexually abused a child under the age of 10 during the same time period he was applying for citizenship. The trial evidence demonstrated that Singh deliberately failed to report his criminal activity because he knew he was not entitled to citizenship and that USCIS would not have approved Singh’s naturalization application if the agency had known about his abuse of the child. Singh ultimately pled guilty in state court to a single count of sexual abuse of a minor child, but by then had already become a naturalized U.S. citizen.

Singh will be sentenced by Senior District Judge Norman A. Mordue on May 18, 2016 and faces up to 10 years in prison, up to 3 years of post-imprisonment supervised release, and mandatory revocation of his naturalization because of his federal court conviction. 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 Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorneys Michael F. Perry and Robert S. Levine.

ALBANY, NEW YORK – Thomas Albright, age 71, of Marlboro, New York, was arrested January 12 on charges of distributing, receiving and possessing child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation.

Albright appeared on January 13 in Albany before United States Magistrate Judge Daniel J. Stewart and was detained pending further proceedings.

The charges in the complaint filed against Albright are merely accusations. He is presumed innocent until proven guilty.

If convicted on all charges, Albright faces at least 5 years and up to 20 years in prison, at least 5 years and up to a life term of post-imprisonment supervised release, and a maximum $250,000 fine. Albright would also have 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 is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Sahar Amandolare.

ALBANY, NEW YORK – A jury yesterday voted to convict Tameen “Nitty” Johnson, age 39, of Schenectady, New York, of illegally possessing a loaded handgun.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation.

Johnson could not possess the handgun or ammunition because of prior felony convictions for firearm, drug and assault offenses. He faces at least 15 years and up to life in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy.

The evidence at trial showed that Johnson possessed a Hi-Point JCP .40 caliber firearm loaded with seven rounds of .40 caliber ammunition. The handgun had a defaced serial number. Johnson sold the loaded firearm to another man inside a convenience store in Schenectady, New York, for $200. Johnson, after asking if the firearm would be used “to book somebody,” showed the man how to operate the firearm so that he could “handle his business,” and repeatedly warned him not to lose the “hammer.”

This prosecution resulted from an investigation by the Capital District Safe Streets Task Force, which includes members of the FBI, Bureau of Alcohol, Tobacco, Firearms & Explosives, the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.

The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.

SYRACUSE, NEW YORK – John Haggerty, 34, of Fulton, New York, was sentenced yesterday to serve sixty-three (63) months in prison for unlawfully possessing a firearm and ammunition, announced U.S. 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.

As part of his guilty plea, Haggerty admitted that on December 12, 2015, he possessed a Browning .308 Rifle and 20 rounds of Winchester .308 caliber ammunition after Oswego Sheriffs recovered the stolen items from his apartment. Haggerty stole the gun and ammunition from an unoccupied Jeep in Fulton, New York on December 3, 2015, and filed off the serial number on the weapon. He was prohibited from possessing a firearm or ammunition as the result of a prior felony conviction.

United States District Judge David N. Hurd also ordered Haggerty to serve (3) years of supervised release following his release from prison.

This case was investigated by the Oswego County Sheriff’s Office and the United States Bureau of Alcohol, Firearms & Explosives (ATF), and was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown

ALBANY, NEW YORK – As a follow-up to an opiate addiction awareness event in December 2016, the United States Attorney’s Office, with the Rensselaer County Heroin Coalition, Troy Drug Free Community Coalition, NOPIATES, and Rensselaer Area Drug Awareness Reality Coalition (RADAR) will jointly host a two-part community event on January 18th from 7 – 9 PM at Hudson Valley Community College. The evening begins with a screening of Chasing the Dragon: The Life of an Opiate Addict, a documentary film commissioned by the FBI and DEA and told through interviews with recovering users and their loved ones. Following the film, Eric Dyer, a law student who became an opiate user while attending college in the Capital Region, will discuss his addiction and life in recovery.

United States Attorney Richard S. Hartunian said, “The heroin and prescription opioid epidemic is a crisis that reaches every corner of our communities. We are committed to continuing to combat the distribution of heroin and illicit opioids with robust enforcement, but the best protection of public health and safety is in prevention and education. We hope events such as this will spread the word that heroin and illicit opioids are deadly, and there is help available to avoid and overcome them.”

All four community coalitions in Rensselaer County are collaborating with the U.S. Attorney’s Office to raise awareness of the heroin and opiate epidemic, and these coalitions all encourage participation in events such as this one.

“The Rensselaer County Heroin coalition brings together many different “faces” to help combat the Opioid crisis in our area,” explained Co-Chairperson Maryfran Wachunas, Rensselaer Public Health Director. “Working together as a team and sharing each other knowledge, we are taking a multi -step approach at not only educating ourselves but the entire coalition and community as a whole.”

“NØpiates Committee is a local organization that is dedicated to raising community awareness regarding opiates, substance abuse and addiction,” explained Kim and Tim Murdick, organizers of the NØpiates Committee. “Our dedicated members provide support, assistance and aid to identify available resources for those who battle with the disease of addiction. Our committee also organizes and participates in community events to provide education that focuses on the prevention of substance abuse, all the while remembering those who have been lost to the disease of addiction.”

“Troy Drug-Free Community Coalition (Troy DFCC) is a partnership of concerned community members organized for the purpose of reducing substance abuse among young people,” said Davia Collington, Troy DFCC Project Coordinator. “We believe that good things happen when the community comes together!” she explained. “It will take all sectors of the community to protect our youth from the disease of addiction. While we know that most youth in the City of Troy are substance-free, we are here to support those families that are struggling with substance abuse.”

“We've all heard the expression ‘It takes a village to raise a child’. At the RADAR Coalition, we're applying that approach to drug abuse prevention,” said Nancy Hardt, chairperson of RADAR. “Rensselaer Area Drug Awareness Reality (RADAR) Coalition is a non-profit organization dedicated to supporting a safe and healthy, drug-free community in the City of Rensselaer. We're working to bring together a wide range of community partners to prevent substance abuse by raising awareness and providing education. The RADAR Coalition’s vision is for the City of Rensselaer youth to live substance free.”

The greatest responses to addiction are to prevent it in the first place, and to bring people struggling with addiction the help they need to enter into a life of recovery. Come learn how each of these steps are possible.

Chasing the Dragon: The Life of an Opiate Addict
Followed by Eric Dyer telling his story to recovery

When: Wednesday, January 18th, 7 – 9 p.m.
Where: Bulmer Telecommunications Center
Hudson Valley Community College
80 Vandenburgh Ave, Troy, NY

For more information and to become involved with the local coalitions, see the information below:

NØpiates Committee [email protected] www.nopiates.com
518-220-4199

The Rensselaer County Heroin Coalition
Maryfran Wachunas, Sheriff
Patrick Russo, Co-Chair
Public Health Director Rensselaer County Sheriff’s Office
1600 7th Avenue 4000 Main Street
Troy, NY 12180 Troy, NY 12180
518-270-2626 https://www.rensco.com/326/Rensselaer-County-Heroin-Coalition
[email protected]

RADAR – Rensselaer Area Drug Awareness Reality Coalition
Jennifer Haggerty, Chair
Nancy Hardt, Co-Chair https://www.facebook.com/RADAR12144 [email protected]
518-270-2841

Troy Drug Free Community Coalition
Davia Collington, Project Coordinator
415 River Street 3rd Floor Troy, NY 12180
518-272-8289x216 https://triponline.org/troy-drug-free-community-coalition/ https://www.facebook.com/TroyDFCC/
[email protected]

SYRACUSE, NEW YORK - SRCTec, which manufactures a lightweight counter mortar radar system (the “radar system”) and associated replacement parts pursuant to contracts with the Department of the Army, will pay over $6.3 million in consideration to resolve False Claims Act allegations concerning its invoicing for the radar system and spare parts, announced United States Attorney Richard S. Hartunian. SRCTec has separately agreed to a remediation plan, to be performed at its own expense, with respect to previously delivered products.

The radar system serves an important function for America’s warfighters by providing early warning of incoming mortar and rocket fire and information about the location from which that fire emanated (“source-of-fire”). This source-of-fire data enables a targeted counter-fire response. The radar system provides continuous 360-degree monitoring and source-of-fire data through a non-rotating 24-column array. Among other replacement parts, SRCTec produces column spares for use when a column for the radar system fails or is damaged or destroyed. Pursuant to SRCTec’s contract with the Army, “initial spares and ancillary items shall be form, fit and functionally interchangeable with the parts they are intended to replace.”

SRCTec became aware of anomalies in source-of-fire accuracy data in certain combinations of initial system columns and column spares in March 2013. At that time, SRCTec summarized the issues in a Problem Report uploaded to a database shared by SRCTec and the Army. SRCTec designated the Problem Report at a priority level that indicated that a work-around existed for the identified problem. Higher level priority designations were available but were not selected, although SRCTec did not know in March 2013 what caused the anomalies or have a solution that would eliminate them. Problem Reports at the priority level selected by SRCTec are part of the normal life cycle of the program, and problem reporting is not the exclusive method (under the applicable contracts or otherwise) for SRCTec to notify the Army of issues with the radar system.

Over the ensuing months after March 2013, SRCTec learned more about the circumstances in which the source-of-fire accuracy anomalies would manifest themselves and how they might be mitigated in the field. By August 2013, SRCTec described an increased risk of degraded source-of-fire accuracy as a “known” problem in an internal memorandum that was not shared with the Army. SRCTec did set forth certain additional material details concerning degraded source-of-fire accuracy in various additional Problem Reports also uploaded to the shared database, all of which were designated at the same priority level as the initial Problem Report, although SRCTec had not actually identified a work-around through at least the summer of 2013. A potential solution was eventually identified by SRCTec in March 2014, and in the fall of 2014 SRCTec began testing what would become the solution for newly manufactured systems and column spares.

In March 2015, SRCTec requested a meeting with the Army, which was held in April 2015. At the meeting, SRCTec disclosed how it learned of and ultimately solved the increased risk of degraded source-of-fire accuracy from the use of column spares and original system columns in certain combinations, explained the circumstances under which the increased risk was such that source-of-fire accuracy could potentially fall outside the required accuracy performance specification, explained how the increased risk of degraded source-of-fire accuracy could be mitigated, and advised that the systems’ ability to perform their sense and warn function was never impacted. Since April 2015, the Army has ensured that all fielded systems are operating without any increased risk of degraded source-of-fire accuracy, and all fielded systems are currently functioning within their source-of-fire performance parameters. There have been no reported field failures.

During the time period covered by the Settlement Agreement, SRCTec invoiced the Army for radar systems and column spares (which were verified as operable by the Army) at a cost of tens of millions of dollars. The increased risk of degraded source-of-fire accuracy from the use of column spares in certain combinations with original system columns would not have been identified by the fielded systems’ self-diagnostic testing nor necessarily been recognized by soldiers.

United States Attorney Hartunian said: “Our office is committed to ensuring that federal programs receive products that perform as paid for, and we pursue False Claims Act claims vigorously. The stakes are particularly high when the procurement involves protection for our nation’s warfighters. This settlement reflects the importance of the case, the fine work of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit and the Defense Criminal Investigative Service, and SRCTec’s disclosure of the problem and cooperation in addressing it.”

“The ability of our equipment to function as required is essential when it comes to purchase of equipment that protects the very lives and limbs of one of our most precious resources - our military members,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit.

“This settlement demonstrates the continued commitment of the Defense Criminal Investigative Service (DCIS), partnering with Army CID, Major Procurement Fraud Unit, and the United States Attorney’s Office in the Northern District of New York, to protect the military services and its members from potential failures of warfighting systems,” said Special Agent in Charge Craig W. Rupert, DCIS Northeast Field Office, U.S. Department of Defense Inspector General. “DCIS will continue to tirelessly pursue cases like this in its mission to protect the warfighter and safeguard our national defense.”

The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York, the United States Army Criminal Investigation Command, and the Defense Criminal Investigative Service. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – Charles Edward Bayer, Jr. (31), of Lafayette, Louisiana, pled guilty in federal court today in Syracuse to one felony count of conspiracy to commit mail fraud and violate the Clean Air Act, announced United States Attorney Richard S. Hartunian, and Vernesa Jones-Allen, Special Agent in Charge, EPA-CID, New York Area Office.

In pleading guilty, Bayer admitted that between 2011 and 2013 he participated in a conspiracy to design, manufacture, and sell motor vehicle simulator devices which were designed and programmed to allow vehicles to by-pass motor vehicle emissions inspections tests in a fraudulent manner. Bayer admitted that when one of his co-conspirators believed the EPA had become aware of the illegal sales of these devices, he (Bayer) purchased the remaining inventory as well as the source codes, and a customer list. Thereafter Bayer continued to sell and manufacture these devices. Ultimately, Bayer and his co-conspirators sold at least 170 such devices throughout the country. In pleading guilty, Bayer admitted that he was a leader in the conspiracy, which involved at least five others. Bayer also admitted that he understood his customers were using the devices to fraudulently bypass motor vehicle inspections and that he added a disclaimer to the instructions that the devices were for “development/off road use only” to make the devices appear legitimate.

The charge to which Bayer pled guilty carries a maximum sentence of 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. Bayer will be sentenced by Senior District Judge Norman A. Mordue on May 11, 2017.

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

ALBANY, NEW YORK – Gregory Kurzajczyk, age 69, of East Durham, New York, was sentenced today to 72 months in prison for distributing and receiving 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 ordered Kurzajczyk to serve a lifetime term of supervised release, to begin after his release from prison. Kurzajczyk will also have to register as a sex offender upon his release from prison.

As part of his guilty plea on September 2, 2016, Kurzajczyk admitted that between July 16, 2014 and January 19, 2015, he distributed child pornography images and videos through an Internet file-sharing application. Kurzajczyk also admitted to using the file-sharing application to download child pornography.

This case was investigated by Homeland Security Investigations (HSI) and the Colonie Police Department, with the assistance of the U.S. Secret Service, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – James Chisholm, 27, of Syracuse, New York, was sentenced today to serve 90 months in prison for robbing the same branch of Chase Bank in Syracuse twice within a five-day period.

The announcement was made by United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

Senior U.S. District Judge Norman A. Mordue said that he believed the sentence was necessary because of Mr. Chisholm’s “history of robberies involving violence and the use of weapons.” Judge Mordue also sentenced Chisholm to a 3-year term of supervised release following his release from prison and ordered restitution in the amount of $3,242, the total amount stolen from Chase Bank.

On September 8, 2016, Chisholm pled guilty to two counts of bank robbery and admitted that on March 12, 2016, and again on March 16, 2016, he entered Chase Bank, located at 801 James Street in Syracuse, passed a note to a teller, and demanded money. On March 12, Chisholm took $489 from the bank, and on March 16, he took $2,753.

This case was investigated by the FBI and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Robert S. Levine.

SYRACUSE, NEW YORK – Floyd Wood, age 48, of DeRuyter, New York, pled guilty today to attempting to entice a 12-year-old girl into a sexual encounter.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of his plea, Wood admitted that in April 2016, while text messaging with someone he believed was a female acquaintance, he arranged to meet with the acquaintance and her 12-year-old daughter at a Syracuse hotel to engage in a sexual encounter with both the mother and daughter. Wood was actually corresponding with law enforcement officers. He was arrested at the Syracuse hotel where he was to meet the child and her mother, after having been observed at an adult store where he purchased items he intended to use in the encounter.

Wood will be sentenced by United States District Judge David N. Hurd on May 4, 2017. He faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. Wood will also 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 FBI, Syracuse Resident Agency, together with the New York State Police. It is being prosecuted by Assistant United States Attorney Lisa Fletcher as a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Launched in May 2006 by the Department of Justice, and led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBANY, NEW YORK – Ilie Sitariu, age 37, a citizen of Romania, pled guilty today to stealing about $127,000 through the use of skimming devices that were secretly installed on several bank ATMs in the Capital Region. 

The announcement was made by U.S. Attorney Richard S. Hartunian and Andrew W. Vale, 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 used skimming devices and pinhole cameras to secretly capture the account numbers and personal identification numbers (PINs) of customers who used ATMs at First Niagara Bank, Trustco Bank, and Berkshire Bank branches in Chatham, New York, Delmar, New York, and Great Barrington, Massachusetts.  The skimming devices captured the information encoded on the magnetic strips of customers’ bank debit cards, while the pinhole cameras allowed the conspirators to record the PINs used by the customers at ATMs. The conspirators then used the information to steal approximately $127,000 from the customers’ accounts by making withdrawals at ATMs in New York City. 

Sitariu faces at least 2 years and up to 30 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on May 10, 2017 by Senior United States District Judge Lawrence E. Kahn.  A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

SYRACUSE, NEW YORK – Alfred Laquan Thomas, 31, of Rome, New York, pled guilty today to possession of ammunition by a convicted felon, announced United States Attorney Richard S. Hartunian.

As part of his guilty plea today, Alfred Laquan Thomas admitted that he possessed two (2) 12-gauge Remington shotgun shells in his pants pocket on August 16, 2012 when encountered by Syracuse Police minutes after a shooting incident that involved several shotgun rounds fired from his car at the front of an occupied residence on West Bissell Street in Syracuse. In pleading guilty today, Alfred Laquan Thomas also admitted that he was previously convicted of Aggravated Burglary in Kansas in 2003, and was therefore prohibited from possessing ammunition under federal law. 

The charge to which Alfred Laquan Thomas pled guilty today carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to three (3) years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

Alfred Laquan Thomas was ordered held without bail pending sentencing, which is scheduled for April 24, 2017 in Syracuse.

This case is being investigated by The Federal Bureau of Investigation (FBI), The United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Richard R. Southwick.

ALBANY, NEW YORK – Nicholas M. Signore, age 26, of Albany, New York, pled guilty today to conspiring to distribute oxycodone. 

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

Signore faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on April 20, 2017 by U.S. District Judge Mae A. D’Agostino.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

As part of his plea, Signore admitted that in 2015, he obtained approximately 896 oxycodone tablets from a co-conspirator, for resale in the Northern District of New York.

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

ALBANY, NEW YORK – Joshua C. Lozo, age 35, of Troy, New York, was ordered detained yesterday following his arrest on December 15 on charges of receiving and possessing child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation (FBI).

A criminal complaint alleges that between December 15, 2011 and December 15, 2016, Lozo 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. 

On December 21, 2016, Lozo appeared in federal court in Albany before United States Magistrate Judge Christian F. Hummel, who ordered Lozo detained pending trial.

If convicted of receiving child pornography, Lozo faces at least 5 years and up to 20 years in prison.  If convicted of possessing child pornography, Lozo faces up to 10 years in prison.  Conviction on either charge carries a fine of up to $250,000, a term of post-imprisonment supervised release of at least 5 years and up to life, and mandatory registration as a sex offender.  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.

SYRACUSE, NEW YORK – Bruce Kane, 62, of Fort Lauderdale, Florida, who previously resided in Ithaca, New York, was sentenced today to serve 97 months (8 years and 8 months) in prison and ordered to pay $8.9 million of restitution and more than $10 million of forfeiture for conspiracy to commit wire fraud, announced United States Attorney Richard S. Hartunian and FBI Special Agent in Charge Andrew W. Vale. 

“The sentence today reflects the significant suffering of victims who trusted Bruce Kane with their hard-earned savings.   Kane lied to them so that he could steal their money and live the high life.  He is now being held accountable for betraying their trust,” said United States Attorney Hartunian.

“We will continue the dedicated pursuit of those who violate the law for personal gain. This multi-million dollar investment fraud scheme demonstrates the significant impact white-collar criminals can have on hard-working individuals of our communities. Today’s sentencing is the result of the hard work and cooperation between the FBI and the U.S. Attorney’s Office to bring this individual to justice,” said FBI Special Agent in Charge Andrew W. Vale.

As part of his June 13, 2016 guilty plea, Bruce Kane acknowledged that he is a certified public accountant who was the managing partner for Global Financial Fund 8, LLP, a company that solicited and received over $10 million from investors located throughout the United States, including residents of the Northern District of New York.  In pleading guilty, Kane admitted that he misappropriated approximately $1.5 million of the investors $10 million for his own personal use and enjoyment so that he and his family could live a lavish lifestyle.  He further admitted that he used investor funds to buy a $59,000 boat, travel the world, make more than $280,000 in credit card payments, and rent waterfront condominiums in Florida.  In an effort to avoid detection and allow him to continue to divert money for his own use, Kane helped orchestrate the payment of phony “profit” distributions to investors in 2004 and 2005, which were merely a partial return of their own money.  Further, from 2004 to 2013 Kane repeatedly sent false email messages reassuring investors that their investments were secure.

Senior United States District Judge Thomas J. McAvoy also imposed a 3-year period of supervised release, which will start after Kane is released from prison.

Bruce Kane is the second defendant to be sentenced in this case.  On February 19, 2016, Burton Greenberg, 75, of Plantation, Florida who previously pled guilty to these charges on November 9, 2015, in federal court in Fort Lauderdale, Florida, was sentenced to serve 97 months in prison and ordered to pay more than $10 million of restitution and more than $10 million of forfeiture.

The case was investigated by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Geoffrey Brown.

ALBANY, NEW YORK – Glendon Scott Crawford, age 52, of Galway, New York, was sentenced today to 30 years in prison for plotting to kill Muslims with a weapon of mass destruction. 

The announcement was made by United States Attorney Richard S. Hartunian of the Northern District of New York; Acting Assistant Attorney General for National Security Mary B. McCord; and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation.

On August 21, 2015, following a week-long trial, a jury voted to convict Crawford on all charges of a 3-count indictment: attempting to produce and use a radiological dispersal device, conspiracy to use a weapon of mass destruction, and distributing information relating to weapons of mass destruction.  He is the first person in the United States to be found guilty of attempting to acquire and use a radiological dispersal device, in violation of the “dirty bomb” statute passed by Congress in 2004.  Senior United States District Judge Gary L. Sharpe imposed today’s sentence, which also included lifetime, post-imprisonment supervised release.

United States Attorney Richard S. Hartunian stated: “This case shows both the dangers we face from extremist views, and our resolve to stop those who plan to act on those views. Crawford planned to kill Muslims on account of their religion and other people whose political and social beliefs he disagreed with, including government officials.  Our Albany FBI Joint Terrorism Task Force prevented Crawford and his co-conspirator Eric Feight from carrying out their diabolical plan.  Counter-terrorism is our highest priority, and we will continue to identify and hold accountable all those who seek to commit acts of terrorism within our borders.”

"Glendon Scott Crawford is an extremist who planned to use a radiological dispersal device to target unsuspecting Muslim Americans with lethal doses of radiation,” said Acting Assistant Attorney General McCord.  “The National Security Division’s highest priority is counterterrorism, and we will continue to pursue justice against anyone who seeks to perpetrate attacks against Americans on our soil.  I want to thank the many agents, analysts, and prosecutors who worked on this case and are responsible for this result.”

FBI Special Agent in Charge Andrew W. Vale said: “Today’s sentencing is as much a victory for the community as it is for law enforcement.  It is a powerful reminder of the strength and solidarity of our communities.  When confronted with Crawford’s deadly intentions, concerned citizens came forward and alerted law enforcement of Crawford’s plans. While we enjoy today’s success, it is important that we continue in the diligent effort to identify and disrupt those who would go beyond hateful rhetoric to commit violent, criminal acts.”

The evidence presented at trial showed that in April 2012, Crawford approached local Jewish organizations seeking financial support for his plan to acquire a device to be used against people he described as being “enemies of Israel.”  Crawford, a self-professed member of the Ku Klux Klan, drove from the Albany area to North Carolina to directly solicit funding for his plan from senior members of the Ku Klux Klan.  Crawford was an industrial mechanic working in Schenectady, New York.  His goal was to acquire and modify an industrial-grade x-ray radiation device and use it to cause death or injury by exposing people to lethal doses of ionizing radiation.

Crawford, with help from co-conspirator Eric J. Feight, took steps to design, acquire parts for, build, and test a remote-control unit that would activate a radiation dispersal device from a distance.  Evidence presented at trial showed that Crawford sought and eventually received a radiation dispersal device from people he believed were businessmen affiliated with the Ku Klux Klan, but were, actually, FBI Special Agents acting in an undercover capacity.  Before providing the device to Crawford, FBI Agents had rendered it safe.

Feight, acting at Crawford’s direction, built and delivered a remote-control unit.  Crawford wanted the lethal radiation device to be used against Muslim Americans, and he scouted mosques in Albany and Schenectady, and an Islamic community center and school in Schenectady, as possible target locations. Other targets considered by Crawford included the White House and the New York Governor’s Mansion in Albany.

Feight pled guilty to providing material support to terrorists.  Judge Sharpe sentenced him to a 97-month term of imprisonment, to be followed by 3 years of supervised release.

The case was investigated by the Albany FBI Joint Terrorism Task Force, which includes FBI Special Agents as well as members of the New York State Police, the U.S. Department of Homeland Security, the Albany Police Department, the Troy Police Department, and the New York City Police Department.

The case was prosecuted by Assistant United States Attorneys Stephen C. Green and Richard D. Belliss of the Northern District of New York, who represented the United States during trial, and U.S. Department of Justice Senior Trial Attorney Joseph Kaster, with support from the National Security Division and Criminal Division at the U.S. Department of Justice in Washington, D.C.

Glendon Scott Crawford, 52, of Galway, New York, was sentenced today to 30 years in prison and lifetime supervised release, for plotting to kill Muslims with a weapon of mass destruction. 

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Richard S. Hartunian of the Northern District of New York and Special Agent in Charge Andrew W. Vale of the FBI’s Albany Divison.

On Aug. 21, 2015, following a week-long trial, a jury voted to convict Crawford on all charges of a 3-count indictment: attempting to produce and use a radiological dispersal device, conspiracy to use a weapon of mass destruction and distributing information relating to weapons of mass destruction. He is the first person in the U.S to be found guilty of attempting to acquire and use a radiological dispersal device, in violation of the “dirty bomb” statute passed by Congress in 2004. Senior U.S. District Judge Gary L. Sharpe imposed today’s sentence.

"Glendon Scott Crawford is an extremist who planned to use a radiological dispersal device to target unsuspecting Muslim Americans with lethal doses of radiation,” said Acting Assistant Attorney General McCord. “The National Security Division’s highest priority is counterterrorism, and we will continue to pursue justice against anyone who seeks to perpetrate attacks against Americans on our soil.  I want to thank the many agents, analysts, and prosecutors who worked on this case and are responsible for this result.”

“This case shows both the dangers we face from extremist views, and our resolve to stop those who plan to act on those views. Crawford planned to kill Muslims on account of their religion and other people whose political and social beliefs he disagreed with, including government officials. Our Albany FBI Joint Terrorism Task Force prevented Crawford and his co-conspirator Eric Feight from carrying out their diabolical plan. Counter-terrorism is our highest priority, and we will continue to identify and hold accountable all those who seek to commit acts of terrorism within our borders,” said U.S. Attorney Richard S. Hartunian.

“Today’s sentencing is as much a victory for the community as it is for law enforcement. It is a powerful reminder of the strength and solidarity of our communities. When confronted with Crawford’s deadly intentions, concerned citizens came forward and alerted law enforcement of Crawford’s plans. While we enjoy today’s success, it is important that we continue in the diligent effort to identify and disrupt those who would go beyond hateful rhetoric to commit violent, criminal acts,” said Special Agent in Charge Andrew W. Vale.

The evidence presented at trial showed that in April 2012, Crawford approached local Jewish organizations seeking financial support for his plan to acquire a device to be used against people he described as being “enemies of Israel.” Crawford, a self-professed member of the Ku Klux Klan, drove from the Albany area to North Carolina to directly solicit funding for his plan from senior members of the Ku Klux Klan. Crawford was an industrial mechanic working in Schenectady, New York. His goal was to acquire and modify an industrial-grade x-ray radiation device and use it to cause death or injury by exposing people to lethal doses of ionizing radiation.

Crawford, with help from co-conspirator Eric J. Feight, took steps to design, acquire parts for, build and test a remote-control unit that would activate a radiation dispersal device from a distance. Evidence presented at trial showed that Crawford sought and eventually received a radiation dispersal device from people he believed were businessmen affiliated with the Ku Klux Klan, but were, actually, FBI Special Agents acting in an undercover capacity. Before providing the device to Crawford, FBI Agents had rendered it safe.

Feight, acting at Crawford’s direction, built and delivered a remote-control unit. Crawford wanted the lethal radiation device to be used against Muslim Americans, and he scouted mosques in Albany and Schenectady, New York, and an Islamic community center and school in Schenectady, as possible target locations. Other targets considered by Crawford included the White House and the New York Governor’s Mansion in Albany.

Feight pleaded guilty to providing material support to terrorists. Judge Sharpe sentenced him to a 97-month term of imprisonment, to be followed by 3 years of supervised release.

The case was investigated by the Albany FBI Joint Terrorism Task Force, which includes FBI Special Agents as well as members of the New York State Police, the U.S. Department of Homeland Security, the Albany Police Department, the Troy Police Department in New York and the New York City Police Department.

The case was prosecuted by Assistant U.S. Attorneys Stephen C. Green and Richard D. Belliss of the Northern District of New York, who represented the U.S. during trial, and Senior Trial Attorney Joseph Kaster of the National Security Division’s Counterterrorism Section, with support from the U.S. Department of Justice Criminal Division.

ALBANY, NEW YORK – Neil Rothfeder, age 58, of Highland, New York, was sentenced today to 5 years in prison, to be followed by a lifetime term of supervised release, for distributing child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations (HSI), New York. 

As part of his sentence, Rothfeder will also be required to register as a sex offender upon his release from prison. 

As part of his July 6, 2016 plea, Rothfeder admitted to emailing child pornography to others in 2012. 

The case was investigated by HSI New York and prosecuted by Assistant United States Attorney Katherine Kopita.

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/.

BINGHAMTON, NEW YORK – United States Attorney Richard S. Hartunian, joined by FBI Special Agent in Charge Andrew W. Vale, will hold a news conference at noon on December 20, 2016 at the Federal Courthouse in Binghamton, New York, to discuss the sentencing of Bruce Kane. 

Bruce Kane pled guilty on June 13, 2016 to conspiracy to commit wire fraud. He is scheduled to be sentenced on December 20, 2016 at 11:00 a.m. by Senior United States District Judge Thomas J. McAvoy.

Members of the media will be permitted to bring cameras and phones into the press conference; cameras and phones will not be permitted in the courtroom.

What: News Conference to Discuss the Sentencing of Bruce Kane

When: Tuesday, December 20, 2016 12:00 at Noon.

Where: Federal Courthouse (First Floor), 15 Henry Street, Binghamton, New York

ALBANY, NEW YORK – United States Attorney Richard S. Hartunian, joined by FBI Special Agent in Charge Andrew W. Vale, will hold a news conference at noon on December 19, 2016 to discuss the sentencing of Glendon Scott Crawford. 

Crawford was convicted in August 2015 of attempting to acquire and use a radiological dispersal device, conspiring to use a weapon of mass destruction, and distributing information relating to weapons of mass destruction.   He is scheduled to be sentenced on December 19 at 10:30 a.m. by Senior United States District Judge Gary L. Sharpe.

Members of the media will be permitted to bring cameras and phones into the U.S. Attorney’s Office; cameras and phones will not be permitted in the courtroom.

What: News Conference to Discuss the Sentencing of Glendon Scott Crawford

When: Monday, December 19, 2016 @ Noon

Where: U.S. Attorney’s Office, 445 Broadway, Room 218, Albany

SYRACUSE, NEW YORK – Rostislav Skalka, 48, of the Czech Republic and Robert Bella, 45, of Slovakia were each convicted of one count of illegal entry into the United States following a one-day, non-jury trial in federal court yesterday.  The announcement was made by United States Attorney Richard S. Hartunian and John C. Pfeifer, Chief Patrol Agent, Swanton Sector, United States Border Patrol.

At trial, the evidence established that Skalka and Bella entered the United States from Canada near Waddington, New York, by crossing the St. Lawrence River in a makeshift raft and without immigration inspection at a valid port of entry. Following the verdict, United States Magistrate Judge David E. Peebles sentenced the defendants to time served (three months) in connection with their convictions for these misdemeanor offences. Skalka and Bella are expected to face deportation following further proceedings. 

The case was investigated by the United States Border Patrol and was prosecuted by Assistant United States Attorney Sahar L. Amandolare.

ALBANY, NEW YORK – Justin M. Brooks, age 27, of Rensselaer, New York, pled guilty today to conspiring to distribute oxycodone. 

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

Brooks faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on April 10, 2017, by Senior U.S. 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.

As part of his plea, Brooks admitted that from about November 2015 through January 2016, he obtained approximately 150 oxycodone tablets from a co-conspirator, for resale in the Northern District of New York.

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

SYRACUSE, NEW YORK – James P. Griffin, 71, of Cazenovia, was sentenced today to 5 years imprisonment, ordered to pay a $2,300 special assessment and $2,153,530.93 in restitution announced United States Attorney Richard S. Hartunian, IRS Criminal Investigation, New York Field Office Acting Special Agent in Charge Kathy A. Enstrom, and FBI Albany Division Special Agent in Charge Andrew Vale.

“This massive fraud caused harm that can never be fully repaid. Today’s sentence represents a measure of justice for the victims who will suffer the effects of these crimes for years to come,” said United States Attorney Richard S. Hartunian.

“Mr. Griffin knowingly mixed deceit and trickery into the financial well-being of individuals and created a recipe for devastation that could last a lifetime,” said Kathy A. Enstrom, Acting Special Agent in Charge, IRS Criminal Investigation, New York Field Office.  “Today's sentencing demonstrates how federal law enforcement will band together to help put an end to the criminal behavior of those who prey on investors for their personal financial gain.  IRS Criminal investigators will continue to use their financial expertise to identify and trace laundered funds in these types of fraud schemes.”

“Mr. Griffin’s fraudulent and criminal acts cost his victims millions of dollars,” said FBI Special Agent in Charge Andrew W. Vale. “At its most basic level, this is a crime about greed and abuse of trust. The FBI will continue working with our law enforcement partners to stop those who line their pockets at the expense of others.”

Griffin was found guilty of fraud and money laundering charges following a jury trial in federal court in July.  He is the Chief Executive Officer of several companies using variations of the names 54 Freedom and 5 Ledyard, all headquartered at 5 Ledyard Avenue, Cazenovia, New York.  The evidence at trial demonstrated that Griffin solicited over $1.6 million in sales through a scheme involving a financial product he named, “the 54 Freedom Charitable Gift Annuity.”  Trial testimony established that Griffin promised that the product was backed by a highly-rated, major insurance carrier and would provide guaranteed lifetime income to the purchaser.  The evidence showed that, in fact, Griffin knew the Charitable Gift Annuities were not underwritten by insurance companies, and purchasers received no payments after 2013. 

The jury also found Griffin guilty of mail fraud based on a scheme to entice investors to use retirement funds to invest in his companies by falsely promising to protect them from the tax consequences of withdrawing funds from qualified retirement accounts.   The total loss from both schemes is more than $2.1 million dollars.

This case was investigated by the Internal Revenue Service, Criminal Investigation, and the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorneys Edward R. Broton and Carina H. Schoenberger.

ALBANY, NEW YORK – Gregory L. Clark, age 26, of Troy, New York, was sentenced today to 57 months in prison for unlawfully possessing a firearm and ammunition.

The announcement was made by U.S. Attorney Richard S. Hartunian, Troy Police Chief John F. Tedesco, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.

As part of his August 30 guilty plea, Clark admitted that on April 2, 2016, he possessed a Ruger .357 caliber revolver and .357 caliber ammunition.  After receiving information that a man had a gun, Troy Police Officers found Clark hiding in a closet in a Lansingburgh apartment where he also had the revolver and ammunition.  He could not possess a firearm or ammunition because he had three prior felony convictions.   

Senior U.S. District Judge Gary L. Sharpe also ordered Clark to serve 3 years of supervised release following his release from prison. 

This case was investigated by the Troy Police Department and ATF, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK –  Anastasios Katzopoulos a/k/a Anastasios Alexander Hatzopoulos,  38, of Rising Fawn, Georgia, and formerly of North Syracuse, New York, was sentenced yesterday to time served, following two months of incarceration, after pleading guilty to making false statements in a passport application and making false statements to the Social Security Administration.  The announcement was made by United States Attorney Richard S. Hartunian and John Grasso, Special Agent in Charge for the New York Field Division of the United States Social Security Administration, Office of Inspector General.

As part of his guilty plea Katzopoulos admitted that he was issued a social security number in 1993 and a United States passport in 2002.  He further admitted that in June 2012, while living in North Syracuse, New York, he applied for and was issued a new social security number after stating that he had never previously been issued a social security number.  The following month, Katzopoulos used the second social security number to apply for a United States passport, falsely stating that he had never previously applied for or been issued a United States passport. 

In August 2016, Katzopoulos pled guilty before United States District Judge David N. Hurd.  In addition to the two-month period of incarceration already served, Katzopoulos was sentenced to a term of supervised release for three (3) years, to complete eighty (80) hours of community service, and to pay a fine in the amount of $10,000.   

This case was investigated by the United States Social Security Administration, Office of Inspector General and the United States Department of State, Diplomatic Security Service and was prosecuted by Assistant United States Attorneys Carina H. Schoenberger and Sahar L. Amandolare.

SYRACUSE, NEW YORK – Kirkland Smith, age 55, of Witherbee, New York, pled guilty today to six counts of possessing child pornography. 

The announcement was made by U.S. Attorney Richard S. Hartunian; New York State Police Superintendent George P. Beach II; and James C. Spero, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.

As part of his guilty plea, Smith admitted to possessing hundreds of videos and images of child pornography on a memory card seized from his car and on five hard drives seized from his home.  Smith, who was previously convicted of second-degree child molestation in Rhode Island, also admitted that the child pornography involved prepubescent minors and minors under the age of 12.  

On each count, Smith faces at least 10 years and up to 20 years in prison, a $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life when he is sentenced on April 10, 2017 by Senior U.S. District Judge Norman A. Mordue.  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 New York State Police and Homeland Security Investigations (HSI), and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

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

SYRACUSE, NEW YORK – Donald T. Johnson, 34, of Peterborough, Ontario, Canada, was arrested in Canton, New York, and charged by criminal complaint yesterday with unlawful reentry of a removed alien, announced United States Attorney Richard S. Hartunian.  Johnson made his initial appearance yesterday before United States Magistrate Judge David E. Peebles and was ordered detained pending further proceedings in the case.  The criminal complaint alleges that Johnson, a Canadian citizen, unlawfully reentered the United States after having been deported in 2011.

The charge filed against Johnson carries a maximum sentence of 2 years in prison, a fine of up to $250,000, and a term of supervised release of up to 1 year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

This case is being investigated by United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

ALBANY, NEW YORK - On Monday, December 12th, the United States Attorney’s Office for the Northern District of New York is partnering with anti-heroin groups across Rensselaer County to host a presentation on heroin, opiates and other drugs, and their effect on human physiology- 

“Understanding Heroin, Addiction and the Brain”
Guest Speaker, Michael Nerney
Monday, Dec. 12th, 7 – 9 PM
McDonough Sports Complex
Hudson Valley Community College

“The explosion of prescription opioid drug abuse and heroin is a nationwide issue with terrible local consequences.  Given the recent report from the U.S. Surgeon General that more people now use prescription opioids than use tobacco, it is no longer a matter of if opiate or heroin addition will affect someone you know, it’s when,” said United States Attorney Richard S. Hartunian.  “Education and prevention are essential elements to combatting this epidemic. My office has partnered with six communities across the Northern District of New York to host this presentation and we will continue to work with community groups, law enforcement agencies and local government to combat this scourge,” said the U.S. Attorney.

Joining the U.S. Attorney’s Office in offering this presentation are Rensselaer County Executive Kathleen Jimino and the Rensselaer County Heroin Coalition, the Nopiates – Say No to Opiates – Coalition, the Troy Drug Free Community Coalition, the RADAR – Rensselaer Area Drug Awareness Reality Coalition, and the New York National Guard Counterdrug Task Force.

“Heroin and opioid addiction is devastating to those inflicted as well as to the person’s family and friends. Sadly, even those committed to breaking the chains of heroin addiction find the struggle difficult to overcome making it imperative to redouble our efforts to prevent addiction and support efforts to assist those seeking or in recovery.  Additionally, I want to commend United States Attorney Richard S. Hartunian for his leadership on this issue as well as all of our partners in the Rensselaer County Heroin Coalition for their continued dedication,” stated Rensselaer County Executive Kathleen M. Jimino. 

The December 12th evening event will include featured speaker Michael Nerney, the former director of the Training Institute of Narcotic and Drug Research in New York City. Mr. Nerney has been a national consultant on adolescent chemical dependency and addiction and has over thirty-seven years of experience in the field of substance abuse and prevention.  His area of expertise includes psycho-pharmacology, adolescent chemical dependency, relapse prevention, heroin and prescription opioids.  Mr. Nerney has also been a consultant to the federal Office of Substance Abuse Prevention, New York State Education Department, New York State Division of Probation and Correctional Alternatives, New York State Division of Criminal Justice Services, and two television networks.  He has been featured on 20/20, a primetime news magazine television show.

The United States Attorney’s Office for the Northern District of New York has partnered with local groups to present programs featuring Michael Nerney in Plattsburgh through their Substance Abuse Prevention and Recovery of Clinton County, Mohawk Valley Community College with the Oneida County Sheriff, Massena High School Freshman Academy, and the St. Regis Mohawk Tribe Alcohol/Chemical Dependency Prevention Program.  Two more presentations are slated with the Broome Opioid Abuse Council and the Jefferson County Community College in December. 

Community showings of the 47-minute film, “Chasing the Dragon: The Life of an Opiate Addict,” a United States Department of Justice sponsored documentary, are scheduled in each of these areas as a follow-up meeting and discussion.  The purpose of bringing communities together on opiate addiction is to –

• create an urgent awareness of the opiate/heroin epidemic,
• start the discussions people need to have on the issue,
• alter the stigma of addiction by bringing it into the open,
• stress that prevention is essential,
• declare that recovery is possible, and
• build unity in addressing the opiate/heroin epidemic.

For further information on how to schedule a “Chasing the Dragon” documentary showing in your community, call the U.S. Attorney’s Office at 518-431-0247.

SYRACUSE, NEW YORK – Tony Ivey, 53, of Rochester, New York, pled guilty in United States District Court for the Western District of New York to threatening to kill a Rochester based Assistant United States Attorney.   The announcement was made by United States Attorney for the Northern District of New York Richard S. Hartunian, whose office prosecuted the case.

On June 14, 2016, Ivey twice called the United States Attorney’s Office for the Western District of New York in Rochester, New York and threatened to kill an Assistant United States Attorney with an assault rifle. The threats were made when Mr. Ivey was advised by the Assistant United States Attorney he could not directly assist him with a complaint and referred Ivey to another agency to address the problem.   

Ivey faces up to 10 years in prison, a fine of up to $250,000, a term of post-imprisonment supervised release of up to 3 years, and a special assessment of $100, when he is sentenced on March 7, 2017, in Rochester by Chief United States District Judge Frank, P. Geraci, Jr.  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 Marshals Service for the Western District of New York and is being prosecuted by Assistant U.S. Attorney Geoffrey Brown of the United States Attorney’s Office for the Northern District of New York.

SYRACUSE, NEW YORK – Carol-Lisa Gutman, age 62, of Delmar, New York, was sentenced today to 22 months in prison after a jury found her guilty earlier this year of conducting a 15-year fraud scheme in which she received about $429,000 in federal disability benefits.

The announcement was made by United States Attorney Richard S. Hartunian and Eileen Neff, Special Agent in Charge for the Northeast Area of the United States Postal Service Office of Inspector General.

In June, Gutman was convicted of five counts of wire fraud, two counts of federal employees’ compensation fraud, and one count of theft of government money after a six-day jury trial in Albany presided over by Senior United States District Judge Frederick J. Scullin, Jr.  In addition to the 22-month prison sentence, Judge Scullin ordered Gutman to be placed on supervised release for 2 years after her release from prison and to pay restitution to the United States Department of Labor in the amount of $429,677.93.

The evidence at trial demonstrated that Gutman began receiving federal workers’ compensation benefits in 1987, after claiming to have injured her back while working for the United States Postal Service.  From that time forward, Gutman claimed to be completely disabled, regularly reporting to her doctors that she was essentially housebound and lacked the ability to do any substantial amount of bending, lifting, carrying, or even sitting.  Gutman also reported that she spent 15 hours each day in a large hot tub in order to obtain relief for her back pain and that she did not perform household-related tasks.

The evidence at trial included hours of video recordings from 2011, 2012 and 2013, showing Gutman working in her yard, performing activities such as raking leaves, mowing the lawn, carrying large pails of yard waste, and bending over repeatedly. As a result of her fraud, between September 2001 and April 2016, Gutman received more than $429,000 in workers’ compensation benefits to which she was not entitled.

This case was investigated by the United States Postal Service Office of Inspector General, and was prosecuted by Assistant United States Attorney Michael F. Perry.