Northern District of New York

ALBANY, NEW YORK – Calvin Strong, age 24, of Albany, New York, pled guilty today to unlawfully possessing a handgun, and to possessing and intending to distribute cocaine, crack cocaine and heroin.

 

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

 

As part of his guilty plea, Strong admitted that on October 18, 2015, while in an apartment in Troy, New York, he unlawfully possessed a Kimber Ultra Raptor II, a .45 caliber handgun, and cocaine, crack cocaine, and heroin, with the intent to distribute those drugs.   As a felon, Strong could not lawfully possessing the handgun.

 

Strong faces up to 30 years in prison, a maximum fine of $2 million, and a term of post-imprisonment supervised release of at least 6 years and up to life when he is sentenced on May 8, 2017 by Senior U.S. District Judge Thomas J. McAvoy.  

 

This case was investigated by the ATF and the Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Belliss.

ALBANY, NEW YORK – Tristan Shaw, age 31, of Granville, New York, was sentenced today to 5 years in prison for 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).

 

As part of his August 9 guilty plea, Shaw admitted that between November 26, 2009 and November 26, 2013, he used the Internet and a peer-to-peer file-sharing program to receive approximately 200 still image files containing child pornography. 

 

Senior United States District Judge Gary L. Sharpe also imposed a 25-year term of supervised release, which will start after Shaw is released from prison.  As a result of his conviction, Shaw will be required to register as a sex offender after leaving prison. 

 

This case was investigated by HSI and was prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Marc T. Woodley, age 32, of Plattsburgh, New York, pled guilty today to illegally possessing a firearm.

 

The announcement was made by United States Attorney Richard S. Hartunian; Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) New York Field Division; and Plattsburgh Police Chief Desmond Racicot.

 

Woodley admitted that he illegally possessed a Mossberg shotgun on June 22, 2015 after he called police to report a burglary at his apartment in Plattsburgh.  Responding Plattsburgh Police officers found nearly a pound of marijuana and the shotgun in Woodley’s bedroom.  A further search of Woodley’s apartment revealed multiple smoking devices and a digital scale.  As a user of a controlled substance, Woodley was prohibited from possessing the Mossberg shotgun. 

 

As a result of his conviction, Woodley faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced by Chief U.S. District Judge Glenn T. Suddaby on April 6, 2017.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

 

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

ALBANY, NEW YORK – Dylan Joseph David, age 26, of St. Regis, Quebec, was sentenced today to 16 months in prison, to be followed by 3 years of supervised release, for harboring two illegal aliens.  David was also sentenced to an additional 10 months in prison for violating the conditions of a term of federal supervised release that was imposed for a prior federal conviction. 

 

The announcement was made by U.S. Attorney Richard S. Hartunian and John C. Pfeifer, U.S. Border Patrol’s Chief Patrol Agent for the Swanton Sector.  U.S. District Judge David N. Hurd imposed the sentence in Utica, New York.

 

In July, David pled guilty to harboring two illegal aliens for the purpose of commercial advantage and private financial gain.  David harbored two women from Chile at a motel in Fort Covington, New York, in March 2016, after the Chileans snuck across the border into the United States. 

 

David’s conviction for harboring aliens was one of several violations of his federal supervised release for a prior drug crime, for which Judge Hurd imposed an additional 10 months of imprisonment.   

 

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

BINGHAMTON, NEW YORK – Ryan Root, age 37, of West New York, New Jersey, and formerly of Binghamton, New York, pled guilty today to conspiring to distribute anabolic steroids and commit international money laundering. 

 

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); New York State Police Superintendent George P. Beach II; and Inspector in Charge Shelly A. Binkowski, U.S. Postal Inspection Service, Boston Division.

 

As part of his plea, Root admitted that between January 2011 and September 2015, he purchased distribution-size quantities of anabolic steroids from China.  He arranged for the steroids to be shipped directly to him and to co-conspirators, and then for the steroids to be shipped and resold throughout the United States.  He also wired money to China and directed other co-conspirators to do so.  

 

U.S. Attorney Richard S. Hartunian said: “Anabolic steroids are controlled substances that pose significant health risks when used unlawfully.  Root and his organization obtained these dangerous substances from China and then distributed them throughout the country, imperiling all who purchased them.  Thanks to outstanding teamwork among federal and state agencies, Root and his co-conspirators are being held accountable.”

 

DEA Special Agent in Charge James J. Hunt said: “Using steroids or any synthetically derived controlled substance without regulation is like playing Russian roulette.  Root used his drug trafficking organization to distribute unregulated anabolic steroids, putting other people’s lives at risk.  By working with our law enforcement partners, this organization was dismantled.”

 

New York State Police Superintendent George P. Beach II said: “This investigation uncovered a large conspiracy to illegally acquire and distribute anabolic steroids, which exposed users to potentially dangerous health risks. The ongoing collaboration between state and federal agencies was a critical factor in the success of this case, and I thank our federal partners for their outstanding work.”

 

Postal Inspector in Charge Shelly A. Binkowski said: “The U.S. Postal Service is in the business of moving the mail and has no interest in being involved in the distribution of illegal drugs.  Anabolic steroids are a controlled substance and like any other illegal drug, we want to keep them out of the U.S. Mail and away from the general public who may not be aware of the full risks associated with their use.  I commend all of our law enforcement partners who came together to bring these criminals to justice.”

 

Root and 9 co-conspirators were arrested on September 23, 2015.  Root is the eighth defendant to plead guilty in this case.  The 2 defendants whose charges are not resolved, Kent Fletcher and Michael Gisondi, are presumed innocent unless and until proven guilty.

 

The name of each defendant is set forth in the chart below, along with each defendant’s age, place of residence, charges, and the maximum penalties they face.  None of the defendants who have pled guilty have been sentenced yet.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Senior U.S. District Judge Thomas J. McAvoy will sentence Root on March 13, 2017.

 

This case is the result of a joint investigation conducted by the DEA, the New York State Police, and the United States Postal Inspection Service.  The case is being prosecuted by Assistant United States Attorney Solomon B. Shinerock.

 

Defendants Who Have Pled Guilty

 

Name

Age

Residence

Charges

Maximum Term of Imprisonment

Boylan, Paul

32

Endicott, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Clark, Kyle

31

Dallas, Texas

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

 

10 years

 

 

Doane, Caleb

31

Rancho Cucamonga, California

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Garcia, Jason

22

Duluth, Georgia

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

O’Brien, Jeremiah

35

Binghamton, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

Progovitz, Richard

38

Owego, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

Root, Ryan

37

West New York, NJ

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Strassle, Derek

33

Endicott, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

 

 

Defendants Still Facing Charges

 

Name

Age

Residence

Charges

Maximum Potential Term of Imprisonment

Fletcher, Kent

48

Alpharetta, Georgia

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Gisondi, Michael

50

Belleville, New Jersey

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

 

 

Employee Caused Minnesota Company $25 Million in Losses

A Greene County, New York, woman pleaded guilty today to stealing at least $3.1 million from Cargill Inc. (Cargill) over 10 years and causing at least $25 million in losses.  The woman was an accounting manager at Cargill, the country’s largest privately held corporation, based in Minnetonka, Minnesota.

The announcement was made by U.S. Attorney Richard S. Hartunian of the Northern District of New York; Special Agent in Charge Andrew W. Vale of the FBI’s Albany Division; and Special Agent in Charge Shantelle P. Kitchen of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

Diane Backis, 50, of Athens, New York, pleaded guilty to mail fraud and filing a false income tax return.  Backis was responsible for accounting functions in Albany related to Cargill’s grain operations, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments.  As part of her plea, Backis admitted that she defrauded Cargill while working in its Port of Albany facility, which receives, stores and sells grain products.

“Ms. Backis stole millions of dollars from her employer in a decade-long scheme to enrich herself so she could live beyond her means,” said U.S. Attorney Hartunian.  “She stole money by diverting customer payments to her personal bank accounts and sold grain products for millions less than her employer paid, causing enormous financial losses.  Her guilty plea today sends a strong message that crime does not pay.”

“Ms. Backis repeatedly victimized her employer,” said FBI Special Agent in Charge Vale.  “This kind of fraud is a sinister act that involves not only criminality but a willingness to cause Cargill, Inc. millions in losses.  The FBI will continue to work together with its law enforcement partners to ensure people like Ms. Backis are held accountable.”

“This investigation demonstrates the resolve of the government to investigate and prosecute financial crimes,” said IRS-CI Special Agent in Charge Kitchen.  “Ms. Backis stole millions of dollars from Cargill, Inc. for a 10-year period, while committing tax fraud in the process.  Today, she is held accountable for the financial harm she inflicted on Cargill Inc. and the law-abiding American taxpayer.”

As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts.  Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers.  The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses.  The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls.  To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices and that customers owed Cargill millions of dollars for delivered grain products, only to reverse those false entries.  As a result, Cargill lost at least $25 million.

Backis also admitted that she filed a false 2015 individual income tax return because she declared only $61,208 in total income and omitted over $450,000 in additional taxable income she received by stealing customer payments intended for Cargill in 2015.

Backis faces up to 20 years in prison, a three-year term of supervised release and a fine of up to $250,000 when she is sentenced on March 28, 2017 by U.S. District Judge Mae A. D’Agostino in Albany.  As part of her guilty plea, Backis has agreed to pay Cargill at least $3.5 million in restitution and to forfeiture of her house in Athens, an investment brokerage account, and her Cargill pension benefits.

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.

The case was investigated by the FBI and IRS-CI, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers in the Northern District of New York.

ALBANY, NEW YORK –  John Coffin, aka “Body,” age 47, of Schenectady, New York, was sentenced today to 125 months in prison, to be followed by 5 years of supervised release, for possessing a firearm in furtherance of a drug trafficking crime.

 

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).

As part of his August 4 guilty plea, Coffin admitted that he possessed a loaded 9 millimeter rifle at his home in Schenectady, and that he used that firearm to protect the drugs and cash – which were drug proceeds – he kept at his home.  In imposing sentence, Senior United States District Judge Gary L. Sharpe described Coffin’s criminal history as “absolutely abysmal” and noted his “absolute penchant for drugs and guns.”

 

This case was investigated by the FBI, the New York State Police, and the Schenectady Police Department.  The case was prosecuted by Assistant United States Attorney Wayne A. Myers.

ALBANY, NEW YORK – A Greene County, New York, woman pled guilty today to stealing at least $3.1 million from Cargill, Inc. (“Cargill”) over 10 years and causing at least $25 million in losses.  The woman was an accounting manager at Cargill, the country’s largest privately held corporation, based in Minnetonka, Minnesota.

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Andrew W. Vale of the FBI’s Albany Division; and Special Agent in Charge Shantelle P. Kitchen of Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

Diane Backis, age 50, of Athens, New York, pled guilty to mail fraud and filing a false income tax return.  Backis was responsible for accounting functions related to Cargill’s grain operations in Albany, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments.  As part of her plea, Backis admitted that she defrauded Cargill while working in its Port of Albany facility, which receives, stores, and sells grain products.

U.S. Attorney Richard S. Hartunian said, “Ms. Backis stole millions of dollars from her employer in a decade-long scheme to enrich herself so she could live beyond her means.  She stole money by diverting customer payments to her personal bank accounts and sold grain products for millions less than her employer paid, causing enormous financial losses.  Her guilty plea today sends a strong message that crime does not pay.”

FBI Special Agent-in-Charge Andrew W. Vale said, “Ms. Backis repeatedly victimized her employer.  This kind of fraud is a sinister act that involves not only criminality but a willingness to cause Cargill, Inc. millions in losses.  The FBI will continue to work together with its law enforcement partners to ensure people like Ms. Backis are held accountable.”

IRS-CI Special Agent-in-Charge Shantelle P. Kitchen said, “This investigation demonstrates the resolve of the government to investigate and prosecute financial crimes.  Ms. Backis stole millions of dollars from Cargill, Inc. for a 10-year period, while committing tax fraud in the process.  Today, she is held accountable for the financial harm she inflicted on Cargill, Inc. and the law-abiding American taxpayer.”

As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts.  Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers.  The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses.  The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls.  To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices, and that customers owed Cargill millions of dollars for delivered grain products, only to reverse those false entries.  As a result, Cargill lost at least $25 million.

Backis also admitted that she filed a false 2015 individual income tax return because she declared only $61,208 in total income and omitted over $450,000 in additional taxable income she received by stealing customer payments intended for Cargill in 2015.

Backis faces up to 20 years in prison, a 3-year term of supervised release, and a fine of up to $250,000 when she is sentenced on March 28, 2017 by U.S. District Judge Mae A. D’Agostino.  As part of her guilty plea, Backis has agreed to pay Cargill at least $3.5 million in restitution, and to forfeiture of her house in Athens, an investment brokerage account, and her Cargill pension benefits.  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.

The case was investigated by the FBI and IRS-CI, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

SYRACUSE, NEW YORK - Harold Jones, 23, of Utica, New York, pled guilty today to being a felon in possession of a firearm and ammunition.

 

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

 

As part of his plea, Jones admitted that on April 20, 2016, he possessed a Smith & Wesson .40 caliber pistol and Twelve (12) rounds of .40 caliber ammunition. Jones was prohibited from possessing the pistol and ammunition because he has prior felony convictions for a New York drug offense and for Attempted Burglary.

 

Jones faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced on March 23, 2017 by Senior U.S. District Judge Frederic J. Scullin. 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 Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown

ALBANY, NEW YORK – David J. Rancourt, age 61, of Palmer, Massachusetts, pled guilty today to attempted coercion and enticement of a minor for prohibited sexual activity, and to having distributed, received, and possessed child pornography.

 

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 plea, Rancourt admitted that he posted an online advertisement titled “Dad looking for a son,” in which he solicited sexual role-play encounters with a boy.  Following email and instant message exchanges with a Colonie Police Department officer acting undercover, Rancourt travelled to Albany in order to meet at a prearranged time and place to engage in sexual activities with a person he believed to be a 14-year-old boy.  He also sent and received child pornography using a phone-based instant messaging application and possessed child pornography on his phone.

 

Rancourt faces at least 10 years and up to life in prison on the attempted coercion and enticement charge, and at least 5 years and up to 20 years in prison for receiving and distributing child pornography.  He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration 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.  U.S. District Judge Mae A. D’Agostino is scheduled to sentence Rancourt on March 23, 2017.

 

This case was investigated by the Colonie Police Department and the FBI, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.

 

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

ALBANY, NEW YORK – Parker S. Sikand, age 24, of Ballston Spa, New York, pled guilty today to distributing, receiving and possessing child pornography.

 

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).

 

As part of his guilty plea, Sikand admitted that while living in Troy, New York, in September and October 2012, he distributed, received and possessed videos depicting children, some as young as 2-3 years old, engaged in sexual acts.  He admitted to distributing and receiving these videos through an Internet peer-to-peer file-sharing service, and to possessing them on a laptop computer and a separate computer hard drive.

 

Sikand faces at least 5 years and up to 20 years in prison, 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.  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.  U.S. District Judge Mae A. D’Agostino is scheduled to sentence Sikand on March 23, 2017. 

 

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

ALBANY, NEW YORK – Jason Twiss, age 28, of Albany, New York, pled guilty yesterday to illegally possessing two firearms, attempting to possess heroin with the intent to distribute it, and carrying firearms in relation to a drug trafficking crime.

 

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

 

As part of his plea, Twiss admitted that on December 10, 2014, he drove to Kingston, New York, for the purpose of purchasing heroin that he could then sell.  While parked in the Kingston Hospital parking lot, Twiss carried and displayed a loaded Ruger .22 caliber semi-automatic rifle with a 30-round magazine, and a loaded Glock 9 millimeter semi-automatic pistol, to guard against the potential theft of the money he had brought to purchase the narcotics. 

 

As a felon, Twiss could not legally possess either the Ruger or the Glock. 

 

Twiss faces at least 5 years and up to life in prison, a fine of up to $750,000, and a term of post-imprisonment supervised release of at least 3 years and up to life when he is sentenced on March 13, 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.

 

This case was investigated by the ATF and the Kingston Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

SYRACUSE, NEW YORK – Federal and Onondaga County prosecutors held a Law Enforcement Executive Roundtable meeting today with local and New York State police agencies to discuss policies and procedures for investigating drug overdose deaths and prosecuting those responsible for them, announced United States Attorney Richard S. Hartunian and Onondaga County District Attorney William J. Fitzpatrick.

 

The meeting was held in the United States Attorney’s Office for the Northern District of New York in Syracuse. Among the topics discussed were the elements of available criminal charges under federal and state law for distribution of a controlled substance that results in death or serious physical injury. Prosecutors, Chiefs of Police, and command level law enforcement supervisors discussed investigative techniques, evidence handling, coordination with federal law enforcement agencies, and consultation with prosecutors during the current opioid drug and heroin epidemic. Local agencies are the first responders for drug overdoses and their officers frequently administer Narcan (naloxone), an antidote that will temporarily counteract the effects of lethal opioid drug ingestion.  Local police agencies also spearhead criminal investigations of drug overdose deaths during the critical initial phase where evidence is gathered and witnesses interviewed.

 

Attendees heard a presentation from Onondaga County Medical Examiner Dr. Robert Stoppacher, whose office is vital to the investigation of homicide cases under both federal and state law.

 

In addition to the United States Attorney’s Office and the Onondaga County District Attorney’s Office, command level executives from the following law enforcement agencies participated in today’s meeting:

 

United States Drug Enforcement Administration (DEA)

New York State Police

Syracuse Police Department

Onondaga County Sheriff’s Office

Town of Dewitt Police Department

Town of Manlius Police Department

Town of Cicero Police Department

Village of Baldwinsville Police Department

Town of Camillus Police Department

New York State University Police

Town of Geddes Police Department

Village of Liverpool Police Department

Village of Skaneateles Police Department

Village of North Syracuse Police Department

Village of Solvay Police Department

 

There will be further coordination between police and prosecutors on this important criminal justice/public health initiative in the future.

ALBANY, NEW YORK – Roberta L. Rivers, age 58, of South Glens Falls, New York, was sentenced today to serve 5 months of home confinement, and 3 years of supervised release, for stealing over $112,000 in benefits from the Social Security Administration (SSA).

 

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

 

As part of her May 17, 2016 guilty plea, Rivers admitted that she withheld information from the SSA that would have made her ineligible to receive the Supplemental Security Income (SSI) and Survivors Insurance benefits she collected from July 2002 through November 2013.  Rivers did not report that she had remarried and resided with her husband, a change in circumstance she was required to disclose.

 

Senior District Court Judge Gary L. Sharpe also ordered Rivers to pay $112,072 in restitution to the SSA.

 

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

ALBANY, NEW YORK – Tyron S. Jackson, age 28, of Rensselaer, New York, was sentenced yesterday to 46 months in prison, to be followed by 3 years of supervised release, after pleading guilty to unlawfully possessing a single bullet. 

 

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

 

Senior U.S. District Judge Gary L. Sharpe cited the defendant’s criminal history, including a 2006 conviction for robbery in the first degree and a May 2016 conviction for unlawful possession of a firearm, in explaining why the 46-month sentence was warranted.

 

As part of his guilty plea on June 20, 2016, Jackson admitted to possessing a single 9 millimeter Luger bullet during a September 25, 2015 traffic stop conducted by the Niskayuna Police Department on Albany Street in Schenectady County.  As a felon, he could not possess the Luger bullet. 

 

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

UTICA, NEW YORK – Eric Jaquays, age 54, of Little Falls, New York, was sentenced today to 5 years of imprisonment for distributing child pornography.

 

The announcement was made by U.S. 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 July 20, 2016 plea, Jaquays admitted that between December 27, 2104 and December 12, 2015, he used the Internet and a peer-to-peer file sharing program to distribute 27 video files containing child pornography. 

 

United States District Judge David N. Hurd also imposed a 5-year term of supervised release, which will start after Jaquays is released from prison.  As a result of his conviction, Jaquays will be required to register as a sex offender after leaving prison. 

 

This case was investigated by HSI and the Saratoga Springs Police Department, and was prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Darren Kattan 31, of Baton Rouge, Louisiana, pled guilty today in Federal Court in Syracuse to one felony count of conspiracy to commit mail fraud in connection with a violation of 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. Kattan will be sentenced by Senior District Judge Norman A. Mordue on March 16, 2017.

 

In pleading guilty, Kattan admitted that between 2010 and 2013 he designed, built, and sold “simulator devices” which were programmed to fraudulently by-pass motor vehicle emissions inspection tests. In total, members of the conspiracy distributed one hundred and seventy (170) of the simulator devices throughout the United States.  Kattan was arrested by Special Agents of the Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”) during a sting operation in Louisiana after he provided the source codes for his devices in exchange for a $10,000 payment.

 

The charge to which Kattan pled guilty carries a maximum sentence of up to five (5) years in prison, a term of supervised release of up to three (3) years and a fine of up to $250,000.

 

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, United States Department of Justice, Environmental Crimes Section.

ALBANY, NEW YORK – Jonathon P. Shappy, age 29, of Schuyler Falls, New York, pled guilty yesterday to aiding and abetting the making of a false statement during the purchase of a rifle.

 

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and New York State Police Superintendent George P. Beach II.

 

During his plea, Jonathon Shappy admitted that on March 6, 2016, after being denied the purchase of a Henry Repeating Arms .22 caliber rifle from a store in Plattsburgh, he called his uncle, Donald J. Shappy, Jr., and asked Donald to purchase the gun for him.  On March 7, 2016, Donald Shappy purchased the firearm and in so doing falsely certified he was the true purchaser of the firearm. 

 

Donald Shappy pled guilty on August 4, 2016 to making a false statement during the purchase of a firearm.  He is scheduled to be sentenced on December 1, 2016.

 

As a result of his conviction, Jonathon Shappy faces up to 10 years in prison, a fine of up to $250,000, and up to 3 years of post-imprisonment supervised release when he is sentenced by U.S. District Judge Mae D’Agostino on March 13, 2017.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

 

This case was investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Three Assistant United States Attorneys for the Northern District of New York and two Special Agents of the Federal Bureau of Investigation in the District were honored today in our nation’s capital for their distinguished public service. Attorney General Loretta E. Lynch recognized 376 Department of Justice employees and 47 others (from outside DOJ) for their distinguished public service today at the 64th Annual Attorney General’s Awards Ceremony in Washington, D.C.  This annual ceremony recognizes individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.

 

Assistant U.S. Attorneys Steven D. Clymer, Lisa M. Fletcher, and Tamara B. Thomson, and FBI Special Agents Frederick E. Bragg and Alix Skelton received Attorney General’s Distinguished Service Awards for their work on the investigation and prosecution of Stephen M. Howells, II, 40, and Nicole F. Vaisey, 26, both of Hermon, New York, in connection with their 2014 kidnapping and exploitation of two young Amish girls in St. Lawrence County. 

 

“The Attorney General’s Awards provide us with a rare opportunity to honor the efforts of outstanding department employees and our invaluable partners across the federal government and at the state and local levels,” said Attorney General Lynch.  “Their work has made our nation – and our world – stronger, safer and more just, and I am proud of and inspired by each and every one of them.”

 

“I am extremely proud that this team of federal prosecutors and FBI Special Agents are being honored for their outstanding work in bringing these depraved predators to justice. Howells and Vaisey drugged and sexually exploited young children, some of whom had been entrusted to their care and others that they abducted, sexually abused, and imprisoned. The lengthy sentences imposed in this case will ensure that no other children will ever be victimized by these defendants, who will remain incarcerated for the rest of their lives. This is the direct result of the work of these five dedicated professionals,” said United States Attorney Richard S. Hartunian.

 

Howells and Vaisey were arrested in August of 2014 following a massive manhunt and search in St. Lawrence County, New York after two young Amish girls were abducted from a roadside vegetable stand at their family farm. Howells and Vaisey lured the girls into a car, then abducted them. After drugging and abusing the girls, as well as filming and photographing them, Howells and Vaisey allowed them to be released and they went a nearby house. Following the arrest of Howells and Vaisey on August 15, 2014, the execution of a federal search warrant at their residence located drugs used on the two girls, video and photographic equipment, computers and electronic media containing child pornography. A forensic review of these items located evidence that the pair had abused and exploited four other minor victims who were the children of friends and relatives of Howells and Vaisey. Searches of computers possessed by Howells and Vaisey revealed thousands of images and videos of child pornography downloaded and collected by Howells from the internet and representing the exploitation of hundreds of additional children, including infants and toddlers.

 

Both Vaisey and Howells pled guilty in May 2015 to a superseding indictment alleging that they conspired to sexually exploit minors and exploiting minors (Nicole F. Vaisey-nine counts involving the exploitation of four minor victims) (Stephen M. Howells, II-fifteen counts involving the exploitation of six minor victims).  Howells also pled guilty to five counts of possession of material that contains child pornography. In November 2015 Howells was sentenced to serve 580 years in prison and Nicole F. Vaisey was sentenced to serve 300 years in prison for these crimes.

SYRACUSE, NEW YORK – Michael J. Mahannah, 33, of Auburn was sentenced today in federal court to serve fifteen (15) years in prison to be followed by a ten (10) year term of supervised release in connection with his guilty pleas to eighteen counts of the possession, receipt and distribution of child pornography, announced United States Attorney Richard S. Hartunian.  As part of his sentence, Mahannah will also be required to register as a sex offender upon release from prison.

 

In pleading guilty, Mahannah admitted to sending and receiving images of child pornography that he obtained from a Russian website and to storing a number of those images on his mobile telephone.  Mahannah faced a higher mandatory minimum sentence because he has a prior conviction for a sex offense – specifically, a 2009 conviction in New York State court for Sexual Misconduct.

 

This case was investigated by the United States Secret Service, the New York State Police, the Syracuse Police Department, and the Cayuga County District Attorney’s Office, as part of Project Safe Childhood. 

 

Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse.  Launched in May 2006 by the Department of Justice, and led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

 

The case was prosecuted by Assistant United States Attorneys Lisa Fletcher and Nicolas Commandeur.

SYRACUSE, NEW YORK –Craig Alexander, 31, of Brooklyn, was sentenced today to serve 64 months in prison for committing credit card fraud and aggravated identity theft in September of 2014 in Utica, New York and at the Turning Stone Resort and Casino in Verona, New York.

 

The announcement was made by United States Attorney Richard S. Hartunian and Resident Agent in Charge Tim Kirk of the Syracuse Office of the United States Secret Service.

 

“Identity theft and credit card fraud cost financial institutions and individuals billions of dollars every year and cause irreparable harm to individuals whose credit is left in tatters.  Too many of our citizens suffer at the hands of these criminals, who use the victim’s good name to steal, and my office will continue to prosecute these cases aggressively,” said U.S. Attorney Hartunian. 

 

“This verdict represents the culmination of an investigation that required the cooperation of the Utica Police Department, Oneida Indian Nation Police, New York State Police Troop D, and the Secret Service,” stated Resident Agent in Charge Tim Kirk. “Each agency was integral to building the case, and ultimately securing a conviction.”

 

Chief United States District Judge Glenn T. Suddaby also sentenced Alexander to serve 3 years of post-imprisonment supervised release. 

 

The jury in this case returned a verdict of guilty on all counts on June 22, 2016, after a three-day trial. The evidence at trial showed that Alexander assumed a man’s identity after that man lost his wallet in a New York City park and then used counterfeit credit cards encoded with the bank account information of at least 28 others whose personal information had also been stolen.  He bought high-end products, such as iPads, and also got cash advances from merchants in Utica, New York.  

 

This case was investigated by the United States Secret Service, New York State Police, Oneida Indian Nation Police, and the Utica Police Department, and was prosecuted by Assistant U.S. Attorneys Emmet O’Hanlon and Ransom Reynolds.

ALBANY, NEW YORK – Joseph Felix Strevell, age 55, of Castleton, New York, pled guilty today to repeatedly lying under oath at a December 2014 deposition where he was questioned about his ability and efforts to pay court-ordered restitution to New York State.

 

The announcement was made by U.S. Attorney Richard S. Hartunian, New York State Police Superintendent George P. Beach II, and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

 

U.S. Attorney Richard S. Hartunian said: “Strevell repeatedly lied under oath to an Assistant United States Attorney about his ability and efforts to pay restitution ordered as part of his 2009 mail fraud conviction.  Court-imposed restitution is a mandatory obligation, and we will aggressively investigate every felon who tries to avoid compensating victims.”

 

FBI Special Agent in Charge Andrew W. Vale said: “Strevell attempted to victimize the State of New York twice. First, through fraud and again through perjurious statements about the source of his funds. Thanks to the efforts of the New York State Police and our law enforcement partners, Strevell will be held accountable for his actions.”

 

From 1997 to 1999, Strevell served as a Deputy Secretary of State for the State of New York.  He left that position in December 1999 to serve as the head of the state-funded Institute for Entrepreneurship, which he led until July 2001.  In 2007, Strevell pled guilty in federal court to defrauding New York State while leading the Institute, including by using Institute funds to give himself a $95,000 lump-sum raise without the approval of the Institute’s Board of Directors, and by improperly using Institute funds to pay for his and his family’s personal expenses.

 

In March 2009, U.S. District Judge Gary L. Sharpe entered judgment against Strevell on this conviction, requiring him to pay $111,500 in restitution to his victim, New York State. The judgment required Strevell to pay restitution at a minimum rate of $100 per month or 10 percent of his gross monthly earnings, whichever was greater, and to pay full restitution immediately if at any time he had the resources to do so. 

 

In December 2014, the Civil Division of the U.S. Attorney’s Office deposed Strevell under oath to determine whether he was complying with his restitution obligation.  When questioned about how he was able to make a $75,440 down payment on a lease with an option to purchase a 138.55-acre horse farm in Rensselaer County in April and May 2013, Strevell falsely testified that his mother and aunt provided the majority of the funds used to make the down payment.  In fact, neither Strevell’s mother nor aunt contributed toward the down payment.

 

Strevell also lied during that deposition about whether he had paid for his daughter’s wedding in May 2014.  Strevell falsely testified that he contributed only “a couple thousand dollars” toward wedding expenses.  But in fact Strevell paid for most of the wedding, contributing more than $30,000 toward wedding expenses, including by paying $10,435 in cash to one wedding vendor directly and transferring tens of thousands of dollars from his business to his daughter. 

 

Strevell faces a maximum of 5 years in prison, a $250,000 fine, and 3 years of post-imprisonment supervised release when he is sentenced in March 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.

 

This case was investigated by the New York State Police and the FBI, and is being prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Michael Barnett.

SYRACUSE, NEW YORK – Donald Grant, 40, of Binghamton, New York, pled guilty today to assisting in preparing a false tax return and attempting to interfere with the administration of Internal Revenue Laws. 

 

The announcement was made by United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.

 

As part of his guilty plea, Grant admitted that over the course of four years he prepared twenty-seven tax returns that contained false information.  These returns contained false claims of business income, business losses, and educational expenses, which gave Grant’s thirteen taxpayer clients more than $100,000 in refunds they were not entitled to.

 

Grant also admitted that he interfered with the IRS-Criminal Investigation’s inquiry into the returns he prepared and filed by providing a client with a counterfeit profit and loss statement, encouraged clients to provide false information to investigators, and provided false information himself, when interviewed by an IRS.

 

Sentencing is scheduled for March 9, 2017 before United States District Judge David N. Hurd.  Grant faces up to 3 years in prison on both counts, a maximum fine of $100,000 for preparing a false return and $5,000 for interfering with Internal Revenue Laws, and a maximum term of supervised release of 1 year.  At sentencing, Grant may also be ordered to pay restitution to the IRS.  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 Field Office of the IRS-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Robert Levine.

SYRACUSE, NEW YORK – Richard S. Buffham, 49, of Oswego, New York, pled guilty today before Senior United States District Judge Norman A. Mordue to three counts of distribution of child pornography, announced United States Attorney Richard S. Hartunian and Brian Devine, Resident Agent in Charge, Homeland Security Investigations, Syracuse Office. Buffham, who was ordered detained pending sentencing, faces a minimum sentence at least five (5) years and up to twenty (20) years imprisonment on each of the distribution counts.  Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. The Court will also impose a term of supervised release of between five (5) years and life, and Buffham will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for March 13, 2017, in Syracuse, New York.

 

As part of his guilty plea, Buffham admitted that he distributed images of child pornography to an online chat group on September 23, 2015, September 24, 2015, and September 27, 2015.

 

This case was investigated by Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.

 

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

ALBANY, NEW YORK – Aaron M. Bowman, age 33, of Middleburgh, New York, pled guilty today to being a felon in possession of a firearm and ammunition.

 

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and New York State Police Superintendent George P. Beach II. 

 

As part of his plea, Bowman admitted that on March 11, 2016, he possessed a Smith & Wesson model 432PD .32 caliber revolver, and ammunition for 3 types of firearms.  Six months earlier, Bowman had posted photos of the same revolver to his Facebook page and offered to sell it.  Bowman was prohibited from possessing the revolver and ammunition because he has four felony convictions.

 

Bowman faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced on March 14, 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.

 

This case was investigated by the ATF and New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Shukri Abdullah, age 44, of Albany, New York, pled guilty today to possessing synthetic cannabinoids with the intent to distribute them.

 

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).

 

As part of his guilty plea, Abdullah, a proprietor of the Grand Deli in Albany, New York, admitted that he possessed two garbage bags filled with hundreds of packets of synthetic cannabinoids, also known as “Spice” or “K2,” and that he sold the packets to customers of the Grand Deli so they could smoke the contents, which mimic the effects of marijuana.  Abdullah also admitted that he routinely purchased large quantities of the substances from a New York City supplier, paying between $7,000 and $9,000 in cash for each shipment.

 

Abdullah faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on February 13, 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.

 

The case was investigated by the DEA and is being prosecuted by Assistant United States Attorney Wayne A. Myers.

BINGHAMTON, NEW YORK – Nathan E. Boguhn, 50, of Vestal, New York, was arrested today in connection with a criminal complaint charging him with possession and distribution of child pornography, announced United States Attorney Richard S. Hartunian. The criminal complaint unsealed today in federal court alleges that the execution of a search warrant and other information showed that Boguhn used a personal computer in his residence to possess and distribute child pornography videos.

 

If convicted, Nathan E. Boguhn faces a mandatory minimum sentence of five (5) years and a maximum sentence of twenty (20) years imprisonment, as well as a term of supervised release of at least five (5) years and up to life, and registration 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. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

 

The Defendant appeared today before United States Magistrate Judge David E. Peebles and was ordered detained pending a bail hearing scheduled for November 2, 2016 in Syracuse.

 

This case is being investigated by the Federal Bureau of Investigation (FBI), the New York State Police and the Town of Vestal Police Department, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric, as a 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.

SYRACUSE, NEW YORK – Stacey J. LaPorte, Jr, 26, and Mackenzie Bailey, 20, both of Massena, New York, appeared today in federal court following their arrest on an Indictment alleging they conspired to, and did engage in the sexual exploitation of minors, announced United States Attorney Richard S. Hartunian.  The Indictment unsealed today charges Bailey and LaPorte with conspiracy to sexually exploit a minor child born in 2014, and two counts of sexually exploiting that child on two specific dates in 2016.  In addition, LaPorte is charged with a fourth count relating to his exploitation of two children, one born in 2003, the other in 1999, on a specific date in 2016.

 

Each of the charges filed against LaPorte and Bailey carries a mandatory minimum sentence of 15 years, a maximum sentence of 30 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, and registration 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.

 

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

 

The defendants were arraigned today in Syracuse, New York, before United States Magistrate Judge David E. Peebles.  Stacey J. LaPorte was ordered detained.  Mackenzie Bailey was ordered detained pending a detention hearing, scheduled for Wednesday November 2, 2016.

 

This case is being investigated by the New York State Police, the Massena Police Department, and Department of Homeland Security, Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher and Sahar Amandolare, as a 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 – Stanislav Petkevichus, age 28, of Slingerlands, 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).

 

Petkevichus faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on February 22, 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, Petkevichus admitted that from about November 2015 through January 2016, he obtained approximately 200 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.

PLATTSBURGH, NEW YORK – Stacie Demers, age 54, of Constable, New York, was sentenced yesterday to serve 120 months in prison, to be followed by 5 years of supervised release, for her role in a large-scale marijuana distribution conspiracy.

 

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).

 

Demers was convicted following a 3-day trial in January 2016.  The evidence at trial demonstrated that Demers, who lived on the Canadian border in Northern New York, worked with members of her family and other co-conspirators to smuggle thousands of kilograms of marijuana from Canada and into the United States.  After the loads of marijuana crossed the border, Demers stored the marijuana in a shed behind her home and in other places. The marijuana was then picked up by drivers who transported it to street-level marijuana dealers throughout the Eastern United States.

 

This case was investigated by the DEA, New York State Police, and United States Border Patrol, and was prosecuted by Assistant U.S. Attorneys Katherine E. Kopita and Cyrus P.W. Rieck.

ALBANY, NEW YORK – Donna M. Smith, age 56, of Cohoes, New York, was arraigned today on an indictment alleging that she concealed her employment from and made false statements to the Social Security Administration (SSA) in order to fraudulently obtain Disability Insurance Benefits.

 

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

 

The indictment alleges that in 2006, Smith began to collect Disability Insurance Benefits, designed to replace, in part, the loss of income due to a disability.  But Smith continued to work, for eight different Capital District employers, between 2006 and 2015, all while receiving benefits.  The indictment further alleges that in 2012 and 2015, Smith submitted false statements to the SSA claiming that she did not work. 

 

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

 

Smith faces up to 5 years in prison, up to 3 years of post-imprisonment supervised release and a $250,000 fine if convicted on all counts of the indictment.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

 

Smith was arraigned today in Albany before U.S. Magistrate Judge Christian F. Hummel.  She was released with conditions pending a trial before Senior U.S. District Judge Lawrence E. Kahn.

 

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

ALBANY, NEW YORK – Angel Nunez, age 28, of Brooklyn, 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).

 

Nunez faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on February 22, 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, Nunez admitted that from October 2015 through February 2016, he obtained approximately 2,000 oxycodone tablets from sources in New York City, transported the oxycodone to Albany, and distributed the oxycodone to co-conspirators for sale 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 – A jury voted today to convict Harpushpinder Singh, age 46, of Queens, New York, of transporting aliens in the United States.

 

The announcement was made by U.S. Attorney Richard S. Hartunian and John C. Pfeifer, U.S. Border Patrol’s Chief Patrol Agent for the Swanton Sector.

 

The jury reached its verdict after a 3-day trial.  The evidence at trial demonstrated that Singh transported two Indian nationals, knowing they were in the country illegally.  On June 12, 2016, he transported them from Champlain, New York, to North Hudson, New York, where he was detained by Border Patrol at an immigration checkpoint off the New York State Northway.

 

Singh faces up to 5 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 March 14, 2017 by United States District Judge Mae A. D’Agostino.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

 

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

ALBANY, NEW YORK – Robert Twiss, age 58, of Earlton, New York, was charged yesterday with being a felon in unlawful possession of a firearm.

 

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).

 

The criminal complaint alleges that on October 24, 2016, Twiss possessed a Plainfield M-1 rifle at his Greene County residence.  The charge in the complaint is merely an accusation.  The defendant is presumed innocent until proven guilty. 

 

The defendant appeared today in federal court in Albany before United States Magistrate Judge Christian F. Hummel and was ordered detained pending trial.

 

If convicted, Twiss faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors. 

 

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced today that Assistant United States Attorneys (AUSAs) Carl Eurenius in Syracuse and Solomon Shinerock in Albany will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections.  AUSA Eurenius and AUSA Shinerock have been appointed to serve as the District Election Officers (DEOs) for the Northern District of New York and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

 

            United States Attorney Hartunian said, “Our constitutional system of representative government depends on the protection of the right of every citizen to vote.  We will act promptly and aggressively to address any efforts to deny or abridge voting rights, and to combat election fraud.  Anyone with specific information about fraud, discrimination, or other interference with the integrity of the election process should make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

 

            The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

 

            Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

 

            The right to vote is the cornerstone of American democracy.  We all must ensure that those who are entitled to vote exercise that right if they choose, and that those who seek to corrupt the voting process are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Hartunian stated that AUSAs/DEOs Eurenius and Shinerock will be on duty in this District while the polls are open.  AUSA Carl Eurenius in Syracuse can be reached by the public at the following telephone number: (315) 448-0672. AUSA Solomon Shinerock in Albany can be reached by the public at the following telephone number: (518) 431-0247.

 

            In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The Syracuse FBI field office can be reached by the public at (315) 422-0141. The Albany FBI Office can be reached by the public at (518) 465-7551.

 

            Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

ALBANY, NEW YORK – Jason Holcomb, age 46, of Queensbury, New York, was sentenced yesterday to serve 4 months in prison for evading income taxes.

 

The announcement was made by U.S. Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of Internal Revenue Service-Criminal Investigation’s New York Field Office. 

 

U.S. District Judge Mae A. D’Agostino also sentenced Holcomb to serve 2 years of post-imprisonment supervised release, during which time Holcomb will be required to spend weekends in jail for 6 months, and to pay $538,948.31 in restitution to the Internal Revenue Service.

 

As part of his guilty plea, Holcomb admitted that while working as a construction contractor, he concealed his assets by putting assets in the names of other people and using cash to try to hide his income from the government.  Holcomb did so in order to evade payment of $193,215 in income taxes, and more than $345,000 in interest and penalties.

 

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

SYRACUSE, NEW YORK – The United States Drug Enforcement Administration (DEA) will sponsor drop off sites where unused and unneeded prescription drugs can be disposed of by the public at locations all over the United States on Saturday October 22, 2016 from 10 am to 2 pm as part of National Prescription Drugs Take-Back Day, announced United States Attorney Richard S. Hartunian and DEA Resident Agent in Charge James J. Hunt.  Unused prescription drugs will be accepted at locations across the nation. Tablets, capsules, patches, and other solid dosage forms will be collected.  Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off.

 

“It is especially important to dispose of unneeded prescription drugs to keep them out of the hands of people who would abuse them and run the risk of becoming addicted. DEA National Prescription Drug Take Back Day provides a safe, convenient and anonymous way to dispose of unused medications,” said United States Attorney Hartunian.

 

Last April, during its 11th Take Back Day, the DEA and over 4,200 of its national, tribal, and community law enforcement partners collected 893,498 pounds (about 447 tons) of unwanted prescription drugs at almost 5,400 collection sites.  Since the program began six years ago, about 6.4 million pounds (about 3,200 tons) of drugs have been collected.

 

Locations where unused prescription can be dropped off may be found at: www.dea.gov and click on the “Got Drugs?” link or call 800-882-9539.

SYRACUSE, NEW YORK - Leron T. Ross, 25, of Syracuse, New York was sentenced to serve sixty months (five years) in prison, followed by a three-year term of supervised release for his burglary of a Nedrow gun store, announced United States Attorney Richard S. Hartunian and U.S. Bureau of Alcohol, Firearms and Explosives (ATF) Special Agent in Charge Ashan M. Benedict.

 

“The theft of nine handguns from a federally licensed dealer presents a clear danger to the public. The fact that five of these remain missing highlights the risk that they may be used in further crimes. The prosecution of criminals who possess or use firearms is among the very highest priorities for my office and we will hold those who commit such crimes fully accountable under the law, as this sentence demonstrates,” said U.S. Attorney Hartunian.

 

ATF Special Agent in Charge Ashan M. Benedict said, “Burglaries from licensed firearms dealers are a method of choice for arming the criminal element.  The fact that some of the firearms recovered in this investigation were recovered in separate law enforcement encounters, and that five firearms have yet to be recovered, highlights the risk that a single burglary can have on the public and law enforcement alike.  Licensed dealers are strongly encouraged to take appropriate measures to prevent inventory theft and to ensure site security.  Additional information on security can be obtained by contacting your local ATF office or by downloading the ATF guide “Safety and Security Information for Federal Firearms Licensees” available on www.atf.gov.  ATF would like to extend our gratitude to the Syracuse Police Department, Onondaga County Sheriff’s Office, and the U.S. Attorney’s Office for their work on this investigation.”

 

As part of his guilty plea on June 14, 2016, Ross admitted that he used a sledgehammer to break through the door of Intimidator Sports, also known as E.C.K. Tree and Outdoor Equipment, a federally licensed firearms dealer, in Nedrow, New York, in the early morning hours of November 20, 2014. Upon gaining entry to the store, Leron Ross and another man used bolt cutters to sever a steel cable securing pistols in a display case, stealing nine (9) handguns and departing before Onondaga County Sheriff’s Deputies responded to an alarm tripped by the break-in.

 

On January 5, 2015, Syracuse Police encountered Leron Ross for failing to stop at a stop sign. As Syracuse Police Officers approached his car, Ross sped off. During a short pursuit, Leron Ross threw a .45 caliber Glock Pistol from his car that was stolen in the E.C.K. burglary.  It was later recovered by police. Onondaga County Sheriff’s Deputies obtained a search warrant for the car, which resulted in the discovery of a sledgehammer, gloves, and other items used in the burglary. 

 

On March 12, 2015, Ross pled guilty in Onondaga County Court to Criminal Possession of a Weapon in the Second Degree in connection with his possession of the single .45 caliber Glock pistol, and was sentenced to thirty (30) months in state prison. The federal sentence imposed today will be consecutive to the previously imposed New York State sentence.

 

During an interview in state prison in January 2016, Ross admitted to an ATF Special Agent and Onondaga County Sheriff’s Detectives that he had committed the burglary of the gun dealer, stealing nine (9) handguns. According to ATF and the Onondaga County Sheriff’s Department, four (4) of the stolen firearms have been recovered by law enforcement agencies to date. The remaining five (5) stolen firearms have not been located.

 

A second defendant, Andrew Grady, of Syracuse, is also charged by complaint with the theft of firearms from Intimidator Sports. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

 

This case is being investigated by the United States Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) and the Onondaga County Sheriff’s Department, with assistance from the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon.

ALBANY, NEW YORK – An indictment unsealed today charges Bryan Fish, age 22, of Schenectady, New York, with three counts of making false declarations before a federal grand jury investigating an arson that killed four people in Schenectady.

 

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

 

Fish was arraigned today before U.S. Magistrate Judge Christian F. Hummel, entered a plea of not guilty, and was held pending a detention hearing on Monday, October 24 at 1:30 p.m.

 

The indictment alleges that the false declarations were made before a grand jury investigating the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, that caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.  The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

 

The indictment charges three counts of making false declarations before the grand jury in sworn testimony on May 24, 2013.  Count One alleges that Fish testified falsely regarding a person who purportedly drove Fish, Jennica Duell and Robert Butler from Saratoga Springs to 438 Hulett Street on May 2, 2013 and conversation with that person about the reason for the trip.  Count Two alleges that Fish testified falsely regarding the presence and role of that same person when the fire was set at 438 Hulett Street, as well as discussion of a false alibi.  Count Three alleges that Fish testified falsely regarding how he contacted that same person to arrange for the ride on May 2, 2013.

 

If convicted, Fish faces a maximum term of imprisonment of 5 years and a $250,000 fine on each count, and a term of supervised release of up to 3 years.  If convicted on all three counts, Fish faces a total maximum sentence of imprisonment of 15 years and a $750,000 fine (in addition to supervised release for up to 3 years).  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

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

 

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

ALBANY, NEW YORK – An indictment unsealed today charges Richard Ramsey, age 47, of Saratoga Springs, New York, with four counts of making false declarations before a federal grand jury investigating an arson that killed four people in Schenectady.

 

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

 

Ramsey had his initial appearance today before U.S. Magistrate Judge Christian F. Hummel, and was held pending his arraignment and detention hearing on Monday, October 24 at 1:30 p.m.

 

The indictment alleges that the false declarations were made before a grand jury investigating the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, that caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.  The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

 

The indictment alleges that Ramsey testified under oath before the grand jury on October 11, 2013, January 10, 2014, and May 5, 2016, and gave four sets of statements that were irreconcilably contradictory and inconsistent to the degree that one of them was necessarily false.

 

Count One of the indictment alleges that on October 11, 2013, Ramsey testified that he allowed Robert Butler to use his car on May 2, 2013, and then, on May 5, 2016, gave irreconcilably contradictory testimony about having done so.  Count Two alleges that on January 10, 2014, Ramsey testified that he drove his car to a specific location so that Robert Butler could later use it to drive to Schenectady on May 2, 2013, and then, on May 5, 2016, gave irreconcilably contradictory testimony about having done so.  Count Three alleges that on January 10, 2014, Ramsey testified that he affixed a New York license plate he found in a barn to his car and that license plate was on his car on May 2, 2013, but then, on May 5, 2016, gave irreconcilably contradictory testimony about the license plate.  Count Four alleges that on October 11, 2013 and January 10, 2014, Ramsey testified that he took his car to a junkyard to be scrapped because he believed it had been used by Robert Butler to drive to 438 Hulett Street to set the fire, but then, on May 5, 2016, gave irreconcilably contradictory testimony about why he took the car to a junkyard to be scrapped.

 

If convicted, Ramsey faces a maximum term of imprisonment of 5 years and a $250,000 fine on each count, and a term of supervised release of up to 3 years. If convicted on all four counts, Ramsey faces a total maximum sentence of imprisonment of 20 twenty years and a $1,000,000 fine (in addition to supervised release for up to 3 years). A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

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

 

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

ALBANY, NEW YORK – Michael Kimball, age 28, of Plattsburgh, New York, pled guilty today to distributing, transporting, and possessing child pornography.

 

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, Kimball admitted that he distributed child pornography to others over the Internet, downloaded child pornography, and saved it to electronic devices.

 

Kimball was ordered held in custody pending his sentencing on February 21, 2017 in Syracuse, New York, by Senior United States District Judge Norman A. Mordue. He faces at least 5 years and up to 20 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced.  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.  Kimball would also have to register as a sex offender upon his release from prison.

 

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

SYRACUSE, NEW YORK - Terri Ann Bush, age 43, of Hogansburg, New York, and St. Regis, Quebec, was sentenced yesterday to 36 months in prison for her role in a human smuggling conspiracy.

 

The announcement was made by U.S. Attorney Richard S. Hartunian and John C. Pfeifer, U.S. Border Patrol’s Chief Patrol Agent for the Swanton Sector. Senior U.S. District Judge Senior Frederick J. Scullin, Jr. imposed the sentence, which also included 2 years of post-imprisonment supervised release.

 

Bush pled guilty on June 21, 2016.

 

In the evening of November 17, 2015, a New York State Police (NYSP) Trooper in rural northern New York performed a traffic stop on a southbound vehicle. A male citizen of Israel, Bush, and the driver, also from Hogansburg, told the Trooper they were headed from the international border area to New York City.  They were released after the Trooper issued a traffic ticket.

 

Later, the NYSP and Border Patrol determined that the Israeli man was known to immigration officials and not lawfully in the United States. The next morning, on November 18, 2015, Border Patrol agents stopped the same vehicle northbound, and the Israeli man was absent. After a search, federal agents found and arrested him in Philadelphia.  He was brought back to the Northern District of New York for prosecution for illegal entry to the United States from Canada, and later pled guilty.  The driver from Hogansburg also pled guilty to an alien smuggling charge.

This case was investigated by the U.S. Border Patrol Burke Station, aided by its Sector Intelligence Unit, and Immigration and Customs Enforcement Fugitive Alien investigators in Philadelphia. The New York State Police, the Massena Border Enforcement Security Task Force (BEST), and the Saint Regis Mohawk Tribal Police assisted in the investigation.  The case was prosecuted by Assistant U.S. Attorney Elizabeth Horsman.

SYRACUSE, NEW YORK – Ronnie E. Mejia, 27, Jeffrey Carvajal, 25, and Cerrone Hall, 29, all residents of New York City, were arrested today on an Indictment filed in Syracuse alleging they conspired to use stolen identities to defraud the Internal Revenue Service (IRS) through the filing of false federal income tax returns, announced United States Attorney Richard S. Hartunian.

 

The indictment alleges the three men and others conspired to use personal identification information stolen from residents of Puerto Rico to file fraudulent income tax returns in order to steal refund checks mailed to locations in the Syracuse area.

 

If convicted, all three men face up to twenty years in prison and fines of up to $250,000.00 for conspiring to commit mail and wire fraud. Defendants Ronnie E. Mejia and Cerrone Hall also face mandatory consecutive sentences of two years on each of ten aggravated identity theft counts. 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.

 

All three defendants were arraigned today in federal court in New York City. They are scheduled to appear in Syracuse before United States Magistrate Judge Andrew T. Baxter on October 31, 2016.

 

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

 

This case is being investigated by Internal Revenue Service, Criminal Investigations and the United States Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Richard R. Southwick.

SYRACUSE, NEW YORK – Dino Tucciarone, 57, of New Hartford, New York, was sentenced today by Senior U.S. District Judge Frederick J. Scullin, Jr. to serve a three (3) year term of probation and perform sixty (60) hours of community service, announced United States Attorney Richard S. Hartunian. The sentenced followed his May 18, 2016 guilty plea to one count of filing a false federal income tax return.

 

As part of his guilty plea, Tucciarone admitted that he owned and operated Disaster Services, Inc. in New Hartford, New York, and earned substantial income over and above what he reported on his personal federal income tax returns. The defendant admitted that he made material misrepresentations in his tax returns by substantially under reporting his income and tax liability for the years 2007, 2008 and 2009. The unreported income resulted in additional tax as well as penalties and interest due to the IRS totaling more than $284,000.00.

 

This case was investigated by the Internal Revenue Service Criminal Investigation Division, Syracuse, New York Resident Office, and was prosecuted by Assistant United States Attorney Ransom P. Reynolds.

ALBANY, NEW YORK – Tammy A. Grumme, age 41, of Glenmont, New York, pled guilty today to stealing nearly $80,000 from the Social Security Administration (SSA), including $40,629 in benefits intended for her son.

 

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

 

As part of her plea, Grumme admitted that in 2011, 2012, and 2013, she submitted forms to the SSA claiming that she cared for her son and that her son resided with her when her son was no longer in her custody and did not live with her.  Grumme also admitted that she reported that her son resided with her because she knew she would not be entitled to benefits if he resided elsewhere.  As a result of her misrepresentations, she received $37,629 in benefits she was not entitled to receive and an additional $40,629 in benefits that should have been paid to her son.

 

Grumme faces up to 10 years in prison, a $250,000 fine, and post-imprisonment supervised release of up to 3 years when she is sentenced on February 14, 2017 by Senior United States District Judge Frederick J. Scullin, 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 is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.

ALBANY, NEW YORK – A federal grand jury yesterday indicted 25 members of a Kingston-based drug trafficking organization that distributed large quantities of cocaine throughout the Hudson Valley.  In addition, 6 defendants face firearms charges, 5 defendants are charged with possessing cocaine with the intent to distribute it, and 5 defendants are charged with possessing heroin with the intent to distribute it.

 

The announcement was made by U.S. Attorney Richard S. Hartunian; Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations (HSI), New York; Ulster County Sheriff Paul J. Van Blarcum, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT); and New York State Police Superintendent George P. Beach II. 

 

Law enforcement officers arrested defendants this morning in Ulster and Dutchess Counties, and elsewhere in the Hudson Valley, and the defendants are being arraigned today in Albany before U.S. Magistrate Judge Daniel J. Stewart.  The charges in the indictments are merely accusations. The defendants are presumed innocent until proven guilty.

 

U.S. Attorney Richard S. Hartunian stated: “Today’s arrests are the result of a major, multi-agency effort to dismantle a sophisticated drug trafficking organization that was based in Kingston, distributed drugs throughout the Hudson Valley, and had sources of supply in New York City and California.  Our goal is not only to arrest drug dealers, but also to improve the quality of life in the places where they operated.  The teamwork on display in this operation is integral to our efforts to preserve public safety and low-crime communities.  We thank HSI, the Ulster County Sheriff’s Office, the New York State Police, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshal, and the U.S. Attorney’s Office for the Southern District of New York.” 

 

HSI-NY Special Agent in Charge Angel M. Melendez stated: “These gang members have operated openly with a brazen disregard for law enforcement.  Today’s arrests show our collective resolve to dismantle the street gangs that are threatening our neighborhoods and return public spaces to the residents who should be free to enjoy them.  HSI’s collaboration with federal, state and local partners has resulted in fewer gang members menacing the streets of Kingston and Poughkeepsie.”

 

Ulster County Sheriff Paul J. Van Blarcum stated: “I am very proud of the cooperation among all agencies involved in this operation.  Teamwork is the only way to get things accomplished.   Organized criminal activity, especially that involving illegal weapons, presents the public and law enforcement with additional challenges and concerns, and it simply cannot be tolerated. We in law enforcement will continue to use every tool at our disposal to combat the illicit narcotics trade and all types of organized criminal activity.”

 

New York State Police Superintendent George P. Beach II said: “This case speaks to the tremendous inter-agency coordination and cooperation necessary to get illegal drugs off our streets.  As a result of this effort, a major Hudson Valley drug trafficking operation has been shut down, and drugs and weapons have been seized.  I want to thank our State Police members, and our federal and local partners, for their hard work on this case. These arrests send a clear message that we will not tolerate this activity in our communities.”

 

In connection with this investigation, law enforcement officers have seized 20 firearms, as well as approximately 5 kilograms of cocaine, 153 grams of heroin, 90 grams of crack cocaine, 1.5 kilograms of marijuana, and 75 oxycodone pills.  The following defendants are charged in a cocaine distribution conspiracy:

 

Name Age Residence Minimum and Maximum Penalties Marcus Fisher 39 Poughkeepsie 10 years (minimum); life (maximum) Romell Hearn 37 Poughkeepsie 10 years (minimum); life (maximum) Recardo Langston 31 Kingston 10 years (minimum); life (maximum) Jalen Allen 23 Kingston 20 years (maximum) Jonathon Jones 46 Port Ewen 10 years (minimum); life (maximum) Eunice Allen 57 Kingston 20 years (maximum) Emiliano Alonso 39 Miami Beach, FL 20 years (maximum) Guy Cain 34 New Windsor 20 years (maximum) Jamal Clinton 39 Lake Katrine 20 years (maximum) Marc Douglas 37 Highland 20 years (maximum) Kevin Drake 44 Kingston 20 years (maximum) Jose Francisquini 41 Connelly 20 years (maximum) Greg Hardy 42 Kingston 20 years (maximum) Mark Howard 43 Poughkeepsie 20 years (maximum) Cordal Johnson 39 Beacon 20 years (maximum) Phillip Keith 31 Lake Katrine 20 years (maximum) Kareem McFarlane 31 Highland 20 years (maximum) Robert Medley 38 Kingston 20 years (maximum) Michael Monsanto 28 Kingston 20 years (maximum) Ryan Rios 34 Kingston 20 years (maximum) Dwan Scafe 28 Poughkeepsie 20 years (maximum) Dionn Spencer 28 Poughkeepsie 20 years (maximum) Leonard Vandyke 41 Kingston 20 years (maximum) Daniel Williams 32 Hyde Park 20 years (maximum) Keshia Williams 28 Poughkeepsie 20 years (maximum)

In this same indictment, Jalen Allen faces additional charges of possession with the intent to distribute heroin, possession of a firearm with an obliterated serial number, and  possession with the intent to distribute cocaine.  Recardo Langston is additionally charged with 2 counts of possession with intent to distribute controlled substances (crack and cocaine), as well as 5 counts of possession with the intent to distribute cocaine. 

 

Additionally, four separate indictments charge the following defendants and crimes:

 

Name Age Residence Charges Maximum Penalties Robert Curry 36 Poughkeepsie Unlawful possession of firearm; possession of cocaine with intent to distribute 20 years  Jadon Douglas 28 Poughkeepsie Unlawful possession of firearm; possession of cocaine with intent to distribute 20 years Jeffrey Keith 25 Kingston Unlawful possession of firearm; possession of cocaine with intent to distribute 20 years  Kashawn Watson 23 Kingston Unlawful possession of firearm; possession of heroin with intent to distribute 20 years Jahkeem Ryan 22 Port Ewen Possession of heroin with intent to distribute 20 years  Maurice Wood 31 Kingston Unlawful possession of firearm; possession of heroin with intent to distribute 20 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.

 

These arrests were coordinated with an investigation in the Southern District of New York that targeted cocaine distributors operating in and around Poughkeepsie.  As a result of that investigation, 15 defendants were indicted for cocaine trafficking and other crimes in an indictment also unsealed today in federal court in White Plains. 

 

This case is being investigated by Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI); the Ulster County Sheriff’s Office in conjunction with URGENT; an inter-agency taskforce targeting drug dealers and gang members in Ulster County; the New York State Police; and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), with assistance from the U.S. Marshal for the Northern District of New York and the Ulster County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorneys Robert A. Sharpe and Solomon B. Shinerock.  Related cases are being prosecuted by the U.S. Attorney’s Office for the Southern District of New York and the District Attorney’s Offices for Ulster and Dutchess Counties.

 

ALBANY, NEW YORK – Samar Kassim Amin, age 31, of Deltona, Florida, pled guilty today to transporting an alien unlawfully present in the United States.

 

The announcement was made by U.S. Attorney Richard S. Hartunian and U.S. Border Patrol Chief Patrol Agent John C. Pfeifer.

 

Amin admitted that on November 8, 2015, in Champlain, New York, he picked up a Canadian citizen who had just run into the United States from Canada, and drove him until they reached Interstate 87, where Amin was stopped by U.S. Border Patrol agents.  Amin admitted that he intended to transport the Canadian citizen, whom he had met at a wedding in Canada the night before, to Florida. 

 

Amin faces up to 5 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 February 8, 2016 by Chief U.S. District Judge Glenn T. Suddaby.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

 

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

SYRACUSE, NEW YORK – Derrick Wilson, 36, of Syracuse, New York, was sentenced today to serve a 336 month (28 years) term of imprisonment, followed by 10 years of supervised release, announced United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, Drug Enforcement Administration (“DEA”) and Syracuse Police Chief Frank Fowler.

 

“The sentence imposed today sends a clear message to those who traffick in illegal drugs- especially heroin, in the midst of this region’s opioid drug epidemic, that we will vigorously enforce the law and seek tough sentences for those who would profit from the misery of others,” said U.S. Attorney Hartunian.   

 

“There is only one way illegal drugs end up in the hands of addicts and that is through the hands of drug dealers.  Derrick Wilson was found guilty for his role in a heroin and crack cocaine conspiracy earlier this year and today’s sentencing is compensatory to the crimes committed,” said DEA Special Agent in Charge James J. Hunt.

 

“We will continue to work hard, utilizing every resource available, with the goal of stopping the heroin trade that has plagued our communities.  We have all seen first-hand what this terrible drug does, and hope that this case and lengthy prison sentence will make others think twice before getting involved,” said Syracuse Police Chief Frank Fowler.

 

Wilson was convicted following a week-long trial in January 2016 during which he represented himself with an assigned attorney present to advise him on legal matters. The evidence at trial, some of which was obtained through court ordered wiretaps, showed that Wilson supervised the distribution of crack cocaine and heroin by other members of the conspiracy, whom he directed and employed. At trial it was established that Wilson made arrangements for heroin and cocaine powder from New York City to be transferred to him in Syracuse, where he ordered members of the conspiracy to process the cocaine powder into crack cocaine and package it for sale. Other members of the conspiracy acting at Wilson’s direction also packaged some of the heroin into uniquely marked plastic bags for “branding” purposes and distribution.  

 

Wilson was the last of 13 defendants to be convicted of participating in a conspiracy to distribute heroin and crack cocaine in the Syracuse area from April 2013 to June 18, 2014.  Wilson’s co-defendants all pled guilty and were sentenced as follows:

 

Name

Age

Residence

Sentence

Jeffrey Dowdell

37

Syracuse, NY

120 months

Tashawn Albert

28

Syracuse, NY

66 months

Kyle Dowdell

28

Syracuse, NY

120 months

Quonta Albert

23

Syracuse, NY

60 months

General Davis, Jr.

29

Clay, NY

130 months

Willie Strong, Jr.

37

Liverpool, NY

120 months

Jamall Harris

36

Syracuse, NY

Scheduled for 11/9/2016

James Handford

38

Syracuse, NY

120 months

Zephaneea Dowdell

33

Syracuse, NY

Scheduled for 11/18/2016

Lashandrea Johnson

31

Syracuse, NY

13 months

James Hudson

25

Syracuse, NY

60 months

Darnyl Apgar

28

Syracuse, NY

120 months

This case was investigated by the United States Drug Enforcement Administration (“DEA”) and the Syracuse Police Department, with assistance from the Federal Bureau of Investigation (“FBI”) and is being prosecuted by Assistant U.S. Attorneys Carla Freedman and Nicolas Commandeur.

ALBANY, NEW YORK – Gloria Oliva Gallardo, age 61, a Chilean citizen, was sentenced yesterday to 36 months in prison for illegally re-entering the United States.

 

The announcement was made by U.S. Attorney Richard S. Hartunian and John C. Pfeifer, U.S. Border Patrol’s Chief Patrol Agent for the Swanton Sector.  Senior U.S. District Judge Thomas J. McAvoy imposed the sentence.

 

In May, Gallardo pled guilty to re-entering and being found in the United States after she was previously removed from the country.

 

Gallardo was found by the St. Regis Mohawk Tribal Police and Border Patrol agents in Hogansburg, New York, on January 25, 2016.   Gallardo had previously been deported and removed from the United States to Chile in 2001, 2004, 2012 and 2014.

 

Following Gallardo’s completion of her term of imprisonment, the Department of Homeland Security will process her for removal from the United States.

 

Gallardo was found in the United States along with Victor Manuel Fuentes-Gomez, age 68, also a Chilean citizen. Fuentes-Gomez also pled guilty to illegal re-entry, and he was sentenced, last month, to 30 months in prison. Fuentes-Gomez had previously been deported and removed from the United States to Chile in 1975 and again in 2015.

 

This case was investigated by the U.S. Border Patrol, with the assistance of the St. Regis Mohawk Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Three men were arrested and five (5) kilograms of cocaine were seized on Saturday in Utica, New York when U.S. Drug Enforcement Agents, New York State Police, and local law enforcement agencies ended a long term investigation of drug trafficking in Oneida County, announced United States Attorney Richard S. Hartunian, Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt, and New York State Police Superintendent George P. Beach, II.

 

According to a criminal complaint filed in federal court, law enforcement officers from the DEA, the New York State Police, and several local police agencies arrested Gilbert Rosa-Sanchez, 42, of Utica, Nicolas Peralta, 40, of Utica and Ramon Gomez, 46, of Lawrence, Massachusetts, on Saturday October 8, 2016, following a multi-agency drug investigation that began in January 2016.  The complaint alleges that a total of four (4) kilograms of cocaine were seized during the execution of search warrants at two locations in Utica, and one (1) kilogram of cocaine was seized in Rosa Sanchez’ vehicle at the time he was stopped and arrested, announced United States Attorney Richard S. Hartunian.

 

The criminal complaint charges all three defendants with conspiracy to possess with intent to distribute and distribution of cocaine, in an amount exceeding five (5) kilograms. If convicted of this offense, the defendants face a minimum sentence of ten years and a maximum sentence of up to life imprisonment, a fine of up to ten million dollars, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.

 

The defendants appeared before United States Magistrate Judge Andrew T. Baxter on Sunday October 9, 2016 for their initial appearance. They appeared in court today for further proceedings with their attorneys. 

 

This case is being investigated by the United States Drug Enforcement Administration, the New York State Police-Community Narcotics Enforcement Team, The Oneida County Sheriff’s Department, the City of Rome Police Department and the City of Utica Police Department, and is being prosecuted by Assistant U.S. Attorney Carla Freedman.