Northern District of New York
Press releases recorded for this federal judicial district.
Jury Convicts Queens Man of Transporting AliensRead the Press Release
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.
Greene County Man Charged with Unlawfully Possessing a RifleRead the Press Release
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.
United States Attorney Appoints District Election Officers for November 2016 BallotingRead the Press Release
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.
Queensbury Contractor Sentenced for Income Tax EvasionRead the Press Release
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.
U.S. Attorney Supports DEA National Prescription Drug Take Back DayRead the Press Release
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 Man Sentenced for Burglary of Nedrow Gun StoreRead the Press Release
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.
Schenectady Man Indicted for Perjury in Arson Homicide InvestigationRead the Press Release
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.
Saratoga Springs Man Indicted for Perjury in Schenectady Arson Homicide InvestigationRead the Press Release
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.
Plattsburgh Man Pleads Guilty to Child Pornography ChargesRead the Press Release
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.
Cross-Border Human Smuggler Sentenced to 36 MonthsRead the Press Release
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.Three Arrested for Conspiracy to Commit Tax FraudRead the Press Release
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.
New Hartford Businessman Sentenced for Filing False Tax ReturnsRead the Press Release
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.
Glenmont Woman Pleads Guilty to Social Security FraudRead the Press Release
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.
More Than 30 Indicted in Operation Targeting Kingston Drug Trafficking OrganizationRead the Press Release
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 yearsA 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.
Florida Man Pleads Guilty to Transporting an AlienRead the Press Release
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 Man Sentenced for Drug ConspiracyRead the Press Release
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.
Chilean Woman Sentenced to 36 Months for Illegal Re-EntryRead the Press Release
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.
Three Men Arrested in Utica Drug RaidRead the Press Release
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.
Schenectady Man Sentenced to 33 Months for Identity TheftRead the Press Release
ALBANY, NEW YORK – Fernando A. Lugo, age 55, a citizen of the Dominican Republic residing in Schenectady, New York, was sentenced today to serve 33 months in prison for stealing another person’s identity and using it to apply for a U.S. passport and government-administered benefits.
The announcement was made by United States Attorney Richard S. Hartunian, Special Agent-in-Charge David Schnorbus of the Department of State Diplomatic Security Service, and John F. Grasso, Special Agent-In-Charge of the Social Security Administration Office of the Inspector General.
As part of his March 11 guilty plea, Lugo admitted that in April 2010, he submitted an application for a U.S. passport to the U.S. Post Office in Schenectady. In February 2015, he applied to receive Medicaid benefits with the Schenectady County Department of Social Services. On both applications, he used the name, Social Security Number and date of birth of a U.S. citizen whom he knew.
This case was investigated by Department of State Diplomatic Security Service and the Social Security Office of the Inspector General, and was prosecuted by Special Assistant U.S. Attorney Jason W. White.
Hogansburg Man Pleads Guilty to Obstructing a Vessel BoardingRead the Press Release
ALBANY, NEW YORK – Abraham C. Lazore, age 37, of Hogansburg, New York, pled guilty on Friday to obstructing the boarding of his vessel on the St. Lawrence River.
The announcement was made by U.S. Attorney Richard S. Hartunian and Border Patrol Chief Patrol Agent John C. Pfeifer.
Lazore admitted that on September 3, 2016, as Border Patrol Marine Unit agents were attempting to board his vessel for an inspection, he engaged the throttle of his boat while a bowline from his boat became wrapped around an agent’s arm, which could have dragged that agent overboard. Another agent was able to stop Lazore from driving away, and no one was injured.
Agents stopped Lazore because they had observed him enter U.S. waters from Canada on the St. Lawrence River at approximately 12:25 a.m. without any navigation lights.
Lazore 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 3, 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 United States Border Patrol and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Brooklyn Man Sentenced to 15 Years for Armed Robbery of Guilderland Jewelry StoreRead the Press Release
ALBANY, NEW YORK – Aristedes Duartez III, age 37, of Brooklyn, New York, was sentenced today to 15 years in prison for his violent, armed robbery of a Guilderland, New York, jewelry store.
The announcement was made by U.S. Attorney Richard S. Hartunian, Guilderland Police Chief Carol J. Lawlor, and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
U.S. Attorney Hartunian stated, “During a robbery of $99,000 worth of Rolex watches from a jewelry store, Duartez jabbed a saleswoman in the back and ribs with his handgun and one of his accomplices pepper-sprayed a 77-year-old saleswoman. Thanks to the outstanding, painstaking investigation of federal and local agencies in New York and Pennsylvania, Duartez will now spend many years in prison for this horrible crime. We will continue to work with our law enforcement partners to make sure that his accomplices are also held accountable.”
Guilderland Police Chief Carol J. Lawlor stated, “On March 15, 2012, an armed robbery at Frank Adams Jewelers in the Town of Guilderland was committed that was so violent it terrorized not only those involved, but residents throughout the town. Only through the diligence of our investigators, one of whom worked untold hours in his off-duty time, and the assistance of the FBI and the U.S. Attorney’s Office, Aristades Duartez III was arrested and sentenced today for his part in this horrific incident. The Guilderland Police Department is pleased to make this announcement along with our colleagues, and offers sincere thanks to the FBI, the York Area Regional Police Department and the U.S. Attorney’s Office for their assistance in bringing this individual to justice.”
Andrew W. Vale, Special Agent in Charge of the Albany Division of the FBI, stated, “Today’s sentencing is the result of many long hours of dedicated work by the FBI, the Guilderland Police Department and our law enforcement partners. Thanks to the joint efforts of law enforcement, Duartez will see just punishment for his criminal deeds.”
Around 8 p.m. on March 15, 2012, Duartez and three others robbed Frank Adams Jewelers on Western Avenue in Guilderland. Duratez and one of the other men entered the store and asked two saleswomen about some of the jewelry on display. A third man then entered the store, went to the Rolex watch display, smashed the glass display case with a hammer, and then stole 20 watches worth approximately $99,000. A fourth robber waited outside in a getaway car.
As the watches were stolen, Duartez pulled out a handgun, jammed it into the back and ribs of one of the saleswomen, and then shoved her toward a back room. At the same time, another robber shoved the 77-year-old saleswoman to the same back room, pulled her to the floor by her hair and shot pepper spray into her face as she cried and complied with their directions. Duartez and another robber then tied the wrists of the saleswomen with zip-ties and left.
Senior U.S. District Judge Thomas J. McAvoy also ordered Duartez to serve 3 years of post-imprisonment supervised release; restitution will be assessed at a later date.
This case was investigated by the Town of Guilderland Police Department and the FBI, with assistance from the York Area Regional Police Department in Pennsylvania, and was prosecuted by Assistant U.S. Attorney Robert A. Sharpe.
Washington County Sheriff Receives Award for Community PolicingRead the Press Release
ALBANY, NEW YORK – Washington County Sheriff Jeffrey J. Murphy was recognized today for the achievements of his department in community policing, as part of the United States Department of Justice National Community Policing Week, announced United States Attorney Richard S. Hartunian.
“I am pleased to recognize the excellent work of Sheriff Jeffrey J. Murphy and the Washington County Sheriff’s Department for their commitment to strengthening and enhancing the ties between his department and the community it serves through community policing. These successful efforts promote trust and confidence between the Sheriff’s Department and the people of Washington County. In the challenging times in which we live, these bonds are essential to a society that is both free and safe. National Community Policing Week, October 3rd through 7th, provides an opportunity for the United States Department of Justice to acknowledge those who promote law enforcement engagement with communities, and I am very happy to do so for Sheriff Murphy, whose motto is emblazoned on each Washington County Sheriff’s Department Patrol car, ‘Community First.’
Upon becoming Sheriff of Washington County in upstate New York in 2012, Sheriff Murphy instituted numerous programs to emphasize the Department’s engagement with the community. These include:
-Active-shooter awareness for school faculties
-Bicycle safety rodeos
-Career-day events at schools
-Child safety seat installation and inspection service
-Cyber safety/online predator awareness for students
-EMS and fire police in-service regarding MVA investigation
-Prom crash drills
-Rape aggression defense training
-Safe-drive program
-Scam-avoidance for senior citizen groups
-School safety and lock-down training
-Community Roll Call Video Web Series
-Law Enforcement Explorer Post for Teens
-Internet Safe Transaction Zone
-Town Supervisor/Deputy Liaison Program
In a ceremony at the Washington County Law Enforcement Center in Fort Edward, New York today, United States Attorney Hartunian presented Sheriff Murphy with a plaque to recognize the Washington County Sheriff’s Department for its Community Policing programs.
The Washington County Sheriff’s Department includes criminal, civil, jail and administrative divisions, and serves the people of Washington County in northeastern New York State. It is part of the Northern District of New York, the thirty-two county federal district in which the United States Attorney’s Office, a part of the United States Department of Justice, prosecutes civil and criminal cases in federal court.
Guatemalan Charged with Re-Entry After Previous DeportationRead the Press Release
BINGHAMTON, NEW YORK – Edison Lopez-Raymundo, 26, a citizen of Guatemala, made his initial appearance before a United States Magistrate Judge today in Syracuse, New York. He is charged by a criminal compliant with Re-Entry of a Removed Alien, pursuant to Title 8 U.S.C. § 1326(a), announced United States Attorney Richard S. Hartunian.
According to the criminal complaint, Edison Lopez-Raymundo was found on September 7, 2016 in Cortland, New York, after he was previously removed from the United States and having returned without the consent of the Secretary of Homeland Security to apply for readmission. If convicted, he faces a maximum of 2 year’s imprisonment, 1 year of supervised release, a $250,000 fine, and deportation to Guatemala. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by Department of Homeland Security, Immigration & Customs Enforcement, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Sixteen Charged in Lewis County Drug RaidRead the Press Release
SYRACUSE, NEW YORK – Three people were arrested today and charged in federal court with methamphetamine and listed chemical offenses and thirteen others were arrested and charged in Lewis County for state offenses involving the sale and possession of methamphetamine and other illegal drugs, announced United States Attorney Richard S. Hartunian and Lewis County District Attorney Leanne Moser.
Federal Defendants
Eric Campbell, 35, of Port Leyden, New York, Cayla Wujek, 24, of Port Leyden, New York, and Jessica Bowers, 35, a resident of the state of Alabama, are charged with conspiracy to manufacture methamphetamine in Lewis County in November 2015. The three were also each charged individually with possessing pseudoephedrine, a listed chemical, knowing it would be used to manufacture methamphetamine. The charges carry a maximum term of imprisonment of twenty (20) years, a fine of up to $1,000,000, and a term of supervised release of at least three (3) years.
All three federal defendants were arrested today and are scheduled to be arraigned at 2:00 pm in Syracuse, New York, before United States Magistrate Judge David E. Peebles. A federal 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.
Today’s arrests are part of a joint federal and state investigation into methamphetamine manufacturing and distribution in Lewis County. In addition to the three defendants charged in Federal Court, another thirteen defendants were arrested today in Lewis County on state charges alleging the sale and possession of methamphetamine, methamphetamine precursors, and other illegal drugs.
New York State Defendants
Joshua Alexander, 32, of Copenhagen, New York, is charged with Criminal Sale of a Controlled Substance in the Fourth Degree, Criminal Possession of a Controlled Substance in the Fifth Degree (two counts) and Criminal Possession of a Controlled Substance in the Fifth Degree.
Lucas Boliver, 29, of Lowville, New York, is charged with Criminal Sale of a Controlled Substance in the Third Degree, Criminal Possession of a Controlled Substance in the Third Degree, Criminal Sale of a Controlled Substance in the Fifth Degree, and Criminal Possession of a Controlled Substance in the Fifth Degree.
Sasha Eckelman, 27, of Glenfield, New York, is charged with Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree.
Ryan Granger, 36, of Lowville, New York, is charged with Criminal Sale of a Controlled Substance in the Fifth Degree.
Julie Green, 48, of Watertown, New York, is charged with Criminal Sale of a Controlled Substance in the Third Degree (3 counts) and Criminal Possession of a Controlled Substance in the Third Degree (3 counts).
James Lynch, 27, of Old Forge, New York, is charged with Sale of An Imitation Controlled Substance.
Brittany Moshier, 23, of Constableville, New York, is charged with Criminal Sale of a Controlled Substance in the Fifth Degree.
Adam J. Rhoades, 20, of Turin, New York, is charged with Criminal Possession of a Controlled Substance in the Seventh Degree.
Tonia Simmons, 37, of Castorland, New York, is charged with Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree, Criminal Sale of a Controlled Substance in the Fifth Degree (2 counts), and Criminal Possession of a Controlled Substance in the Fifth Degree (2 counts).
Dawn Stanley, 39, of Lowville, New York, is charged with Criminal Sale of a Controlled Substance in the Fifth Degree, and Criminal Possession of a Controlled Substance in the Fifth
Degree.
Douglas Tuttle, 21, of Lowville, New York, is charged with Criminal Sale of a Controlled Substance in the Fifth Degree.
Gregory Ward, 31, of Glenfield, New York, is charged with Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree.
Kendra Zehr, 20, of Lowville, New York, is charged with Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree.
The charges are merely accusations. The defendants are presumed innocent until proven guilty.
U.S. Attorney Hartunian stated, “Today’s arrests represent the latest accomplishments in a longstanding, collaborative effort between my office, the DEA, and our state and local partners to target and eradicate illegal methamphetamine production in the North Country, Central New York, and the Southern Tier. With our actions today, illegal methamphetamine producers, as well as the “smurfs” who provide them with the pseudoephedrine necessary to manufacture this horribly addictive and destructive drug, continue to be on notice that their illegal activity subjects them to prosecution by both state and federal authorities, and I applaud the work done by Lewis County District Attorney Leanne Moser, the New York State Police, the Lewis County Sheriff’s Office, the Village of Lowville Police Department, and the DEA in this regard.”
"These arrests are an example of one part in the fight against drugs and how the cooperation of multiple law enforcement agencies can make a significant impact in eradicating all types of illegally controlled substances from being bought and sold on the streets of our communities. It is a constant and continual battle that police officers and prosecutors fight every day, and today is the result of a long, worthwhile step in this battle,” said Lewis County District Attorney Leanne Moser.
This case is being investigated by the U.S. Drug Enforcement Agency (DEA), the United States Marshals Service, the New York State Police, the Lewis County Sheriff’s Office, the Lowville Village Police Department and the Department of Corrections and Community Supervision. The defendants charged in federal court are being prosecuted by Assistant U.S. Attorney Carl Eurenius. The defendants charged under New York State Law in Lewis County are being prosecuted by Lewis County District Attorney Leanne Moser and Assistant District Attorney Mark Lemieux.
Oswego Man Pleads Guilty to Distribution, Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – James M. Moody, 42, of Oswego, New York, pled guilty today in Utica before United States District Judge David N. Hurd to one count of distribution of child pornography, one count of receipt of child pornography, and one count of possession of child pornography, announced United States Attorney Richard S. Hartunian and Brian Devine, Resident Agent in Charge, Homeland Security Investigations, Syracuse Office.
As part of his guilty plea, Moody admitted that he distributed images of child pornography through a Peer-to-Peer file sharing program. On October 23, 2015, investigators searched Moody’s residence, and recovered hundreds of images and numerous videos depicting child pornography.
Moody was ordered held in custody pending his sentencing on January 26, 2017 in Utica, New York. He faces at least five (5) years of imprisonment and up to twenty (20) years of imprisonment on each of the distribution and receipt counts, and up to twenty (20) years of imprisonment on the possession count. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. The Court will also impose a term of supervised release of between five (5) years and life, and Moody will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by 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.
Connecticut Man Sentenced to 12 Years for Methylone ConspiracyRead the Press Release
UTICA, NEW YORK – Ryan Canfield, age 40, of New Haven, Connecticut, was sentenced today to serve 12 years in prison, to be followed by 6 years of post-imprisonment supervised release, for conspiring to distribute the controlled substance methylone.
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).
Methylone is an analogue of MDMA – and often marketed as ecstasy – that has been a scheduled drug since October 2011.
On April 22, 2016, after a 4-day trial, a jury convicted Canfield of conspiring with others to distribute methylone, as well as on 8 counts of using a communication facility to facilitate the commission of a felony under the Controlled Substances Act.
The evidence at trial demonstrated that Canfield imported substantial quantities of methylone from manufacturers in China and redistributed that methylone to other distributors in the United States. Canfield made arrangements with co-conspirators to receive, on his behalf, kilograms of methylone from Chinese distributors and sell that methylone to users in the United States and abroad. The evidence at trial further demonstrated that Canfield sold numerous other controlled substances over the Internet, including through an online storefront called “The Online Source.”
Canfield, whose criminal history United States District Judge David N. Hurd described as “virtually uninterrupted,” was also found to have obstructed justice by, among other things, violating a Protective Order that governed the use of evidence in the case.
This case was investigated by the DEA, and was prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Wayne A. Myers.
Utica Man Sentenced in Marijuana ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Angelo Santalucia, 50, of Utica, New York was sentenced today by Chief U.S. District Judge Glenn T. Suddaby to serve a twenty-seven (27) month term of imprisonment, to be followed by four (4) years of supervised release, announced United States Attorney Richard S. Hartunian. The sentence followed his May 10, 2016 guilty plea to one count of conspiracy to distribute marijuana.
As part of his guilty plea Santalucia admitted that between January 2011 and August 2015 he received boxes of marijuana in Utica, New York, delivered by the U.S. Postal Service. The marijuana was grown in Northern California and moved through “stash houses” in Las Vegas, Nevada before being mailed to Santalucia. At the direction of coconspirators, Santalucia delivered the marijuana to others in the Utica, New York area for further distribution and sale. Santalucia also admitted that he sometimes paid others to receive the boxes of marijuana on his behalf.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigations, the Bureau of Alcohol, Firearms, Tobacco and Explosives, the Drug Enforcement Administration, the Oneida County Sheriff’s Office, the New York State Police, the Oneida County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius and Special Assistant U.S. Attorney and Oneida County ADA Grant J. Garramone.
Guatemalan Man Sentenced for Third Illegal Entry into United StatesRead the Press Release
SYRACUSE, NEW YORK – Otilio Sales-Gomes 34, of Guatemala, was sentenced today to serve eight (8) months in prison following his guilty plea to illegally reentering the United States. This was his second felony conviction for this offense and involved his third illegal entry in the United States, announced United States Attorney Richard S. Hartunian and Michael T. Phillips, Field Office Director, U.S. Department of Homeland Security, Immigrations and Customs Enforcement, Enforcement and Removal Operations—Buffalo Field Office.
In pleading guilty, Sales-Gomes admitted that he returned to the United States approximately one year ago and that he was recently living and working illegally in Oriskany, New York. Sales-Gomes also admitted that he was first removed from the United States in September 2005, and that he later returned illegally to the United States. Nearly two years later, in June 2007, Sales-Gomes was convicted in the United States District Court for the District of New Mexico of one felony count of reentry after removal, after which he was deported a second time.
Following the completion of his eight-month prison sentence, Sales-Gomes will be subject to removal proceedings for the third time. Sales-Gomes was sentenced by Chief United States District Judge Glenn T. Suddaby, who presided over the case and who took Sales-Gomes’s earlier guilty plea.
This case was investigated by the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, Enforcement and Removal Operations, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Albany Man Pleads Guilty to Oxycodone ConspiracyRead the Press Release
ALBANY, NEW YORK – Salvatore Commisso, age 33, of Albany, New York, pled guilty yesterday to conspiring to distribute the controlled substance oxycodone.
The announcement was made by U.S. Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
Commisso faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on January 24, 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, Commisso admitted that from at least December 2015 through February 2016, he obtained approximately 745 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.
Utica Man Pleads Guilty to Distribution, Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK - Daniel Beal, 56, of Utica, New York, pled guilty today in Syracuse before United States District Judge Brenda K. Sannes to two counts of distribution of child pornography, one count of receipt of child pornography, and seven counts of possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation. Beal, who was ordered held in custody pending his sentencing, faces a term of at least five (5) years and up to 20 years of imprisonment on each of the distribution and receipt counts, and up to ten (10) years imprisonment on the possession 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 Beal will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his guilty plea, Beal admitted that he distributed images of child pornography through a Peer-to-Peer file sharing program. On July 29, 2015, investigators searched Beal’s business, Dacobe Enterprises, LLC, and recovered thousands of images and hundreds of videos depicting child pornography. Sentencing is scheduled for January 26, 2017, in Syracuse, New York.
This case was investigated by the Federal Bureau of Investigation, 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.
Jury Convicts California Man of Conspiring to Distribute OpiatesRead the Press Release
ALBANY, NEW YORK – A jury last week convicted Charles Rainer Sinek, age 51, of Oakland, California, of conspiracy to distribute and possess with the intent to distribute opiate pills.
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).
The jury’s verdict, reached on September 21, came after a 3-day trial. The evidence at trial demonstrated that from 2011 to September 2012, Sinek used his father-in-law’s prescription pad to write prescriptions for Schedule II controlled substances, including oxycodone, oxymorphone, hydromorphone, and morphine. He filled these prescriptions at different pharmacies using variations of his own name and at least one other pseudonym. He then shipped the drugs cross-country to his co-conspirator in Saranac, New York, where the drugs were sold.
Sinek faces up to 20 years in prison and a 3-year term of post-imprisonment supervised release when he is sentenced on January 17, 2017 by Senior U.S. District Judge Gary L. Sharpe. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and the Plattsburgh Police Department, and was prosecuted by Assistant United States Attorney Elizabeth R. Rabe.
New York Restaurant Entrepreneur Pleads Guilty to Ten-Year Investment Fraud Scheme and Tax EvasionRead the Press Release
WASHINGTON – A Watertown, New York food and restaurant entrepreneur and franchisor pleaded guilty today to one count of wire fraud and one count of tax evasion announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Richard Hartunian for the Northern District of New York.
According to the criminal information and plea agreement filed with the U.S. District Court in Utica, New York, between 2005 and 2015, Christopher Swartz, 46, engaged in a promissory note scheme to defraud lenders and investors, as well as a scheme to evade taxes and obstruct the Internal Revenue Service (IRS).
“Mr. Swartz used his business enterprises to steal from lenders, investors, and the United States, hiding behind an elaborate web of entities and financial transactions,” said Principal Deputy Assistant Attorney General Ciraolo. “This case serves as clear notice that no one is above the law, and those individuals who seek to evade their tax obligations will face prosecution and incarceration, regardless of the complexity of their schemes or economic status.”
“The defendant’s wide-ranging, persistent, and lengthy fraud and tax evasion schemes cost investors and the IRS millions of dollars,” said U.S. Attorney Hartunian. “My office is pleased to be part of the efforts by the Tax Division and IRS-Criminal Investigation to hold him accountable for his brazen conduct.”
“As highly trained and experienced financial investigators, IRS special agents are particularly adept at tracing the flow of funds and uncovering hidden assets,” said Special Agent in Charge Shantelle P. Kitchen of IRS Criminal Investigation, New York Field Office. “Mr. Swartz’s conviction serves as warning to anyone who schemes to divert money from a business in order to conceal income and evade taxes.”
Swartz, using his multiple interests in various food and restaurant businesses, raised money by fraudulently inducing lenders with the promise of repayment at high interest rates and ownership interests in his companies. Swartz misappropriated and diverted funds received and when lenders and investors sought the return of their funds, Swartz attempted to lull them with false and fraudulent excuses, assurances, and partial payments, including payments by checks that he knew would bounce. Swartz also concealed his assets and income to avoid seizure and collection by lenders, investors, and judgment creditors, thereby attempting to prevent recovery of their funds.
As one part of the scheme, in 2009, Swartz used a promissory note and the offer of an equity interest in the Jreck Subs franchise to induce an investor group from New York City to provide $1.5 million in funds, including funds for the construction of new stores and the growth of the chain. Swartz misappropriated and diverted a substantial portion of the funds. Swartz then solicited additional loans from this same group, fraudulently inducing them with a series of additional promissory notes, which he failed to honor while misappropriating funds. Swartz purported to secure some of the notes with fictitious and forged rebate agreements.
Swartz admitted that between 2005 and 2015, he also engaged in a 10-year tax evasion scheme, filing false tax returns that understated his personal income. Swartz diverted money from business accounts and disguised these diversions in the company records as, among other things, loans and business expenses. He made extensive use of cash to diminish the traceability of funds and concealed his ownership of various assets using multiple entities and nominees. Swartz also falsified partnership tax returns and attempted to impede the IRS’s ability to collect employment taxes.
U.S. District Judge David N. Hurd scheduled sentencing for Jan. 19, 2017. Swartz faces a statutory maximum sentence of 20 years in prison for his conviction on the wire fraud count, and five years in prison on the tax evasion count, as well as a period of supervised release and monetary penalties. As a condition of the plea agreement, Swartz agreed to an order of restitution payable to any individuals and entities determined to be, at the time of sentencing, victims of his schemes.
The district court entered a preliminary order of forfeiture of assets, including forfeiture of Swartz’s interests in the Jreck Subs franchisor corporate business, which receives royalty payments from store owners based on a percentage of store sales. Under current law, if a final forfeiture order is entered, criminally forfeited assets may be used as a source of funds to pay restitution to victims. According to court documents, the number of victims may be in excess of 130.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Hartunian thanked special agents of IRS-Criminal Investigation and the FBI, and an IRS revenue agent, who conducted the investigation, as well as Assistant Chiefs John N. Kane, Jr. and Andrew Kameros, and Trial Attorney Abigail Burger Chingos of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Syracuse Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
SYRACUSE, NEW YORK – Carl Switala, 34, of Syracuse, New York, was sentenced to serve one (1) year and one (1) day in prison, followed by 5 years of supervised release, for failing to register as a sex offender, announced United States Attorney Richard S. Hartunian.
Switala pled guilty on May 18, 2016 to violating the Sex Offender Registration and Notification Act, which requires a convicted sex offender to register, and keep that registration current, wherever he or she resides, is employed, or is a student. As part of his guilty plea, Switala admitted that he was previously convicted of Criminal Sexual Conduct in the First Degree in Michigan, which required him to register as a sex offender for the rest of his life, and that he had moved from North Carolina to Syracuse in November 2015 without ever registering in New York or updating his registration in North Carolina.
This case was investigated by the United States Marshal Service, Sex Offender Investigation Branch, and was prosecuted by Assistant U.S. Attorney Robert S. Levine.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Saratoga Springs Man Acquitted of Assaulting a Federal OfficerRead the Press Release
ALBANY, NEW YORK – A jury voted today to acquit Ethan M. Lawas, age 51, of Saratoga Springs, New York, on a charge of assaulting a federal officer.
Lawas was accused of using his truck to assault a United States Park Ranger on the grounds of the Saratoga National Historical Park on August 28, 2014.
The jury voted to acquit Lawas following a 3-day trial in Albany before Senior U.S. District Judge Thomas J. McAvoy.
Apalachin Man Pleads Guilty to Receiving Child PornographyRead the Press Release
BINGHAMTON, NEW YORK -Brandon Kie, 30, of Apalachin, New York, pled guilty in federal court to receiving child pornography via the internet.
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).
Sentencing is scheduled for January 27, 2017 before Senior Judge Thomas J. McAvoy. Kie faces a minimum sentence of 5 years and up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. He will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
In pleading guilty, Kie admitted that in 2014 he used a computer to connect to several child pornography web sites via the internet and also connected to other computers using peer-to-peer software programs. Kie received and downloaded more than 500 digital images and more than 12 videos of child pornography via the internet.
This case is being investigated by the FBI, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Liverpool Man Sentenced to 235 Years on Child Exploitation ConvictionsRead the Press Release
SYRACUSE, NEW YORK – Jason Kopp, age 40, of Liverpool, New York, was sentenced today to serve 235 years in prison in connection with his convictions for 22 felony offenses, including the sexual exploitation of an infant and a toddler, distributing images of child exploitation, and the possession of hundreds of images and videos of child pornography obtained from the Internet.
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).
U.S. Attorney Richard S. Hartunian stated: “For over a decade, Kopp sexually exploited young children, including an infant and a toddler. His conduct was so depraved that it is literally off the sentencing chart – higher than the offense level that sets the guideline imprisonment term at life. The 235-year sentence imposed today will ensure that this dangerous predator with an insatiable appetite for sexual abuse will never exploit another child. We owe that to the victims in this case and to all of the most vulnerable and defenseless among us.”
FBI Special Agent in Charge Andrew W. Vale stated: “The severity of today’s sentencing should illustrate the utterly horrific nature of Mr. Kopp’s crimes. The damage and pain he inflicted is immeasurable. Thanks to the joint efforts of law enforcement, our community is safe from a truly dangerous predator.”
The 235-year sentence imposed today by Chief United States District Judge Glenn T. Suddaby reflects a 30-year sentence on the conspiracy count, 15-year consecutive sentences on each of the 10 production counts, 5-year consecutive sentences on each of the 9 distribution counts, and 5-year sentences on each of the 2 possession counts. If ever released, Kopp will be on supervised release for life, and will be required to register as a sex offender.
Emily Oberst was indicted along with Kopp, and her trial is scheduled for November 7, 2016. The charges against her are merely accusations and she is presumed innocent.
As part of his guilty plea on May 20, 2016, Kopp admitted that he and another person conspired to sexually exploit an infant to produce visual depictions of the abuse. In addition to the sexual exploitation of the infant, Kopp admitted that he sexually exploited a male toddler. Kopp admitted that he sexually exploited the two children 10 separate times so that he could produce images and videos of that sexual exploitation. He also pled guilty to 9 counts related to his distribution of the images that he had produced and 2 counts related to his possession of child pornography that he downloaded from the Internet.
While Kopp’s convictions stemmed from his crimes against 2 specific children, the investigation uncovered his exploitation of 8 children over the past 16 years.
This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency), the New York State Police, and the Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (FBI Washington Field Office), and was prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Robert Levine.
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/.
Troy Man Sentenced to 57 Months for Bank RobberiesRead the Press Release
ALBANY, NEW YORK – Michael C. Matzen, age 36, of Troy, New York, was sentenced today to 57 months in prison for committing 2 bank robberies in 2 days in East Greenbush and Latham.
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).
Senior U.S. District Judge Gary L. Sharpe also ordered Matzen to serve a 3-year term of supervised release following his incarceration, and to pay restitution in the amount of $6,250, the total amount that Matzen stole from the two banks.
On March 19, 2015, Matzen entered an East Greenbush TD Bank, approached a teller, and handed the teller a note that read “I HAVE A GUN, GIVE ME The Top & bottom Drawer, NO Dye packs, NO bait money ...” The bank teller gave Matzen $500 and he fled.
On March 20, 2015, Matzen entered a Trustco Bank in Latham, and approached a teller with a note that read “Give me $2,000, No bait money No Dye packs I have a Gun.” The bank teller gave Matzen $5,750 and he fled.
Matzen was arrested the following morning in an Albany motel room. He told police that he had planned to travel to Florida later that day.
This case was investigated by the FBI in coordination with the Colonie Police Department and the East Greenbush Police Department, and was prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
Duell Sentenced to 11 Years, 3 Months on Perjury ConvictionsRead the Press Release
ALBANY, NEW YORK – Jennica A. Duell, age 28, of Schenectady, New York, was sentenced today to 135 months in prison for providing false testimony before a grand jury investigating the May 2013 fire that killed three of her children and their father, as well as seriously injured a fourth child.
The announcement was made by U.S. Attorney Richard S. Hartunian and Charlie J. Patterson, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.
United States Attorney Richard S. Hartunian said: “Jennica Duell’s perjuries were the most reprehensible imaginable – detailed falsehoods about an arson homicide that killed the defendant’s own young children and their father and crippled the federal criminal investigation to hold accountable those responsible. Five times over five weeks, Duell said she was present when the fire was set by her boyfriend, even recounting how she said ‘yes’ when he asked if she wanted to be free before setting the blaze. Eight months later, she testified that her prior statements and testimony were false and said she and her boyfriend were never there. My office and our law enforcement partners remain fully committed to uncovering the truth and securing justice for the victims of this heinous act.”
ATF Acting Special Agent in Charge Charlie J. Patterson said: “On the night of May 2, 2013, David Terry, 32, Layah Terry, 3, Michael Terry, 2, and Donavan Duell, 11 months old, lost their lives. Sa’fyre Terry, then 5, survived through the actions of her father, but suffered severe burns. The children’s mother, the defendant, Jennica Duell, when confronted with the horror of that crime, betrayed them and this community by obstructing and impeding the criminal investigation rather than telling the truth. Sa’fyre will have to live the rest of her life with the injuries of that night; the defendant will only have to live with the repugnance and moral turpitude of her character. While the damage the defendant did to the investigation cannot be understated, her sentencing today, though justly deserved, is only a small victory in light of the greater task at hand. ATF’s goal is, and always will be, the identification, prosecution and conviction of those responsible for the crimes that occurred on that terrible night. The memory of the victims who perished, and the will of Sa’fyre to live, strengthen our resolve to ensure that justice is done.”
As part of her May 16, 2016 guilty plea, Duell admitted that she made irreconcilably contradictory statements under oath before a grand jury conducting an investigation into the May 2, 2013 arson at 438 Hulett Street in Schenectady, New York, which caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside. Duell admitted that on May 24, 2013, she testified regarding specific events that allegedly occurred on May 1-2, 2013, and then, on January 31, 2014, gave irreconcilably contradictory testimony about those events.
On May 24, 2013, Duell’s testimony about the events of May 2, 2013 included the following: Sometime after 3 a.m., she, her boyfriend, and two other men traveled from Saratoga Springs to Schenectady so that her boyfriend could confront David Terry, the father of her children. They stopped at a gas station and filled up a gas can. Then they went to the house at 438 Hulett Street, where her boyfriend grabbed the gas can and poured some gas into a water bottle, walked over to the house, and poured gas in the hallway and up the stairs. Duell asked what he was doing, said “don’t do this,” and “my babies are in there,” and her boyfriend said “they are not going to get hurt.” After he lit the fire, Duell “saw the flames” and “wanted to get in there . . . but he wouldn’t let me.” Before her boyfriend poured the gas and set the fire, he said to Duell, “do you want to be free?” Duell said “yes.”
On January 31, 2014, Duell testified that her prior testimony regarding what happened on May 1-2, 2013 was untrue.
Senior U.S. District Judge Gary L. Sharpe also sentenced Duell to a 3-year term of post-imprisonment supervised release and imposed a $300 special assessment.
On March 17, 2016, Judge Sharpe sentenced Edward A. Leon, 44, of St. Johnsville, New York, to 10 years in prison, also for providing perjured testimony to the grand jury investigating the May 2013 fire. Leon was convicted of perjury following a 3-day trial in November 2015.
This case was investigated by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case was prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.
Further questions or inquiries may be directed to First Assistant U.S. Attorney Jaquith at 518-431-0247.
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.
Chilean Man Sentenced for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK – Victor Manuel Fuentes-Gomez, age 68, a Chilean citizen, was sentenced today to serve 30 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.
In May, Fuentes-Gomez pled guilty to re-entering and being found in the United States after he was previously removed from the country. Fuentes-Gomez was found by the St. Regis Mohawk Tribal Police and Border Patrol agents in Hogansburg, New York, on January 25, 2016. Fuentes-Gomez had previously been deported and removed from the United States to Chile in 1975 and again in 2015.
Following Fuentes-Gomez’s completion of his term of imprisonment, the Department of Homeland Security will process him for removal from the United States.
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 Man Pleads Guilty to Bank Robbery ChargesRead the Press Release
SYRACUSE, NEW YORK – James Chisholm, 26, of Syracuse, New York, pled guilty yesterday to two counts of bank robbery.
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, Chisholm admitted that on March 12, 2016, and again on March 16, 2016, he entered the Chase Bank branch at 801 James Street in Syracuse, New York, where he passed a note to a teller demanding money, which he received. Chisholm admitted that on March 12, 2016 he took approximately $489 from the bank, and on March 16, 2016, he took approximately $2,753.
On each count of conviction, Chisholm faces up to twenty (20) years in prison, a fine of up to $250,000, and a three (3) year term of supervised release after imprisonment. Sentencing is scheduled for January 9, 2017 before Senior U.S. District Judge Norman A. Mordue. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.
Romanian Man Indicted in Capital Region ATM Skimming ConspiracyRead the Press Release
ALBANY, NEW YORK – Ilie Sitariu, age 36, a Romanian national, was indicted yesterday for conspiring to steal account information and personal identification numbers (PINs) by using skimming devices that he secretly installed on bank ATMs in the Capital Region and the Berkshires.
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).
Sitariu was arrested in October 2015 on a criminal complaint and has been in custody since then.
According to the indictment, from August 30, 2015 through October 24, 2015, Sitariu and a co-conspirator used skimming devices and pinhole cameras to secretly capture the account numbers and PINs of customers who used ATMs at First Niagara Bank, Trustco Bank, and Berkshire Bank branches in Chatham, New York, Delmar, New York, and Great Barrington, Massachusetts, respectively. The skimming devices captured the information encoded on the magnetic strips of customers’ bank debit cards, while the pinhole cameras allowed Sitariu and a co-conspirator to record the PINs used by the customers. Sitariu and a co-conspirator then used the information to steal money from the customers’ accounts by making withdrawals at ATMs in New York City.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Sitariu is accused of conspiring to commit bank fraud, access device fraud, and aggravated identity theft. If convicted on all charges, Sitariu faces at least 2 years and up to 30 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 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.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Latham Man Sentenced for Preparing False Tax ReturnsRead the Press Release
ALBANY, NEW YORK – Gnoan Pierre Kablan, age 53, of Latham, New York, was sentenced today to serve weekends in jail for 3 months, and to serve 3 years of probation, for aiding and assisting in the preparation of false tax returns.
The announcement was made by U.S. Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.
U.S. District Judge Mae A. D’Agostino also ordered Kablan to pay $12,971 in restitution to the IRS, to pay a $1,600 assessment to the Court, and to perform 50 hours of community service. With Kablan’s consent, Judge D’Agostino also permanently enjoined him from preparing and filing federal tax returns and forms for anyone other than himself or his spouse.
As part of his January 22, 2016 guilty plea, Kablan admitted that he prepared 16 tax returns that contained false information. These returns, which Kablan prepared for clients for the tax years 2008 through 2011, contained false deductions for charitable gifts, false deductions for unreimbursed employee expenses, and false solar property and energy efficiency credits. These false deductions and credits gave refunds to his taxpayer clients that they were not entitled to. At sentencing, Kablan admitted to preparing for clients an additional 31 tax returns that contained the same types of false deductions and credits as the tax returns for which he was indicted.
This case was investigated by the New York Field Office of the IRS-Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
New York City Man Sentenced to 25 Years for Running Massena Drug OperationRead the Press Release
PLATTSBURGH, NEW YORK – Patrick Lloyd, a.k.a. “Problem,” age 28, of New York City, was sentenced today to serve 25 years in prison for distributing crack cocaine, cocaine, and heroin in the Massena area, and for possessing guns while distributing drugs.
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 Immigration and Customs Enforcement, Homeland Security Investigations (HSI).
Lloyd is the last of 17 defendants to be prosecuted and sentenced as a result of a long-term investigation led by HSI, the Massena Police Department, the St. Lawrence County Sheriff’s Department and the New York State Police. The investigation targeted 2 organizations – the Lloyd organization and the Matthew Malu organization – from New York City that brought drugs and violence to the Massena area in 2012 and 2013.
Senior U.S. District Judge Gary L. Sharpe, who called Lloyd’s actions “drug terrorism,” also sentenced Lloyd to 10 years of post-imprisonment supervised release.
U.S. Attorney Richard S. Hartunian said: “Lloyd’s nickname is ‘Problem,’ but thanks to this investigation he will not be a problem for the North Country anymore. The success of this case is the result of great cooperation among federal, state, local, Canadian and tribal agencies, which came together to put a stop to 2 criminal organizations with roots in New York City that were intent on bringing drugs and violence to the Massena area. Lloyd’s sentencing marks the end of this particular investigation but not to our commitment to keeping this and other North Country communities safe.”
James C. Spero, Special Agent in Charge of the HSI Buffalo Field Office, said: “The lengthy prison term handed down today emphasizes that drug traffickers will not find a safe haven distributing heroin in the North Country. Criminals who attempt to operate in this region, no matter where they are based, will continue to be aggressively targeted by the coordinated effort of federal, state and local law enforcement.”
From 2012 through September 2013, Lloyd led a drug trafficking organization operating in Massena and New York City. Lloyd and a co-conspirator, Michael Spencer, possessed firearms while dealing drugs. Under Lloyd’s direction, his couriers transported bulk quantities of cocaine and heroin from New York City to Massena. Upon reaching Massena, the drugs were stored in stash houses rented by Lloyd but not in his own name. At the same time, another drug trafficking organization run by Matthew Malu operated in Massena. The Lloyd and Malu organizations became violent rivals.
On June 20, 2012, Lloyd and Spencer robbed and assaulted members of the Malu organization. They stole cocaine from the Malu organization and distributed it. On October 22, 2012, in retaliation for the June 20 assault, members of the Malu organization assaulted Lloyd, Spencer, and others at an apartment in Massena. Some members of the Lloyd organization were stabbed, beaten, shot and tied up.
On December 22, 2012, Lloyd and others arranged for Bernie Russo to transport 177 grams of cocaine, 118 grams of heroin, and two firearms for the organization. United States Border Patrol agents stopped Russo and seized the cocaine, heroin, and firearms.
On July 7, 2013, New York State Troopers found Lloyd co-conspirators Justin Brailsford and Jon Garcia in possession of approximately 1,160 packages of heroin and 175 grams of cocaine.
On September 5, 2013, law enforcement officers executed search warrants at various residences in the Massena area. At Spencer’s residence, agents seized a loaded 9 millimeter Taurus handgun; an Orion flare gun modified to shoot .22 caliber live rounds; a loaded .25 caliber Titan handgun; 30 grams of powder cocaine; 2 grams of crack cocaine; and a digital scale. Law enforcement seized 410 grams of cocaine, 2 grams of crack, and 228 grams of heroin related to the Lloyd organization. On September 5, 2013, law enforcement arrested the following defendants for their participation in the Lloyd organization, all of whom have now been sentenced as follows:
Defendant
Residence
Imprisonment
Supervised Release
Lloyd, Patrick
New York City
300 months
120 months
Spencer, Michael
New York City
180 months
60 months
Garcia, Jon
New York City
49 months
36 months
Brailsford, Justin
Massena
30 months
36 months
Huto, Zach
Massena
Time served (12 months)
36 months
Gardner, Ginelle
Massena
Time served (6 days)
36 months
Burke, Codi
Massena
60 months
48 months
Moore, Travis
New York City
120 months
60 months
Monaghan, Jessica
Massena
51 months
60 months
Moore, Leslie
Massena
Time served (89 days)
60 months
Berry, Catherine
Massena
Time served
(21 months, 28 days)48 months
Jandrew, Kimberly
Massena
18 months
60 months
Russo, Bernie
Massena
30 months
36 months
Law enforcement seized 200 grams of heroin, 27 grams of crack cocaine, and 29 grams of powder cocaine related to the Malu organization. Members of the Malu organization received the following sentences:
Defendant
Residence
Imprisonment
Supervised Release
Malu, Matthew
New York City
63 months
48 months
Rosario, Tremel
New York City
65 months
48 months
Hendricks, Ian
Massena
24 months
24 months
Perrin, Star
Massena
Time served (5 days)
36 months
Assisting in this investigation were the District Attorneys of Clinton, Franklin and St. Lawrence Counties, the Saint Regis Mohawk Tribal Police Department, United States Customs and Border Protection, the Drug Enforcement Administration, the Royal Canadian Mounted Police, the New York Attorney General’s Office, the Oneida Indian Nation Police, and the United States Border Patrol.
This case was prosecuted by Assistant U.S. Attorneys Katherine Kopita, Cyrus P.W. Rieck, and Daniel C. Gardner, who now works in the District of Maryland.
Amsterdam Man Sentenced to 105 Months for Unlawfully Possessing 5 Guns and Distributing HeroinRead the Press Release
ALBANY, NEW YORK – Shawn Taft, age 45, of Amsterdam, New York, was sentenced yesterday to 105 months in prison for possessing 5 firearms as a felon and distributing heroin.
The announcement was made by U.S. Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
U.S. District Judge Mae A. D’Agostino also sentenced Taft to 3 years of post-imprisonment supervised release.
In May 2014, Taft sold heroin to another person on two separate occasions in the city of Schenectady.
On July 8, 2015, the U.S. Marshals Service, with assistance from the Amsterdam Police Department, went to arrest Taft at his home on heroin distribution charges. While arresting him, an officer observed a .22 caliber rifle in a closet in the front bedroom of Taft’s residence. Officers went on to find additional firearms in the residence, including three rifles and a High Standard, model 88, .22 caliber revolver. The revolver was found in a bag of dog food on the back porch. The other guns were found in his bedroom closet. Taft had previously been convicted of a felony and could not possess a firearm.
This case was investigated by the DEA, the Bureau of Alcohol Tobacco, Firearms & Explosives, and the U.S. Marshals Service, in conjunction with the Schenectady Police Department and the Amsterdam Police Department. The case was prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
West Charlton Woman Sentenced on Narcotics ConvictionRead the Press Release
ALBANY, NEW YORK – Kelly Burgess, age 26, of West Charlton, New York, was sentenced today to serve 3 years of probation and to pay a $3,000 fine for possessing and intending to sell hundreds of Oxycodone pills that she stole from the Ballston Spa pharmacy that employed her.
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).
The sentence was imposed by U.S. District Judge Mae A. D’Agostino following Burgess’s May 10, 2016 plea to possessing and intending to distribute 400 pills of Oxycodone, a controlled substance. In her plea, Burgess admitted that she stole the pills from a Ballston Spa pharmacy where she worked.
This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Solomon Shinerock.
News AdvisoryRead the Press Release
MASSENA, NEW YORK – On Thursday, September 8, the United States Attorney’s Office is joining the City of Massena in hosting a community-wide, anti-drug event starting at 5:30 p.m. at Massena High School (flyer attached). The purpose of the event is to discuss recent efforts to reduce the flow of drugs into the Massena area and to increase awareness of the heroin epidemic, with the intention of generating greater community involvement in the response to opioid addiction.
U.S. Attorney Richard S. Hartunian said: “Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes and firearms. We will continue to work with our law enforcement partners to prosecute heroin dealers and to collaborate with community leaders to help addicts receive treatment.”
September 8 from 5:30 to 8 p.m.
Massena High School Auditorium
84 Nightengale Avenue, Massena, NY 13662
- The event starts at 5:30 p.m. with a resource and information fair, with law enforcement agencies, and treatment and service providers offering information on drug abuse, addiction and recovery.
- From 6:30 to 7:30 p.m., “Chasing the Dragon,” a 45-minute documentary film produced by the Department of Justice, will be shown. The film profiles the stories of several people who either abused opiates or had family members become addicts. This film aims to teach teens, college students, and parents about the cycle of addiction and the tragic consequences associated with opioid abuse. During the resource and information fair, school professionals can register to receive a free resource packet that includes a DVD copy of “Chasing the Dragon,” along with discussion guides and other materials to use in classes, parent-teacher meetings, etc.
- From 7:30 to 8:30 p.m. a panel of Massena residents will describe what they do to address opioid abuse, addiction, and recovery.
Massena Mayor Timmy Currier said: “I urge every citizen to attend this unique event. If you have yet to be impacted by heroin, it is very likely that you will be in some manner. Many members of this community have joined our drug-free community coalition and are working hard to deal with this issue from every angle. However, real success will only be achieved when every citizen does their part and when we all work together, I am confident we will make great progress and save lives.”
Massena Police Chief Adam Love said: “This heroin epidemic cannot be solved by any one agency. We cannot arrest our way out of this. It is critical to have community involvement on the part of young people, parents, schools, treatment facilities, religious institutions, the media and others. Being involved means knowing what this addiction is, being aware of warning signs, knowing what to do, who to call when you need help, and taking action when it is needed.”
- The event starts at 5:30 p.m. with a resource and information fair, with law enforcement agencies, and treatment and service providers offering information on drug abuse, addiction and recovery.
News AdvisoryRead the Press Release
MASSENA, NEW YORK – On Thursday, September 8, First Assistant U.S. Attorney Grant C. Jaquith will be joined by law enforcement and community leaders to discuss the sentencing of Patrick “Problem” Lloyd and the related dismantling of 2 criminal organizations that operated in the Massena area.
News Conference – Sentencing of Patrick “Problem” Lloyd
September 8 at 2 p.m.
Massena Town Hall, Room 30, 2nd Floor
60 Main Street, Massena, NY 13662Lloyd’s sentencing is scheduled to take place in Albany on September 8 at 9 a.m., before Senior U.S. District Judge Gary L. Sharpe.
Brooklyn Man who Supplied Cocaine to Massena Sentenced to 5 YearsRead the Press Release
PLATTSBURGH, NEW YORK – Paul Williams, aka “Cash,” age 32, of Brooklyn, New York, was sentenced today to serve 5 years in prison for a drug distribution conspiracy involving at least 500 grams of cocaine.
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 Immigration and Customs Enforcement, Homeland Security Investigations (HSI).
Senior U.S. District Judge Gary L. Sharpe also sentenced Williams to a 4-year term of supervised release, to begin after Williams’s release from prison.
As part of his August 2015 plea, Williams admitted that from 2012 through September 2013, he transported cocaine by bus from New York City to Plattsburgh, where he was picked up by co-conspirators and driven to Massena. Upon arriving in Massena, Williams personally sold the cocaine and provided it to other members of the conspiracy for sale. In August 2013, Williams was arrested in Plattsburgh with 84 grams of cocaine hidden in the bottom of a Pringles container; he planned to sell the cocaine in Massena.
This case was investigated by HSI, the Massena Police Department, the Saint Lawrence County Sheriff’s Office, and the New York State Police.
This case was prosecuted by Assistant U.S. Attorneys Katherine Kopita and Cyrus P.W. Rieck.
Whitehall Man Sentenced to 37 Months on Machinegun ChargeRead the Press Release
ALBANY, NEW YORK – Shane Robert Smith, a/k/a Robert Smith, age 19, of Whitehall, New York, was sentenced today to serve 37 months in prison for illegal possession of a machinegun.
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).
U.S. District Judge Mae A. D’Agostino also ordered Smith to serve a 3-year term of supervised release upon his release from prison.
U.S. Attorney Richard S. Hartunian stated: “Our Joint Terrorism Task Force identified Shane Smith as a potential threat and quickly worked to neutralize him so that he would not be able to carry out a hate-inspired act of violence. This investigation and prosecution is an example of the kind of work that we and our law enforcement partners do every day to keep our citizens safe, which is our top priority.”
“The safety of our communities is paramount,” said FBI Special Agent in Charge Andrew W. Vale. “Threats like those posed by Mr. Smith need to be stopped as soon as possible. Thanks to the joint efforts of our law enforcement partners, Mr. Smith’s hateful vision will not be realized.”
Smith admitted that he repeatedly sought to purchase or otherwise obtain fully automatic weapons, as well as semiautomatic weapons that he intended to convert into fully automatic weapons. In social media postings and other communications, Smith repeatedly advocated violence toward members of racial and religious minority groups, and listed his interests as “guns, gun smithing, building bombs, knives, guerilla warfare, preserving my race and folk, and destroying the government.” Smith also attempted to form what he described as a “militant terrorist” group, or a “hit squad,” called the Silent Resistance Army that would be a “true underground Aryan militant army with only men who are not scared to kill or die to make change happen.”
After becoming aware of social media postings by the defendant, including a post in which Smith sought to acquire a Mac 10 machinegun, individuals working with law enforcement contacted him. In subsequent communications with those people, Smith confirmed that he sought to purchase a Mac 10 and that he intended to “rock and roll it,” a phrase that means to convert a semi-automatic weapon to fully automatic. Smith further explained that the firearm was “gonna be used to execute kikes, coons, and get money for the crew.” Smith also sought to acquire Green Tip ammunition, which is designed to pierce body armor, as well as explosives such as “c4 or grenades.”
After communicating through the Internet and text messages with an undercover FBI agent, Smith arranged to meet with the agent for the purpose of acquiring machineguns, silencers, and ammunition. On August 5, 2015, Smith met with an undercover FBI agent in Whitehall, New York, and took possession of two machineguns, a silencer, a Beretta handgun, and 120 rounds of Green Tip ammunition; the guns were not loaded and inoperable at the time. Smith was then immediately arrested.
This case was investigated by the FBI Joint Terrorism Task Force in Albany, and was prosecuted by Assistant United States Attorneys Sean O’Dowd and Solomon Shinerock.
Schenectady Man Pleads Guilty to Unlawfully Possessing a Loaded HandgunRead the Press Release
ALBANY, NEW YORK – Darryl Flannagan, age 26, of Schenectady, New York, pled guilty today to unlawfully possessing a firearm and ammunition while subject to an order of protection.
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).
Flannagan faces a maximum sentence of 10 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 January 4, 2017 by Senior U.S. District Judge Gary L. Sharpe. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his plea, Flannagan admitted that on May 19, 2016, a Schenectady Police Officer stopped and questioned him as he was on his way to deliver a loaded handgun to a friend. Flannagan was acting nervously and wearing a heavy, leather coat on a warm day. When the Officer ordered Flannagan to put the coat on the ground, Flannagan dropped the coat and attempted to flee, but was quickly arrested. In the coat, Officers found a 9 millimeter handgun loaded with 6 rounds of ammunition.
On the day he possessed the gun, Flannagan was the subject of a Colonie Town Court order of protection, which prohibited him from having almost any contact with his child’s mother. Because Flannagan was subject to this order, he was prohibited under federal law from possessing a firearm or ammunition.
This case was investigated by the FBI, the Schenectady Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and is being prosecuted by Assistant U.S. Attorney Michael Barnett.