Northern District of New York

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.

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.

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.

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.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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, 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/.

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.

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.

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/.

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.

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.

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, 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.

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.

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.

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.

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.

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.

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.”

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 13662

Lloyd’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.

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.

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.

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.

ALBANY, NEW YORK – Eric S. Mann, age 32, of Howard, Pennsylvania, was ordered detained on Friday after being arrested on August 25 for attempting to coerce and entice a minor into sex. 

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 from May 10, 2016 through August 25, 2016, Mann used various forms of Internet-based communication to entice someone he thought was a 14-year-old boy to meet at a truck stop in Milesburg, Pennsylvania, for a sexual encounter.  A Colonie Police Department investigator was posing as the boy.  The charges in the complaint are merely accusations.  The defendant is presumed innocent until proven guilty. 

Mann was arrested on August 25 in Milesburg and was ordered detained by a Middle District of Pennsylvania Magistrate Judge pending his appearance in Albany.  Mann appeared on Friday at a detention hearing in Albany before U.S. Magistrate Judge Christian F. Hummel, who ordered Mann detained pending further proceedings. 

If convicted, Mann faces at least 10 years and up to life in prison, as well as a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender.  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 the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss. 

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

ALBANY, NEW YORK – Jeremy Lillie, age 32, of Melrose, New York, pled guilty today to distribution, receipt and possession of child pornography. 

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

Lillie faces at least 5 years and up to 20 years in prison, and a term of post-imprisonment supervised release of between 5 years and life, 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.  Lillie will also be required to register as a sex offender upon his release from prison. 

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

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

ALBANY, NEW YORK – Gregory Kurzajczyk, age 69, of East Durham, New York, pled guilty today to distributing and receiving child pornography. 

The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge for Immigration and Customs Enforcement, Homeland Security Investigations (HSI). 

Kurzajczyk 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 on January 4, 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.  Kurzajczyk would also have to register as a sex offender upon his release from prison. 

As part of his plea, Kurzajczyk admitted that between July 16, 2014 and January 19, 2015, an undercover law enforcement officer using an Internet file-sharing application downloaded child pornography images and videos from Kurzajczyk’s computer.  Kurzajczyk also admitted to using the file-sharing application to download child pornography. 

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

SYRACUSE, NEW YORK –Jawan Long, age 32, and Lance Harper, age 24, both of Brooklyn, New York, were sentenced today for possessing crack and heroin with the intent to distribute the drugs. 

Senior U.S. District Judge Noman A. Mordue sentenced Long to 40 months of imprisonment, to be followed by a 3-year term of post-imprisonment supervised release, and sentenced Harper to 33 months of imprisonment, to be followed by a 6-year term of supervised release. 

The announcement was made by United States Attorney Richard S. Hartunian; New York State Police Superintendent (NYSP) George P. Beach II; and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA). 

On April 1, 2016, Long and Harper travelled by bus from New York City to Plattsburgh while in possession of crack and heroin, and were arrested by the NYSP and DEA when they arrived at the Plattsburgh bus station.  Long had 39 grams of crack in his underwear.  Harper had 22 grams of crack and 8 grams of heroin in his underwear.  The two men intended to sell the crack and heroin in the Plattsburgh area. 

This case was investigated by the New York State Police and U.S. Drug Enforcement Administration, and was prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

ALBANY, NEW YORK – James Newland, age 31, was sentenced today to serve 33 months in prison and 5 years of post-imprisonment supervised release for failing to update his sex offender registration.

The announcement was made by United States Attorney Richard S. Hartunian and United States Marshal David McNulty. 

Newland pled guilty on March 2, 2016, admitting to moving to Gloversville, New York, from California, without updating his sex offender registration.  The Sex Offender Registration and Notification Act (“SORNA”) requires a convicted sex offender to register where he or she resides, is employed, or is enrolled as a student, and to keep any registration current. 

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch, North East Region; the United States Marshals New York/New Jersey Regional Fugitive Task Force; the Johnston Police Department; and the Gloversville Police Department.  The case was prosecuted by Assistant United States Attorney Solomon B. Shinerock. 

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

ALBANY, NEW YORK – Gregory L. Clark, age 26, of Troy, New York, pled guilty today to unlawfully possessing a firearm and ammunition. 

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

Clark, who has 3 prior felony convictions, admitted that on April 2, 2016, he possessed a loaded Ruger .357 caliber revolver.  He admitted that Troy Police Officers who were investigating a report of a man with a gun found Clark hiding in a closet in a Lansingburgh apartment and that his loaded Ruger .357 caliber revolver was also in that closet. 

Clark 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 December 12, 2016 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 Troy Police Department and ATF, and is being prosecuted by Assistant U.S. Attorney Michael Barnett with assistance from the Rensselaer County District Attorney's Office.

ALBANY, NEW YORK – Matik Jones, age 26, of Jersey City, New Jersey, was sentenced yesterday to serve 36 months in prison, to be followed by 3 years of supervised release, for intending to supply heroin and crack cocaine to the Massena area.

The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge for Immigration and Customs Enforcement, Homeland Security Investigations (HSI).

The sentence followed Jones’s November 24, 2015 guilty plea.

Senior U.S. District Judge Frederick J. Scullin, Jr. sentenced Jones exactly one year after Jones’s arrest following a traffic stop in Massena, in which Jones was found to possess approximately 103 grams of crack cocaine and 25 grams of heroin.

This case was investigated by HSI and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

PLATTSBURGH, NEW YORK – Harry McCarthy, age 55, of Ogdensburg, New York, was indicted yesterday for sexually exploiting a child for the purpose of creating child pornography, and for distributing, receiving, possessing and transporting child pornography. 

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

McCarthy appeared today before United States Magistrate Judge Gary L. Favro and was detained pending further proceedings.  If convicted of all charges, McCarthy faces at least 15 years and up to 30 years in prison for each charge of child exploitation, and at least 5 years and up to 20 years for each charge of distributing, receiving, and transporting child pornography.  If convicted, McCarthy would also face mandatory, post-imprisonment supervised release of at least 5 years and up to life, and would 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. 

According to the indictment, in 2013 and 2014, McCarthy induced a 13-year-old child into engaging in sexually explicit conduct for the purpose of creating images of such conduct.  The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty. 

This case is being investigated by the Federal Bureau of Investigation and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Katherine Kopita. 

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

BINGHAMTON, NEW YORK – Alphonso Dennis, 34, of Binghamton, New York, was sentenced to serve fifteen years in prison in connection with his convictions for sex trafficking of a child (four counts) and prostitution of a child (2 counts). 

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

In addition to being sentenced to fifteen years in federal prison, Dennis is also required to serve a twenty-year term of supervised release following his release from custody and must register as a sex offender.

As part of his guilty plea, Alphonso Dennis admitted that from August 2014 to November 2014, in Broome County, New York, Dennis hosted two minors, ages 14 and 15, at his apartment who met with men for the purpose of engaging in sex acts for money.  Dennis, who was aware of their ages, also arranged for the two minors to be transported to various locations for the purpose of having them engage in commercial sex acts. Using a cell phone, Dennis took photos of the minors in sexually provocative poses that he posted on an Internet advertising site. Dennis directed the minors how much money to charge for sex and required them to give him 50% of the money that they received. 

The prosecution stems from an investigation into a child prostitution ring conducted by the Federal Bureau of Investigation, the New York State Police, and the Town of Vestal Police Department. 

The case was prosecuted by Assistant U.S. Attorney Miroslav Lovric. 

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

ALBANY, NEW YORK – Catherine M. Kosakavich, age 51, of Troy, New York, was sentenced yesterday to 2 years of probation, and ordered to pay $49,766 in restitution, for unlawfully taking veteran benefits intended for her mother.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Jeffrey G. Hughes of the U.S. Department of Veterans Affairs (VA) Office of Inspector General, Northeast Field Office.

In pleading guilty on March 17, 2016, Kosakavich admitted that as legal guardian for her mother, she received her mother's veteran benefit payment each month.  Kosakavich’s mother died on February 18, 2013.  Kosakavich failed to notify the VA of her mother’s death and, for almost two and a half years, she stole government property by continuing to receive and spend monthly benefit payments totaling $49,766.

This case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.

WASHINGTON—Attorney General Loretta E. Lynch announced today the appointment of U.S. Attorney Richard S. Hartunian for the Northern District of New York as chair of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC).  Attorney General Lynch also appointed U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan to serve as vice chair.  Both appointments are effective immediately. 

“The Attorney General’s Advisory Committee plays an essential role in shaping the Justice Department’s policies, implementing its programs, and ensuring that equal justice and the rule of law are upheld throughout the United States,” said Attorney General Lynch.  “As a former chair of the AGAC, I know firsthand the significant duties required of the committee’s leaders, and I am certain that U.S. Attorneys Richard Hartunian and Barbara McQuade are ready to assume the responsibility of chairing such an important and distinguished body.  They are both seasoned prosecutors, exemplary law enforcement officers, and devoted public servants, and I look forward to benefitting from their long experience and wise counsel as we advance the department’s vital work in the months ahead.  I congratulate them on their new posts, and I once again thank former U.S. Attorney John Walsh for his outstanding service as AGAC chair over the last 20 months.” 

U.S. Attorney Hartunian has been the vice chair of the AGAC since January 2015.  He was appointed to the AGAC in 2013 and has served as the co-chair of the Border and Immigration Subcommittee, as well as a member of the subcommittees focused on Native American issues, Health Care Fraud and Environmental Crimes.  He has served as U.S. Attorney for the Northern District of New York since January of 2010.  Before that, he had been an Assistant U.S. Attorney there since 1997 and the district’s Narcotics Chief and Organized Crime Drug Enforcement Task Force Coordinator since 2006.

U.S. Attorney Hartunian is a 1983 cum laude graduate of Georgetown University and a 1986 graduate of the Albany Law School of Union University.  He was engaged in the private practice of law in Albany from 1987 to 1990.  He served as an Assistant District Attorney in Albany County from 1990 to 1997, where his work on narcotics and violent crime cases led to his designation as a Special Assistant U.S. Attorney in 1994.

In May of 2010, U.S. Attorney Hartunian was honored by the Armenian Bar Association as the first U.S. Attorney of Armenian descent.

U.S. Attorney McQuade was appointed to the AGAC in April 2013 and has previously served as co-chair of the Terrorism and National Security Subcommittee.  She also served on subcommittees addressing civil rights and border security.  She became the first woman to serve as U.S. Attorney for the Eastern District of Michigan when she took office in January of 2010.  She was an Assistant U.S. Attorney in Detroit, Michigan, for 12 years, including service as Deputy Chief of the National Security Unit.

U.S. Attorney McQuade is a 1987 graduate of the University of Michigan and a 1991 graduate of the University of Michigan Law School.  Before becoming a federal prosecutor, she practiced law in a Detroit firm and served as a law clerk to a U.S. District Judge.  From 2003 to 2009, U.S. Attorney McQuade was as an adjunct law professor at the University of Detroit Mercy School of Law.

While U.S. Attorney McQuade replaces U.S. Attorney Hartunian as vice chair, U.S. Attorney Hartunian replaces former U.S. Attorney John Walsh for the District of Colorado as chair.

The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the Attorney General on policy, management and operational issues impacting the offices of the U.S. Attorneys.

ALBANY, NEW YORK – Ray A. Perkins, age 29, of Schenectady, New York, pled guilty today to conspiring to distribute more than 100 grams of crack cocaine. 

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. 

Perkins faces at least 5 years and up to 40 years in prison when he is sentenced on December 12, 2016 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

As part of his plea, Perkins admitted that between December 2015 and March 2016, he and a co-conspirator sold about 106 grams of crack cocaine in the city of Schenectady. 

This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – David Rancourt, age 56, of Palmer, Massachusetts, was indicted today for attempting to coerce and entice a minor into sexual activity, after he posted an online advertisement soliciting sexual encounters and travelled to Colonie, New York, to meet what he believed to be a 14-year-old boy in order to engage in sexual activities.  Rancourt is also charged with having distributed, received, and possessed child pornography. 

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

On April 9, 2016, Rancourt was charged by complaint with attempted coercion and enticement of a minor.  He was detained on that charge and has remained in custody ever ince.   

If convicted, he faces at least 10 years and up to life in prison on the attempted coercion and enticement charge, and at least 5 years and up to 20 years in prison on the charges of receipt and distribution of child pornography.  He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

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

This case is being investigated by the Federal Bureau of Investigation and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock. 

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

ALBANY, NEW YORK – Alikubar Shaw, age 33, of Troy, New York, pled guilty today to possessing more than 28 grams of crack cocaine with the intent to sell it. 

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

Shaw faces at least 10 years and up to life in prison when he is sentenced on December 19, 2016 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. 

As part of his plea, Shaw admitted that on January 7, 2014, he was the passenger in a car that was stopped for a traffic violation in Albany County.  The driver of the car had a suspended license, and New York State Police Troopers smelled burnt marijuana coming from the car.  As Shaw exited the car to speak with one Trooper, the Trooper noticed Shaw touch his rear waist area, and the Trooper then found 263 grams of crack cocaine there.  As part of his plea, Shaw admitted that he intended to sell the crack. 

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

ALBANY, NEW YORK – Tristan Shaw, 31, of Granville, New York, pled guilty yesterday to one count of receiving child pornography, announced United States Attorney Richard S. Hartunian and James C. Spiro, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations (HSI).

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

As a result of his conviction, Shaw faces a minimum sentence of five (5) years imprisonment, a maximum term of twenty (20) years imprisonment, a fine of up to $250,000, a term of supervised release of at least five (5) years and up to life, and mandatory registration as a sex offender.  Sentencing is scheduled for December 5, 2016 at 10 a.m. in Albany, New York, before Senior U.S. District Judge Gary L. Sharpe.

This case was investigated by Homeland Security Investigations (HSI), and is being prosecuted by Assistant U.S. Attorney Richard Belliss.

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

ALBANY, NEW YORK – Two men were arraigned today on charges that they conspired to steal $2.5 million that they had agreed to maintain in a bank account, but quickly spent instead.

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.

Keith Eric Jergensen, age 56, of Salt Lake City, Utah, and Debashis Ghosh, age 52, of Chicago, Illinois, were arraigned today in Albany before U.S. Magistrate Judge Christian F. Hummel, and released pending a trial before U.S. District Judge Brenda K. Sannes. 

According to the indictment (copy attached), Jergensen and Ghosh were Co-Chief Executive Officers of Verdant Capital Group, LLC (“Verdant”), which was in the business of helping companies obtain funding sources for construction and energy projects.  In November 2010, Verdant was retained by a Plattsburgh, New York, company – identified in the indictment as “Company A” – to raise funds for the construction of an airplane maintenance, repair and overhaul facility in Plattsburgh.

Jergensen and Ghosh asked Company A to invest $2.5 million as seed money for the project.  They and Company A agreed that this money would remain in a Wells Fargo account and could not be moved without the authorization of Company A.  Company A wired $2.5 million into the account on December 3, 2010.  Five days later, Jergensen and Ghosh began transferring the money out of the account, and by March 18, 2011 they had transferred all of the $2.5 million out of the account.

According to the indictment, Jergensen and Ghosh used Company A’s $2.5 million to pay Verdant’s expenses including employees and contractors, and to pay others, including payments totaling $1.75 million to a now-defunct home energy services company that Verdant had agreed to raise money for; a $55,000 “loan” to an acquaintance; and transfers of at least $40,000 to Jergensen’s company Contour Composites, Inc.

Once Company A’s executives discovered that the $2.5 million had been transferred, they began asking Jergensen and Ghosh where it had gone. According to the indictment, Jergensen and Ghosh repeatedly and falsely assured Company A that its money was safe in another Wells Fargo account.

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

Jergensen and Ghosh are each charged with one count of wire fraud conspiracy, and, if convicted, face up to 20 years in prison, 2 years of supervised release, and a $250,000 fine.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Raymond P. Baker, age 37, of Schenectady, New York, was sentenced today to 16 years in prison after a jury found him guilty in December 2015 of participating in a heroin distribution conspiracy.

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

Senior United States District Judge Thomas J. McAvoy also sentenced Baker to serve 8 years of supervised release, to begin after Baker is released from prison.

In December 2015, a jury convicted Baker following a 4-day trial. The evidence at trial demonstrated that from January 2015 to June 2015, Baker worked with another person to sell heroin at two locations in Albany County, and that the amount of heroin involved in the conspiracy was 100 grams or more.

This case was investigated by the DEA.  It was prosecuted at trial by Assistant U.S. Attorney Michael Barnett, and was prosecuted to indictment by Assistant U.S. Attorneys Wayne A. Myers and Elizabeth R. Rabe.

ALBANY, NEW YORK – Edward Werner, 51, of Middleburgh, New York, was sentenced yesterday to serve one hundred and twenty-one (121) months in federal prison in connection with his conviction for receipt 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 (FBI).

Edward Werner pled guilty on March 2, 2016, to a one-count information charging him with receiving child pornography.  As part of his guilty plea, Werner admitted that between January 26, 2015 and March 3, 2015, he visited a website that provided for the display and sharing of child pornography, and accessed and viewed a series of images and videos depicting minors engaged in sexually explicit conduct.

United States District Judge Mae  D’Agostino also imposed a fine in the amount of $3,000 and a fifteen (15) year term of supervised release, which will start after Werner is released from prison.  As a result of his conviction, Werner will be required to register as a sex offender after leaving prison.

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

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