Northern District of New York
Press releases recorded for this federal judicial district.
Guatemalan Citizen Convicted of Third Illegal Entry into United StatesRead the Press Release
SYRACUSE, NEW YORK – Otilio Sales-Gomes, 34, of Guatemala, pled guilty yesterday in United States District Court in Syracuse to one felony count of illegally reentering the United States after having been previously deported following a felony conviction, 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.
Sales-Gomes admitted in federal court that he returned to the United States approximately one year ago and was most recently living and working illegally in Oriskany, New York. Sales-Gomes came to the attention of law enforcement after he was arrested in Oneida County earlier this year for endangering the welfare of a child. As part of his guilty plea in federal court, Sales-Gomes also admitted that he was first removed from the United States in September 2005, and later returned here illegally. 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.
Sales-Gomes will be sentenced on November 2, 2016, by Chief United States District Judge Glenn T. Suddaby. The felony charge to which Sales-Gomes pled guilty carries a maximum sentence of up to 10 years in prison and a fine of up to $250,000. Following his completion of any prison sentence, Sales-Gomes will be subject to removal proceedings for the third time. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, Enforcement and Removal Operations, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Jury convicts Schenectady man of crack cocaine distributionRead the Press Release
Binghamton, NEW YORK – A jury on Wednesday voted to convict Nicholas Khan, age 23, of Schenectady, New York, of distribution of crack cocaine.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, Drug Enforcement Administration.
The jury convicted Khan following a three-day trial in Binghamton. Khan faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 3 years and up to life, when he is sentenced on October 26, 2016 by Senior United States District Judge Thomas J. McAvoy. Khan is already serving a state term of imprisonment of 25 years to life for an October 2014 murder conviction.
This case was investigated by the Drug Enforcement Administration and the Colonie Police Department, and was prosecuted by Assistant United States Attorney Kofi Sansculotte.
Alien Found in Oswego County Sentenced for Illegally Re-entering United StatesRead the Press Release
SYRACUSE, NEW YORK – Jesus Alberto Medina-Montes, age 24, a citizen of Mexico, was sentenced today to a term of time served after being convicted of illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and U.S. Border Patrol Chief Patrol Agent John C. Pfeifer.
Medina-Montes was arrested on April 8, 2016 after being found in Parish, New York. He pled guilty on June 17, 2016 to the charge of illegal re-entry of a removed alien. As part of his plea, he admitted that after being removed from the United States in 2010, he unlawfully came back into the country. Medina-Montes, who served about 3 months in jail on this conviction, will likely be placed into removal proceedings and returned to Mexico.
This case was investigated by the U.S. Border Patrol and prosecuted by Assistant U.S. Attorney Robert S. Levine.
Jury Finds Delmar Woman Guilty of Workers’ Compensation FraudRead the Press Release
ALBANY, NEW YORK – A jury today convicted Carol-Lisa Gutman, age 62, of Delmar, New York, of conducting a 15-year fraud scheme in which she received about $429,000 in federal disability benefits.
The announcement was made by United States Attorney Richard S. Hartunian and Eileen Neff, Special Agent in Charge for the Northeast Area of the United States Postal Service Office of Inspector General.
Following a 6-day trial, Gutman was convicted of five counts of wire fraud, two counts of federal employees’ compensation fraud, and one count of theft of government money.
The evidence at trial demonstrated that Gutman began receiving federal workers’ compensation benefits in 1987, after claiming to have injured her back while working for the United States Postal Service. From that time forward, Gutman claimed to be completely disabled, regularly reporting to her doctors that she was essentially housebound and lacked the ability to do any substantial amount of bending, lifting, carrying, or even sitting. Gutman also reported that she spent 15 hours each day in a large hot tub in order to obtain relief for her back pain and that she did not perform household-related tasks.
The evidence at trial included hours of video recordings from 2011, 2012 and 2013, showing Gutman working in her yard, performing activities such as raking leaves, mowing the lawn, carrying large pails of yard waste, and bending over repeatedly. Gutman received more than $429,000 in workers’ compensation benefits between September 2001 and April 2016, the time period covered by the indictment.
Gutman will be sentenced in Syracuse on October 26, 2016, by Senior U.S. District Judge Frederick J. Scullin, Jr., who presided over the trial. Gutman faces up to 20 years in prison and a fine of up to $250,000, along with an order that she pay restitution to the government. 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 Postal Service Office of Inspector General, and was prosecuted by Assistant United States Attorney Michael F. Perry.
Syracuse Area Physician to Pay Civil Penalty for Violating the Controlled Substances ActRead the Press Release
ALBANY, NEW YORK – United States Attorney Richard S. Hartunian announced that his office reached a $30,000 civil settlement with Dr. Anthony A. Ascioti, a Fayetteville, New York anesthesiologist. The settlement was in connection with violations of the Controlled Substances Act. Dr. Ascioti’s Drug Enforcement Administration (DEA) number, which enabled him to prescribe controlled substances, has expired and he has not sought to renew it.
In 2015, the New York State Police (NYSP) and the New York State Bureau of Narcotic Enforcement (BNE) received information that an individual was receiving significant amounts of Adderall[1] using prescriptions signed by Dr. Ascioti on prescription pads from the Anesthesiology Department at St. Joseph’s Hospital. A subsequent investigation revealed that the individual to whom the prescriptions were given was not a patient of St. Joseph’s Hospital and that Dr. Ascioti was not working at that hospital at the time. Dr. Ascioti had also previously worked in the Anesthesiology Department at Auburn Memorial Hospital, but he had not worked there for six years. The individual receiving the prescriptions was also not a patient at Auburn Memorial Hospital. Moreover, the Adderall prescriptions were not related to anesthesiology services.
The investigation revealed that from January 20, 2012 to October 24, 2014, Dr. Ascioti issued 38 controlled substance prescriptions for the individual which were outside the scope of his usual course of professional practice. In addition, Dr. Ascioti failed to maintain records or a patient file for the individual in connection with these prescriptions.
Pursuant to federal regulations, a prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by a practitioner acting in the usual course of his or her professional practice. When Dr. Ascioti issued these prescriptions he did not meet these requirements since he did not prescribe this individual Adderall in connection with his practice as an anesthesiologist at either St. Joseph’s Hospital or Auburn Memorial Hospital.
The Controlled Substances Act was enacted to ensure that controlled substances are properly regulated and to help prevent drug diversion. Prescription drug abuse is a significant nationwide issue. According to U.S. Attorney Hartunian, his office will aggressively pursue those who engage in drug diversion, especially if they are healthcare providers. “It simply is unacceptable for medical professionals to act irresponsibly when handling controlled substances. The potential for these substances to end up in the wrong hands is something we are not willing to risk, and we will use whatever tools are available to prevent this from happening.”
The case was investigated by the NYSP, BNE and the DEA’s Diversion Unit in Syracuse, New York. The United States was represented by Assistant U.S. Attorney Thomas Spina Jr.
[1] Adderall is commonly prescribed to treat attention deficit hyperactivity disorder and narcolepsy. It is also used to enhance cognitive functions, promote athletic performance, to produce feelings of euphoria and as an aphrodisiac.
Former Nurse Sentenced to 82 Months for Stealing and Tampering with Patient MedicationsRead the Press Release
ALBANY, NEW YORK – Nathan Baum, age 31, of East Greenbush, New York, was sentenced today to serve 82 months in prison after admitting to stealing pain medication intended for hospice patients.
The announcement was made by United States Attorney Richard S. Hartunian; Special Agent in Charge Jeffrey G. Hughes of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Acting Special Agent in Charge Russell J. Hermann of the U.S. Food and Drug Administration Office of Criminal Investigations, New York Field Office.
Senior United States District Judge Lawrence E. Kahn also imposed a three-year term of supervised release, to begin after Baum’s release from prison, and a $2,000 fine.
Baum pled guilty in February to tampering with a consumer product and obtaining controlled substances by deception and subterfuge. Baum, a licensed practical nurse who worked at the hospice ward of the Veterans Affairs Medical Center, in Albany, improperly accessed syringes that contained oxycodone hydrochloride. These syringes were stored in locked containers that Baum was able to access using his individually assigned password. Between April 8, 2014 and May 16, 2014, Baum removed the oxycodone hydrochloride from at least 25 syringes and replaced it with haloperidol.
Oxycodone hydrochloride, a Schedule II controlled substance, is a highly addictive narcotic analgesic used to treat moderate to severe pain. Haloperidol, often marketed as Haldol, is an anti-psychotic medication used to treat certain mental/mood disorders and to treat uncontrolled movements or agitation.
Family members of some of the hospice patients attended today’s sentencing, and several gave statements detailing the pain and suffering that Baum inflicted on dying hospice patients and their families.
U.S. Attorney Richard S. Hartunian stated: “The victims in this case were military veterans, including veterans of World War II and the Korean War. They fought for and served our country, and eventually became hospice patients who trusted Nathan Baum to give them the medication they needed in the final moments of their lives. Baum violated that trust by stealing their medication and replacing it with anti-psychotic medicine that would not have eased his patients’ pain. This was a terrible crime, and Baum has received a sentence reflecting his betrayal of the nursing profession and the Department of Veterans Affairs.”
Jeffrey G. Hughes, Special Agent in Charge of the VA Office of Inspector General’s Northeast Field Office, said: “The VA OIG is committed to pursuing those who would do harm to our deserving veterans and bringing those individuals to justice. We will continue to diligently pursue fraud, waste and abuse in every form as it so negatively affects our nation’s heroes. We would also like to commend the Stratton VA Medical Center for its prompt actions and notification to our office.”
Russell J. Hermann, Acting Special Agent in Charge of the FDA Office of Criminal Investigations’ New York Field Office, said: “Our office will continue to pursue those who prey on our most vulnerable patients, those in hospice, by removing their needed medications. We will continue our efforts to protect the public health and bring to justice those would compromise patients’ health and comfort in this manner.”
Baum’s tampering was discovered in late May 2014, when his supervisor noticed that he was slurring his speech and his pupils were pinpoint – signs of controlled substance abuse. When federal agents inspected the locked container Baum was allowed to access, they found that three sets of oxycodone hydrochloride syringes had been tampered with. Baum admitted to agents that he was addicted to painkillers; that he used oxycodone hydrochloride that was intended for veterans; and that he replaced the oxycodone hydrochloride in some syringes with Haldol.
This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and the Food and Drug Administration Office of Criminal Investigations, and was prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Schenectady Man Sentenced to 30 Months for Selling Crack CocaineRead the Press Release
ALBANY, NEW YORK – Robert “Poobar” Daniels, age 43, of Schenectady, New York, was sentenced on June 15 to serve 30 months of imprisonment, to be followed by three years of supervised release, for distributing crack cocaine.
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.
Daniels, as part of his guilty plea, admitted that he sold crack cocaine directly, and oversaw the distribution of crack cocaine by another individual.The case was investigated by the Federal Bureau of Investigation, the New York State Police, and the Schenectady Police Department, in connection with the FBI-led Capital District Safe Streets Gang Task Force. The case was prosecuted by Assistant United States Attorney Wayne A. Myers.
Gloversville Accounting Firm Employees Sentenced for Tax FraudRead the Press Release
ALBANY, NEW YORK – Three people were sentenced last week for conspiring to defraud the United States and filing fraudulent tax returns.
The announcement was made by United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.
Carmen Gentile, age 54, of Amsterdam, New York, was sentenced on June 13 to a five-year term of probation, fined $10,000, and ordered to pay restitution to the United States. Angela Witzke, age 40, of Amsterdam, New York, and a certified public accountant, was sentenced on June 13 to a three-year term of probation for her role in the scheme. Michelle Lennon, age 43, of Gloversville, New York, was sentenced on June 16 to a one-year term of probation. Senior U.S. District Judge Gary L. Sharpe presided over the case.
All three defendants worked at Complete Financial Accounting Services in Gloversville, which Gentile owned and operated. As part of their guilty pleas, Gentile, Witzke, and Lennon each admitted that they worked together to prepare, and submit to the IRS, dozens of tax returns for clients that omitted income and claimed inflated charitable contributions, expenses, and losses. They admitted filing these returns despite knowing they contained false statements concerning their clients’ income, expenses and losses.
This case was investigated by IRS-Criminal Investigation’s New York Field Office and was prosecuted by Assistant United States Attorney Wayne A. Myers.
Oswego County Man Charged with Distribution of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Richard S. Buffham, 48, of West Monroe, New York, was arrested yesterday on charges of distribution of child pornography following an investigation by Special Agents of the Department of Homeland Security Investigations (“HSI”), the New York State Police-Computer Crime Unit and the New York State Police, Bureau of Criminal Investigation (BCI-Pulaski), announced United States Attorney Richard S. Hartunian.
The criminal complaint alleges that from September through November of 2015, Buffham posted files containing child pornography on a social media site.
The defendant appeared yesterday in federal court in Syracuse, New York, before United States Magistrate Judge David E. Peebles and was ordered detained without bail.
If convicted of distributing possessing child pornography, Buffham faces a mandatory minimum sentence of five (5) years imprisonment, a maximum term of 20 years imprisonment, 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. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
United States Files Lawsuit Against Former NYS Deputy Secretary of State and his Daughter for Engaging in Conduct Designed to Avoid a Criminal Restitution ObligationRead the Press Release
ALBANY, NEW YORK – U.S. Attorney Richard S. Hartunian announced today that the United States has filed a civil lawsuit against Joseph Felix Strevell (Strevell), age 54, and his adult daughter, Nicole Strevell Childrose (Childrose), age 30, alleging that Strevell engaged in a series of transactions that were made with the purpose and effect of rendering Strevell unable to pay restitution to New York State (NYS) following his 2009 fraud conviction. The lawsuit filed today seeks to recover those funds, together with penalties and interest.
U.S. Attorney Hartunian said: “Instead of satisfying his Court ordered restitution obligation, Joseph Strevell decided to financially enrich his grown daughter by fraudulently transferring assets to her. Restitution is a mandatory obligation and no felon should be allowed to evade that obligation. Through this civil action, we seek to void the transfers and make the victim of his crime whole.”
From 1997 to 1999, Strevell served as a Deputy Secretary of State for the State of New York. He left that position to serve as the head of the Institute for Entrepreneurship, a state sponsored nonprofit agency. In 2007, Strevell was convicted in federal court of defrauding NYS while leading the Institute. In March 2009, the United States District Court for the Northern District of New York entered judgment against Strevell on this conviction, ordering him to pay $111,500 in restitution to his victim, NYS. The judgment required Strevell to pay restitution at a minimum rate of $100 per month or 10 percent of his gross monthly earnings, whichever was greater, and to pay full restitution immediately if at any time he had the resources to do so.
According to the Complaint that was filed, Strevell still owes NYS $102,337.44 on his restitution judgment. In an effort to determine Strevell’s ability to satisfy this judgment, the United States undertook an investigation into Strevell’s assets during which Strevell maintained that he did not have the financial ability to satisfy the judgment. However, the investigation revealed that from 2012 through 2014, Strevell transferred a total of $157,646.00 to his adult daughter, for her personal benefit, while only paying $6,750.00 in restitution during that same time period. The Complaint alleges that Strevell is now unable to pay his restitution obligation because of the fraudulent transfers to his daughter, who works full-time as a college professor. The transfers Strevell made to his daughter were made in incremental amounts and from various business accounts that Strevell hid from the government. The Complaint also alleges that in order to fund his daughter’s wedding in May 2014, Strevell transferred approximately $28,000 to her personal checking account in the two months before her wedding. Additionally, he bought her three wedding gowns (ranging in cost from $1,400 – $2,500 each); paid in cash for the wedding tent, tables, linens and place settings ($10,435.25); hired her a professional photographer ($2,246); and funded her honeymoon at the Four Seasons Hotel, in Santa Fe, New Mexico. These transactions were made in such a way so as to avoid detection by the government. Additionally, in November 2015, Strevell paid $13,871.80 in cash to the Rensselaer County Bureau of Finance to satisfy his daughter’s unpaid property tax obligations when a property she and her husband owned was scheduled to be sold at an auction. The Complaint further alleges that Strevell made these transfers with the intent to defraud the United States and, as a result of the transfers to his daughter, he is no longer able to meet his restitution obligation. In its Complaint, the United States seeks entry of an order that would void these fraudulent transfers that unfairly enriched Childrose at the expense of the taxpayers.
This case was investigated by the Financial Litigation Unit of the U.S. Attorney’s Office’s Civil Division. The lawsuit is being handled by Assistant U.S. Attorney Cathleen B. Clark.
Syracuse Man Pleads Guilty to Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Leron T. Ross, 25, of Syracuse, New York pled guilty today to burglarizing a federally licensed gun dealer in Nedrow, New York, announced United States Attorney Richard S. Hartunian and U.S. Bureau of Alcohol, Firearms and Explosives (ATF) Special Agent in Charge Delano Reid.
As part of his guilty plea today, Ross admitted that he used a sledgehammer to break through the door of Intimidator Sports, also known as E.C.K. Tree and Outdoor Equipment in Nedrow, New York, in the early morning hours of November 20, 2014. Upon gaining entry to the store, Leron Ross and another man used bolt cutters to sever a steel cable securing pistols in a display case, stealing nine (9) handguns and departing before Onondaga County Sheriff’s Deputies responded to an alarm tripped by the break-in.
On January 5, 2015, Syracuse Police encountered Leron Ross for failing to stop at a stop sign. As Syracuse Police Officers approached his car, Ross sped off. During a short pursuit, Leron Ross threw a .45 caliber Glock Pistol from his car that was stolen in the E.C.K. burglary. It was later recovered by police. On March 12, 2015, Ross pled guilty in Onondaga County Court to Criminal Possession of a Weapon in the Second Degree, and was sentenced to thirty (30) months in state prison.
During an interview in state prison in January 2016, Ross admitted to an ATF Special Agent and Onondaga County Sheriff’s Detectives that he had committed the burglary of the gun dealer, stealing nine (9) handguns. According to ATF and the Onondaga County Sheriff’s Department, four (4) of the stolen firearms have been recovered by law enforcement agencies to date.
Sentencing for Leron Ross is scheduled for October 19, 2016 in Syracuse, New York. The charge to which Ross pled guilty to today carries a maximum sentence of up to ten (10) years imprisonment, a fine of up to $250,000 and term of supervised release of three (3) years, as well as restitution for the stolen firearms. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
A second defendant, Andrew Grady, of Syracuse, is charged by complaint. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the United States Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) and the Onondaga County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon.
Capital Region Anti-Gang Project Reaches More than 1,800 Fifth-GradersRead the Press Release
ALBANY, NEW YORK – United States Attorney Richard S. Hartunian wrapped up the 2016 LEADership Project this afternoon at a news conference at the Giffen Memorial Elementary School, part of the Albany School District. The LEADership Project, an anti-gang curriculum for fifth-grade students, was expanded to include the fifth-grade classrooms in the Albany, Schenectady, Troy, and Lansingburgh School Districts this year.
“We took on the challenges associated with reaching all the fifth-grade classrooms in these four districts this year so every student could learn about good decision making, staying away from gang activity, and focusing on what they want their futures to be. Each law enforcement officer spent time getting to know the students in their assigned classroom and encouraged them to be the best they can be,” said United States Attorney Hartunian. “Many thanks to our law enforcement and school district partners who helped steer our young people away from gangs and violence and toward a bright and productive future.”
To meet the challenge of getting volunteer instructors for the 79 fifth-grade classrooms in the four school districts, U.S. Attorney Hartunian reached out to federal, state, and local law enforcement agencies, and they answered the call. The chart below lists all the law enforcement agencies that participated:
14 Federal Agencies
United States Attorney’s Office
Federal Bureau of Investigation
Bureau of Alcohol, Tobacco, Firearms & Explosives
Drug Enforcement Administration
Internal Revenue Service Criminal Investigations
Transportation Security Administration
U.S. Coast Guard
U.S. Immigration & Customs Enforcement, Homeland Security Investigations
U.S. Probation and Pretrial Services
U.S. Customs & Border Protection
U.S. Postal Inspection Service
U.S. Postal Service Office of the Inspector General
U.S. Dept. of Health & Human Services OIG
Federal Public Defenders Office
3 State Agencies
NYS Dept. of Corrections & Community Supervision
NYS Dept. of Homeland Security & Emergency Services
New York State Police
12 Local Agencies
Albany Police Department
Schenectady Police Department
Troy Police Department
Schenectady Auxiliary Police Dept.
Albany County Family Court
Schenectady County DA’s Office
Rensselaer County DA’s Office
Schenectady County Probation Dept.
Rensselaer County Probation Dept.
Albany County Sheriff’s Office
Schenectady County Sheriff’s Office
Rensselaer County Sheriff’s Office
Through role-playing skits centered on two fifth-grade characters who are lured by an older gang member to make some bad decisions, classroom discussions revolved around making good life decisions, focusing on the future, acknowledging positive personal traits, and becoming the best that students can be. The sessions introduced the students to the concepts of responsibility and accountability through learning about Victim Impact Panels and Community Accountability Boards.
In past student questionnaires, 84% of fifth-graders stated it is very important to them to have help to stay away from gangs. These sessions help students learn how to do that. While 98% said they were not in a gang, 73% indicated they had friends who are in gangs. Prevention research tells us that having friends in gangs is a risk factor for future involvement in gangs and delinquent behaviors. When asked who can help them stay away from gangs, students notably listed their parents, teachers, police officers, and their LEADership instructors.
The LEADership Project is a small project with big returns. Even though it is only four sessions in each fifth-grade classroom, it reaches over 1,800 fifth-grade students in Albany, Schenectady, Troy, and Lansingburgh. The project uses very few resources; it is driven by over 80 volunteer law enforcement instructors. The LEADership Project is an investment in our future. “We are committed to working with our communities to break the cycle of violence and other crime; to helping our youth see and find a better way; and to listening and learning from these young voices – who, it is our hope, will become our next community leaders,” said U.S. Attorney Hartunian.
Press AdvisoryRead the Press Release
LEADership Project Wrap-Up News Conference
Tuesday, June 14 at 2 p.m.
Giffen Memorial Elementary School
274 South Pearl Street, AlbanyALBANY, NEW YORK – United States Attorney Richard S. Hartunian will host a wrap-up news conference on the LEADership Project tomorrow at the Giffen Memorial Elementary School, part of the Albany City School District. U.S. Attorney Hartunian will be joined by the superintendents of the four Capital Region public school districts whose classes were visited as part of the project. The fifth-grade class that U.S. Attorney Hartunian taught will also be present.
Officials from federal, state and local law enforcement agencies, who served as volunteer instructors for the project, will also be in attendance. This year, 29 agencies contributed volunteers. They visited nearly every public school fifth-grade class in the school districts of Albany, Schenectady, Troy and Lansingburgh.
U.S. Attorney Hartunian and others will be available for interviews after the event.
Please contact Marilyn Morey if you plan to attend.
Florida Man Pleads Guilty to Multi-Million Dollar Investment Fraud ConspiracyRead the Press Release
SYRACUSE, NEW YORK –Bruce Kane, 61, of Fort Lauderdale, Florida, an accountant and former resident of Ithaca, New York, pled guilty today in Federal Court in Syracuse, New York, to an indictment charging him with conspiracy to commit wire fraud, announced United States Attorney Richard S. Hartunian and FBI Special Agent In Charge Andrew W. Vale. Kane faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, an order of restitution in the amount of over $10 million and a forfeiture money judgment of over $10 million. Sentencing is scheduled for October 7, 2016 in Binghamton, New York.
Kane is a certified public accountant who was the managing partner for Global Financial Fund 8, LLP, a company that solicited and received over $10 million from investors located throughout the United States, including residents of the Northern District of New York. As part of his guilty plea, Kane admitted that he misappropriated approximately $1.5 million of the investors $10 million for his own personal use and enjoyment. Kane admitted to using investor funds to buy a $59,000 boat, using more than $280,000 for his own credit card payments, and to using the funds to rent a waterfront condominium in Florida. In an effort to avoid detection and allow him to continue to divert money for his own use, Kane helped orchestrate the payment of phony “profit” distributions to investors in 2004 and 2005, which were merely a partial return of their principal investment. Further, from 2004 to 2013 Kane repeatedly assured the investors via e-mail that their investments were secure when he knew that was not the case.
Kane is the second defendant to plead guilty in this case. On February 19, 2016, Burton Greenberg, who previously pled guilty to these charges on November 9, 2015, in Federal Court in Fort Lauderdale Florida, was sentenced to 97 months imprisonment, ordered to pay restitution in the amount of over $10 million and ordered to pay a forfeiture money judgment of over $10 million.
The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Geoffrey Brown.
Watertown Man Sentenced for Possessing Synthetic DrugsRead the Press Release
SYRACUSE, NEW YORK – Lakendrick Cobey, 40, of Watertown, New York, was sentenced to serve fifty (50) months in prison followed by a three (3) year term of supervised release in connection with his possession with intent to distribute ethylone, a synthetic drug similar to ecstasy, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations (HSI) Special Agent in Charge James C. Spero.
Special Agents of the U.S. Department of Homeland Security Investigations (HSI) executed a federal search warrant at Cobey’s residence in Watertown, New York on April 28, 2015, during which they recovered $978.00 in drug proceeds, an electric money counter, two mobile telephones and drug paraphernalia. Lakendrick Cobey pled guilty on December 14, 2015 to possessing with intent to distribute approximately two (2) pounds of the synthetic drug that he ordered from Chinese suppliers.
As part of his plea of guilty, Lakendrick Cobey admitted that he ordered two shipments of synthetic drugs from China that were seized by U.S. Customs officials when they entered the United States. The seizure of these drugs led to the issuance and execution of a federal court search warrant and the arrest of the defendant. At the time of his arrest, Lakendrick Cobey was serving a sentence of probation in connection with his previous conviction for a New York State felony drug offense.
This case was investigated by the United States Department of Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorney Richard R. Southwick.
Syracuse Man Sentenced for Social Security FraudRead the Press Release
SYRACUSE, NEW YORK - Blair Taylor, 51, of Syracuse, New York, was sentenced yesterday in United States District Court to one year in prison and three years of supervised release, after having previously pled guilty to defrauding the Social Security Administration ("SSA") of more than $87,000 over a period of several years, announced United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent in Charge, Social Security Administration, Office of Inspector General.
Taylor was charged in a three-count indictment with theft of government money, making a false statement in an application for Social Security Disability Insurance Benefits ("DIB"), and concealing from the Social Security Administration ("SSA") years of employment income he earned while receiving DIB payments.
Taylor admitted that he applied for DIB in April 2006, claiming that he was totally disabled. Between April 2006 and January 2015, SSA paid Taylor approximately $87,138.90 as a result of his disability claim. While he was receiving these payments on a monthly basis, Taylor also earned income from various jobs using a different Social Security number than the one under which he and his dependent children were receiving Social Security benefits. Taylor concealed from SSA his employment and employment income under the second Social Security number, which would have affected his eligibility for benefits. In September 2010, Taylor attempted to obtain additional Social Security benefits to which he was not entitled by filing a disability claim under the second Social Security number. In his September 2010 application, Taylor falsely reported that he had never previously applied for benefits from SSA.
As part of his sentence, Taylor was ordered to make restitution payments to the Social Security Administration, in addition to serving his one-year term of imprisonment.
This case was investigated by the Social Security Administration, Office of Inspector General, and it was prosecuted by Assistant United States Attorney Michael F. Perry.
Schenectady Man Sentenced to 15 Months for Dealing Firearms Without a LicenseRead the Press Release
ALBANY, NEW YORK – Sharma Sukdeo, age 21, of Schenectady, New York, was sentenced today to serve 15 months in prison for dealing firearms without a license.
The announcement was made by United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Federal Bureau of Investigation, Albany Division.
Senior United States District Judge Lawrence E. Kahn also imposed a $3,000 fine and a 2-year term of supervised release, to begin after Sukdeo’s release from prison.
Sukdeo was indicted on March 18, 2015 on one count of dealing firearms without a license and pled guilty on December 30. According to the plea agreement, between September 18, 2014 and October 19, 2014, Sukdeo sold three firearms and ammunition to a person working with the Federal Bureau of Investigation: (1) a Glock Model 23 .40-caliber pistol and 13 bullets; (2) a Star Firestar Plus 9mm pistol; and (3) a Cobra Model FS .380-caliber handgun. Each sale was completed at a convenience store in Schenectady. As part of his plea agreement, Sukdeo admitted that he sold these firearms for profit and that he made the sales despite not being licensed to do so by the federal government or any state.
This case was investigated by the Federal Bureau of Investigation and the Capital District Safe Streets Task Force, and was prosecuted by Assistant U.S. Attorneys Sean O’Dowd and Kofi Sansculotte.
Saratoga Springs Man Indicted for Distributing Heroin that Resulted in DeathRead the Press Release
ALBANY, NEW YORK – Matthew P. Charo, age 34, of Saratoga Springs, New York, was indicted today and accused of distributing heroin to a woman who died from taking it.
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.
Charo has been in jail since October 26, 2015, when he was arrested on a criminal complaint. According to that complaint, on the night of October 2, 2014, Charo provided heroin to a woman identified in the complaint as “K.S.,” who took the heroin and was found dead later that night at her home in Saratoga County; the cause of death was acute heroin intoxication.
U.S. Attorney Richard S. Hartunian stated: “Any dose of heroin can kill, and we have seen so many heroin overdose deaths in our communities. Heroin dealers are playing Russian roulette, not only with the lives of their customers, but also with their own fates. Since any dose can kill, any dose could send a heroin dealer to prison for many years.”
Special Agent in Charge Andrew W. Vale stated: “Heroin is death. Between 2002 and 2013, the rate of heroin-related deaths nearly quadrupled. This is an epidemic touching every segment of society, and the FBI remains dedicated to pursuing those who seek to poison our communities with drugs.”
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent until proven guilty.
If convicted of the offense of distributing heroin resulting in death, Charo faces at least 20 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Daniel Hanlon.
Press AdvisoryRead the Press Release
WASHINGTON, D.C. – United States Attorney Richard S. Hartunian is scheduled to testify tomorrow at the Senate Judiciary Committee’s hearing on synthetic controlled substances.
The title of the hearing is “Deadly Synthetic Drugs: The Need to Stay Ahead of Poison Peddlers.” Other witnesses include Drug Enforcement Administration Acting Administrator Chuck Rosenberg and Michael P. Botticelli, Director of the Office of National Drug Control Policy.
Tuesday, June 7, 2016
Start of Senate Judiciary Committee Hearing: 10 a.m.
Dirksen Senate Office Building 226
Washington, D.C.More information about the hearing is available here.
Anyone who wants a copy of U.S. Attorney Hartunian’s prepared testimony, following his testimony, should contact Assistant U.S. Attorney Michael Barnett at (518) 431-0247.
New Jersey Man Acquitted on Alien Transportation ChargeRead the Press Release
ALBANY, NEW YORK – A jury voted today to acquit Cumhur Aydin, age 45, on a charge of transporting an alien.
Aydin, of New Jersey, was indicted on January 6, 2016 on a single charge of transporting, in Franklin County, New York, an alien who had no right to be present in the United States.
The jury voted to acquit Aydin following a three-day trial in Albany before Senior U.S. District Judge Frederick J. Scullin, Jr.
Kingston Man Sentenced to 121 Months for Attempting to Entice a ChildRead the Press Release
ALBANY, NEW YORK – Daniel Jurow, age 37, of Kingston, New York, was sentenced today to serve 121 months in prison after being convicted of using the internet to try to entice a child to meet him for sex.
The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
United States District Judge Mae A. D’Agostino also imposed a lifetime term of supervised release, to begin after Jurow’s release from prison. Jurow’s conviction will also require him to register as a sex offender.
As a part of his guilty plea, Jurow admitted that on March 12, 2015, he travelled to Colonie, New York, where he had arranged to meet and have sex with a person he believed to be a 12-year-old girl. Instead, Jurow was arrested by law enforcement.
This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Solomon B. Shinerock and Elizabeth R. Rabe. The case was investigated 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/.
Sex Offender Sentenced to 21 Months for Failing to Register While Living in StephentownRead the Press Release
ALBANY, NEW YORK – Walter Boutwell, age 56, was sentenced today to serve 21 months in prison for failing to update his sex offender registration after moving to Stephentown, New York from Massachusetts.
The announcement was made by United States Attorney Richard S. Hartunian and United States Marshal David McNulty.
United States District Judge Mae A. D’Agostino also sentenced Boutwell to serve 5 years of supervised release, to begin after his release from prison.
Boutwell was designated a Level 3 Sex Offender – the highest level – by the Massachusetts Sex Offender Registry Board following his 1982 conviction for aggravated rape.
Federal law requires a sex offender to register where he or she resides, is employed, or is enrolled as a student, and to keep any registration current. Boutwell registered at an address in Pittsfield, Massachusetts on April 21, 2015. By June, 2015, Boutwell was living in Stephentown, New York and did not update his registration.
This case was investigated by the United States Marshals Service Sex Offender Investigation Branch, North East Region, and the United States Marshals New York/New Jersey Regional Fugitive Task Force. The case was prosecuted by Assistant United States Attorney Solomon B. Shinerock.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
North Country Uncle, Nephew Indicted for False Statements Made in Firearms PurchaseRead the Press Release
PLATTSBURGH, NEW YORK – Donald J. Shappy, Jr., age 57, of Keeseville, NY, and Jonathon P. Shappy, age 27, of Schuyler Falls, NY, were arraigned today on an indictment alleging that Donald Shappy made false statements during the purchase of a firearm, and that Jonathon Shappy aided and abetted the statements.
The announcement was made by United States Attorney Richard S. Hartunian, Delano A. Reid, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division, and New York State Police Superintendent Joseph A. D’Amico.
The Shappys were arrested yesterday. Donald Shappy was released pending a detention hearing on June 7, 2016, while Jonathon Shappy was detained pending his detention hearing on the same date.
The indictment alleges that on March 7, 2016, Donald Shappy falsely certified that he was the true purchaser of a Henry Repeating Arms .22 caliber rifle when he knew that he was purchasing the firearm for Jonathon, who had been denied the ability to purchase the same rifle two days earlier. Jonathan Shappy is charged with aiding and abetting the false statements.
The charges in the indictment are merely accusations. The defendants are presumed innocent until proven guilty.
If convicted, each defendant 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. 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 ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
First Assistant U.S. Attorney Grant C. Jaquith Awarded Top DOJ HonorRead the Press Release
ALBANY, NEW YORK – First Assistant U.S. Attorney Grant C. Jaquith received the Department of Justice Director’s Award for Executive Achievement yesterday at the annual Director’s Awards ceremony in Washington, D.C.
Mr. Jaquith was recognized for his work as a prosecutor and supervisor during his 27-year career at the U.S. Attorney’s Office for the Northern District of New York. Mr. Jaquith, who has served as the First Assistant U.S. Attorney since 2010, oversees all aspects of the operation of the U.S. Attorney’s Office. He also represents the Office in its relations with federal, tribal, state, local and Canadian law enforcement agencies.
Mr. Jaquith received his award from Deputy Attorney General Sally Yates and Monty Wilkinson, Director of the Executive Office for U.S. Attorneys, during a ceremony in the Great Hall of the Department of Justice building. He was one of only two people to receive the Executive Achievement Award, and among 160 Director’s Award recipients from U.S. Attorney’s Offices across the country.
In her prepared remarks, Deputy Attorney General Yates told the awardees yesterday: “The achievements being recognized today reflect the breadth of the department’s responsibilities, and some of our most significant challenges. From dismantling dangerous gangs, drug cartels and human trafficking operations to tackling political corruption, white collar crimes, and international terrorism, these awardees have taken on our toughest cases. And the citizens of our country are safer because of their work.”
U.S. Attorney Richard S. Hartunian, who attended the Director’s Awards ceremony with First Assistant Jaquith and his family, stated after the event: “Grant is the epitome of the ideal Department of Justice executive who does his work in an exceptionally outstanding matter, never seeking credit and always considering the best interests of the Office and the Department. Not only is he relentless in his pursuit of justice, but he consistently supports everyone in the Office with his unwavering good cheer and encouragement. His is a career of consistent and continuing excellence, and he is an example to us all at the U.S. Attorney’s Office. I am very pleased that his work has been recognized.”
First Assistant Jaquith joined the U.S. Attorney’s Office in August 1989 and has held the positions of Narcotics Chief, Organized Crime Drug Enforcement Task Forces (OCDETF) Coordinator, Criminal Chief and now First Assistant U.S. Attorney. In addition to overseeing the U.S. Attorney’s Office, First Assistant Jaquith also continues to prosecute complex criminal cases. This year, for instance, First Assistant Jaquith obtained perjury convictions against two people in the ongoing investigation into a May 2013 arson in Schenectady, New York, which caused the deaths of four people including three young children, and seriously injured another child.
The annual Director’s Award Ceremony recognizes excellent work at U.S. Attorney’s Offices across the country. In 2014, four Assistant U.S. Attorneys from the Northern District of New York were recognized for prosecuting a complex financial fraud based in Albany and violent, drug-dealing gang members in Syracuse.
Nine Defendants Charged with Social Security FraudRead the Press Release
SYRACUSE, NEW YORK – Indictments charging eight defendants from the Syracuse area and one defendant from St. Lawrence County were unsealed today in federal court. The indictments charge each defendant with fraud against the Social Security Administration, announced United States Attorney Richard S. Hartunian and Social Security Administration, Office of Inspector General, NY Field Division Special Agent-in-Charge Edward J. Ryan. Seven of the defendants were arrested today and appeared before the Hon. David E. Peebles, United States Magistrate Judge. St. Lawrence County resident Pauline House will make her court appearance pursuant to a summons on June 15, 2016. Defendant Janysha Richardson’s court date is not yet scheduled. Each of the nine defendants, identified below, is charged with one count of fraud on the Social Security Administration, in violation of 42 U.S.C. § 408(a)(3).
DEFENDANT
Age
City
Antoine Jenkins
32
Syracuse
Janysha Richardson
25
Syracuse
Jikia Jones
31
Syracuse
Lakena Gamble
39
Syracuse
Lily Brown
58
Syracuse
Lori Caputo
47
Manlius
Monique Starkey
45
Syracuse
Pauline House
62
De Peyster
The indictments allege each defendant caused the Social Security Administration to record self-employment income that they had not actually earned. Such false claims of employment affect current and future payments made by the Social Security Administration.
If convicted, each defendant faces up to five years imprisonment, a fine of up to $250,000, court ordered restitution, and up to 3 years supervised release on the charges.
The case was investigated by the Social Security Administration Office of the Inspector General. The case is being prosecuted by Assistant U.S. United States Attorney Carl Eurenius.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
Jury Convicts Albany Man of Stealing Government PropertyRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict John E. Szumigata, age 69, of Albany, of theft of government property, for stealing Social Security benefits deposited into his deceased mother’s bank account.
The announcement was made by United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent-In-Charge of the Social Security Administration (SSA) Office of the Inspector General.
The jury reached a verdict after a two-day trial. Szumigata faces a maximum of 10 years of imprisonment and up to 3 years of post-imprisonment supervised release. He may also be ordered to pay restitution to the SSA. Senior United States District Judge Gary L. Sharpe is scheduled to sentence Szumigata on September 26, 2016. 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.
Szumigata’s mother died in October 1999, but Szumigata continued to withdraw more than $76,000 in Social Security benefits deposited in her account from the time of her death until September 2012. Szumigata used the Social Security benefits to write checks to himself, pay personal expenses, and transfer money to businesses that he owned.
This case was investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Two Sentenced for Grandparent Fraud SchemeRead the Press Release
PLATTSBURGH, NEW YORK –Naromie Joseph, 29, and Christie Joseph, 25, were sentenced on May 23, 2016 and May 10, 2016, respectively, in United States District Court for the Northern District of New York announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Acting Special Agent in Charge Michael Kennedy.
The defendants pled guilty to conspiracy to commit mail fraud as a result of their participation in a scheme to defraud elderly victims. The elderly victims were contacted by people who told them that their grandchildren and other relatives needed money for bail and other purposes. Believing their loved ones needed help, the elderly victims sent the money to various addresses in Plattsburgh that the defendants arranged to use for the scheme.
Naromie Joseph was sentenced to time served after spending approximately 13 months in custody awaiting the disposition of her case; 3 years of supervised release; and was ordered to pay $27,200.00 restitution to the victims. Christie Joseph was sentenced to 4 months of weekends in jail; 3 years of supervised release; and also ordered to pay restitution to the victims.
The United States Attorney’s Office and Homeland Security Investigations would like to remind the public of the following:
- Be suspicious of anyone who calls unexpectedly asking for cash.
- Verify any supposed emergency, by calling friends and family, before sending money.
- Develop a secret code or "password" with family members that can be used to verify a true emergency.
- Resist the pressure to act quickly
- Try to contact another family member to determine whether or not the call is legitimate.
- Never wire money based on a request made over the phone or in an e-mail…especially overseas. Wiring money is like giving cash—once you send it, you can’t get it back.
If you think you’ve been victimized, contact Homeland Security Investigations at 1-866-DHS- 2ICE or at ice.gov/tips or contact local authorities or the state consumer protection agency.
Assistant U.S. Attorney Katherine Kopita prosecuted the case. The Plattsburgh Police Department originated the investigation and partnered with Homeland Security Investigations throughout. The United States Postal Service, Clinton County Sheriff’s Office, the Canada Border Services Agency and the Royal Canadian Mounted Police Project COLT also participated.
Syracuse Woman Charged with Additional Child Exploitation OffensesRead the Press Release
SYRACUSE, NEW YORK – Emily Oberst, 23, of Syracuse was charged yesterday with additional crimes relating to the sexual exploitation of minors, announced United States Attorney Richard S. Hartunian and FBI Resident Agent in Charge Andrew Vale of the FBI Albany Division. The 19 count superseding indictment returned yesterday replaces the March 2016 indictment and adds ten additional charges: Counts 2,3,4,5,6,8, and 9 allege additional conduct involving the sexual exploitation of a minor, and Counts 13, 14, and 15 allege additional conduct involving the distribution of child pornography. The superseding indictment alleges no new victims from the previous indictment.
As alleged in a previously filed criminal complaint, the investigation began on March 4, 2016 when a Task Force Officer assigned to the Washington, D.C. Metropolitan Police Department- Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), acting in an undercover capacity, began texting with Oberst’s co-defendant Jason Kopp, who told the undercover officer that he had pictures of a female infant that had been sent to him by a woman acquaintance and distributed images of the infant to the officer. That woman is alleged to be Oberst. As a result of the ensuing investigation led by the FBI and New York State Police, Emily Oberst and Jason Kopp were arrested in March of 2016.
If convicted, Oberst faces a mandatory minimum sentence of fifteen (15) years and a maximum sentence of thirty (30) years for each of the counts charging Conspiracy to Sexually Exploit Children (count 1) and Sexual Exploitation of a Child (counts 2 - 12). She also faces a mandatory minimum sentence of five (5) years, and a maximum of twenty (20) years on each count charging her with Distribution of Child Pornography (counts 13 - 19). Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. The Court may also impose a fine of up to $250,000 per count, and must impose a term of supervised release of between five (5) years and life. If convicted, Oberst will also be required to register as a sex offender.
The charges are merely accusations and Oberst is presumed innocent. Her trial is currently scheduled for August 8, 2016.
Jason Kopp is not named in the superseding indictment because he pled guilty earlier this month to all twenty-two counts in the original indictment. His sentencing is scheduled for September 14, 2016 before Hon. Glenn T. Suddaby in United States District Court.
This case is being investigated by the Albany Division of the FBI (Syracuse Resident Agency), the New York State Police and the Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), and is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Robert Levine.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Convicted Felon Indicted for Illegally Possessing AmmunitionRead the Press Release
SYRACUSE, NEW YORK – Hanza Muhammad, 25, of North Syracuse, NY was indicted for being a convicted felon in possession of ammunition, announced United States Attorney Richard S. Hartunian.
The indictment alleges that on March 26, 2016, Mr. Muhammad, a previously convicted felon, was in possession of twenty-five rounds of .32 caliber pistol ammunition. The charge carries a maximum sentence of 10 years in prison, a fine of up to $250,000 and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Mr. Muhammad appeared in court on May 23, 2016 in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks, subsequent to his arrest. Following a hearing, the defendant was ordered detained without bail pending a trial scheduled for July 18, 2016.
This case is being investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.
Oneida County Woman Indicted for Theft of Deceased Mother’s VA BenefitsRead the Press Release
SYRACUSE, NEW YORK – Michelle Gulla, 53, of Marcy, New York, appeared in court today in Syracuse, New York, on an indictment alleging she stole approximately $17,863 of Veterans Administration compensation benefits paid to her deceased mother, announced United States Attorney Richard S. Hartunian.
Gulla appeared pursuant to a summons and was ordered released pending a trial scheduled for July 18, 2016.
The charge filed against Gulla, a violation of Title 18, United States Code, Section 641, Theft of Public Money, carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, and is being prosecuted by Assistant U.S. Attorney Carl G. Eurenius.
Liverpool Man Pleads Guilty to Child Exploitation ChargesRead the Press Release
SYRACUSE, NEW YORK – Jason Kopp, 40, of Liverpool, New York pled guilty today to all twenty-two counts of an indictment charging him with the exploitation of children as well as the possession and distribution of child pornography, announced United States Attorney Richard S. Hartunian and FBI Resident Agent in Charge Andrew Vale of the FBI Albany Division.
"The sexual abuse of infants and toddlers is conduct at the deepest depths of depravity, and the production of child pornography perpetuates the victimization. Today’s guilty plea highlights the FBI's sustained success identifying and arresting such child sexual predators. We will seek a sentence commensurate with the gravity of these crimes," said U.S. Attorney Hartunian.
"The FBI stands determined with our law enforcement partners to stem the tide of child exploitation," said Special Agent in Charge Andrew W. Vale. "Predators like Mr. Kopp victimize the most innocent among us and he will be held accountable for his heinous and unspeakable crimes."
The investigation began on March 4, 2016 when a Task Force Officer assigned to the Washington, D.C. Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), acting in an undercover capacity, began texting with Jason Kopp, who was using a screen name of "daymein39" and who also displayed the initials "JK." In texts between the two, Jason Kopp told the undercover officer that he had pictures of a female infant that had been sent to him by a woman acquaintance and distributed images of the infant to the officer. FBI Special Agents, assisted by the New York State Police, arrested Jason Kopp in Liverpool, New York on March 18, 2016.
As part of his guilty plea today Jason Kopp admitted that he and another person conspired to sexually exploit the infant for the purpose of producing visual depictions of the abuse. Kopp also admitted to ten separate events in which he exploited children for the purpose of producing images and videos of the abuse. In addition to the exploitation of the infant, Kopp’s offenses included the exploitation of a male toddler-aged child. He also pled guilty to nine separate counts of distributing the images he and another person produced, and to two counts of possessing child pornography he had downloaded from the Internet.
Sentencing is scheduled for September 14, 2016. For his convictions for Conspiracy to Sexually Exploit a Child (count 1) and Exploitation of a Child (counts 2,3,6,7,8,9,10,11,12, and 13) Kopp faces a mandatory minimum sentence of fifteen (15) years and a maximum sentence of thirty (30) years on each count. For his convictions for Distribution of Child Pornography (counts 14,15,16,17,18,19,20,21and 22) he faces a mandatory minimum sentence of five (5) years, and a maximum of 20 years on each count, and for his convictions for Possession of Child Pornography (counts 27 and 28), he faces a maximum sentence of twenty (20) years imprisonment. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. The Court may also impose a fine of up to $250,000 per count, and must impose a term of supervised release of between five (5) years and life. Kopp will also be required to register as a sex offender.
This case is being investigated by the Albany Division of the FBI (Syracuse Resident Agency), the New York State Police and the Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), and is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Robert Levine.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Convicted Felon Sentenced for Possessing AmmunitionRead the Press Release
SYRACUSE, NEW YORK – Kawon D. Chavis, 33, of Syracuse, New York was sentenced today to serve thirty (30) months imprisonment followed by three (3) years of supervised release for his possession of ammunition as a convicted felon, announced United States Attorney Richard S. Hartunian.
Chavis was arrested by Syracuse Police on August 22, 2015, for possession of a small amount of heroin. Also located in his clothing were five live rounds of .38 caliber ammunition. Federal and state prosecutors reviewed the case as part of ongoing cooperative efforts to combat firearms violence and determined that the defendant should be prosecuted in United State District Court. Chavis, who had previously been convicted of two prior felony level firearms possession offenses, was arrested and charged federally on September 8, 2015.
This case was investigated by The United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Syracuse Police Department (SPD) and is being prosecuted by Assistant U.S. Attorney Richard Southwick with assistance provided by the Onondaga County District Attorney’s Office.
Syracuse Man Pleads Guilty to Failing to Register as A Sex OffenderRead the Press Release
SYRACUSE, NEW YORK –Carl Switala, 34, of Syracuse, New York, pled guilty yesterday to failing to register as a sex offender, announced United States Attorney Richard S. Hartunian.
Switala was charged with violating the Sex Offender Registration and Notification Act ("SORNA"), 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.
As a result of his conviction, Switala now faces a maximum sentence of 10 years imprisonment, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. Sentencing is scheduled for September 15, 2016 before U.S. District Judge David N. Hurd.
This case was investigated by the United States Marshal Service Sex Offender Investigation Branch and is being prosecuted by Assistant U.S. Attorney Robert S. 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/.
New Hartford Businessman Pleads Guilty to Filing False Tax ReturnsRead the Press Release
SYRACUSE, NEW YORK – Dino Tucciarone, 57, of New Hartford, New York, pled guilty today to filing a false federal income tax return, announced United States Attorney Richard S. Hartunian.
As part of his guilty plea, Tucciarone admitted that he owned and operated Disaster Services, Inc. in New Hartford, New York and earned substantial income over and above what he reported on his personal federal income tax returns. The defendant admitted that he made material misrepresentations in his tax returns by substantially under reporting his income and tax liability for the years 2007, 2008 and 2009. The unreported income resulted in additional tax due and owing to the IRS totaling more than $250,000.00.
At sentencing, Tucciarone faces a maximum sentence of 3 years in prison, a fine of up to $250,000, and a term of supervised release of at least 1 year. As part of his guilty plea, Tucciarone also agreed to pay restitution to the Internal Revenue Service for all back taxes due for tax years 2007 through 2009 as well as payment of all accrued penalties and interest. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for September 15, 2016.
This prosecution resulted from an investigation conducted by the Internal Revenue Service Criminal Investigation Division, Syracuse, New York. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds.
South Glens Falls Woman Pleads Guilty to Social Security FraudRead the Press Release
ALBANY, NEW YORK – Roberta L. Rivers, age 57, of South Glens Falls, New York pled guilty today to stealing $112,000 in benefits from the Social Security Administration (SSA).
The announcement was made by United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent-In-Charge of the SSA Office of the Inspector General.
During her plea today before Senior United States District Judge Gary L. Sharpe, Rivers admitted to concealing and failing to disclose that she was married and resided with her husband from July 2002 through November 2013 while she collected Supplemental Security Income (SSI) and Social Security Survivors Insurance Benefits (SIB). She also admitted that she did not report the marriage because she knew it would make her ineligible to receive benefits. As a result of her failure to disclose her marriage and the fact that she was living with her husband, she received $83,274 in SSI and $28,798 in SIB which she was not entitled to receive.
Rivers faces up to ten years of imprisonment, a $250,000 fine, and a term of post-imprisonment supervised release of up to three years when she is sentenced on September 12, 2016 by Senior United States 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 is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Amsterdam Man Pleads Guilty to Trafficking CocaineRead the Press Release
ALBANY, NEW YORK – Matthew Clark, age 32, of Amsterdam, New York pled guilty on May 17, 2016 to conspiracy to possess with the intent to distribute more than 500 grams of cocaine, announced United States Attorney Richard S. Hartunian.
Senior U.S. District Judge Gary L. Sharpe is scheduled to sentence Clark on September 12, 2016. Clark faces at least five years in prison and up to 40 years in prison, a fine of up to $5 million, and at least five years and up to a life term of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
During the plea hearing, Clark admitted that he recruited at least one other person to accept packages of cocaine mailed from Puerto Rico to the Capital Region which he collected for redistribution. On October 2, 2014, federal law enforcement officers watched a letter carrier deliver a package to a house in Amsterdam. After the package was delivered, Clark walked up to the porch, picked up the package, and placed it under his sweatshirt. When an Amsterdam police officer arrived, Clark threw the package into the brush on the side of the street. The package contained 571 grams of cocaine inside a DVD player.
This case was investigated by the U.S. Postal Inspection Service, Homeland Security Investigations, the Drug Enforcement Administration, and the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Washington County Man Indicted for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Tristan Shaw, age 31, of Granville, New York, was indicted on May 11 for receiving and possessing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations.
If convicted of all charges, Shaw 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. 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.
Shaw was arraigned today in Albany before United States Magistrate Judge Daniel J. Stewart, and released under pretrial supervision conditions pending a trial scheduled for July 18, 2016 before Senior United States District Judge Gary L. Sharpe.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Syracuse Man Indicted for Two Bank RobberiesRead the Press Release
SYRACUSE, NEW YORK – James Chisholm, 26, of Syracuse, New York was indicted on two counts of bank robbery, 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.
The indictment alleges that on March 12, 2016 and again on March 16, 2016, Chisholm robbed the Chase Bank branch office at 801 James Street in Syracuse, stealing a total of over $3,000 in the two robberies. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Each charge against Chisholm carries a maximum sentence of 20 years in prison, a fine of up to $250,000 and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Chisholm was arrested on March 16, 2016 and is being held without bail pending trial.
This case is being investigated by the Syracuse Resident Agency of the Albany Division of the Federal Bureau of Investigation and the Syracuse Police Department and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.
Duell Pleads Guilty to PerjuryRead the Press Release
ALBANY, NEW YORK – Jennica Duell, age 28, of Schenectady, New York, pled guilty today to three counts of making false declarations before a federal grand jury, announced United States Attorney Richard S. Hartunian and Delano A. Reid, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives New York Field Division. Sentencing is scheduled for September 12, 2016 at 9:00 a.m. in Albany, New York before Senior United States District Court Judge Gary L. Sharpe.
As part of her 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 occurred on May 1-2, 2013, and then, on January 31, 2014, gave irreconcilably contradictory testimony about those events. The events included declarations about Duell and others traveling from Saratoga Springs to 438 Hulett Street, Duell and others getting gasoline, and how the fire at 438 Hulett Street was started, and by whom.
Duell admitted that:
- On May 24, 2013, Duell’s testimony about the events of May 2, 2013 included the following: Sometime after 3:00 a.m., she and three men traveled from Saratoga Springs to Schenectady so one of the men could confront David Terry so Duell and the man could be together. They stopped at a gas station and filled up a gas can. Then they went to the house at 438 Hulett Street, where the man 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 the man 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 setting the fire, the man said to Duell, "do you want to be free?" Duell said "yes."
- On June 4, 2013, the man was charged by criminal complaint with the arson destruction of the building at 438 Hulett Street, based upon sworn statements by unnamed witnesses reflecting their personal knowledge that he and three others went from Saratoga Springs to Hulett Street, stopping to get gasoline. When they arrived, the man poured gasoline into a clear bottle, walked to the building at 438 Hulett Street, distributed gasoline around, and lit the fire.
- On January 31, 2014, Duell testified that her prior testimony regarding what happened on May 1-2, 2013 was untrue. On February 7, 2014, the criminal complaint charging the man was dismissed without prejudice.
Duell faces a maximum sentence of imprisonment of five years and a $250,000 fine on each count, for a total term of imprisonment of fifteen years, and total fine of $750,000, and a term of supervised release of up to three years.
United States Attorney Richard S. Hartunian said: "Perjury is a serious affront to the integrity of our criminal justice system. It was important to resolve these charges, but we remain completely committed to securing justice for the victims of the arson homicide and their families."
The charges resulted from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.
Further questions or inquiries may be directed to First Assistant U.S. Attorney Jaquith at 518-431-0247.
The ATF is offering a reward of up to $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 should call the ATF Albany Field Office at 518-431-4182, or email [email protected].
Guatemalan Man Sentenced to 24 Months for Illegally Re-entering the United StatesRead the Press Release
ALBANY, NEW YORK – William Heriberto Reyes-Morales, age 43, was sentenced today to serve 24 months in prison for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Michael T. Phillips, Buffalo Field Office Director of Enforcement & Removal Operations for U.S. Immigration and Customs Enforcement (ICE).
Reyes-Morales, a Guatemalan citizen living in Amsterdam, New York, pled guilty in January 2016 to illegally re-entering the United States after having been previously deported.
In July 2015, ICE officers encountered Reyes-Morales at the Montgomery County Jail, where he was being held for a violation of state law. A check of Reyes-Morales’s record indicated that he had been deported from the United States to Guatemala four times, the most recent being in July 2012, after being convicted of possession with intent to distribute marijuana in the United States District Court for the District of Arizona. Reyes-Morales was also deported to Guatemala in 2004, 2007 and 2008.
This case was investigated by Immigration and Customs Enforcement, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Cohoes Man Charged with Child Pornography PossessionRead the Press Release
ALBANY, NEW YORK – George Muzio, Jr., age 34, of Cohoes, New York, was charged and arrested last week for possessing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations.
Muzio was charged with possession of child pornography by a criminal complaint filed on May 3, 2016. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
If convicted on the possession charge, Muzio faces a maximum term of imprisonment of 10 years, a mandatory term of supervised release of 5 years and up to life, mandatory registration as a sex offender, and a maximum $250,000 fine.
Muzio appeared yesterday for a detention hearing before United States Magistrate Judge Daniel J. Stewart. Judge Stewart released Muzio to home confinement, with limited exceptions including for court appearances and work. Muzio must also wear an electronic location monitor.
This case is being investigated by Homeland Security Investigations 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/.
Alien Who Returned to USA Sentenced to PrisonRead the Press Release
SYRACUSE, NEW YORK - Jorge Lopez-Castaneda, 61, of Mariel, Pinar del Rio, Cuba, was sentenced yesterday to serve forty-eight months imprisonment for illegally reentering the United States, announced United States Attorney Richard S. Hartunian. Lopez-Castaneda was sentenced by Senior United States District Judge Thomas J. McAvoy in Albany, New York.
Lopez-Castaneda is a citizen of Cuba who was convicted of Arson in the First Degree in Florida in 1996. Sometime thereafter, he voluntarily left the country. In 2013 he was denied admission to the USA when he tried to cross the border from Mexico. In 2015, he was arrested in Cortland, New York, with no record of having legally entered the country or having applied to do so.
This case was investigated by the United States Department of Homeland Security, Immigration and Customs Enforcement, and was prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.
Endicott Man Indicted for Receiving and Possessing Child PornographyRead the Press Release
BINGHAMTON, NEW YORK – On May 4, 2016, a federal grand jury issued an indictment charging Brandon Kie, 30, of Endicott, New York, of receiving and possessing child pornography on a computer, announced 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.
Kie made his initial appearance in federal court on Friday, May 6, 2016, in Binghamton, New York, before United States Magistrate Judge Thérèse Wiley Dancks. He was ordered held in custody pending a detention hearing scheduled for May 11, 2016.
Kie faces a minimum sentence of 5 years and up to 20 years in prison, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life and mandatory registration as a sex offender. 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 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.
Bank Robber Sentenced to 135 Months in PrisonRead the Press Release
ALBANY, NEW YORK – Calvin Stephon Moore, age 50, of Utica, New York, was sentenced today to serve 135 months in prison for three bank robberies he committed in 2014.
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.
Senior U.S. District Judge Thomas J. McAvoy also sentenced Moore to serve 3 years of post-imprisonment supervised release, and to pay $7,953 in restitution to his victims.
Moore pled guilty in October 2015 to committing bank robberies in Schenectady, Utica and Columbia, South Carolina.
On November 17, 2014, Moore and another man robbed a KeyBank branch in Schenectady. During the robbery, Moore told a teller, “this is a hold up give me money.” The two robbers fled the bank with $5,035. Schenectady Police found and arrested Moore’s accomplice near the bank; the accomplice had a backpack containing the stolen money and a copy of Moore’s birth certificate.
The following day, Moore robbed an Adirondack Bank branch in Utica. He handed the teller a demand note, which stated: “THIS IS A ROBBERY. I HAVE A GUN AND WILL SHOOT IF YOU TRY ANYTHING. PUT ALL THE LOOSE BILLS (EVERY DENOMINATION) IN THE BAG … NO DYE PACK OR TRACERS OR I WILL SHOOT!” Moore fled the bank with $1,647.
Moore then traveled to South Carolina.
On December 30, 2014, Moore entered a First Citizens Bank branch in Columbia. He approached a teller and presented a note in which he demanded money. He also told the teller he had a gun. Moore fled the bank with $1,271, into which a teller had placed an exploding dye pack.
Moore was arrested on the night of December 30 by officers from the Cayce, South Carolina, Police Department, who responded to a report of a person at a motel tossing a suspicious item over a fence and into a parking lot. The item was a bank dye pack.
The investigation into the Schenectady and Utica robberies was conducted by the FBI, and the Schenectady and Utica Police Departments.
The investigation into the Columbia, South Carolina robbery was conducted by the Columbia Division of the FBI, and the Columbia and Cayce Police Departments.
The Newark Division of the FBI also assisted in this investigation.
This case was prosecuted by Assistant United States Attorney Michael Barnett of the Northern District of New York, and by Assistant United States Attorney Benjamin N. Garner of the District of South Carolina.
Syracuse Man Charged with Federal Firearms ViolationRead the Press Release
SYRACUSE, NEW YORK – Ricardo Davis, 28, of Syracuse, New York, was charged in an indictment filed yesterday for possessing a firearm as a convicted felon, announced United States Attorney Richard S. Hartunian. Davis has been charged as an Armed Career Criminal because the indictment alleges he has three or more previous convictions for serious drug offenses.
The charge filed against Davis carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life imprisonment; a fine of up to $250,000; and a term of 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.
Davis appeared today in U.S. District Court in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks and was ordered detained without bail pending further proceedings in the case.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur with assistance from the Onondaga County District Attorney’s Office.
Australian Man Sentenced to 78 Months for Distributing and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Matthew Hynd, age 40, of Mundah, Queensland, Australia, was sentenced today to serve 78 months in prison for distributing and possessing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
In 2010, while Hynd was living and working in Albany, FBI Agents executed a search warrant on his home, after Hynd distributed child pornography images over the Internet. Agents found hundreds of images of child pornography on Hynd’s computers. Hynd then fled the United States and returned to his native Australia.
Hynd was indicted in 2012 and extradited from Australia in August 2015. In December 2015, he pled guilty to one count of distribution of child pornography and two counts of possession of child pornography.
U.S. District Judge Mae A. D’Agostino also sentenced Hynd to serve a lifetime term of post-imprisonment supervised release, to forfeit several electronic devices on which child pornography was found, and to pay $1,000 in restitution to a child pornography victim.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Katherine Kopita.
United States Attorney’s Office Conducts Onsite Review of Various Polling Locations on Primary Day to Ensure Access by Disabled AmericansRead the Press Release
ALBANY, NEW YORK – United States Attorney Richard S. Hartunian announced today that his office’s Civil Division conducted a review of polling locations in Albany and Onondaga Counties to determine whether the polling places comply with the Americans with Disabilities Act of 1990 (ADA).
"The right to vote is one of the most valuable rights protected by our Constitution, but that right is meaningless if there are physical barriers that prevent people from casting their ballot," said U.S. Attorney Hartunian. "Protecting the rights of persons with disabilities is a major focus of my office’s civil rights work, and my office will continue to vigorously ensure compliance with the ADA in the Northern District of New York."
The U.S. Attorney’s Office selected locations for review to ensure that they are accessible to the large numbers of residents who are expected to vote at these polling locations during the Presidential primary election. In a study following the previous Presidential election, the Government Accountability Office found that only 27% of polling places had no potential impediments to access by people with disabilities, meaning 73% of polling locations contained architectural barriers to voting. This initiative is being conducted in accordance with the Department of Justice’s statutory responsibility to review compliance with federal law and not in response to any specific complaint against any of the polling locations.
Federal law prohibits discrimination on the basis of disability by the owners and operators of places of public accommodation, including polling locations, and protects the right to participate in state and local government programs and services. The U.S. Attorney’s Office periodically undertakes ADA compliance reviews to ensure equal access for people with disabilities.
As part of its ADA compliance review, attorneys, architects, and staff from the U.S. Attorney’s Office and the Department of Justice surveyed 35 polling places in Albany and Onondaga Counties. If these site visits revealed that a particular polling location is not in compliance with the ADA, the U.S. Attorney’s Office will notify the appropriate state and local official of the violation and will provide a timeframe to correct the issue(s). The goal is to ensure that all polling locations are fully compliant in time for the Presidential election on Nov. 8, 2016.
The U.S. Attorney’s Office encourages affected citizens to report ADA violations at polling locations. Complaints concerning locations in the Northern District of New York may be submitted via the U.S. Attorney’s Office’s Civil Rights Hotline at (518) 618-1619 or by completing the U.S. Attorney’s written civil rights complaint form, which may be found at www.justice.gov/usao-ndny/contact-us/Civil%20Rights.
Utica Woman to Serve Prison Term in Marriage Fraud CaseRead the Press Release
SYRACUSE, NEW YORK – Zubeda Kalume, 42, of Utica was sentenced yesterday to serve 14 months imprisonment and a 3 year term of supervised release, and to pay a $100 special assessment, following her conviction after trial for entering into a fraudulent marriage for the purpose of allowing a Gambian man to unlawfully remain in the United States, announced United States Attorney Richard S. Hartunian and Brian Devine, Resident Agent in Charge, Homeland Security Investigations, Syracuse Office. Kalume is a naturalized U.S. citizen originally from the Congo who was found guilty after a 4-day jury trial in December 2015.
In sentencing Kalume, Chief United States District Court Judge Glenn T. Suddaby noted that while fraudulently holding herself out to federal immigration officials as lawfully married, she was simultaneously representing to other agencies that she was a single mother in her applications for food stamp benefits, Section 8 housing benefits, and day care benefits.
"As this sentence makes clear, America’s legal immigration system is not for sale. We are committed to fighting fraud and deceit for profit so immigration benefits are not drained away from those who deserve them," said United States Attorney Richard S. Hartunian.
"Marriage fraud is a federal crime and unfortunately one that is all too common," said Brian Devine, resident agent in charge for Homeland Security Investigations in Syracuse. "Schemes like this not only damage the integrity of America’s legal immigration system, but they could also be exploited by individuals who pose a significant risk to our nation's security. We applaud the U.S. Attorney's office for pursuing these violations vigorously and thank our federal partners at the U.S. Department of Agriculture for their instrumental efforts throughout the course of this investigation."
The evidence at trial established that Kalume and Alieu Jaiteh, 32, a citizen of The Gambia, were married in Dewitt, New York in October 2009. Jaiteh, who had entered the country on an F-1 student visa, violated its terms and was in the United States illegally at the time of the marriage. Zubeda Kalume agreed to marry Jaiteh for $10,000 and later assisted him in getting temporary legal immigration status. Alieu Jaiteh, of Syracuse, New York, was himself convicted for conspiring from 2009 to 2012 to commit more than $1.7 million in federal food stamp fraud and was sentenced to 18 months in prison in April 2015.
These convictions are the culmination of a joint investigation conducted by Special Agents from Homeland Security Investigations (HSI) and the U.S. Department of Agriculture’s Office of the Inspector General. Assistance was also provided throughout the investigation by the Onondaga County Department of Social Services’ Welfare Fraud Unit, Oneida County Social Services, and the New York State Police. The case was prosecuted by Assistant U. S. Attorney Geoffrey Brown.
U.S. Attorney Hosts “Intensive Reentry Court Reunion”Read the Press Release
SYRACUSE, NEW YORK –United States Attorney Richard Hartunian today hosted Intensive Reentry Court Reunion: Recognizing our Partners, Celebrating our Successes, as part of the United States Department of Justice National Reentry Week. The event was held in the ceremonial courtroom at the Federal Courthouse in Syracuse, N.Y. Federal Judges, U.S. Probation Officers, the Federal Public Defenders Office, and organizations from around Central New York acknowledged the progress made over the past eight years by the program’s graduates, all former federal prisoners who have successfully returned to the community.
The Intensive Reentry Court (IRC) is a collaborative justice court for men and women recently released from prison who may pose a high risk of reoffending. Key components are reentry stakeholders – people in the community that help those transitioning from prison to society have a second chance by providing employment opportunities, treatment and counseling services, educational opportunities, legal services, housing and support and guidance.
The event today included a video, "Intensive Reentry Court: A Second Chance Begins" that captures the story and journey of several of the Syracuse Intensive Reentry Court participants and graduates. This powerful video takes the viewer through the participants’ life experiences before and after prison.
The U.S. Department of Justice designated April 24-30, 2016 as National Reentry Week and each of the 93 United States Attorney’s Office is holding reentry events. "Supporting successful reentry is an essential part of our mission to promote public safety" said Deputy Attorney General Sally Q. Yates. "If we can reduce recidivism by helping individuals return to productive, law-abiding lives, we will reduce crime across this country, make our prisons safer, and make our neighborhoods better places to live."
United States Attorney Richard S. Hartunian said: "The successful reentry of a defendant is crucial for the individual, the community, and public safety. Recidivism rates that are simply too high, reflecting a revolving door through the criminal justice system and back, must be reduced. The United States Attorney’s Office has been a proud partner in the Northern District of New York’s Intensive Reentry Court since its inception, long before the current initiative, and remains invested in the intensive work needed to help people turn their lives around and become productive and law-abiding. We honor the IRC graduates and those who have helped them seize their second chance."
The Northern District of New York began the first session of the Intensive Reentry Court ("IRC") in December 2008. The IRC in Syracuse is currently led by United States Magistrate Judge Andrew T. Baxter, with participation from United States Senior Probation Officer Liana Snyder and Probation Officer Joe Perez, Assistant Federal Public Defender Randi Bianco, and Assistant United States Attorney Tamara Thomson.
In 2010, the NDNY expanded the IRC program to include a second court in Albany, N.Y. The Syracuse IRC program has 8 current participants.
Man Sentenced for Alien Smuggling in North CountryRead the Press Release
ALBANY, NEW YORK – Wanxiang Chen, age 28, was sentenced on Tuesday to serve 8 months in prison as a result of his trial conviction for transporting aliens in the United States for the purpose of financial gain.
The announcement was made by United States Attorney Richard S. Hartunian and U.S. Border Patrol Chief Patrol Agent John C. Pfeifer.
Chen, a Chinese national who was residing in Flushing, New York, was convicted following a trial in March 2016 of transporting two Chinese citizens who were in the country illegally. On August 11, 2015, he picked them up from the Akwesasne Mohawk Casino in Hogansburg, New York, and was driving them to New York City when Border Patrol agents stopped his car in Fort Covington. The evidence at trial demonstrated that Chen had made three prior smuggling trips, transporting aliens from the casino to New York City in exchange for cash payments.
Chen has been incarcerated since his arrest on August 11, 2015, and since Chen himself was illegally in the United States, he will now be turned over to immigration authorities for possible removal proceedings.
This case was investigated by the United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.