Northern District of New York

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.

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.

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/.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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.

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, 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/.

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.

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.

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.

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, 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.

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].

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.

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/.

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.

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.

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, 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.

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.

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.

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.

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.

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.

SYRACUSE, NEW YORK – Hector Rueben Padin-Rivera, 39, was indicted yesterday for escaping from the Syracuse Pavilion Residential Re-entry Center on April 4, 2016, announced United States Attorney Richard S. Hartunian.

The indictment alleges that Padin-Rivera was in the Syracuse halfway house following a 2001 conviction for Attempted Distribution of Cocaine Base and a revocation of his supervised release in connection with that conviction. The indictment further alleges that on April 4, 2016, Padin- Rivera left the Syracuse halfway house without permission, and on April 8, 2016, he was arrested pursuant to a Criminal Complaint in Albany. He is currently being held without bail pending trial. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

The charge against Padin-Rivera carries a maximum sentence of 5 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.

This case is being investigated by the United States Marshals Service and is being prosecuted by Assistant U.S. Attorney Robert Levine.

SYRACUSE, NEW YORK – Jesus Alberto Medina-Montes, 24, was indicted yesterday for illegally reentering the United States without inspection after having been previously removed from the United States, announced United States Attorney Richard S. Hartunian.

The indictment charges Medina-Montes with illegal reentry of a removed alien and alleges that on April 7, 2016, Medina-Montes, an alien who was previously removed from the United States to Mexico on October 26, 2010, was found in Parish, New York. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

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

Medina-Montes was arrested on April 8, 2016 pursuant to a Criminal Complaint and is being detained without bail pending trial by order of the court.

This case is being investigated by the U.S. Department of Homeland Security, U.S. Customs & Border Protection and is being prosecuted by Assistant U.S. Attorney Robert Levine.

SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian and the United States District Court for the Northern District of New York will host, Intensive Reentry Court: Recognizing Our Partners, Celebrating Our Successes, tomorrow (Thursday April 28, 2016) at 11:00 am in the Ceremonial Courtroom of the Federal Courthouse in Syracuse.

The event is part of the United States Department of Justice Reentry Week (April 24-30, 2016). Successful graduates of the Intensive Reentry Court, all former federal prisoners, will be acknowledged as will community stakeholders who have helped them in their transition from prison to become contributing members of society. A short video, "Intensive Reentry Court: Where a Second Chance Begins," will be shared.

United States Attorney Richard S. Hartunian will be available for interviews following the conclusion of the event.

No further information will be provided prior to the event.

Thursday, April 28, 2016
11:00 AM to 12:30 PM
Federal Courthouse
100 S. Clinton Street
Syracuse, New York
Ceremonial Courtroom, 3rd Floor

SYRACUSE, NEW YORK – Jeffrey Kelley, 33, of Syracuse, New York, pled guilty today to fleeing the border inspection checkpoint at the Alexandria Bay Port of Entry in Jefferson County, New York, announced United States Attorney Richard S. Hartunian. Kelley also pled guilty to failing to allow his vehicle to be inspected at the border crossing. Sentencing is scheduled for August 25, 2016, in Syracuse New York before Senior United States District Court Judge Norman A. Mordue.

As part of his guilty plea today, Kelley admitted that on December 19, 2015, he approached the Alexandria Bay Port of Entry from the north driving a Jeep 4x4. At the Customs and Immigration inspection point, Kelley refused to lower the rear driver’s side window to allow inspection of the vehicle and did not provide proof of citizenship. Kelley also refused to turn off the engine and turn over his keys. As the Customs and Border Protection Officer turned to retrieve a "stop stick" to place under the car’s tire to prevent departure, Kelley sped away.

Kelley faces a maximum sentence of up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years for his conviction for Fleeing From An Immigration Checkpoint. He faces a maximum sentence of up to one year in prison and a fine of up to $100,000 for his conviction for Failing to Allow His Vehicle to be Inspected. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Kelley will remain in custody until he is sentenced.

This case was investigated by the United States Department of Homeland Security, Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.

UTICA, NEW YORK – A federal jury on Friday convicted Ryan Canfield, age 39, of New Haven, Connecticut, of conspiring to distribute methylone, following a four-day trial.

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.

Methylone – also known as “bath salts” and “molly” – is an analogue of ecstasy (“MDMA”) that has been a scheduled drug since October 2011.

The jury also convicted Canfield of eight counts of using a communication facility to facilitate the commission of a felony under the Controlled Substances Act.  Canfield faces up to 30 years in prison, and up to a lifetime of post-imprisonment supervised release, when he is sentenced by United States District Judge David N. Hurd on August 24, 2016 in Utica.

The evidence at trial demonstrated that Canfield imported methylone from manufacturers in China and redistributed that methylone to other distributors in the United States.  Canfield made arrangements with co-conspirators to receive, on his behalf, kilograms of methylone from Chinese distributors and sell methylone to users including college students and other young people in New York, Connecticut, and elsewhere.  Canfield also used a commercial pill press to convert methylone into pills, which Canfield and his distributors marketed as MDMA to what he called “young fools.”

This case was investigated by the Drug Enforcement Administration, and is being prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Wayne A. Myers.

ALBANY, NEW YORK – A jury voted on Thursday to acquit Richard Hernandez, age 47, on a charge of failing to register and update his registration as a sex offender, announced U.S. Attorney Richard S. Hartunian.

Hernandez was indicted on November 18, 2015 on a single charge of traveling across state lines and failing to register and update his registration as a sex offender as required by the Sex Offender Registration and Notification Act.

The jury voted to acquit Hernandez following a four-day trial in Albany before U.S. District Judge Mae A. D’Agostino.

SYRACUSE, NEW YORK – Dale J. Sexton (47), formerly of Barneveld, New York, was arrested this morning at his residence in Bradenton, Florida, for filing false income tax returns and for impeding the Internal Revenue Service (IRS) in its administration of the internal revenue laws. Sexton was named last week as the sole defendant in an indictment that was unsealed today during his arraignment before a federal judge in Tampa, Florida, following his arrest. Sexton was released pending a trial, which will be scheduled later this year in Syracuse, New York.

The charges were announced by United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Internal Revenue Service Criminal Investigation (IRS-CI), Special Agent in Charge, New York Field Office.

The indictment alleges that, for tax years 2005 through 2008, Sexton concealed tens of thousands of dollars in income derived from various business interests and investments, and that Sexton filed false income tax returns and made false and misleading statements to the Internal Revenue Service when confronted about his taxable income and tax due and owing for these years. These false statements and false filings were allegedly made in Utica, New York, in the Northern District of New York. The charges filed against Sexton carry a maximum sentence of up to 3 years in prison and a fine of up to $100,000.

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

This case is being investigated by IRS-CI (Syracuse), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Colleen J. McCarten, age 43, of Coxsackie, New York, was sentenced today to serve 3 years of probation after a jury found her guilty in October of fraudulently obtaining federal and state disability benefits.

The announcement was made by United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent in Charge for the Social Security Administration ("SSA") Office of the Inspector General.

On October 16, 2015, following a two-week trial, a jury found McCarten and co-defendant John W. Caltabiano, Jr. guilty of conspiracy to commit mail fraud, five counts of mail fraud, and theft of government property.

Between April 2008 and October 2010, Caltabiano and McCarten conspired to steal Social Security Disability and Workers’ Compensation benefits by falsely representing to the SSA, the New York State Workers’ Compensation Board, and Travelers Insurance that an on-the-job injury had left Caltabiano almost completely blind. The evidence at trial established that McCarten guided Caltabiano into medical examinations and Workers’ Compensation hearings as if he could not see. She also completed and submitted forms claiming that he could not drive, or manage his own money or move without assistance. Finally, she collected Social Security benefit payments on his behalf.

As demonstrated in videos taken during the investigation and presented at trial, Caltabiano was able to drive, shop, go to the gym, and otherwise move about without the assistance that a blind person would need. McCarten knew Caltabiano was not blind because videos showed her accompanying Caltabiano during some of these outings.

U.S. District Judge Mae A. D’Agostino also sentenced McCarten to pay $27,784 in restitution to the SSA.

On April 15, Judge D’Agostino sentenced Caltabiano, age 49, of Catskill, New York, to serve 57 months in prison and 3 years of post-imprisonment supervised release, and to pay $27,784 in restitution to the SSA.

This case was investigated by the Social Security Administration, Office of the Inspector General, and the Office of the New York State Workers’ Compensation Fraud Inspector General. This case was prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman and Special Assistant U.S. Attorney Jason W. White.

PLATTSBURGH, NEW YORK – Torran Mitchell-Terrance, age 23, of Snye, Quebec, was sentenced on Friday for making false statements to border officers.

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.

United States District Court Judge David N. Hurd sentenced Mitchell-Terrance to serve 141 days in jail – time that Mitchell-Terrance had already served as of Friday – and to serve an additional 1 year of supervised release.

On April 2, 2012, Mitchell-Terrance presented himself at the Massena Point of Entry, New York, for inspection by United States Customs and Border Protection officers. During that inspection, he signed a written declaration representing himself to be another person, who was his relative.

The government filed a complaint on April 3, 2012 and arrested Mitchell-Terrance, and he was released on conditions including that he remain in the United States. Mitchell-Terrance fled pretrial supervision in September 2012 and was indicted by a Plattsburgh grand jury in November 2012. Mitchell-Terrance remained a fugitive until early 2016, when he turned himself in.

This case was investigated by Homeland Security Investigations and U.S. Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Elizabeth Horsman.

SYRACUSE, NEW YORK – Ruth Smoke, 29, of the St. Regis Mohawk Reservation, pled guilty today to transporting two illegal aliens for profit, announced United States Attorney Richard S. Hartunian. Sentencing is scheduled for August 24, 2016 in Syracuse, New York

On December 2, 2015 Ruth Smoke was stopped by New York State Police south of Watertown, New York with two passengers in her vehicle. Subsequent investigation by U.S. Border Patrol Agents revealed that the two passengers were illegal aliens from China who were smuggled into the United States from Canada across the St. Lawrence River earlier in the day. The illegal aliens told Border Patrol Agents that they were to pay $400.00 upon arriving in New York City. As part of her plea of guilty today, Ruth Smoke admitted she was transporting the two illegal aliens in return for a fee.

The charge carries with it a maximum sentence of ten (10) years imprisonment, a fine of up to $250,000.00 and a three year term of 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.

This case was investigated by the United States Border Patrol (Wellesley Island Station) and the New York State Police and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

ALBANY, NEW YORK – Shane Robert Smith, a/k/a Robert Smith, age 19, of Whitehall, New York, pled guilty today to illegal possession of a machinegun.

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.

United States Attorney Richard S. Hartunian said: "Shane Smith repeatedly sought to acquire illegal firearms with the stated goal of executing members of racial and religious minority groups. The FBI Joint Terrorism Task Force stopped Smith before he could carry out this nightmare scenario. My Office is proud to work with the Joint Terrorism Task Force in keeping our communities safe."

"People like Mr. Smith seek to poison communities with hate and fear," said FBI Special Agent in Charge Andrew W. Vale. "His intentions to commit violent and deadly acts against members of our community were clear. The efforts of our Joint Terrorism Task Force and the United States Attorney’s Office have stopped a dangerous criminal from terrorizing our citizens."

At a change of plea hearing today, Smith pled guilty to illegal possession of a MAC 10 machinegun. He faces a maximum term of imprisonment of 10 years, a $250,000 fine, and 3 years of post-imprisonment supervised release when United States District Judge Mae A. D’Agostino sentences him on August 15, 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. With the felony conviction resulting from today’s plea, Smith will be prohibited from legally possessing firearms and ammunition.

As part of a plea agreement filed in the case, Smith admitted that he repeatedly sought to purchase or otherwise obtain fully automatic weapons, as well as semiautomatic weapons that he intended to convert into fully automatic weapons. On April 29, 2015, he made postings on social media seeking to acquire a "civilian," or semi-automatic, MAC 10 firearm. On that same date, he purchased a book on how to convert semi-automatic MAC 10 firearms to illegal fully automatic firearms. In other social media postings, Smith listed his interests as "guns, gun smithing, building bombs, knives, guerilla warfare, preserving my race and folk, and destroying the government."

After becoming aware of Smith’s April 29, 2015 social media postings, individuals working with law enforcement contacted him. In communications with these people, Smith confirmed that he sought to purchase a Mac 10 and that he intended to "rock and roll it," a phrase that means to convert a semi-automatic weapon to fully automatic. Smith further explained that the firearm was "gonna be used to execute kikes, coons, and get money for the crew." Smith explained that he planned to form a group called the "Silent Resistance Army" and that he sought to establish "a hit squad." Smith also sought to acquire Green Tip ammunition, which is designed to pierce body armor, as well as explosives such as "c4 or grenades."

After communicating through the Internet and text messages with an undercover FBI agent, Smith arranged to meet with the agent for the purpose of acquiring machineguns, silencers, and ammunition. Prior to the meeting, Smith expressed concerns about whether he was "gonna get busted by the feds." On August 5, 2015, Smith met with an undercover FBI agent in Whitehall, New York, and took possession of two machineguns, a silencer, a Beretta handgun, and 120 rounds of Green Tip ammunition (the guns were not loaded and were inoperable at the time). Smith was then immediately arrested and has been in custody ever since.

This case is being investigated by the FBI Joint Terrorism Task Force in Albany, and is being prosecuted by Assistant United States Attorneys Sean O’Dowd and Solomon Shinerock.

ALBANY, NEW YORK – John W. Caltabiano, Jr., age 49, of Catskill, New York, was sentenced today to serve 57 months in prison after a jury found him guilty in October of fraudulently obtaining federal and state disability benefits. He was immediately taken into custody.

The announcement was made by United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent in Charge for the Social Security Administration ("SSA") Office of the Inspector General.

On October 16, 2015, following a two-week trial, a jury found Caltabiano and co-defendant Colleen McCarten guilty of conspiracy to commit mail fraud, five counts of mail fraud, and theft of government property. Between April 2008 and October 2010, Caltabiano and McCarten conspired to steal Social Security Disability and Workers’ Compensation benefits by falsely representing to the SSA, the New York State Workers’ Compensation Board, and Travelers Insurance that an on-the-job injury had left him almost completely blind. In reality, as demonstrated in videos taken during the investigation and presented at trial, he was able to drive, shop, go to the gym, and otherwise move about without the assistance that a blind person would need.

At the sentencing, Judge D’Agostino said, "And had he not been caught, I have no doubt that Mr. Caltabiano would still have someone leading him into any proceedings or any hearings as though he couldn’t see a darn thing when we all know that he was seeing well enough to carry out his ordinary activities, to drive, to go to convenience stores, all of that."

U.S. Attorney Richard S. Hartunian stated: "If Caltabiano had not been stopped, he would have been able to steal more than one-half a million dollars based on his life expectancy. His sentence reflects the magnitude of his fraud and sends a message that those who steal benefits face significant prison sentences. My office will continue to prosecute benefits fraud aggressively so that that taxpayer-funded government benefits go to people who truly need them."

Edward J. Ryan, Special Agent in Charge for the SSA Office of the Inspector General, stated: "As guardians of the public trust we vigorously pursue incidents of fraud against SSA programs. We continue to investigate allegations of fraudulent disability claims to combat fraud in federal and state government sponsored disability programs. Our successful criminal prosecutions protect the SSA trust funds for those who truly deserve disability benefits. Our office greatly appreciates the continued support and the priority given to these cases by the United States Attorney’s Office for the Northern District of New York."

United States District Judge Mae A. D’Agostino also sentenced Caltabiano to serve 3 years of post-imprisonment supervised release, and to pay $27,784 in restitution to the SSA. At today’s sentencing hearing, Judge D’Agostino described his criminal history as "extremely disturbing." She referred to Caltabiano’s many prior convictions, four of which involved his sexual assault or attempted abduction of teenage girls.

McCarten’s sentencing is scheduled for April 20, 2016 in Albany before Judge D’Agostino.

This case was investigated by the Social Security Administration, Office of the Inspector General, and the Office of the New York State Workers’ Compensation Fraud Inspector General, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman and Special Assistant U.S. Attorney Jason W. White.

SYRACUSE, NEW YORK – Chanel Garcia-Enrique, 36, of Utica, New York, was indicted on four federal criminal violations: (1) felon in possession of a firearm and ammunition; (2) alien in possession of a firearm and ammunition; (3) making false statements; and (4) possession of false identification documents, announced United States Attorney Richard S. Hartunian. The charges involving firearms and ammunition filed against Garcia-Enrique carry a maximum sentence of 10 years in prison and a term of supervised release of up to 3 years following release from incarceration The defendant faces up to fifteen years for the charge of possessing false identification documents and five years for making false statements. Fines of up to $250,000 could be levied on each charge. 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 and the defendant is presumed innocent until proven guilty.

A federal criminal complaint alleged that Garcia-Enrique was arrested on April 5, 2016 in Utica, New York after the execution of a search warrant at his residence by members of the Drug Enforcement Administration’s Syracuse Task Force and the Oneida County Drug Task Force. According to the complaint, Garcia-Enrique was found in his bedroom with a loaded 20 gauge shotgun.

The criminal complaint alleged that Garcia-Enrique is a citizen of the Dominican Republic who illegally entered the United States in 1996 and lived under an alias since that time. The complaint further alleges that using the alias, Garcia-Enrique was arrested on October 23, 1998 in Oneida County, New York and thereafter convicted and sentenced for criminal sale of a controlled substance in the 5th degree – all while under the alias.

Garcia-Enrique was arrested on the federal criminal complaint and made his initial appearance on April 6, 2016 in Syracuse, New York, before United States Magistrate Judge Andrew T. Baxter. After holding a detention hearing on April 8, 2016, Judge Baxter ordered the defendant held without bail.

This case is being investigated by the DEA, Oneida and Onondaga County District Attorney’s Offices, the Oneida County Drug Task Force, the U.S. Department of Homeland Security/U.S. Border Patrol, the New York State Police, Oneida and Onondaga County Sheriff’s Offices, the Rome Police Department, and the Utica Police Department. This case is being prosecuted by

Assistant U.S. Attorney Carl G. Eurenius and Oneida County Assistant District Attorney Grant Garramone.

SYRACUSE, NEW YORK – Carl Switala, 34, was indicted yesterday for failing to register as a sex offender after he moved to Syracuse, New York from North Carolina, announced United States Attorney Richard S. Hartunian.

The indictment alleges that Switala moved to Syracuse from Raleigh, North Carolina in November 2015 and lived in the area without registering as a sex offender for more than four months prior to being arrested. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

Switala was previously arrested on April 4, 2016 pursuant to a Criminal Complaint. On April 7, 2016, Switala appeared before United States Magistrate Judge Andrew T. Baxter for a detention hearing after which he was ordered held without bail pending trial.

The charge against Switala carries 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. 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 United States Marshals 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/.

SYRACUSE, NEW YORK - An indictment filed today charges Anthony Vita, 36, of Syracuse, New York, with distributing heroin that resulted in the death of another person.

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 (DEA).

The indictment alleges that Vita distributed heroin on or about November 7, 2015 to the victim, described in a criminal complaint as being a 24-year-old resident of Camillus, New York, who was five months pregnant when Vita provided her heroin that led to her overdose death.

U.S. Attorney Richard S. Hartunian said: "Opioid addiction and overdose deaths have become the single greatest danger to the lives and health of our citizens. Our resolve to confront this epidemic and the criminals who supply it is unwavering and we will not hesitate to use all of the tools the law provides us with in this fight."

DEA Special Agent in Charge James J. Hunt stated, "Every aspect of drug trafficking is heinous; but selling a fatal combination of heroin and fentanyl to a mother and unborn child shows how inconsequential drug traffickers view heroin use. The latest trend in opiate abuse- a toxic combination of heroin and fentanyl- is on a deadly rampage throughout the nation resulting in too many lives taken too early. This arrest only highlights the sad extent a dealer will go to in order to make a profit off the sale of drugs."

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

The charge filed against Vita carries a minimum term of imprisonment of 20 years, a maximum sentence of life imprisonment, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Vita was arrested by DEA agents on March 15, 2016, in Virginia Beach, Virginia. The criminal complaint filed against Vita alleged that agents recovered a text message exchange between Vita and the victim on the night of her death that included arrangements for them to meet so he could sell her heroin and a hypodermic needle.

Following his arrest, Vita appeared in Federal Court in Virginia and was transported to Syracuse by the United States Marshals Service. The defendant had an initial appearance in Syracuse before United States Magistrate Judge David E. Peebles on April 1, 2016. Following a hearing on April 6, 2016, Judge Peebles ordered Vita detained without bail pending trial.

This case is being investigated by the U.S. Drug Enforcement Administration (DEA), Syracuse Resident Agency (with Assistance from DEA Norfolk, Virginia), the Onondaga County Sheriff Department and the Town of Camillus (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Carla Freedman.

SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian will conduct a press conference tomorrow (Wednesday April 13, 2016) at 2 PM in the Syracuse U.S. Attorney’s Office to announce a case of interest to the media.

Wednesday, April 13, 2016
2:00 PM
U.S. Attorney’s Office
100 S. Clinton Street
Syracuse, New York
9th Floor

PLATTSBURGH, NEW YORK – Jacob Wesley Martin, age 26, of Hogansburg, New York, was arraigned last month on human smuggling charges.

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.

Martin was indicted on January 20, 2016, for his alleged role in the attempted for-profit smuggling, into the United States from Canada, of three young men from India on September 2, 2015. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

An alleged co-conspirator, Louie John McDonald, age 37, of Snye, Quebec, is being prosecuted in Ontario by provincial and federal crown prosecutors, for his alleged role in the smuggling attempt. In the attempt, two of the three Indian men were killed by drowning when a jet ski capsized in the St. Lawrence River.

If convicted of all charges, Martin faces a minimum term of imprisonment of 5 years, a fine of up to $250,000, and a post-imprisonment supervised release term of 5 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.

Martin was arraigned in Syracuse, New York, before United States Magistrate Judge Therese Wiley Dancks, on March 11, 2016. Five days later, he was released with conditions pending trial, which is scheduled for August 8, 2016 in Albany, before United States District Court Judge Mae A. D’Agostino.

This case is being investigated by Homeland Security Investigations’ Border Enforcement Security Task Force with assistance by the Akwesasne Mohawk Police Service, the Canada Border Services Agency, the Royal Canadian Mounted Police, the United States Border Patrol, Customs and Border Protection Office of Field Operations, the Saint Regis Mohawk Tribal Police Department, and the Utica Police Department, and is being prosecuted by Assistant U.S. Attorneys Elizabeth Horsman and Cyrus Rieck.

ALBANY, NEW YORK – David Rancourt, age 61, of Palmer, Massachusetts, was arrested and charged on Saturday with attempting to meet a 14-year-old boy for sex.

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.

Rancourt faces at least 10 years and up to life in prison on the charge of attempted coercion and enticement of a minor. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. Today, United States Magistrate Judge Daniel J. Stewart ordered Rancourt detained pending trial.

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

According to the criminal complaint, Rancourt posted an online advertisement titled "Dad looking for a son," in which he solicited sexual role-play encounters. Following email exchanges with a Colonie Police Department officer acting undercover, Rancourt travelled to Albany in order to meet at a prearranged time and place to engage in sexual activities with a person he believed to be a 14-year-old boy.

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

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