Northern District of New York
Press releases recorded for this federal judicial district.
Colombian Alien Smuggler Sentenced to 11 MonthsRead the Press Release
ALBANY, NEW YORK – Daniel Humberto Pulido-Mojica, age 30, a citizen of Colombia, was sentenced on Friday to serve 11 months in prison for alien smuggling, announced United States Attorney Richard S. Hartunian and U.S. Border Patrol Chief Patrol Agent John C. Pfeifer.
In August, Pulido-Mojica pled guilty before United States District Court Judge David N. Hurd to transporting aliens unlawfully present in the United States. Judge Hurd also sentenced Pulido-Mojica to a two-year term of supervised release, to begin after his release from jail.
Pulido-Mojica, a lawful permanent resident of the United States living in Corona, New York, was prosecuted after he was encountered by Border Patrol just south of the international border between the United States and Canada near Champlain, New York. He was driving a van and transporting five illegal aliens. Pulido-Mojica had pulled up to the border shortly after midnight on June 20, 2015 and picked up the five aliens who had just illegally crossed the border from Canada on foot. Pulido-Mojica intended to drive the aliens to New Jersey, but he was stopped and arrested, together with his passengers.
The smuggled aliens, Brianth Steven Pineda Vallejo, age 23, from Colombia, Jacqueline Roberta Costa, age 39, of Brazil, Rafael Da Conceicao Santos, age 25, of Brazil, Miguel Eduardo Jara Elgueta, age 26, of Chile and Vipan Saini, age 38, of India, were also prosecuted. All but Costa were convicted of the misdemeanor offense of entry without inspection. Costa was convicted of the felony offense of re-entry of a removed alien.
This case was investigated by the U.S. Border Patrol and prosecuted by Edward P. Grogan.
Alien Smuggler Sentenced to 9 MonthsRead the Press Release
ALBANY, NEW YORK – Christopher Square, age 29, of Kahnawake, Quebec, Canada, was sentenced on Friday to serve 9 months in prison for alien smuggling, announced United States Attorney Richard S. Hartunian and U.S. Border Patrol Chief Patrol Agent John C. Pfeifer.
In August, Square pled guilty before United States District Court Judge David N. Hurd to transporting aliens unlawfully present in the United States. Judge Hurd also sentenced Square to serve a two-year term of supervised release, to begin after his release from prison.
Square, a dual citizen of the United States and Canada, was prosecuted after he was encountered by Border Patrol on May 3, 2015 just south of the international border between the United States and Canada near Fort Covington, New York with three illegal alien passengers in the van he was driving. Square was observed driving near the border on the Akwesasne Mohawk Indian reservation, and then leaving the reservation and driving toward Fort Covington. When a marked Border Patrol vehicle approached the van Square was driving, Square pulled off the road and stopped, and three people were seen exiting the van and hiding nearby. Square was promptly stopped and arrested. The three people who exited his van were found hiding nearby and they were detained as aliens unlawfully present in the United States.
Two of the smuggled aliens, Ruie Huang, 28, from China, and Bi Rong Chen, 37 of Canada, were convicted of the misdemeanor offense of entry without inspection.
This case was investigated by the U.S. Border Patrol and prosecuted by Edward P. Grogan
Former Fultonville, New York Resident Pleads Guilty to Fraud SchemeRead the Press Release
SYRACUSE, NEW YORK - David L. Frisby, 65, of Kiln, Mississippi, pled guilty yesterday to one count of conspiracy to commit wire fraud in connection with a scheme to defraud scrap metal brokerage firms. The guilty plea included his admission to soliciting contracts for the disposal of batteries and other metal waste under false pretenses, announced United States Attorney Richard S. Hartunian and Environmental Protection Agency (EPA) Criminal Investigations Division Special Agent in Charge Vernesa Jones-Allen.
Frisby, formerly of Fultonville, New York, admitted that he and his co-conspirators falsely held themselves out to be representatives of a scrap metal recycling firm that was authorized by the Environmental Protection Agency to dispose of metal waste by shipping it to Korea, and that they defrauded business and individuals by charging them for recycling services that were never provided. In reality, Frisby and his co-conspirators were not authorized by the EPA to provide scrap metal recycling services and never intended to provide such services to the victims.
To further the scheme, Frisby, who formerly served as the Chief Executive Officer of D & L Heritage Enterprises, Inc. (D & L Heritage), a New York State domestic business corporation, until its dissolution in 2009, provided his co-conspirators with D & L Heritage incorporation documents that were fraudulently altered and e-mailed to victims during the solicitation process. Victims of the fraud scheme transferred at least $154,206.00 in fraud proceeds to bank accounts maintained by Frisby, who retained a portion of the funds for his personal benefit and transferred the remainder to his co-conspirators.
At sentencing on April 27, 2016 at 10:00 a.m. in Syracuse, Frisby faces a maximum term of incarceration of 20 years and a maximum fine of $250,000. Additionally, the plea agreement requires Frisby to pay $144,216.00 in restitution to victims of the fraud scheme, if approved by the Judge.
The case was investigated by the U.S. Environmental Protection Agency, Criminal Investigations Division. The case is being prosecuted by Assistant United States Attorney Sean O’Dowd.Halfmoon Town Supervisor Sentenced to 12 Months in PrisonRead the Press Release
ALBANY, NEW YORK – Former Halfmoon Town Supervisor Melinda Wormuth was sentenced today to one year and one day in prison as a result of her convictions for extortion and making a false statement, 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.
United States District Judge Gary L. Sharpe also sentenced Wormuth to serve a 1-year term of supervised release, to begin after her release from prison, forfeit $3,000, and pay a fine of $7,500.
The sentence follows Wormuth’s August 10, 2015 guilty plea, during which she admitted that she accepted money in return for her official actions. She admitted that she received $7,500 in cash, which was characterized as “consulting fees,” in return for using her official positions as Town Supervisor and member of the Saratoga County Board of Supervisors to lobby for the legalization of professional Mixed Martial Arts (“MMA”).
“Public service is about dedication to community and country, not the use of official position for profit,” stated U.S. Attorney Richard S. Hartunian. “Taking money to lobby for legislation is illegal corruption that betrays the public trust. We will continue to work with the FBI, the Attorney General of New York, and the New York State Comptroller to identify and hold accountable officials who commit such crimes.”
“Ms. Wormuth exploited her position and the faith of those she swore to serve,” said Special Agent in Charge Andrew W. Vale. “This kind of criminality drains the public’s confidence in our leaders. The FBI stands determined with our law enforcement partners to investigate those who would further erode the public’s trust.”
The charges were the result of an investigation by the Federal-State Anti-Corruption Task Force that includes the Federal Bureau of Investigation, the New York Attorney General’s Office, the Internal Revenue Service, and the New York Comptroller’s Office.
“When elected officials misuse their office for personal gain it betrays the public’s trust,” said Attorney General Schneiderman. “This case shows that when elected officials break the law, they will be held accountable. I’m proud to have worked with my partners in state and federal government to bring this defendant to justice.”
“Ms. Wormuth abused her office and betrayed the taxpayers she was elected to serve,” State Comptroller Thomas P. DiNapoli said. “I hope this sentence sends a clear message that this misconduct by an elected official will not be tolerated. I thank United States Attorney Hartunian, Attorney General Schneiderman, the FBI and the IRS for their continued partnership to fight corruption.”
Between April 10, 2013 and August 10, 2013, Wormuth sent letters on her official letterhead to state legislators in New York, requesting legislative action in favor of professional MMA. Wormuth performed no legitimate consulting work for the $7,500 payment, and she accepted this money understanding that she was expected to use her official position to promote legislative action in favor of professional MMA.
Wormuth also admitted that she lied to FBI agents during an interview on August 7, 2013. Wormuth stated that she had consulted with “K.T.,” a former Town Justice in Saratoga County, to obtain approval for her actions before taking the $7,500 payment. This statement was false because she had not consulted with “K.T.”
This case was prosecuted by Assistant U.S. Attorneys Ransom Reynolds and Jeffrey Coffman, and by former Executive Assistant U.S. Attorney John Duncan.
Defendant Pleads Guilty to Interstate Threats to Injure Saint Regis Mohawk Tribal Police OfficersRead the Press Release
PLATTSBURGH, NEW YORK – Roy Redeye, age 39, of Cortland and Akwesasne, New York, pled guilty yesterday to two counts of interstate threats to injure another person announced United States Attorney Richard S. Hartunian, James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations, and Matthew Rourke, Saint Regis Mohawk Police Chief. Redeye admitted during the change of plea hearing that on February 6, 2015, he posted threats to injure and kill three Saint Regis Mohawk Tribal Police Officers on Facebook.
On both counts, Redeye faces up to 5 years in prison, a fine of up to $250,000, and a term of supervised release up to 3 years. Sentencing is set for April 6, 2016 at 10:30 AM before Senior U.S. District Judge Lawrence E. Kahn.
The case was investigated by Homeland Security Investigations in both Massena and Syracuse, with assistance from the Cortland Police Department, the Cortland County Sheriff’s Office, and the Saint Regis Mohawk Tribal Police Department. Assistant United States Attorney Elizabeth Horsman prosecuted the case.
The case was prosecuted under the U.S. Attorney’s Office for the Northern District of New York’s Indian Country Public Safety Initiative, which was established as a result of the Tribal Law and Order Act of 2010. That Act launched department-wide initiatives to enhance public safety in Indian Country.
Six Indicted in Connection with Massena Cocaine and Heroin RingRead the Press Release
PLATTSBURGH, NEW YORK – Six people have been indicted on charges related to cocaine and heroin trafficking in and around the Massena area, announced United States Attorney Richard S. Hartunian, James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Mark LaBrake, Chief of Police for the Massena Police Department.
The indictment charges the following people with conspiracy to possess with intent to distribute and to distribute heroin and cocaine:
* Jonathan Rodriguez, a/k/a “Javi” a/k/a “Big Guy” a/k/a “Big Man” a/k/a “Babs” a/k/a “Bebz” a/k/a/ “Bebo,” age 27, of Bronx, New York;
* Ricardo Garcia, aka “Bucky,” age 24, of New York City;
* Tina Fumano, age 42, of Massena, New York;
* Cecilia Lindsey, a/k/a “Cece,” age 28, of Massena, New York;
* Nicole Francis, age 27, of Norwood, New York; and
* William Rochefort, age 21, of Massena, New York.Rodriguez, Fumano and Garcia each face at least 5 years and up to 40 years of imprisonment, and a maximum $5 million fine, if convicted. Lindsey, Francis and Rochefort each face up to 20 years of imprisonment and a maximum $1 million fine if convicted.
The defendants, except Garcia, will appear for arraignments in Plattsburgh on December 10, before United States Magistrate Judge Gary L. Favro. Garcia is in custody in the Southern District of New York and will appear for arraignment at a later date.
“Vigorous law enforcement by federal, state, local, and Canadian agencies is essential to ending the emerging heroin epidemic and combatting the continuing cocaine problem,” stated U.S. Attorney Richard S. Hartunian. “The outstanding collaboration here was critical to bringing this case. We remain committed to working together to maintain public health and safety in this community.”
“Dismantling drug trafficking organizations is a critical component of our effort to enhance public safety in our communities,” stated HSI Special Agent in Charge James C. Spero.
“By disrupting these organizations, we are on the path to addressing the root causes of a myriad of criminal activity associated with drug trafficking.”“This operation is a success story of how agencies come together to address the illegal drug trade in Northern New York,” stated Massena Police Chief Mark LaBrake. “This operation, which started with an investigation by the Massena Police Department, was able to dismantle a large pipeline of cocaine and heroin trafficking from New York City to Massena. The hope is that people from out of the area will realize that bringing this poison to our community will not be tolerated. I again want to thank our local, state and federal partners for their assistance in helping battle this problem of dangerous drugs that plagues our community.”
The indictment is the result of a year-long investigation led by HSI’s Border Enforcement Security Task Force (BEST) in Massena, which consists of law enforcement officers from the Massena Police Department, the St. Lawrence County Sheriff’s Department and the New York State Police, and which receives assistance from the U.S. Border Patrol, the Drug Enforcement Administration, the District Attorneys of Clinton, Franklin, and St. Lawrence Counties, the St. Regis Mohawk Tribal Police Department, the Oneida Indian Nation Police, U. S. Customs and Border Protection, the U.S. Coast Guard Investigative Service, the Potsdam Police Department, the Royal Canadian Mounted Police, the Surete du Quebec, and the New York Attorney General’s Office.
The charges in the indictment are merely accusations. The defendants are presumed innocent until proven guilty.
This case is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Douglas G. Collyer.
Massachusetts Man Charged with Attempted Coercion and Enticement of Minors in LathamRead the Press Release
ALBANY, NEW YORK – Albert Reardon, age 74, of North Adams, Massachusetts, was indicted today on charges of attempted coercion and enticement of a minor for prohibited sexual activity, 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.
Reardon faces at least 10 years and up to life in prison. He also faces a term of 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. Reardon was arrested in October on a criminal complaint. At that time he appeared before United States Magistrate Judge Christian F. Hummel, and was detained following a detention hearing on October 27.
According to the Complaint filed on October 22, Reardon posted online advertisements soliciting sexual encounters with a “teen” and “young” person. Following email exchanges with a law enforcement officer acting undercover, Reardon travelled to Latham, New York, to meet at a prearranged time and place with persons he believed to be a 14-year-old boy and his 11-year-old brother.
The charges in the indictment and complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Colonie Police Department and the Federal Bureau of Investigation, 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/.
Ilion Man Arrested for Sexual Explotation of A ChildRead the Press Release
SYRACUSE, NEW YORK - Ralph Daniel Smith, 41, of Ilion, New York, was arrested today on a federal indictment, charging him with sexual exploitation of a child, announced United States Attorney Richard S. Hartunian.
The indictment alleges that in November of 2013 Smith, using the pseudonym "Dan Smithson," coerced a 14 year old girl to engage in sexually explicit conduct for the purpose of producing visual depictions of that conduct, in violation of federal law.
The charge filed against Smith carries a minimum sentence of 15 years, and a maximum sentence of 30 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life. In addition, a conviction will require Smith to register as a sex offender.
Smith was arraigned today in Syracuse, New York, before a United States Magistrate Judge and remanded pending a detention hearing scheduled for Tuesday, December 8, 2015.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Ilion Police Department, the Herkimer County District Attorney’s Office, and the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, as a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse.
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 www.projectsafechildhood.gov.
Couple Sentenced on Methamphetamine ConvictionsRead the Press Release
PLATTSBURGH, NEW YORK – Billy Slick, age 54, was sentenced today to 60 months in prison as a result of his conviction for conspiracy to manufacture, possess with intent to distribute and distribute methamphetamine.
The announcement was made by United States Attorney Richard S. Hartunian, Special Agent in Charge James J. Hunt, New York Division, Drug Enforcement Administration (DEA), and New York State Police Superintendent Joseph A. D’Amico.
Chief United States District Judge Glenn T. Suddaby also sentenced Billy Slick to serve a four-year term of supervised release, to begin after his release from prison.
On August 26, 2015, Billy Slick’s wife, Danielle Trombly Slick, age 33, was sentenced to 46 months in prison for her role in the methamphetamine conspiracy. Chief Judge Suddaby also sentenced Danielle Slick to serve a three-year term of supervised release, to begin after her release from prison.
The Slicks had lived in Augusta, Georgia, but moved to Clinton County in 2011 and remained in the area through 2013. During that time, the Slicks manufactured and distributed methamphetamine.
This case was investigated by the Drug Enforcement Administration, the New York State Police, the High Intensity Drug Trafficking Areas Program of New York and New Jersey, the Plattsburgh Police Department, the Clinton County District Attorney’s Office, and the Essex County District Attorney’s Office. Assistant United States Attorney Katherine Kopita prosecuted the case.
General Electric to Pay $2.25 Million for Violating Federal and State Environmental Laws in Waterford, New YorkRead the Press Release
ALBANY, NEW YORK: The General Electric Company (“GE”) has agreed to pay a $2.25 million civil penalty to resolve a complaint alleging violations of federal and state environmental laws in connection with GE’s use of an incinerator at a manufacturing facility that it once owned and operated in Waterford, New York, announced the United States Attorney’s Office for the Northern District of New York, the Department of Justice, the Environmental Protection Agency (“EPA”), the New York State Attorney General’s Office, and the New York State Department of Environmental Conservation (“DEC”). Both the complaint and the settlement agreement were filed today in United States District Court in Albany.
The allegations in the civil complaint, which is docketed as United States of America and the State of New York v. General Electric Company, Civil No. 1:15-CV-1431, include the following:GE owned the Waterford facility from 1947 through 2006, and continued to operate it through early 2007. GE manufactured various products at the facility, including sealants made of silicone. The silicone manufacturing process generated hazardous waste. GE sought and received permits from DEC to dispose of the hazardous waste onsite, subject to compliance with the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA). GE disposed of hazardous waste in a rotary kiln incinerator that included an automatic waste feed cut-off system designed to shut down the incinerator if GE deviated from operating parameters designed to ensure compliance with the CAA and RCRA. Unbeknownst to federal and state authorities, GE used a computer program to override the incinerator’s automatic waste feed cut-off system, allowing GE to continue to burn hazardous waste in the incinerator in violation of its CAA and RCRA permits. On at least 1,859 occasions during the period of September 2006 until February 2007, GE employees manually overrode the automatic waste feed cut-off system, thereby potentially exposing the public and the environment to harmful hazardous air pollutants, such as carbon monoxide, dioxins, and furans. Though its employees were violating federal and state law, GE submitted routine compliance reports to the United States and the State of New York falsely attesting to compliance with RCRA, the CAA, and permits issued pursuant to those statutes.
First Assistant United States Attorney Grant C. Jaquith said: “By operating a system to bypass safety controls, GE put the public and the environment in harm’s way. This office will continue to pursue vigorously companies that thwart laws designed to protect public health, safety, and our environment.”
“GE violated the Nation’s and New York’s bedrock environmental laws that were put in place to protect the American public and the environment from harmful air pollution and hazardous materials,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement penalizes GE for these violations of law, and represents the combined efforts of the federal government and the state of New York to uphold the law and protect public health.”
“Our laws are critical to protecting the environment and ensuring the health and safety of the public,” said New York State Attorney General Eric T. Schneiderman. “GE ignored its duty to comply with clean air and hazardous waste laws at the Waterford facility. Today’s settlement holds GE accountable for its illegal actions – and reflects my office’s continuing commitment to impose significant consequences on any company that puts New Yorkers in jeopardy by breaking environmental laws. In addition, this settlement represents a strong cooperative effort between the State and the United States to protect public health and the environment.”
“GE overrode a system designed to deal with dangerous air pollutants from a hazardous waste incinerator,” said Judith A. Enck, EPA Regional Administrator. “By overriding the system, GE allowed the hazardous waste to continue to be fed into the incinerator, leading to levels of carbon monoxide that exceeded the permit limits.”
“Violations of New York State’s environmental laws and regulations are serious offenses, which carry serious consequences,” said DEC’s Acting Commissioner Basil Seggos. “This fine is the result of the collaborative efforts of state and federal partners working together to accomplish a shared mission to protect our citizens and communities and should send a strong message that New York State has zero tolerance for those who shirk environmental policies and procedures put in place as protections. I commend DEC’s Law Enforcement Officers for their determined vigilance in this investigation. This is a great example of the important work they perform in the course of their sworn duty to protect the citizens of New York and the environment.”
This case was investigated by EPA and DEC, and is being handled by Assistant United States Attorneys Thomas Spina Jr. and Adam J. Katz, New York State Assistant Attorneys General Maureen F. Leary and James C. Woods, an attorney from the Department of Justice’s Environmental Enforcement Section, and assistant regional counsel from EPA’s office in New York City.
Whitehall Man Indicted on Firearms ChargesRead the Press Release
ALBANY, NEW YORK – A federal grand jury has returned an indictment charging Shane Smith, age 18, of Whitehall, New York, with two counts of illegal possession of a machinegun and one count of possession of an unregistered firearm (silencer), 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.
Smith was arraigned today before United States Magistrate Judge Christian F. Hummel, and ordered detained pending trial. On each count, Smith faces a maximum of 10 years in prison and up to 3 years of supervised release. He also faces a maximum $250,000 fine on each machinegun possession charge, and a maximum $10,000 fine on the silencer possession charge.
Smith was arrested on August 6, 2015 and charged by complaint after he acquired, from an undercover agent, a Colt M16 model A2, a military-grade assault rifle capable of firing as a machinegun; a Military Armament Corporation “MAC 10” machinegun; a silencer; a Beretta model 92FS handgun; and 120 rounds of “green-tip” ammunition with armor-piercing capability.
The charges and allegations announced today are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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 B. Shinerock.
Tioga County Man Sentenced to Prison for Environmental CrimeRead the Press Release
SYRACUSE, NEW YORK – Brian Davis 46, of Owego, New York, was sentenced to serve one year and one day in federal prison after pleading guilty earlier this year to one felony count of treating, storing, and disposing of hazardous waste without a permit, in violation of the Resource Conservation and Recovery Act, announced United States Attorney Richard S. Hartunian, Vernesa D. Jones-Allen, Special Agent in Charge, New York Area Office, Criminal Investigation Division, U.S. Environmental Protection Agency ("EPA CID") and Basil Seggos, Acting Commissioner, New York State Department of Environmental Conservation ("DEC"). In addition to the prison sentence, Davis was sentenced to pay a $5,000 fine and to serve a three-year term of supervised release after release from prison.
In June 2013, Davis, the owner of Large Car LLC, a company in Owego that installs and removes old industrial plating equipment for re-use or recycling, agreed to remove various hazardous chemicals, including arsenic, chromium, lead, and selenium, from a bankrupt waste generator facility in New Hampshire. Davis did not have a permit or environmental license to remove these chemicals, but nevertheless transported them to the Large Car LLC facility in Owego, New York, where he treated, stored, and disposed of them over the course of nearly a year. Davis stored the hazardous waste without labeling, and failed to properly isolate incompatible materials, or protect them from the elements. Davis also treated and disposed of much of this waste by igniting and evaporating it, mixing it with other materials, and shipping it to offsite locations without listing it on manifests, as required.
United States Attorney Richard S. Hartunian said: "The illegal disposal of hazardous chemicals contaminates the environment and endangers public health. The defendant’s disregard of the statutory requirements that protect people and natural resources risked great harm. Prosecution of such conduct is a high priority."
"Industrial waste can pose serious threats to human health and the environment, so it’s imperative that companies dispose of their waste properly in order to protect local communities," said Special Agent in Charge Vernesa Jones-Allen, who oversees EPA’s criminal enforcement program in New York. "Today’s sentence demonstrates that when individuals refuse to comply with the law and put the public at serious risk, they will be held accountable for their actions." DEC Acting Commissioner Basil Seggos stated, "Violations of New York State’s environmental laws and regulations are serious offenses with serious consequences. This sentencing is the result
of the collaborative efforts of local, state and federal partners working together to accomplish a shared mission to protect our citizens and communities and should send a strong message that New York State has zero tolerance for those who shirk environmental policies and procedures put in place as protections."
This case was investigated by special agents and criminal investigators with EPA CID and DEC, and it was prosecuted by Assistant United States Attorney Michael F. Perry.
Additional Criminal Charges Have Been Filed Against A Cazenovia ManRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced today that additional criminal charges have been filed against a Cazenovia man already facing allegations of fraud and money laundering.
JAMES P. GRIFFIN, 70, is the Chief Executive Officer of several companies using a variation of the name 54 Freedom. These 54 Freedom companies are headquartered at 5 Ledyard Avenue, Cazenovia, New York. In July Griffin was indicted on charges that the 54 Freedom companies, marketed a financial product called the 54 Freedom Charitable Gift Annuity. This product purportedly allowed a person to make a gift to charity and still receive income for himself or others. The 54 Freedom Charitable Gift Annuity was represented to be backed by a highly rated major insurance carrier and would provide guaranteed life time income for the investor. It is alleged, however, that the monies invested by clients were not used to purchase annuities from A rated insurance companies, but rather were used by GRIFFIN for his own use and to pay expenses of the various 54 Freedom companies. The indictment charges that over $1.6 million was invested with the defendant to purchase 54 Freedom Charitable Gift Annuities. The investors initially received monthly payments as promised, but these regular payments stopped in approximately January 2013.
GRIFFIN was arrested on July 23, 2015 and appeared for arraignment before United States Magistrate Judge Andrew T. Baxter in Syracuse. He pled not guilty to the charges.
On November 25, 2015 a federal grand jury in Syracuse returned a superseding indictment that charges Griffin with five additional counts of mail fraud. The new charges allege that Griffin fraudulently induced persons to invest in his companies by using funds withdrawn from tax sheltered retirement accounts upon the false promise that the investments would be profitable and the investment funds would be "rolled over" into another tax sheltered account or that Griffin would pay any tax or penalty due on the early distribution of the retirement account monies. The indictment alleges that the investments were not profitable and the funds were not rolled over into tax sheltered accounts, and as a result, the investors did not realize a profit but also suffered an early withdrawal tax penalty on the funds invested. It is alleged that Griffin received at least $370,000 from investors that had come from tax sheltered retirement plans.
GRIFFIN is now charged with ten counts of mail fraud, eight counts of wire fraud, and five counts of money laundering. He faces a maximum term of imprisonment of twenty years on each of the mail and wire fraud counts and ten years on the money laundering counts. Each count carries a maximum fine of $250,000.
The case was investigated by the Internal Revenue Service, Criminal Investigation, and Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Edward R. Broton.
The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.
Certified Environmental Services, Inc. Ordered to Pay over $409,000 for Negligent EndangermentRead the Press Release
UTICA, NEW YORK – Certified Environmental Services, Inc. (“CES”) was sentenced today to 5 years of probation, and to make restitution in the amount of $409,829.67, for negligently releasing asbestos into the ambient air, thereby placing other persons in imminent danger of death or serious bodily injury, announced United States Attorney Richard S. Hartunian.
U.S. District Judge David N. Hurd credited CES for prior restitution payments of $87,960.06 and ordered CES to make an initial lump-sum payment of $100,000 toward its restitution obligation, and then pay monthly installments of $2,000 or 10% of CES’s net monthly cash flow, whichever is greater. Judge Hurd also credited CES for time already served on its 5-year probation sentence.
United States Attorney Hartunian said, “CES was paid to conduct proper air monitoring to preserve the basic right to clean air when asbestos was removed from homes and other buildings. It was the gatekeeper for the environment, but violated requirements and provided final clearances when asbestos contamination remained. This was cutting corners with consequences – the release of dangerous, toxic asbestos fibers into the air. We are committed to securing justice for abatement contractors and air monitors, as well as restitution for the harm they leave behind.”
The admissions by CES, in connection with pleading guilty to a one-count misdemeanor Information on May 5, 2015, included the following:
- During the period of 1999 to 2007, CES was engaged in the business of, among other things, conducting air monitoring and sampling, and performing laboratory analysis before, during, and at the conclusion of asbestos abatement (removal) projects. CES provided air sampling and laboratory analysis for asbestos abatements by AAPEX Environmental Services, Inc., and Paragon Environmental Services, Inc., which had performed illegal “rip and run” removals in which asbestos was stripped and removed dry, scattered and left behind in various locations throughout the work area, and was permitted to, and did, migrate outside of the facility and into the ambient air.
- Asbestos is a hazardous air pollutant, and severely toxic. Medical science has not established any minimum level of exposure to asbestos fibers that is considered to be safe. Before asbestos abatement, containment structures known as isolation barriers must be constructed around the abatement area by the contractor and negative air pressure maintained to ensure that contaminated air in the abatement area does not filter back to an uncontaminated area. The containment and negative air pressure must be maintained continuously from the start of the abatement work through the cleanup operations and clearance air monitoring.
- CES’s negligence, which caused the release of asbestos and the resulting imminent danger to people, involved: 1) CES employees failing in certain cases to: perform visual inspections for asbestos debris and pools of water; observe required waiting periods before sampling; record accurate sampling starting and stopping times; calibrate pumps before and after sampling; conduct aggressive air sampling (by agitating the air inside the work area to ensure that present asbestos fibers are rendered airborne for collection and measurement); and decontaminate air samplers and their equipment before leaving the asbestos work area or signing in and out of containment; and 2) CES employees, in certain cases, conducting air sampling without entering work areas; letting contractors collect air samples themselves; and overstating sampling times.
- CES thereby negligently released asbestos into the ambient air and negligently placed persons in imminent danger of death or serious bodily injury from exposure to asbestos fibers.
In 2010, a 15-count superseding indictment charged CES and others with environmental offenses and mail fraud, and a jury trial concluded with the conviction of CES and three co-defendants. In 2014, however, the U.S. Court of Appeals for the Second Circuit reversed the convictions and remanded for a new trial as to the three defendants (including CES) that appealed their convictions. The sentencing of CES for negligent endangerment resolves the pending charges against CES and two co-defendants who also appealed. Two other co-defendants face re-sentencing.
This case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division, New York Regional Office and Syracuse Resident Office, whose diligence and dedication U.S. Attorney Hartunian commended. On remand, the case was prosecuted by First Assistant U.S. Attorney Grant C. Jaquith.
Ogdensburg Man Sentenced on Child Pornography ConvictionsRead the Press Release
PLATTSBURGH, NEW YORK – Bruce Michael Dority, age 55, of Ogdensburg, New York, was sentenced today to serve 112 months in prison on his convictions for receipt and possession of child pornography, announced United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations.
Chief U.S. District Court Judge Glenn T. Suddaby also ordered Dority to serve a lifetime of supervised release, to begin upon his release from prison. Dority must also register as a sex offender.
Dority admitted that between November 2013 and April 2014, he searched on the Internet for graphic images of minors engaged in sexually explicit conduct, found such images, and downloaded such images onto his computer in order to view them. Dority also admitted that on May 6, 2014, he possessed numerous graphic image files of minors engaged in sexually explicit conduct.
This case was investigated by Homeland Security Investigations and was prosecuted by Assistant United States Attorney Katherine Kopita.
Troy Man Sentenced for Distributing Crack CocaineRead the Press Release
ALBANY, NEW YORK – Anthony Redd, age 32, of Troy, New York, was sentenced today to serve 24 months of imprisonment for distributing crack cocaine, announced United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division,
Drug Enforcement Administration.United States District Judge Mae A. D’Agostino also sentenced Redd to serve three years of supervised release after his release from prison.
As part of his February 2015 guilty plea, Redd admitted that on March 10, 2014, in Troy, he agreed to sell 30 grams of crack cocaine to another. Redd further admitted that he actually sold 26.1 grams of crack cocaine to that person, in exchange for $1,800.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Investment Advisor Sentenced to 20 Years in PrisonRead the Press Release
ALBANY, NEW YORK – Scott Valente, age 58, of East Greenbush, New York, was sentenced today to 20 years in prison, and ordered to pay about $8.2 million in restitution, after being convicted in May of securities fraud, mail fraud, and obstructing and impeding the internal revenue laws.
The announcement was made by United States Attorney Richard S. Hartunian; Shantelle P. Kitchen, Special Agent-in-Charge of the Internal Revenue Service-Criminal Investigation’s New York Field Office; and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation.
United States District Judge Gary L. Sharpe also ordered Valente, formerly of Schenectady, to serve 3 years of supervised release following his release from prison. The Securities and Exchange Commission (SEC) has also filed a civil enforcement action against Valente and his company The ELIV Group LLC in the United States District Court for the Southern District of New York.
“What Scott Valente did was terrible, both in terms of the financial ruin he caused and the emotional anguish he inflicted on his victims,” stated U.S. Attorney Richard S. Hartunian. “He stole several million dollars, improperly invested millions more, and lied to people who put their trust in him and gave him their life savings. These people are devastated. My Office and our agency partners are working hard to recoup as much money as possible for them. And as we have done for many years, we will continue to investigate and prosecute investment advisors who steal from their clients.”
“Today, Mr. Valente was held accountable for the harm he inflicted on the many investors who trusted him,” said Special Agent-in-Charge Shantelle P. Kitchen of IRS-Criminal Investigation. “Ultimately, this investigation succeeded in preventing Mr. Valente’s victims from sustaining additional losses and protecting potential investors from harm. Additionally, through his representations that he and ELIV were authorized to accept, hold and manage IRA accounts, Mr. Valente made the Internal Revenue Service an unwilling part of his investment fraud scheme. He subsequently learned how seriously IRS-Criminal Investigation takes attempts to impede and obstruct the tax laws.”
“This kind of fraud is an insidious act that involves not only criminality but a willingness to prey on others for personal gain,” said FBI Special Agent in Charge Andrew W. Vale. “The FBI is committed to working with its law enforcement partners to ensure people like Mr. Valente are held accountable for their misdeeds. The FBI is pleased to see justice for Mr. Valente’s victims.”
Valente, working out of Albany, Schenectady and Warwick, New York, operated an investment fraud scheme that began in December 2010 and ended on June 16, 2014.
Through his investment company The ELIV Group, LLC, Valente received more than $10.6 million from more than 100 individual investors, many of them residing in Upstate New York. He told them that he had achieved annual investment returns of 36.38%, 48.27%, 44.56% and 45.11% for the years 2010 through 2013, respectively. In fact, Valente lost money in each of those years.
Valente also took about $2.2 million in unauthorized management fees, which he used to enrich himself through cash withdrawals totaling $230,000, personal credit card payments totaling $443,000, and the purchases of real estate (including a $117,000 condominium in Vermont), $424,000 in home improvements, $35,000 worth of jewelry, and $20,000 worth of liquor. In addition to taking $2.2 million, Valente made substantial investments in non-public companies that will be difficult to liquidate, contrary to what he told investors he would do with their money.
Valente also falsely represented to more than 30 ELIV investors that he or his company were authorized to accept, hold and manage Individual Retirement Accounts (IRA), which get preferential treatment under U.S. tax law. In fact, neither Valente nor ELIV was authorized by the IRS to accept, establish or maintain IRA accounts. In an effort to obstruct and impede the IRS by preventing the IRS from learning of his unauthorized acceptance, holding and management of IRA accounts, Valente altered ELIV investment statements to make it appear as though ELIV had properly received certain investors’ IRA rollover investments, that ELIV was holding the investments as an IRA, and that there should be no taxable distributions to the ELIV investors.
ELIV ceased operations on June 16, 2014, when the SEC, in a separate civil proceeding, obtained a preliminary injunction enjoining ELIV’s operations and freezing its assets.
This case was investigated by Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Rick Belliss.
Plattsburgh Man Receives 40 Years for Child Pornography ProductionRead the Press Release
PLATTSBURGH, NEW YORK – Heath Powers, age 34, of Plattsburgh, New York, was sentenced today to serve 40 years in prison as a result of his convictions for production, distribution and possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation.
U.S. District Court Judge Mae A. D’Agostino also ordered Powers to serve a lifetime of supervised release, to begin upon his release from prison. Powers must also register as a sex offender.
Powers, a former youth theater group leader, admitted that between June and August 2014, he used a minor to engage in sexually explicit conduct and took photos of that conduct. Powers distributed images he produced of his victim in the hopes of receiving, from other people, additional child pornography depicting other minors.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Katherine Kopita.
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/.
News ConferenceRead the Press Release
News Conference
November 20, 2015
2:30 p.m.
U.S. Attorney’s Office, 445 Broadway, Albany, NY 12207
Second FloorALBANY, NEW YORK – United States Attorney Richard S. Hartunian, along with Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation, and Ronald Whitsett, Assistant Special Agent in Charge at the New York Office of IRS-Criminal Investigation, will hold a news conference tomorrow, November 20, at 2:30 p.m., in the U.S. Attorney’s Office.
The conference concerns the sentencing of Scott Valente, which is scheduled to take place in Albany on November 20, starting at 11 a.m., before the Hon. Gary L. Sharpe, U.S. District Judge.
Media has been granted permission to bring cameras and cell phones to the U.S. Attorney’s Office Second-Floor Conference Room.
News releases will be distributed at the conference. Further information will not be available until the conference.
Nine Men Arrested in Binghamton Area Drug InvestigationRead the Press Release
BINGHAMTON, NEW YORK – Nine (9) Binghamton area men were arrested today on federal drug conspiracy charges following an investigation by the Federal Bureau of Investigation (“FBI”), the New York State Police and the Broome County Special Investigations Unit Task Force, announced United States Attorney Richard S. Hartunian. The charges filed in federal court allege that the nine (9) men were engaged in a conspiracy to possess with intent to distribute and distribute cocaine powder, crack cocaine, heroin, marijuana and prescription drugs as part of a drug trafficking organization known as “the Eddie Block Gang.” The criminal complaint alleges that the conspiracy operated from January 2014 to present.
The defendants are:
IZABIVONE L. HUGHES, aka “Zay” and “Baby Boy,” age 22, of Johnson City, New York
ANTHONY E. BOYD, JR., aka “Height,” age 24, of Endicott, New York
TERRILL S. COLLINS, aka “LI” and “Neva Curve,” age 23, of Binghamton, New York
JOHN P. ABBADESSA, age 21, of Binghamton, New York
JALON T. PARKER, aka “Flex” and “Slizzy” age 23, of Binghamton, New York
ANTHONY J. RANDOLPH, JR., aka “Bleach,” age 29, of Binghamton, New York
RASHAWN C. CAUTHEN, aka “Tego,” age 24, of Binghamton, New York
AALIM M. SHABAZZ, aka “Hash,” age 23, of Binghamton, New York
and THEODORE J. COOK, aka “Tato,” age 27, of Binghamton, New YorkIf convicted of drug conspiracy, the defendants face maximum sentences of up to life imprisonment, minimum sentences of at least ten (10) years imprisonment, a term of supervised release of at least five (5) years following imprisonment and a fine of up to $10 million.
Anthony J. Randolph, Jr., aka “Bleach” is also charged with possession of a firearm by a convicted felon and faces a maximum sentence of up to ten (10) years imprisonment, a term of supervised release of three (3) years following imprisonment, and a fine of up to $250,000.
The defendants were arraigned today in Binghamton, New York, before United States Magistrate Judge Therese Wiley-Dancks
The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.
This case was investigated by The FBI, The New York State Police and the Broome County Special Investigations Unit Task Force, which is comprised of officers and detectives of the City of Binghamton Police Department, the Broome County Sheriff’s Office, the Johnson City Police Department and the Endicott Police Department, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Cayuga County Postmaster Convicted of EmbezzlementRead the Press Release
SYRACUSE, NEW YORK –Yesterday Grover Horn, 71, of Cayuga County, New York, pled guilty and was sentenced in federal court for embezzling money orders and cash from the U.S. Post Office in Martville, New York, announced United States Attorney Richard S. Hartunian and Eileen Neff, Special Agent in Charge, United States Postal Service, Office of Inspector General (USPS OIG), Northeast Area Field Office. Following the entry of his guilty plea, Horn was sentenced to a one (1) year term of probation and 50 hours of community service. The defendant was also ordered to pay more than $6,000 in restitution to the United States Postal Service.
The defendant admitted in court that he used his position as Postmaster to embezzle more than $6,000 in money orders and cash over a period of several weeks during July and September 2015. Horn was an employee of the Postal Service for more than 30 years.
This case was investigated by USPS Office of Inspector General and was prosecuted by Assistant United States Attorney Michael F. Perry.
Alien Smuggler Sentenced to Three-Year Prison TermRead the Press Release
SYRACUSE, NEW YORK – Yesterday Ergys Metashi, 34, of Ontario, Canada, was sentenced to a term of three (3) years in prison, followed by a three-year term of supervised release, in connection with his conviction after trial for bringing an alien to the United States for the purpose of financial gain, announced United States Attorney Richard S. Hartunian, Homeland Security Investigations, Assistant Special Agent in Charge Nicholas DiNicola, and Timothy J. Walker, Area Port Director, U.S. Customs and Border Protection, Area Port of Alexandria Bay.
Ergys Metashi, a commercial truck driver originally from Albania who lives and works in Canada, was convicted following a July jury trial in federal court of bringing an alien to the United States from Canada through the Alexandria Bay Port of Entry, New York, on March 31, 2015. The evidence at trial showed that Metashi agreed to smuggle the alien, a fellow Albanian, into the United States by hiding him in the sleeping compartment of a tractor trailer in exchange for the promise of a payment of several thousand American dollars. During an inspection, U.S. Customs and Border Protection Officers found the alien hiding under a blanket in the truck and arrested Metashi.
This case was investigated by Homeland Security Investigations and U.S. Customs and Border Protection, and was prosecuted by Assistant United States Attorney Michael F. Perry.
Watertown Man Sentenced to 130 Months in Prison for Armed RobberyRead the Press Release
SYRACUSE, NEW YORK – Robert A. Williams, 24, of Watertown, NY, was sentenced yesterday to serve 130 months imprisonment followed by 5 years of supervised release in connection with the armed robbery of a convenience store in Watertown, announced U.S. Attorney Richard S. Hartunian. On July 8, 2014 Williams pled guilty in U.S. District Court to using and carrying a sawed-off shotgun during and in relation to a crime of violence, and being a felon in possession of firearms and ammunition.
In July 2013, Robert Williams and Robert Mono stole four shotguns, a rifle, and ammunition from a residence in Lewis County. Williams and Mono used a hacksaw to cut down the barrels and stocks of the four shotguns. On July 31, 2013, Williams and Yarbrough Latulas entered a Sunoco located at 1222 Washington Street, Watertown, New York where WILLIAMS pointed one of the stolen sawed-off 12 gauge shotguns at the store clerk and stated “give me your money.” The clerk then opened the cash register and handed over $513.00 in cash. Yarbrough Latulas stole $395.00 in tobacco products from behind the counter and instructed the clerk to get on the floor.
Yarbrough Latulas was convicted after trial in U.S. District Court for interference with interstate commerce by robbery, and using and carrying a sawed-off shotgun during and in relation to a crime of violence. He was sentenced on November 5, 2015 to eighteen years in prison. Robert Mono pled guilty in U.S. District Court to being a felon in possession of firearms and ammunition and was sentenced on October 14, 2015 to nine years in prison.
This prosecution resulted from an investigation conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Syracuse, New York, the Watertown Police Department and the Metro-Jefferson Drug Task Force. The case was prosecuted by Assistant United States Attorneys Ransom P. Reynolds and Nicolas Commandeur.Leon Convicted of PerjuryRead the Press Release
ALBANY, NEW YORK – Today, a federal jury trial culminated in the conviction of Edward A. Leon, 43, of St. Johnsville, New York, of two 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 (ATF) New York Field Division.
Leon faces an aggregate maximum sentence of imprisonment of 10 years (5 years for each count of conviction), a $500,000 fine, and a term of supervised release of up to five years when he is sentenced on March 8, 2016 by United States District Judge Gary L. Sharpe.
The jury voted to convict on November 12, following a three-day trial. The perjury convictions are for two false declarations that Leon made in testimony before a grand jury conducting an investigation into the fire on May 2, 2013 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.
Leon falsely testified regarding his travel on May 2, 2013, claiming that he had driven straight from the Cumberland Farms in Palatine Bridge to work in Amsterdam, New York, when he had actually driven first to Schenectady, was driving on Hamilton Street near its intersection with Hulett Street, and was in the area of 438 Hulett Street at the time of the fire. Leon also falsely testified in denying that he had used a particular telephone to send text messages to David Terry, some of which were threatening, from April 25 to 29, 2013.
“The defendant’s perjury was a flagrant affront to the integrity of our system of justice and the fact-finding process,” stated U.S. Attorney Richard S. Hartunian. “He intentionally impeded the investigation into an arson murder, with very significant consequences. Neither the defendant’s crime nor the passage of time have dimmed our resolve to secure justice for the victims and their families. We are grateful for the outstanding work and dedication of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Schenectady Police Department, and of the Schenectady Fire Department.”
This case was investigated by the ATF, 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 $12,000 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].
Inmate Pleads Guilty to Assaulting Correctional OfficerRead the Press Release
ALBANY, NEW YORK – Lamar McFadden, 30, of Newark, New Jersey, pled guilty yesterday to assaulting a federal officer and inflicting bodily injury, announced United States Attorney Richard S. Hartunian and Steve Langford, Warden of Federal Correctional Institution (FCI) Ray Brook.
McFadden pled guilty pursuant to a plea agreement calling for a sentence of 72 months of imprisonment, to be served consecutively to his current term of imprisonment ,and three years of supervised release. That sentence is subject to approval by Chief U.S. District Court Judge Glenn T. Suddaby; sentencing is scheduled for March 1, 2016 in Albany.
On August 27, 2014, McFadden was an inmate at FCI Ray Brook in Ray Brook, New York, when a Bureau of Prisons officer instructed him to perform his prison job. McFadden refused, and when the officer attempted to escort him to the lieutenant’s office, McFadden pushed the officer to the ground and held him in a headlock in the prison dining hall. In the course of the assault, McFadden wounded the officer’s scalp and forehead, causing bleeding to the scalp.
This investigation was conducted by the U.S. Bureau of Prisons and is being prosecuted by Assistant United States Attorney Cyrus P.W. Rieck.
Florida Man Pleads Guilty to Investment Fraud ConspiracyRead the Press Release
SYRACUSE, NEW YORK –Burton Greenberg, 75, of Plantation, Florida pled guilty on November 6, 2015, in Federal Court in Fort Lauderdale, Florida to a Northern District of New York indictment charging him with conspiracy to commit wire fraud, announced United States Attorney Richard S. Hartunian and FBI Special Agent In Charge Andrew W. Vale. Greenberg faces a maximum term of twenty years imprisonment, a fine of up to $250,000, an order of restitution in the amount of over $10 million and a forfeiture money judgment of over $10 million. Sentencing is scheduled for January 22, 2016 in federal court in Fort Lauderdale, Florida.
Greenberg is President/CEO of M&P Global Financial Services, Incorporated, a Florida based corporation that entered into agreements in 2001 with Global Financial Fund 8, LLP, a company that solicited and received over $10 million from investors located throughout the United States, including residents of the Northern District of New York. As part of his guilty plea, Greenberg admitted that rather than investing the money in a secure investment as promised, he instead used the funds to make separate investments on his own behalf. In an effort to avoid detection and allow him to continue to divert money for his own use, Greenberg helped orchestrate the payment of phony "profit" distributions to investors in 2004 and 2005 which were merely a partial return of their principal investment. Further, from 2004 to 2013 Greenberg repeatedly assured the investors via e-mail that their investments were secure and profitable when he knew this was false.
The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Geoffrey Brown.
Watertown Man Sentenced to 18 Years in Prison for Armed RobberyRead the Press Release
SYRACUSE, NEW YORK – Yarbrough Latulas, 31, of Watertown, NY, was sentenced today to serve 216 months imprisonment followed by 3 years of supervised release in connection with the armed robbery of a convenience store in Watertown, announced U.S. Attorney Richard S. Hartunian. On May 22, 2015 Latulas was found guilty of conspiracy to interfere with interstate commerce by robbery, interference with interstate commerce by robbery, and using and carrying a sawed-off shotgun during and in relation to a crime of violence, following a five day jury trial in United States District Court in Syracuse. The sentence imposed today included an enhancement for obstruction of justice based upon the defendant’s false testimony during the trial.
The evidence at trial established that on July 31, 2013, Yarbrough Latulas and Robert Williams acted together when they entered the Sunoco mini-mart at 1222 Washington Street, Watertown, New York where Latulas stole money and tobacco products while Robert Williams pointed a sawed-off 12 gauge shotgun at the store clerk. Robert Williams pled guilty to participating in the armed robbery and will be sentenced on November 12, 2015.
This prosecution resulted from an investigation conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Syracuse, New York, the Watertown Police Department and the Metro-Jefferson Drug Task Force. The case was prosecuted by Assistant United States Attorneys Ransom P. Reynolds and Nicolas Commandeur.
Rensselaer Man Ordered to Pay $54,000 in Restitution for Theft of Government PropertyRead the Press Release
ALBANY, NEW YORK – Lawrence Macera, age 65, of Rensselaer, was sentenced yesterday to serve two years of probation and to pay $54,041.43 in restitution on a conviction of theft of government property, announced United States Attorney Richard S. Hartunian and Martin J. Dickman, Inspector General for the United States Railroad Retirement Board.
In May, Macera pled guilty to a one-count Information charging theft of government property. Macera was sentenced by U.S. District Court Judge Mae A. D’Agostino.
Macera was prosecuted for receiving approximately $54,041.43 of retirement benefits to which he was not entitled. Specifically, Macera, who was receiving a disability annuity from the Railroad Retirement Board at the time, failed to report income that he received between January 1, 2009 and December 31, 2010. His failure to report that income caused the Railroad Retirement Board to pay him money to which he was not entitled.
This case was investigated by the United States Railroad Retirement Board, Office of Inspector General, and prosecuted by Assistant United States Attorney Emily T. Farber.
New Jersey Man Sentenced to Prison for Stealing from Charitable OrganizationRead the Press Release
ALBANY, NEW YORK – Ian Finn, age 39, of Summit, New Jersey, was sentenced yesterday to 21 months of imprisonment for a wire fraud conviction arising from his theft of $238,000 from a charity, 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.
United States District Judge Gary L. Sharpe also ordered Finn to pay restitution of $238,000 to his victim and sentenced him to three years of supervised release to be served after he is released from prison.
As part of his November 2014 guilty plea, Finn admitted that, while serving as the elected corporate treasurer on the Board of Directors for Rensselaer Acacia Corporation, a charitable organization that holds assets for the Acacia Fraternity at Rensselaer Polytechnic Institute in Troy, New York, he stole $238,000 from the organization’s accounts for his personal use and the use of his friends and family. Finn used the stolen funds to pay personal expenses, including for vacations, bar tabs and electronics. Finn attempted to cover up the theft by making misrepresentations to the organization’s Board of Directors over many years.
This case was investigated by the United States Attorney’s Office for the Northern District of New York and the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Wayne A. Myers.
Nassau Man Indicted for Unlawfully Possessing FirearmsRead the Press Release
ALBANY, NEW YORK – Cory M. Saddlemire, age 34, of Nassau, was indicted today for unlawfully possessing multiple firearms, announced United States Attorney Richard S. Hartunian and Delano A. Reid, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.
The charges filed against Saddlemire carry 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.
Saddlemire is prohibited from possessing firearms because of a Protective Order pending against him and his prior felony conviction.
The charges in the Indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the ATF and the Village of Nassau Police Department, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock in coordination with the Rensselaer County District Attorney’s Office.
Gloversville Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
ALBANY, NEW YORK – James Newland, age 30, was indicted today for moving to Gloversville, New York, from California without updating his sex offender registration, announced United States Attorney Richard S. Hartunian.
The charge filed against Newland 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.
Newland was arrested last month on a Criminal Complaint. On October 13, he appeared before United States Magistrate Judge Christian F. Hummel in Albany and was detained following a detention hearing.
Newland was charged with a violation of the Sex Offender Registration and Notification Act (“SORNA”), also known as the Adam Walsh Protection and Safety Act, which requires a convicted sex offender to register where he or she resides, is employed, or is enrolled as a student, and to keep any registration current.
The charges in the Indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Newland’s arrest is the result of an investigation by the United States Marshals Service Sex Offender Investigation Branch, North East Region; the United States Marshals New York/New Jersey Regional Fugitive Task Force; the Johnston Police Department; and the Gloversville Police Department. The case is being prosecuted by Assistant United States Attorney Solomon B. Shinerock.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Troy Brothers Indicted for Health Care FraudRead the Press Release
ALBANY, NEW YORK – Michael VonFricken and John VonFricken were indicted separately for obtaining false receipts for orthodontic services and submitting them to their union’s health care plan, announced United States Attorney Richard S. Hartunian.
The charges carry 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.
Both defendants were arraigned on November 3, 2015 in Albany, New York, before United States Magistrate Judge Christian F. Hummel, and released pending a trial scheduled for January 4, 2016 before United States District Judge Mae A. D’Agostino.
John VonFricken, age 55, of Troy, New York, is charged with health care fraud for obtaining $54,600 in reimbursements from the Health and Welfare Plan of the Plumbers and Steamfitters, Local Union Number 7.
Michael VonFricken, age 44, of Troy, is charged with health care fraud for obtaining $32,732 in reimbursements from the Health and Welfare Plan of the Plumbers and Steamfitters, Local Union Number 7.
The charges in the Indictment are merely accusations. The defendants are presumed innocent until proven guilty.
This case is being investigated by the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, and the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Solomon B. Shinerock.
Real Estate Appraiser Ordered to Pay $75,297.94 for Attempted Tax EvasionRead the Press Release
ALBANY, NEW YORK – Peter Kellner, age 77, of Sunrise, Florida, was sentenced yesterday to two years of probation and ordered to pay restitution in the amount of $75,297.94, following his conviction for attempted tax evasion, announced United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.
Kellner was sentenced in Albany by U.S. District Judge Mae A. D’Agostino. He pleaded guilty on November 3, 2014.
Kellner, a licensed real estate appraiser formerly of Philmont, New York, incurred a personal tax liability that had grown to approximately $86,179.94 by October 2008. In an effort to reduce his owed tax, Kellner submitted a false Offer of Compromise to the Internal Revenue Service, falsely reporting assets totaling $8,612. However, at that time, Kellner had assets totaling $79,263 in the form of 81 United States Postal Money Orders that he did not disclose to the IRS. On the basis of the false information Kellner provided, the IRS approved his Offer of Compromise on May 26, 2009, allowing him to resolve his tax debt for only $8,612. After his tax debt was resolved, Kellner negotiated approximately $78,540 in Postal Money Orders between May 26, 2009 and October 2010, and the IRS thereafter discovered that Kellner had attempted to evade the payment of his taxes.
This case was investigated by IRS-Criminal Investigation’s New York Field Office and was prosecuted by Assistant United States Attorney Ransom P. Reynolds.
Jury Convicts Three of Marriage FraudRead the Press Release
ALBANY, NEW YORK – A jury voted yesterday to convict three people of entering into fraudulent marriages for the purpose of allowing two of them to unlawfully remain in the United States, announced United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations.
Gaurav Mehta, age 35, a citizen of India, was convicted of one count of marriage fraud and two counts of immigration fraud. Isha Mehta, age 32, a citizen of India, also known as Isha Kamboj and Isha Johnson, was convicted of one count of marriage fraud and one count of immigration fraud. Mary Opoka, age 55, of Troy, New York, was convicted of one count of marriage fraud.
The Mehtas each face up to 10 years in prison on each of the immigration fraud convictions. Each defendant faces a maximum of 5 years in prison on their marriage fraud conviction. Senior United States District Court Judge Thomas J. McAvoy is scheduled to sentence the three defendants on March 14, 2016 in Albany.
The jury reached a verdict on November 3, after a 6-day trial.
The evidence at trial established: Gaurav and Isha Mehta were married in India in February 2006. They divorced in India in 2009, but then flew together, along with their child, to the United States, eventually settling in Menands, New York, and working together at a Menands gas station. The Mehtas came to the United States on 6-month tourist visas that expired in 2010; neither had authorization to stay in the United States.
In October 2011, Opoka, a U.S. citizen, and Gaurav Mehta, an alien unlawfully present in the United States as of January 2010, were married in Troy. The marriage was designed to enable Gaurav Mehta to stay in the United States. Because of the fraudulent marriage to a U.S. citizen, Gaurav Mehta was issued an employment authorization document and a conditional permanent resident card that he was not eligible to receive.
Isha Mehta, an alien unlawfully present as of January 2010, married Brandon Johnson, a U.S. citizen, in Troy in January 2013. Gaurav Mehta paid Johnson $2,000 to marry Isha. The marriage was designed to enable Isha Mehta to stay in the United States. Because of the fraudulent marriage to a U.S. citizen, Isha Mehta was issued an employment authorization document that she was not eligible to receive.
On March 12, 2014, Brandon Johnson pled guilty to marriage fraud; he is scheduled to be sentenced on February 17, 2016.
The case was investigated by Homeland Security Investigations with assistance from the Menands Police Department, and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Troy Man Sentenced to 4 Years in Prison for Possessing A HandgunRead the Press Release
ALBANY, NEW YORK – Ronnie Robinson, age 21, of Troy, New York, was sentenced today to four years in prison after being convicted of the crime of felon in possession of a firearm, announced 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 Rensselaer Police Department Chief Frederick Fusco.
Robinson was a passenger in a car stopped by the Rensselaer Police Department for a traffic violation in the early morning hours of June 24, 2014. When asked to exit the vehicle, he fled on foot and in the course of his flight dropped a handgun. After further pursuit, Robinson was captured and the handgun was recovered. At the time, Robinson had prior state felony convictions for attempted criminal possession of a narcotic drug (third degree) and attempted reckless endangerment (first degree).
The four-year sentence of imprisonment, imposed by U.S. District Court Judge Gary L. Sharpe, will be served consecutively to the 18-month to 3-year sentence of imprisonment Robinson is currently serving for an unrelated state conviction. Following his release from prison, Robinson will be required to serve three years of supervised release.
The case was investigated by the ATF and the Rensselaer Police Department, and was prosecuted by Assistant United States Attorney Cyrus P.W. Rieck.
Utica Man Pleads Guilty to Three Bank RobberiesRead the Press Release
ALBANY, NEW YORK – Calvin Stephon Moore, age 50, of Utica, pleaded guilty today to three 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.
Moore faces up to 20 years of imprisonment, up to three years of supervised release and a maximum $250,000 fine when he is sentenced by Senior United States District Judge Thomas J. McAvoy on February 10, 2016 in Albany.
Moore committed 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 stated to 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.
On the evening of December 30, officers from the Cayce, South Carolina, Police Department 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 and several $20 bills.
Officers set up a perimeter near the motel and began identifying people in the area. One person they stopped was Moore, who, when his identification was checked, was found to have a federal arrest warrant for bank robberies committed in the Northern District of New York.
Officers determined that Moore was staying at the motel that had called the police, and obtained and executed a search warrant for Moore’s room. Officers recovered about $965 in U.S. currency; the serial numbers on some of this currency matched the serial numbers of some of the currency taken earlier in the day from the First Citizens Bank branch.
The investigation into the Schenectady and Utica robberies was conducted by the Albany Division of the Federal Bureau of Investigation, 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 case is being 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.
Gloversville Accountant Admits to Preparing False Tax ReturnsRead the Press Release
ALBANY, NEW YORK – Carmen Gentile, Jr., age 53, of Amsterdam, New York, pleaded guilty yesterday to conspiracy to defraud the United States and file fraudulent tax returns, announced United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.
Gentile faces a maximum penalty of five years of imprisonment, a fine of $250,000, and a maximum term of supervised release of three years when he is sentenced on February 17, 2016 by United States District Judge Gary L. Sharpe. Gentile may also be ordered to reimburse the government for any tax loss resulting from his conduct.
As part of his guilty plea, Gentile, the owner and operator of Complete Financial Accounting Services in Gloversville, New York, admitted that from March 2006 through April 2008, he and co-conspirators Angela Witzke and Michele Lennon worked together to prepare, and submit to the IRS, dozens of tax returns for clients that omitted income and claimed inflated charitable contributions, expenses, and losses. Gentile and his co-conspirators filed these returns despite knowing they contained false statements concerning their clients’ income, expenses, and losses.
Both Witzke and Lennon have also pleaded guilty to conspiracy to defraud the United States and file fraudulent tax returns; both are scheduled to be sentenced on January 14 by Judge Sharpe.
This case was investigated by IRS-Criminal Investigation’s New York Field Office and is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Three Keeseville Residents Indicted on Methamphetamine ChargesRead the Press Release
PLATTSBURGH, NEW YORK – Three Keeseville residents have been indicted on charges related to the manufacture and distribution of methamphetamine and the possession of pseudoephedrine for use in the manufacture of methamphetamine, announced United States Attorney Richard S. Hartunian, Special Agent in Charge James J. Hunt, New York Division,
Drug Enforcement Administration, and New York State Police Superintendent Joseph A. D’Amico.The four-count indictment alleges that Michael Lecuyer, 37, of Keeseville; Anita Lecuyer, 36, of Keeseville; and Keith Wolfe, 46, of Keeseville, conspired to manufacture, possess with intent to
distribute, and to distribute methamphetamine. The indictment also charges each defendant with possession and distribution of a listed chemical, specifically pseudoephedrine, knowing and
having reasonable cause to believe it would be used to manufacture methamphetamine.The defendants were arraigned on October 13 and released pending trial, which is scheduled for December 14, 2015, in Syracuse before United States District Judge Brenda K. Sannes.
If convicted on the conspiracy charge, the maximum penalties each defendant faces are a term imprisonment of 20 years, a $1,000,000 fine, and lifetime supervised release. If convicted of possession and distribution of a listed chemical, the maximum penalties each defendant faces are a term of imprisonment of 20 years; a $250,000 fine; and 3 years of supervised release.
The charges in the indictment are merely accusations. Each defendant is presumed innocent until proven guilty.
This case is being investigated by the Drug Enforcement Administration, the New York State Police, the High Intensity Drug Trafficking Areas Program of New York and New Jersey, the Plattsburgh Police Department, the Clinton County District Attorney’s Office, and the Essex County District Attorney’s Office. Assistant United States Attorney Katherine Kopita is prosecuting the case.
Jury Convicts Catskill Man and Coxsackie Woman of Benefits FraudRead the Press Release
ALBANY, NEW YORK – A jury on Friday voted to convict John W. Caltabiano, Jr., age 48, of Catskill, and Colleen J. McCarten, age 43, of Coxsackie, of conspiracy to commit mail fraud, five counts of mail fraud, and theft of government property, announced 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 on October 16, after a two-week trial. Caltabiano and McCarten face up to 20 years in prison on each of the conspiracy and mail fraud counts, and a maximum of 10 years of imprisonment on the theft of government property count. United States District Judge Mae A. D’Agostino is scheduled to sentence them on February 18, 2016.
Between April 2008 and October 2010, Caltabiano and McCarten conspired to steal Social Security Disability and Workers’ Compensation benefits by falsely presenting Caltabiano as completely blind to the SSA, the New York State Workers’ Compensation Board and Travelers Insurance. Surveillance videos showed Caltabiano driving, shopping and otherwise moving about without assistance.
“The jury’s verdict holds the defendants accountable for pretending that one of them was completely blind in order to increase his Social Security Administration and workers’ compensation benefits,” stated U.S. Attorney Richard S. Hartunian. “My office will continue to work with the Social Security Administration’s Office of the Inspector General to ensure that such deceit does not pay.”
“We applaud the jury’s verdict and the successful efforts of the U.S. Attorney’s Office and the Social Security Administration’s Office of General Counsel in bringing this case to justice,” stated Edward J. Ryan, Special Agent-In-Charge of the SSA Office of the Inspector General. “As guardians of the public trust, our office will continue to investigate SSA beneficiaries who feign their medical conditions and submit false documentation to the SSA. Our successful criminal prosecutions protect the SSA trust funds for those who truly deserve disability benefits.”
This case was investigated by the Social Security Administration Office of the Inspector General and the New York State Workers’ Compensation Board, and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman and Special Assistant U.S. Attorney Jason W. White.
Guyanese Woman Pleads Guilty to Trafficking in Counterfeit Credit Cards and Aggravated Identity TheftRead the Press Release
ALBANY, NEW YORK – Georgette Jackman, age 37, a citizen of Guyana, pleaded guilty on October 16 to conspiracy to commit access device fraud, aggravated identity theft, and trafficking in counterfeit access devices, announced United States Attorney Richard S. Hartunian and Todd Laster, Special Agent in Charge of the Buffalo Field Office of the U.S. Secret Service.
Jackman was detained pending sentencing, which is scheduled for February 18, 2016 in Albany before United States District Judge Mae A. D’Agostino. She faces up to 15 years of imprisonment on the conspiracy and trafficking charges, and a mandatory two years of imprisonment on the aggravated identity theft charge, which must be served consecutive to any other sentence of imprisonment. Jackman also faces deportation from the United States following the completion of her punishment.
As part of her guilty plea, Jackman admitted that from February 2012 through January 2013, she and co-conspirators Jamese Williams and Terry Nicholas travelled together by car on a regular basis to stores throughout New York, Massachusetts, New Hampshire, Vermont and Connecticut, including approximately 47 Price Chopper grocery stores. During these trips Jackman provided Williams and Nicholas with hundreds of counterfeit credit cards bearing stolen account numbers and embossed names that did not correspond to the actual account holders. Williams and Nicholas used these cards to purchase $435,465 worth of gift cards, which they gave to Jackman.
This case was investigated by the Secret Service and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Watertown Man Sentenced to 9 Years in Prison for Possessing Sawed-Off FirearmsRead the Press Release
SYRACUSE, NEW YORK –ROBERT MONO, 29, of Watertown, New York was sentenced yesterday in federal court to serve 112 months imprisonment to be followed by 3 year term of supervised release as the result of his convictions for possession of sawed-off firearms and ammunition by a convicted felon, and possession of unregistered firearms, announced United States Attorney Richard S. Hartunian.
"Keeping firearms and ammunition from felons and sawed-off shotguns off the streets are critically important to the safety of our communities. We are committed to the inter-agency cooperation that affords the best protection against tragedy," said U.S. Attorney Hartunian.
ROBERT MONO’s sentence resulted from his possession of four sawed-off shotguns, a rifle, and various types of ammunition at a residence in Watertown on July 23, 2013. MONO stole the five firearms and ammunition during a residential burglary and then used a hacksaw to shorten the barrels and stocks of the four shotguns. MONO also sold at least one of the four sawed-off shotguns to another person. MONO was previously convicted in Jefferson County Court of Burglary in the Third Degree, a felony.
The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, (Syracuse, New York Office), the Watertown Police Department and the Metro-Jefferson Drug Task Force. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds.
East Greenbush Man Sentenced to 6 Years in Prison for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Howard Eugene Hazelton II, age 63, of East Greenbush, was sentenced today to serve 72 months in prison for distribution, receipt, and possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
In May, Hazelton pleaded guilty to an eight-count indictment, consisting of two counts of distribution of child pornography, one count of receipt of child pornography, and five counts of possession of child pornography.
U.S. District Court Judge Thomas J. McAvoy also sentenced Hazelton to 15 years of supervised release, to begin following his term of imprisonment, and to pay $2,500 to a child pornography victim.
Hazelton was prosecuted after he used the Internet to distribute child pornography to undercover officers of the Saratoga Springs and Colonie Police Departments. Subsequently, the FBI executed a search warrant on Hazelton’s home and seized electronic devices that contained sexually explicit images and videos of minors.
This case was investigated by the FBI, the Saratoga Springs Police Department and the Colonie Police Department, and prosecuted by Assistant U.S. Attorney Emily T. Farber and former Special Assistant U.S. Attorney Amanda Cox.
Connecticut Man Indicted for Distributing and Receving Child PornographyRead the Press Release
ALBANY, NEW YORK – Parker Sikand, age 23, of Ellington, Connecticut, was indicted last month on three felony charges of distributing, receiving and possessing child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
Upon conviction, Sikand would face a mandatory minimum penalty of 5 years imprisonment on the distribution and receipt charges, with a maximum penalty of 20 years on each of the three charges. He would also face a potential 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.
Sikand has been released and is subject to pretrial supervision pending a trial scheduled for December 7, 2015 before United States District Court Judge Mae A. D’Agostino. He was indicted on September 24.
Sikand was living in Troy, New York, at the time of his alleged conduct.The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is prosecuted as a 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.
Canadian Man Gets 2 Years in Prison for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK – Jean Jacques Joseph Binette, age 53, of Canada, was sentenced today to serve 24 months in prison for illegally re-entering the United States, announced 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.
In August, Binette pleaded guilty to a violation of the Immigration and Nationality Act, which prohibits previously removed aliens from entering, attempting to enter or being found in the United States without permission. Binette was sentenced by U.S. District Court Judge Lawrence E. Kahn. Following Binette’s prison term, he will be removed from the United States.
Binette was prosecuted after he was encountered in June 2015 by the New York State Police in Dresden, New York. Immigration and Customs Enforcement (ICE) Officers then determined that Binette was an alien unlawfully present in the United States.
A check of Binette’s fingerprints indicated that he had been deported from the United States to Canada in 2000 after being convicted of an aggravated felony in Cook County, Illinois, in 1994. Binette was also deported a second time in 2002.
This case was investigated by U.S. Immigration and Customs Enforcement, with assistance from the New York State Police, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Albany Man Pleads Guilty to Importing A Controlled SubstanceRead the Press Release
ALBANY, NEW YORK – Damon J. Murray, age 27, of Albany, pleaded guilty today to importing the controlled substance ethylone into the United States, announced U.S. Attorney Richard S. Hartunian and Homeland Security Investigations (HSI) Assistant Special Agent in Charge Nicholas DiNicola.
Murray will face a maximum term of imprisonment of 30 years, a maximum fine of $2 million, and a term of supervised release of at least 6 years and up to life when he is sentenced on February 11, 2016 by United States District Judge Mae A. D’Agostino.
Ethylone, which is often used as a party drug, has been categorized as a Schedule I controlled substance since March 2014.
On February 12, 2015, U.S. Customs and Border Protection Officers in Cincinnati, Ohio, intercepted a package that had been sent from China to the United States, and which was addressed to “Damon Murray LLC” at the defendant’s residential address in Albany. The package was found to contain about 400 grams of ethylone. On February 26, 2015, the defendant accepted and signed for the package. HSI Special Agents then arrested the defendant, who admitted ordering the ethylone from China and also previously selling ethylone to others, sometimes marketing it as “molly.”
This case was investigated by Homeland Security Investigations, with assistance from the Albany County Sheriff’s Office and U.S. Customs and Border Protection. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Former Ithaca Accountant and Florida Man Arrested for Investment Fraud ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Bruce Kane, 60, a former resident of Ithaca, New York who currently resides in Fort Lauderdale, Florida, and Burton Greenberg, 75, of Plantation, Florida were arrested today in Florida on a Northern District of New York indictment charging them with conspiracy to commit wire fraud, announced United States Attorney Richard S. Hartunian and FBI Special Agent In Charge Andrew W. Vale.
As alleged in the Indictment, Bruce Kane is the Managing Partner, Treasurer and Secretary of an investment partnership, Global Financial Fund 8, LLP, that solicited and received over $10 million from investors located throughout the United States, including residents of the Northern District of New York. The indictment alleges that Burton Greenberg, President/CEO of M&P Global Financial Services, Incorporated, a Florida based corporation, entered into agreements in 2001 with Kane and others to invest the $10 million on behalf of investors. The indictment further alleges that rather than investing the money in a secure investment as promised, the defendants instead used the funds to pay off personal debts, cover rent on a waterfront condominium, purchase a boat and make separate investments of their own. According to the indictment, in an effort to avoid detection and allow them to continue to improperly use the investors $10 million, the Defendants sent investors phony "profit" payments in 2004 and 2005 which were in reality a partial return of their principal investment. Further, the indictment alleges that from 2004 to 2013 the Defendants repeatedly assured the investors via e-mail that their investments were secure and profitable when they knew that was not the case.
Burton Greenberg appeared today in federal court in Ft. Lauderdale, Florida where he pled not guilty. Bruce Kane is scheduled to appear in court tomorrow. The case will be prosecuted in the Northern District of New York. If convicted, they face a maximum term of imprisonment of twenty years, a maximum fine of $250,000 and a potential forfeiture money judgment of $10 million.
The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Geoffrey Brown.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
East Greenbush Nurse Indicted, Accused of Obtaining Controlled Substance from Hospital SyringesRead the Press Release
ALBANY, NEW YORK – Nathan Baum, age 30, of East Greenbush, New York, was indicted on September 30, 2015 for tampering with a consumer product and obtaining controlled substances by deception and subterfuge, announced United States Attorney Richard S. Hartunian; Special Agent in Charge Jeffrey G. Hughes of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Acting Special Agent in Charge Jeffrey J. Ebersole of the U.S. Food and Drug Administration Office of Criminal Investigations.
The Indictment alleges that Baum, as a licensed practical nurse working at the Veterans Affairs Medical Center hospice ward, in Albany, improperly accessed syringes that contained oxycodone hydrochloride. Between April 8, 2014 and May 16, 2014, according to the Indictment, Baum removed the oxycodone hydrochloride from at least 25 syringes and replaced it with haloperidol.
Oxycodone hydrochloride, a Schedule II controlled substance, is a highly addictive narcotic analgesic used to treat moderate to severe pain and is to be prescribed only when medically required. Haloperidol, often marketed as Haldol, is an anti-psychotic medication used to treat certain mental/mood disorders and to treat uncontrolled movements or agitation.
Tampering with a consumer product 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. Obtaining controlled substances by deception and subterfuge carries a maximum sentence of 4 years in prison and a fine of up to $250,000.
Baum was arraigned on October 2 in Albany before United States Magistrate Judge Christian F. Hummel and released under pretrial supervision pending a trial scheduled for December 1 before United States District Court Judge Lawrence E. Kahn.
The charges in the Indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the U.S. Department of Veterans Affairs Office of Inspector General and the Food and Drug Administration Office of Criminal Investigations, and is being prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Previously Removed Alien Pleads Guilty to Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK – Rafael Zapata, age 67, of the Dominican Republic, pleaded guilty today to illegally re-entering the United States following removal, announced United States Attorney Richard S. Hartunian and Border Patrol Chief Patrol Agent John C. Pfeifer.
Zapata faces a maximum of 20 years in prison, a maximum $250,000 fine, and a term of supervised release of up to 3 years when he is sentenced on February 3, 2016 by United States District Judge Mae A. D’Agostino.
Zapata pleaded guilty to a violation of the Immigration and Nationality Act (INA), which prohibits previously removed aliens from entering, attempting to enter, or being found in the United States without permission.
Zapata was encountered on July 28, 2015 by St. Regis Mohawk Tribal Police officers after crossing the border on the Akwesasne Reservation near Hogansburg, New York. Border Patrol agents responded and arrested Zapata when they determined that he was an alien unlawfully present in the United States. A check of Zapata’s fingerprints by Border Patrol indicated that he had been deported and removed from the United States to the Dominican Republic in 2008 after being convicted of a drug trafficking crime in 2003 in the United States District Court for the Southern District of New York.
This case was investigated by the United States Border Patrol with assistance from the St. Regis Mohawk Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Jury Convicts Man of Alien SmugglingRead the Press Release
ALBANY, NEW YORK – A jury last week found Ronaldo Reyes, 39, of Quebec, Canada, guilty of conspiracy to bring aliens to the United States and seven counts of bringing an alien to the United States, announced United States Attorney Richard S. Hartunian, United States Border Patrol Chief Patrol Agent John C. Pfeifer, and Homeland Security Investigations (HSI) Resident Agent in Charge Allen Vanscoy.
Reyes was indicted and extradited from Canada earlier this year. He faces at least five years and a maximum of fifteen years in prison when sentenced by United States District Judge Frederick J. Scullin Jr., as well as a maximum three-year term of supervised release.
Reyes was residing in Canada at the time of his crimes, but is from El Salvador. The evidence at trial, which concluded September 23 with a guilty verdict, established that Reyes smuggled aliens from Canada into the United States between January 2013 and July 22, 2013. Investigations conducted by Border Patrol agents at the Champlain, NY and Beecher Falls, VT, stations resulted in the detentions of 12 undocumented aliens whose passage into the United States was orchestrated by Reyes.
Reyes walked the aliens across the international border at night to a prearranged pickup vehicle before fleeing north to Canada on foot. The aliens paid Reyes thousands of dollars in U.S. and Canadian cash.
“The Department of Justice prioritizes cases involving the smuggling or transporting of undocumented individuals into the United States,” stated United States Attorney Richard S. Hartunian. “I commend the collaboration of our partner agencies, the United States Border Patrol and Homeland Security Investigations, which brought about the conviction.”
“The successful dismantling of this criminal organization was a result of the collaboration amongst several agencies and exemplifies how we conduct business every day,” stated John Pfeifer, Chief Patrol Agent, U.S. Border Patrol.
“Homeland Security Investigations is committed to targeting and dismantling smuggling organizations,” stated HSI Resident Agent in Charge Allen Vanscoy. “These investigations ensure integrity and safety at our borders and, more broadly, U.S. national security.”
This case was investigated by the United States Border Patrol and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorneys Douglas Collyer and Katherine Kopita.
U.S. Attorney Promotes National Prescription Drug Take-Back DayRead the Press Release
SYRACUSE, NEW YORK – The United States Drug Enforcement Administration (DEA) will sponsor drop off sites where unused and unneeded prescription drugs can be disposed of by the public at locations all over the United States on Saturday September 26, 2015 from 10 am to 2 pm as part of National Prescription Drugs Take-Back Day, announced United States Attorney Richard S. Hartunian and DEA Resident Agent In Charge James Burns. Unused prescription drugs will be accepted at locations across the nation.
"This is a safe and convenient way to dispose of unneeded prescription drugs," said United States Attorney Hartunian.
This is the tenth DEA prescription drug take back. The last time the DEA accepted unused prescription drugs in November 2014, the public dropped off over 309 tons of unused pharmaceuticals.
Locations where unused prescription can be dropped off may be found at:
http://www.deadiversion.usdoj.gov/drug_disposal/index.html