Northern District of New York
Press releases recorded for this federal judicial district.
Forfeited Assets Seized in Internet Gambling and Money Laundering Case DistributedRead the Press Release
ALBANY, NEW YORK - United States Attorney Richard S. Hartunian announced today the distribution to numerous law enforcement agencies of over $9.6 million dollars of forfeited assets seized during a multi-agency investigation of an international internet gambling operation. Joining U.S. Attorney Hartunian were United States Marshal David McNulty, Albany County Sheriff Craig Apple, Sr., Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation, IRS Supervisory Special Agent Thomas Fattorusso, and Saratoga County District Attorney Karen Heggen.
The assets were forfeited in connection with guilty pleas entered in U.S. District Court in the Northern District of New York by Philip Gurian, Michele Lasso, and Alan Gould, each of whom pled guilty to Conspiracy to Launder Monetary Instruments, and Jay Goldman, who pled guilty to Transmission of Wagering Information.
A total of $9,628,093.75 was distributed by the U.S. Marshal’s Service to the Albany County Sheriff’s Office, the Federal Bureau of Investigation, the Internal Revenue Service, the Albany County District Attorney’s Office, the Saratoga County District Attorney’s Office and the Broward County Sheriff’s Office as follows:
Albany County Sheriff’s Office $4,662,393.21
Albany County District Attorney’s Office $862,468.22
Saratoga County District Attorney’s Office $363,833.85
Broward County Sheriff’s Office $104,946.22
IRS $1,653,579.39
FBI $1,980,872.86
All of the above law enforcement agencies participated in an investigation which revealed that the above-named defendants operated a large-scale illegal gambling business using internet websites which allowed bettors to place thousands of wagers from New York, Florida, Indiana, California, Texas, Kansas, Nevada, and elsewhere. Over a four year period, at least $10 million in illegal gambling proceeds was deposited into accounts in the names of sham corporations and accounts in Panama, Andorra, and the Cayman Islands. Gurian admitted having said that he was making $150,000 each day. Lasso admitted helping Gurian launder the gambling proceeds to conceal the source and control of the money, depositing at least $8 million. Gould admitted involvement in $3.8 million in transactions. Jay Goldman admitted accepting nearly 9,000 bets totaling over $1.5 million using foreign websites and eighteen different routers.
U.S. Attorney Hartunian said, "Stripping criminals of illegal profits deprives them of the fuel that sustains their illegitimate enterprises. In illegal gambling, money is both the way the crime is committed and the reason for committing it. No money = no crime. Forfeiting the proceeds and instrumentalities of crime puts the money to work for good – helping the victims of crime, funding community programs, and providing resources to be used to promote public safety. Equitable sharing redirects these illegal proceeds toward the local law enforcement agencies who work with their federal counterparts and United States Attorneys to dismantle large scale criminal enterprises like this one. Such sharing can enable a local police chief, sheriff, or district attorney to commit the necessary resources to conduct a complex, long term investigation that in the end enhances public safety."
This case was prosecuted by Assistant U.S. Attorney Robert A. Sharpe.
Nicole F. Vaisey Admits Child Exploitation and Enters Guilty Pleas to All 10 Counts of Federal IndictmentRead the Press Release
SYRACUSE, NEW YORK – Nicole F. Vaisey, age 26, of Hermon, New York, pled guilty today to all 10 counts of a federal indictment charging her with child exploitation offenses, announced United States Attorney Richard S. Hartunian and Andrew T. Vale, Special Agent in Charge of the Federal Bureau of Investigation, Albany Division. Vaisey will be sentenced by U.S. District Judge Glenn T. Suddaby on September 25, 2015. She has been in custody since she was arrested on August 15th, and her detention was ordered to continue pending sentencing. Vaisey pled guilty to conspiracy to produce child pornography (Count 1) and producing child pornography (Counts 2-10). On May 8th, co-defendant Stephen M. Howells II pled guilty to all 21 of the counts of the indictment charging him with conspiracy, production of child pornography, and possession of child pornography. Howells will be sentenced by Judge Suddaby on September 18, 2015.
"Nicole Vaisey and Stephen Howells victimized the most vulnerable and innocent among us – young children – and the substantial penalties they face reflect the extreme seriousness of their predatory criminal conduct," said U.S. Attorney Richard S. Hartunian. "The guilty pleas by Vaisey today, following those by Howells last week, will help to hasten the process of healing and closure for the victims, their families, and a community that was shocked by the commission of these horrific crimes. I am grateful for the hard work by all those who toiled to bring them to justice, and I especially commend the joint efforts of the FBI, the St. Lawrence County Sheriff’s Department, and the New York State Police in conducting an investigation that resulted in both defendants pleading guilty to every charge they faced in federal court."
"Today’s guilty plea is an important step in ensuring that Nicole Vaisey is never able to abuse a child again," said Special Agent in Charge Andrew W. Vale. "The crimes she committed with Stephen Howells are horrifying, and the FBI and its law enforcement partners will continue to pursue those who engage and attempt to engage in the sexual exploitation of children."
St. Lawrence County Sheriff Kevin Wells said, "With the plea today to the indictment by Nicole F. Vaisey we can start to see an end to this investigation. Nicole Vaisey is a full co-conspirator with Howells and her plea and sentencing should all be reflective of that. I applaud the Sheriff’s Office staff, the FBI, and the U.S. Attorney’s Office for all of their hard work on this case. This brings some closure to the legal aspects of the case, but we still need to keep the victims in our thoughts and prayers. The positive part of this is that Howells and Vaisey will not have the ability to victimize a child again."
Vaisey’s admissions as part of her guilty plea included the following:
Beginning in 2013, Vaisey and Howells conspired with one another to engage minors in sexually explicit conduct for the purpose of producing child pornography. Howells obtained drugs through his work as a registered nurse and used the drugs to sedate the child victims, girls ranging in age from 5 to 11 years old. Vaisey arranged for a girl born in 2006 to spend the night with them, and the child was used by Vaisey and Howells to engage in sexually explicit conduct and they produced child pornography depicting that conduct, on six separate dates from September 7, 2013 through May 31, 2014. On several of the dates, Vaisey filmed Howells sexually abusing the child. On two of the dates, Vaisey also sexually abused the child.
Howells arranged for a girl born in 2003 to spend the night with them, and the child was used by Vaisey and Howells to engage in sexually explicit conduct and they produced child pornography depicting that conduct on November 17, 2013 and December 15, 2013. On both dates, Vaisey both filmed Howells sexually abusing the child and sexually abused the child herself.
In 2014, Vaisey and Howells together developed and planned a scheme to kidnap minor children for use in sexually explicit conduct and for the purpose of producing child pornography. Each of them made trips to observe and locate possible children to abduct, including Amish girls. On August 13, 2014, Vaisey and Howells went to an Amish farm stand to abduct two girls, ages 11 and 6, by pretending to be customers and using a dog to get the children to the car. Howell forced the children into the car and drugged one of them, and Vaisey drove off. Howells sexually assaulted the children as Vaisey watched and then filmed.
Vaisey faces imprisonment for at least 15 years, and up to 30 years, on the conspiracy charge, as well as on each of the substantive exploitation counts. The Court has the discretion to run all of these sentences concurrently or consecutively to one another. Vaisey will also be required to serve a term of supervised release of a minimum of 5 years and up to life to follow any term of incarceration, and will be required to register as a sex offender.
This case was investigated by the St. Lawrence County Sheriff’s Office and the Federal Bureau of Investigation, with substantial assistance from the New York State Police. It is being prosecuted by Assistant United States Attorneys Lisa Fletcher and Tamara Thomson.
The case is brought as 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.
New York Woman Admits Child Exploitation and Enters Guilty Pleas to All Ten Counts of Federal IndictmentRead the Press Release
Nicole F. Vaisey, 26, of Hermon, New York, pleaded guilty today to all ten counts of a federal indictment charging her with child exploitation offenses, announced U.S. Attorney Richard S. Hartunian for the Northern District of New York and Special Agent in Charge Andrew T. Vale of the Albany Division for the Federal Bureau of Investigation (FBI). Vaisey will be sentenced by U.S. District Judge Glenn T. Suddaby on Sept. 25, 2015. She has been in custody since she was arrested on Aug. 15, 2014, and her detention was ordered to continue pending sentencing.
Vaisey pleaded guilty to conspiracy to produce child pornography (Count 1) and producing child pornography (Counts 2-10). On May 8, 2015, co-defendant Stephen M. Howells II pleaded guilty to all 21 of the counts of the indictment charging him with conspiracy, production of child pornography and possession of child pornography. Howells will be sentenced by Judge Suddaby on Sept. 18, 2015.
“Nicole Vaisey and Stephen Howells victimized the most vulnerable and innocent among us – young children – and the substantial penalties they face reflect the extreme seriousness of their predatory criminal conduct,” said U.S. Hartunian. “The guilty pleas by Vaisey today, following those by Howells last week, will help to hasten the process of healing and closure for the victims, their families and a community that was shocked by the commission of these horrific crimes. I am grateful for the hard work by all those who toiled to bring them to justice and I especially commend the joint efforts of the FBI, the St. Lawrence County Sheriff’s Department and the New York State Police in conducting an investigation that resulted in both defendants pleading guilty to every charge they faced in federal court.”
“Today’s guilty plea is an important step in ensuring that Nicole Vaisey is never able to abuse a child again,” said Special Agent in Charge Vale. “The crimes she committed with Stephen Howells are horrifying and the FBI and its law enforcement partners will continue to pursue those who engage and attempt to engage in the sexual exploitation of children.”
“With the plea today to the indictment by Nicole F. Vaisey we can start to see an end to this investigation,” said Sheriff Kevin Wells of St. Lawrence County. “Nicole Vaisey is a full co-conspirator with Howells and her plea and sentencing should all be reflective of that. I applaud Sheriff’s Office staff, the FBI and the U.S. Attorney’s Office for all of their hard work on this case. This brings some closure to the legal aspects of the case, but we still need to keep the victims in our thoughts and prayers. The positive part of this is that Howells and Vaisey will not have the ability to victimize a child again.”
Vaisey’s admissions as part of her guilty plea included the following: Beginning in 2013, Vaisey and Howells conspired with one another to engage minors in sexually explicit conduct for the purpose of producing child pornography. Howells obtained drugs through his work as a registered nurse and used the drugs to sedate the child victims, girls ranging in age from five to 11 years old. Vaisey arranged for a girl born in 2006 to spend the night with them and the child was used by Vaisey and Howells to engage in sexually explicit conduct and they produced child pornography depicting that conduct, on six separate dates from Sept. 7, 2013, through May 31, 2014. On several of the dates, Vaisey filmed Howells sexually abusing the child. On two of the dates, Vaisey also sexually abused the child.
Howells arranged for a girl born in 2003 to spend the night with them, and the child was used by Vaisey and Howells to engage in sexually explicit conduct and they produced child pornography depicting that conduct on Nov. 17, 2013, and Dec. 15, 2013. On both dates, Vaisey both filmed Howells sexually abusing the child and sexually abused the child herself.
In 2014, Vaisey and Howells together developed and planned a scheme to kidnap minor children for use in sexually explicit conduct and for the purpose of producing child pornography. Each of them made trips to observe and locate possible children to abduct, including Amish girls. On Aug. 13, 2014, Vaisey and Howells went to an Amish farm stand to abduct two girls, ages 11 and six, by pretending to be customers and using a dog to get the children to the car. Howell forced the children into the car and drugged one of them, and Vaisey drove off. Howells sexually assaulted the children as Vaisey watched and then filmed.
Vaisey faces imprisonment for at least 15 years and up to 30 years on the conspiracy charge, as well as on each of the substantive exploitation counts. The court has the discretion to run all of these sentences concurrently or consecutively to one another. Vaisey will also be required to serve a term of supervised release of a minimum of five years and up to life to follow any term of incarceration and will be required to register as a sex offender.
This case was investigated by the St. Lawrence County Sheriff’s Office and the FBI, with substantial assistance from the New York State Police. It is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Tamara Thomson.
The case is brought as 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 U.S. 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.
Tioga County Man Pleads Guilty to Environmental CrimeRead the Press Release
SYRACUSE, NEW YORK – On May 12, 2015, BRIAN DAVIS (46), of Owego, New York, pled guilty to one felony count of treating, storing, and disposing of hazardous waste without a permit, in violation of the Resource Conservation and Recovery Act, announces United States Attorney Richard S. Hartunian and Vernesa D. Jones-Allen, Special Agent in Charge, New York Area Office, Criminal Investigation Division, U.S. Environmental Protection Agency ("EPA").
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 he nevertheless transported them to the Large Car LLC facility in Owego, where he treated, stored, and disposed of them over the course of nearly a year. Specifically, DAVIS stored the hazardous waste without labeling it, properly isolating incompatible materials, or protecting it 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 offsite without manifesting it.
DAVIS, who will be sentenced in Binghamton on September 25, 2015, by Senior United States District Judge Thomas J. McAvoy, faces up to 5 years in prison and a fine of up to $15 million. DAVIS will also be responsible to pay any charges associated with the cleanup and removal of the remaining hazardous waste material.
This case was investigated by the EPA Criminal Investigation Division and by criminal investigators with the New York State Department of Environmental Conservation, and it is being prosecuted by Assistant United States Attorney Michael F. Perry.
For additional information, please contact Executive Assistant U.S. Attorney John G. Duncan at 315-448-0672.
Former Gloversville Husband and Wife Sentenced for Social Security FraudRead the Press Release
ALBANY, NEW YORK – Scott J. Bornt, age 53, and his wife Geri Mondlin-Bornt, age 50, of Hillsborough, NJ, formerly of Gloversville, NY, each were sentenced yesterday in Albany for Social Security Fraud before Senior United States District Court Judge Thomas J. McAvoy, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Edward J. Ryan of the Social Security Administration, Office of Inspector General, Office of Investigations, New York Field Division.
Scott J. Bornt was sentenced to 18 months in prison and three years supervised release. The court ordered that he pay $314,650 restitution to the United States Social Security Administration.
Geri Mondlin-Bornt was sentenced to three years of probation. The court ordered that she pay $88,120 restitution to the United States Social Security Administration.
As part of their respective guilty pleas, Bornt and Mondlin-Bornt admitted that they each made false statements to Social Security Administration personnel to obtain Social Security Disability Insurance benefits payments to which they were not entitled. The amounts were $314, 650, over six years for Bornt and $88,120, over seven years for Mondlin-Bornt.
Bornt and Mondlin-Bornt admitted that they jointly owned and operated a business, GMB Trucking, and concealed the extent of their involvement with the business from the Social Security Administration. Bornt concealed income and the fact that he was the sole driver for the trucking business, and Mondlin-Bornt underreported and concealed income she received from the business.
The case was investigated by the Social Security Administration, Office of Inspector General, with the assistance of the United States Secret Service. The case was prosecuted by Assistant United States Attorney Edward P. Grogan.
Schenectady Man Pleads Guilty to Securities Fraud, Mail Fraud and Tax ChargesRead the Press Release
Scott T. Valente, 58, of Schenectady, New York, pleaded guilty today in Albany before Chief U.S. District Judge Gary L. Sharpe to one count of securities fraud, one count of mail fraud and one count of obstructing and impeding the due administration of the Internal Revenue laws, announced U.S. Attorney Richard S. Hartunian, Special Agent in Charge Shantelle P. Kitchen for the New York Field Office’s Internal Revenue Service (IRS) Criminal Investigation, and Special Agent in Charge Andrew W. Vale for the Albany Division’s Federal Bureau of Investigation (FBI). Valente was released pending his sentencing, scheduled for September 8, 2015, at 11:00 a.m. in Albany, New York. Valente faces up to 20 years of imprisonment, a fine of $5.255 million, supervised release for three years, restitution, a money judgment of $10,555,954.27 and forfeiture of condominiums at River Oaks Golf and Tennis Resort II, Myrtle Beach, South Carolina, and Jackson Gore Road Adams House, Ludlow, Vermont.
During the plea hearing, Valente admitted that between December 2010 and June 16, 2014, Valente falsely inflated rates of return for his investment company, the ELIV Group LLC (ELIV). During this time, ELIV raised more than $10.5 million from more than 100 investors. In written materials and investor account statements provided to ELIV investors, Valente made false claims about annual investment returns. Specifically, he claimed that ELIV had annual investment returns of 36.38 percent for 2010, 48.27 percent for 2011, 44.56 percent for 2012 and 45.11 percent for 2013 when ELIV actually lost money every year and lost more than $1.2 million by the end of April 2014. Valente also paid himself more than $2.2 million in unauthorized management fees which he used to enrich himself through cash withdrawals, personal credit card payments and the purchases of real estate, jewelry, home improvements and liquor.
Valente falsely represented to more than 30 ELIV investors that he and his company were authorized to accept, hold and manage individual retirement accounts (IRA). In reality, neither Valente nor ELIV had that authorization. To prevent the IRS from learning that he had improperly accepted, held and managed IRA accounts, Valente altered a legitimate quarterly ELIV investment statement to make it appear as though ELIV had received an investor’s purported IRA rollover investment and was holding that investment as an IRA. He then caused that altered statement to be submitted to the IRS.
At the time ELIV ceased operations, approximately $2.4 million of the more than $10 million dollars of investor principal that Valente had received from investors during ELIV’s operational period had been returned to investors with the false representations that these payments were a return of principal or a distribution of profits. Valente knew that the very small profits earned were far less than those payments.
“Valente made false statements to investors to persuade them to part with their hard earned money so he could line his own pockets with millions of dollars and submitted false documents to the Internal Revenue Service to cover his tracks,” said U.S. Attorney Hartunian. “We will continue to pursue aggressively those who use investment fraud to fleece folks of their savings and retirement money.”
U.S. Attorney Hartunian thanked IRS-Criminal Investigation and the FBI for working with the U.S. Attorney’s Office to hold Valente accountable for his fraud.
“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, for which he is now being held accountable,” said Special Agent in Charge Kitchen for the IRS. “Fortunately, the partnership of IRS-Criminal Investigation, the U.S. Attorney’s Office and the FBI was successful in preventing his victims from sustaining additional losses and protecting potential investors from harm.”
“These schemes and other securities related frauds have a devastating impact on the victims,” said Special Agent in Charge Vale for the FBI. “The FBI is committed to working with our law enforcement partners to protect investor confidence in the U.S. financial markets.”
This case was investigated by the Internal Revenue Service - Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation. This case is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Schenectady Man Pleads Guilty to Securities Fraud, Mail Fraud, and Tax ChargesRead the Press Release
ALBANY, NEW YORK – SCOTT T. VALENTE, age 58, of Schenectady, New York, pled guilty today in Albany before Chief United States District Judge Gary L. Sharpe to one count of securities fraud, one count of mail fraud, and one count of obstructing and impeding the due administration of the Internal Revenue laws, announced United States Attorney Richard S. Hartunian, Special Agent-in-Charge Shantelle P. Kitchen, Internal Revenue Service, Criminal Investigation, New York Field Office, and Andrew W. Vale, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division. VALENTE was released pending his sentencing, scheduled for September 8, 2015, at 11:00 a.m. in Albany. VALENTE faces up to twenty years of imprisonment, a fine of $5,255,000, supervised release for three years, restitution, a money judgment of $10,555,954.27, and forfeiture of condominiums at River Oaks Golf and Tennis Resort II, Myrtle Beach, South Carolina, and Jackson Gore Road Adams House, Ludlow, Vermont.
During the plea hearing, VALENTE admitted that:
Between December 2010 and June 16, 2014, VALENTE falsely inflated rates of return for his investment company, The ELIV Group, LLC ("ELIV"). During this time, ELIV raised more than $10.5 million from more than 100 investors. In written materials and investor account statements provided to ELIV investors, VALENTE made false claims about annual investment returns. Specifically, he claimed that ELIV had annual investment returns of 36.38% for 2010, 48.27% for 2011, 44.56% for 2012, and 45.11% for 2013 when ELIV actually lost money every year and lost more than $1.2 million by the end of April 2014. VALENTE also paid himself more than $2.2 million in unauthorized management fees which he used to enrich himself through cash withdrawals, personal credit card payments, and the purchases of real estate, jewelry, home improvements, and liquor.
VALENTE falsely represented to more than 30 ELIV investors that he and his company were authorized to accept, hold, and manage individual retirement accounts ("IRAs"). In reality, neither VALENTE nor ELIV had that authorization. To prevent the IRS from learning that he had improperly accepted, held, and managed IRA accounts, VALENTE altered a legitimate quarterly ELIV investment statement to make it appear as though ELIV had received an investor’s purported IRA rollover investment and was holding that investment as an IRA. He then caused that altered statement to be submitted to the IRS.
At the time ELIV ceased operations, approximately $2.4 million of the more than $10 million dollars of investor principal that VALENTE had received from investors during ELIV’s operational period had been returned to investors with the false representations that these payments were a return of principal or a distribution of profits. VALENTE knew that the very small profits earned were far less than those payments.
U.S. Attorney Hartunian said, "VALENTE made false statements to investors to persuade them to part with their hard earned money so he could line his own pockets with millions of dollars, and submitted false documents to the Internal Revenue Service to cover his tracks. We will continue to pursue aggressively those who use investment fraud to fleece folks of their savings and retirement money." U.S. Attorney Hartunian thanked IRS-Criminal Investigation and the FBI for working with the U.S. Attorney’s Office to hold VALENTE accountable for his fraud.
IRS-CI Special Agent-in-Charge Shantelle P. Kitchen said, "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, for which he is now being held accountable. Fortunately, the partnership of IRS-Criminal Investigation, the U.S. Attorney’s Office and the FBI was successful in preventing his victims from sustaining additional losses and protecting potential investors from harm."
"These schemes and other securities related frauds have a devastating impact on the victims," said FBI Special Agent-in-Charge Andrew W. Vale. "The FBI is committed to working with our law enforcement partners to protect investor confidence in the U.S. financial markets."
This case was investigated by the Internal Revenue Service - Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Rick Belliss.
Stephen M. Howells II Enters Guilty Pleas to All 21 Counts of Federal IndictmentRead the Press Release
SYRACUSE, NEW YORK –Stephen M. Howells II, age 39, of Hermon, NY pled guilty today to all 21 counts of a federal indictment charging him with child exploitation offenses, according to United States Attorney Richard S. Hartunian and Andrew T. Vale, Special Agent in Charge of the Federal Bureau of Investigation, Albany Division. Howells will be sentenced by U.S. District Judge Glenn T. Suddaby on Friday, September 18, 2015 at 11:00 am in Syracuse, New York. A trial is scheduled for co-defendant Nicole Vaisey on June 22, 2015 before Judge Suddaby in Syracuse.
Howells pled guilty to conspiracy to produce child pornography, producing child pornography (Counts 2-10), and possessing child pornography. The conspiracy count (Count 1) and fifteen additional counts relate to Howells’ sexual abuse of six separate children (ranging in age from 5 to 11) and his filming of that abuse on sixteen dates between December 2012 and August 2014. Howells is charged alone in six of those counts (Counts 11-16); Vaisey is also charged with conspiracy and nine of the production counts (Counts 2-10). Howells also pled guilty to five counts of possession of child pornography, (Counts 17-21), separate and apart from the children and images charged in the first 16 counts of the superseding indictment. These counts relate to numerous image and video files Howells collected from the Internet and downloaded to each of five separate hard drives from computers that were recovered from his residence. These images and video files also involve prepubescent minors and minors under the age of 12.
Howells’ admissions as part of his guilty plea included the following:
From September 2013 to August 2014, Howells conspired with Vaisey to produce child pornography. Howells obtained drugs through his work as a registered nurse and he used the drugs to sedate the child victims. On sixteen specified dates between December 2012 and August 2014, Howells sexually abused six separate children, ranging in age from 5 to 11, sometimes with Vaisey also doing so, as Howells or Vaisey filmed that abuse. Howells and Vaisey planned to abduct children to engage in sexually explicit conduct. They kidnapped two Amish children from a farm stand in August of 2014 to use them to engage in sexually explicit conduct and produce images and videos of that conduct. On August 15, 2014, Howells possessed five separate computer hard drives containing numerous image and video files of actual young children engaged in sexually explicit conduct.
Howells faces at least 15 years imprisonment, and up to 30 years on the conspiracy charge, as well as on each of the substantive exploitation counts. He also faces a maximum sentence of 20 years on each of the possession counts. The Court has the discretion to run all of these sentences concurrently or consecutively to one another. Howells will also be required to serve a term of supervised release of a minimum of 5 years and up to life to follow any term of incarceration. In addition, conviction on any count of the superseding indictment will require Howells to register as a sex offender.
"The criminal conduct committed by Stephen Howells is beyond comprehension," stated U.S. Attorney Richard S. Hartunian. "Our hearts go out to all the young victims who endured his unspeakable acts. We will continue to do everything in our power to see that he will never abuse another innocent child. I commend the community, the St. Lawrence County Sheriff’s Office, the New York State Police, and the Federal Bureau of Investigation for working tirelessly to bring him to justice."
"The crimes committed by Howells are some of the most horrific imaginable," said Special Agent in Charge Andrew W. Vale. "He carefully planned and carried out these abuses and exploitations, and today's guilty plea is the result of a vigorous investigation to locate Howells and uncover the full extent of his criminal actions. The FBI commends the work and dedication of its law enforcement partners and the U.S. Attorney's Office. It is because of this essential collaboration that the victims were recovered and that Howells is receiving justice for his crimes."
This case was investigated by the St. Lawrence County Sheriff’s Office and the Federal Bureau of Investigation with substantial assistance from the New York State Police. It is being prosecuted by Assistant United States Attorneys Lisa Fletcher and Tamara Thomson.
The case is brought as 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
Owner of Utica Dog Food Plant Admits to Harboring Illegal AliensRead the Press Release
SYRACUSE, NEW YORK – Michael Dote, age 47, of West Edmeston, New York, pled guilty to harboring four illegal aliens from November 2013 through December 31, 2013 at a dog food plant Dote owns named Scooby Rendering, Inc. ("Scooby"), located at 1930 Oriskany Street, Utica, New York according to United States Attorney Richard S. Hartunian.
During the plea hearing on May 8, 2015, Dote admitted as the co-owner/operator of Scooby, he was responsible for the hiring of Scooby employees. In 2013, Dote hired four illegal aliens from Guatemala. When Dote hired the four aliens, he did not request any documentation verifying that they were authorized to work in the United States. On December 30, 2013, emergency crews responded to the report of a fire at one of the loading docks at Scooby. The fire investigation subsequently revealed that there were four aliens working and residing at Scooby. Dote admitted that he harbored the aliens and that such conduct substantially facilitated the aliens’ remaining in the United States.
The defendant is facing a statutory maximum sentence of 5 years imprisonment and a maximum fine of $250,000.00. Dote is scheduled to be sentenced on September 18, 2015 before the Honorable Glenn T. Suddaby.
This prosecution resulted from an investigation conducted by U.S. Homeland Security Investigations (HSI), Syracuse, New York, with cooperation from the New York State Police, Whitestown Police Department, ICE Enforcement and Removal Operations, U.S. Border Patrol, Utica Police Department, and CBP Air and Marine Operations. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds. Further questions may be directed to Executive Assistant United States John Duncan at (315) 448-0672.
New York Man Enters Guilty Plea to All Twenty One Counts of Federal IndictmentRead the Press Release
Stephen M. Howells II, 39, of Hermon, New York, pleaded guilty today to all 21 counts of a federal indictment charging him with child exploitation offenses, according to U.S. Attorney Richard S. Hartunian for the North District of New York and Special Agent in Charge Andrew T. Vale of the Albany Division for the Federal Bureau of Investigation (FBI). Howells will be sentenced by U.S. District Judge Glenn T. Suddaby on Friday, Sept. 18, 2015 at 11 a.m. in Syracuse, New York. A trial is scheduled for co-defendant Nicole Vaisey on June 22, 2015 before Judge Suddaby in Syracuse, New York.
Howells pleaded guilty to conspiracy to produce child pornography, producing child pornography (Counts 2-10) and possessing child pornography. The conspiracy count (Count 1) and 15 additional counts relate to Howells’ sexual abuse of six separate children, ranging in age from 5 to 11 and his filming of that abuse on sixteen dates between December 2012 and August 2014. Howells is charged alone in six of those counts (Counts 11-16), Vaisey is also charged with conspiracy and nine of the production counts (Counts 2-10). Howells also pleaded guilty to five counts of possession of child pornography (Counts 17-21), separate and apart from the children and images charged in the first 16 counts of the superseding indictment. These counts relate to numerous image and video files Howells collected from the Internet and downloaded to each of five separate hard drives from computers that were recovered from his residence. These images and video files also involve prepubescent minors and minors under the age of 12.
Howells’ admissions as part of his guilty plea included the following: from September 2013 to August 2014, Howells conspired with Vaisey to produce child pornography. Howells obtained drugs through his work as a registered nurse and he used the drugs to sedate the child victims. On 16 specified dates between December 2012 and August 2014, Howells sexually abused six separate children, ranging in age from 5 to 11, sometimes with Vaisey also doing so, as Howells or Vaisey filmed that abuse. Howells and Vaisey planned to abduct children to engage in sexually explicit conduct. They kidnapped two Amish children from a farm stand in August of 2014 to use them to engage in sexually explicit conduct and produce images and videos of that conduct. On Aug. 15, 2014, Howells possessed five separate computer hard drives containing numerous image and video files of actual young children engaged in sexually explicit conduct.
Howells faces at least 15 years imprisonment and up to 30 years on the conspiracy charge, as well as on each of the substantive exploitation counts. He also faces a maximum sentence of 20 years on each of the possession counts. The court has the discretion to run all of these sentences concurrently or consecutively to one another. Howells will also be required to serve a term of supervised release of a minimum of five years and up to life to follow any term of incarceration. In addition, conviction on any count of the superseding indictment will require Howells to register as a sex offender.
“The criminal conduct committed by Stephen Howells is beyond comprehension,” said U.S. Attorney Hartunian. “Our hearts go out to all the young victims who endured his unspeakable acts. We will continue to do everything in our power to see that he will never abuse another innocent child. I commend the community, the St. Lawrence County Sheriff’s Office, the New York State Police and the Federal Bureau of Investigation for working tirelessly to bring him to justice.”
“The crimes committed by Howells are some of the most horrific imaginable,” said Special Agent in Charge Vale. “He carefully planned and carried out these abuses and exploitations and today's guilty plea is the result of a vigorous investigation to locate Howells and uncover the full extent of his criminal actions. The FBI commends the work and dedication of its law enforcement partners and the U.S. Attorney's Office. It is because of this essential collaboration that the victims were recovered and that Howells is receiving justice for his crimes.”
This case was investigated by the St. Lawrence County Sheriff’s Office and the FBI with substantial assistance from the New York State Police. It is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Tamara Thomson.
The case is brought as 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 the U.S. 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.
Certified Environmental Services, Inc. Pleads Guilty to Negligent EndangermentRead the Press Release
UTICA, NEW YORK – Certified Environmental Services, Inc. ("CES") pled guilty on May 5th to a one count misdemeanor Information charging CES with 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. Sentencing is scheduled for 1:00 p.m. on September 10, 2015, before U.S. District Judge David N. Hurd in Utica. CES faces maximum penalties that include probation for 5 years, restitution, and a $200,000 fine, as well as a special assessment of $125.
The admissions by CES in connection with pleading guilty included the following:
During the period of 1999 – 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 which 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.
The negligence by CES that was a cause of the release of the hazardous air pollutant asbestos and the resulting imminent danger to persons 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 sign 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 fifteen 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) as charged. However, in 2014, the Court of Appeals reversed the convictions and remanded for a new trial. The guilty plea May 5th resolves the pending charges against CES and two co-defendants. Two other co-defendants face re-sentencing.
The 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. It is being prosecuted by First Assistant U.S. Attorney Grant C. Jaquith.
U.S. Attorney Hartunian, New York Attorney General Schneiderman & Comptroller DiNapoli Announce Guilty Pleas on State and Federal Charges by Former AssemblymemberRead the Press Release
Former New York State Assemblymember William Scarborough, 69, of Queens, New York, has agreed to plead guilty on federal and state charges stemming from public corruption investigations, announced U.S. Attorney Richard S. Hartunian of the Northern District of New York, Attorney General Eric T. Schneiderman of the State of New York, State Comptroller Thomas P. DiNapoli of New York and Special Agent in Charge Andrew W. Vale of the FBI’s Albany Division.
Scarborough pleaded guilty this morning to federal charges and is scheduled to plead guilty to state charges at 12:30 p.m. in Albany, New York, County Court.
Appearing in federal court before Senior U.S. District Judge Thomas J. McAvoy of the Northern District of New York, Scarborough pleaded guilty to wire fraud and theft concerning a program receiving federal funds. Scarborough is scheduled to be sentenced on Monday, Sept. 14, 2015, at 11:30 a.m., in Albany. He faces up to 20 years in prison on the wire fraud count, 10 years in prison on the count charging theft concerning a program receiving federal funds and fines of up to $250,000 on each count. As part of the plea agreement, Scarborough also agreed to resign his position as a member of the New York State Assembly, pay $54,355 in restitution to the State of New York and forfeit that amount to the United States.
This afternoon, Scarborough will appear before Judge Stephen W. Herrick of the Albany County Court to plead guilty to a public corruption charge related to the misuse of over $40,000 from his Friends of Bill Scarborough campaign account. As part of the plea agreement, Scarborough will plead guilty to grand larceny in the fourth degree and is expected to be sentenced to one year of jail time, will resign his position in the State Assembly and will donate all funds remaining in his campaign account to charity.
The federal charges and guilty plea arose from an investigation into travel voucher fraud. As a New York State Assemblymember, Scarborough was entitled to receive the following types of payments when he traveled to Albany for legislative business: an allowance for overnight stays in Albany (full per diem), which varied from $160 to $171 per day, an allowance for travel not requiring an overnight stay in Albany (partial per diem), which varied from $49 to $61 per day and reimbursement for mileage actually incurred for travel between his home and Albany. To receive those payments, Scarborough was required to submit travel vouchers to the New York State Assembly Finance Department certifying his dates of travel to and from Albany, the number of miles he traveled to and from Albany, the purpose of his travel, the days he was in Albany and his eligibility for payment for either full per diem or partial per diem on each of those days. He also had to certify that the claimed amount was “just, true and correct.”
As part of his federal plea, Scarborough admitted that from January 2009 through December 2012 he submitted 174 fraudulent New York State Assembly travel vouchers to the assembly’s Finance Department causing the State of New York to pay him $54,355 that he was not entitled to receive. In the fraudulent vouchers, Scarborough falsely certified that he had been in Albany for legislative business on specific days when he had not been in Albany at all, had been in Albany, for less time than he claimed on a voucher, or had not stayed overnight.
The state charges arose from an ongoing effort between Schneiderman and DiNapoli known as “Operation Integrity” and conducted with the FBI’s Public Corruption Task Force. In his state plea agreement, Scarborough will admit that between January 2007 and March 2014, he stole from the Friends of Bill Scarborough campaign committee by making over $38,000 in unauthorized cash withdrawals and transfers from his campaign account for his own personal use and taking checks totaling $3,450 which were intended as donations to the Friends of Bill Scarborough campaign and instead depositing them directly into his personal bank. In furtherance of this scheme, Scarborough will admit that, over the seven year period, he caused his campaign committee to file 21 false reports to the New York State Board of Elections that failed to reflect these larcenies.
“My office is committed to rooting out corruption in the state legislature, without regard to party, position, power or popularity,” said U.S. Attorney Hartunian. “There is no delight in the downfall of a duly elected representative, but Mr. Scarborough chose personal gain over the public trust. Complaints of financial distress – something many people experience – provide a poor excuse for Mr. Scarborough’s misconduct, which involved a four year scheme to defraud by abusing the New York State Assembly’s travel voucher system. He falsely obtained $54,355, and now must face the consequences of his actions. I commend the Federal Bureau of Investigation, the Office of New York State Attorney General Eric Schneiderman and the Office of New York State Comptroller Thomas DiNapoli for their outstanding work and collaborative efforts here. This case is the result of interagency cooperation at its best.”
“Today Assemblymember Scarborough pleaded guilty to crimes that betrayed his constituents and the taxpayers of the State of New York – crimes that will send him to jail under this plea agreement,” said Attorney General Schneiderman. “While he will pay the price for his individual crimes, we need to channel public outrage at the ongoing corruption scandals into a movement for comprehensive reform. We have done this before in New York, and we can do it again.”
The Attorney General’s Office thanked the FBI and the U.S. Attorney’s Office of the Northern District of New York for their collaboration on this case.
“Public service means just that: serving the public,” said Comptroller DiNapoli. “Mr. Scarborough abused his public office for personal gain and now faces the consequences of his actions. I commend Attorney General Schneiderman, U.S. Attorney Hartunian and the Federal Bureau of Investigation for their commitment and for our continued partnership in rooting out corruption and protecting public funds.”
“American taxpayers deserve honesty from public officials,” said Special Agent in Charge Vale. “Those involved in acts of corruption and blatant greed will be held accountable for their actions and we will continue to pursue those like Mr. Scarborough who sell their integrity at the public’s expense.”
The federal case was investigated by the FBI’s Albany Division and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman of the Northern District of New York.
Prosecuting the state case is Assistant Attorney General Christopher Baynes of the Attorney General’s Public Integrity Bureau. The state’s investigation was handled by Investigator Mark Spencer and Deputy Bureau Chief Antoine Karam of the Investigation Bureau. Forensic Auditor Jason Blair and Legal Analyst Sara Pogorzelski provided additional assistance.
The New York State Comptroller’s Division of Investigations conducted the investigation for Comptroller DiNapoli's Office.
U.S. Attorney Hartunian, New York A.G. Schneiderman & Comptroller Dinapoli Announce Guilty Pleas on State and Federal Charges by Former Assembly Member William ScarboroughRead the Press Release
ALBANY, NEW YORK – United States Attorney Richard S. Hartunian, New York State Attorney General Eric T. Schneiderman, State Comptroller Thomas P. DiNapoli, and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation, today announced that former New York State Assemblymember WILLIAM SCARBOROUGH, age 69, of Queens, New York, has agreed to enter guilty pleas on federal and state public charges stemming from public corruption investigations.
SCARBOROUGH pled guilty this morning to federal charges and is scheduled to plead guilty to state charges at 12:30 p.m. in Albany County Court.
Appearing in federal court before Senior United States District Judge Thomas J. McAvoy, SCARBOROUGH pled guilty to wire fraud and theft concerning a program receiving federal funds. SCARBOROUGH is scheduled to be sentenced on Monday, September 14, 2015, at 11:30 a.m., in Albany, New York. He faces up to 20 years in prison on the wire fraud count, 10 years in prison on the count charging theft concerning a program receiving federal funds, and fines of up to $250,000 on each count. As part of the plea agreement, SCARBOROUGH also agreed to resign his position as a Member of the New York State Assembly, pay $54,355 restitution to New York State, and forfeit that amount to the United States.
This afternoon, SCARBOROUGH will appear before Albany County Court Judge Stephen W. Herrick to plead guilty to a public corruption charge related to the misuse of over $40,000 from his Friends of Bill Scarborough campaign account. As part of a plea agreement, SCARBOROUGH will plead guilty to Grand Larceny in the 4th Degree and is expected to be sentenced to one year of jail time, will resign his position in the State Assembly, and will donate all funds remaining in his campaign account to charity.
The federal charges and guilty plea arose from an investigation into travel voucher fraud. As a New York State Assembly Member, SCARBOROUGH was entitled to receive the following types of payments when he traveled to Albany for legislative business: (a) an allowance for overnight stays in Albany ("full per diem"), which varied from $160 to $171 per day; (b) an allowance for travel not requiring an overnight stay in Albany ("partial per diem"), which varied from $49 to $61 per day; and (c) reimbursement for mileage actually incurred for travel between his home and Albany. To receive those payments, SCARBOROUGH was required to submit travel vouchers to the New York State Assembly Finance Department certifying his dates of travel to and from Albany; the number of miles he traveled to and from Albany; the purpose of his travel; the days he was in Albany; and his eligibility for payment for either full per diem or partial per diem on each of those days. He also had to certify that the claimed amount was "just, true, and correct."
As part of his federal plea, SCARBOROUGH admitted that from January 2009 through December 2012 he submitted 174 fraudulent New York State Assembly Travel Vouchers to the Assembly Finance Department causing New York State to pay him $54,355 that he was not entitled to receive. In the fraudulent vouchers, SCARBOROUGH falsely certified that he had been in Albany for legislative business on specific days when he had not been in Albany at all, had been in Albany for less time than he claimed on a voucher, or had not stayed overnight.
The state charges arose from an ongoing effort between Schneiderman and DiNapoli known as "Operation Integrity" and conducted with the FBI Public Corruption Task Force. In his state plea agreement, SCARBOROUGH will admit that between January of 2007 and March of 2014, he stole from the "Friends of Bill Scarborough" campaign committee by making over $38,000 in unauthorized cash withdrawals and transfers from his campaign account for his own personal use, and taking checks totaling $3,450 which were intended as donations to "Friends of Bill Scarborough" and instead depositing them directly into his personal bank. In furtherance of this scheme, SCARBOROUGH will admit that, over the seven year period, he caused his campaign committee to file twenty-one false reports to the New York State Board of Elections that failed to reflect these larcenies.
U.S. Attorney Richard S. Hartunian said, "My office is committed to rooting out corruption in the state legislature, without regard to party, position, power, or popularity. There is no delight in the downfall of a duly elected representative, but Mr. Scarborough chose personal gain over the public trust. Complaints of financial distress -- something many people experience -- provide a poor excuse for Mr. Scarborough’s misconduct, which involved a four year scheme to defraud by abusing the New York State Assembly’s travel voucher system. He falsely obtained $54,355, and now must face the consequences of his actions. I commend the Federal Bureau of Investigation, the Office of New York State Attorney General Eric Schneiderman, and the Office of New York State Comptroller Thomas DiNapoli for their outstanding work and collaborative efforts here. This case is the result of interagency cooperation at its best."
"Today Assemblymember Scarborough pleaded guilty to crimes that betrayed his constituents and the taxpayers of the State of New York--crimes that will send him to jail under this plea agreement," said Attorney General Eric T. Schneiderman. "While he will pay the price for his individual crimes, we need to channel public outrage at the ongoing corruption scandals into a movement for comprehensive reform. We have done this before in New York, and we can do it again." The Attorney General’s Office thanked the Federal Bureau of Investigation and the United States Attorney’s Office for the Northern District of New York for their collaboration on this case.
"Public service means just that: serving the public. Mr. Scarborough abused his public office for personal gain and now faces the consequences of his actions," said Comptroller Thomas P. DiNapoli. "I commend Attorney General Schneiderman, U.S. Attorney Hartunian, and the Federal Bureau of Investigation for their commitment and for our continued partnership in rooting out corruption and protecting public funds."
"American taxpayers deserve honesty from public officials," said Special Agent in Charge Andrew W. Vale. "Those involved in acts of corruption and blatant greed will be held accountable for their actions, and we will continue to pursue those like Mr. Scarborough who sell their integrity at the public’s expense."
The federal case was investigated by the Federal Bureau of Investigation, Albany Division, and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Prosecuting the state case is Assistant Attorney General Christopher Baynes of the Attorney General’s Public Integrity Bureau, which is led by Deputy Bureau Chief Stacy Aronowitz and Bureau Chief Daniel Cort. Kelly Donovan is the Executive Deputy Attorney General for Criminal Justice. The state’s investigation was handled by Investigator Mark Spencer and Deputy Bureau Chief Antoine Karam of the Investigation Bureau, which is led by Chief Dominick Zarrella. Forensic auditor Jason Blair and legal analyst Sara Pogorzelski provided additional assistance.
The State Comptroller’s Division of Investigations conducted the investigation for Comptroller DiNapoli's Office.
Previously Removed Alien Sentenced to 15 Months for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK – Epifanio Andrade-Perez, 33, of Amsterdam, New York, was sentenced yesterday to 15 months of imprisonment for illegal re-entry by Chief United States District Court Judge Gary L. Sharpe in Albany, New York, announced United States Attorney Richard S. Hartunian and Field Office Director for ICE Enforcement & Removal Operations (ERO), Michael T. Phillips, Buffalo, NY.
On October 21, 2014, Andrade-Perez gave a false name to a Deputy Montgomery County Sherriff. ICE officers responded and determined that Andrade-Perez was an alien, a citizen of Mexico and that he had been removed from the United States to Mexico in 2008.
The case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Albany, New York and prosecuted by Assistant United States Attorney Edward P. Grogan.
Albanian National Indicted for Alien SmugglingRead the Press Release
SYRACUSE, NEW YORK – On April 30, 2015, Ergys Metashi (34), of Albania, was indicted on one count of bringing an alien into the United States without authorization, announces United States Attorney Richard S. Hartunian and Homeland Security Investigations, Resident Agent in Charge Brian Devine.
The indictment charges Mr. Metashi, a commercial truck driver from Albania who lives and works in Canada, with bringing an alien into the United States from Canada at the port of entry at Alexandria Bay, New York, on March 31, 2015. Mr. Metashi allegedly agreed to smuggle the alien into the United States by hiding the alien in the sleeping compartment of a tractor trailer in exchange for payment. Law enforcement officials at the border found the alien hiding under a blanket and arrested Mr. Metashi. If convicted, Mr. Metashi faces up to ten years in prison. Following a detention hearing, Magistrate Judge Andrew T. Baxter ordered Mr. Metashi to be detained pending trial.
The case is being investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Michael F. Perry.
For additional information, contact Executive Assistant U.S. Attorney John G. Duncan at 315- 448-0672.
The charges and allegations announced today are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Man Sentenced for Drug and Gun OffensesRead the Press Release
SYRACUSE, NEW YORK – A man who previously had been found guilty in December 2014 by a federal jury of Possessing with the Intent to Distribute Crack Cocaine; Possessing a Gun in Furtherance of his Drug Dealing; and being a Felon in Possession of a Gun, was sentenced to a term of incarceration in U. S. District Court in Syracuse. SHAEEM GRADY (A/K/A SHAHEEM GRADY), 29, of Syracuse, NY, was sentenced to 75 months incarceration, 3 years of supervised release, and ordered to pay a special assessment of $300 by Senior, U.S. District Judge Frederick J. Scullin, Jr., according to U.S. Attorney Richard S. Hartunian. GRADY was arrested on March 22, 2013, when Syracuse police officers observed a baggie of crack cocaine in his lap as GRADY sat in the passenger seat of a car illegally parked on Catawba Street. Police attempted to place GRADY under arrest but GRADY violently resisted them while attempting to gain access to the center console of the vehicle where a loaded handgun was later recovered. During GRADY’s struggle with the police he told the driver of the vehicle to "pull off, drive away" while the officers were trying to physically remove him from the car. Officers were eventually able to take GRADY into custody. Later, as GRADY was walked to the Public Safety Building he stated to one of the officers "I wasn’t going to kill you." GRADY was prohibited from possessing a firearm due to a 2002 conviction for Criminal Possession of a Weapon in the Second Degree.
This prosecution resulted from an investigation conducted by the Syracuse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Geoffrey Brown. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at (315) 448-0672.
Three Members of International Synthetic Drug-Trafficking Organization Arrested in Los AngelesRead the Press Release
WASHINGTON – Three members of an international synthetic drug-trafficking organization—responsible for selling synthetic drugs with brand names like Twilite, Passion Sense, Stoopid, Black Diamond, and Platinum—were arrested in Los Angeles on April 14, 2015. The federal charges were unsealed in the Northern District of New York today. According to documents also unsealed in the Southern District of Indiana today, a leader of the organization has already pleaded guilty to federal drug-trafficking charges.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Richard S. Hartunian of the Northern District of New York, U.S. Attorney Josh J. Minkler of the Southern District of Indiana, and DEA New York Special Agent in-Charge James J. Hunt made the announcement.
"The manufacture and distribution of synthetic narcotics is a growing problem that is especially dangerous to the young people of our communities," said Assistant Attorney General Caldwell. "Drug traffickers peddle these illegal synthetic drugs with harmless sounding names to impressionable youth who are typically unaware of the harmful chemicals they actually are ingesting. The Criminal Division will continue to partner with local and federal law enforcement around the nation to stem the flow of these unsafe and illegal substances and bring the traffickers to justice."
"Despite the efforts of these drug traffickers to evade prosecution through the creation of synthetic drugs, these indictments demonstrate the ability of law enforcement to effectively respond to those who market these dangerous substances," said U.S. Attorney Hartunian. "We will continue to use all our resources to combat this national problem."
"Synthetic narcotics are not the harmless product traffickers and users make them out to be," said U.S. Attorney Minkler. "They are mind-altering substances that cause psychosis and even death with our nation’s youth."
"Abusing designer synthetic drugs is like playing a game of Russian Roulette, and DEA is aggressively going after those who import and distribute these poisons in neighborhoods and local communities," said DEA New York Special Agent in-Charge James J. Hunt. "These drug trafficking criminals have no regard for the health and well-being of those who abuse these drugs, nor do they have any regard for our nation’s laws. DEA must continue to attack these
dangerous drug facilitators who often prey on young, impressionable abusers, while educating Americans about this ever-changing new frontier of dangerous designer synthetic drugs."
Andrew Raymond, 36, Brian Requena, 37, and Zefren Michael, 35, all of Los Angeles, California, were indicted in the Northern District of New York for conspiracy to possess with the intent to distribute and to distribute controlled substance analogues in Central New York, intending that those analogues be used for human consumption. Raymond and Requena were also charged with a money laundering conspiracy.
In a related case, Roger Upchurch, 66, of Indianapolis, Indiana, pleaded guilty on March 11, 2015, before Chief U.S. District Judge Richard L. Young in the Southern District of Indiana, to conspiracy to distribute a controlled substance analogue and money laundering. Upchurch also forfeited over $2 million in cash and other assets obtained from his illegal activities, including a house, two cars and a Sweetwater pontoon boat. A sentencing date has not yet been scheduled.
As part of his guilty plea, Upchurch admitted that he was a leading member of the international drug-trafficking organization, working in the Los Angeles-area, to produce and distribute thousands of kilograms of smokable synthetic cannabinoids (SSCs) with brand names such as Twilite, Passion Sense, Stoopid, Black Diamond and Platinum. SSCs, also popularly known as "Spice," are smokable drugs that are designed to mimic marijuana. The synthetic chemicals used to produce these SSCs were imported from China, then applied to a plant-like substance and sold like marijuana in a smokable form.
According to allegations in the indictment, Raymond, Requena, Michaels, and others conspired with Upchurch to manufacture SSCs for distribution throughout the United States. In an effort to avoid detection and prosecution by law enforcement, the drug-trafficking organization allegedly mislabeled and fraudulently labeled packages with "not for human consumption" and other false statements, including falsely marketing their products as potpourri, incense or aroma.
The charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
This investigation is part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, and this case was supported under the DEA Special Operations Division’s Project Synergy. This case is the result of investigative efforts led by I.R.S. Criminal Investigations- Syracuse Office, DEA’s Syracuse Resident Office and DEA’s Indianapolis Field Office.
The case pending in the Northern District of New York is being prosecuted by Assistant U.S. Attorney Carla Freedman.
Man Pleads Guilty to Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Adam Rey Gonzalez, 28, of Schenectady, New York, pled guilty today in Albany before Senior United States District Judge Thomas J. McAvoy to one count of distribution 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.
"This case demonstrates that even sophisticated traders of child pornography will be identified and prosecuted," stated United States Attorney Richard S. Hartunian. "My office, working with our law enforcement partners, will use every tool at its disposal to track down and prosecute those who share movies and photographs depicting the sexual abuse of young children."
"Today’s guilty plea was the result of a diligent investigation that unraveled the web in which Mr. Gonzalez sought to anonymize his criminal online activities. Others who are engaging in similar online activity should be aware that we can identify them and will pursue criminal charges against them," said Special Agent-in-Charge Andrew W. Vale.
Gonzalez, who has been convicted twice previously for sexual offenses, faces a statutory mandatory minimum term of fifteen years of imprisonment and a maximum sentence of forty years of imprisonment, as well as a lifetime term of supervised release, a maximum fine of $250,000, and mandatory registration as a sex offender. Gonzalez will be sentenced in Albany on August 10, 2015.
As part of his guilty plea, Gonzalez admitted that he used a peer-to-peer file sharing program to distribute movies and photographs of young boys engaged in sexually explicit activity over the Internet. Gonzalez also admitted that he took numerous steps to remain anonymous while trading child pornography online, and that he kept a small computer hidden in his sofa specifically for the purpose of trading child pornography. A forensic examination of that computer ultimately revealed that Gonzalez had nearly a thousand files depicting children as young as age two engaged in sexually explicit conduct that he downloaded from the Internet and regularly traded with others.
This case was investigated by the Federal Bureau of Investigation, Albany Division, and is being prosecuted by Assistant United States Attorneys Wayne A. Myers, Emily T. Farber, and Special Assistant United States Attorney Amanda W. Cox.
Man Indicted for Preparing False Tax ReturnsRead the Press Release
ALBANY, NEW YORK – Gnoan Pierre Kablan was indicted on April 9 on 16 felony counts of aiding and assisting in the preparation and presentation of false and 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. On each count, Kablan faces a maximum imprisonment term of 3 years, a maximum fine of $100,000, a special assessment of $100, and a maximum term of supervised release of 1 year. As part of any sentence, Kablan may also be ordered to pay to the Treasury Department an amount equaling the tax loss that his conduct is found to have caused.
Kablan, 52, of Latham, was arraigned in Albany on April 13 before the Honorable Randolph F. Treece, United States Magistrate Judge, and released on his own recognizance pending a trial scheduled for June 15 before the Honorable Mae D’Agostino, United States District Court Judge.
According to the indictment, Kablan, a tax preparer working in Rensselaer County during the relevant time period, prepared at least 16 tax returns for 2008 through 2011 containing false deductions for charitable gifts, false deductions for unreimbursed employee expenses, and false solar property or energy efficiency credits that gave his taxpayer clients refunds that they were not entitled to.
"The defendant allegedly prepared tax returns that resulted in a tax loss to the U.S. Treasury Department because his clients were not entitled to the deductions and credits that they claimed," stated United States Attorney Richard S. Hartunian. "This being tax-paying season, now is a good time for our citizens to remember that willfully filing a false return can result in civil and criminal liability."
"The investigation of unscrupulous tax return preparers remains a priority for the Internal Revenue Service," said Shantelle P. Kitchen, IRS Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office. "We will vigorously pursue the prosecution of them with our partners in the United States Attorney’s Office."
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Assistant United States Attorney Michael Barnett is prosecuting this case, which is being investigated by the New York Field Office of the IRS-Criminal Investigation.
Men Sentenced for Food Stamp FraudRead the Press Release
ALBANY, NEW YORK – FAISAL Q. MORSHED, 35, of Verplanck, New York, and IBRAHIM Q. MURSHED, 25, of Hudson, New York, were sentenced yesterday for conspiring to commit Supplemental Nutrition Assistance Program ("SNAP") fraud, and SNAP fraud, by Senior United States District Judge Thomas J. McAvoy, announced United States Attorney Richard S. Hartunian, Columbia County Sheriff David Bartlett, U.S. Department of Agriculture, Office of the Inspector General, Northeast Region Special Agent in Charge William G. Squires, Jr., and U.S. Department of Homeland Security, Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola.
FAISAL MORSHED was sentenced to 18 months in prison and three years of supervised release. The court ordered that he pay $247,736 restitution to the U.S. Department of Agriculture ("USDA").
IBRAHIM MURSHED was sentenced to five years of probation. The court ordered that he pay $26,134 restitution to USDA.
As part of their December 3, 2014, guilty pleas, MORSHED and MURSHED admitted that, while working at D&D Deli & Grocery, in Hudson, New York, they conspired to exchange SNAP beneficiaries’ food stamps for cash.
SNAP, formerly known as the Food Stamp Program, uses tax dollars to subsidize food purchases by eligible low-income households. SNAP benefits may only be used to purchase food in approved retail food stores, and may not be exchanged for cash.
A jury convicted coconspirators MOFADDAL M. MURSHED and AHMED A. ALGAHAIM of conspiracy to commit SNAP fraud and SNAP fraud on December 16, 2014. They are scheduled to be sentenced on June 8, 2015, in Albany.
The case was investigated by the Columbia County Sheriff’s Office, the U.S. Department of Agriculture, Office of Inspector General, the U.S. Secret Service, and the Department of Homeland Security, and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Man Sentenced on Child Pornography ChargesRead the Press Release
PLATTSBURGH, NEW YORK – Frank Daniels, 37, of Gouverneur, New York, was sentenced yesterday in federal court in Utica to 5 years in prison followed by 15 years of supervised release for distribution, receipt, and possession of child pornography announced United States Attorney Richard S. Hartunian and Homeland Security Investigations (HSI) Resident Agent in Charge Russell Linstad.
"The sharing and distribution of child pornography images is not a victimless crime," stated United States Attorney Richard S. Hartunian. "The children in such photos are abused, violated and humiliated. Our office will continue to vigorously prosecute those who perpetuate their trauma by gathering and sharing such images."
"Sexually exploiting children is a horrendous crime that has long-term traumatic effects on the most vulnerable individuals in our society," said Resident Agent in Charge Linstad. "HSI will continue to work aggressively with our law enforcement partners to identify and apprehend predators who exploit our children and steal their innocence."
On December 3, 2014, Daniels pled guilty to distribution, receipt, and possession of child pornography. As part of the investigation, law enforcement officials seized Daniels’ computers and found 234 videos depicting children engaged in sexually explicit conduct which he downloaded from the Internet.
Homeland Security Investigations Massena, NY investigated the case. Assistant United States Attorney Katherine Kopita prosecuted it.
Columbian Citizen Sentenced to 25 Months Federal ImprisonmentRead the Press Release
ALBANY, NEW YORK – Walter Elicer Luna Cayseda, 49, of Bronx, New York, was sentenced Wednesday in United States District Court in Utica for making a false statement and aggravated identity theft, announced United States Attorney Richard S. Hartunian and United States Customs Acting Director of Field Operations Rose Hilmey, Buffalo, New York. United States District Court Judge David N. Hurd sentenced Luna Cayseda to 25 months imprisonment, followed by a three year period of supervised release. Upon completion of his sentence, the United States Department of Homeland Security will process the defendant for removal from the country.
These charges stemmed from the defendant’s conduct at the Champlain Port of Entry on August 26, 2014. At that time the defendant provided authorities with a false name telling them he was a United States citizen born in Puerto Rico. He made these statements during an immigration inspection at the Port of Entry. The defendant also used a New York State driver’s license that contained his picture but listed a false name. The defendant is actually a citizen of Columbia. He was previously removed from the United States to Columbia in 1997.
The case was investigated by the United States Department of Homeland Security, Customs and Border Protection, Champlain, New York. The case was prosecuted by Assistant United States Attorney Edward P. Grogan.
Two Indicted for Grandparent Fraud SchemeRead the Press Release
PLATTSBURGH, NEW YORK – Christie Joseph, 24, and Naromie Joseph, 28, were arrested on April 3, 2015 after a federal grand jury indicted them for conspiracy to commit mail fraud and four counts of mail fraud, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Acting Special Agent in Charge Michael Kennedy. The defendants appeared in federal court in Plattsburgh on April 6, 2015 and were detained pending a detention hearing set for April 9, 2015 at 8:30 am. If convicted, each defendant faces a maximum sentence that includes 20 years imprisonment and a $250,000 fine.
According to the indictment, the Josephs picked up money which elderly people had sent believing that they were sending money to benefit their grandchildren who were in trouble. As alleged in the indictment, the elderly victims had been contacted by people who told them that their grandchildren needed money for bail and other purposes; once the money arrived at various addresses in Plattsburgh, the Josephs picked it up and delivered it to others.
"As alleged, these two defendants preyed upon the love of relatives and manufactured an emergency situation to get money," explained United States Attorney Richard S. Hartunian. "Citizens should confirm the existence of a family emergency before taking financial steps to assist a loved one."
"These types of scams, while nothing new, are becoming increasingly pervasive and sophisticated," said Acting Special Agent in Charge Kennedy. "And more often than not, these unscrupulous scammers are targeting the elderly, which is why HSI is urging the public to act as their first line of defense by taking some very basic precautions." Prevention tips are listed below.
The United States Attorney’s Office and Homeland Security Investigations would like to remind the public of the following:
- Be suspicious of anyone who calls unexpectedly asking for cash.
- Verify any supposed emergency, by calling friends and family, before sending money.
- Develop a secret code or "password" with family members that can be used to verify a true emergency.
- Resist the pressure to act quickly.
- Try to contact another family member to determine whether or not the call is legitimate.
- Never wire money based on a request made over the phone or in an e-mail...especially overseas. Wiring money is like giving cash-once you send it, you can’t get it back.
Contact Homeland Security Investigations at 1-866-DHS-2ICE or submit at ice.gov/tips or contact local authorities or state consumer protection agency if you think you’ve been victimized.
The charges in the indictment are merely accusations. The defendants are presumed innocent until proven guilty.
Assistant United States Attorney Katherine Kopita is prosecuting the case. The Plattsburgh Police Department originated the investigation and partnered with Homeland Security Investigations throughout. The United States Postal Service, Clinton County Sheriff's Office, the Canada Border Services Agency and the Royal Canadian Mounted Police Project COLT also participated.
Man Sentenced for Distribution of Child PornographyRead the Press Release
ALBANY, NEW YORK – James J. McGonigle, age 42, of Troy, was sentenced today in Albany before United States District Judge Mae A. D’Agostino on distribution and possession of child pornography, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola. McGonigle was sentenced to 120 months on Distribution of Child Pornography and 120 months on Possession of Child Pornography, to run concurrently, for a total sentence of 10 years. The sentence included 15 years of supervised release upon release from prison and a $200 special assessment fee.
As part of his guilty plea, McGonigle admitted that he distributed videos of child pornography by e-mail. On March 5, 2014, investigators executed a federal search warrant at McGonigle’s residence in Troy, New York, and recovered 364 still images and 50 videos depicting child pornography from his smartphone.
"Child pornography consists of photographic images of minors, even infants, being sexually harmed, humiliated and scarred for life. Sentences for defendants who view and share such images must serve as both a deterrent and a warning that such behavior is wrong and will not be tolerated," said United States Attorney Richard S. Hartunian.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
California Man Sentenced in Federal Court in Syracuse for Sexually Exploiting Four Jefferson County Girls over the InternetRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced the sentencing today of a Marina, California man on federal child exploitation charges.
DENNIS WHITT, age 41, was sentenced today by Hon. Glenn T. Suddaby to a total of 60 years in federal prison for enticing four minor children, ages 7 to 16, to engage in sexually explicit conduct with themselves and with one another, for the purpose of transmitting live depictions of the abuse to Whitt over the Internet. In November, 2014 WHITT pled guilty to seven counts of sexually exploiting these children.
Investigation by the New York State Police and the Federal Bureau of Investigation revealed that the four Jefferson County children were communicating with someone over the Internet who portrayed himself to be a 16 year old boy from California named "Lucas." "Lucas," never showed his face to the children, and would type directions to them as to what sexual conduct he wanted them to display for him, live, over the Internet.
As the result of the investigation the FBI executed a search warrant at WHITT’s California home in April of 2014, and WHITT was confirmed to be "Lucas." A review of WHITT’s computers revealed video and image files WHITT had recorded of the Jefferson County victims, as well as similarly explicit video and image files of other children. WHITT had catalogued over 10,000 video and image files depicting these children. To date, the FBI has identified a total of 35 children WHITT engaged with over the Internet, and whose sexually explicit images WHITT catalogued on his computers.
In addition to the 60 year sentence, WHITT was sentenced to a term of supervised release for life, and will be required to register as a sex offender.
WHITT’s arrest is the result of an investigation by the New York State Police and the Federal Bureau of Investigation, supported by the Northeast Cyber Forensics Center at Utica College, and the Jefferson County District Attorney’s Office. WHITT was prosecuted by Assistant U.S. Attorney Lisa Fletcher, 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.
Former Fort Drum Employee Sentenced for False StatementRead the Press Release
SYRACUSE, NEW YORK – On April 2, 2015, ANTHONY B. FELDER (44) of Redwood, New York, was sentenced to 2 years of Probation and a $5,000 fine by the Honorable David E. Peebles, announced United States Attorney Richard S. Hartunian and Marion F. Robey, Director, Major Procurement Fraud Unit, U.S. Army Criminal Investigation Command (Army CID), Quantico, Virginia. Judge Peebles also ordered Felder to pay $35,500 in restitution to the United States Army Corps of Engineers.
Felder pled guilty in November 2014 to knowingly making a false statement regarding outside positions he held while employed by the Army Corps of Engineers at Fort Drum in Jefferson County, New York. Felder subsequently resigned his position as a project manager with the Army Corps of Engineers.
In January 2009, Felder incorporated a proprietary engineering company named East Coast Mitigation, which soon thereafter began performing environmental subcontract work at Fort Drum. The following month, Felder, who was legally barred from doing outside work on any contracts at Form Drum while employed by the Army Corps of Engineers, submitted a certification form in which he was required to report "[a]ll positions [held] outside the U.S. Government." When he submitted the form, Felder reported various outside positions which did not conflict with his employment at Fort Drum, but he did not disclose his ownership interest in East Coast Mitigation. As a result, Felder earned a personal profit of $35,500 from the subcontract work performed by East Coast Mitigation before his false statement was discovered.
This case was investigated by the Major Procurement Fraud Unit, Army CID, the Defense Criminal Investigative Service, Office of Inspector General, and the Federal Bureau of Investigation, and it was prosecuted by Assistant United States Attorney Michael F. Perry. Please direct press inquiries to Executive Assistant U.S. Attorney John Duncan at 315-448-0672.
Men Sentenced for Food Stamp FraudRead the Press Release
SYRACUSE, NEW YORK – Two men who previously pled guilty to federal charges of Conspiracy to Commit Food Stamp Fraud were sentenced to terms of incarceration in U. S. District Court in Syracuse. Ebrima KRUBALLY, 46, of Syracuse, NY, was sentenced to 48 months incarceration and Alieu JAITEH, 32, also of Syracuse, was sentenced to 18 months incarceration according to U.S. Attorney Richard S. Hartunian and Brian Devine, Resident Agent in Charge, Homeland Security Investigations, Syracuse Office. U.S. District Judge Glenn T. Suddaby also ordered both to pay restitution of $1,709,304.81 in connection with the fraud scheme. JIATEH is also facing possible deportation as a result of this conviction as well as for other immigration violations.
KRUBALLY, a naturalized U.S. citizen from The Gambia, had been employed by the New York Department of Transportation as an engineer. KRUBALLY also owned and operated MAMA’s Imports, a food store formerly located at 529 N. State Street, Syracuse, NY. JAITEH, a foreign national, also from The Gambia, is a former employee of MAMA’s Imports. Between 2009 and 2012, the defendants conspired to commit more than $1.7 million fraud scheme by exchanging SNAP (Food Stamp) benefit coupons (including electronic benefits cards) for a discounted amount of cash or non-food items (i.e., clothing, cellular phones, DVD’s).
The Food Stamp Program is now referred to as the Supplemental Nutrition Assistance Program (SNAP). SNAP uses tax dollars to subsidize food purchases by eligible low-income or no-income households. SNAP benefits may only be used to purchase food in approved retail food stores, and may not be exchanged for cash or non-food items.
These sentencings are the culmination of a joint investigation conducted by Special Agents from the U.S. Department of Agriculture’s Office of the Inspector General and Homeland Security Investigations (HSI), the investigative component of U.S. Immigration and Customs Enforcement, and prosecuted by the U.S. Attorney’s Office for the Northern District of New York in Syracuse. Substantial assistance was also provided throughout the investigation by the Onondaga County Department of Social Services’ Welfare Fraud Unit, Oneida County Social Services, and the New York State Police.
The case was prosecuted by Assistant U. S. Attorney Geoff Brown. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at 315-448-0672.
Man Sentenced for Production of Child PornographyRead the Press Release
ALBANY, NEW YORK – Robert V. McLaughlin, age 58, of Mechanicville, New York, was sentenced today by the Honorable Mae A. D’Agostino to 720 months in federal prison followed by a lifetime term of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation. The sentence follows McLaughlin’s guilty plea on November 13, 2014 to two counts of production of child pornography.
The evidence supporting this conviction included McLaughlin’s admission that between 2012 and 2014, he engaged in sexually explicit conduct with two young girls for the purpose of producing visual depictions of that abuse, and that he produced such depictions. In discussing the seriousness of the offenses, which involved the deliberate grooming of two innocent children, Judge D’Agostino noted that to describe McLaughlin’s actions as "disturbing" would be an understatement. The Judge went on to note that the public must be protected from McLaughlin’s predatory behavior.
This prosecution resulted from an investigation conducted by the Federal Bureau of Investigation and the New York State Police. It was prosecuted by Assistant United States Attorney Lisa M. Fletcher and Special Assistant United States Attorney Amanda W. Cox.
Man Convicted of PerjuryRead the Press Release
SYRACUSE, NEW YORK – JOSEPH JENKINS, age 45 of Geneva, New York, was found guilty of perjury on April 1, 2015 following a jury trial in federal court in Syracuse, announced United States Attorney Richard S. Hartunian.
The perjury charges arose from JENKINS’s request for appointment of counsel to represent him in connection with prior federal charges filed in 2011 relating to possession and transportation of child pornography. In his application for appointment of counsel, JENKINS made sworn statements to the court about his financial condition. Based on those statements, the court found JENKINS eligible for appointment of free counsel. But JENKINS did not disclose in his sworn statements that he in fact owned investment accounts worth more than $200,000. JENKINS also failed to disclose his ownership of various boats and recreational vehicles.
United States District Judge Elizabeth A. Wolford scheduled sentencing for August 3, 2015. JENKINS faces a maximum term of imprisonment of five years and a fine of up to $250,000.
JENKINS was previously convicted on February 6, 2014, following a jury trial, of possession and transportation of child pornography. He was sentenced on November 18, 2014, to a term of imprisonment of 225 months and a fine of $40,000, and he was ordered to pay restitution to the victims of his crimes.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Nicolas Commandeur.
Man Convicted of Illegally Possessing Handgun and AmmunitionRead the Press Release
ALBANY, NEW YORK – On Friday, March 27, 2015, a federal jury in Albany convicted Shakir Michael, age 37, of Albany, New York, of being a felon in possession of a firearm, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Delano A. Reid of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, New York Field Division. Michael faces a maximum sentence of imprisonment of ten years and a maximum fine of $250,000 for possessing a loaded Mossberg 12 gauge shotgun. Michael, having previously been convicted on two prior occasions of felony offenses under New York State law, was prohibited from carrying any firearms under federal law. Michael, who was convicted after a four day trial, will remain in custody until his sentencing scheduled for August 4, 2015 by United States District Judge Mae A. D’Agostino. The jury acquitted Michael of a separate charge of possessing a firearm in furtherance of a drug trafficking crime.
This prosecution resulted from an investigation conducted by the Albany Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant United States Attorney Robert A. Sharpe.
West Leyden Man Arrested for Distributing Child PornographyRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced the arrest today of a West Leyden, New York man on federal child pornography charges.
A criminal complaint filed in United States District Court charges BRIAN MINGO, age 38, with knowingly distributing child pornography through an Internet file sharing program. The complaint alleges that in February of 2015 an undercover agent with Homeland Security Investigations (HSI) downloaded 104 files of child pornography that were being shared by MINGO through an Internet account.
MINGO made his initial appearance this afternoon before Hon. David E. Peebles, United States Magistrate Judge, and was detained pending a hearing set for Wednesday, April 1, 2015 at 1:00 p.m. He faces a mandatory minimum penalty of 5 years imprisonment, with maximum penalty of 20 years. He also faces a potential fine of up to $250,000, a required term of supervised release of at least 5 years, and up to life, and mandatory registration as a sex offender.
"One image depicting the sexual exploitation of a child is too many. HSI, along with our law enforcement partners and the U.S. Attorney’s Office, will continue to use our unique and robust investigative authorities to identify, apprehend, and prosecute individuals who commit these kinds of crimes." said Brian Devine, resident agent in charge of Homeland Security Investigations in Syracuse.
MINGO’s arrest is the result of an investigation by Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Lisa Fletcher, 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.
The charges against MINGO are merely accusations and the defendant is presumed innocent until and unless proven guilty.
11 Defendants Indicted on Drug and Gun Charges in SchenectadyRead the Press Release
ALBANY, NEW YORK – Eleven defendants were arrested today on federal felony charges arising out of the sale of cocaine base (crack) and firearms in and around Schenectady, New York, announced United States Attorney Richard S. Hartunian, Federal Bureau of Investigation Special Agent in Charge Andrew W. Vale, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Delano A. Reid. The charges are set forth in nine indictments that were unsealed this afternoon in federal court in Albany. The defendants were arrested this morning, arraigned before United States Magistrate Judge Christian F. Hummel, and detained pending detention hearings which are scheduled for Monday and Tuesday of next week.
These charges are the result of a joint investigation conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Schenectady District Attorney’s Office, the Schenectady Police Department, the New York State Department of Corrections, the New York National Guard Counter-Drug Task Force, the Albany County Sheriff’s Office, and the Office of the United States Attorney for the Northern District of New York.
United States Attorney Hartunian said, "I want to commend our local, state and federal law enforcement partners for their tireless efforts in bringing about these arrests today. This case serves as a strong message that we will vigorously pursue and prosecute all those who endanger our neighborhoods though the distribution of illegal drugs and illegal firearm activity."
Special Agent in Charge Vale stated, "Today’s arrests are clear evidence of the success of law enforcement partnerships. Schenectady neighborhoods, as well as the Greater Capital Region, are safer now than they were just hours ago. This investigation reflects our collective dedication to deterring illegal drug and firearm activity, and we will continue to actively identify individuals throughout the area who are involved in such criminal acts."
Special Agent in Charge Reid said, "I am extremely gratified with today’s arrests. The public – including the criminal element – must really appreciate how effective law enforcement can be once it focuses its resources on those violating the law. While each of our partners brings their own specialized expertise to the table in cases such as this, it is only through an open and collaborative effort that we can achieve these impressive results."
The cases are being prosecuted by Assistant United States Attorneys Sean O’Dowd and Kofi Sansculotte and Special Assistant United States Attorney Jennifer M. Assini from the Schenectady County District Attorney’s Office.
Defendants Charged
NAME
AGE
RESIDENCE
CHARGES
POTENTIAL TERMS OF IMPRISONMENT
Kareem Thompson,
a/k/a Gorilla
32
Schenectady
Conspiracy to possess with intent to distribute crack
Possession with intent to distribute crack (2 counts)
Maximum: Life
Mandatory minimum: 10 years
Assan Allah,
a/k/a Jamel Campbell, a/k/a Just
47
Schenectady
Conspiracy to possess with intent to distribute crack
Possession with intent to distribute crack (2 counts)
Maximum: Life
Mandatory minimum: 10 years
Darrel Irving-Anderson
, a/k/a Lil’D23
Schenectady
Possession with intent to distribute crack (2 counts)
Maximum: 40 years
Mandatory minimum: 5 years
Leryco Hayes,
a/k/a Big Bro
44
Schenectady
Possession with intent to distribute crack (2 counts)
Maximum: 40 years
Mandatory minimum: 5 years
Kathlynne Marable,
a/k/a Kat
28
Albany
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Charles McCormick, Jr.,
a/k/a C
21
Schenectady
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Barrington Mordaunt,
a/k/a Bigz
51
Schenectady
Possession with intent to distribute crack (3 counts)
Maximum: Life
Mandatory minimum: 10 years
Autumn Saglimbeni
29
Schenectady
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Richel Skokan,
a/k/a Shel, a/k/a Sheryl
38
Schenectady
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Sharma Sukdeo,
a/k/a Andrew
20
Valley Stream, L.I.
Dealing firearms without a license
Maximum: 5 years
Jayquan Tomer,
a/k/a Killer
23
Schenectady
Conspiracy to possess with intent to distribute crack
Possession with intent to distribute crack (3 counts)
Maximum: Life
Mandatory minimum: 10 years
The charges are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.
Rensselaer County Man Pleads Guilty to Distribution, Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Howard Hazelton, age 63, of Rensselaer County, New York, pled guilty today in Albany before United States District Judge Thomas J. McAvoy to two counts of distribution of child pornography, one count of receipt of child pornography and five counts of possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
Hazelton faces at least 5 years and up to 20 years of imprisonment, as well as a term of supervised release of at least 5 years and up to life. He also faces a maximum fine of $250,000 and mandatory registration as a sex offender. Hazelton will be sentenced in Albany, New York on August 11, 2015.
As part of his guilty plea, Hazelton admitted that in August and September 2013, he knowingly distributed child pornography, and that in November 2013, he knowingly received child pornography and possessed child pornography involving prepubescent minors and minors who had not attained 12 years of age.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Special Assistant United States Attorney Amanda W. Cox.
Request for CoverageRead the Press Release
ALBANY, NEW YORK – United States Attorney Richard S. Hartunian, along with heads of the FBI, DEA, ICE/HSI, U.S. Marshals Service, U.S. Secret Service, U.S. Postal Inspection Service and Troy Police Department, will meet with TRIP – Troy Rehabilitation & Improvement Program – and TNAC – Troy Neighborhood Action Council – members to discuss how the federal and local law enforcement agencies work to keep them safe and address their crime concerns. The meeting is titled "Your Federal Tool Box". The meeting details are:
Monday, March 23rd
6 – 7:30 PM
Blitman Commons Residence Hall
1800 6th Ave.
Troy, NYUnited States Attorney Joined by 17 Federal, State and Local Law EnforcementRead the Press Release
ALBANY, NEW YORK – United States Attorney Richard S. Hartunian was joined today by seventeen other federal, state and local law enforcement agencies to announce the initiation of the LEADership – Legal Education And Decision-making – Project in the enlarged City School District of Troy.
"The LEADership Project is a crime prevention program designed to reach the youngest members of our communities – all 5
th grade students in the Enlarged City of Troy School District – and to teach them Legal Education And Decision-making skills, skills which will help them to avoid gangs, drugs and violence and lead productive, law abiding lives.," said U.S. Attorney Hartunian. "With the LEADership Project we hope to accomplish two goals: first, to increase the awareness of our youth, specifically Troy’s 5th graders, about the dangers that gangs present to them and their communities, by discussing the myths of gang life, and letting them hear from a former gang member that gang life really amounts to ‘no life’. The second thing we hope to accomplish, in furtherance of Attorney General Eric Holder’s Smart on Crime initiative, is to build greater trust between Troy’s community members and the law enforcement officials who put their lives on the line every day to preserve public safety."
Joining the U.S. Attorney in today’s announcement were the heads of the following agencies, all participating in the project:
• United States Attorney’s Office
• Bureau of Alcohol, Tobacco, Firearms and Explosives
• Federal Bureau of Investigation
• Internal Revenue Service-Criminal Investigations
• Transportation Security Administration
• United States Coastal Guard- Sector New York
• United States Immigration and Customs Enforcement- Homeland Security Investigations
• United States Marshals Service
• United States Postal Inspection Service
• United Sates Postal Service Office of the Inspector General
• United States Probation and Pretrial Services
• New York State Department of Corrections and Community Supervision
Cortland Man Charged with ThreatsRead the Press Release
PLATTSBURGH, NEW YORK – On March 11, 2015, a federal grand jury indicted Roy S. Redeye, age 38, with threatening to kill three Saint Regis Mohawk Police Officers, announced United States Attorney Richard S. Hartunian, Homeland Security Investigations Special Agent in Charge James Spero, and Saint Regis Mohawk Police Chief Matthew Rourke. According to the two-count indictment, on February 6, 2015, Redeye threatened to kill the police officers in posts on his Facebook page.
Redeye was arrested in Cortland, New York, on February 10, 2015, where he was living at that time. On February 26, 2015, he had his initial appearance before United States Magistrate Judge Gary L. Favro
; the defendant has been detained since then. The trial date will be set in the coming days.
If convicted of these charges, the maximum penalties the defendant faces include: a term of imprisonment of 5 years; a fine of $250,000; a term of three years of supervised release; and payment of restitution to the victims.
The case is being investigated by agents of Homeland Security Investigations based in Massena, New York. Assistant United States Attorney Elizabeth Horsman is prosecuting the case.
The charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.
Ghent, NY Man Pleads Guilty to Money Laundering ConspiracyRead the Press Release
ALBANY, NEW YORK – Michael Elcox, 43, of Ghent, New York, entered a plea of guilty today to conspiracy to launder money before United States District Judge Thomas J. McAvoy, announced United States Attorney Richard S. Hartunian and James J. Hunt, Special Agent in Charge of the Drug Enforcement Administration (DEA), New York Division.
Elcox admitted that he was involved in the illegal distribution of marijuana and conspired to launder the proceeds of that illegal marijuana distribution by routing money through bank accounts held by a co-conspirator and moving cash from New York to Florida. Federal agents seized more than $300,000 in cash, representing proceeds of Elcox’s illegal marijuana distribution, from locations in New York and Florida.
Sentencing is scheduled for July 13, 2015 in Albany. Elcox faces a maximum sentence of up to twenty years in prison, a fine of up to $500,000, and three years of supervised release following his release from prison.
The case was investigated by Special Agents of the DEA Albany District Office, New York Division, DEA Gainesville Resident Office, Miami Field Division and Internal Revenue Service–Criminal Investigations, New York Field Office, as well as the Columbia County Sherriff’s Department, as part of the DEA’s High Intensity Drug Trafficking Area Program. The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Oneida County Man Sentenced for Mail TheftRead the Press Release
SYRACUSE, NEW YORK – On March 9, 2015, MICHAEL OLIVER (34) of Waterville, New York, was sentenced in United States District Court following his earlier plea of guilty to two counts of obstructing the United States mail, in violation of 18 U.S.C. § 1701.
United States Magistrate Judge David E. Peebles sentenced OLIVER to one year of Probation and 25 hours of community service. Additionally, the judge imposed a $250 fine and ordered OLIVER to pay $1,155.95 in restitution to the known victims.
These charges stemmed from an investigation by the U.S. Postal Inspection Service and the Office of Inspector General of the U.S. Postal Service. The investigation revealed that OLIVER obstructed the passage of the mail by opening envelopes addressed to others and stealing the contents of that mail, all while employed as a highway contract driver for the Postal Service in Oneida and Chenango counties. Between May and September 2014, OLIVER stole greeting cards, cash, and gift cards, among other things, from at least 160 different pieces of mail. In advance of sentencing, thirty-one victims submitted victim-impact statements for the court to consider in imposing OLIVER’s sentence.
This case was prosecuted by Assistant United States Attorney Michael F. Perry.
For additional information, contact Executive Assistant U.S. Attorney John G. Duncan at 315- 448-0672.
New Hartford Man Sentenced to 160 Months on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced that WILLIAM P. MC COY, 66, of New Hartford, New York was sentenced today in United States District Court following his earlier plea of guilty to a four-count Information charging him with receipt and possession of child pornography.
United States District Judge Glenn T. Suddaby sentenced MC COY to concurrent terms of 160 months imprisonment on each of the four counts. Following his term of imprisonment, MC COY will be placed on supervised release for 20 years, and will be required to register as a sex offender.
MC COY’s arrest came about as a result of an investigation by the United States Department of Homeland Security, Homeland Security Investigations, with assistance from the New York State Police and United States Postal Inspection Service. Agents discovered that MC COY had been using the Internet to obtain and share child pornography. They recovered nearly 1,200 images and 4 video files depicting the abuse of children from MC COY’s computers and other electronic devices. They also recovered evidence that MC COY created child pornography by morphing innocent images of children by adding objects to the images to make them sexually explicit. Additionally, agents also discovered that MC COY created his own videos of actual children by surreptitiously videotaping, on separate occasions, two minor children, capturing depictions of the children as they undressed.
MC COY was prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 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
www.projectsafechildhood.gov
Utica Woman Convicted on Charges of Health Care FraudRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced today the conviction of a Utica woman on charges of health care fraud.
BONNIE MEISLIN, age 45, of Utica, was found guilty on February 25, 2015 following a jury trial in federal court in Utica. MEISLIN was employed at Upstate Pain Medicine, which had medical offices at 59 South First Street, Fulton, New York and 287 Genesee Street, Utica, New York. Upstate Pain Medicine was owned by Mahesh Kuthuru, M.D. Following a six day trial, MEISLIN was found guilty on 23 counts of health care fraud and 1 count of conspiring with Kuthuru to send false and fraudulent billings to Medicare. In 2009, Kuthuru had moved to Las Vegas where he opened a medical practice known as Desert Pain Management. Kuthuru began to spend the majority of his time in Las Vegas and returning to his Utica and Fulton offices only intermittently. From January 2010 through September 2011, MEISLIN and Kuthuru submitted false and fraudulent bills to Medicare which indicated that Kuthuru or another medical professional under his direct supervision had treated a patient in the New York offices, when in fact Kuthuru was either in Nevada or outside the country and had not seen the patient nor supervised a medical professional who had done so.
United States District Court Judge David N. Hurd scheduled sentencing for July 1, 2015. MEISLIN faces a maximum term of imprisonment of ten years and a fine of $250,000 on each of the health care fraud counts. The maximum prison term for the conspiracy count is five years and a fine of $250,000.
Kuthuru had earlier pled guilty to health care fraud and illegal distribution of prescriptions on January 22, 2015. He is scheduled to be sentenced on May 22, 2015 at 12:00 pm in Utica.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the New York Department of Health, Bureau of Narcotic Enforcement, the Health and Human Services Department, the Worker’s Compensation Board, Office of Inspector General, Excellus Special Investigations Unit, Safeguard Services and MVP Health Care, Special Investigations Unit. The case was prosecuted by Assistant U.S. Attorney Edward R. Broton.
Mayfield Man Pleads Guilty to Production of Child PornographyRead the Press Release
ALBANY, NEW YORK – RICHARD HASTINGS, 19, of Mayfield, NY entered a plea of guilty in Albany today to production and possession of child pornography before Chief United States District Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian, Nicolas DiNicola, Assistant Special Agent in Charge, Homeland Security Investigations, and Captain Timothy Munro, New York State Police Troop G, Bureau of Criminal Investigation. Sentencing is set for June 3, 2015 at 10 AM.
In July 2013, RICHARD HASTINGS produced sexually explicit photographs of a minor victim and e-mailed some of these photographs to an undercover law enforcement officer in an effort to trade them for additional images of child pornography. On August 8, 2013, law enforcement officers executed a federal search warrant at the defendant’s Mayfield residence and seized his computer which contained the images of the minor victim and additional images of child pornography. As a result, he was placed under arrest. His brother, ROBERT HASTINGS, was also charged with federal child pornography offenses and is currently awaiting trial.
*The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.
RICHARD HASTINGS faces a statutory minimum of fifteen years of imprisonment, a maximum sentence of thirty years of imprisonment, and a maximum fine of $250,000. He will remain in custody until sentencing.
This case was investigated by Homeland Security Investigations and the New York State Police. The case is being prosecuted by Assistant United States Attorney Sean O’Dowd, as part of Project Safe Childhood.
Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Launched in May 2006 by the Department of Justice, and 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
Rochester, New York - Man was Indicted by a Northern District of New York Grand Jury on One Count of Bank Robbery.Read the Press Release
Robbery of Summit Federal Credit Union in Syracuse Took Place in Broad Daylight
SYRACUSE, NEW YORK
RONALD REID (52) of Rochester, New York, was indicted by a Northern District of New York Grand Jury on one count of bank robbery, announces United States Attorney Richard S. Hartunian.
According to the Indictment, the defendant robbed the Summit Federal Credit Union on Erie Boulevard East in Syracuse on January 26, 2015, by demanding money from a teller. The crime allegedly occurred just before 1:00 pm. If convicted of bank robbery, Reid faces up to twenty years in prison.
The charges and allegations in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the Syracuse Police Department. The case is being prosecuted by Assistant United States Attorney Michael F. Perry. Please direct press inquiries to Executive Assistant U.S. Attorney John Duncan at 315-448-0672.
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Phoenix Arizona - Woman Pled Guilty to Mail Fraud and Aggravated Identity Theft.Read the Press Release
SYRACUSE, NEW YORK –United States Attorney Richard S. Hartunian and IRS-Criminal Investigations, New York Field Office, Special Agent in Charge Shantelle P. Kitchen announced that Elaine Monique Zavala-Charres, 34, of Phoenix Arizona pled guilty today in federal court in Utica, New York to mail fraud and aggravated identity theft in a case involving false federal income tax returns that resulted in the theft of over $260,000.00 from the IRS. Zavala-Charres admitted that in 2011 and 2012 she operated a scheme with her codefendant, Lacey Hollinger, a Massena, New York native, wherein Massena area residents were contacted via Facebook and other electronic media to tell them they were eligible for a tax refund even though they were unemployed and had no income as part of a U.S. Government "stimulus program." No such program existed. Several dozen responded, giving Hollinger their personal identification information (date of birth, social security number, etc.). Hollinger forwarded this information to Elaine Monique Zavala-Charres in Phoenix, Arizona, who used it to create false and fraudulent tax returns that generated over $260,000.00 in tax refunds. Zavala-Charres and Hollinger stole these funds after they were electronically deposited in bank accounts they controlled in Arizona.
The Massena area residents never saw the tax returns, which falsely represented that they were self-employed and entitled to a refund. Some did get pre-paid debit cards that Hollinger and Zavala-Charres caused them to receive in the mail. Many got nothing, with Elaine Monique Zavalla-Charres and Lacey Hollinger keeping most of the refund money.
Lacey Hollinger, 27, pled guilty to these same charges and will be sentenced on March 5, 2015.
"Identify theft and false income tax filings are two crimes that are increasingly affecting the public," stated United States Attorney Richard S. Hartunian. "The most important thing for citizens to remember is to never give their personal identifying information out to people they don’t know or who shouldn’t need that information."
At sentencing on June 10, 2015 in Utica, Elaine Monique Zavala-Charres faces a maximum sentence of up to twenty (20) years for her conviction for mail fraud and a fine of up to $250,000.00 as well as restitution. She faces an additional mandatory sentence of two (2) years imprisonment for her plea of guilty to aggravated identity theft, to be served consecutively to her mail fraud sentence. She faces up to three (3) years of supervised release following her release from prison.
Massena, New York - Man was Sentenced to 84 Months in Prison for Receipt of Child Pornography.Read the Press Release
PLATTSBURGH, NEW YORK – Robert Girard, 56, of Massena, New York, was sentenced to 84 months in prison for receipt of child pornography yesterday in United States District Court in Utica, New York, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola.
"The receipt and viewing of child pornography is an atrocious crime. As people continue to share child pornography, the children in the images continue to be victimized," said United States Attorney Richard S. Hartunian. "Through collaborative law enforcement efforts, our offices continue to investigate and prosecute these cases to the fullest extent of the law."
"Homeland Security Investigations aggressively targets child predators as child exploitation cases are among the agency’s highest priority," stated Nicholas DiNicola, Assistant Special Agent in Charge of Homeland Security Investigations Buffalo. "Working as a team with the U.S. Attorney’s Office and our partners in law enforcement, Homeland Security Investigations will continue to target individuals seeking to harm children."
Girard pled guilty on October 16, 2014 to one count of receipt of child pornography. As part of his plea, Girard admitted that he used peer-to-peer software to download and share child pornography over the internet. Girard’s sentence also includes a term of supervised release, registration as a sex offender, payment of a $100 special assessment, and forfeiture of any equipment or materials involved in the offense.
This prosecution resulted from an investigation conducted by the Department of Homeland Security, Homeland Security Investigations Massena. Assistant United States Attorney Katherine Kopita prosecuted the case as part of Project Safe Childhood. 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
www.projectsafechildhood.gov .
Malone, New York - Man was Sentenced to Fourteen Years for his Conviction of Conspiracy to Distribute more than 1,000 Kilograms of MarijuanaRead the Press Release
PLATTSBURGH, NEW YORK – ALLEN PETERS, 43, of Malone, was sentenced yesterday to fourteen years in federal prison by United States District Court Judge Glenn T. Suddaby for his conviction of conspiracy to distribute more than 1,000 kilograms of marijuana, announced United States Attorney Richard S. Hartunian and James J. Hunt, Acting Special Agent in Charge of the Drug Enforcement Administration, New York Division (DEA). Additionally, the judge imposed six years of supervised release upon release from incarceration. Peters had faced a minimum of 10 years of incarceration for his conviction.
In January 2014, a jury convicted PETERS of conspiracy to possess with the intent to distribute more than 1,000 kilograms of marijuana. At trial, the government offered evidence that from at least 2005 to 2011, PETERS, and many others, smuggled thousands of pounds of marijuana into the United States and sent millions of dollars in drug proceeds back to Canada. They used property controlled by PETERS in Snye, Quebec, Canada on the Akwesasne Mohawk Indian Reservation as a staging area for the hockey bags of marijuana smuggled into the United States. The bags, which normally contained 100 to 200 pounds of marijuana, were then transported into the United States and distributed to cities across the Northeast.
"I would like to commend the various agencies from federal, tribal and local law enforcement agencies for their efforts in bringing this case to successful conclusion," said United States Attorney Richard S. Hartunian.
"The arrest, conviction and sentencing of Allan Peters exemplifies law enforcement’s commitment to enforcing the Controlled Substance Act," stated DEA Special Agent in Charge James J. Hunt. "I would like to commend the United States Attorney’s Office, Northern District of New York for their diligent work throughout this investigation, as well our law enforcement partners’ essential collaboration which led to today’s sentencing."
The investigation and prosecution of PETERS was the result of a joint investigation by the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), the United States Border Patrol (USBP), Air and Marine Operations (AMO), the New York State Police, the St. Regis Mohawk Tribal Police Department (SRMTPD), the Akwesasne Mohawk Police Services (AMPS), and the District Attorneys of Franklin and Clinton Counties.
The case was prosecuted by Assista
Syracuse Man Sentenced to 30 Years on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced that RONALD J. RICHARDS, 59, of Syracuse, New York was sentenced today in United States District Court following his earlier plea of guilty to a six-count Information charging him with receipt, distribution, and possession of child pornography.
United States District Judge David N. Hurd sentenced RICHARDS to a total of 30 years imprisonment, to be followed by 20 years of supervised release. The sentence consists of concurrent 20 year terms on two counts of distribution of child pornography to run consecutively to concurrent 10 year terms on four counts of receiving and possessing child pornography. RICHARDS will also be required to register as a sex offender.
RICHARDS’ arrest came about as a result of an investigation by the United States Department of Homeland Security, Homeland Security Investigations. Agents discovered that RICHARDS had been using his email account to trade child pornography over the Internet with other individuals, including two men, one in Indiana and one in Utah, who had disclosed to RICHARDS that they produced the images they sent to him. Agents later discovered that RICHARDS had also engaged in sexually explicit chats with two minor female children, one 15, and one 13 years old, solicited illicit images from them, and later distributed the images to others. In all, agents recovered from RICHARDS’ computers and thumb drives more than 3,700 images and 48 video files depicting the abuse of children, some as young as one and three years old.
RICHARDS was prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 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.
Albany, New York - Man was Sentenced to 327 Months in Prison for Two Counts of Distribution of Child PornographyRead the Press Release
ALBANY, NEW YORK – RAYMOND T. DRAKE, age 53, of Albany, New York, was sentenced today to 327 months in prison for two counts of distribution of child pornography, one count of receiving child pornography, and three counts of possession of child pornography by Chief United States District Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola. Drake must also serve a lifetime term of supervised release and register as a sex offender.
As part of his March 5, 2014 plea, DRAKE admitted that he distributed images of child pornography by e-mail and through a file sharing program. On January 25, 2013, investigators searched DRAKE’s residence and recovered more than 600 of photographs and several videos depicting child pornography.
"Child pornography is the most despicable victimization of our most vulnerable," said United States Attorney Richard S. Hartunian. "People who engage in viewing it and helping distribute it will be punished. My office will work with our federal and local partners to discover and prosecute defendants who engage in this crime."
This case was investigated by the Department of Homeland Security, Homeland Security Investigations, and was prosecuted by Assistant United States Attorney Jeffrey C. Coffman as part of Project Safe Childhood. 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
www.projectsafechildhood.gov
Mayfield Man Pleads Guilty to Production of Child PornographyRead the Press Release
Attempted to trade images of minor victim with undercover officer
ALBANY, NEW YORK – RICHARD HASTINGS, 19, of Mayfield, NY entered a plea of guilty in Albany today to production and possession of child pornography before Chief United States District Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian, Nicolas DiNicola, Assistant Special Agent in Charge, Homeland Security Investigations, and Captain Timothy Munro, New York State Police Troop G, Bureau of Criminal Investigation. Sentencing is set for June 3, 2015 at 10 AM.
In July 2013, RICHARD HASTINGS produced sexually explicit photographs of a minor victim and e-mailed some of these photographs to an undercover law enforcement officer in an effort to trade them for additional images of child pornography. On August 8, 2013, law enforcement officers executed a federal search warrant at the defendant’s Mayfield residence and seized his computer which contained the images of the minor victim and additional images of child pornography. As a result, he was placed under arrest. His brother, ROBERT HASTINGS, was also charged with federal child pornography offenses and is currently awaiting trial.
RICHARD HASTINGS faces a statutory minimum of fifteen years of imprisonment, a maximum sentence of thirty years of imprisonment, and a maximum fine of $250,000. He will remain in custody until sentencing.
This case was investigated by Homeland Security Investigations and the New York State Police. The case is being prosecuted by Assistant United States Attorney Sean O’Dowd, as part of Project Safe Childhood.
Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Launched in May 2006 by the Department of Justice, and 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
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Kalamazoo Man Sentenced to Life in Prison in Federal Crystal Methamphetamine and Witness Tampering ConspiracyRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Patrick Miles announced today that Francis Block, 45, of Kalamazoo, Michigan was sentenced to life in prison by Chief U.S. District Judge Paul Maloney for various drug and witness tampering charges. Block was convicted following a four-day jury trial that concluded on October 2, 2014.
In 2012 officers of the Kalamazoo Valley Enforcement Team (KVET), with the assistance of Drug Enforcement Administration (DEA) agents, initiated “Operation Roadblock,” an investigation of methamphetamine trafficking by Block and others known to associate with him. In January 2013, KVET officers executed a warrant to search Block’s then-residence in Cooper Township, Michigan, and seized methamphetamine lab components, $29,800 U.S. currency, and multiple firearms. Later in 2013, KVET officers learned that Block likely had connections with crystal methamphetamine suppliers from Mexican drug cartels.
In October 2013, investigators executed a series of multi-ounce controlled purchases of crystal methamphetamine directly from Block. On October 23, 2013, KVET and DEA investigators arrested Block during Block’s attempted sale of four ounces of crystal methamphetamine to the informant. Later that night, the officers executed five search warrants at homes and premises around Kalamazoo, including a storage unit on Stadium Drive where Block and several of his drivers made frequent stops before and after drug deals. At a residence on North Arlington Street, officers located and seized, among other items, more than a pound of crystal methamphetamine, handwritten drug ledgers, and nearly $20,000 U.S. currency. At the Stadium Drive storage unit they located and seized nine more pounds (over four kilograms) of crystal methamphetamine and a pill bottle bearing Block’s name. The Stadium Drive seizure was KVET’s largest-ever crystal methamphetamine seizure. The street value of the methamphetamine seized during the controlled purchases and raids exceeded $350,000.
The investigation continued and between late 2013 and early 2014, five additional confederates of Block’s were charged with federal and state drug felonies. One defendant, Scott Webber of Kalamazoo, Michigan, fled prosecution and remains a fugitive. The grand jury later indicted Block and his sister, Elizabeth McNett, on witness tampering charges, after Block and McNett plotted to hire a convicted murderer who shared a cell with Block to firebomb an informant’s car and intimidate government witnesses.
With the exception of Webber, all of Block’s co-defendants pled guilty to one or more federal charges. Chief Judge Maloney sentenced the following co-defendants as follows:
Jeffrey Starrett, 43, of Kalamazoo, Michigan: 60 months in custody;
Michael Head, 39, of Kalamazoo, Michigan: 84 months in custody;
Martin McCaul, 52, of Paw Paw, Michigan: 48 months in custody; and
Elizabeth McNett, 44, of Lawton, Michigan: 33 months in custody.In a related case, U.S. District Judge Janet Neff sentenced Ben Alan Phelps, 29, of Kalamazoo, Michigan, to 36 months in custody.
Block was the only defendant to take his case to trial, which was handled by Assistant U.S. Attorneys Heath M. Lynch and Sean M. Lewis. Following the trial, at which Phelps and all of Block’s convicted co-defendants testified against him, the jury found Block guilty of all charges.
On Monday, February 9th, Chief Judge Maloney sentenced Block to serve life in prison. Judge Maloney stated that the case represented “one of the largest methamphetamine distribution operations in the history of our district, and Mr. Block was the leader of it.” Commenting on Block’s recorded phone calls introduced at trial as evidence of Block’s witness tampering efforts, Judge Maloney noted Block’s “contempt for the system” and described being “flabbergasted” that Block was “so self-centered and egotistical that he brought his own sister into the conspiracy.”
In sentencing Block to life in prison and denying Block’s motion for a shorter sentence, Judge Maloney stated that he “d[id] not find any mitigating factors” and described Block’s criminal history as that of “an individual who is either unwilling or unable to reform himself.” According to Judge Maloney, no criminal sentence Block previously served “managed to convey to Mr. Block that he should stop dealing drugs.”
Bronx Man Sentenced for Distributing Crack CocaineRead the Press Release
ALBANY, NEW YORK – HECTOR MORALES, 36, of the Bronx, was sentenced today by the Honorable Gary L. Sharpe to thirty years in federal prison, announced United States Attorney Richard S. Hartunian and Drug Enforcement Administration Special Agent in Charge James J. Hunt. Additionally, the judge imposed a term of twenty years of supervised release upon release from incarceration. MORALES has a prior drug felony conviction and, therefore, was subject to increased penalties.
In November 2011, a jury convicted MORALES of conspiracy to possess with the intent to distribute more than 280 grams of crack cocaine. At the trial, the government offered evidence that between January and September 2010, MORALES conspired with several individuals to sell large quantities of cocaine and crack in Troy and Plattsburgh. Two co-defendants, Nelson Cordero and Anthony Cordero, pled guilty prior to the trial, and were sentenced in 2012.
"The scourge of illegal drugs in our communities is intolerable," said United States Attorney Richard S. Hartunian. "Use of addictive drugs like crack cocaine is devastating. My office will work with our federal, state and local partners to continue our efforts to rid our streets of these substances."
The investigation of this case was the result of a joint investigation between the Drug Enforcement Administration (DEA), the Plattsburgh Police Department, the New York State Troopers and the Rensselaer Country Drug Task Force. The case was prosecuted by Assistant United States Attorneys Daniel C. Gardner and Elizabeth R. Rabe.