Northern District of New York
Press releases recorded for this federal judicial district.
Warren County Man Pleads Guilty to Receiving and Possessing Child PornograhpyRead the Press Release
Defendant Used his Computer and the Internet to Download and Save Approximately 600 Child Pornography Files
ALBANY, NEW YORK — GARY MINER, age 45, of Glens Falls, New York, pled guilty today in Albany before United States District Court Judge Mae A. D’Agostino to one count of receiving child pornography and one count of possessing child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division. On the child pornography receipt count, MINER faces at least five years of imprisonment and up to a maximum sentence of twenty years of imprisonment. On the child pornography possession count, MINER faces a maximum sentence of ten years of imprisonment. MINER was detained pending his sentencing.
During the plea hearing, MINER admitted that between January 2010 and November 29, 2011, he accessed the Internet and downloaded and possessed, from a website and other individuals who were distributing child pornography, approximately 600 files that contained child pornography.
Sentencing is scheduled for June 9, 2014, at 11:00 a.m. in Albany, New York. This case was investigated by the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Rick Belliss.
Auburn Man Sentenced for Filing False Tax ReturnRead the Press Release
SYRACUSE, NEW YORK - BRADLEY S. LEADER (43, of Auburn, New York) was sentenced on Friday, January 30, 2014 by United States District Judge David N. Hurd, announced United States Attorney Richard S. Hartunian and Toni M. Weirauch, Special Agent-in-Charge, Internal Revenue Service, Criminal Investigation, New York Field Office. Following his May 28, 2013 guilty plea to filing a false tax return, Judge Hurd sentenced LEADER to 4 years probation, 120 hours of community service, and restitution in the amount of $68,604.93.
Leader is a chiropractor who has worked at Leader Chiropractic, a chiropractic center located in Auburn, New York. From 2005-2009, he realized income in the approximate amount of $225,000 over and above the income he reported on his personal tax returns. This was accomplished by Leader not providing all pertinent information to his tax preparer; specifically he did not disclose to his tax preparer or identify on his tax returns additional gross receipts information (personal checks received from patients and certain insurance company checks). In his plea agreement, Leader admitted he failed to include $55,513.87 as income on his 2005 personal federal tax return, $38,412.83 as income on his 2006 personal federal tax return, $47.435.90 as income on his 2007 personal federal tax return, $43,130.86 as income on his 2008 personal federal tax return, and $42,036.00 as income on his 2009 personal federal tax return. Leader knew the returns he filed each year were false because each substantially under reported his income for that year.
This prosecution resulted from an investigation conducted by the Internal Revenue Service - Criminal Investigation. The case was prosecuted by Assistant United States Attorney Stephen C. Green.
Malone Man Convicted of Conspiring to Distribute MarijuanaRead the Press Release
Faces At Least Ten Years in Prison
SYRACUSE, NEW YORK – ALLAN PETERS, 42, of Malone, was found guilty of conspiracy to distribute more than 1,000 kilograms of marijuana by a jury yesterday following a four-day jury trial in Syracuse, New York before United States District Court Judge Glenn T. Suddaby, 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). PETERS is scheduled to be sentenced on July 10, 2014 in Syracuse. He faces a maximum of life in prison and a $10,000,000 fine.
During trial, the government offered evidence that from at least 2005 through 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 Syne, Quebec, Canada on the Akwesasne Mohawk Indian Reservation as a staging area for the hockey bags of marijuana being smuggled into the United States. The bags, which normally contained 100 to 200 pounds of marijuana, were then transported into the United States.
Law enforcement officers seized marijuana from the smuggling organization on the following dates: (1) on May 8, 2009, the United States Border Patrol seized approximately 250 pounds of marijuana in North Hudson, New York; (2) on September 15, 2010, the Tribal Police Services and the New York State Police seized approximately 240 pounds of marijuana, after a high speed chase from the Akwsasne Mohawk Indian Reservation to Malone, New York; and (3) on March 1, 2011, the Akwesasne Mohawk Police Services and the United States Border Patrol seized approximately 100 pounds of marijuana in Hogansburg, New York.
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 Akwasasne Mohawk Police Services (AMPS), and the District Attorneys of Franklin and Clinton Counties.
Any questions may be directed to Assistant U.S. Attorney Daniel C. Gardner in Plattsburgh, New York at 518-314-7800.
Troy Man Sentenced to 10 Years in Prison for Attempting to Entice A Minor to Engage in Sexual ActsRead the Press Release
Attempted to Arrange a Sexual Encounter with a Twelve-Year-Old-Girl
ALBANY, NEW YORK – MICHAEL HEPPELLE, age 42, of Troy, New York was sentenced to ten (10) years of imprisonment for attempted online enticement of a minor on January 21, 2014 in Albany by Chief United States District Court Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division. HEPPELLE, who had entered a guilty plea on September 19, 2013, was also ordered to serve a 15-year term of supervised release, to have no unsupervised contact with minors, and to register with the New York State Sex Offender Registry Program.
Between September 24, 2012 and October 3, 2012, HEPPELLE called a cooperating witness and offered to pay $500 if the cooperating witness could arrange for HEPPELLE to have a sexual encounter with a twelve-year-old girl. The cooperating witness reported his/her concerns to law enforcement, who in turn, told the cooperating witness to tell HEPPELLE that if he was serious about engaging in sexual acts with the twelve-year-old girl, he could meet the child on October 3, 2012 at a particular time, at a pre-arranged location in Rensselaer County. On October 3, 2012, HEPPELLE arrived at the pre-arranged location at the pre-determined time to meet with and engage in sexual acts with the girl. HEPPELLE was then arrested and was found to be in possession of $500 in U.S. currency, a cellular telephone, two condoms, and a lubricant typically used during sexual intercourse.
This case was investigated by the Federal Bureau of Investigation and the Rensselaer County Sheriff’s Office.
Capital District Men Appear in Federal Court on Charges Relating to the Development of Lethal Radiation DeviceRead the Press Release
ALBANY, NEW YORK – Two men who were arraigned in June on a scheme to create a mobile, remotely operated, radiation emitting device appeared in U.S. District Court in Albany in separate proceedings today.
Eric J. Feight pleads guilty to Providing Material Support to Terrorists
Eric J. Feight, 55, of Hudson, New York, appeared before U. S. District Court Chief Judge Gary L. Sharpe this morning and entered a guilty plea to a felony Information charging him with Providing Material Support to Terrorists in violation of 18 U. S. C. Section 2339 A(a). Judge Sharpe scheduled sentencing for Feight on May 22, 2014 in U. S. District Court. Feight is being detained pending his sentencing. Feight faces a maximum term of imprisonment of 15 years and a fine of $250,000 and a term of supervised release, upon release, of up to life.
Glendon Scott Crawford is arraigned on new Indictment
In a separate proceeding, co-defendant Glendon Scott Crawford, 49, of Galway, New York, was arraigned before Magistrate Judge Christian F. Hummel on an Indictment, filed late last week, containing three charges relating to the development of and plans to use a remotely-operated radiation-emitting device to kill humans. In his appearance, Crawford entered not guilty pleas to the Indictment charging him with: (Count 1) Attempting to produce and use a radiological dispersal device, in violation of Title 18, United States Code, Section 2332h(a) and (c)(1); (Count2) Conspiracy to use a weapon of mass destruction, in violation of Title 18, United States Code, Section 2332a(a)(2)(C); and (Count 3) Distributing information relating to weapons of mass destruction, in violation of Title 18, United States Code, Section 842(p)(2)(A). The penalties for these offenses are, respectively: (Count 1) a maximum of life in prison, with a mandatory minimum of not less than 25 years and a $2,000,000 fine; (Count2) a maximum of life in prison and a $250,000 fine; (Count3) a maximum of 20 years in prison and a $250,000 fine. He was ordered detained pending further disposition of the charges. The charges are merely accusations and Crawford is presumed innocent until and unless proven guilty.
These cases resulted from a long term investigation conducted by the Albany FBI Joint Terrorism Task Force, which includes the Department of Homeland Security, New York State Police, Albany Police Department, Troy Police Department, and New York City Police Department. The United States Attorney’s Office also acknowledged the assistance of the Criminal Division and National Security Division of the United States Department of Justice. The case is being prosecuted by Assistant United States Attorneys Stephen C. Green and Richard Belliss, and Counterterrorism Section Trial Attorney Joseph Kaster.
Further questions or inquiries may be directed to Executive Assistant United States Attorney John G. Duncan at 315-448-0672.
Capital District Man Indicted on Three Felony Charges Related to Development of Lethal Radiation DeviceRead the Press Release
Scheme Included Creation of a Remotely Operated X-ray Radiation
Emitting Device Designed to Kill Humans SilentlyALBANY, NEW YORK – Glendon Scott Crawford, age 49, of Galway, New York has been indicted on three federal felony counts related to his development of and plans to use a remotely-operated radiation-emitting device to kill human targets. The indictment, filed in U.S. District Court in Albany, New York last evening, charges Crawford with: (Count 1) Attempting to produce and use a radiological dispersal device, in violation of Title 18, United States Code, Section 2332h(a) and (c)(1); (Count2) Conspiracy to use a weapon of mass destruction, in violation of Title 18, United States Code, Section 2332a(a)(2)(C); and (Count 3) Distributing information relating to weapons of mass destruction, in violation of Title 18, United States Code, Section 842(p)(2)(A). The penalties for those offenses are, respectively: (Count 1) a maximum of life in prison, with a mandatory minimum of not less than 25 years and a $2,000,000 fine; (Count2) a maximum of life in prison and a $250,000 fine; (Count3) a maximum of 20 years in prison and a $250,000 fine. Crawford’s arraignment on the indictment has been scheduled in Albany for Wednesday, January 22, 2014 at 10:30 am before U.S. Magistrate Judge Christian F. Hummel.
The Indictment was announced by United States Attorney Richard S. Hartunian, Acting Assistant Attorney General for National Security, John Carlin, and Special Agent in Charge Andrew W. Vale of the Federal Bureau of Investigation, Albany Division. The charges filed today followed an investigation by the Albany FBI Joint Terrorism Task Force that began in April 2012 when authorities received information that Crawford had approached local Jewish organizations seeking out individuals who might offer assistance in helping him with a type of technology that could be used against people he perceived as enemies of Israel.
Crawford and co-defendant Eric J. Feight were arrested on June 18, 2013 and have been held in custody since then by order of U.S. Magistrate Judge Christian F. Hummel. Charges against Feight on a criminal complaint remain pending. The essence of the defendants’ scheme was the creation of a mobile, remotely operated, radiation emitting device, capable of killing targeted individuals silently with lethal doses of X-ray radiation. The defendants plotted to use this device against unwitting victims who would not immediately be aware that they had absorbed lethal doses of radiation, the harmful effects of which would only appear days after the exposure. This was an undercover investigation and, unbeknownst to the defendants, the device that the defendant modified and intended to use was rendered inoperable at all times and posed no danger to the public.
The Indictment announced today resulted from a long-term investigation conducted by the Albany FBI Joint Terrorism Task Force, which includes the Department of Homeland Security, New York State Police, Albany Police Department, Troy Police Department, and New York City Police Department. The United States Attorney’s Office also acknowledged the assistance of the Criminal Division and National Security Division of the United States Department of Justice. The case is being prosecuted by Assistant United States Attorneys Stephen C. Green and Richard Belliss, and Counterterrorism Section Trial Attorney Joseph Kaster.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty. Further questions or inquiries may be directed to Executive Assistant United States Attorney John G. Duncan at 315-448-0672.
Whitesboro Man Admits to Illegal Firearm PossessionRead the Press Release
SYRACUSE, NEW YORK – Kaylon Pruitt, 23, of Whitesboro, New York pled guilty in federal court in Syracuse today to possessing a firearm as a convicted felon. Pruitt admitted that he possessed a loaded 12 gauge Mossberg Shotgun on October 15, 2013 when a New York State Parole officer visiting another person approached the front door of the defendant’s residence in Whitesboro, New York. The defendant answered the door while holding the shotgun. Pruitt was previously convicted of Burglary In the Second Degree, in Orangeburg County, South Carolina in 2010. He faces up to ten (10) years imprisonment and a fine of up to $250,000.00 when sentence is imposed on May 21, 2014 in Syracuse, according to United States Attorney Richard S. Hartunian.
The case was investigated by The New York State Division of Parole, The Village of Whitesboro Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (Syracuse, New York Office). The defendant was prosecuted by Assistant U.S. Attorney Richard R. Southwick with assistance from the Oneida County District Attorney’s Office.
For further information, contact AUSA Richard R. Southwick at (315) 448-0672.
Albany Area Man Sentenced to 63 Months for Defrauding Corporate Employer and Filing A False Tax ReturnRead the Press Release
ALBANY, NEW YORK – Richard S. Hartunian, United States Attorney for the Northern District of New York and Toni Weirauch, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division, New York Field Office, announced that CRAIG MATUSZAK, age 49, of Gansevoort, New York, was sentenced Tuesday, January 14, 2014, in U.S. District Court in Albany, New York. U.S. District Judge Mae D’Agostino sentenced MATUSZAK to 63 months imprisonment, 3 years supervised release to follow the term of imprisonment, an order of restitution of $3,237,200.49 to Velocitel, Inc., an order of restitution of $439,019 to the Internal Revenue Service, and forfeiture of his home and vehicles.
On August 9, 2012, MATUSZAK pled guilty to one count of Mail Fraud in violation of Title 18, United States Code, Section 1341 and 2, and one count of Filing a False Income Tax Return in violation of Title 26, United States Code, Section 7206(1). MATUSZAK, an employee of Velocitel, Inc., admitted that he, together with an independent contractor for Velocitel, Inc., devised and executed a scheme to defraud Velocitel, Inc. by billing them for services that were never provided. MATUSZAK further admitted that he did not declare the income he received from the fraudulent scheme on his income tax return.
This prosecution resulted from a joint investigation conducted by the Internal Revenue Service, Criminal Investigations and the Federal Bureau of Investigation, Syracuse, N.Y. office. The case was prosecuted by Assistant United States Attorney Tamara B. Thomson. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at (315) 448-0672.
Syracuse, New York - Upstate Laboratories, Inc. was sentenced following its guilty plea to committing mail fraud related to the falsification of over 3,300 laboratory results from 2008 through 2010.Read the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced today that Upstate Laboratories, Inc., 6034 Corporate Drive, East Syracuse, New York was sentenced today by the Hon. Judge Glenn T. Suddaby following its guilty plea to committing mail fraud related to the falsification of over 3,300 laboratory results from 2008 through 2010. Judge Suddaby imposed a $150,000 fine and placed Upstate on Probation for 5 years. Upstate has gone out of business but the Court ordered it to prepare an environmental compliance plan and permit government inspections should it ever resume business operations.
As set forth in the plea agreement and charge, Upstate Laboratories had been a certified laboratory in the business of performing chemical analysis of water and soil samples supplied by public and private clients. Samples for which chemical degradation was an issue required Upstate Laboratories to perform analysis within specified time-frames (“holding times”) after the samples were obtained. Upstate Laboratories further promised to utilize required procedures to ensure that the samples did not degrade.
For samples that required a prompt turnaround time, Upstate Laboratories charged a fee greater than for samples that did not. For all samples, Upstate Laboratories represented to clients that analysis would be and was performed in accordance with required analysis standards. Upstate Laboratories submitted invoices for its analysis and was paid through use of the United States mail.
Notwithstanding representations of proper and timely sample analysis, from 2008 through 2010 Upstate Laboratories engaged in the routine “backdating” of samples results where employees changed the dates when the samples were analyzed to make it appear that analysis had occurred within the required time periods when in fact they had not. Upstate Laboratories thereafter prepared false and fraudulent analysis reports representing that samples were properly analyzed within required time frames and that the results were valid when they were not.
This case was investigated by Special Agents of the Environmental Protection Agency, Office of Inspector General and Criminal Investigation Divisions. The case was prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0726 or cell phone 315-391-1110.
Hudson Men Arraigned on Food Stamp Fraud ChargesRead the Press Release
Scheme Generated More Than $340,000
ALBANY, NEW YORK – MOFADDAL M. MURSHED, 36, AHMED A. ALGAHAIM, 54, FAISAL Q. MORSHED, 34, and IBRAHIM Q. MURSHED, 24, were arraigned today on an indictment charging them with conspiring to commit Supplemental Nutrition Assistance Program (“SNAP”) fraud by Magistrate Judge Randolph F. Treece announced United States Attorney Richard S. Hartunian, United States Department of Agriculture, Office of the Inspector General, Northeast Region Special Agent-in-Charge William G. Squires, Jr., Columbia County Sheriff David W. Harrison, Jr., and United States Secret Service Resident Agent-in-Charge William Leege. The case is set for trial on February 24, 2014.
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. According to the indictment, MOFADDAL M. MURSHED owned D&D’s Grocery & Deli, where AHMED A. ALGAHAIM, FAISAL Q. MORSHED, and IBRAHIM Q. MURSHED worked as employees. The indictment charges that the defendants generated more than $340,000 in fraudulent proceeds by providing cash to SNAP beneficiaries’ in exchange for SNAP benefits.
If convicted, the defendants face up to five years in prison. They could also be ordered to forfeit the proceeds of the offense and to pay a fine of up to $20,000.
The case was investigated by the United States Department of Agriculture, the Columbia County Sheriff’s Office, and the United States Secret Service, and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty.
Gloversville Man Arraigned on Marijuana Manucaturing ChargesRead the Press Release
ALBANY, NEW YORK – DAVID M. GAMBUZZA, 40, of Gloversville, was arraigned today on an indictment charging him with manufacturing marijuana by Magistrate Judge Randolph F. Treece announced United States Attorney Richard S. Hartunian and New York State Police Bureau of Criminal Investigations Captain Scott P. Coburn. The case is set for trial on February 18, 2014. According to the indictment, GAMBUZZA manufactured 50 or more marijuana plants. If convicted, GAMBUZZA faces up to 20 years in prison. He could also be ordered to pay a fine of up to $1,000,000. GAMBUZZA was released pending trial.
The case was investigated by the New York State Police and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent until and unless proven guilty.
Brant Lake Man Sentenced to One Year in Jail for Tax EvasionRead the Press Release
ALBANY, NEW YORK – STUART ALAN MEAD (61, of Brant Lake New York) was sentenced on December 12, 2013 by Senior United States District Court Judge Lawrence E. Kahn to 1 year of incarceration, 2 years of supervised release, 200 hours of community service, and a $5,000 fine for evading federal income tax announced United States Attorney Richard S. Hartunian and Toni M. Weirauch, Special Agent-in-Charge, Internal Revenue Service, Criminal Investigation, New York Field Office. MEAD was also ordered to pay $94,601 in restitution to the United States.
As MEAD admitted during his August 29, 2013 guilty plea, between April of 2006 and August of 2010, he attempted to conceal the nature and extent of his assets from the Internal Revenue Service by underreporting the amount of income he earned for rental property he owned in Brant Lake.
This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigation.
Saratoga Man Sentened to Time Served for Failing to Update His Sex Offender Registration InformationRead the Press Release
Moved from Elk City, Oklahoma to Saratoga Springs, New York
ALBANY, NEW YORK – EUGENE PERIARD, age 34, of Saratoga Springs, New York, was sentenced to time served for failing to update his sex offender registration information yesterday in Albany by Chief United States District Court Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian and David McNulty, U.S. Marshal for the Northern District of New York. PERIARD, who had entered a guilty plea on August 15, 2013, was also ordered to serve a five year term of supervised release and to register with the New York State Sex Offender Registry Program.
In 2007, PERIARD was convicted of a sex offense in the State of Oklahoma. In early April 2013, PERIARD moved from Elk City, Oklahoma to Saratoga Springs, New York and lived in Saratoga Springs until the time of his arrest on April 30, 2013. Records from the sex offender registries in Oklahoma and New York established that PERIARD did not update his change of address information in Oklahoma and did not register as a sex offender in New York.
This case was investigated by the U.S. Marshals Service and the Saratoga Springs Police Department.
Two V-not Gang Members Sentenced to Prison TermsRead the Press Release
Kenneth Jackson - 92 Month Sentence. Donald Johnson - 108 Month Sentence
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces the sentencings of KENNETH JACKSON, age 29 and DONALD JOHNSON, Jr., age 26, both of whom are admitted members of the V-NOT Gang. Both JACKSON and JOHNSON previously pled guilty to an indictment which charged them and nine others with conspiring to exploit their membership in the V-NOT Gang to engage in a pattern of racketeering activity which included acts of murder, drug trafficking, and robbery. JACKSON was sentenced yesterday to 92 months in prison and JOHNSON was sentenced today to 108 months in prison.
The Indictment to which JACKSON and JOHNSON pled alleges that from at least 2003 through May 2012 members of the V-Not Gang: (1) maintained a specific geographic territory within the City of Syracuse in which only gang members can sell crack cocaine and marijuana; (2) protected that exclusive crack distribution territory with violence; (3) obtained drugs from various suppliers; (4) projected a very violent attitude and responded to violence with violence in order to preserve their stature in the gang community; (5) used graffiti, hand signs, and tributes on their clothing to slain gang members to signify their gang membership; (6) used criteria such as a willingness to use violence, ability to sell drugs, and familial connections to determine membership; and (7) routinely carried and used firearms in connection with their gang activity.
There are multiple acts of violence and drug distribution set forth in the Indictment, including 1 murder, 10 other shootings, 8 other acts of gun possession, and 18 acts of crack distribution and/or possession with intent to distribute crack.
JACKSON, who was known on the street as KAROME, which meant "Killer Affiliated Ruler Over Many Enemies," admitted his involvement in many acts, including possessing crack cocaine and drug proceeds, participating in a gang fight at the Juke Box Bar along with multiple co-defendants, firing at least 22 shots from an AK-47 into the home of a rival gang member while in a car with multiple co-defendants, and shooting at a rival gang member. JOHNSON, admitted his involvement in multiple drug trafficking crimes. The indictment also alleged JOHNSON’s involvement in an act of gun possession and a shooting.
Multiple other V-NOT Gang members are set to be sentenced over the next month.
This prosecution resulted from a long-term investigation conducted by the Syracuse Gang Violence Task Force, which is comprised of agents and detectives from the following agencies: the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Troopers, the United States Marshals Service and the United States Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (Syracuse Office). The Onondaga County District Attorney’s Office also assisted in the investigation.
Further questions or inquiries may be directed to Assistant U.S. Attorney, John M. Katko, who is handling the case, at (315) 448-0672.
Schenectady Woman Pleads Guilty to Mail Fraud and Filing False Federal Income Tax ReturnRead the Press Release
Sent the IRS more than $3.6 million in bogus payments
ALBANY, NEW YORK – PATRICIA ALFIERI, 53, of Schenectady, pled guilty today before Chief U.S. District Judge Gary L. Sharpe to mail fraud and filing a false federal income tax return, announced United States Attorney Richard S. Hartunian and Internal Revenue Service Criminal Investigation Division Special Agent in Charge Toni M. Weirauch. ALFIERI is scheduled to be sentenced on March 11, 2014, in Albany, New York. She faces a maximum term of incarceration of twenty years and a fine of up to $250,000 for the mail fraud charge, and a maximum term of incarceration of three years and a fine of up to $100,000 for the charge of filing a false federal income tax return.
In the plea agreement, ALFIERI admitted that from 2008 through 2013, she mailed 65 bogus checks, in a total amount of more than $3.6 million, to the Internal Revenue Service to cause the IRS to issue “overpayment refunds” to her. Her actions caused the IRS to issue her more than $87,000. The defendant created many of the checks using a computer.
ALFIERI also admitted that she submitted false tax returns to the IRS in 2008, 2009, and 2010 in an effort to avoid paying income tax. Those returns were false because ALFIERI (1) claimed that her federal income tax withholding was higher than it actually was and (2) claimed that she had paid home mortgage interest and real estate taxes when she had not.
The case was investigated by Special Agents of the Internal Revenue Service, Criminal Investigation Division, and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Postal Customer Sentenced for Embezzling $33,072.68 from the United States Postal ServiceRead the Press Release
SYRACUSE, NEW YORK – Richard S. Hartunian, United States Attorney for the Northern District of New York, announced that JOHN GIBSON, III, age 38, of Oswego, N.Y. was sentenced today before the Honorable Glenn T. Suddaby in the United States District Court in Syracuse, New York.
GIBSON was sentenced to 3 years probation in connection with his plea to Theft of Government Property, in violation of Title 18, United States Code, Section 641. Additionally, GIBSON was ordered to pay $33,072.68 in restitution; was ordered to serve 6 months of home detention and two months of weekend incarceration; ordered to perform 100 hours of community service; and pay a special assessment of $100.
On June 4, 2013, GIBSON admitted that from June 2012 through August 2012, he purchased 91 postal money orders using 42 checks drawn on closed checking accounts in the total amount of $33,072.68.
GIBSON’s prosecution is the result of a joint investigation by the U.S. Postal Inspection Service and the United States Postal Service Office of Inspector General. The investigation began in June 2012. The prosecution was handled in the United States Attorney’s Office by Assistant U.S. Attorney Tamara B. Thomson
Rochester Man Sentened to 15 Years for Attempted Production of Child PornographyRead the Press Release
Planned to Create Still Images and Videos of a 12-Year-Old Girl
ALBANY, NEW YORK – JASON FRANK, age 27, of Rochester, New York, was sentenced to fifteen (15) years of imprisonment for attempted production of child pornography on November 27, 2013 in Albany by Chief United States District Court Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian and Joseph D’Amico, Superintendent of the New York State Police. FRANK, who had entered a guilty plea on August 8, 2013, was also ordered to serve a 10-year term of supervised release, to have no unsupervised contact with minors, and to register with the New York State Sex Offender Registry Program.
In February 2013, FRANK began chatting online with an undercover New York State Police officer posing as a twelve-year-old girl in Albany, New York. Over approximately two months, FRANK sent the undercover officer still images and videos of child pornography in an effort to convince her to meet with him at a Syracuse hotel so that he could have sex with her and film it. On April 9, 2013, FRANK arrived at a hotel in Syracuse expecting to meet the girl and to create child pornography, but he was arrested by the New York State Police. At the time of FRANK’s arrest, he possessed a digital camera with video recording capabilities and a thumb drive that contained still images and videos of child pornography.
This case was investigated by the New York State Police.
Schenectady Man Charged with Receipt and Possession of Child PornographyRead the Press Release
Defendant Alleged to Have Received and Possessed
Approximately 600 Child Pornography FilesALBANY, NEW YORK – A two-count criminal complaint has been filed in the Northern District of New York charging HARRY GATES, age 47, of Schenectady, New York, with receipt and possession of child pornography, announced United States Attorney Richard S. Hartunian and Nicholas DiNicola, Assistant Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations.1 If convicted, GATES faces at least five years of imprisonment and up to twenty years of imprisonment on the receipt of child pornography charge and up to ten years of imprisonment on the possession of child pornography charge as well as a maximum fine of $250,000. GATES is held without bond pending his preliminary hearing which has been scheduled for December 10, 2013 at 1:30 p.m. before the Honorable Christian F. Hummel, United States Magistrate Judge.
According to the complaint, between February 2012 and November 22, 2013, GATES searched for and downloaded several hundred still image and video files of child pornography onto his home computer using the Internet and file sharing programs.
This case is being investigated by Homeland Security Investigations. This case is being prosecuted by Assistant United States Attorney Rick Belliss.
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1The charge is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Alien Smuggler SentencedRead the Press Release
Defendant Who Transported Illegal Alien Sentenced to Two Years Supervised Release
ALBANY, NEW YORK –TRUDIAN SIMMONDS, age 31, of Springfield, Massachusetts, was sentenced today to “time served” (7 days) and five months of home detention for transporting an illegal alien within the United States by United States District Court Judge Mae A. D’Agostino, announced United States Attorney Richard S. Hartunian and Wade Laughman, Patrol Agent-in-Charge, United States Border Patrol. Simmonds, who was found guilty on May 22, 2013 following a three-day jury trial, will serve the five months of home detention during two years of supervised release.
On August 9, 2012, Simmonds entered the United States alone from Canada at the Massena Port of Entry and then drove to a parking lot on the Akwesasne Mohawk Indian Reservation where she picked up a Jamaican citizen who had illegally entered the United States from Canada earlier that day. Simmonds was transporting the man away from the border area when she was stopped and arrested by Border Patrol agents.
This case was investigated by the U.S. Border Patrol, Massena, New York.
Bricktown Gang Member Sentenced to 420 Months ImprisonmentRead the Press Release
Jarrell Williams Held Accountable for Multiple Shootings and the Murder of Anthony Ford
SYRACUSE, NEW YORK –
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that JARRELL WLLIAMS, age 23, of Syracuse, was sentenced today in U.S. District Court in Syracuse to 420 months imprisonment for his role in conspiring to engage in a pattern of racketeering activity through his membership in the Bricktown Gang, a violent street gang operating on the streets of Syracuse.
As part of his plea, WILLIAMS admitted that the Bricktown Gang operated within the City of Syracuse from at least 2000 through the present and that members of the Bricktown Gang: (1) maintain a specific geographic territory within the City of Syracuse in which only gang members can sell crack cocaine, cocaine and marijuana; (2) protect that exclusive crack distribution territory with violence if necessary; (3) obtain drugs from suppliers in New York City and elsewhere; (4) project a very violent attitude and respond to violence with violence in order to preserve their stature in the gang community; (5) on occasion use hand signs, wear blue colored bandanas and have tattoos, all of which are intended to signify their gang membership; (6) use criteria such as willingness to use violence, ability to sell drugs, and familial connections to determine membership; and (7) routinely carry and use firearms in connection with their gang activity.
WILLIAMS also admitted to, and was held accountable for, multiple acts of violence he committed on behalf of the Bricktown Gang including the fatal shooting of Anthony Ford in the 1600 block of East Fayette Street, Syracuse. A female who was with Ford at the time was shot in the head but survived. WILLIAMS shot Ford and the female victim because he mistakenly believed Ford to be involved in a gang when in fact Ford was not part of any gang. This shooting occurred a mere three hours after WILLIAMS shot an East Side gang member in the back as part of an ongoing war between the Bricktown and East Side gangs.
This prosecution resulted from a long-term investigation conducted by the Syracuse Gang Violence Task Force, which is comprised of agents and detectives from the following agencies: the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Troopers, the United States Marshals Service and the United States Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (Syracuse Office). The Onondaga County District Attorney’s Office also assisted in the investigation.
Further questions or inquiries may be directed to Assistant U.S. Attorney, John M. Katko, who is handling the case, at (315) 448-0672.
Man Pleads Guilty to Piloting Commerical Ships on Great Lakes with Fraudulent Coast Guard LicenseRead the Press Release
SYRACUSE, NEW YORK - Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today that Mark Anselm, 37, of Clayton, N.Y., pled guilty before the U.S. District Judge Glen T. Suddaby to six felony offenses that charged him with making false statements to officials of the United States Coast Guard, possession and use of an altered merchant marine license, and aggravated identity theft.
In pleading guilty, Anselm admitted that during 2011 and 2012 he held himself out to federal officials, to various marina owners, and to other potential employers as being a licensed commercial ship pilot when he possessed no such license. Anselm admitted to having repeatedly presented fraudulent merchant marine licenses to employers and potential employers that he had altered to substitute his name. With his false licenses, he gained employment and operated various commercial ships on Lake Ontario. His criminal conduct was discovered by the Coast Guard after he grounded a tug boat in Canadian waters on June 19, 2012. The ensuring investigation revealed numerous instances of Anselm holding himself out as a licensed commercial merchant marine captain based upon licenses that he had forged.
Anselm is scheduled to be sentenced on March 28, 2014, in Syracuse, NY. He faces a maximum term of incarceration of 27 years, and a fine of up to $1.5 million. The sentence imposed for aggravated identity theft contains a mandatory minimum 2 year term of incarceration and must run consecutively to the sentence imposed on any other count.
This case was investigated by Special Agents of the Coast Guard and Department of Homeland Security. Prosecution is being handled by Assistant United States Attorney Craig A. Benedict. Mr. Benedict may be contacted for questions regarding this case at 315-448-0726.
United States V. Lacey Jane Hollinger and Elaine Monique Zavala-CharresRead the Press Release
Indictment Filed In Scheme to Defraud The IRS
SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian announced today that an Indictment was filed in United States District Court for the Northern District of New York charging Lacey Jane Hollinger, 27, of Massena, New York and Elaine Monique Zavala-Charres, 33, of Phoenix, Arizona with seven (7) counts of operating a mail fraud scheme to defraud the Internal Revenue Service and two (2) counts aggravated identity theft. The mail fraud charges carry a maximum sentence of up to twenty (20) years imprisonment, a period of supervised release and a fine of up to $250,000.00. The aggravated identity theft charges carry a sentence of two years imprisonment.
The indictment alleges that Hollinger and Zavala-Charres operated the scheme to defraud the IRS from January 2012 to May 2013 in St. Lawrence County, New York and elsewhere. The scheme involved using personal identification information acquired through fraud used to file tax returns with false income levels to generate fraudulent refunds. The scheme involved the submission of over $500,000.00 in fraudulent tax returns to IRS in tax years 2011 and 2012, primarily in New York and Arizona.
The case was investigated by IRS Criminal Investigations, Syracuse, New York Office.
The charges in the indictment are mere allegations and the defendants are presumed innocent until and unless proven guilty in a court of law.
10 Indicted in Central New York Isynthetic Marijuana ConspiracyRead the Press Release
Syracuse, NY- United States Attorney Richard S. Hartunian announced the indictment of ten (10) individuals in connection with a large synthetic marijuana distribution organization in Central New York. Those arrested in the synthetic marijuana distribution conspiracy this morning include the following:
ABDALQADER MANSOUR, age 44, Syracuse, New York;
RASHEED MANSOUR, age 23, Camillus, New York;
JOE AREF, age 28, Nederland, Texas;
ARAFAT KHOUDOUR, age 29, Beaumont, Texas;
ALI BEDWAN, age 25, Port Arthur, Texas;
ABED ZAHRAN, age 55, North Syracuse, New York;
AMJAD MANSOUR, age 25, Syracuse, New York; and
ZIAD MANSOUR, age 33, Camillus, New York.All of these individuals have been indicted by a federal grand jury with conspiring to possess with the intent to distribute and distributing synthetic marijuana. If convicted, the defendants face up to a twenty (20) years imprisonment, up to a $1 million fine, and at least three (3) years of supervised release following any period of incarceration.1 Arraignments are scheduled in U.S. District Court in Syracuse for 1:30 p.m. today before Magistrate Judge David E. Peebles.
These prosecutions resulted from an investigation undertaken in the fall of 2012 by the Syracuse Resident Office of the Drug Enforcement Administration (DEA), the Onondaga County Sheriff’s Office (OCSO), the Syracuse Police Department (SPD), the New York State Police (NYSP), the United States Marshals Service, and the U.S. Attorney’s Office.
The investigation, which included wiretaps on one of the defendant’s telephones, revealed that this synthetic marijuana trafficking organization was responsible for the manufacture and distribution of approximately 100 to 200 pounds of synthetic marijuana per month. The synthetic marijuana was manufactured in clandestine locations in and around Syracuse by members of the conspiracy. The defendants utilized chemicals such as UR-144 (a Schedule I controlled substance), which they imported from China and elsewhere; they sprayed the chemicals on leafy plant material, added flavoring, and then placed the synthetic marijuana product in packages labeled “Scooby Snax,” “WTF,” “Blue Caution,” and other names. The packages were then distributed to local convenience stores, as well as shipped to co-conspirators in Texas, Ohio, and South Carolina for distribution to customers.
Search warrants were executed in Texas and at the following locations this morning:
202 Van Rensselaer Street, Apartment #1, Syracuse, NY,
1500 Elm Circle, Apartment #7, Camillus, NY,
430 Spencer Street, Storage Unit D-151, Syracuse, NY,
104 Lorian Drive, Syracuse, NY,
344 North Salina Street, Syracuse, NY,
1805 S. Geddes Street, Syracuse, NY,
300 Otisco Street, Syracuse, NY,
1504 South Avenue, Syracuse, NY,
1000 Butternut Street, Syracuse, NY,
1223 Butternut Street, Syracuse, NY,
500 Oakwood Avenue, Syracuse, NY,
1215 Lodi Street, Syracuse, NY,
359 S. Salina Street, Syracuse, NY,
2002 E. Fayette Street, Syracuse, NY, and
801 Butternut Street, Syracuse, NY.To date, the following items have been recovered: An AR-15 rifle; Ruger handgun, approximately 10 kilograms of synthetic chemicals, several thousand packets of prepackaged synthetic marijuana; approximately $75,000 in U.S. currency; two vehicles; and equipment used to manufacture the synthetic marijuana.
U.S. Attorney Richard S. Hartunian stated, “This case is an example of the challenges faced by law enforcement in combatting the ever changing methods utilized by drug dealers to create synthetic drugs. Today’s arrests demonstrate that our dedicated local, state and federal law enforcement agencies are up to this task. We will continue to aggressively investigate and prosecute those who seek to profit from the sale of these illegal poisons to the youth of our community.”
Drug Enforcement Administration, Special Agent in Charge of the New York Division Brian R. Crowell said, “Synthetic marijuana is nothing more than poison sprayed on poison,” stated DEA Special Agent in Charge Brian R. Crowell. “This organization was manufacturing and distributing100 to 200 pounds of synthetic marijuana per month. They packaged the synthetic marijuana in distribution bags labeled 'Scooby Snax,’ to target our youth. Synthetic drugs are poison. Over the past two years, there were 7,452 exposures of synthetic marijuana reported to the American Association of Poison Control Centers. Kids need to stay away from this and these traffickers have our undivided attention.” SAC Crowell would like to commend the DEA Syracuse Resident Office, the Onondaga County Sheriff’s Office, the Syracuse Police Department, the New York State Police, the United States Marshals Service, the Onondaga District Attorney’s Office, the New York Attorney General’s Office, the Camillus Police Department, and the U.S. Attorney’s Office, Northern District of New York. Further questions or inquiries may be directed to Assistant United States Attorney Carla Freedman, the prosecutor handling the case, at (315) 448-0672.
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1The charge announced today is merely an allegation and the defendants are presumed innocent unless and until proven guilty in a court of law.
Queens Man Convicted of Bribery of A Public OfficialRead the Press Release
ALBANY, NEW YORK – On November 14, 2013, a federal jury in Albany found YANG CHIA TIEN, a/k/a ANDREW TIEN, 62, of Queens, NY, guilty of three counts of bribery of a public official, announced United States Attorney Richard S. Hartunian, Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola, and New York State Police Special Investigations Unit Major Thomas G. Marmion. Sentencing is scheduled for March 10, 2013 at 9:00 a.m. before Chief United States District Judge Gary L. Sharpe.
TIEN was convicted of paying a total of $51,000 to a federal immigration official with the corrupt intent to influence official acts, namely the granting of lawful permanent resident status to aliens. In reality, the recipient was an undercover law enforcement officer with Homeland Security Investigations. The payments took place on May 1, 2008, July 11, 2008, and October 8, 2008. The evidence at trial showed that TIEN made these payments in an effort to secure green cards for his “customers,” illegal aliens from Malaysia and China.
For each count of conviction, TIEN faces a maximum term of imprisonment of fifteen years and a maximum fine of $250,000.
The prosecution resulted from a joint investigation by ICE-Homeland Security Investigations and the New York State Police. The case was prosecuted by Assistant United States Attorney Sean O’Dowd.
Phoenix, New York - Man was sentenced for a felony violation of the Clean Air ActRead the Press Release
SYRACUSE, New York - Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today that Edward Palmer, 47, of Phoenix, N.Y., was sentenced in U.S. District Court in Syracuse before the Honorable Frederick J. Scullin, for a felony violation of the Clean Air Act, 42 U.S.C. § 7413(c), related to the illegal removal and disposal of asbestos. Palmer was sentenced to serve sixth months of home detention as part a two year term of Probation. He was further ordered to pay a criminal fine of $25,000 and to perform 50 hours of community service.
Palmer is the owner of Carbonsted, LLC, a company that owns the former Nestles Plant, 555 Fourth Street, Fulton, NY. The plant contains pipes with more than two thousand of feet of friable asbestos insulation. Palmer engaged in asbestos renovation activities without filing a notification with the United States Environmental Protection Agency. He directed unlicensed individuals to perform asbestos removal without wetting the asbestos and keeping it wet, and without properly disposing of the asbestos at a state-approved landfill.
Asbestos exposure has been determined to cause various forms of cancer, asbestosis, and mesothelioma, a nearly always fatal disease. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos. This case was investigated by Special Agents of the Environmental Protection Agency, and N.Y. State Department of Environmental Conservation. Inspectors with the NYS Department of Labor also assisted. Prosecution is being handled by Assistant United States Attorney Craig A. Benedict. Mr. Benedict may be contacted for questions regarding this case at 315-448-0672.
South Carolina Tobacco Broker ConvictedRead the Press Release
Guilty of 44 wire fraud and money laundering charges
SYRACUSE, NEW YORK – William David Humphries, age 67, of Lake City, South Carolina, was found guilty today by a U.S. District Court jury of forty-four felony counts, including interstate travel in aid of racketeering, a wire fraud conspiracy to defraud Canada of tax revenue, a conspiracy for the unlicensed manufacture of tobacco products, and concealment money laundering – announced United States Attorney Richard S. Hartunian and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Thomas J. Cannon.
U.S Attorney Hartunian stated, “I would like to commend the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the other state, federal, and Canadian law enforcement agencies for their excellent investigative efforts in bring about today’s guilty verdict. We will continue our efforts with ATF and our other law enforcement partners to prosecute those individuals and organizations that seek to profit from the illicit smuggling of tobacco across our border.”
Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Cannon stated that “Today’s conviction of Mr. Humphries sends a clear and resounding message to all those involved in the illicit trade of cigarette trafficking that their schemes to defraud the United States Government and neighboring Canada will not be tolerated. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Attorney’s Office and our law enforcement partners that comprise the Northern Border Initiative remain steadfast not only in our fight to interdict the illegal flow of tobacco, but also ensuring those criminally responsible be brought to justice.”
Following a two week jury trial, Humphries was convicted of interstate travel in aid of racketeering, in violation of Title 18, United States Code, Section 1952(a)(1) and (a)(3), a wire fraud conspiracy to defraud Canada of tax revenue, in violation of Title 18, United States Code, Sections 1343 and 1349, a conspiracy to manufacture of tobacco products without a license in violation of Title 26, United States Code, Section 5672 and Title 18, United States Code, Section 371, and forty-one counts of concealment money laundering, in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i).
Between 2005 and 2006, the defendant, a tobacco broker and wholesaler from South Carolina, conspired with other individuals living on the Akwesasne Indian Reservation (AMIR) to defraud Canada of tax revenue. In 2005, the defendant began working with a major manufacturer of cigarettes that was operating on the AMIR without the federally required bond and permit. The defendant provided “Canadian Blend” cut-rag tobacco and cigarette-making supplies to the unlicensed manufacturer. This tobacco was manufactured into cigarettes and subsequently smuggled into Canada without the payment of any legally required taxes to Canada. Between the summer of 2005 and May 2006, the defendant supplied the unlicensed manufacturer with approximately one load of cut-rag tobacco per week. The defendant supplied approximately 44 loads of tobacco, with each load producing 13,200,000 contraband cigarettes, causing a significant tax loss to Canada.
The unlicensed manufacturer was also engaged in a conspiracy to distribute marijuana smuggled in from Canada and then distributed throughout the United States. The proceeds of that marijuana distribution were used to fund the cigarette smuggling conspiracy, which employed the same smuggling routes used to bring marijuana into the United States from Canada.
In February 2006, after delivering a load of tobacco to the unlicensed manufacturer on the AMIR, the defendant was stopped on the AMIR for a vehicle infraction. Law enforcement officers seized approximately $88,000 in U.S. currency paid to Humphries for the sale of tobacco. A narcotics detection canine alerted to the currency, and officers were able to smell marijuana on the money. At trial, witness testimony established that the money found on Humphries was the proceeds of marijuana distribution.
In May 2006, the unlicensed manufacturers dealing with Humphries were arrested on federal marijuana charges and thereafter cooperated with the government. However, Humphries continued to sell tobacco and cigarette-making supplies to other unlicensed cigarette manufacturers based on the AMIR. Humphries continued to receive payments in the form of proceeds of marijuana sales from unlicensed manufacturers to which he had sold Canadian blend tobacco and supplies. In an attempt to disguise the source of the money, which was criminal proceeds, Humphries began taking substantial sums of U.S. currency to the Mohawk Bingo Palace, located on the AMIR. In recorded conversations heard by the jury with one of the government informants, he explained that he was inserting large sums of currency into the electronic bingo machines and then repeatedly cashing out at the cashiers’ window in an attempt to remove the smell of marijuana from the money.
The prosecution arose from the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Royal Canadian Mounted Police, the Alcohol and Tobacco Tax and Trade Bureau, St. Regis Mohawk Tribal Police Force, Homeland Security Investigations, the Drug Enforcement Administration, the Massena Police Department, the United States Border Patrol, and the Rensselaer County Sheriff’s Office.
The case was prosecuted by Assistant United States Attorneys Carl Eurenius and Gwendolyn Carroll. For further information, please contact AUSA Eurenius at (315) 448-0672.
Jamesville Man Sentenced for Filing A False Tax ReturnRead the Press Release
SYRACUSE, NEW YORK –LLOYD F. MARTIN, JR., (68, of Jamesville, NY) was sentenced to 3 years probation with 6 months home detention, a $25,000.00 fine and 50 hours of community service for his conviction for filing a false income tax return according to RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York. Prior to the sentencing, MARTIN paid the IRS approximately $388,000.00 in back taxes, penalties and interest.
During entry of his guilty plea, MARTIN admitted that from 2006 through 2008, he was the president of a commercial construction company named Henderson-Johnson Co., Inc., located in Syracuse, New York. During that time, MARTIN realized income of approximately $657,640.57 from Henderson-Johnson over and above the income he reported on his personal federal income tax returns. Specifically, MARTIN received income from Henderson-Johnson in the form of payments toward personal expenses, such as the purchase and maintenance of a jet airplane. MARTIN failed to include $255,645.99 as income on his 2006 personal federal tax return, $241,892.78 as income on his 2007 personal federal tax return, and $160,101.80 as income on his 2008 personal federal tax return. Each of these returns were made and signed by him under penalty of perjury. MARTIN admitted he knew these tax returns were false because each substantially under reported his income and tax liability for that year.
This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigations, Syracuse, New York. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at (315) 448-0672.
Brooklyn Woman Arraigned on Credit Card Fraud ChargesRead the Press Release
Obtained More Than $500,000 of Gift Cards from Grocery Stores in Five States
ALBANY, NEW YORK – JAMESE L. WILLIAMS, 27, of Brooklyn, appeared today before Magistrate Judge Christian F. Hummel in federal court in Albany to be arraigned on a September 4, 2013 indictment charging her with conspiracy, access device fraud, and aggravated identity theft, announced United States Attorney Richard S. Hartunian and United States Secret Service Resident Agent in Charge William Leege.
According to the indictment, the charges relate to her use of counterfeit credit cards to fraudulently obtain more than $500,000 of gift cards at grocery stores in New York, Connecticut, Vermont, Massachusetts, and New Hampshire between October 2012 and January 2013. If convicted, WILLIAMS faces up to 5 years in prison on the conspiracy charge, 10 years in prison on the access device charge, and a mandatory two year consecutive term of imprisonment on the aggravated identity theft charge. She could also be ordered to pay a fine of up to $250,000 on each count.
The case was investigated by the United States Secret Service and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent until and unless proven guilty.
Rochester Man, A Registered Sex Offender, Convicted of Attempted Sexual Enticement of A Minor and Attempted Production of Child PornographyRead the Press Release
BINGHAMTON, NEW YORK – On October 10, 2013, a federal jury in Binghamton found JOHN LAWRENCE DOOLEY, 56, of Rochester, New York, guilty of (1) attempted enticement of a minor to engage in sexual activity, (2) attempted production of child pornography, and (3) committing a felony offense involving a minor while already required to register as a sex offender, announced United States Attorney Richard S. Hartunian, Andrew W. Vale, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division, and Gregory Veitch, Chief, Saratoga Springs Police Department. DOOLEY faces at least 45 years and up to life imprisonment, a term of supervised release of at least five years and up to lifetime supervision, and a maximum fine of $500,000. DOOLEY is scheduled to be sentenced on February 10, 2014, before the Honorable Thomas J. McAvoy, Senior United States District Judge, in Albany, New York.
DOOLEY, a registered Level III sex offender, was arrested on May 11, 2012 in Saratoga Springs, New York, after he travelled there to meet “Kara,” a fifteen year old girl he met in a Yahoo! chat room. DOOLEY had been communicating with “Kara” for one and one-half months via Yahoo! Messenger. In reality, “Kara” was an undercover Saratoga Springs Police Investigator. During the online communications, the undercover investigator repeatedly told DOOLEY that “Kara’s” age was 15. DOOLEY told “Kara” that he would travel to Saratoga Springs, rent a motel room, have sex with her in the motel room, and capture that sexual conduct on digital photo and video. On May 11, 2012, Dooley drove from Rochester to Saratoga Springs, checked into his motel room, and brought with him various sexual devices, vodka, computer equipment, cameras, and presents for “Kara,” including lingerie.
This prosecution resulted from an investigation conducted by the Federal Bureau of Investigation, Albany, N.Y., and the Saratoga Springs Police Department. The case was prosecuted by Assistant United States Attorneys Jeffrey C. Coffman and Lisa Fletcher. Further questions may be directed to Assistant U.S. Attorney Elizabeth C. Coombe at (518) 431-0247.
Illegal Alien from the Domincan Republic SentencedRead the Press Release
Defendant Who Illegally Re-Entered the United States Sentenced to Ten Months Imprisonment
ALBANY, NEW YORK—HERMIS ANTONIO ADAMES, age 35, a citizen of the Dominican Republic, was sentenced today to ten months of imprisonment for illegally reentering the United States after removal by Chief United States District Court Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian and Michael T. Phillips, Field Office Director, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. Following ADAMES’ sentence he will be remanded to the Department of Homeland Security for removal proceedings. Today’s sentencing followed ADAMES’ July 9, 2013, guilty plea.
ADAMES, a citizen of the Dominican Republic, was involuntarily removed from the United States to the Dominican Republic on May 6, 2009. On April 3, 2013, ADAMES, who did not have permission to re-enter the United States, was encountered by Immigration and Customs Enforcement officers in Albany, New York.
This case was investigated by the Department of Homeland Security, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Albany, New York.
Funding for School Resource Officers and Troy Peer Court will help curb juvenile crimeRead the Press Release
Funds Will Hire School Resource Officers and assist with the start-up of the Troy Peer Court
Friday, November 1, 2013 -U.S. Attorney Richard S. Hartunian today announced two federal funding awards for Troy. The City of Troy has been awarded $375,000, through the U.S. Department of Justice Office of Community Oriented Policing Services (COPS), which will be used to hire three School Resource Officers (SROs). U. S. Attorney Hartunian also announced a Project Safe Neighborhoods award of$7,763 to be used to start the Troy Peer Court.
The Office of Community Oriented Policing Services (COPS), in the office of the U.S. Department of Justice, advances the practice of community policing in America's law enforcement agencies. One method of accomplishing this is through their grants programs and funding. Today's funding is for School Resource Officers (SROs). SROs are sworn law enforcement officers responsible for providing security and crime prevention strategies in the school environment. The responsibilities of SROs are similar to regular service police officers in that they have the ability to make arrests, respond to calls for service, and document incidents that occur within their jurisdiction.
Project Safe Neighborhoods (PSN) is a nationwide grant program administered by the U.S. Department of Justice to reduce gun and gang crime by networking existing local programs that target such crime. There are five elements to PSN: partnerships, strategic planning, training, community outreach and accountability. PSN funding has been used, among other things, to implement juvenile crime deterrence strategies, such as a peer court. By intervening early in a juvenile's deviant behaviors, the chances of changing those behaviors to positive, more productive ones is much more likely. Such early intervention can help reduce the number of youth engaging in gang activities and crime.
"In the wake of past tragedies, it's clear that we need to be willing to take all possible steps to ensure that our kids are safe when they go to school and our communities are safe at all times," said Attorney General Eric Holder. "These critical investments represent the Justice Department's latest effort to strengthen key law enforcement capabilities, and to provide communities with the resources they need to protect our young people. Especially in a time of increased challenges and limited budgets, our top priority must always be the safety and well-being of our children, their families and our communities."
"Keeping our children safe in school, along with securing the safety of our communities is of critical importance and I am pleased to join the Attorney General and the COPS Office in announcing these grants which will help provide our communities with the resources needed to accomplish this vital mission," said United States Attorney RichardS. Hartunian.
"When I was running for mayor," said Troy's Mayor Lou Rosamilia, "I emphasized the importance of School Resource Officers (SROs) in our schools. It's all about safety- of our students, faculty and staff. SROs develop relationships with our students, and in fact become role models for them. If a disturbance occurs in a building, the SROs are able to get the situation under control very quickly. And because the SROs are based in the schools, we don't have to take any patrols off our streets. We are honored to be included in this beneficial grant award."
"In the City of Troy, our schools have thousands of students, teachers and support staff spread out over two school districts for almost seven hours each school day. These schools really are micro neighborhoods, if you will, for 5 days per week from Sept through June. This grant provides us with the added opportunity to continue to exercise our community oriented policing and problem solving (COPPS) paradigm," said Troy Police Commissioner Anthony D. Magnetto. "It is through the COPPS philosophy that we are able to not only enhance our police response to problems but also to provide crime prevention services, and early intervention as well, by interacting with our kids on a personal level each and every school day. In these tough economic times, this grant allows us some fiscal relief for a program that the City of Troy has fully funded, and has been faithfully committed to, for over a decade."
City Council President Lynn Kopka said, "I've always been a staunch advocate for School Resource Officers (SROs) and now with this grant, we can continue utilizing SROs in our schools and free up other officers to effectively patrol our streets. This is fantastic news for Troy."
"With much less money, but the same level of importance and impact, I announce a small Project Safe Neighborhoods grant to help the start-up of a Troy Peer Court," added United States Attorney Hartunian. "Youth courts, or peer courts, are proven as a successful tool that intervenes on juvenile delinquency and crime. Success rates of near 90% of youth successfully completing their youth court sentence not committing another crime for another year or more have been documented in the majority of youth courts across the nation. Almost eight thousand dollars has been awarded to the Troy Police Department to start up the Troy Peer Court."
"Members of the Troy community including residents, business owners, agency and school representatives, the Troy Police Department, Rensselaer County Probation and County Attorney's Office and others have been meeting since March of this year because we are concerned about the level of juvenile crime in Troy and believe a peer court can be a successful early intervention. This funding will allow us now to recruit youth, train them and start hearing appropriate cases in the Troy Peer Court," said Rensselaer County Family Court Judge Elizabeth Walsh. "We are very grateful to the U. S. Attorney's Office for their support through all this planning and the opportunity to get started."
The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides the salary and benefits for officer and deputy hires for three years.
Grantees for the 2013 hiring program were selected based on their fiscal needs, local crime rates, and their community policing plans. There was an additional focus this year on agencies requesting assistance in developing school safety programs that would include the hiring of a school resource officer. School resource officer positions funded by the COPS Office are sworn law enforcement positions that work within a school district or facility, interacting directly with school administrators and students.
Overall the COPS Office funded awards to 263 cities and counties, aimed at creating 937 law enforcement positions. More than $125 million will be awarded nationally, including nearly $45 million to fund 356 new school resource officer positions.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13 ,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.
For the entire list of grantees and additional information about the 2013 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
Project Safe Neighborhoods ("PSN") is a Department of Justice initiative to reduce gun crimes. It networks existing local law enforcement programs that target gun crimes and provides a focal point for community activists in their anti-violence and anticrime initiatives.
There are five elements to PSN: partnerships, strategic planning, training, community outreach and accountability.
In 2006, in response to the growing problem of violent gangs across the country, the Department expanded Project Safe Neighborhoods to include a focus on gangs and gang violence. The goal is to use strategies and partnerships with state and local law enforcement and communities pioneered under PSN to shut down violent gangs in America. As a result, although PSN remains "America's Network Against Gun Violence," each federal judicial district has incorporated antigang efforts into its PSN program.
More information can be found at http://www.justice.gov/psc.
An Overview of Youth Courts
Structure & Background
Youth Courts are an alternative to the traditional juvenile court system1
• Targets youth aged 11-17 years old.
• Deals with first time offenders charged with either a misdemeanor or status offense
• Addresses early stages of delinquency
• Based on elements of restorative justice, concentrating on the harm done to the person or community
• Seeks to reintegrate the youth into the community and not stigmatize themEnsures offenders take responsibility for their actions, are held accountable, and make restitution for violating the law2
• Is completely voluntary; in most Youth Courts the offender must admit guilt
• Youth Court members are recruited from the community or school and trained to fill the roles of prosecutors, defense attorneys, juries, bailiffs and judges
• Typical offenses include theft, vandalism, assault, truancy, possession of marijuana, underage drinking etc.
• Sentences include community service, apologies to victims, workshops, essays on the effects of crime on societyYouth Courts offer an approach to engage the community in a partnership with the juvenile justice system3
• Imposes sentence, does not determine guilt
• Enforces positive peer pressure to help address the issues of delinquent behaviors in youths4
• Identifies problems and develops solutions for community and school issues
• Facilitates the development of sound problem-solving, decision-making and criticalthinking skillsData
• Youth Courts have been rapidly expanding in the past decade from 78 programs in 1994 to over 1,400 currently5
• 60 percent of Youth Courts are funded with less than $50,000 per year6
• A cost benefit analysis of Onondaga County Youth Court showed a savings of approximately $1000 per youth diverted to Youth Court7
• 89 percent of respondents successfully complete the program8
• 39 percent of teen courts only accept first time offenders9Outcomes
• 87-92 percent non-recidivism rate for successful completers of Youth Court10
• Enhanced perceptions of procedural justice
• Improved attitudes towards authority
• Better understanding of legal system
• Improved grades
• 1 in 5 juveniles return after completing the program to serve as volunteers
• The Taunton Youth Court showed the following accomplishments for 200811:• Students provided 1,775 hours of volunteer services, valued at more than $18,000
• School suspension rates were reduced by 44 percent
• School attendance increased by 65 percent among participantsFor more information:
More information about Youth Courts can be found at http://www.youthcourt.net.
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1 OJJDP, Stickle, Connell, Wilson, and Gottfredson, 2008.
2HFI Report Series- Youth Courts: An Empirical Update and Analysis of Future Organizational and Research Needs, 2008
3NCJRS-Youth/Teen Court Diversion Programs, March 2013
4NCJRS-Youth/Teen Court Diversion Programs, March 2013
5NCJRS-Youth/Teen Court Diversion Programs, March 2013
6HFI Report Series- Youth Courts: An Empirical Update and Analysis ofFuture Organizational and Research Needs, 2008
7Onondaga County Youth Court Cost Benefit Analysis-1990
8HFI Report Series- Youth Courts: An Empirical Update and Analysis of Future Organizational and Research Needs, 2008
9OJJDP- Teen Courts A Focus on Research, Butts and Buck, October 2000
100nondaga County Youth Court Study- SU Maxwell Graduate School-1990
11Title V Incentive Grants for Local Delinquency Prevention Programs;2008 Report to CongressEndicott Man Indicted for Mailing A Letter Falsely Accusing A Department of Defense Contractor of Being A Foreign Intelligence OfficerRead the Press Release
SYRACUSE, NEW YORK –United States Attorney Richard S. Hartunian and Federal Bureau of Investigation (“FBI”) Albany Special Agent in Charge Andrew W. Vale, announced today the arrest of RYAN LETCHER, age 38, of Endicott, New York. LETCHER was indicted by a federal grand jury of one count of knowingly and willfully making a false statement in violation of 18 U.S.C. §1001(a)(3).
The indictment alleges that in March 2012, LETCHER mailed a letter to the Department of Defense (“DOD”) claiming that a DOD contractor was a foreign intelligence officer, when LETCHER knew that was not true. This charge carries a statutory maximum term of imprisonment of five years; supervised release of up to three years; a maximum fine of $250,000; and a special assessment of $100.
"The act of intentionally making false statements in order to harm others will not be tolerated. Making such fictitious, fraudulent statements can have a devastating impact on the victims and the community. The FBI will continue to work with our law enforcement partners to ensure this type malicious behavior is investigated and prosecuted," said Andrew W. Vale.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Tamara Thomson.
The charge contained in the indictment is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
United States Attorney RichardS. Hartunian, Troy Mayor Lou Rosamilia and Troy Police Commissioner Anthony D. Magnetto will be holding a press conferenceRead the Press Release
ALBANY, NEW YORK- United States Attorney RichardS. Hartunian announces he will hold a press conference with Troy Mayor Lou Rosamilia and Troy Police Commissioner Anthony D. Magnetto on Friday, November 1st at 10 AM at the Troy Middle School, 1976 Burdett Avenue, Troy, NY 12180.
Press releases and additional information will be available at the press conference.
PRESS CONFERENCE
FRIDAY, NOVEMBER 1sT
10:00 am
TROY MIDDLE SCHOOL
Troy Room
1976 Burdett Avenue, Troy, NY 12180Florida Woman Pleads Guilty to Conpiracy to Launder MoneyRead the Press Release
Agrees to Forfeit $8 Million Generated by Illegal Gambling Business
Hidden in Offshore AccountsALBANY, NEW YORK – Michele Lasso-Barraza, 30, of Parkland, Florida, pled guilty to conspiracy to commit money laundering today before United States District Judge Mae A. D’Agostino announced United States Attorney Richard S. Hartunian, Andrew W. Vale, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division, and Toni M. Weiracuh, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York Field Office. Lasso-Barraza, who faces up to 20 years in prison and a fine of $500,000 or twice the value of the property involved in the transaction, whichever is greater, also agreed to forfeit her interest in $8 million. Sentencing is scheduled for February 28, 2014 at 12:30 pm before Judge D’Agostino in Albany. Co-defendant, Philip Gurian, 52, of Boca Raton, Florida, previously pled guilty to the same charge and is scheduled to be sentenced on February 6, 2014.
United States Attorney Hartunian said, “Another defendant, Michele Lasso-Barraza, has now admitted to her role in laundering $8 million generated by a sprawling illegal gambling operation which used the internet, phony corporations and offshore accounts. Those engaged in this type of activity, believing that their criminal conduct is well concealed, should now be on notice that law enforcement agencies at all levels – federal, state and local – are wise to their criminal tactics and committed to stopping them. I thank all of the law enforcement agencies involved in this investigation, particularly the Federal Bureau of Investigation, Internal Revenue Service- Criminal Investigation and the Albany County Sheriff’s Department, for their diligent work over several years to investigate this international money laundering operation, bring those responsible to justice and seize and forfeit their substantial ill-gotten gains.”
Special Agent-in-Charge Vale said, “This case illustrates the FBI’s ongoing commitment in working alongside our federal, state and local counterparts to root out illegal gambling locally, nationally and internationally. The plea of Ms. Lasso-Barraza to money laundering charges and the agreement to forfeit $8 million illustrates that the FBI will not tolerate this type of criminal activity at any level.”
Internal Revenue Service-Criminal Investigation Special Agent-in-Charge Weirauch said, “International money laundering is not the victimless crime that some may think it is. Money laundering, including the laundering of illegal gambling proceeds, facilitates the underground, untaxed economy, which, in turn, harms our nation’s strength. IRS-Criminal Investigation is always ready to work with our law enforcement partners in the fight against this threat to our country.”
As part of the plea, Lasso-Barraza admitted her involvement in an illegal gambling business run by Gurian and others which used internet websites that allowed bettors to place thousands of wagers from the Capital District, Florida, Indiana, California, Texas, and Nevada. She also admitted to participating in the laundering of at least $8 million on behalf of Gurian that was generated from the illegal gambling business. That money was transferred to offshore accounts in Panama, Andorra, and the Cayman Islands. Lasso-Barraza created some sham entities and then set up some of the accounts in the names of those sham entities.
These charges were the result of a joint investigation initiated by the Albany County Sheriff’s Office, and joined by the Albany County District Attorney’s Office, the Saratoga District Attorney’s Office, the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the Broward County Money Laundering Task Force. The case is being prosecuted by Assistant United States Attorney Robert A. Sharpe.
U.S. Attorney Hartunian is asking everyone to look in their medicine cabinets and dispose of unused prescription drugs this Saturday Prescription drug abuse remains a serious threat to our children, yet there are simple things everyone can do to helpRead the Press Release
Albany, NY United States Attorney Richard S. Hartunian is once again urging parents, grandparents, teachers, nurses and the community as a whole to help stop the abuse of prescription drugs among young people. The problem is more widespread than people think, and there are simple things everyone can do to save those who may fall into such abuse.
"The abuse of prescription and over-the-counter drugs happens in many, often innocent, ways, but the costs of such abuse can be astronomical," said U. S. Attorney Hartunian. "1 in 8 teens has reported getting high on over-the-counter cough medicine1 and 1 in 12 high school seniors reported nonmedical use of the prescription pain reliever Vicodin along with 1 in 20 reporting they've used OxyContin.2 After marijuana, prescription and over-the-counter medications account for most of the commonly abused drugs by our youth.3 These aren't drugs being manufactured behind closed doors and sold on street comers. These are substances readily available in each of our homes. We all have a responsibility in helping to stop this scary and upward trend of prescription drug abuse."
The trends of prescription drug abuse are escalating. More than one-half of the estimated 2.4 million first-time prescription drug abusers were females and about one-third of them were between 12 and 17 years old.4 Worse yet, among all young adults ages 18 to 25, 5.9% report using nonmedical drugs within the past month in the National Survey on Drug Use and Health study.5
"What's most alarming about these trends of use is where young people are obtaining these drugs," warns U.S. Attorney Hartunian. "Over half of those who reported nonmedical drug use said they were given the drugs by a friend or relative.6 Close to 20 percent said they took the substances from a friend or relative.7 In response, we must do all we can to monitor the prescription drugs that are in our possession, discard unused medications properly and talk with young people about the very real dangers of prescription drug abuse."
Each year the Drug Enforcement Administration hosts a national "Take-Back" day. This year's event is this Saturday, Oct. 26th. Plan to dispose safely of unused prescription drugs on that day at collection sites which will be open between 1 0 am to 2 pm. The public can find a nearby collection site by visiting www.dea.gov, clicking on the "Got Drugs?" icon, and following the links to a database where they can enter their zip code. Or they can call 1-800-882-9539.
The Partnership at Drugfree.org has new ads aimed at helping parents and grandparents understand how important it is to monitor the possession of their prescription medications, especially pain killers. You can view and share these ads with everyone you know:
http://www.drugfree.org/videos/Talk can be one of the most effective tools we have. Talking with your own children and grandchildren about the dangers of prescription drug abuse is important, just as in the past we have talked about the dangers of drinking, drinking and driving and the use of tobacco. When adults have open, honest discussions with young people, they take it to heart. And it just might be one of those conversations, in the end, that keeps your teen from trying nonmedical drugs.
"Take time this week. Don't put it off. Dispose of your unused prescriptions. Talk with the young people around you about these dangers. You may be saving a loved one's life," suggested U.S. Attorney Hartunian.
Steps YOU can take this week to help stop prescription drug abuse
1. DISPOSE of your unused prescription drugs, especially unused pain killers, on Saturday, Oct. 26th. Find a location near you by visiting http://www.dea.gov/index.shtml and clicking on the "Got Drugs?" icon or call1-800-882-9539.
2. WATCH AND SHARE these ads to learn how easy it is to obtain prescription drugs:
http://www.drugfree.org/videos/3. TALK with your own children and grandchildren about the dangers of using prescription drugs and over-the-counter medications that aren't meant for them. For ideas of what to say, go to www.drugfree.org
FREE EDUCATIONAL WEBINAR
Clink on this webinar link and share this link to learn more about Prescription Drug Abuse Link: http://neric.welearntube.org/?q=node/314
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1The Medicine Abuse Project, The Partnership at Drugfree.org website
http://medicineabuseproject.org/assets/documents/Preventing_teen_over_the_counter_cough_med_abuse_2014.pdf
2National Institute on Drug Abuse's Monitoring the Future Survey, 2010
3National Institute on Drug Abuse Research Report Series 5
4Ibid.
5National Survey on Drug Use and Health, 2010
6University of Michigan, 2010 Monitoring the Future Study
7Ibid.Syracuse Trucking Company Settles Environmental ViolationRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced today that his office has settled a civil prosecution under the Clean Water Act. Riccelli Enterprises, Inc. filled in over 5 acres of federally regulated wetlands with a parking lot. Riccelli agreed to remove the illegal parking lot and pay a $50,000.00 fine. Riccelli signed a similar agreement with the State of New York, agreeing to remove the illegal parking lot and to pay an additional $50,000.00 fine.
Complaint
The federal settlement is based upon a Complaint filed in the U.S. District Court for the Northern District of New York. The Complaint’s allegations include the following: Riccelli Enterprises, Inc. and Riccelli Enterprises, LLC are corporations with offices located at 6131 East Taft Road, North Syracuse, Onondaga County, New York. The Clean Water Act prohibits the discharge of pollutants into navigable waters unless a permit is obtained from the U.S. Army Corps of Engineers (Corps). Sometime prior to July 30, 2008, and without seeking a permit from the Corps, Riccelli filled in wetlands to construct a parking lot at 6131 East Taft Road, North Syracuse. Riccelli used mechanized land-clearing and earth-moving equipment to fill in the parking lot.
An environmental study concluded that Riccelli had disturbed 6.06 acres of land, including 5.39 acres of regulated wetlands. The fill used by Riccelli to create the parking lot included dirt, spoil, rock, and sand, all of which are described as “pollutants” by the Clean Water Act. The Corps issued a Notice of Violation to Riccelli, which stated that Riccelli had filled in the parking lot without Department of the Army authorization and in violation of the Clean Water Act.
Consent Decree
In August, 2013 Riccelli and the United States signed a Consent Decree. The Consent Decree provides in part that 1) Riccelli shall pay a civil penalty to the United States in the amount of $50,000.00, 2) Riccelli shall restore the 5.39 acres of disturbed wetlands, pursuant to a “Wetland Restoration and Monitoring Plan” prepared by an environmental firm in January, 2013, and 3) the United States may enter Riccelli’s premises at all reasonable times to monitor Riccelli’s activities, obtain samples, verify data submitted to the United States, and inspect and evaluate Riccelli’s restoration efforts. The Wetland Restoration and Monitoring Plan provides that Riccelli shall excavate and remove the fill material, add topsoil as needed, reseed and revegetate the area, restore the area to its condition before the parking lot was installed, and its environmental firm will submit annual monitoring reports for five years, which will include studies of hydrology, and samples of vegetation from 15 plots.
After the parties signed the Consent Decree a notice was published in the Federal Register and public comment was invited. No comments or objections were received. On October 24, 2013 the Consent Decree was approved and ordered by the Hon. Gary L. Sharpe, Chief U.S. District Judge.
Diane Kozlowski, the Chief of the Regulatory Branch of the U.S. Army Corps of Engineers, Buffalo District, stated that, "[T]his resolution directly supports the Corps Regulatory Program's goal to provide strong protection of the nation’s aquatic environment, including wetlands, and help maintain the physical, chemical and biologic integrity of the nation’s waters. This resolution will help deter those entities who contemplate proceeding with a project in the vicinity of waters subject to regulation under the Clean Water Act without first contacting and coordinating with the Corps to obtain the proper authorizations required by law.”
Richard S. Hartunian, United States Attorney for the Northern District of New York, stated that “The United States Attorney’s Office is committed to the protection of the environment and the aggressive enforcement of the Clean Water Act. This case reflects a coordinated effort by this office,the Department of Justice, and the U.S. Army Corps of Engineers.”
This matter is assigned to Assistant U.S. Attorney Charles E. Roberts. Colin Ozanne, Esq. of the U.S. Army Corps of Engineers Buffalo District, and Eric Hostetler, Esq. of the U.S. Department of Justice are also assigned. News inquiries should be directed to Executive Assistant U.S. Attorney John Duncan, tele. (315) 448-0672.
Pennsylvania Man Convicted of Drug Conspiracy Following Trial in Federal CourtRead the Press Release
Members of International Drug Trafficking Organization
Conspired to Acquire 80 Kilograms of Cocaine from Federal AgentALBANY, NEW YORK – A jury in Albany convicted a Reading, Pennsylvania man of conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine following a two-day jury trial, announced United States Attorney Richard S. Hartunian and James Spero, Special Agent-in-Charge, Homeland Security Investigations. Miguel Reyes, 50, faces at least ten years of imprisonment, a maximum term of imprisonment of up to life, and a $10,000,000 fine. Sentencing is scheduled for February 10, 2014 at 11:30 a.m. in Albany, New York before the Honorable Thomas J. McAvoy.
The evidence at trial showed that, in 2004, REYES conspired to obtain 80 kilograms of cocaine from undercover law enforcement officers posing as cocaine traffickers from Montreal, Quebec. Members of the conspiracy intended to distribute the cocaine throughout the United States. Two other members of the conspiracy, who were convicted in 2004 and 2005, delivered $200,000 in U.S. currency to undercover law enforcement officers in exchange for a portion of the cocaine. REYES was arrested in early 2013 after attempting to enter the United States from Mexico.
The case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations and the Montreal Police Department. The case was prosecuted by Assistant United States Attorney Wayne A. Myers.
Illegal Alien Sentenced to 108 Days in PrisonRead the Press Release
ALBANY, NEW YORK –HERBERTO BALDOMERO COBON-VASQUEZ, age 34, of Cobleskill, New York, was sentenced today to “time served” (108 days) for illegally reentering the United States after removal by United States District Judge Mae A. D’Agostino announced United States Attorney Richard S. Hartunian and Department of Homeland Security Director of Enforcement and Removal Operations Thomas Homan. COBON-VASQUEZ was remanded to the custody of the Department of Homeland Security for removal proceedings. Today’s sentencing followed COBON-VASQUEZ’s August 28, 2013, guilty plea.
COBON-VASQUEZ, a citizen of Guatemala, was deported to Guatemala on February 8, 2001. He unlawfully re-entered the United States and, on July 1, 2013, was found in Cobleskill, New York, after he was involved in a traffic accident and arrested for driving without a license.
This case was prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Former Orthodontist Convicted of Tax and Fraud ChargesRead the Press Release
Tried to Bilk $36 Million from the IRS
ALBANY, NEW YORK – A federal jury in Albany returned its verdict today convicting GLENN RICHARD UNGER (62, of Ogdensburg, NY) of the following offenses: obstructing and impeding the Internal Revenue Service (IRS); filing false claims against the United States; tax evasion; and passing fictitious obligations announced Richard S. Hartunian, United States Attorney, Northern District of New York, Toni M. Weirauch, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, New York Field Office, and Andrew W. Vale, Special Agent in Charge of the Federal Bureau of Investigation, Albany Division. Sentencing is scheduled for March 10, 2014 before Senior U.S. District Judge Thomas J. McAvoy.
U.S. Attorney Hartunian stated, “This trial detailed the callous contempt for state and federal authority that is the hallmark of the sovereign citizen movement. Like other sovereign citizens, GLENN RICHARD UNGER filed numerous false claims for refunds, tried to avoid paying his fair share of taxes, filed false documents with the Saratoga County Clerk’s office and attempted to pay a debt with a phony promissory note. We will continue to work with our law enforcement partners to aggressively investigate and prosecute anyone who refuses to honor every citizen’s duty to file honest tax returns and pay their taxes. I congratulate the IRS CID, the FBI, the New York State Police, and the Treasury Inspector General for Tax Administration for their diligence, professionalism, and hard work in bringing about a just and appropriate verdict.”
Special Agent-in-Charge Toni Weirauch said, “The prosecution of individuals who brazenly attempt to obstruct the Internal Revenue Service and prevent it from performing its mission is vital to maintaining public confidence in our tax system. This verdict conveys a strong message to those who contemplate abusing the tax system: They will be investigated, prosecuted and convicted. It also reassures the honest American taxpayer that the government is committed to making sure that everyone pays their fair share.”
SAC Vale stated, “The FBI is committed to vigorously investigate individuals like Mr. Unger who steal from the federal government for financial gain through schemes designed to avoid payment of taxes and other obligations owed the federal government. The victims of such schemes are the hardworking taxpayers in America, and we will continue to pursue these sovereign citizen movements, which result in damages for law-abiding citizens.”
The evidence at trial showed that between 2007 and 2011, UNGER filed 14 false tax returns claiming that he earned substantial income reported, had substantial withholdings on that income, and was entitled to $36 million in tax refunds. Despite numerous warning letters from the IRS that his returns were frivolous, he continued filing false tax returns.
In addition to obstructing the IRS by filing false and fraudulent claims for refund, the evidence at trial also showed that UNGER attempted to evade payment of taxes he owed to the IRS. During 2004 and 2005, UNGER earned income and failed to file tax returns reporting that income. The IRS assessed taxes for those two years and also assessed penalties for filing frivolous tax returns. After the IRS filed a tax lien against UNGER, UNGER attempted to file a false document with the Saratoga County Clerk’s office attempting to release the lien. Evidence at trial also showed that UNGER tried to pay off a debt to another orthodontist with a fictitious document purported to be worth $200,000.00.
As a result of the convictions, the defendant is facing a total statutory maximum term of imprisonment of 25 years and a maximum fine of $250,000.00
This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigation, New York Field Office, the Federal Bureau of Investigation, Albany Field Office, the New York State Police, and the Treasury Inspector General for Tax Administration. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds (NDNY) and Jeffrey Bender (DOJ Tax Division).
Troy Man Pleads Guilty to Illegal Possession of A FirearmRead the Press Release
TROY, NEW YORK – RICHARD S. ELY, 27, of Troy, New York, entered a guilty plea yesterday before the Honorable Mae A. D’Agostino to an indictment charging him with being a convicted felon in possession of a firearm announced United States Attorney Richard S. Hartunian, Joseph Anarumo, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and Police Chief Steven Krokoff of the Albany Police Department. The defendant is facing a maximum sentence of ten years in prison, a term of supervised release of up to three years, and a maximum fine of $250,000. ELY is being detained pending his sentencing which is scheduled for February 20, 2014.
According to the plea agreement: On June 7, 2012, a search was conducted at ELY’s residence in Troy, New York. The search of ELY’s residence resulted in the seizure of a .22 caliber firearm and ammunition which belonged to ELY. ELY had previously been convicted of two felonies: (1) a 2007 conviction for criminal sale of a controlled substance and (2) a 2012 conviction for aggravated driving while under the influence with a child under age fifteen as a passenger.
This prosecution resulted from an investigation conducted by the Albany Police Department and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives Albany Field Office. The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Melinda Wormuth Arraigned on Two Felony ChargesRead the Press Release
Town Of Halfmoon Supervisor Charged in Two-Count Indictment Alleging Extortion
“Under Color of Official Right”and False StatementsALBANY, NEW YORK – Town of Halfmoon Supervisor Melinda Wormuth appeared today before Magistrate Judge Randolph F. Treece in federal court in Albany to be arraigned on two felony charges, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Federal Bureau of Investigation.1
Ms. Wormuth, 46, of Halfmoon, NY was charged yesterday in a sealed indictment, which was unsealed today at her initial appearance. Count One of the Indictment charges Ms. Wormuth with accepting money in return for her official actions. Specifically, she is charged with having received $7,500 in cash, which was characterized as “consultant fees,” in return for using her official position as Town Supervisor and as a member of the Saratoga County Board of Supervisors to lobby for the legalization of professional Mixed Martial Arts. Count Two of the Indictment charges her with lying to federal investigators about legal advice she claimed to have obtained while accepting the “consultant fees.” If convicted, Ms. Wormuth faces up to 20 years in prison on Count One and up to 5 years in prison on Count Two. She could also be ordered to pay a fine of up to $250,000 on each count.
The charges are the result of an ongoing investigation by the Federal-State Anti-Corruption Task Force that includes the Federal Bureau of Investigation, the New York Attorney General’s Office, the Internal Revenue Service, the New York Comptroller’s Office, and others.
United States Attorney Hartunian stated: “These charges are an example of the culture of corruption which has no place in New York State public offices. Citizens trust their public officials to behave ethically, and it is a travesty when this pubic trust is broken. I will continue to work with my federal and state partners to ensure that public officials uphold that trust and, when they don’t, are held accountable for their actions.”
United States Attorney Hartunian also cited the cooperation of state and federal investigators in pursuing this investigation and the coordination of state and federal prosecutors in developing the specific charges brought today.
Special Agent in Charge Vale stated, “Today’s arrest demonstrates the FBI’s commitment to the investigation of corruption at all levels of government. Together with our law enforcement partners, the FBI will continue to work to ensure that all those who participate in corrupt schemes, which erode our communities and defraud those they are entrusted to serve, are held accountable for their actions.”
The prosecution is being handled by Assistant U.S. Attorney Michael Olmsted in Syracuse, NY. Press inquiries should be directed to Assistant U.S. Attorney Elizabeth Coombe.
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1An Indictment is a mere accusation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
David Renz Pleads Guilty to Child Pornography OffensesRead the Press Release
SYRACUSE, NEW YORK – David J. Renz, 29, of North Syracuse entered guilty pleas in federal court in Syracuse today to all counts of a six count Indictment charging him with receipt and possession of child pornography, announced United States Attorney Richard S. Hartunian.
By his plea, Renz admitted that when FBI agents interviewed him in June of 2012 he consented to their search of a computer he used to download and store child pornography. He was arrested in January, 2013 after agents located over 500 video files and over 3,000 image files depicting child pornography on his computer. Renz also pled guilty to 5 counts of possession of child pornography related to images and videos he possessed on DVDs and a CD seized from his residence on the date of his arrest.
Upon sentencing, Renz faces a mandatory minimum sentence of 5 years in federal prison, a maximum term of imprisonment of 20 years, for the charge of receiving child pornography, and a maximum term of imprisonment of 10 years on each of the possession charges. In addition, he faces fines of up to $250,000 on each count and mandatory supervised release of no less than 5 years and up to life following any term of incarceration. In addition, conviction of the charged offenses will require Renz to register as a sex offender. Sentencing is scheduled for February10, 2014.
Renz's arrest was the result of an investigation by the Federal Bureau of Investigation 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The federal prosecution is being handled by Assistant U.S. Attorney Lisa Fletcher, who can be reached at 448-0672.
Four Arrested Following Joint Investigation of Massena Cocaine and Heroin RingRead the Press Release
Investigation Yields Seizures of Crack, Heroin, and Cocaine
PLATTSBURGH, NEW YORK – Four men have been indicted and arrested on federal felony drug trafficking charges, announced United States Attorney Richard S. Hartunian. The arrests followed a year-long investigation led by Homeland Security Investigations (HSI), the Massena Police Department (MPD), the Saint Lawrence County Sheriff’s Department and the New York State Police (NYSP).
The indictment charges the following individuals with conspiracy to possess with intent to distribute and to distribute a controlled substance in violation of 21 U.S.C. § 846:
Matthew Malu, aka “Compo” and “Capo,” 24, of New York City
Ian Hendricks, aka “Jew,” 19, of Massena, New York
Star Perrin, 34, of Massena, New YorkEach defendant listed above faces a mandatory minimum sentence of five (5) years imprisonment, a forty (40) year maximum term of imprisonment, and the possibility of a $5,000,000 fine.
A separate indictment charges Adam Gauthier, 24, of Massena, New York, with possession with the intent to distribute a controlled substance. Gauthier faces a twenty (20) year maximum term of imprisonment and the possibility of a $1,000,000 fine.
The investigation revealed that this organization used suppliers in New York City to obtain large quantities of cocaine, heroin and crack for redistribution. After obtaining the drugs, the organization employed couriers to transport the drugs from New York City to Massena, New York, where the organization’s distribution network sold ounce and gram quantities of the drugs to drug users and other wholesale drug dealers in the area.
During the investigation, law enforcement officers seized drugs and money from the defendants, to include:
1. On March 15, 2013, law enforcement officers from the Syracuse Police Department and HSI seized approximately 82.5 grams of heroin from Adam Gauthier.
2. On September 13, 2013, officers from HSI, NYSP, and MPD seized approximately 27.32 grams of crack, 29.94 grams of powder cocaine, and 117.38 grams of heroin from a package sent to Ian Hendricks. 3. On September 27, 2013, offices from HSI and MPD seized approximately $5,000 in cash from Star Perrin.The District Attorneys of Clinton, Franklin and St. Lawrence Counties, the Saint Regis Mohawk Tribal Police Department, the United States Customs and Border Protection Office of Air and Marine, the United States Customs and Border Protection Office of Field Operations, the Drug Enforcement Administration, the Royal Canadian Mounted Police, the New York Attorney General’s Office, the Oneida Indian Nation Police and the Customs and Border Protection United States Border Patrol assisted in the investigation.
The United States is represented in this prosecution by Assistant U.S. Attorney Daniel C. Gardner and Assistant U.S. Attorney Katherine Kopita.
The charges contained in the indictments are merely accusations and the defendants are presumed innocent until and unless proven guilty.
Utica Man Convicted of Drug Charges Following Trial in Federal CourtRead the Press Release
SYRACUSE, NEW YORK – A jury convicted a Utica, New York resident of federal drug felony charges following a four day jury trial, announced United States Attorney Richard S. Hartunian.
Dean A. Steppello, 43, of Utica, New York was convicted of two counts of Possession of Cocaine With Intent to Distribute. The jury also found he possessed over 500 grams of cocaine, requiring a mandatory minimum sentence of five years imprisonment and a maximum sentence of up to twenty years imprisonment. Sentencing is scheduled for January 30, 2014 in United States District Court in Syracuse.
The case followed the arrest of the defendant on June 25, 2008 by members of the New York State Police Community Narcotics Enforcement Team (“CNET”) in Utica as he attempted to deliver four ounces of cocaine. A subsequent search of the defendant’s residence resulted in the recovery of an additional pound and three quarters of cocaine, drug paraphernalia, a shotgun and four thousand dollars in cash.
The case was investigated by the New York State Police Community Narcotics Enforcement Team and was prosecuted by Assistant U.S. Attorneys Richard R. Southwick and Tamara B. Thomson.
Mexican Man Pleads Guilty to Re-entering the United States After Having Been Previously RemovedRead the Press Release
Defendant Sentenced to Time Served
ALBANY, NEW YORK—IGNACIO HERNANDEZ-LOPEZ, age 39, a citizen of Mexico, pled guilty and was sentenced today in United States District Court in Albany before United States District Court Judge Mae A. D’Agostino to one count of re-entry by a previously removed alien, announced United States Attorney Richard S. Hartunian. HERNANDEZ-LOPEZ was sentenced to time served.
HERNANDEZ-LOPEZ, a citizen of Mexico, was involuntarily removed from the United States to Mexico on March 17, 2004. On August 16, 2013, HERNANDEZ-LOPEZ, who did not have permission to re-enter the United States, was encountered by Immigration and Customs Enforcement officers in Whitehall, New York.
This case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), Albany, New York.
Former Postal Employee Sentenced for Workers’ Compensation FraudRead the Press Release
THOMAS DOMBROSKI, age 54, of North Syracuse, New York, was sentenced in U.S. District Court in Syracuse on September 20, 2013 to 5 years probation and ordered to perform 100 hours of community service for defrauding the U.S. Postal Service and U.S. Department of Labor of $18,353.54 by making false statements and representations to obtain federal workers compensation benefits according to U.S. Attorney Richard S. Hartunian.
DOMBROSKI falsely represented that he was not employed, self-employed, or involved in any business enterprise during periods of time in 2010 and 2011 when he was collecting federal workers compensation benefits. He was receiving benefits based upon a claimed injury to his right shoulder that he said made him unable to use his right arm. In fact, DOMBROSKI, worked for his own company, Picture Perfect Contractors, installing and repairing roofs and providing general home repair services during the times he collected benefits. Agents videotaped DOMBROSKI installing roofs, carrying building materials, repairing gutters, loading and carrying logs and firewood, carrying cement cinder blocks, and lifting a 55-pound air compressor.
This case was investigated by the U.S. Postal Service Office of Inspector General and the U.S. Department of Labor, Office of Inspector General.
Further information regarding this case can be obtained by contacting Assistant United States Attorney Tamara Thomson at (315) 448-0672.
Request for CoverageRead the Press Release
Statewide Youth Courts being honored in federal court ceremony
ALBANY, NY – Monday, September 23, 2013 at 1:00 PM in the Ceremonial Courtroom of the James T. Foley U. S. Courthouse, 445 Broadway, Albany, NY, Youth Courts from across New York State will be recognized for their service to youth. The ceremony will include a mock hearing presented by Youth Court members from the Bethlehem and Colonie Youth Courts. Attending the ceremony will be more than a hundred youth court directors and youths. Dignitaries attending and participating will be the Honorable Judith S. Kaye, former Chief Judge of the New York State Court of Appeals, Honorable Bernard J. Malone, Jr., former Judge of the New York State Supreme Court, Appellate Division, United States District Court Judges, and Albany Mayor Gerald Jennings. The event will be hosted by the Honorable Richard S. Hartunian, United States Attorney for the Northern District of New York. The event is co-sponsored by the New York State Bar Association and the Association of New York State Youth Courts.
Cameras will be allowed in the Ceremonial Courtroom. Press packages will be available at the event.
EVENT: Celebration of New York State Youth Courts
DATE: Monday, September 23, 2013
TIME: 1:00 PM
LOCATION: James T. Foley U. S. Courthouse
Ceremonial Courtroom, 4th Floor
445 Broadway
Albany, NYMexican Man Pleads Guilty to Re-entering the United States After Having Been Previously RemovedRead the Press Release
Albany, New York - JOSE REYES BLANCO RUTIAGA, age 29, a citizen of Mexico, pled guilty yesterday before Senior United States District Court Judge Lawrence E. Kahn, in Albany, New York to the felony offense of re-entry by a previously removed alien, announced United States Attorney Richard S. Hartunian.
BLANCO RUTIAGA, a citizen of Mexico, was involuntarily removed from the United States to Mexico on March 4, 2010 and again on April 17, 2010. On August 21, 2013, BLANCO RUTIAGA, who did not have permission to re-enter the United States, was encountered by an Immigration and Customs Enforcement officer at the Rensselaer, New York, City Court.
Sentencing for is scheduled for January 22, 2014, at 10:30 a.m. in Albany, New York. BLANCO RUTIAGA faces a maximum sentence of imprisonment of up to 2 years, supervised release of up to 1 year, a fine of up to $250,000, and a special assessment of $100. BLANCO RUTIAGA was detained pending his sentencing.
This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), Albany, New York.
Canadian Man Pleads Guilty to Possession with Intent to Distribute “molly”Read the Press Release
Defendant Caught Smuggling Over 128 Pounds MDMA into the United States from Canada ALBANY, NEW YORK – JOEL CUNNINGHAM, age 30, of Ottawa, Canada, pled guilty today in Albany before United States District Court Judge Glen T. Suddaby to one count of possession with intent to distribute a controlled substance, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Special Agent-in-Charge James Spero. CUNNINGHAM faces a maximum sentence of 20 years in prison, and is being detained pending his sentencing.
During the plea proceeding, CUNNINGHAM admitted that, on April 9, 2013, he loaded a sport utility vehicle with 58,183 grams of 3,4-Methylenedioxymethamphetamine Hydrochloride (commonly known as “Molly”) and then drove the sport utility vehicle from Canada into the United States through an unmanned border, intending to take the “Molly” to New York City for redistribution.
CUNNINGHAM was observed entering the United States from Canada through an unmanned border crossing in the Akwesasne Mohawk Reservation. Members of the Border Enforcement Security Task Force in Massena, New York followed CUNNINGHAM and later stopped him. Law enforcement officers searched the sport utility vehicle and found the “Molly,” as well as over $140K in U.S. currency, in hidden compartments and duffel bags.
Sentencing is scheduled for February 7, 2014 at 10:00 a.m. in Albany. This case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Wayne Myers.
Troy Man Pleads Guilty to Attempting to Entice A Minor to Engage in Sexual ActsRead the Press Release
Defendant Used his Cellular Telephone to Attempt to Arrange a Sexual Encounter with a
Twelve-Year-Old GirlALBANY, NEW YORK — MICHAEL HEPPELLE, age 42, of Troy, New York, pled guilty today in Albany before Chief United States District Court Judge Gary L. Sharpe to one count of attempted online enticement of a minor, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division. HEPPELLE faces a mandatory minimum sentence of at least ten years of imprisonment and up to a maximum sentence of life imprisonment. HEPPELLE was detained pending his sentencing.
Pursuant to a written plea agreement, HEPPELLE admitted that between approximately September 24, 2012 and October 3, 2012, he called a cooperating witness and offered to pay $500 if the cooperating witness could arrange for HEPPELLE to have a sexual encounter with a twelve-year-old girl. The cooperating witness reported his/her concerns to law enforcement, who in turn, told the cooperating witness to tell HEPPELLE that if he was serious about engaging in sexual acts with the twelve-year-old girl, he could meet her on October 3, 2012 at a particular time, at a pre-arranged location in Rensselaer County. On October 3, 2012, HEPPELLE arrived at the pre-arranged location at the pre-determined time to meet with and engage in sexual acts with the girl. HEPPELLE was then arrested and was found to be in possession of $500 in U.S. currency, a cellular telephone, two condoms, and a lubricant typically used during sexual intercourse.
Sentencing is scheduled for January 21, 2014, at 9:00 a.m. in Albany, New York. This case was investigated by the Federal Bureau of Investigation and the Rensselaer County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney Rick Belliss.