Northern District of New York

ALBANY, NEW YORK – Robert “Bobby” Ingrao, age 75, of Lodi, New Jersey, pled guilty today to conspiring to distribute cocaine, and to possessing 9 kilograms of cocaine and intending to deliver it to co-conspirators in Schenectady, New York.

The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

Ingrao admitted that on March 31, 2021, he and co-conspirators drove to Schenectady in two cars in order to take possession of a third vehicle, a blue Jeep Grand Cherokee.  The blue Jeep contained a hidden compartment, or “trap,” in its trunk area. 

One of Ingrao’s co-conspirators then drove the blue Jeep from Schenectady to the New York City/northern New Jersey area.  At some point between the evening of March 31 and the morning of April 2, Ingrao’s co-conspirators placed 9 kilograms of cocaine in the blue Jeep’s hidden compartment.

On the morning of April 2, 2021, Ingrao drove the blue Jeep north from the New York City/northern New Jersey area, knowing that its hidden compartment contained 9 kilograms of cocaine, and intending to deliver that cocaine to other co-conspirators in Schenectady.

New York State Police conducted a traffic stop of Ingrao in Greene County, as he was driving the blue Jeep alone, north on Interstate 87.  Troopers then discovered 9 kilograms of cocaine in the blue Jeep’s hidden compartment.

Sentencing is scheduled for March 22, 2023.  Ingrao faces at least 10 years and up to life in prison, as well as at least 5 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Three defendants still face charges in this case:

• Richard “Richie” Sinde, age 57, of Fort Lee, New Jersey;
• Jeffrey C. Civitello Sr., age 51, of Schenectady; and
• Jeffrey C. Civitello Jr., age 23 of Schenectady.

 

They are scheduled to go on trial on April 17, 2023, before United States District Judge Mae A. D’Agostino. As to these remaining defendants, the charges in the indictment are merely accusations. These defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the DEA’s Capital District Drug Enforcement Task Force, which includes DEA Special Agents and investigators from state and local police agencies, including the Saratoga Springs Police Department, the Saratoga County Sheriff’s Office, the Washington County Sheriff’s Office, and the New York State Police.  The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Kyle M. Leeper, age 38, of Palmyra, Pennsylvania, was sentenced  today to serve 40 years in federal prison for a murder committed during a drug trafficking conspiracy, conspiring to distribute and possess with intent to distribute 50 grams or more of methamphetamine, and possessing a firearm and ammunition as a convicted felon, announced United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), Sheriff Mark E. Helms, Cortland County (New York) Sheriff’s Office, and Chief Andrew Espinoza Jr., City of Barstow  (California) Police Department.

As part of his previous guilty plea, Leeper admitted he was part of a conspiracy that trafficked methamphetamine from Indiana and Southern California to Cortland County, New York, where Leeper distributed it to local residents and drug dealers.  In the fall of 2018, co-defendant Crystal Stephens, of Groton, New York, who was incarcerated in Indiana on burglary charges, contacted Leeper by telephone with contact information for co-defendant John Rice, an Indiana-based methamphetamine dealer. Leeper communicated with Rice by telephone and then travelled to and from Indiana twice in late 2018 and early 2019, where he obtained crystal methamphetamine and a .380 caliber pistol from Rice.  Leeper distributed this methamphetamine in the Cortland area.

After Rice was arrested in Indiana in early January 2019, Leeper arranged to travel to the Los Angeles area to purchase more methamphetamine. From jail Crystal Stephens provided Leeper with telephone numbers for possible methamphetamine sources in East Los Angeles.  In mid-January 2019, Leeper and an associate, co-defendant Ramon Nieves-Cotto, drove from Cortland to Los Angeles, where Leeper contacted one of these sources.  The source sought assistance from co-defendant Arlene Rodriguez, who introduced Leeper to a middleman.  On January 17, 2019, this middleman arranged for Leeper to buy three pounds of crystal methamphetamine for $5,000 from co-defendant Jose Pimentel.  But after the methamphetamine was delivered to a motel in El Monte, California, Leeper realized that he had been shortchanged on the quantity delivered.  Leeper abducted the middleman and Arlene Rodriguez at gunpoint.  Later that day, Nieves-Cotto purchased zip ties, which Leeper used to bind the middleman.  On the night of January 17, 2019, in the desert in Barstow, California, Leeper shot the bound middleman eight times from behind with the .380 caliber pistol, killing him.   Leeper and Nieves-Cotto, along with Rodriguez, then drove to Cortland, where Leeper distributed the methamphetamine he obtained on this trip to California.

In early February 2019, Leeper, Nieves-Cotto, and Rodriguez returned to Los Angeles, where Leeper purchased an additional six to eight pounds of methamphetamine and a 9 mm pistol from co-defendant Edgar Arredondo.  Upon his return to Cortland, Leeper, assisted by Rodriguez, began to distribute this methamphetamine.  On February 19, 2019, officers from the Cortland County Sheriff’s Office stopped Leeper and Rodriguez while they were driving in Leeper’s pickup truck, which had an expired registration and cracked windshield.  Inside the truck, the officers found four pounds of high-purity methamphetamine, the loaded .380 caliber pistol Leeper had used to commit the murder, and ammunition.  They arrested Leeper, who previously had been convicted of state and federal felony offenses in Pennsylvania, and Rodriguez.

United States Attorney Carla Freedman said, “Kyle Leeper’s sentence today is justice for his cold-blooded killing of a man in the California desert as part of a methamphetamine trafficking conspiracy. After kidnapping and binding the victim, Leeper brutally shot him eight times in the back and then left him in Barstow, California. Leeper also brought pounds of methamphetamine to Cortland from Los Angeles and Indiana until state and federal investigators worked together to stop him and his co-conspirators. Leeper will spend the next 40 years in a federal prison to pay for the violence and suffering he inflicted.”

FBI Special Agent in Charge Janeen DiGuiseppe said, “Today’s sentence is indicative of the success that can be attained when federal, state, and local agencies combine resources to remove violent offenders from our communities. Mr. Leeper was so committed to trafficking dangerous drugs into Cortland County he was willing to kill anyone who stood in his way. Thanks to the strong collaboration between our law enforcement partners in New York and California, he is now being held accountable for his despicable actions. The FBI is grateful to our law enforcement partners and we remain dedicated to working together to investigate and apprehend violent drug traffickers whose actions threaten the health and safety of our neighborhoods.”

Cortland County Sheriff Mark E. Helms said, “I am extremely proud of both Sgt. Mike Winchell and Officer Peter Wright for turning what some would consider a routine traffic stop into a major multi-agency investigation.  Additionally, I would like to thank all the other investigators from my office, as well as all the other officers and agencies that worked together and were able to put together this complex case resulting in the successful prosecution of Kyle Leeper and Arlene Rodriguez.  This truly is a great example of local, state, and federal agencies working together.” 

Barstow, California Chief of Police Andrew Espinoza, Jr. said, “Kyle Leeper committed a heinous crime in our city and today he was held accountable to the victim and his family. This investigation was complex and spanned across the country. I commend the collaborative effort of all the law enforcement agencies involved and for the federal prosecutors who handled this case. It was through their diligence and hard work that Kyle Leeper received justice today.” 

Six (6) other co-defendants previously pled guilty to participating in the drug trafficking conspiracy with Kyle Leeper, and/or aiding and abetting the murder.

Ramon Nieves-Cotto, 30, of DeRuyter, New York, pled guilty to aiding and abetting a murder during a drug conspiracy, and conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine. He was sentenced on October 7, 2022, to serve 156 months in federal prison, and a four-year term of supervised release.

Crystal J. Stephens, 34, of Groton, New York, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine. She was sentenced on November 15, 2022, to serve 100 months in federal prison, and a four-year term of supervised release.

Arlene N.  Rodriguez, 38, of Montebello, California, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine, possession with intent to distribute 50 grams or more of methamphetamine, and possession of a firearm in connection with a drug trafficking crime.  She was sentenced on October 6, 2022, to serve 94 months in prison, to be followed by four- year term of supervised release.

Jose Pimentel, Jr., 31, of Los Angeles, California, pled guilty to conspiracy to distribute, and posses with intent to distribute 50 grams or more of methamphetamine.  He is scheduled to be sentenced on December 1, 2022.

Edgar Arredondo, 35, of Los Angeles, California, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine.  He also pled guilty to charges based on his possession in the Central District of California of a shotgun ammunition, and 50 grams or more of methamphetamine.  He is scheduled to be sentenced on December 1, 2022.

John Rice, 57, of Crawfordsville, Indiana, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine.  He is scheduled to be sentenced on January 12, 2023.

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the Federal Bureau of Investigation (FBI), the U.S. Drug Enforcement Administration (DEA), the Cortland County (New York) Sheriff’s Office, the Barstow (California) Police Department, and the San Bernadino (California) County Sheriff’s Department, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Cortland County (New York) District Attorney’s Office, the Montgomery County (Indiana) Sheriff’s Department, the Montgomery County (Indiana) District Attorney’s Office, the Pomona (California) Police Department, and the El Monte (California) Police Department and is being prosecuted by Assistant U.S. Attorneys Steven D. Clymer, Richard R. Southwick, and Thomas R. Sutcliffe.

ALBANY, NEW YORK – Antonio Naveo, age 42, of Ellenville, New York, was sentenced today to 97 months in prison for his leadership of a drug trafficking organization that distributed cocaine base and fentanyl in Ulster County, as well as for his unlawful possession of a firearm. 

The announcement was made by United States Attorney Carla B. Freedman; Michael Alfonso, Special Agent in Charge of Homeland Security Investigations (HSI), New York; and Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT).

As part of his previously entered guilty plea, Naveo admitted that between September 2017 and December 2018, he led an organization that trafficked over 500 grams of cocaine base, as well as fentanyl, from New York City and Pennsylvania, respectively, to Ellenville for redistribution at various locations in the Rondout Valley.  Naveo further admitted that he unlawfully possessed a firearm as a previously convicted felon.

United States District Judge Mae A. D’Agostino also ordered Naveo to serve a 4-year term of supervised release following his release from prison.

The following defendants previously pled guilty in connection with the conspiracy, and were sentenced as follows:

 

Name

Prison Term

Supervised Release Term

Iqwan Mandiville, aka “Qwan”

70 months

4 years

Margaret Vandyke

60 months

3 years

Luis Curet

46 months

3 years

Randy Mandiville, aka “B-Murda”

42 months

6 years

Jennifer McCombs

24 months

3 years

Edwin Jorge

Time served

3 years

This case was investigated by HSI, the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County, and the New York State Police, with assistance from the Village of Ellenville Police and the Ulster County District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Justin Micheli, age 35, of Schodack, New York, was sentenced today to 130 months in prison for possessing a firearm in furtherance of drug trafficking, possessing ammunition as a previously convicted felon, and possessing with the intent to distribute cocaine.

The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarantino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Micheli admitted that on March 16, 2021, he possessed more than 700 grams of cocaine with the intent to distribute it and possessed a loaded semi-automatic pistol made from component parts without a serial number, also known as a “ghost gun,” to protect his drugs and drug proceeds. Micheli also admitted to possessing ammunition as a previously convicted felon. Micheli had three prior felony convictions for drug offenses.

United States District Judge Mae A. D’Agostino also ordered Micheli to serve a 4-year term of post-imprisonment supervised release.

This case was investigated by the DEA and was prosecuted by Assistant United States Attorney Alexander Wentworth-Ping. The case was prosecuted to indictment by Assistant United States Attorney Ashlyn Miranda.

ALBANY, NEW YORK – Zachary Adams, age 30, of Cohoes, New York, pled guilty today to possession of a stolen firearm.

The announcement was made by United States Attorney Carla B. Freedman and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

As part of his guilty plea, Adams, a former delivery driver, admitted that on May 25, 2019, he stole a rifle that he was supposed to deliver to a gun dealer in Hillsdale, New York.  Adams further admitted that he sold the rifle to an acquaintance several days later. 

Adams faces up to 10 years in prison, a 3-year term of post-release supervision, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by ATF and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

 

SYRACUSE, NEW YORK – Kevin Couture, age 41, of Chicago, Illinois, pled guilty today to attempted enticement and coercion of a minor, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Couture admitted that, between January and February 2022, he exchanged sexually explicit messages online with an undercover officer posing as a 9-year-old child in an attempt to entice the child into engaging in sexual acts with him.  Couture also admitted that, on February 8, 2022, he traveled to a prearranged meeting location in Oneida County, New York, with the intent to engage in sexual acts with the 9-year-old child.  Couture was arrested by law enforcement upon arrival at the location.

The charge against Couture carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Couture will also be required to register as a sex offender upon his release from prison.

Couture’s sentencing is currently scheduled for March 22, 2023, in Syracuse before United States District Judge Glenn T. Suddaby.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU).  This case is being prosecuted by Assistant United States Attorney Adrian S. LaRochelle as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Wayne Myers, age 32, of Albany, was sentenced today to 10 years in prison for distributing and conspiring to distribute cocaine, cocaine base, methamphetamine, and amphetamine.

The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarantino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Myers admitted that between June 2020 and February 2021, he distributed cocaine, cocaine base, methamphetamine, and amphetamine. He admitted that, in coordination with his co-conspirators, he distributed at least 343.1 grams of cocaine base, 251 grams of cocaine, 145 grams of amphetamine, and 5.7 grams of methamphetamine. Myers further agreed to forfeit $40,050 as proceeds from drug sales.

Senior United States District Lawrence E. Kahn also ordered Myers to serve a 5-year term of post-imprisonment supervised release.

This case was investigated by the DEA and prosecuted by Assistant United States Attorney Ashlyn Miranda.

SYRACUSE, NEW YORK – Alex R. Mahoney Wilks, age 23, of Troy, New York, was sentenced today to 33 months in prison for illegally possessing a pistol as a previously convicted felon, as well for possessing fentanyl-laced pills with the intent to distribute them.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his previously entered guilty plea, Mahoney Wilks admitted that on February 4, 2022, as he attempted to leave a residence in Watervliet, he knowingly possessed in his vehicle a pistol and a quantity of fentanyl-laced pills that he intended to sell.  A total of $11,333 and two digital scales were also recovered from the vehicle.  A prior felony burglary conviction prevented Mahoney Wilks from legally possessing the firearm in New York. The firearm had also previously been reported stolen. 

Chief United States District Judge Brenda K. Sannes also ordered Mahoney Wilks to serve a 3-year term of supervised release following his release from prison.

This case was investigated by the FBI and the Watervliet Police Department, with the assistance of the Albany County District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

UTICA, NEW YORK – Juan Francisco Izalde-Bautista, age 34, of Hershey, Pennsylvania, pled guilty and was sentenced today to 6 months in prison for unlawfully transporting two Mexican citizens who were illegally present in the United States.

The announcement was made by United States Attorney Carla B. Freedman and Acting Chief Patrol Agent Keith Hoops, United States Border Patrol, Swanton Sector.

Izalde-Bautista admitted that on October 2, 2022, he drove from Hershey to Potsdam, New York, to pick up two citizens of Mexico who had recently illegally crossed the international border from Canada into the United States.  Izalde-Bautista also admitted that he planned to drive the two Mexican nationals to Hershey. 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Rick Belliss.

ALBANY, NEW YORK – Bradley Boisen, age 26, of Waterford, New York, pled guilty today to the attempted sex trafficking of a child.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Boisen admitted that on April 21, 2021, he arranged to pay $60 to another person in order to have sex with a 14-year-old child. 

Boisen’s sentencing is scheduled for March 21, 2023 in Syracuse before Senior United States District Judge Norman A. Mordue. 

Boisen faces a mandatory minimum term of 10 years in prison, a maximum term of life, a fine of up to $250,0000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  As a result of his conviction, Boisen will also be required to register as a sex offender upon his release from prison. 

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by the United States Attorney’s offices and marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

SYRACUSE, NEW YORK – Joseph Swansbrough, age 33, of Willseyville, New York, pled guilty today to attempted enticement and coercion of a minor, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Swansbrough admitted that, between September and October 2021, he exchanged sexually explicit messages online with an undercover officer posing as a 10-year-old child in an attempt to entice the child into engaging in sexual acts with him.  Swansbrough also admitted that, on October 12, 2021, he traveled from his home in Tioga County to a prearranged meeting location in Broome County, New York, with the intent to engage in sexual acts with the 10-year-old child.  Swansbrough was arrested upon arrival at the location and was found in possession of candy he had promised to bring to the child.

The charge against Swansbrough carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  As a result of his conviction in this matter, Swansbrough will also be required to register as a sex offender upon his release from prison.

Swansbrough’s sentencing is currently scheduled for March 22, 2023, in Syracuse before United States District Judge Glenn T. Suddaby.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU).  This case is being prosecuted by Assistant United States Attorneys Geoffrey J. L. Brown, Jessica N. Carbone, and Adrian S. LaRochelle as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Daequon D. Perkins, age 26, of Utica, New York, was sentenced Thursday to 33 months’ imprisonment for conspiring to distribute and possess with intent to distribute 40 grams or more of a mixture and substance containing fentanyl, and distribution of a mixture and substance containing fentanyl.

The announcement was made by United States Attorney Carla B. Freedman; Oneida County District Attorney Scott McNamara, New York State Police Acting Superintendent Steven A. Nigrelli, Timothy Foley, Acting Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Mark Williams, Utica Police Department.

As part of his prior guilty plea, Perkins admitted that beginning no later than May 2021, he agreed with others to distribute 40 grams or more of a mixture containing fentanyl to customers in the Utica, New York area. Perkins also admitted that on May 27, 2021, he distributed approximately 2 grams of a fentanyl mixture in Utica.

United States District Judge Hon. David N. Hurd also imposed a four-year term of supervised release, which will start after Perkins is released from federal prison, and ordered Perkins to pay a $200 special assessment.

This case was investigated by New York State Police-Special Investigations Unit (NYSP-SIU), investigators from the Oneida County District Attorney’s Office, members of the City of Utica Police Department, DEA, ATF, and prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.

ALBANY, NEW YORK – Derek Luch, age 50, of Troy, New York, was sentenced today to 78 months in prison for receiving and possessing child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Luch admitted that between May 2021 and October 2021, he used a file-sharing service to download and receive numerous images of minors engaged in sexually explicit conduct, including images of pre-pubescent children, onto his computer and external hard drives. He also admitted that he possessed child pornography when he was arrested on November 4, 2021.

United States District Judge Mae A. D’Agostino also imposed a 15-year term of post-imprisonment supervised release, and ordered forfeiture of the electronic devices used as part of the offense.

This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators. The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

SYRACUSE, NEW YORK – Dominic Zampini, age 27, of Liverpool, New York, was sentenced on November 10, 2022, to 84 months in federal prison for receiving and possessing child pornography, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and New York State Police Acting Superintendent Steven A. Nigrelli.

As part of his guilty plea, Zampini admitted that between October 2020 and December 2020, he knowingly received child pornography images over the internet from another individual he met through a mobile application, and that in September, 2021 he possessed images depicting child pornography on two cell phones.

United States District Judge David N. Hurd also imposed a 10-year term of supervised release, which will begin after Zampini is released from prison, and ordered Zampini to pay $3,000 in restitution and a $300 special assessment. Zampini will also be required to register as a sex offender.

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations, and prosecuted by Assistant U.S. Attorney Matthew J. McCrobie as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Brandon Prawl, age 28, of Schenectady, New York, was convicted today of four counts of distributing heroin, possessing heroin with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime, following a 3-day jury trial.

The announcement was made by United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and New York State Police Acting Superintendent Steven A. Nigrelli.

The evidence at trial established that on four dates in September 2019, Prawl distributed heroin out of a residence in Schenectady.  On October 4, 2019, Prawl was found in possession of a .45 caliber pistol and loaded magazine, more than 21 grams of heroin, and drug distribution paraphernalia at the same residence.  The jury concluded that Prawl possessed the heroin for distribution, and the firearm in furtherance of his drug trafficking activities.

Prawl faces at least 5 years and up to life in prison when he is sentenced by United States District Judge Glenn T. Suddaby on March 30, 2023.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the ATF and New York State Police, and is being prosecuted by Assistant United States Attorneys Ashlyn Miranda and Emmet O’Hanlon.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBANY, NEW YORK – Debra Hackstadt, age 68, of Albany, was sentenced today to 16 months in prison for fraudulently obtaining 32 government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

United States Attorney Carla B. Freedman stated: “Today’s sentence holds Debra Hackstadt accountable for a prolific fraud. She took advantage of an economically devastating pandemic and stole money that was earmarked for legitimate businesses struggling to stay afloat. With our law enforcement partners, we will continue to investigate and prosecute those who have stolen from pandemic relief programs.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “Debra Hackstadt defrauded government loan programs established to help small businesses recover from the devastating financial impacts of the pandemic. By lying to obtain multiple loans, Hackstadt took over a million dollars away from deserving companies who were in desperate need of support. Today’s sentence ensures she will answer for her criminal acts. The FBI, together with our law enforcement partners, will continue to investigate and hold accountable anyone looking to steal money from these critical government programs.”

Hackstadt pled guilty to wire fraud on May 19, 2022. She admitted that between April 30, 2020 and June 11, 2021, she fraudulently obtained $1,615,546 from two pandemic relief loan programs – the Paycheck Protection Program (“PPP”), whose loans are issued by private financial institutions and backed by the federal government, and Economic Injury Disaster Loans (“EIDLs”), which are issued directly by the U.S. Small Business Administration (SBA).  These loans were issued to Hackstadt herself, certain of her family members and acquaintances, and several companies controlled by Hackstadt or her family members. 

United States District Judge Glenn T. Suddaby ordered Hackstadt to pay $1,696,324.96 in restitution and to forfeit an additional $254,812, representing the amount of money she personally obtained from the fraud. He also imposed a 2-year term of post-imprisonment supervised release.

Hackstadt committed the fraud by lying to the SBA and various PPP lenders on loan applications, including by making up and grossly overstating the number of employees and payrolls of the companies and sole proprietorships for which she obtained loans.  Many of the PPP applications also included false tax documents that Hackstadt created as part of the scheme.  In total, Hackstadt’s scheme resulted in the issuance of 27 PPP loans and five EIDLs.

Hackstadt also admitted that in addition to these loans, she fraudulently obtained two other business loans from private lenders.  She fraudulently obtained a $42,290 loan in October-November 2019, and promptly defaulted on it, and fraudulently obtained a $48,500 loan in June 2021, and promptly defaulted on it.

This case was investigated by the FBI, and was prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

SYRACUSE, NEW YORK – Cedric L. Hudson, Jr., 36, of Syracuse, New York, is charged in a federal indictment filed today alleging he possessed a firearm and ammunition as a convicted felon, announced United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Acting Superintendent Steven A. Nigrelli.

Hudson was previously charged by a federal criminal complaint and made his initial appearance on October 21, 2022, before United States Magistrate Judge Andrew T. Baxter.  Hudson is detained without bail pending a trial. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Hudson carries a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by Federal Bureau of Investigation (FBI), and the New York State Police (NYSP), with assistance from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Onondaga County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Richard Southwick as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

ALBANY, NEW YORK – Jason Seminary, age 44, of Duanesburg, New York, was ordered detained today following his indictment last week for unlawfully possessing a firearm and ammunition on December 26, 2021.

The announcement was made by United States Attorney Carla B. Freedman and Guilderland Police Chief Daniel P. McNally.

The indictment charges Seminary, a previously convicted felon, with possessing a loaded Ruger .22 caliber rifle on December 26, 2021, in Schenectady County.

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

Seminary was arraigned on November 1 and, following a detention hearing held today before United States Magistrate Judge Daniel J. Stewart, ordered detained pending trial. 

This case is being investigated by the Town of Guilderland Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Town of Rotterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Rhasha Wright, age 30, of Roosevelt, New York, was sentenced today to 24 months and a day in prison for scheming with New York State prisoners to defraud pandemic-related unemployment insurance programs.

The announcement was made by United States Attorney Carla B. Freedman; Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG); Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); Ketty Larco-Ward, Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS); Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (NYSDOCCS); and Roberta Reardon, Commissioner of the New York State Department of Labor (NYSDOL).

Wright previously pled guilty to conspiracy to commit mail fraud and aggravated identity theft. She admitted to conspiring with co-defendants Reginald Thornton and Lord Paulin, two inmates at the Bare Hill Correctional Facility in Malone, New York, to defraud the NYSDOL by submitting false unemployment insurance claims to NYSDOL in Paulin’s name and in the name of another Bare Hill prisoner. Prisoners were not eligible to receive unemployment insurance benefits.

United States District Judge Glenn T. Suddaby also sentenced Wright to serve 1 year of post-release supervision and ordered her to pay $11,696 in restitution to the State of New York..

Thornton previously pled guilty to participating in two prison-based unemployment insurance fraud conspiracies and was sentenced to 51 months in federal prison, to be served after his state prison term ends. Paulin was sentenced to 19 months in federal prison, to be served after his state sentence ends.  A fourth defendant, Briana Garland, previously pled guilty to conspiring with Thornton to submit a fraudulent claim in Thornton’s name and is awaiting sentencing.  

The cases were investigated by USDOL-OIG, HSI, USPIS, and the Offices of Special Investigations of NYSDOCCS and NYSDOL. The cases were prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

ALBANY, NEW YORK – Dion Underwood, age 45, of Johnstown, New York, pled guilty today to conspiracy to distribute heroin and cocaine in Albany, announced United States Attorney Carla B. Freedman and Frank A. Tarantino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

Underwood admitted that between January and December 2021, he supervised others in a conspiracy to distribute cocaine and heroin in the Capital Region, including Albany, Schenectady, and Montgomery Counties. 

Underwood pled guilty before United States District Judge Glenn T. Suddaby.  Sentencing is scheduled for March 30, 2023.  Underwood faces a minimum of 5 years in prison, a maximum of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Underwood also agreed to forfeit $39,403 seized by federal agents, as proceeds of the conspiracy.

This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

ALBANY, NEW YORK – Ehab Kodsi, age 56, of Watervliet, New York, was sentenced today to pay restitution in the amount of $245,212, and to pay an additional $25,000 fine, after admitting to filing a false tax return and deliberately underreporting his income from 2015 to 2018.

The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CI).

Senior United States District Judge Lawrence E. Kahn ordered Kodsi to pay $245,212 to the IRS, and Kodsi has already made this payment. Judge Kahn also imposed 1 year of probation, to include 100 hours of community service.

Kodsi is the sole owner of a pain management clinic located in Queensbury, New York.  He is also a partner in a real estate company that owns several properties, including the office building in Queensbury that houses his pain management clinic.

In pleading guilty, Kodsi admitted that from 2015 to 2018, he underreported his businesses’ revenues to the IRS, and improperly deducted personal and business expenses.  As a result, Kodsi failed to report a total of $822,069 in income and failed to pay $245,212 in taxes.

Kodsi did not report income received from third parties reimbursing services provided by his pain management clinic, deducted personal expenses as business expenses, deducted the same business expense multiple times, and overstated business expenses related to his and his family’s use of vehicles.

This case was investigated by IRS-CI and prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Roderick Jones, age 43, of Albany, was sentenced today to 96 months in prison for two separate instances of unlawfully possessing a firearm as a previously convicted felon.

The announcement was made by United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Eric Hawkins of the Albany Police Department.

As part of his previously entered guilty plea, Jones admitted that he possessed a loaded .380 caliber pistol in his vehicle when he was arrested on impaired driving charges on January 17, 2019, after crashing his vehicle into a building on Rensselaer Street in Albany.   Jones further admitted that on September 29, 2019, he possessed a 9mm pistol that he discharged four times at two occupied residences in the Ida Yarbrough Homes in Albany.  On both occasions, prior felony convictions for robbery prevented Jones from legally possessing firearms in New York. 

United States District Judge Glenn T. Suddaby also ordered Jones to serve a 3-year term of supervised release following his release from prison.

This case was investigated by the Albany Police Department and ATF, with the assistance of the Albany County District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorneys Dustin Segovia and Emmet O’Hanlon.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SYRACUSE, NEW YORK – Muhammad Z. Aabdin, age 32, of the Bronx, New York, pled guilty today to offering a bribe to a public official, announced United States Attorney Carla B. Freedman and Special Agent in Charge Christopher F. Algieri, Veterans Affairs Office of Inspector General, Northeast Field Office.

In pleading guilty, Aabdin admitted that in September 2020, he offered a bribe to a contracting officer with the Veterans Administration (“VA”) in Syracuse. Specifically, Aabdin offered to share profits with the VA contracting officer in exchange for her awarding VA contracts to him for personal protective equipment (“PPE”). Aabdin made the initial bribe offer by email and then reiterated it in subsequent text messages and in a recorded phone conversation with an undercover agent posing as the contracting officer. In text messages dated October 15, 2020, Aabdin offered a bribe of $8,333.33 in the event he received a VA contract for N-95 masks leading to a total profit of $25,000.

The defendant will be sentenced on March 8, 2023 by United States District Judge Glenn T. Suddaby. Aabdin faces up to 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by VA Office of Inspector General, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Industrial Equipment and Supply Company, LLC (IESC) and its principals, Mark Nystoriak and Sandra Nystoriak, of Latham, New York have agreed to pay $75,000 to resolve allegations that they violated the False Claims Act for selling counterfeit batteries to the federal government on a contract valued at $33,928.60. 

The announcement was made by United States Attorney Carla B. Freedman; Scott Moreland, Special Agent in Charge, U.S. Army Criminal Investigation Division’s Major Procurement Fraud Field Office; Peter J. Tolentino, Special Agent in Charge, Naval Criminal Investigative Service, Economic Crimes Field Office; and William W. Richards, Special Agent in Charge, Air Force Office of Special Investigations, Office of Procurement Fraud, Detachment 6. 

“Our military received counterfeit batteries after a contractor cut corners to increase profits,” said United States Attorney Freedman.  “We will continue to use the False Claims Act to hold government contractors accountable when they do not meet contract requirements.” 

The Defense Logistics Agency (DLA) is the Department of Defense’s (DoD) combat logistics support agency and manages DoD’s supply chain, delivering consumable supplies to DoD components all over the world.  IESC contracted to sell batteries to DLA for a total contract amount of $33,928.60.  The contract required that the batteries be manufactured by SAFT America, Inc. and fit a standard military specification.   IESC represented that it would comply with the Buy American Act (BAA) and supply domestically manufactured batteries. IESC procured the batteries from a supplier in Singapore and failed to verify that the Singapore distributor was an authorized SAFT America distributor.  DLA distributed the batteries throughout its supply system, and later received reports that the batteries caused military equipment failures.  DLA subsequently determined the batteries were counterfeit. 

This settlement resolves the United States’ allegations that IESC violated the False Claims Act by recklessly disregarding a substantial risk that the batteries would be counterfeit when it procured batteries from an unauthorized distributor in Singapore, who offered a lower purchase price than an authorized SAFT distributor would have. 

This settlement was the result of a joint investigation by the U.S. Army Criminal Investigative Division, Syracuse Fraud Branch Office; the Naval Criminal Investigative Service, Economic Crimes Field Office; and the Air Force Office of Special Investigations, Procurement Fraud Detachment 6 Rome, New York. 

Assistant U.S. Attorney Christopher R. Moran represented the United States in this matter. 

ALBANY, NEW YORK – Emmanuel Medina, age 35, of Albany, was indicted last week for unlawfully possessing a firearm and ammunition, possessing and intending to distribute heroin and fentanyl, and possessing a firearm in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Carla B. Freedman and Troy Police Chief Daniel DeWolf.

According to an indictment and a previously filed criminal complaint, Troy Police Officers responded to a domestic disturbance call in the early morning of June 27, 2022, and observed Medina outside of a house, placing something into a doorless Jeep Wrangler. Medina was initially not compliant with officers’ directives, but eventually stepped away from the vehicle and was safely detained.

Officers found a loaded Hi-Point Firearms .380 ACP pistol in the part of the Jeep where Medina had just been observed. Medina was prohibited from possessing the handgun and ammunition as a result of prior felony convictions.  Additionally, Troy Police Officers located a black box magnetically  attached to the vehicle’s undercarriage, which was found to contain a mixture of heroin and fentanyl stored in 350 small bags intended for resale. 

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

Medina has been in custody since his arrest on June 27, and will be arraigned at a later date.  If convicted on all charges, he faces at least 5 years and up to life in prison, and at least 3 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Troy Police Department, with assistance from the U.S. Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK - Oswego Hospital has agreed to pay $98,694.36 to resolve allegations that it knowingly violated the False Claims Act by: (1) improperly billing Medicare and Medicaid for outpatient mental healthcare services that were rendered by an unsupervised LMSW, and (2) improperly billing Medicaid for outpatient mental healthcare services rendered by another LMSW for which Oswego Hospital could not provide documentation to support those claims.

“The integrity and strength of our federal healthcare system depends on accurate and honest billing for services that are provided by qualified healthcare workers,” said United States Attorney Carla Freedman.  “We will continue to use the False Claims Act to hold healthcare providers accountable when their billing practice do not meet this standard.”

This case began in April of 2019, when a whistleblower filed a qui tam complaint investigation under seal in the United States District Court for the Northern District of New York. When a whistleblower, or “relator,” files a qui tam complaint, the False Claims Act requires the United States to investigate the allegations and elect whether to intervene and take over the action or to decline to intervene and allow the relator to go forward with the litigation on behalf of the United States. The relator is generally able to then share in any recovery. The relator in this case will receive $19,738.87 of the settlement proceeds.  The case is docketed with the U.S. District Court for the Northern District of New York under number 5:19-cv-0431 (GTS/ATB).

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the New York State Attorney General’s Office, the Department of Health and Human Services Office of the Inspector General and the Defense Criminal Investigative Service on behalf of the Defense Health Agency.  The United States was represented by Assistant U.S. Attorney Carl G. Eurenius, and New York State was represented by Special Assistant Attorney General Ralph D. Tortora, III.

ALBANY, NEW YORK – Irvis Jorge, age 44, and Pamela Febo, age 38, of Keansburg, New Jersey, each pled guilty today to conspiring to steal government property.  The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (DOCCS); and New York State Department of Labor (NYSDOL) Commissioner Roberta Reardon.

The defendants admitted to a conspiracy in which they agreed to, and did, submit a fraudulent unemployment insurance claim to NYSDOL using Jorge’s personal identifying information, at a time when Jorge was an inmate in DOCCS custody.  Febo submitted the application at Jorge’s direction in October 2020 and continued to re-certify Jorge’s benefits eligibility each week for approximately four months.  Each weekly certification indicated that Jorge was “able and available to start work immediately” even though Febo knew Jorge remained incarcerated and could not work.  NYSDOL paid the defendants $27,348 based on the repeated false certifications. 

The charge to which the defendants pled guilty carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  Sentencing will take place before Senior United States District Judge Gary L. Sharpe.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  Both defendants agreed to pay restitution for the full amount of funds stolen as well as forfeiture of the proceeds they still have.

The case was investigated by the FBI, the DOCCS Office of Special Investigations, and the NYSDOL Office of Special Investigations.  The case is being prosecuted by Assistant U.S. Attorney Jonathan S. Reiner.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

ALBANY, NEW YORK – Michael P. Fish, age 27, of Albany, was sentenced today to 18 months in prison for obstruction of justice.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his June 27, 2022 guilty plea, Fish admitted that he submitted seven fraudulent character letters to United States District Judge Mae A. D’Agostino in December 2019, in an effort to deceive the Court and obtain leniency during his sentencing in a now-concluded criminal case in which Fish was convicted of computer hacking, identity theft and child pornography crimes.  Fish admitted that he doctored four letters, including one from a priest, and fabricated another three letters, including ones purportedly from his mother and grandparents.

In his underlying criminal case, Fish was sentenced to 111 months in prison, to be followed by 15 years of supervised release, for computer fraud and aggravated identity theft in connection with his hacking of online social media accounts and theft of nude images of dozens of female victims, as well as possession of child pornography.  Fish’s term of imprisonment for obstruction of justice will begin immediately after his prison sentence in the underlying case concludes. 

This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

ALBANY, NEW YORK – Rodney Matthews, age 49, of Albany, pled guilty today to possessing and intending to distribute cocaine and heroin, and to possessing a firearm in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Chief Eric Hawkins of the Albany Police Department (APD).

As part of his plea, Matthews admitted to possessing 306 grams of cocaine and 95 grams of heroin at his apartment in Albany, as well as approximately $12,000, which represented the proceeds of his drug trafficking.  Matthews, a previously convicted felon, further admitted to possessing a loaded, privately manufactured .357 caliber semi-automatic pistol (a/k/a a “ghost gun”) in order to guard against the potential theft of his drugs and proceeds.  Matthews was initially arrested by APD officers after he was observed firing the pistol into a telephone pole outside of his residence. 

Matthews faces at least 5 years and up to life in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life, when he is sentenced on February 22, 2023, by Senior United States District Judge Gary L. Sharpe.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including APD.  This case is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBANY, NEW YORK – The Rensselaerville Institute (TRI), a not-for-profit corporation located in Albany, New York, has agreed to pay the United States $86,676 in damages and civil penalties to resolve allegations that it violated the False Claims Act by obtaining an inflated Paycheck Protection Program (PPP) loan. TRI also agreed to repay its lender $86,676, thereby relieving the U.S. Small Business Administration (SBA) of liability to the lender for the federal guaranty of the overstated portion of its loan, announced United States Attorney Carla B. Freedman.

United States Attorney Freedman stated: “Paycheck Protection Program loans were intended to provide critical relief to small businesses so that they could retain employees and continue operations during the COVID-19 pandemic. We will continue to use all available tools, including the False Claims Act, against companies that overstated eligibility for these taxpayer-funded loans.”

The PPP was established pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in March 2020, to provide emergency financial assistance to small businesses suffering economic effects caused by the COVID-19 pandemic. PPP loan applications were processed by participating lenders, which received a processing fee from the SBA. If a loan application was approved, the participating lender funded the loan, which was fully guaranteed by the SBA. 

TRI acknowledged in the settlement agreement that, in early April 2020, its now-former Chief Financial Officer (CFO) provided another now-former TRI official with data and calculations showing that TRI’s “average monthly payroll,” when multiplied in accordance with the PPP loan eligibility formula, totaled less than $500,000. That individual nevertheless applied on TRI’s behalf to an SBA participating lender for a $500,000 PPP loan. Shortly thereafter, the CFO wrote various TRI board members: “I have not received a copy of the PPP application. I am hopeful it was not actually submitted” because “it would be better if we don’t have a federal loan application floating out there for more money than we were entitled to.”

Later in 2020, as part of an audit of TRI’s annual financial statements, an audit and consulting firm represented that it notified TRI that TRI had applied for and received a larger loan than it was entitled to, and that it advised the former TRI official to return the excess funds. Rather than return the excess funds, in January 2021, yet another TRI official submitted an application for forgiveness of the entirety of the $500,000 loan. The SBA subsequently determined that TRI had overstated its average monthly payroll and, accordingly, declined to forgive $86,676 of TRI’s loan.

Special Agent in Charge Janeen DiGuiseppi of the Albany Field Office of the Federal Bureau of Investigation (FBI) stated: “The FBI will continue to work with our partners from the United States Attorney’s Office to investigate and hold accountable all those who take advantage of these critically important loan programs designed to provide assistance to American businesses.”

The case began in August 2021, when a whistleblower filed a qui tam complaint under seal in the United States District Court for the Northern District of New York. When a whistleblower, or “relator,” files a qui tam complaint, the False Claims Act requires the United States to investigate the allegations and elect whether to intervene and take over the action or to decline to intervene and allow the relator to go forward with the litigation on behalf of the United States. The relator is generally able to then share in any recovery. Pursuant to the settlement agreement, the relator will receive $17,000 of the settlement.

The investigation and settlement were the result of a coordinated effort between the United States Attorney’s Office for the Northern District of New York and the FBI. The United States was represented by Assistant United States Attorney Adam J. Katz.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

ALBANY, NEW YORK – Thomas “Tommy” Squires, age 37, of Cairo, New York, was sentenced today to 120 months in prison for attempting to coerce and entice a minor to engage in sexual activity with him.  The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Squires admitted that between June 28, 2020 and August 19, 2020, he exchanged sexually explicit messages with an undercover officer posing as a 14-year-old child, in an attempt to coerce and entice the child into engaging in sexual acts with him.  In those messages, Squires repeatedly asked the child for naked photos and sent photos of an erect penis to the presumed child.  Squires further admitted that on August 19, 2020, he traveled in order to meet with the child in Cairo.  Squires was arrested after arriving at the location, and he has been in custody since that date.

United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release, which will start after Squires is released from prison.  As a result of his conviction, Squires will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie and Rotterdam Police Departments, as well as the New York State Police.  This case was prosecuted by Assistant U.S. Attorney Rachel Williams as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Ahmad M. Mehdi and his medical practice, Ahmad M. Mehdi, M.D., P.C. (“Mehdi”), agreed to pay a total of $900,000 to resolve civil claims for up-coding billings for some medical services, billing for smoking cessation counseling services that were not adequately documented, and allegedly improper prescribing of opioids, announced United States Attorney Carla B. Freedman.

Mehdi operates a general medical practice with offices in Groton and Tully, New York.  According to the settlement agreement, between January 1, 2012, and September 17, 2018, Mehdi caused false claims to be submitted to federal healthcare programs by billing for some services at a higher rate of reimbursement than it would be entitled to for the service actually provided, a scheme commonly referred to as “upcoding.” Mehdi also submitted billing to federal healthcare programs for some smoking cessation counseling services that were not sufficiently documented.  This settlement also resolves claims that Mehdi violated the Controlled Substances Act between April 1, 2018, and December 31, 2020, by prescribing opioids outside the usual course of professional practice to three patients.  Mehdi has agreed to pay $331,250 to the United States to resolve all of these claims.  Mehdi will also pay $568,750 to the State of New York pursuant to the terms of a separate agreement.

“Providers who increase their own profits by over-billing for medical care increase medical costs for all of us and drain critical funds from Medicare and other government health programs,” said U.S. Attorney Freedman.  “We will continue to hold accountable medical professionals who undermine our healthcare system by over-billing for care.”

“Every dollar scammed from Medicaid is a dollar not spent caring for New Yorkers with actual medical needs,” said New York Attorney General Letitia James. “I am proud of the work my team did, together with the U.S. Attorney’s Office for the Northern District of New York, in uncovering these false claims and securing these funds. Let this settlement be a clear message: We have zero tolerance for lying to Medicaid, and we will hold those who do accountable.”

U.S. Attorney Freedman thanks the New York Attorney General’s Office for its collaboration in the investigation and resolution of this matter

The matter was investigated by the U.S. Department of Health and Human Services Office of Inspector General and the New York Attorney General’s Office Medicaid Fraud Control Unit.  Assistant U.S. Attorneys Christopher R. Moran and John Hoggan handled this matter for the U.S. Attorney’s Office.

SYRACUSE, NEW YORK – United States Attorney Carla B. Freedman announced today that Assistant United States Attorneys (AUSAs) Michael F. Perry and Joshua R. Rosenthal will lead the efforts of the Northern District of New York in connection with the Justice Department’s nationwide Election Day Program for the November 8, 2022 general election.  AUSAs Perry and Rosenthal have been appointed to serve as the District Election Officers (DEOs) for the Northern District of New York, and in that capacity are responsible for overseeing the District’s handling of complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department headquarters in Washington, D.C.

United States Attorney Freedman said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs Perry and Rosenthal will be on duty in this District while the polls are open.  They can be reached by the public at the following telephone numbers: 315-448-0913 (AUSA Perry) and 518-431-0389 (AUSA Rosenthal).

In addition, the FBI will have Special Agents available in each Field Office and Resident Agency throughout the country to receive allegations of election fraud and other election abuses on Election Day.  The local FBI Field Office can be reached by the public at 518-465-7551.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

United States Attorney Freedman said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate.  It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

SYRACUSE, NEW YORK - James Mack, age 39, of Syracuse, was convicted today following a four-day jury trial for possession with intent to distribute cocaine and cocaine base, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon, announced United States Attorney Carla B Freedman, Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division, John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief of Police Joseph Cecile, Syracuse Police Department.

The evidence at trial established that James Mack used his Honda Accord as a stash location for his drug trafficking operation. During a search of the defendant’s Accord in Syracuse on February 12, 2020, Syracuse Police Detectives located a hidden compartment (or “trap”) in the dashboard. From the trap, Detectives recovered over 400 grams of cocaine, over 100 grams of cocaine base, and a loaded .38 caliber revolver.

The charges of which the defendant was convicted carry a mandatory minimum term of imprisonment of 15 years and maximum of life, a fine of up to $8,000,000.00, and a term of supervised release of at least 8 years following the defendant’s release from incarceration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for March 16, 2023, in Utica, New York.

This case is being investigated by the U.S. Drug Enforcement Administration (DEA), the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Syracuse Police Department-Special Investigations Division (SPD-SID).  The case is being prosecuted by Assistant U.S. Attorneys Adrian LaRochelle and Jessica Carbone as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

SYRACUSE, NEW YORK – Michael Hawkins, age 60, of Maryland, New York was sentenced today to just short of seven months in prison to be followed by five years of supervised release for failing to register as a sex offender as required by the Sex Offender Registration and Notification Act (“SORNA”). The announcement was made by United States Attorney Carla B. Freedman, David L. McNulty, United States Marshal for the Northern District of New York, and Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

During his earlier change of plea hearing, Hawkins acknowledged that he was convicted in 1997 in Rhode Island of First-Degree Child Molestation and Second-Degree Child Molestation. He served 20 years in prison for those crimes and became required to register as a sex offender under SORNA for 25 years upon his release. At the time of his arrest in this case, Hawkins had been residing in Otsego County New York for several months after having relocated from Rhode Island and did not report his change of address to the Sex Offender Registry in either jurisdiction, as required by SORNA.

This case was investigated by the United States Marshals Service and the Social Security Administration Office of the Inspector General. It was prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

SYRACUSE, NEW YORK – Douglas Gustafson, age 36, of Syracuse, pled guilty yesterday to violating the Sex Offender Registration and Notification Act, announced United States Attorney Carla B. Freedman and United States Marshal David L. McNulty.  

Gustafson, who is a sex offender based on a 2008 federal conviction for recruiting and enticing a 14-year-old minor to engage in a commercial sex act, admitted that on May 28, 2022 he absconded from a residential recovery center, which was his court-ordered and registered address, and that he remained at large until he was located by law enforcement in Madison County on June 27, 2022.  Gustafson’s failure to notify the state Division of Criminal Justice Services Sex Offender Registry of this change in his residence was a violation of the Sex Offender Registration and Notification Act, which requires sex offenders to notify the registry within 3 days of any change in residence.    

Gustafson also admitted to violating his federal supervised release by, among other things, absconding from the residential reentry center and committing a new crime by failing to report his change of address to the Sex Offender Registry. 

Gustafson will be sentenced on February 13, 2023 before Senior United States District Judge Norman A. Mordue.  For failing to update his sex offender registration information, Gustafson faces a sentence of up to 10 years in prison, a term of supervised release of at least 5 years and up to life, and a fine of up to $250,000.  For violating the conditions of his supervised release, Gustafson faces a potential additional penalty of up to 5 years in prison.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the United States Marshal Service and is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher.

ALBANY, NEW YORK – Thomas Cesiro, age 68, of Rutland, Vermont, was convicted yesterday of attempting to entice or coerce a minor, following a three-day jury trial. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The evidence at trial established that, from October 10 to October 20, 2020, Cesiro exchanged over 1,000 text messages and 9 phone calls with Albany-based undercover investigators who were posing as both a 12-year-old girl and the adult mother of the girl.  During one phone call, Cesiro instructed the girl how to conduct a sexual act.  On October 20, 2020, Cesiro traveled from his residence in Rutland to Bennington, Vermont, to meet the purported mother and 12-year-old child, and brought with him various sexual toys and gifts for the child, including a vibrating Frozen-themed toothbrush.  Cesiro was encountered by law enforcement officials upon his arrival to the arranged meeting location and arrested. 

When United States District Judge Mae A. D’Agostino sentences Cesiro on February 15, 2023, Cesiro faces a minimum of 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the FBI and its Child Exploitation Task Force, including investigators from the Colonie Police Department, Rotterdam Police Department, and New York State Police, and is being prosecuted by Assistant United States Attorneys Rachel Williams and Richard Belliss. 

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

SYRACUSE, NEW YORK – Marcus Lombardo, age 38, of Hannibal, NY, pled guilty today to possession of child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Lombardo admitted that on February 18, 2021, during a visit at his home from his United States Probation Officer, Lombardo possessed at least 180 image and video files of child pornography on an SD card found inside a cell phone that he was prohibited from possessing under the conditions of his supervised release. 

Lombardo was on federal supervision following a 2012 federal conviction for receipt and possession of child pornography and commission of a felony offense while on pretrial release. He was sentenced to a one-year term of imprisonment in 2019 for violating the conditions of his release on a prior occasion and was sentenced to 16-month term in 2021 for the violation that occurred on February 18, 2021.

Sentencing is scheduled for February 9, 2023, before United States District Judge David N. Hurd.  Lombardo faces a mandatory minimum term of 10 years in prison, a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of between 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the United States Probation Office and the FBI Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI).  The case is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

 

ALBANY, NEW YORK – Jesus Baez, age 32, of Loudonville, New York, pled guilty today to a cocaine distribution conspiracy, announced United States Attorney Carla B. Freedman and Ketty Larco-Ward, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service (USPIS).

Baez admitted that between June 2021 and December 2021, in Albany and Rensselaer Counties, he and three co-conspirators obtained cocaine shipped from Puerto Rico and distributed it in the Capital Region.  The cocaine was shipped via U.S. mail in one-kilogram bricks, and transported to a stash house maintained by Baez on Fifth Avenue in Troy, New York, where the cocaine was processed for distribution.

Sentencing is scheduled for February 8, 2023 in front of Senior United States District Judge Gary L. Sharpe.  Baez faces a minimum of 5 years in prison, a maximum of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life.   Baez also agreed to forfeit $5,000 seized from his residence as proceeds of the drug conspiracy.

Baez’s plea resolves the charges against him in an indictment unsealed in September.  The following three individuals were also charged for their role in the conspiracy:

• Jan Lopez-Colon, 28, of Troy,
• Ilvin Batista-Figueroa, 31, of Albany, and
• Sam Calderon, 20, of Troy.

 

Calderon previously pled guilty before Judge Sharpe.  The charges against codefendants Lopez-Colon and Batista-Figueroa remain pending.  The charges in the indictment are merely accusations. These defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the USPIS and its Capital Region Task Force, led by the USPIS and including the Albany Police Department, the Albany County Sheriff’s Office, and the Schenectady Police Department, as well as the U.S. Drug Enforcement Administration, and is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

PLATTSBURGH, NEW YORK – Jose Angel Portillo-Lopez, age 72, of Norwalk, Connecticut, pled guilty today to conspiracy to commit alien smuggling and possession of child pornography.

The announcement was made by United States Attorney Carla B. Freedman and Acting Chief Patrol Agent Keith Hoops, United States Border Patrol, Swanton Sector.

Portillo-Lopez admitted that in April 2021, he traveled to the border in Burke, New York, where he assisted in the smuggling of four Vietnamese nationals from Canada and into the United States for profit.  Further, the investigation revealed, and Portillo-Lopez admitted, that he possessed videos of child pornography on his cellphone.

Sentencing is scheduled for February 8, 2023, before United States District Judge David N. Hurd in Utica, New York, at which time Portillo-Lopez faces a mandatory term of 10 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the United States Border Patrol, Burke Station, and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Stitt.

SYRACUSE, NEW YORK – Alex Carrasquillo-Rosado, age 31, of Syracuse, was sentenced today to 70 months’ imprisonment to be followed by five years of supervised release for possessing with intent to distribute six kilograms of cocaine seized from his car and house in November of 2021.

The announcement was made by United States Attorney Carla B. Freedman, Ketty Larco-Ward, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office, Thomas Fattorusso, Executive Special Agent in Charge, Internal Revenue Service – Criminal Investigation Division (IRS-CI), New York Field Office, and Joseph Cecile, Chief of Police, Syracuse Police Department.

This case is being investigated by the United States Postal Inspection Service (USPIS), Homeland Security Investigations (HSI), Internal Revenue Service – Criminal Investigation Division (IRS-CI), and the Syracuse Police Department. Investigative assistance was provided by the Drug Enforcement Administration (DEA), United States Border Patrol, and the Onondaga County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – Shelby Ortiz, age 30, of Maryland, New York pled guilty today to distribution of child pornography. The announcement was made by United States Attorney Carla B. Freedman and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

During the change of plea hearing today, Ortiz admitted that she subjected an approximately seven-month-old boy to mouth to penis contact, knowing that the sex act she was performing was being video recorded. She admitted further that, on the same day she performed the sex act, she knowingly distributed the video to a person then living in Florida with whom she was participating in an online and telephone dominant/submissive sexual relationship.

If the plea agreement is accepted by the district court, at sentencing on February 21, 2023, Ortiz faces a term of imprisonment of between 10 and 20 years, a term of post imprisonment supervised release of between five years and life, a fine of up to $250,000, restitution to the victim, and will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by Homeland Security Investigations (HSI), the Oneonta Police Department, led by Police Chief Christopher Witzenburg, and the New York State Police and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – Carrie Wetherell, 44, of Watertown, New York, pled guilty to one count of bank fraud related to her scheme to withdraw and spend the Supplemental Security Income (SSI) benefits of a deceased relative. 

The announcement was made by United States Attorney Carla B. Freedman and Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

As part of her guilty plea, Wetherell admitted to using her deceased relative’s identity and ATM card to withdraw SSI benefits that had been deposited into the relative’s bank account after her death. At the same time Wetherell withdrew these funds, she was also receiving Temporary Assistance and Supplemental Nutrition Assistance Program (SNAP) benefits from the Jefferson County Department of Social Services. However, she failed to disclose the money she withdrew from her deceased relative’s account knowing that such disclosure would disqualify her from receiving those benefits.  As part of her plea, Wetherell agreed to pay $85,980.05 in restitution to the Social Security Administration and the Jefferson County Department of Social Services and agreed to a forfeiture money judgment in the amount of $6,194.00. 

At sentencing, currently scheduled for February 9, 2023, Wetherell faces a maximum term of imprisonment of thirty years, a fine of up to $1,000,000, and a term of supervised release of up to five years. A defendant’s sentence is imposed by a judge based on the statute the defendant is convicted of violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the Social Security Administration Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Paul J. Tuck and Assistant United States Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK – David Colon, age 41, of Troy, New York was sentenced yesterday to 46 months in prison for distributing fentanyl.

The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.

In pleading guilty, Colon admitted that from August 31, 2020 through December 15, 2020, he ran a drug trafficking organization that operated in Albany and Rensselaer counties.  As the leader of this operation, Colon distributed and agreed with others to distribute approximately 125 grams of fentanyl on multiple occasions throughout Albany and Troy.  Colon forfeited $560,548 in seized cash, which represented proceeds of his fentanyl distribution operation.   

United States District Judge Mae. A. D’Agostino also sentenced Colon to serve 4 years of post-release supervision. 

This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Rachel Williams.

SYRACUSE, NEW YORK – The U.S. Attorney’s Office for the Northern District of New York announced today that it is joining the Justice Department’s Transnational Elder Fraud Strike Force, as part of its continuing efforts to protect older adults and prosecute perpetrators of fraudulent schemes.

Since 2019, current Strike Force members — including the Department’s Consumer Protection Branch, six U.S. Attorney’s offices, the FBI, U.S. Postal Inspection Service and Homeland Security Investigations — have brought successful cases against the largest and most harmful elder fraud schemes and worked with foreign law enforcement to disrupt criminal enterprises, disable their infrastructure and bring perpetrators to justice. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat sophisticated fraud schemes that target or disproportionately impact older adults. The expansion will increase the total number of U.S. Attorney’s offices comprising the Strike Force from six to 20, including all of the U.S. Attorney’s offices in the states of California, Arizona, Texas, Florida, Georgia, Maryland and New York.

Attorney General Merrick B. Garland said: “We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorney’s offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors. This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

United States Attorney Carla B. Freedman stated: “Our district is proud to join the Strike Force as part of the Department’s overall efforts to combat elder abuse, neglect, and financial fraud. We will continue to devote resources to prosecuting the perpetrators of significant exploitation schemes and spreading awareness about these scams so that people do not fall victim to them.”

The Strike Force expansion will further enhance the Department’s existing efforts to protect older adults from fraud and exploitation. From September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. The matters tackled by the Department and its partners ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims.

This past year, the U.S. Attorney’s Office for the Northern District of New York has obtained indictments in two cases under the Elder Justice Initiative. Each case involves theft and misappropriation of funds by a fiduciary of an incompetent, elderly veteran. Both cases remain pending. The charges in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty.

Also this year, Assistant U.S. Attorneys Alexander Wentworth-Ping and Christopher Moran, the Office’s Elder Justice Coordinators, participated in outreach efforts in the Town of Dewitt and in Saratoga Springs to spread awareness about scams targeting older Americans.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available via the National Elder Fraud Hotline: 1-833-FRAUD-11 or 833-372-8311.  This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6 a.m. to 11 p.m. English, Spanish and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.

ALBANY, NEW YORK – Calvin Bautista, age 36, of Richmond Hill, New York, was arraigned today on an indictment charging him with smuggling three Burmese pythons into the United States at the Champlain Port of Entry.

The announcement was made by United States Attorney Carla B. Freedman, and Ryan Noel, Regional Special Agent in Charge, U.S. Fish and Wildlife Service, Office of Law Enforcement.

Bautista smuggled the snakes in his pants as he rode on a bus that crossed the U.S.-Canadian border. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Bautista carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Bautista was arraigned today in Albany, before United States Magistrate Judge Christian F. Hummel, and released pending a trial before Senior United States District Judge Lawrence E. Kahn.

This case is being investigated by the U.S. Fish & Wildlife Service and U.S. Customs and Border Protection, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

SYRACUSE, NEW YORK – Ryan Berte, age 33, of Eaton, New York, was indicted on September 29, 2022, for receiving and possessing child pornography and for delay of mail while previously serving as a rural mail carrier for the United States Postal Service.

The announcement was made by United States Attorney Carla B. Freedman and Matthew Modafferi, Special Agent in Charge of the United States Postal Service-Office of Inspector General (USPS-OIG), Northeast Area Field Office.

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

The charges filed against Berte carry a maximum sentence of 20 years in prison, a mandatory minimum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Berte was arraigned yesterday in Syracuse, New York, before United States Magistrate Judge Andrew T. Baxter, and was detained pending further proceedings.

This case was investigated by the USPS-OIG and the New York State Police, Bureau of Criminal Investigation (BCI), Computer Crimes Unit (CCU).  This case is being prosecuted by Assistant United States Attorney Adrian S. LaRochelle as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Sean Morrissey, age 51, of Waterford, New York, pled guilty today to abusive sexual contact of a ward, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Morrissey pled guilty today before United States District Judge Glenn T. Suddaby in Syracuse.  As part of the plea, Morrissey admitted that between September 7, 2018 and September 21, 2018, while he was a corrections officer at Rensselaer County Correctional Facility, he knowingly rubbed the genitalia of a female federal inmate, with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of a person.

Sentencing is scheduled before Judge Suddaby in Albany on February 23, 2023.  Morrissey faces a maximum sentence of 2 years in prison, a fine of up to $250,000, and a term of supervised release of up to 1 year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

ALBANY, NEW YORK – Isaiah Lafoe, age 24, of Lancaster, New Hampshire, appeared in Albany federal court today on charges that he received child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

According to the criminal complaint, between September 2020 and March 2021, Lafoe communicated via social media and phone with a girl residing in Troy, New York, and received child pornography images and videos from her.

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

Lafoe was arrested on September 14, 2022 and made an initial appearance in the District of New Hampshire. Today, he appeared before United States Magistrate Judge Daniel J. Stewart and was detained pending trial.

If convicted, Lafoe faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Lafoe would also be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators.  The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

ALBANY, NEW YORK - Jonathan Woodworth, age 44, a citizen of Canada, was charged yesterday with attempting to entice and coerce a minor into sexual activity.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

According to the criminal complaint, Woodworth exchanged sexually explicit messages over a period of four months with undercover law enforcement officers whom Woodworth believed to be a foster mother and 10-year-old child. Before his arrest, Woodworth traveled by plane and train from the Canadian province of New Brunswick, to Rensselaer County, with a gift for the child with whom Woodworth intended to engage in sexual activity in a cabin he rented in advance of his travel.  

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.  If convicted, Woodworth faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Woodworth appeared yesterday before United States Magistrate Judge Daniel J. Stewart, who ordered Woodworth detained pending trial.

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies.  This case is being prosecuted by Assistant United States Attorney Ashlyn Miranda as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.