Northern District of New York

SYRACUSE, NEW YORK – Today, the U.S. Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.

“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences.  The Department of Justice is committed to investigating and prosecuting individuals, who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”

“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”

“2020 has been a grim and tragic year in cities throughout our District,” said Acting United States Attorney Antoinette Bacon. “In Albany, more than 100 people have been shot, including one this weekend, and there have been 15 homicides, including a 17-year old murdered on his way home from a funeral. In Syracuse, 149 people have been shot, and homicides are on pace to set a year-end record. In Troy, an 11-year-old boy was killed last month in a drive-by shooting. The time to take a stand against gun violence is now. Reducing gun violence has been, and will continue to be, one of our District’s top priorities. We must do all we can to ensure that the next time we read about a child in the news, it’s because they won a spelling bee, not because they were the victim of gun violence.”

Of the more than 14,200 cases charged in fiscal year 2020, 64 cases have been brought by the United States Attorney’s Office for the Northern District of New York, announced Acting U.S. Attorney Antoinette Bacon.

“Across the 32-county Northern District of New York we work daily with law enforcement agencies at all levels and local prosecutors to charge criminals who arm themselves with guns,” said Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon, who are assigned to prosecute firearms cases for the United States Attorney’s Office for the Northern District of New York. 

Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense.  The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime. 

For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473

PLATTSBURGH, NEW YORK – Rey David Jimenez-Lopez, age 20, and a citizen of Mexico, was arrested on October 3 and charged by criminal complaint with alien smuggling in connection with a failed smuggling event.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

The criminal complaint alleges that Jimenez-Lopez was arrested while transporting six illegal aliens, five of whom had illegally crossed into the United States through the woods near Churubusco, New York.  Border Patrol Agents from the Burke Station stopped the vehicle that was being operated by Jimenez-Lopez and detained the occupants.

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

Jimenez-Lopez appeared before United Magistrate Judge Gary L. Favro on October 6 and was detained. 

If convicted, Jimenez-Lopez faces 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.

The six occupants of the vehicle were found to be citizens of Guatemala and Mexico, and illegally present in the United States.  Five occupants were expelled to Canada and one was detained by Immigration and Customs Enforcement, and is subject to deportation. 

This case is being investigated by United States Border Patrol and prosecuted by Assistant U.S. Attorney Jeffrey Stitt.

ALBANY, NEW YORK - Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, and James P. Kennedy, United States Attorney for the Western District of New York, met today with leaders of the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), and the United States Marshals Service, along with Callahan Walsh from the National Center for Missing and Exploited Children (NCMEC), to warn the public of increased risks to children and teens from online sexual predators.  In an era where children are spending more time on the Internet, it is essential that parents, guardians, educators and trusted adults know the risks and how to prevent exploitation. 

“Children are spending more time online, for school, for clubs, and for playdates.  Parents don’t know all the apps or how to use them, but sexual predators do.  They know where the kids are and how to reach them.  Just as parents taught kids to be safe at home by locking the doors at night, parents must learn how to keep kids safe online.  Computers can be scary.  The internet can be intimidating.  But in this case, ignorance is not bliss,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York.  “The Department of Justice is committed to keeping kids safe.  We will continue to pursue online sexual predators, and with increased awareness on the part of parents and communities, we will stop even more.”

“The borderless nature of the Internet has made these crimes which transcend jurisdictional boundaries,” stated United States Attorney Kennedy.  “Cases in our district frequently involve victims in the Northern District and vice versa. Working together we will use our prosecutorial resources to do all that we can to protect our kids, but we cannot do it alone.  All New Yorkers and all Americans have a duty to protect our children—both in the physical and online world.”

“Homeland Security Investigations is committed to the Safety Pledge initiative, which demonstrates a whole of government commitment to protecting and safeguarding children online,” said Kevin Kelly, HSI Special Agent in Charge.  “It is a reminder that we must all dedicate ourselves to implement the critical measures at home and in our communities that are necessary to keep children safe from online predators.” 

“Make no mistake about it, investigating and arresting online predators is a top priority for the FBI and our office is leading the charge locally in keeping our most vulnerable safe from the monsters who lurk behind their keyboards. These disturbing individuals are preying on innocent children online and our office is working with our partners to aggressively pursue justice for their victims,” said Thomas F. Relford, Special Agent in Charge, Federal Bureau of Investigation, Albany Field Office.

“At NCMEC, we are dedicated to fighting child sexual abuse online wherever we find it and working to prevent the future victimization of children,” said Callahan Walsh, NCMEC Child Advocate. “With increased screen time experienced by both adults and children during the pandemic, the opportunities for exploiters to pray on our kids has only increased and we encourage parents to talk to their kids about being safe online.”

Lisa Fletcher, the Assistant United States Attorney who oversees the prosecutions of these cases in the Northern District of New York, and has seen hundreds in our district says, “Ensuring the safety of our children is the most important job any of us will ever have.  We must all educate ourselves and talk to our children about the risks inherent in the open access the Internet provides.  Talk to your kids about what sites they are visiting, what apps they use, whom they are texting and messaging, what kinds of pictures they take of themselves, and what kinds of pictures other people send to them.  Encourage them to share with you anything makes them uncomfortable, whether an image, a message, or a solicitation.  Showing that you care will go a long way with a child, and that in turn will go a long way in keeping them safe.”

Prevention is key.  There are resources available for parents, teachers, and our kids from kindergarten through high school. 

• NetSmartz has a number of websites with tool kits, games, videos for all ages, PowerPoints for educators, Tip Sheets and more.  Go to NetSmartz.org
• Homeland Security Investigations and NCMEC just launched their SafetyPledge campaign, encouraging parents to pledge to talk with their children about this threat.  Their website includes a tool kit packed with information.  Go to SafetyPledge.org
• The Federal Bureau of Investigation’s website, entitled Safe Online Surfing, has resources categorized from 3rd grade through 8th grade, for teachers and students.  Go to SOS.FBI.gov 

ALBANY, NEW YORK – Matthew Peters, a 45 year old sex offender from Schenectady, New York, was arrested yesterday and charged with attempting to entice or coerce a child.  

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

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

The criminal complaint alleges that between October 2 and October 7, 2020, Peters initiated and exchanged sexually explicit text messages with an undercover law enforcement officer who was posing as a 14-year-old child named “Brandon” on a popular online social networking site.  After learning “Brandon” was 14 years old, Peters repeatedly asked “Brandon” for “nudes” and “live” pictures.  Peters also asked “Brandon” to meet him on multiple occasions and discussed engaging in oral and anal sex with “Brandon” when they met.  On October 6, Peters arranged to meet “Brandon” the following day in Menands, NY.  On October 7, Peters arrived at the prearranged meeting location in Menands, where he was encountered by law enforcement officers and arrested. 

Peters appeared in court today for an initial appearance before United States Magistrate Judge Christian Hummel.  Judge Hummel scheduled a detention hearing for Friday October 9, 2020.  Peters will remain detained pending that hearing. 

Due to Peters’ status as a convicted sex offender, the charge against Peters could carry a sentence of at least 10 years and up to life 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 is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant United States Attorney Rachel Williams. 

A federal grand jury in Syracuse, New York, returned an indictment charging the operators of three donut shops with conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and Acting U.S. Attorney Antoinette T. Bacon for the Northern District of New York.

According to the indictment, John Zourdos, his wife, Helen Zourdos, and their son, Dimitrios Zourdos, all of Rome, New York, operated three Dippin Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants allegedly concealed more than $1 million in cash sales from the IRS by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant, and causing their accountant to file false individual and corporate tax returns with the IRS. The indictment further alleges that the defendants committed employment tax fraud by paying employees some wages “off the books” in cash.

If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. The defendants also face a period of supervised release, restitution, and monetary penalties.

An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Principal Deputy Assistant Attorney General Zuckerman and Acting U.S. Attorney Bacon commended special agents of IRS-Criminal Investigation, who conducted the investigation. They also thanked Assistant Chief John Kane and Trial Attorney Kimberly Ang of the Tax Division, and Assistant U.S. Attorney Michael Perry who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

SYRACUSE, NEW YORK – A federal grand jury returned an indictment yesterday charging John Zourdos, age 67, Helen Zourdos, age 63, and Dimitrios Zourdos, age 37, all of Rome, New York, with felony counts of conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns. The indictment was announced by Acting United States Attorney Antoinette T. Bacon, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Jonathan D. Larsen, Special Agent in Charge of the New York Field Office of Internal Revenue Service-Criminal Investigation (“IRS-CI”).

The indictment alleges that John and Helen Zourdos own three Dippin Donuts stores in Central New York—two in Rome and one in New Hartford—and that they operate these stores with the assistance of their son, Dimitrios Zourdos. The indictment further alleges that between 2013 and 2017, John, Helen, and Dimitrios concealed more than $1 million in cash sales from the IRS by depositing cash directly into their personal bank accounts instead of their business bank accounts and by providing incomplete information to their accountant and causing the accountant to file false individual and corporate tax returns with the IRS. The indictment further alleges that the defendants committed employment tax fraud by paying employees some of their wages “off the books” in cash.

If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge.  The defendants also face up to three years of supervised release after conviction, as well as monetary penalties including restitution.

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

This case is being investigated by IRS-CI, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry along with Assistant Chief John Kane and Trial Attorney Kimberly Ang of the Department of Justice Tax Division.

SYRACUSE, NEW YORK – Matthew Lamb, age  48, of DeRuyter, New York, pled guilty yesterday to two felony counts of failing to register and update a registration as a sex offender after it was discovered that he had two e-mail addresses that he did not disclose to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.

As part of his guilty plea, Lamb admitted that from May 3, 2016 through May 13, 2019, he failed to register a Yahoo! e-mail address that he created on December 10, 2001, as required by SORNA.  Further, Lamb admitted that from April 27, 2018 through May 13, 2019, he failed to register and failed to update his registration to disclose a google e-mail address that he created on April 16, 2019, as required by SORNA.

Sentencing is scheduled for February 10, 2021 before Chief Judge Glenn T. Suddaby.  Lamb faces a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life.  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 Tamara Thomson.

ALBANY, NEW YORK – Jorge Ortiz, Jr., age 59, of Albany, was arraigned today on an indictment charging him with concealing his assets and resources, and making false statements, in connection with obtaining Supplemental Security Income (SSI) benefits for a relative. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

The indictment alleges that Ortiz failed to disclose his assets and resources to the SSA from November 2008 through February 2016, and that as a result a relative in his care was able to receive SSI benefit payments that he was not otherwise eligible to receive. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Ortiz was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.

The charges against Ortiz carry a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK – A $500,000.00 U.S. Department of Justice grant has been awarded to Vera House, Inc., a not-for-profit agency working to end domestic and sexual violence and elder abuse in Central New York, announced Acting United States Attorney Antoinette T. Bacon. Under the grant, Vera House will establish its Expanding CORE (Community-Based Options to Respond to Elder Abuse) Program in three apartment buildings in Syracuse. According to Vera House, communities served by the Expanding CORE Program are low-income, racially and ethnically diverse, and represent a significant population of English as a Second Language speakers.

“We are pleased that this Department of Justice grant will support Vera House’s Elder Abuse programs in Central New York particularly because the isolation required by COVID-19 has left many older Americans more vulnerable to abuse, neglect, and exploitation. Our commitment to fighting elder abuse and supporting victims will never waver,” said Acting U.S. Attorney Antoinette Bacon.

Vera House Abuse in Later Life Project Coordinator Jenny Ackley said, “Our project planning team has been evaluating the use of restorative practices for cases of elder abuse for several years, and I’m thrilled that we were awarded this innovative grant to help reach additional older adults in our community. By embedding service staff within the residences of older adults, we hope to build rapport and establish trusted relationships with them and reach those who may be reluctant to use, or unable to access existing services. We are hopeful these services will restore safety and security to older victims of abuse.”

“Community partners like Vera House are vital to our work combatting elder abuse and exploitation, and we look forward to collaborating with them to provide support to victims and witnesses,” said Assistant U.S. Attorneys Shira Hoffman and Christopher Moran, who prosecute elder abuse cases for the United States Attorney’s Office.

The U.S. Department of Justice’s Office of Justice Programs awarded grants totaling $9.4 million to combat elder abuse and financial fraud targeted at seniors across the United States. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. Attorney General William P. Barr announced the awards on October 1st the 30th anniversary of the International Day of Older Persons.

Approximately $7.9 million of the funds were awarded to jurisdiction and service providers in the United States under two of Office for Victims of Crime grant programs. OJP’s National Institute of Justice awarded the remaining $1.4 million for related research projects.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

SYRACUSE, NEW YORK – Daquan Dowdell, age 29, Terry Linen, age 28, and Deshawnte Waller, age 43, all of Syracuse, were sentenced to serve, collectively, decades in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Syracuse Police Chief Kenton Buckner. 

Daquan Dowdell was sentenced on Friday, October 2, 2020, to serve 120 months in federal prison to be followed by three years supervised release.  In imposing sentence, Senior United State District Judge Frederick J. Scullin, Jr., found that Dowdell was personally involved in drug trafficking and gun possession, and at least one shooting, on behalf of the gang.

Terry Linen was sentenced yesterday to serve 110 months in federal prison to be followed by three years supervised release.  The Court found that Linen was involved in drug trafficking and gun possession and that he was responsible for another shooting in connection with the gang.

Deshawnte Waller was sentenced yesterday to serve 80 months in federal prison, to be followed by three years supervised release.  The Court found that Waller was involved in drug trafficking and the use of fraudulent credit cards on behalf of the gang.

Previously sentenced 110 Gang RICO defendants:

• Anthony Hopper was sentenced to 385 months in prison; 3-year term of supervised release
• Damani Prince was sentenced to 78 months in prison; 3-year term of supervised release
• Rashawn Wynn was sentenced to 92 months in prison; 3-year term of supervised release
• Davon Sullivan was sentenced to 68 months in prison; 3-year term of supervised release
• Qualik Vaughn was sentenced to 68 months in prison; 3-year term of supervised release
• Jason Lebron was sentenced to 92 months in prison, 3-year term of supervised release
• Javon Peterson was sentenced to 98 months in prison, 3-year term of supervised release. 

 

This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski

This case was brought as 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 – Joel Malek, age 42, of Schenectady, New York, was arrested today and charged with possession of an improvised incendiary device, commonly known as a “Molotov cocktail,” on June 5, 2020.  

The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Malek was indicted for possessing a Molotov cocktail as an unregistered destructive device, on June 5. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

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

Malek was arraigned today before United States Magistrate Judge Christian F. Hummel, who ordered Malek detained pending a detention hearing scheduled for Thursday.

This case is being investigated by ATF and the FBI, with assistance from the Schenectady Fire Department and Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander P. Wentworth-Ping.

SYRACUSE, NEW YORK – Chasib Hafedh Saadoon Al Fawadi, age 35, of Syracuse, appeared yesterday in federal court on an indictment charging him with making false statements in connection with his application to obtain a green card.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Al Fawadi appeared before United States Magistrate Judge Andrew T. Baxter, who ordered him detained pending a detention hearing on October 8, 2020.

According to the indictment, Al Fawadi, an Iraqi citizen, made false statements in connection with his application to become a lawful permanent resident.  Specifically, the indictment alleges that he made false statements (1) on his United States Citizenship and Immigration Services (USCIS) Form I-485 for permanent residence; (2) to an official of the USCIS, a component of the Department of Homeland Security, during an interview conducted on April 9, 2019, in connection with his application for permanent residence; and (3) to another USCIS official on October 30, 2019.

As detailed in the indictment, Al Fawadi falsely answered questions where honest answers would have revealed that (1) he had been a member of and affiliated with Asa’ib Ahl al-Haq, an Iranian-backed Shiite militia and paramilitary organization and group whose members routinely used weapons against others and threatened to do so; (2) he had also assisted and provided material support to Asa’ib Ahl al-Haq knowing that it had engaged in and conspired to engage in sabotage, kidnapping, political assassination, hijacking, and other forms of terrorist activity; (3) he had received military, paramilitary and weapons training; and (4) he had traveled to Iran and Syria.  By instead providing false answers, Al Fawadi attempted to conceal all of this information from the USCIS.

According to the indictment, on March 17, 2015, while in Turkey, Al Fawadi applied for classification as a refugee and to be admitted to the United States along with his family in large part on his claim that, while in Iraq, he was persecuted and threatened by Asa’ib Ahl al-Haq because he had refused to assist in the kidnappings of Sunni Muslims.

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

If convicted, Al Fawadi faces up to 5 years in prison on each false statement charge, up to 3 years of post-imprisonment supervised release, and a maximum $250,000 fine.  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 FBI and Homeland Security Investigations, with assistance from the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Steven D. Clymer.

SYRACUSE, NEW YORK – Thomas Baxter, a.k.a. Mark Anthony, age 79, of Schuyler, New York pled guilty today to defrauding the Social Security Administration (SSA) by using a false identity to collect Social Security benefits under that identity for over a decade.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

As part of his guilty plea, Baxter admitted that in 1971 he fraudulently applied for and was issued a second Social Security number in a fictitious name, and that from September of 2008 until June of 2019, he used that false name and fraudulently acquired Social Security number to obtain and spend Social Security benefits, while also receiving Social Security benefits under his true name and Social Security number.

Sentencing is currently scheduled for February 23, 2021, before Hon. Thomas J. McAvoy.   Baxter faces up to 5 years in prison, and up to 3 years of supervised release as a result of his conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK – Devin Diggs, 21, a former U.S. Army solider previously stationed at Fort Drum, New York, was sentenced today to serve 24 months in federal prison for the burglaries of two federally licensed firearms dealers in Northern New York, announced Acting United States Attorney Antoinette T. Bacon 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 previous guilty plea, Diggs admitted to stealing five (5) long guns during the burglary of a licensed federal firearms dealer in Gouverneur, New York, on September 14, 2019, and to the burglary of a second licensed federal firearms dealer in De Kalb Junction, New York, on September 29, 2019 during which five (5) handguns were stolen. All stolen firearms were recovered during the investigation of these crimes. Diggs also admitted to knowingly possessing stolen firearms taken during those burglaries in his barracks at Fort Drum. Diggs’s co-defendant,  Rian Patterson, was sentenced to serve 30 months in prison on September 29, 2020.

In addition to his term of imprisonment, the court also sentenced Diggs to serve three (3) years of post-imprisonment supervised release and ordered him to pay a restitution to the victims.

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S Army Criminal Investigation Division (ARMY CID), the St. Lawrence County Sheriff’s Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

This case was brought pursuant to 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 – Jason Pantone, age 34, of Hyde Park, New York, pled guilty today to conveying false information and hoax letters in connection with envelopes containing white powder he mailed to federal offices throughout Upstate and Central New York, and the Southern Tier.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Pantone admitted that beginning on February 21, 2019 and until his arrest on February 27, 2019, he mailed envelopes containing white power to Social Security Administration offices in Binghamton, Plattsburgh and Utica, New York.  He also mailed white powder letters addressed to the United States District Court in Syracuse, Binghamton, Albany, Plattsburgh, and Utica.  Each of the envelopes contained a typed note, which read “ANTHRAX.”  Some of the letters included a smiley face with X’s in place of the eyes.  All samples of the white powder were tested and yielded negative results for anthrax or other hazardous material.

United States District Judge Mae D’Agostino scheduled sentencing for February 10, 2021.  Pantone, who has been in custody since the date of his arrest, faces up to 5 years in prison, a fine up to $250,000, and 1 year 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 was investigated by the FBI Albany Field Office’s Joint Terrorism Task Force, the Social Security Administration Office of Inspector General, the United States Postal Inspection Service, Homeland Security Investigations, the Federal Protective Service, the New York State Police, the New York State Department of Health, and the Dutchess County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Troy Anderson.

ALBANY, NEW YORK – Carlos Leon, age 62, and his son Jose Leon Roldan, age 41, both of Troy, New York, appeared in court this week on a charge of conspiring to distribute 1 kilogram or more of heroin. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Rensselaer County Sheriff Pat Russo.

The indictment also charges that on March 30, 2020, Carlos Leon possessed and intended to distribute quantities of heroin, cocaine and oxycodone, and unlawfully possessed a Ruger handgun and Glock handgun as a felon.  The charges in the indictment are merely accusations. Each defendant is presumed innocent unless and until proven guilty.

A third man, Mario Figueroa-Portalatin, age 42, of Troy, pled guilty on August 11, 2020 to conspiring to distribute 1 kilogram or more of heroin.

Carlos Leon, who has been in custody since March 30, was arraigned yesterday on the indictment. Jose Leon Roldan appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a hearing on Monday.  On the drug conspiracy charge, each man faces at least 10 years and up to life in prison, as well as post-release supervision of at least 5 years and up to life. Carlos Leon also faces up to 20 years in prison on the drug possession charge, and up to 10 years in prison on the firearms charge. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

A separate indictment charges Anthony Leon, age 34, of Watervliet, New York, with distributing cocaine on February 26, 2020, and possessing and intending to distribute cocaine on March 30.  Anthony Leon is the son of Carlos Leon, and the brother of Jose Leon Roldan.  The charges in the indictment are merely accusations. Anthony Leon is presumed innocent unless and until proven guilty.  Anthony Leon faces up to 20 years in prison if convicted. He appeared today before Judge Hummel and was ordered detained pending a hearing on Monday. 

These cases are being investigated by DEA Albany, the Rensselaer County Sheriff’s Office, and the Watervliet Police Department, and are being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Daniel Porrazzo, a/k/a “lickndipinu,” age 51, of Stillwater, New York, was arraigned today on an indictment charging him with possession of child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

According to the indictment, on or about June 2, 2016, Porrazzo possessed multiple images of child pornography on two laptop computers.  The child pornography included depictions of the sexual abuse of children under age 12.  The charges in the indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

If convicted, Porrazzo faces a maximum term of imprisonment of 20 years, a mandatory term of supervised release of 5 years and up to life, and a maximum $250,000 fine.  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.  Porazzo would also have to register as a sex offender.

Porrazzo is detained pending a detention hearing scheduled before United States Magistrate Judge Christian F. Hummel on Monday, October 5, 2020.

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

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 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/.

PLATTSBURGH, NEW YORK – Graigory Brown, age 50, of Plattsburgh, was charged yesterday with conspiring to kidnap an elderly couple from Moira, New York, and transport them across the border to Canada.  The husband and wife were kidnapped on September 27, and safely rescued two days later in Canada.  

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent Keith M. Corlett.

Brown appeared today before United States Magistrate Judge Gary L. Favro, and was ordered detained pending a detention hearing on October 6, 2020.

According to the complaint, on September 27, 2020, Brown and his co-conspirators forcibly entered the victims’ Franklin County home and kidnapped them.  The victims were driven to Snye, Quebec, where they were put in a boat, taken to mainland Canada, and then transported to Quebec’s eastern townships where they were held for several days.  While the victims were in Canada, Brown’s co-conspirators communicated ransom demands to one of the victims’ children.  Officers from the Surete du Quebec rescued the victims from a house in Magog, Quebec, on September 29, 2020.  Four of Brown’s alleged co-conspirators have been charged in Canada with crimes related to the kidnapping. 

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

Acting United States Attorney Antoinette T. Bacon stated: “According to the complaint, Brown and his co-conspirators put an elderly couple through a terrifying ordeal.  I would like to thank our law enforcement partners, including the FBI, New York State Police, Surete du Quebec, and Akwesasne Mohawk Police, for bringing them home safely.  We will continue to work together on both sides of the border to secure justice in this case and hold accountable all those involved in this horrific crime.”

FBI Special Agent in Charge Thomas F. Relford stated: “Mr. Brown’s alleged actions put an innocent couple in harm’s way during a truly terrifying situation. Through swift coordination with our law enforcement partners at NYS Police, Suerte du Quebec, and the Akwesasne Mohawk Police, we were able to bring the victims home safely and ensure justice will be served for those responsible for this despicable act.”

State Police Superintendent Keith M. Corlett stated: “I commend the work of our own members and our law enforcement partners for moving quickly to rescue the victims and track down those responsible for this disturbing crime. We will continue our close collaboration on this case, and we will not rest until all of those involved have been brought to justice.”

The charge filed against Brown carries a maximum sentence of life in prison, a fine of up to $250,000, and a 5-year term of supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI, New York State Police, Suerte du Quebec, Akwesasne Mohawk Police, Royal Canadian Mounted Police, Homeland Security Investigations, the Drug Enforcement Administration, and the Office of Franklin County District Attorney Craig Carriero. and is being prosecuted by Assistant U.S. Attorneys Douglas G. Collyer and Katherine Kopita.

ALBANY, NEW YORK – Alexander Yaksic, age 28, of Everett, Massachusetts, was sentenced today to serve 41 months in federal prison for participating in a conspiracy to distribute MDMA, also known by its street name ecstasy.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

United States District Judge Mae A. D’Agostino also sentenced Yaksic to serve a 3-year term of supervised release following his release from prison.

Yaksic pled guilty on October 22, 2019.  At that time, he admitted that he used the Internet’s “dark web” to import at least 30 kilograms of MDMA from overseas suppliers and then distributed that MDMA to customers throughout the United States.  “Dark web” generally refers to web sites not accessible through ordinary web browsers and search engines, and which individuals can access through an anonymizing browser, without having to provide their computer identifying information. 

This case was investigated by HSI, and prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Shira Hoffman.

ALBANY, NEW YORK – Jamol Franklin, age 48, of Albany, was indicted yesterday for possessing and intending to distribute more than 500 grams of cocaine. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; and Chief Sam Dotson, Amtrak Police Department.

According to the indictment and a previously filed criminal complaint, on July 5, 2020, Franklin transported over 500 grams of cocaine from New York City to Rensselaer, New York, with the intention of distributing that cocaine in the Capital Region. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Franklin faces at least 5 years and up to 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.

This case is being investigated by the DEA, New York State Police, and Amtrak Police Department, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

SYRACUSE, NEW YORK - Alan Longmore, age 68, of Fayetteville, New York, was sentenced today to serve 195 months (16 years and 3 months) in federal prison for receipt and possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).   

As part of his previous guilty plea, Longmore admitted he received images and videos of child pornography through a peer-to-peer file-sharing program.  A forensic review of his laptop computer revealed it contained numerous child pornography video files.  Longmore admitted to engaging in this conduct for several years. In addition to these video and image files, the defendant also admitted to secretly recording and subsequently possessing video files depicting two minors engaged in sexually explicit conduct. 

United States District Judge David N. Hurd also imposed a lifetime term of supervised release, which will start after Longmore is released from prison, and ordered Longmore to pay a $200 special assessment. As a result of his conviction, Longmore will be required to register as a sex offender upon his release from prison.

Longmore’s case was investigated by U.S. Homeland Security Investigations (HSI)-Syracuse Office, with assistance from the New York State Police Computer Crimes Unit, and the Town of Manlius Police Department.

The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown 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), 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.

WASHINGTON – The Department of Justice announced yesterday that it has awarded more than $295.8 million to improve public safety, serve victims of crime and support youth programs in American Indian and Alaska Native communities.

Attorney General William P. Barr stated yesterday: “American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation. The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”

The announcement included grants of more than $1.4 million to the Saint Regis Mohawk Tribe and $1.1 million to the Oneida Indian Nation, both situated within the Northern District of New York.  The grants will be used to support law enforcement and tribal justice practices, expand victim services, and sustain crime prevention and intervention efforts. 

Separately, the Office on Violence Against Women awarded the Saint Regis Mohawk Tribe $100,000 to help victims of domestic violence and decrease incidents of domestic violence during the COVID-19 pandemic.  The Three Sisters Program, a secure shelter that provides services to victims of abuse, domestic violence and sexual assault, will administer the award.

Acting United States Attorney Antoinette T. Bacon stated: “These grants help support important justice and police programs, maintain vital services to victims of crime, and help protect those most vulnerable from domestic violence, sexual assault and gender-based violence.  We look forward to continuing to work with our law enforcement partners in the Saint Regis Mohawk Tribe and the Oneida Indian Nation to promote public safety.”

Nationwide, more than $103 million was awarded under the Justice Department’s Coordinated Tribal Assistance Solicitation (CTAS) to enhance law enforcement and tribal justice practices, expand victim services, and sustain crime prevention and intervention efforts.  Of that amount, the Department’s Office of Justice Programs (OJP) awarded $41.5 million, the Office on Violence Against Women awarded $39.1 million, and the Office of Community Oriented Policing Services awarded $22.5 million. 

The Department also announced awards totaling $113 million to 133 applicants under the Tribal Victim Services Set-Aside Program.  This program is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.

In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women made additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.

A full listing of all the announced CTAS awards is available here.

A full listing of all Tribal Victim Services Set-Aside Program awards is available here.

For more information on the Office of Justice Programs, please visit: https://www.ojp.gov/. For more information on the Office on Violence Against Women, please visit: https://www.justice.gov/ovw. For more information on the COPS Office, please visit: https://cops.usdoj.gov/. 

 

ALBANY, NEW YORK – Mihale Leventis, a/k/a “Rookie,” a/k/a “Big Mike,” age 44, of Montreal, Quebec, pled guilty yesterday to conspiring to import marijuana into the United States.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Leventis admitted that from 2007 to 2009, he worked with a drug trafficking organization operating in Quebec, the Northern District of New York, and elsewhere to smuggle large quantities of marijuana from Canada into the United States for distribution to the organization’s customers. Leventis admitted that he coordinated the movement of marijuana from the organization’s suppliers in Canada to the U.S.-Canadian border so that it could be smuggled into the United States, and that he kept track of the organization’s proceeds.

Leventis’s guilty plea follows his extradition from Canada. 

United States District Judge Mae A. D’Agostino will sentence Leventis on December 17, 2020.  He faces up to 20 years in prison, and a fine up to $1 million.  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 DEA and is being prosecuted by Assistant U.S. Attorney Katherine Kopita.  Leventis was extradited to the United States with assistance from the Department of Justice’s Office of International Affairs.

 

SYRACUSE, NEW YORK - Rian Patterson, age 23, a former U.S. Army solider previously stationed at Fort Drum, New York, was sentenced today to serve 30 months in federal prison for the burglaries of two federally licensed firearms dealers in Northern New York, announced Acting United States Attorney Antoinette T. Bacon 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 previous guilty plea, Patterson admitted to stealing five (5) long guns during the burglary of a licensed federal firearms dealer in Gouverneur, New York, on September 14, 2019, and to the burglary of a second licensed federal firearms dealer in De Kalb Junction, New York, on September 29, 2019, during which five (5) handguns were stolen. All stolen firearms were recovered during the investigation of these crimes. Patterson also admitted to knowingly possessing stolen firearms taken during those burglaries in his barracks at Fort Drum, including one firearm with an obliterated serial number.

In addition to his term of imprisonment, the court also sentenced Patterson to three (3) years of post-imprisonment supervised release and ordered him to pay a restitution to the victims.

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S Army Criminal Investigation Division (ARMY CID), the St. Lawrence County Sheriff’s Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

This case was brought pursuant to 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 – Recep Sandikci, age 46, of North Plainfield, New Jersey, pled guilty on Friday to traveling to New York to have sex with a child, and sending that child sexually explicit photos over the internet.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Sandikci admitted to driving from New Jersey to New York on August 6, 2019, in order to meet and have sex with a 13-year-old Albany-area girl. During communications between the defendant and the girl over a cellphone application in the days leading up to the arrest, the defendant sent the girl sexually explicit images. Sandikci was arrested by the FBI shortly after his arrival in New York, and prior to meeting the girl.

United States District Judge Mae D. Agostino will sentence Sandikci on January 25, 2021.  He faces up to 30 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 FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

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 – Daniel M. Passero, Jr., age 35, formerly of Herkimer County, New York, was sentenced today in federal court in Binghamton to serve 20 years in prison for receiving and possessing child pornography.

The sentence was announced by Acting United States Attorney Antoinette T. Bacon, by Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

During Passero’s July 2019 jury trial, the evidence demonstrated that Passero downloaded hundreds of sexually explicit images of children and saved them to a memory card that was later found in a smartphone recovered at Passero’s home. At the time of the offense, Passero was on parole for a prior sex offense against a child, as a result of which he has been designated a Level 3 sexually violent offender by the New York State Division of Criminal Justice Services, Sex Offender Registry.

At sentencing, Senior United States District Judge Thomas J. McAvoy found that Passero had engaged in a pattern of sexual exploitation of children, in that Passero had sexually abused at least two minor children. In addition to the 20-year prison term, Judge McAvoy imposed a 20-year term of supervised release, which will start after Passero is released from prison. Judge McAvoy also ordered Passero to pay $3,000 in restitution to each of four individual victims.

This case was investigated by Homeland Security Investigations (HSI), the New York State Department of Corrections and Community Supervision, and the New York State Police, with assistance from the Gloversville Police Department, Federal Bureau of Investigation (FBI), Burlington Police Department, and Iowa Division of Criminal Investigations. 

This case was prosecuted by Assistant U.S. Attorneys Michael F. Perry and Kristen Grabowski, 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 - Anthony Hopper, age 33, of Syracuse, was sentenced today to serve 385 months (32 years and one month) in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Syracuse Police Chief Kenton Buckner.  Senior United States District Judge Frederick J. Scullin, Jr., also ordered Hopper to serve a five (5) year term of supervised release following his term of incarceration.

Hopper was convicted in October 2019, following an eight-day trial.  The RICO conviction included a finding by the trial jury that that Hopper was guilty of a murder.  In imposing sentence today, the Court also found, by a preponderance of the evidence, that Hopper was responsible for a second murder. The other 13 men charged in the same indictment with Hopper have all pled guilty. Six have been sentenced to date.  

During the trial, jurors heard testimony from members of the 110 Gang and others about the gang’s robberies, drug trafficking, and illegal possession of firearms.  They also heard from witnesses who described how the 110 Gang retaliated against other Syracuse gangs for shootings and murders.

“Anthony Hopper led the 110 Gang through murders, shootings, robberies, assaults, intimidation, and drug dealing,” said Acting U.S. Attorney Antoinette T. Bacon. “Thanks to hundreds of hours of work by state, federal, and local law enforcement officers, Hopper has now been held accountable for his brutal actions and removed from the streets of Syracuse. Our resolve to make our community safe will never waver, and we will not rest until we finish our work”

"Anthony Hopper was a dangerously evil leader of the violent 110 Gang that wreaked havoc on Syracuse communities, causing residents to live in fear for far too long," said Thomas F. Relford, Special Agent in Charge of the Federal Bureau of Investigation's (FBI) Albany Field Office. "Today's sentence is indicative of the success that can be attained when federal, state, and local law enforcement agencies combine resources to remove violent organizations that threaten the safety and stability of our neighborhoods."

Syracuse Police Chief Kenton Buckner said, "The city of Syracuse and the Syracuse Police Department are appreciative of our relationship with the FBI. The sentencing in this case highlights the tireless efforts of law enforcement and federal prosecutors to apprehend individuals responsible for gang activity in our community. We will continue to do everything within our power to protect the citizens living in our city."

Previously sentenced 110 Gang RICO defendants:

• Damani Prince was sentenced to 78 months in prison; 3-year term of supervised release
• Rashawn Wynn was sentenced to 92 months in prison; 3-year term of supervised release
• Davon Sullivan was sentenced to 68 months in prison; 3-year term of supervised release
• Qualik Vaughn was sentenced to 68 months in prison; 3-year term of supervised release
• Jason Lebron was sentenced to 92 months in prison; 3-year term of supervised release
• Javon Peterson was sentenced to 98 months in prison, 3-year term of supervised release. 

 

This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski

This case was brought as 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 – Javon Peterson, age 39, of Syracuse, was sentenced today to serve 98 months in federal prison based on his previous guilty plea for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Chief Kenton Buckner, City of Syracuse Police Department.

In imposing sentence, United States District Judge Frederick J. Scullin, Jr. also ordered Peterson to serve three years of supervised release following his term of imprisonment.  As part of his guilty plea in the case, Peterson admitted that he was a member of the 110 Gang operating in the city of Syracuse.  Peterson further admitted that he repeatedly distributed crack cocaine in 110 Gang territory.  During sentencing today, the Court found that 110 Gang members regularly possessed and used firearms to facilitate their drug trafficking, that the defendant was aware of such use, and that he personally possessed a firearm in connection with the offense.

Peterson was one of 14 defendants charged in the case for violating RICO based on their membership in the 110 Gang.  The other 13 men have all pled guilty or been convicted at trial.  Five of the co-defendants were previously sentenced:

• Damani Prince was sentenced to 78 months in prison; 3 year term of supervised release
• Rashawn Wynn was sentenced to 92 months in prison; 3 year term of supervised release
• Davon Sullivan was sentenced to 68 months in prison; 3 year term of supervised release
• Qualik Vaughn was sentenced to 68 months in prison; 3 year term of supervised release
• Jason Lebron was sentenced to 92 months in prison, 3 year term of supervised release 

 

The remaining defendants in the case await sentencing.

This case was investigated by the Federal Bureau of Investigation (FBI),  the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.

This case was brought as 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 – Theodore Fowler, age 33, of Syracuse, was sentenced today to serve 75 months in federal prison for his conviction for participating in a cocaine trafficking conspiracy, announced Acting United States Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), New York State Police Superintendent Keith Corlett, Sheriff Eugene Conway, Onondaga County Sheriff’s Office, and William J. Fitzpatrick, Onondaga County District Attorney.  The defendant was also ordered to serve a three-year term of supervised release following his release from prison, and to forfeit $12,000 in proceeds from his drug trafficking activity. 

Fowler was charged along with fourteen others in December 2018 for his role in the drug trafficking operation.  All of the charged defendants pled guilty, and Fowler was the last to be sentenced.  The other defendants were:

• Daitwaun Fair, 33, of Syracuse, sentenced to 102 months incarceration;
• Robert Payne, 39, of Ithaca, sentenced to 60 months incarceration;
• Margaret Bowman, 52, of Syracuse, sentenced to 15 months incarceration;
• Troy Jackson, 43, of Syracuse, sentenced to 46 months incarceration;
• Brian McAlpine, 31, of Syracuse, sentenced to 37 months incarceration;
• James Zupan, 60, of Syracuse, sentenced to 6 months incarceration;
• Marrell Edwards, 51, of Syracuse, sentenced to 48 months incarceration;
• Marcus Sales, 30, of Syracuse, sentenced to 6 months incarceration;
• Qualik Vaughn, 26, of Syracuse, sentenced to 66 months incarceration;
• Timothy Bowman, 33, of Syracuse, sentenced to 18 months incarceration
• Roosevelt Knight, 31, of Syracuse, sentenced to 33 months incarceration;
• Michael Starkey, 30, of Syracuse, sentenced to 61 months incarceration;
• Kenyatta Scott, 42, of Watertown, sentenced to 12 months incarceration;
• Rebecca Johnson, 42, of Watertown, sentenced to time served.

 

This case was investigated by the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the New York State Police, the Onondaga County Sheriff’s Office, and the Onondaga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

ALBANY, NEW YORK – Zaiqua Acosta, age 21, of Albany, pled guilty today to being a felon in unlawful possession of a firearm.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and 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).

As part of his plea, Acosta admitted that, on May 5, 2020, in Albany, he possessed a Smith & Wesson .40 caliber pistol, loaded with nine rounds of .40 caliber ammunition.  Law enforcement officers recovered the loaded pistol from Acosta’s front waistband on May 5.  Acosta has been in custody since June 26, 2020.  

Acosta is prohibited from possessing the firearm as a result of a May 6, 2016 conviction in Albany County Court for Criminal Possession of Stolen Property-Fourth Degree, a Class E Felony.

As a result of this conviction, Acosta faces up to 10 years in prison when he is sentenced by Senior United States District Judge Lawrence E. Kahn on January 21, 2021.  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 Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.

ALBANY, NEW YORK – Vivian Letizia, age 62, of Stone Ridge, New York, was arrested yesterday on a criminal complaint charging her with illegally dispensing controlled substances outside the course of professional practice and for no legitimate medical purpose. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Joshua Vinciguerra, Director of the New York State Department of Health, Bureau of Narcotic Enforcement (BNE).

A criminal complaint alleges that Letizia, a dentist, wrote prescriptions for oxycodone for four individuals and filled those prescriptions herself at pharmacies in Ulster County, and also ordered oxycodone to her dental practice, all exclusively for her own personal consumption.

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

Letizia appeared yesterday in Albany before United States Magistrate Judge Daniel J. Stewart, and was released with conditions.

If convicted, Letizia faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum $1 million fine.  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 DEA Albany District Office’s Tactical Diversion Squad, and the New York State BNE, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

Assistant U.S. Attorney Christopher Moran, of the U.S. Attorney’s Office, Civil Division, is assisting in the investigation.

ALBANY, NEW YORK – Thomas O’Bryan, age 38, of Kingston, New York, appeared in court today on a charge of distributing child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

On September 22, 2020, O’Bryan was charged by criminal complaint with distributing child pornography.  O’Bryan appeared today before United States Magistrate Judge Daniel J. Stewart and will remain detained until a detention hearing scheduled for September 25. The complaint alleges that, on or about the dates of March 19, 2020 and April 9, 2020, O’Bryan used the Kik phone messaging application to distribute child pornography. 

The charge in the complaint is merely an accusation.  The defendant is presumed innocent unless and until proven guilty.

If convicted, O’Bryan faces at least 5 and up to 20 years in prison, and a mandatory term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI and its Child Exploitation Task Force, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.

Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551. 

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 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/.

PLATTSBURGH, NEW YORK – Bradley W. Price, age 44, of Ausable, New York, Leah M. Cross, age 30, of Ausable Forks, New York, Carl J. Estes, age 35, of Keeseville, New York and Andrew J. Barber, age 28, of Plattsburgh, have been indicted for conspiring to manufacture methamphetamine and possessing pseudoephedrine with the intent to manufacture methamphetamine.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Clinton County District Attorney Andrew J. Wylie.

The indictment alleges that between July 8, 2020 and July 22, 2020, in Essex County, Price, Cross and Estes conspired to manufacture methamphetamine.  It also alleges that on August 19, 2020, in Clinton County, Price, Cross and Barber conspired to manufacture methamphetamine.  Each of the four is also charged with possessing and distributing pseudoephedrine knowing it would be used to manufacture methamphetamine. 

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

Price and Barber were arraigned on the indictment before United States Magistrate Judge Gary L. Favro on September 15, 2020, and were ordered detained pending trial.  Cross and Estes were arraigned on the indictment before Judge Favro on September 22, 2020, and were also ordered detained pending trial.

If convicted of the charges, each defendant faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum fine of $1 million.  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 DEA, with assistance from the Clinton County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Anildar Valdimir Roblero-Gomez, age 26, a citizen of Mexico who had been living in Ellisburg, New York, was sentenced today to serve 96 months in prison for uploading to Facebook a video depicting minors engaged in sexually explicit conduct.

The announcement was made by Acting United States Attorney Antoinette T. Bacon, New York State Police Superintendent Keith Corlett, and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Chief United States District Court Judge Glenn T. Suddaby also ordered Roblero-Gomez to serve a 15-year term of supervised release, which will begin after he is released from prison.  As a result of his conviction, Roblero-Gomez will be required to register as a sex offender following his prison sentence. He may also face immigration consequences as the result of his conviction and sentence.[1]    

In his previous plea of guilty, Roblero-Gomez admitted that in September 2018, he used a cellular telephone to upload a video depicting child pornography to the Facebook social media platform, sharing the video with over 100 other Facebook users. 

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations (HSI), and was prosecuted by Assistant United States Attorney Sahar L. Amandolare.

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 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/.

 

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[1] Deportation, removal, and other matters related to the defendant’s legal status in the United States are civil matters adjudicated in separate proceedings in Immigration Court.

ALBANY, NEW YORK –Randy Eignor, age 50, of Rotterdam, New York, pled guilty today to attempted online enticement of a minor.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Eignor admitted that he attempted to entice and coerce an individual, whom he believed to be a 12-year-old girl, to engage in sex.  After days of exchanging sexually explicit text messages with the person whom he believed to be a 12-year-old girl, Eignor arranged to meet her in Colonie, where Eignor was arrested by law enforcement on February 12, 2020. 

As a result of his conviction, Eignor 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.  Sentencing is scheduled for January 22, 2021 before United States District Judge Mae A. D’Agostino.   Eignor will also have 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 state and local law enforcement agencies, including the New York State Police, the Colonie Police Department, and the Rotterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

This case is being prosecuted 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 – Michael Mayhew, age 55, of Rome, New York, appeared today in federal court before United States Magistrate Judge Therese Wiley Dancks on charges that he sexually exploited a child.  The defendant was ordered detained without bail pending a hearing on September 24, 2020.The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

The criminal complaint alleges that in December 2018, Mayhew took several sexually explicit photographs of a 6-year-old child using his cellular telephone.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, the defendant faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, a maximum fine of $250,000, and a term of supervised release of between five years and life.  He will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case is being investigated by the Federal Bureau of Investigation (FBI), Oneida County Sherriff’s Office, Rome Police Department, Oneida County District Attorney’s Office, New York State Police, United States Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown 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 – Aaron Vroman, age 30, of Watervliet, New York, was sentenced today to 180 months in prison for sexually exploiting a child.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

In pleading guilty, Vroman admitted that, on at least four occasions, he secretly video-recorded a minor using the bathroom for the purposes of obtaining sexually explicit images of the victim’s genitals.  Vroman also admitted that he touched that same victim’s genital area over the victim’s underwear while the victim was sleeping and that he video-recorded that conduct.  Vroman also possessed images of child pornography on his laptop computer that did not involve the victim and that he obtained via the internet, including videos depicting the sexual abuse and exploitation of pre-pubescent girls. 

Senior United States District Judge Norman A. Mordue also imposed a 25-year term of supervised release, which will start after Vroman is released from prison. As a result of his conviction, Vroman will be required to register as a sex offender upon his release from prison.

Vroman’s case was investigated by HSI, with assistance from the New York State Police and the Colonie Police Department.  This case was prosecuted by Assistant U.S. Attorneys Geoffrey J. L. Brown and Michael D. Gadarian.

This case was prosecuted 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 – Corey Baker, age 25, of Clintondale, New York, was sentenced yesterday to 100 months in prison for distributing child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Baker pled guilty on January 15, 2020.  As part of his guilty plea, Baker admitted that, between June 2017 and August 2018, he used a cell phone and laptop, equipped with various Internet-based instant messaging and file-sharing applications, to trade child pornography with others.  He also admitted to using a peer-to-peer file-sharing application on the laptop to search for and download child pornography.  Baker’s phone and laptop computer contained approximately 671 video files and 115 image files depicting the sexual exploitation of children.

Senior United States District Judge Thomas J. McAvoy also sentenced Baker to a 15-year term of supervised release, to begin following his term of imprisonment, and ordered him to pay $6,000 in restitution to the victims depicted in the materials he possessed.  Baker will also be required to register as a sex offender upon his release from prison

This case was investigated by the FBI, with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

This case was 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 locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Jean R. Lavanture, a/k/a Rudy Lavanture, age 47, of Saugerties, New York, was arrested today on a bank fraud complaint alleging that he fraudulently obtained nearly $5 million in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic. FBI agents arrested Lavanture this morning at a 8.54-acre New Jersey estate that he is alleged to have bought with the fraudulently obtained funds.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation; and Kevin Kupperbusch, Special Agent in Charge of the Eastern Region of the Office of Inspector General for the Small Business Administration (SBA-OIG).

Acting United States Attorney Antoinette T. Bacon stated: “According to the complaint, Jean Lavanture stole millions of dollars from important government programs created to help struggling communities during the pandemic.  We are on the lookout for fraud, and we will use all available tools to prosecute those who lie, cheat, and steal from programs that America’s businesses and their employees so desperately need.” Coronavirus Fraud Coordinator Joshua R. Rosenthal added, “The U.S. Attorney’s Office and our law enforcement partners will continue to aggressively pursue fraudsters seeking to illegally exploit the ongoing coronavirus emergency.”

FBI Special Agent in Charge Thomas F. Relford stated: “The allegations against Mr. Lavanture are appalling. Small businesses have suffered devastating losses during the coronavirus pandemic and the FBI will not tolerate anyone who steals the funding designed to be a lifeline for those businesses. The FBI, along with our federal partners, will remain vigilant in making sure programs like the PPP are used as intended.”

A criminal complaint alleges that between June 16, 2020 and July 22, 2020, Lavanture received approximately $4,906,281 in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), which were issued by two banks and the SBA to five Saugerties-based companies he controlled.  In the loan applications, Lavanture falsely represented that each company had employees, substantial revenues, and a payroll, and he submitted fraudulent tax documents in support of his lies.  In fact, according to the complaint, none of these companies has ever reported employees to the New York State Department of Labor, nor reported income to the IRS for 2017 through 2019. 

The complaint also alleges that Lavanture has improperly used loaned funds to make property purchases and pay personal expenses, further demonstrating his fraudulent intent.  Lavanture has withdrawn approximately $439,503.25 of the loaned funds in cash, and drew on loaned funds when he purchased a motel in Rockaway Beach, Missouri, and transferred $952,000 in connection with the purchase of a 8.54-acre estate in Byram Township, New Jersey, that includes an 18-room Tuscan-style mansion.

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

IRS-CI Special Agent in Charge Jonathan D. Larsen stated: “This case is an example of greed and selfishness during a time when our country is united in crisis. IRS-CI and our law enforcement partners are committed to identifying individuals like Mr. Lavanture, who would deprive struggling small businesses from much-needed economic relief for their own gain, and then quickly taking action to bring them to justice.”

SBA-OIG Special Agent in Charge Kevin Kupperbusch stated: “Greed has no place in SBA’s programs that are intended to provide assistance to the nation’s small businesses struggling with the pandemic challenges. Our Office will remain relentless in the pursuit of fraudsters who seek to exploit SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”

Lavanture was scheduled to make an initial appearance later this afternoon before a United States Magistrate Judge in Newark, New Jersey.

If convicted of bank fraud, Lavanture faces up to 30 years in prison, up to 5 years of post-imprisonment supervised release, and a maximum fine of the greater of $1 million or twice his gross pecuniary gain or his victims’ gross pecuniary loss.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020 and designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects of the COVID-19 pandemic.  The CARES Act authorized forgivable loans to small businesses for job/employee retention and certain other expenses, through the PPP.  PPP loan proceeds must be used by the borrowing business only on certain, permissible expenses – specifically, payroll costs, interest on mortgages, rent, and utilities.  PPP loans are issued by banks and guaranteed by the SBA.

The CARES Act also authorized EIDLs to be granted to small businesses and non-profit organizations experiencing substantial financial disruption due to the COVID-19 pandemic.  These low-interest loans are designed to provide temporary relief to organizations suffering a temporary loss of revenue.  EIDLs are to be used to cover an array of expenses, such as rent, utilities, and fixed debt payments.  The SBA pays EIDLs directly.

This case is being investigated by the FBI, IRS-Criminal Investigation, and SBA-OIG, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

 

SYRACUSE, NEW YORK – Five men arrested in Syracuse yesterday are alleged to be members of a conspiracy to traffic in cocaine and heroin operating between Puerto Rico, New York City, and Syracuse, announced Acting U.S. Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, and Chief Kenton Buckner, City of Syracuse Police Department.  Yesterday’s takedown follows a series of previous arrests by the multi-agency investigation that now includes 15 defendants.

The five men arrested yesterday appeared today in court on federal criminal complaints alleging a conspiracy to distribute and possess with intent to distribute cocaine and heroin, which operated from May 2020 to September 16, 2020.  Thirteen of the defendants are residents of Onondaga County, one defendant is a resident of the Bronx, New York, and one defendant is a resident of Puerto Rico.

As part of this investigation, law enforcement seized approximately 4.5 kilograms of cocaine, 1,140 bags of heroin (approximately 44 grams), $75,000, a ghost gun, and three handguns – a  Taurus PT 809 9mm handgun, a Ruger revolver, a Highpoint .40 caliber, and the lower part of a Glock pistol.

“These arrests confirm that even during this unprecedented global pandemic, federal, state, and local law enforcement agencies are working together to protect our communities from drug trafficking.  Our commitment will never waver,” said Antoinette T. Bacon, Acting United States Attorney.

“A major drug pipeline from Puerto Rico to Syracuse has been dismantled as a result of this homegrown investigation,” said DEA Special Agent in Charge Ray Donovan. “Not only did we identify this drug network’s operations, we targeted the local dealers, taking guns and drugs off the streets of Syracuse. I applaud our law enforcement partners for their hard work and determination in keeping our cities safe.”

“The Syracuse Police Department is pleased to report a major drug operation has been removed from our city.  We accomplished the mission by coordination with our federal partners at the US Attorney's Office and the DEA.  We will continue these collaborations in our efforts to pursue individuals responsible for drug trafficking and gang violence in our city.  It is our sincere hope this progress will improve the quality of life in some of our challenged communities,” said Syracuse Police Chief Kenton Buckner.

The charges resulting from the arrests are summarized below.

June/July Arrests

In June and July 2020, DEA and Syracuse Police arrested three (3) defendants alleged in federal criminal complaints to be members of a conspiracy to possess with intent to distribute and distribute heroin and cocaine.

On June 24, 2020, Jikeya McBride, 31, of Syracuse, NY was arrested and charged with distribution and possession with intent to distribute cocaine and heroin. If convicted, McBride faces up to 20 years in prison, a fine of up to $1,000,000 and a term of supervised release of at least three years and up to life.

On June 24, 2020, Aaron Acevedo, 27, of Syracuse, NY was arrested and charged with distribution and possession with intent to distribute cocaine and heroin, following the execution of a federal search warrant at his Syracuse, New York residence. If convicted, Acevedo faces up to 20 years in prison, a fine of up to $1,000,000 and a term of supervised release of at least three years and up to life.   

On July 13, 2020, Claudio Acevedo-Maquita, 55, of the Bronx, NY was arrested and charged with possession with intent to distribute heroin following a traffic stop where forty-four (44) “bricks” of heroin (each “brick” consists of 50 individual bags of heroin) were seized in the vehicle. Acevedo-Maquita was allegedly travelling from New York City to Syracuse, New York, to deliver the heroin to co-conspirator Samuel Matos.  If convicted, Acevedo-Maquita faces up to 20 years in prison, a fine of up to $1,000,000 and a term of supervised release of at least three years and up to life.

August 19, 2020 Arrests

On August 19, 2020, the following defendants were arrested and charged in federal criminal complaints alleging conspiracy to distribute and possess with intent to distribute heroin and cocaine: 

            Luis Mendez, 37, Syracuse, NY

            Samuel Matos, 27, Syracuse, NY

            Hector Santiago, 31, Syracuse, NY

            Helbert Calo-Birriel, 31, Syracuse, NY

            John Resto, 25, Syracuse, NY

            Luis Resto, 25, Syracuse, NY

            Jose Medina, 34, Syracuse, NY

If convicted, these defendants face between 5 years and life in prison, a fine of up to $5,000,000, and a term of supervised release of at least four years and up to life.

September 16, 2020 Arrests

On September 16, 2020, the following defendants were arrested and charged in federal criminal complaints alleging conspiracy to distribute and possess with intent to distribute heroin and cocaine:

            Omar Fuentes, 24, Syracuse, NY

            Jobany Tirado, 37, Syracuse, NY 

            Rahfet Shehadeh, 27, Syracuse, NY

            Angel Negron-Collazo, 24, Syracuse, NY

If convicted, these defendants face between 10 years and life in prison, a fine of up to $10,000,000, and a supervised release term of at least 5 years and up to life.

Omar Fuentes is also alleged to have possessed a pistol in furtherance of a drug trafficking crime at the time of his arrest.  If convicted of this count, Fuentes faces a mandatory consecutive term of 5 years in prison for the firearm count.

On September 16, 2020, Joel Franco-Ortiz, 34, of Puerto Rico, was arrested during a traffic stop and charged with possession with intent to distribute cocaine and heroin, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, he faces up to 20 years in prison, a fine of up to $1,000,000 and terms of supervised release of at least three years and up to life for the drug-related counts, and a mandatory consecutive term of 5 years in prison for the firearm count.

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

The charges in the criminal complaints are merely accusations and all defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the United States Drug Enforcement Administration (DEA), the Syracuse Police Department, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Investigators from the Onondaga County District Attorney’s Office, the United States Postal Inspection Service, the New York State Police, and the Onondaga County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.

ALBANY, NEW YORK – Matthew R. Osuba, age 35, of Saugerties, New York, was sentenced yesterday to 840 months in prison for sexually exploiting a child, and distributing and possessing child pornography. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

During Osuba’s August 2019 jury trial, evidence demonstrated that Osuba created and appeared in a video depicting sexually explicit conduct with a sleeping child.  He was also convicted of sending pornographic images of children over the internet, and possessing additional child pornography on his cell phone.     

At sentencing, Senior United States District Judge Thomas J. McAvoy found that Osuba had engaged in a pattern of sexual exploitation of children. Judge McAvoy found by a preponderance of the evidence that Osuba had sexually abused two additional children, each under the age of 5. 

Judge McAvoy stated that Osuba’s 70-year term of imprisonment – the maximum permitted by law – was necessary to protect children and the public, because Osuba posed a significant risk of committing future child pornography offenses and “hands-on” child sexual abuse.  Judge McAvoy also imposed a 25-year term of supervised release to follow Osuba’s term of imprisonment, and ordered him to pay $3,000 in restitution to one of his victims. 

This case was investigated by the FBI and its Child Exploitation Task Force, which includes investigators from the New York State Police, Town of Colonie Police Department, and Warren County Sheriff’s Department.  The case was prosecuted by Assistant U.S. Attorneys Katherine Kopita and Shira Hoffman.  

This case was 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 locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBANY, NEW YORK – Scott McMahon, age 52, of Queensbury, New York, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose, and to misusing personal information in the course of fraudulently obtaining controlled substances from pharmacies.  McMahon also agreed to pay $43,225.24 to settle civil penalty claims arising from his improper prescribing of ketamine and failure to keep proper records of ketamine treatment.                                                                                                             

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.

In 2019, McMahon had a medical practice in Clifton Park, New York, having previously maintained offices in Albany and other locations in the Capital Region. He specialized in psychiatry and addiction treatment.

In pleading guilty, McMahon admitted that from at least December 2018 through August 2019, he provided certain patients with prescriptions for the Schedule II controlled substance methylphenidate – the generic of Ritalin – with the intent of having them kick back a portion of each prescription to him for his own personal use.  As part of the scheme, McMahon obtained the names and birthdates of the children of a patient. McMahon used that information to issue methylphenidate prescriptions in the children’s names, and fraudulently induced pharmacies in New York and Vermont to dispense controlled substances under the pretense that the medication was for the children. The patient picked up these prescriptions in his children’s names, and split the methylphenidate with McMahon.

In the civil case, McMahon admitted that he improperly prescribed ketamine intranasal spray to an individual who had no legitimate medical need for it.  A sampling of McMahon’s records showed that he failed to record the amount of ketamine injected for each patient on each treatment date, the name of each patient who was injected, and the person who injected the ketamine.  McMahon also failed to conduct an initial inventory when he began dispensing ketamine.  The civil penalty is based, in part, on McMahon’s inability to pay a higher amount. 

McMahon is in custody.  Sentencing is scheduled for January 13, 2021 before Senior United States District Judge Thomas J. McAvoy.  On the aggravated identity theft conviction, McMahon must serve 2 years in prison.  On the drug conviction, he faces up to an additional 20 years in prison, and will also be ordered to serve 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.

McMahon’s plea agreement requires that he surrender his New York State medical license, and forfeit $6,774.76 seized by the Government as part of the criminal case.

The criminal case was investigated the DEA Albany District Office’s Tactical Diversion Squad and its Capital District Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett. 

The DEA Tactical Diversion Squad also investigated the civil case, in which Assistant U.S. Attorney Christopher R. Moran represented the United States.

Also assisting in the investigations were the New York State Police, the New York State Bureau of Narcotic Enforcement, and the DEA Resident Office in Burlington, Vermont.

ALBANY, NEW YORK – Kenneth J. Monahan, age 45, of Menands, New York, was sentenced on Monday to serve 96 months in prison for distributing, receiving and possessing child pornography. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Monahan admitted to using peer-to-peer software to distribute numerous images of child pornography in February and April 2018.  He also admitted to downloading child pornography from the Internet from 2017 through April 2018 and to possessing over 1,300 images of child pornography in May 2018.  

Senior United States Judge Thomas J. McAvoy also imposed a 20-year term of supervised release, which will start after Monahan is released from prison, ordered a $400 special assessment, and ordered restitution in the total amount of $19,500 to be divided among certain child victims depicted in the images and videos that Monahan distributed, received and possessed. As a result of his conviction, Monahan will be required to register as a sex offender.  

This case was investigated by the FBI with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Alicia G. Suarez. 

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

SYRACUSE, NEW YORK – Kevin Ronny Williams, age 23, of Brooklyn, New York, pled guilty today to one count of possession with the intent to unlawfully use a United States Postal Service key, and one count of theft of mail, announced Acting United States Attorney Antoinette T. Bacon, Joseph W. Cronin, Postal Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division, and Matthew Modafferi, Special Agent in Charge of the United States Postal Service-Office of Inspector General, Northeast Area Office.

As part of his guilty plea today, Williams admitted that during the night of March 5, 2020, into the early morning hours of March 6, 2020, he used a United States Postal Service (USPS) key that he obtained from a USPS employee to unlawfully open mail collection boxes in Liverpool, New York. Williams wore a USPS letter carrier uniform jacket and carried USPS mail satchel that he also obtained from a USPS employee. Williams stole mail contained in the collection boxes, including 49 pieces of first-class mail, all of which was later recovered. Kenny Ronny Williams was arrested by an Onondaga County Sheriff’s Deputy on patrol who noticed his (Williams') car in a vacant parking lot in Clay, New York. After a short vehicular and foot chase, Williams was taken into custody, and the USPS uniform jacket, postal key, mail satchel, and stolen mail were recovered.

Sentencing is scheduled for January 20, 2021. The charge of possession with the intent to unlawfully use a United States Postal Service key carries a maximum sentence of 10 years in prison and the charge of theft of mail carries a maximum sentence of 5 years in prison.  Both offenses carry a fine of up to $250,000, and a term of supervised release of 3 years following any sentence of imprisonment.  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.

Former USPS employee Quayshaun Mitchell is also charged by criminal complaint in connection with these offenses. His case remains pending and he is presumed innocent unless and until found guilty.

This case is being investigated by the United States Postal Inspection Service (USPIS) and the United States Postal Service-Office of Inspector General (USPS-OIG), and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Douglas Fountain, age 31, of Colonie, New York, was sentenced yesterday to a total of 80 years in prison for 11 felony convictions, including sexually exploiting a child, transporting child pornography, and possessing child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). 

As part of his guilty plea on August 15, 2019, Fountain admitted that on eight occasions between July 2017 and July 2018, he used cell phones to create videos and images of a minor engaging in sexually explicit conduct, some of which included Fountain engaging in sexual acts with the minor.  Fountain also admitted to sharing some of those images on an image-sharing website operated from another country, and to possessing images of child pornography on his laptop computers, including images depicting the sexual abuse and exploitation of pre-pubescent girls.

This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Alicia G. Suarez.

This case was prosecuted 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), 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 – Jessica Pascale, age 35, of Troy, New York, was sentenced yesterday to one-year of probation for defrauding the Social Security Administration (SSA) by diverting and stealing the benefit payments of two individuals with disabilities while she was employed as a Social Security claims representative.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

As part of her earlier guilty plea, Pascale admitted that in July and September 2019, she used the SSA computer system to divert two separate Supplemental Security Income (SSI) benefit payments intended for two SSI beneficiaries with disabilities into her personal bank account.  Neither of the beneficiaries were aware of the thefts, which were discovered through internal controls at SSA.   Pascale pled guilty to four felony charges: two charges of theft of government property and two charges of fraud in connection with identification information.

The court also ordered Pascale to pay full restitution to SSA, as well as a fine of $1,000.

This case was investigated by the SSA Office of the Inspector General and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK – Daniel J. Trammell, 58, of Syracuse, New York, pled guilty yesterday to assaulting a United States Postal Service employee, announced Acting United States Attorney Antoinette T. Bacon and Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.

As part of his guilty plea, Trammell admitted that on April 21, 2020, in Syracuse, he assaulted a U.S. Postal Service letter carrier who was delivering mail, causing a wound to the victim’s neck.  Trammell faces up to 8 years in prison, a maximum fine of up to $250,000, and up to 3 years of post-imprisonment supervised release when he is sentenced by United States District Judge David N. Hurd on January 13, 2021. 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 U.S. Postal Inspection Service and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

SYRACUSE, NEW YORK – Christopher Hoyt, age 34, of Pulaski, New York, pled guilty yesterday to one count each of transportation of child pornography, distribution of child pornography, receipt of child pornography, and possession of child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI) and New York State Police Superintendent Keith Corlett.

As part of his guilty plea, Hoyt admitted that he uploaded an image of child pornography to the social media platform Tumblr, making it available for others to view.  He also admitted using the social media platform Wickr Me to chat with another user from whom he received images and videos of child pornography, and to whom he distributed a link allowing the user to access a collection of over 1,900 images and 122 videos of child pornography.  Additionally, Hoyt admitted that at the time law enforcement officers recovered his cellular telephone, he possessed on it 1,445 images and 32 videos depicting child pornography.  

Sentencing is scheduled for January 5, 2021, before Hon. Thomas J. McAvoy in Binghamton, New York, at which time Hoyt faces a minimum sentence of 5 years, with a maximum of up to 20 years in prison on each count, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  Hoyt will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.

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

 

ALBANY, NEW YORK – The U.S. Attorney’s Office has received reports that individuals claiming to represent the Department of Justice are calling members of the public as part of an imposter scam.  The office strongly encourages the public to remain vigilant and not to provide personal information during these calls, which appear to target the elderly.  The office also encourages family members to alert their elderly relatives about this scam.

The scammers falsely represent themselves as Department of Justice investigators or employees and attempt to obtain personal information from the call recipient, or they leave a voicemail with a return phone number.  The return phone number directs users to a recorded menu that matches the recorded menu for the department’s main phone number.  Eventually, the user reaches an “operator” who steers the user to someone claiming to be an investigator.  That “investigator” then attempts to gain the user’s personal information.

“These scammers are preying on the elderly by exploiting their trust in the Department of Justice and the United States Government.  The U.S. Attorney’s Office is dedicated to fighting elder fraud.  We will investigate and prosecute phone scams and other schemes targeting the elderly to the fullest extent of our capabilities,” said Acting U.S. Attorney Antoinette T. Bacon.  Elder Justice Coordinator Shira Hoffman added, “Phone scams are pervasive and increasingly sophisticated.  The best way to protect yourself is not to share personal or financial information in response to unsolicited phone calls.”   

Those who receive these calls are encouraged to report them to the FTC via their website or by calling 877–FTC–HELP (877-382-4357). Fraud can also be reported to the FBI for law enforcement action at https://www.justice.gov/criminal-fraud/report-fraud.

The Office of Justice Programs’ Office for Victims of Crime also runs a National Elder Fraud Hotline, for people to report fraud against anyone age 60 or older.  Reporting certain financial losses due to fraud as soon as possible, and within the first two to three days, can increase the likelihood of recovering losses.  The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.

SYRACUSE, NEW YORK --Dennis J. Nelson, age 49, a New York State prisoner incarcerated at the Mohawk Correctional Facility in Oneida County, New York, was indicted on Wednesday for mailing letters from state prison facilities, in which he threatened to bomb and murder Senior United States District Judge Thomas J. McAvoy, United States Representative Anthony Brindisi, and United States Senator Charles Schumer.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The indictment charges that Nelson mailed a threat letter to Judge McAvoy’s chambers in Binghamton, New York, on August 1, 2018, when Nelson was then incarcerated in the Great Meadow Correctional Facility, in Washington County, and that Nelson thereafter, on July 15, 2019, mailed additional threat letters to the Utica office of Representative Brindisi and to the Syracuse office of Senator Schumer while Nelson was incarcerated at the Mohawk Correctional Facility. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charges filed against Nelson each carry a maximum sentence of 10 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.

The defendant will be arraigned before a United States Magistrate Judge at a date and time to be determined, and will be transferred to federal custody at that time.  

This case is being investigated by the FBI’s Joint Terrorism Task Force, and is being prosecuted by Assistant U.S. Attorney Carl G. Eurenius.