Northern District of New York

ALBANY, NEW YORK – Mauro Vasquez-Bautista, age 21, and a citizen of Mexico, was sentenced on Friday to time served (17 days in jail) for illegal re-entry into the United States.

 

The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Vasquez-Bautista, a citizen of Mexico, admitted that he was removed from the United States to Mexico on December 4, 2014.  On January 9, 2018, an ICE Officer arrested Vasquez-Bautista in the city of Albany.    

 

Vasquez-Bautista was remanded to the custody of the Department of Homeland Security for removal proceedings.     

 

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK - Michael J. Ward, age 54, of Gouverneur, New York, was sentenced today in federal court in Binghamton to serve a 3 year term of probation, perform 200 hours of community service, and pay a $1,000 fine, after previously pleading guilty to three felony counts of violating the Clean Water Act, announced United States Attorney Grant C. Jaquith, Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York, New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggios and Joseph Schneider, DEC Director of Law Enforcement.

In previously pleading guilty, Ward admitted that between January 2013 and September 2015, while employed as the Technical Director in charge of environmental compliance at the APC Paper Group paper mill in Norfolk, New York, he caused the paper mill to violate its Clean Water Act permit by discharging wastewater containing excessive levels of biochemical oxygen demand (“BOD”) into the Raquette River. BOD is the amount of dissolved oxygen necessary for microorganisms in the water to break down organic material. BOD levels also provide an index for measuring the effect discharged wastewater will have on the body of fresh water receiving it. In this case, the paper mill’s Clean Water Act permit restricted the amount of BOD that could be discharged through wastewater.

As part of his guilty plea, Ward admitted that he concealed and falsified data regarding the BOD levels in the mill’s wastewater discharges, thus allowing the mill to violate its Clean Water Act permit on a regular basis. Additionally, he repeatedly falsified monthly reports to the DEC to hide the continuing Clean Water Act violations. The defendant’s illegal conduct was discovered after APC Paper Group terminated his employment for unrelated reasons in the fall of 2015.

This case was investigated by the United States EPA-CID and the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and was prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Joshua Brackett, age 33, of Gansevoort, New York, was ordered detained on Monday following his January 19 arrest on charges of distributing and possessing child pornography.

 

The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

 

The complaint filed against Brackett alleges that he distributed and possessed child pornography on a homemade desktop computer that has peer-to-peer file-sharing software.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

 

If convicted on all charges, Brackett faces at least 5 years and up to 20 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  If convicted, Brackett would also have to register as a sex offender.

 

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

 

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 Attorneys’ 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 - Francisco Rivera, age 37, of Watervliet, New York, was sentenced today to 121 months in prison, to be followed by 8 years of supervised release, for conspiring to distribute cocaine.

 

The announcement was made by United States Attorney Grant C. Jaquith; Raymond Moss, Acting Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division; and Acting Albany Police Chief Robert Sears.

 

As part of his guilty plea on September 18, 2017, Rivera admitted that he arranged for someone in Puerto Rico to mail him kilogram and half-kilogram quantities of cocaine that were hidden within everyday items such as scented candles and board game boxes.  He arranged for cocaine shipments to be mailed to residential addresses in Albany, Rensselaer and Schenectady Counties, where he would pick them up and then deliver them to his customers.

 

United States District Judge Mae A. D’Agostino also ordered Rivera to forfeit $24,500 in cash drug proceeds seized from his Watervliet residence, as well as a 2011 BMW X-6 SUV that he used to transport the cocaine.

 

This case was investigated by the USPIS and Albany Police Department, with assistance from Homeland Security Investigations, U.S. Customs and Border Protection and the New York Department of Corrections and Community Supervision, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Kristina Gross, age 37, of Wynantskill, New York, pled guilty today to misusing the names of the Department of the Treasury and the Internal Revenue Service (IRS), a misdemeanor offense.

 

The announcement was made by United States Attorney Grant C. Jaquith and William A. Kalb, Special Agent in Charge of the Northeastern Field Division of the Office of the Treasury Inspector General for Tax Administration (TIGTA).

 

As part of her guilty plea, Gross admitted that she worked for a construction services company in Rensselaer County, whose bank account had been levied by the IRS on February 14, 2017.  On February 23, Gross twice emailed a bank employee what she claimed was an IRS release of levy form, in an unsuccessful attempt to induce the bank to provide her company with access to funds that the bank had frozen as a result of receiving the IRS levy. 

 

Gross admitted that the document she sent to the bank on February 23 was forged, inaccurate and not approved or authorized by the Department of the Treasury or the IRS.  She also knew that the document would create the false impression at the bank that the IRS had actually issued the document when, in fact, the IRS had not.

 

Gross faces up to a year in jail and a maximum $10,000 fine when she is sentenced on May 18, 2018 by United States Magistrate Judge Daniel J. Stewart.  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 TIGTA and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

 

ALBANY, NEW YORK – Bryan Fish, age 23, of Schenectady, New York, was sentenced today to 108 months in prison, to be followed by 3 years of supervised release, for making false declarations before a federal grand jury investigating an arson that killed four people in Schenectady.

 

The announcement was made by United States Attorney Grant C, Jaquith and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

 

In pleading guilty on May 31, 2017, Fish admitted that he lied under oath to a federal grand jury investigating the fire, which occurred on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, and caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.

 

Fish admitted that on May 24, 2013, he provided false testimony regarding his brother, whom Fish claimed: 1) drove him, Jennica Duell, and another man from Saratoga Springs to the vicinity of 438 Hulett Street in the early morning hours of May 2, 2013, 2) popped the trunk so that the other man could remove a gas can, and 3) later drove part of the way back to Saratoga Springs.

 

Fish is the fourth person to be sentenced for lying to the federal grand jury investigating the 438 Hulett Street fire.

 

• On March 17, 2016, Edward Leon, age 45, of St. Johnsville, New York, was sentenced to 10 years in prison following a jury trial.
• On September 12, 2016, Duell, age 29, of Schenectady, and the mother of the children who died, was sentenced to 11 years and 3 months in prison following a guilty plea.
• On May 31, 2017, Richard Ramsey, age 48, of Saratoga Springs, New York, was sentenced to 87 months in prison following a guilty plea.

United States Attorney Grant C. Jaquith said: “Bryan Fish, Jennica Duell, Edward Leon, and Richard Ramsey lied to a grand jury investigating one of the worst crimes in the Capital Region in recent memory. The sentences reflect the horror of the underlying crime and the defendants’ disregard for the law and the innocent lives lost.  We will not let lies stand in the way of securing justice for the victims and their families, and of bringing to justice the person or people responsible for this deadly arson.  We remain committed to continuing the investigation until justice is done.”

 

ATF Special Agent in Charge Ashan M. Benedict said: “The fire in Schenectady at 438 Hulett Street caused death and destruction that will affect families forever.  Fish and the other individuals sentenced for lying to a federal grand jury will not prevent us from determining who was responsible for this heinous crime.  The victims and their families will not be forgotten.  I would like to extend my gratitude to the United States Attorney’s Office for prosecuting the case. I would also like to thank the Special Agents of ATF, the Schenectady Police Department and the Schenectady Fire Department for working tirelessly on this investigation.”

 

This case resulted from an ongoing investigation being conducted by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case was prosecuted by United States Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.

 

The ATF notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information is encouraged to call ATF at 1-888-ATF-FIRE (1-888-283-3473), or email ATFTips@atf.gov, or contact ATF through its web site at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF through the “report it” app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com.

SYRACUSE, NEW YORK – Calvin Weaver, age 27, of Syracuse, pled guilty today to being a felon in possession of a firearm, possessing a firearm with a defaced serial number, and simple possession of cocaine.

 

The announcement was made by United States Attorney Grant C. Jaquith, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division, and Frank Fowler, Chief of the Syracuse Police Department.

 

Weaver pled guilty to all three charges following a decision by Chief U.S. District Judge Glenn T. Suddaby denying Weaver’s motion to suppress evidence found on the day of his initial arrest.  In particular, Judge Suddaby found that both the stop of Mr. Weaver and the subsequent frisk of his person, which revealed that Mr. Weaver was carrying both a gun and plastic bags of cocaine, were lawful and available for use as evidence against him had the case proceeded to trial. 

 

At sentencing on May 18, 2018, Weaver faces up to 10 years in prison on the charge of being a felon in possession of a firearm and up to 5 years in prison on the charge of possessing a firearm with an obliterated serial number. Mr. Weaver also faces a fine of up to $250,000 and a term of post-imprisonment supervised release of up to 3 years on those two charges. On the possession cocaine charge, the defendant faces a maximum term of imprisonment of 1 year, a term of post-imprisonment supervised release of up to 1 year, and a $100,000 fine.

 

This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.

ALBANY, NEW YORK – Leonel Antonio Rodriguez Ayala, age 29, and a citizen of Honduras, was sentenced today to time served (78 days in jail) for illegally re-entering the United States. 

 

The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Rodriguez Ayala admitted that he is a citizen of Honduras, and that he illegally returned to the United States after he was removed to Honduras on October 3, 2013.

 

On October 24, 2017, an ICE Officer arrested Rodriguez Ayala in Saratoga Springs, New York.

 

Following his sentencing, Rodriguez Ayala was remanded to the custody of the Department of Homeland Security, for removal proceedings.  

 

This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jared R. Hudson, age 39, formerly of Plattsburgh, New York, was sentenced today to 79 months in prison and 3 years of post-imprisonment supervised release for fraud and identity theft.

 

The announcement was made by United States Attorney Grant C. Jaquith; Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Plattsburgh Police Chief Kenneth R. Parkinson.

 

Hudson, who has also resided in Florida and Texas, pled guilty on August 2, 2017.  He admitted that he and Thomas J. Howe, age 38, of Plattsburgh, devised a scheme to defraud banks, merchants and individual consumers by purchasing information including credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information, and to using that information to electronically purchase goods, and to fraudulently transfer and attempt to transfer funds electronically, between October 2009 until at least December 13, 2014.

                                                                                                                                     

Initially, Hudson used stolen credit card numbers to order merchandise online and had the merchandise shipped to him.  He then used other people’s personal identification information to sign up for credit cards.  He then opened investment accounts in his name, which were funded with money taken from other people’s bank accounts using stolen account numbers, routing numbers, identification, and bank security information.  Hudson admitted that his victims suffered at least $510,544.49 in actual and intended losses.

 

Hudson has been detained on federal charges since June 24, 2016.  Senior United States District Judge Lawrence E. Kahn ordered the 79-month sentence to be served consecutively to the 18-year prison sentence Hudson is serving in Texas for possession/promotion of child pornography. 

 

Federal charges remain pending against Howe, who is presumed innocent unless and until proven guilty.

 

This case was investigated by the FBI and the Plattsburgh Police Department, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

 

ALBANY, NEW YORK – Jose Agustin Martinez, age 35, and a citizen of Mexico, was sentenced today to 24 months in prison for illegally re-entering the United States. 

 

The announcement was made by United States Attorney Grant C. Jaquith and Thomas R. Decker, Director of the New York Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Agustin Martinez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on May 18, 2016.  On February 14, 2017, ICE Officers encountered Agustin Martinez in the Ulster County Jail, where he was being held on a state charge of driving while intoxicated (DWI); he has since been convicted of that offense.

 

Agustin Martinez’s prior removal, on May 18, 2016, followed another felony DWI conviction in Ulster County Court.

 

This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Micaela Hernandez Reyes, age 32, and a citizen of Mexico, was sentenced today to time served (26 days in jail) for illegal re-entry into the United States. 

 

The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of her guilty plea, Hernandez Reyes admitted that she is a citizen of Mexico, and that she illegally returned to the United States after she was removed to Mexico on June 13, 2015.  Hernandez Reyes was also removed to Mexico on September 25, 2014, April 25, 2015, and June 9, 2015.

 

On December 14, 2017, ICE Officers arrested Hernandez Reyes in Saratoga Springs, New York.   

 

Following the sentencing, Hernandez Reyes was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jason M. VanBuren, age 42, of Cobleskill, New York, was ordered detained today following his January 5 arrest on charges of receiving and possessing child pornography.

 

The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

 

The complaint filed against VanBuren alleges that he received and possessed child pornography on a phone.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

 

At a detention hearing today, United States Magistrate Judge Daniel J. Stewart ordered VanBuren detained pending further proceedings.

 

If convicted on all charges, VanBuren faces at least 5 years and up to 20 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  If convicted, VanBuren would also have to register as a sex offender.

 

This case is being investigated by the FBI, the New York State Police, and the Cobleskill Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK - Kristin M. Kitchen, also known as Kristin M. Vargas, age 33, of Clifton Park, New York, pled guilty today to conspiring with others to sell stolen Social Security Numbers (SSNs) over the internet and to providing a false SSN on a loan application.

 

The announcement was made by United States Attorney Grant C. Jaquith; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of the Inspector General, New York Region; and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA) Office of the Inspector General, New York Field Office.

 

As part of her plea, Kitchen admitted to owning and operating a website in 2013 and 2014 through which she sold stolen SSNs.  Kitchen advertised these stolen SSNs as “credit profile numbers” and encouraged her customers to use these SSNs in place of their own on credit and loan applications, as a way for customers to avoid their own negative credit histories.  Kitchen further admitted to using one of these stolen SSNs herself on applications for a loan in 2014.

 

Kitchen faces up to 30 years in prison, up to 5 years of post-imprisonment supervised release and a maximum $250,000 fine when she is sentenced on May 14, 2018 by Senior United States District Judge Thomas J. McAvoy.  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 FDIC Office of the Inspector General and the SSA Office of the Inspector General, and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.

SYRACUSE, NEW YORK -Stacey J. LaPorte, Jr., age 27, of Massena, New York, was sentenced yesterday to 95 years in federal prison, following his convictions for sexually exploiting four children including two babies, and receiving pornography, announced United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Resident Agent in Charge Russell Linstad, Homeland Security Investigations, Massena, New York.

 

Following a June 2017 trial, a jury in United States District Court in Utica, New York, found LaPorte guilty of conspiring with Mackenzie Bailey, age 22, of Massena, to sexually exploit a child from the time the child was an infant until age two, and with using that child to produce sexually explicit images on two specific occasions.  He was also convicted of conspiring with Hillary Trimm, age 26, also of Massena, to sexually exploit another child, who had not yet turned one, and a twelve-year-old boy and his sixteen-year-old sister whom he coerced to have sexual contact so that he could create images.   Finally, he was convicted of receiving child pornography from another user via a computer-messaging program.

 

“There are few crimes as evil as the prolonged sexual abuse of infants.  LaPorte did that, produced sexually explicit images of the abuse, sexually exploited siblings, and received child pornography.  His sentence to imprisonment for 95 years should ensure that no other children are victimized by this perverse predator.  We will continue to work with federal, state, and local law enforcement agencies to hold child predators accountable for their abominable actions,” said United States Attorney Grant C. Jaquith. 

 

New York State Police Superintendent George P. Beach II said, “The State Police and our law enforcement partners have zero tolerance for those who prey on children, and this sentence reflects the severity of the crimes and our commitment to finding justice for the victims. We want to thank the agencies involved for their determination in holding this individual accountable for his reprehensible actions.”

 

"Investigations involving the sexual exploitation of innocent children are by far the most heinous crimes we encounter," said HSI Resident Agent in Charge Russell Linstad. "This significant sentencing ensures that Mr. Laporte will never again have access to children and should serve as a stark warning of the severe consequences that await those involved in these depraved acts."

 

Both Mackenzie Bailey and Hillary Trimm pled guilty to the crimes they committed with LaPorte, testified at his trial, and will each be sentenced later this month. 

 

In addition to the term of incarceration, if LaPorte is ever released from prison, he will be placed on supervised release for life, and will have to register as a sex offender. 

 

LaPorte’s case was investigated by the New York State Police, the Massena Police Department, and the Department of Homeland Security, Homeland Security Investigations, and prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher and Sahar L. Amandolare. 

 

This multi-agency approach is a hallmark of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 – Patricio Murillo Sandoval, age 40, of Newark, New Jersey, pled guilty yesterday to encouraging and inducing an alien to illegally enter the United States. 

 

The announcement was made by United States Attorney Grant C. Jaquith and Steve Bronson, Area Port Director, United States Customs and Border Protection (CBP).

 

As part of his guilty plea, Murillo Sandoval, a U.S. citizen, admitted that he attempted to enter the United States with Wendy Fletcher Alvarez, a citizen of Ecuador and Spain, on September 17, 2017 at the Niagara Falls Port of Entry, New York.  She was denied admission, and CBP officers explained to both Sandaval and Alvarez that she could not enter the United States without obtaining permission.  Murillo-Sandoval also admitted that on September 19, 2017, he dropped off Alvarez at a remote location so that she could walk across the border and avoid immigration inspection.  He planned to pick her up and take her to New Jersey, but when he attempted to enter the United States at the Mooers Port of Entry, he was referred for further inspection leading to the discovery that he planned to pick her up.    

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Murillo Sandoval on May 3, 2018.  He faces up to 5 years in prison and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute to defendant is charged with violating, the U.S. Sentencing guidelines and other factors. 

 

The smuggled alien, Fletcher Alvarez, age 40, of Ecuador, was sentenced on October 5, 2017 to 25 days in jail. 

 

This case was investigated by the CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Bobbi A. Constantine, formerly known as Robert Bove, age 48, of Albany, was sentenced today to 37 months in prison, and 3 years of supervised release, following her November 2017 guilty plea to wire fraud.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Acting Inspector in Charge Raymond Moss, U.S. Postal Inspection Service (USPIS), Boston Division.

 

United States District Judge Mae A. D’Agostino also ordered Constantine to pay restitution of $72,589.96 and forfeit $43,640.72.

 

From October 2014 through July 2016, Constantine, then known as Robert Bove, obtained mortgages and automobile lease financing from lenders under the false pretense that she was the beneficiary of a trust containing more than $12 million of the assets of a fictitious, deceased aunt.

 

Constantine used fictitious trust documents, which bore a forged notary seal, to dupe an attorney into generating a letter stating that that she was the beneficiary of a trust generating annual income of more than $50,000.  Constantine also impersonated a fictitious administrative trustee for the trust.  On the basis of the fraudulent trust documents and the attorney’s letter, Constantine obtained lease financing for a new Toyota RAV4 and a new Jeep Renegade, and obtained mortgages for her purchase of a $200,000 home in Albany and a $131,000 condominium in Myrtle Beach, South Carolina.

 

In August 2017, Constantine was sentenced in another federal criminal case, for making false statements in connection with her May 2016 application for employment with the United States Postal Service in Troy, New York.  Constantine, who has more than 20 prior convictions including convictions for fraud, falsely stated in her employment application that she had never been convicted of a crime.

 

Constantine has been in federal custody since September 13, 2016.  She received a sentence of time served on the false statements conviction.

 

This case was investigated by the USPIS, the New York State Police, the Social Security Administration Office of the Inspector General, and the Bethlehem Police Department, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK – Attorney General Jeff Sessions today announced the appointment of Grant C. Jaquith as Interim United States Attorney pursuant to 28 U.S.C. § 546, which provides that “the Attorney General may appoint a United States Attorney for the district in which the office of United States Attorney is vacant.”  This appointment will take effect on January 5, 2018.

 

“Grant Jaquith has dedicated most of his career to public service as a federal prosecutor and a member of the military,” said Attorney General Sessions.  “He has earned not only the rank of Colonel, but a well-deserved reputation for determination and toughness as an attorney.  Over the last 28 years, he has prosecuted drug dealers, cop killers, and violent criminals.  That work has had a major impact on the community.  With Grant as Interim United States Attorney for the Northern District of New York, I believe that New Yorkers are in good hands.”

 

Mr. Jaquith is currently the Acting United States Attorney for the Northern District of New York.  He has worked in the United States Attorney’s Office for the Northern District of New York since 1989, serving as First Assistant United States Attorney (2010-2017), Chief of the Criminal Division (2006-2010), and Narcotics Chief and Chief of the Albany Office (1998-2006).

ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from November and December 2017:

 

Citizen of Mexico Sentenced for Illegal Entry into United States

 

Candelaria Solis-Guzman, age 30, of Mexico, was sentenced on November 9 to 22 days in jail following her guilty plea to illegally entering the United States from Canada.

 

Solis-Guzman admitted that she walked across the border approximately one-half mile east of the Trout River Port of Entry on the night of October 29, 2017.  She was arrested by Border Patrol Agents as she hid in the woods just south of the border near Trout River, New York. 

 

Citizen of Mexico Sentenced for Illegal Entry into United States

 

Fabian Moreno-Lule, age 30, of Mexico, was sentenced on December 5 to 17 days in jail following his guilty plea to illegally entering the United States from Canada.

 

Moreno-Lule admitted that he walked across the border without inspection one-half mile east of the Champlain Port of Entry on November 26, 2017.  He was arrested by Border Patrol Agents about one mile south of the border.  

 

Two Citizens of Haiti Sentenced for Illegal Entry into United States

 

Jean Dessalines, age 35, and Rosthy Pierre Charles, age 46, both of Haiti, were sentenced on December 14 to 24 days in jail and 17 days in jail, respectively, following their respective guilty pleas to illegally entering the United States from Canada. 

 

Dessalines and Charles each admitted that together they walked across the border about one-half mile east of the Champlain Port of Entry on December 4, 2017.  They were arrested together by Border Patrol Agents as they walked south away from the border.

 

Citizen of Brazil Sentenced for Illegal Entry into United States

 

Maura Evangelista-Dias, age 44, of Brazil, was sentenced on December 14 to 30 days in jail following her guilty plea to illegally entering the United States from Canada. 

 

Evangelista-Dias admitted that she crossed the border approximately two miles east of the Massena Port of Entry on December 4, 2017.  She was found and arrested by Border Patrol Agents as she was trying to leave the border area. 

 

Citizen of Mexico Sentenced for Illegal Entry into United States

 

Marco Antonio Alpizar-Sanchez, age 34, of Mexico, was sentenced on December 19 to 45 days in jail after being found guilty at trial of illegally entering the United States from Canada. 

 

The evidence at trial demonstrated that Alpizar-Sanchez climbed over a fence and walked across the border one-half mile east of the Champlain Port of Entry on November 11, 2017.  Border Patrol Agents found Alpizar-Sanchez hiding in the woods about a half-mile south of the border.   

 

Two Citizens of Haiti Sentenced for Illegal Entry into United States

 

Joseph James Monexil, age 30, and Delorme Gedeon, age 41, both of Haiti, were sentenced on December 20 to 22 days in jail and 20 days in jail, respectively, following their respective guilty pleas to illegally entering the United States from Canada.

 

Monexil admitted that he walked across the border near Champlain, New York, on December 5, 2017.  He was arrested by Border Patrol Agents as he walked south away from the border. 

 

Gedeon admitted that he entered the United States from Canada by walking across the border near Champlain, New York, on December 7, 2017.  He was arrested by Border Patrol Agents as he walked south away from the border. 

 

Three Citizens of Haiti Sentenced for Illegal Entry into United States

 

Dony Lacroix, age 24, Inel Jean, age 29, and Jean Riche, age 30, all of Haiti, were each sentenced on December 21 to 20 days in jail following their respective guilty pleas to illegally entering the United States from Canada. 

 

Lacroix, Jean and Riche each admitted that they entered the United States together from Canada by walking across the border near Champlain, New York, on December 7, 2017.  They were arrested by Border Patrol Agents as they walked south away from the border. 

 

Citizen of Romania Sentenced for Illegal Entry into United States

 

Catalin Andrei Albu, age 30, of Romania, was sentenced on December 28 to time served (16 days in jail) following his guilty plea to illegally entering the United States from Canada. 

 

Albu admitted that he crossed the border approximately five miles east of the Massena Port of Entry on December 12, 2017.  Border Patrol Agents located and arrested him in Malone, New York. 

ALBANY, NEW YORK – Dario Sanchez-Rosas, age 56, and a citizen of Mexico, was sentenced today to 6 months in prison for illegally re-entering the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

Sanchez-Rosas, a citizen of Mexico, admitted that he was removed from the United States to Mexico three times in 2001.  On August 24, 2017, an ICE Officer arrested Sanchez-Rosas in Guilderland, New York.   Sanchez-Rosas did not have permission to re-enter the United States following the 2001 removals.

 

Senior United States District Judge Norman A. Mordue also ordered Sanchez-Rosas to serve a 1-year term of supervised release should he remain in the United States after completion of the prison term. Sanchez-Rosas will be processed for removal from the United States when he is released from prison.     

 

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Tammy J. Lamere, age 46, of Granby, New York, pled guilty yesterday to crimes related to her sexual exploitation of a child, committed together with co-defendant Clif Seaway from 2010 – 2013, announced Acting United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Kevin M. Kelly, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations.

 

Lamere appeared yesterday before Senior United States District Judge Norman A. Mordue, and admitted that from 2010 – 2013 she and Seaway conspired to sexually abuse a child, and that she and Seaway engaged in various sexual acts with that child, for the purpose of producing visual depictions of that abuse.  The child was between the ages of 6 and 11 during the time of the offenses, and images and videos of Lamere and Seaway took of their sexual abuse of the child were recovered in the investigation into their crimes.  Seaway was convicted of these and other offenses last week, following a jury trial. 

 

Sentencing is scheduled for April 18, 2018 in Syracuse. The defendant faces a minimum sentence of 15 years and up to 30 years for each count of conviction, for a maximum possible sentence of 60 years in prison. The defendant will also be sentenced to serve a term of supervised release of at least 5 years and up to life when released from imprisonment and will 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 Homeland Security Investigations with assistance provided by the Onondaga County Sheriff’s Office.  The case is being  prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Assistant United States Attorney Carina Schoenberger. 

 

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

SYRACUSE, NEW YORK – Harry McCarthy, age 57, of Ogdensburg, New York, pled guilty today to sexually exploiting a child.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

 

McCarthy admitted that in 2013 and 2014, he used a child to engage in sexually explicit conduct for the purpose of producing images of that conduct.  At the time of his crime, McCarthy was an officer at the Ogdensburg Police Department.

 

Sentencing is scheduled for April 18, 2018 in Syracuse before Chief United States District Judge Glenn T. Suddaby.  McCarthy pled guilty as part of an agreement that, if accepted by Chief Judge Suddaby, would require him to serve 15 years in prison, to be followed by a lifetime 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.  McCarthy would also be required to register as a sex offender. 

 

This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Geoffrey Brown.

 

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 Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Avelarto Lopez Garcia, age 22, and a citizen of Mexico, was sentenced today to time served (29 days in jail) for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Lopez Garcia admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on December 12, 2015.  Lopez-Garcia had previously been removed from the United States back to Mexico on December 15, 2012, October 27, 2015, October 30, 2015, and December 9, 2015. 

 

On November 16, 2017, ICE officers arrested Lopez Garcia in Latham, New York. 

 

Following the sentencing, Lopez Garcia was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

The case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Eric Campbell, age 36, formerly of Lewis County, was sentenced today to 72 months imprisonment for possessing methamphetamine and for possessing pseudoephedrine knowing it would be used to manufacture methamphetamine, announced Acting United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division and New York State Police Superintendent George P. Beach II.

 

The evidence against Campbell established that between January 2014 and November 2015, he and others purchased pseudoephedrine pills weighing more than 100 grams from different drug stores in and around Lewis County.  Campbell knew there were restrictions on the sale of pseudoephedrine, and to avoid scrutiny often rotated the stores where he bought the pills.  Campbell purchased the pseudoephedrine and possessed pseudoephedrine purchased by others knowing it would be used to illegally manufacture methamphetamine.  On November 13, 2015, Campbell possessed approximately 107 grams of a liquid containing methamphetamine, the result of an unfinished methamphetamine “cook.”   

 

After serving his term of imprisonment, Campbell will be on supervised release for 3 years. 

 

This case was investigated by the New York State Police (NYSP), including the NYSP Contaminated Crime Scene Emergency Response Team (CCERT) and New York State Intelligence Center (NYSIC), the Lewis County Sheriff’s Office, and the U.S. Drug Enforcement Agency, and was prosecuted by Assistant U.S. Attorney Carl Eurenius.

SYRACUSE, NEW YORK – Brian T. Hanlon, age 36, of Syracuse, New York, was sentenced yesterday in federal court to serve a two-year term of probation and pay a $2,500 fine for willfully obstructing the passage of the mail by stealing money from mailed letters, announced Acting United States Attorney Grant C. Jaquith and Eileen Neff, Special Agent in Charge, United States Postal Service, Office of Inspector General (USPS OIG), Northeast Area Field Office.

 

Hanlon, who had been employed at the United States Postal Service (USPS) since 2003, admitted as part of his guilty plea that while working at a Postal Facility in Syracuse, he opened between 20 and 30 pieces of mail that were not addressed to him over approximately two weeks in April 2017. He further admitted that after opening these mail items, he stole approximately $100 in cash from them. USPS OIG agents caught Hanlon stealing $11 from a piece of mail at the Syracuse USPS facility on April 21, 2017, after which he confessed to the other thefts. Hanlon is no longer employed by the U.S. Postal Service.

 

This case was investigated by the United States Postal Service, Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.

SYRACUSE, NEW YORK – Following a four-day trial in federal court in Syracuse, a jury today found Clif J. Seaway, age 61, of Granby, New York, guilty of two counts of Conspiracy to Sexually Exploit a Child and ten counts of Sexual Exploitation of a Child, announced Acting United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Kevin M. Kelly, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations.

 

The evidence at trial established that Clif J. Seaway conspired with others to, and did sexually exploit, five minor children from 2001 through 2013 in Oswego, Onondaga, and Jefferson Counties, and took sexually explicit photos and videos of the victims. During the trial the jury viewed numerous videos and photographs made by the defendant of his sexual exploitation of all five victims and heard testimony from one, who is now an adult. The trial evidence also included the defendant’s recorded confession to New York State Police Investigators. 

 

“The jury heard testimony about the defendant’s abhorrent, prolonged sexual exploitation of five minor victims over many years and rendered a verdict that will hold the defendant accountable for his heinous criminal conduct.  With our law enforcement partners, we will continue to investigate and prosecute such unfathomable crimes against the most vulnerable and helpless among us –  children -- to the fullest extent of the law,” said Acting U.S. Attorney Grant C. Jaquith.

 

New York State Police Superintendent George P. Beach said, “While these type of investigations are difficult for those who have worked the most shocking of cases, the evidence gathered and work done by the State Police and our law enforcement partners, led to this conviction and ensures the defendant will serve time for his deplorable crimes. Together, we will continue to seek justice for those who have been victimized and protect those who are most vulnerable, our children.”

 

"Today's conviction is a critical first step toward healing for all of those impacted by the depraved acts perpetrated by this defendant," said Kevin Kelly, Special Agent in Charge of Homeland Security Investigations, Buffalo Division. "HSI will continue to aggressively pursue those who prey on the most vulnerable in society, our children."

 

Sentencing is scheduled for April 30, 2018 in Syracuse. The defendant faces a minimum sentence of 15 years and up to 30 years for each count of conviction, for a maximum possible sentence of 360 years in prison. The defendant will also be sentenced to serve a term of supervised release of at least five years and up to life if released from imprisonment and will 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 Homeland Security Investigations with assistance provided by the Onondaga County Sheriff’s Office.  The case is being  prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Assistant United States Attorney Carina Schoenberger. 

 

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

ALBANY, NEW YORK – Juan David Monzon Tejada, age 29, and a citizen of El Salvador, pled guilty today to illegal re-entry into the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

Monzon Tejada was removed from the United States to El Salvador on September 22, 2015.  On November 19, 2017, ICE Officers arrested him in Glenville, New York.  Monzon Tejada admitted that he illegally returned to the United States following the 2015 removal.   

 

Monzon Tejada faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Lawrence E. Kahn on April 11, 2018.  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 ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

 

ALBANY, NEW YORK – Jaime Marquez-Venancio, age 50, and a citizen of Mexico, was sentenced today to time served (76 days in jail) for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Marquez-Venancio admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on May 4, 2017.  Marquez-Venancio was also previously removed to Mexico on April 28, 2017.    

 

On September 28, 2017, Marquez-Venancio was arrested by Border Patrol Agents in Mooers, New York, as he was walking south away from the Canadian border after he illegally walked across the border at a remote location in Clinton County.         

 

Following his sentencing, Marquez-Venancio was remanded to the custody of the Department of Homeland Security, for removal proceedings. 

 

This case was investigated by United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Tyleek Deramus, age 19, of Brooklyn, New York, was sentenced yesterday to 27 months in prison for possessing crack cocaine with the intent to distribute it.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division and New York State Police Superintendent George P. Beach II.

 

As part of his guilty plea, Deramus admitted that on October 13, 2016, he transported approximately 47 grams of crack cocaine from New York City to Plattsburgh, New York, intending to sell the crack cocaine in the Witherbee, New York, area.

 

Senior United States District Judge Thomas J. McAvoy also imposed a 3-year term of supervised release, to begin after Deramus is released from prison.

 

This case was investigated by the DEA and New York State Police, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Eddy Wilkins, also known as Alejandro Hernandez, age 65, and a citizen of Mexico, was arraigned today on an indictment charging him with illegally re-entering the United States after having been previously deported, as well as fraud and misuse of a social security number, and aggravated identity theft.

The announcement was made by Acting United States Attorney Grant C. Jaquith, Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), and John F. Grasso, Special Agent in Charge of the Social Security Administration Office of the Inspector General (SSA-OIG), New York Field Office.

The indictment alleges that Wilkins was previously removed from the United States to Mexico following his conviction for an aggravated felony, returned, and was found near Syracuse.  The indictment also alleges that the defendant falsely represented a social security number belonging to someone else to be his own and used that means of identification without permission. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Wilkins faces up to 20 years in prison on the illegal reentry offense, up to five years in prison on the fraudulent misuse of a social security number offense, and a mandatory consecutive sentence of two years on the aggravated identity theft count.  He also faces a maximum potential fine of $250,000 on each count and up to three years 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.

Wilkins was arraigned today in Syracuse, New York, before United States Magistrate Judge David E. Peebles, and ordered detained pending a trial scheduled for February 12, 2018.

This case is being investigated by U.S. Immigration and Customs Enforcement (ICE) and Social Security Administration Office of the Inspector General (SSA-OIG), and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.

ALBANY, NEW YORK – Raul Meza, age 48, and a citizen of Mexico, was sentenced today to time served (113 days jail) for illegally re-entering the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

As part of his guilty plea, Meza admitted that on August 18, 2017, a Border Patrol agent found him walking on a road in Champlain, New York, 250 yards south of the border between the United States and Canada.  Meza had twice been removed from the United States to Mexico, first in 2001 and again in 2010.  Meza did not have authorization to return to the United States.

 

Following the sentencing, Meza was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

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

ALBANY, NEW YORK – Matthew P. Charo, age 36, of Saratoga Springs, New York, was sentenced today to 10 years in prison for distributing heroin to a 30-year-old woman who died from taking it. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

 

Acting United States Attorney Grant C. Jaquith stated: “Today’s sentence holds Matthew Charo accountable for causing the death of a young woman who was struggling to overcome her addiction.  Though his decade of imprisonment cannot undo the harm to the victim and her family, who will continue to endure the unimaginable loss of their daughter, vigorous enforcement is a key component of prevention. Heroin kills, and dealing heroin is a deadly choice that can subject the dealer of even a small amount to severe consequences if a customer dies from taking heroin.  As part of our multi-pronged approach to the opioid crisis, we will continue to work with our law enforcement partners to hold drug dealers accountable for fatal overdoses.”

 

FBI Special Agent in Charge Vadim D. Thomas stated: “Today’s sentencing is the culmination of many long hours and dedicated work, but the effort to make our communities safer continues. The FBI is committed to investigating those like Mr. Charo, who endanger our families and our communities with drugs.”

 

As part of his guilty plea on August 14, 2017, Charo admitted that on October 2, 2014, he sold heroin to a 30-year-old woman who was his acquaintance from high school. Before the sale, the victim told Charo that she had tried all day to buy heroin without success.  Charo agreed to help the victim buy heroin, and used the victim’s food stamp EBT card to buy heroin from another individual, which he then distributed to the victim. She ingested the heroin and died due to acute heroin intoxication.

 

New York State Police Superintendent George P. Beach II stated: “I want to thank our law enforcement partners at the federal, state and local level for bringing this man to justice. Drugs such as heroin destroy our communities and put lives at risk. This sentencing sends a clear message that we will not tolerate the illegal drug activity and the deadly consequences that are associated with such activity. We will remain vigilant in pursuing and prosecuting criminals who threaten the safety of our neighborhoods through the distribution of these illegal and harmful narcotics.”

 

Saratoga Springs Police Department Chief Gregory Veitch stated: “As this investigation has clearly demonstrated, drug dealing is not a victimless crime.  No prison sentence will ever bring this victim back to life or alleviate the suffering of her loved ones.  The Saratoga Springs Police Department remains committed to working with our state and federal partners in law enforcement in this never-ending battle against those who choose prey on our community.”

 

As part of the sentence, Senior United States Judge Frederick J. Scullin Jr. also imposed a 3-year term of supervised release, to begin following Charo’s release from prison.

 

This case was investigated by the FBI, the New York State Police, and the Saratoga Springs Police Department, and was prosecuted by Assistant U.S. Attorney Daniel Hanlon.

 

ALBANY, NEW YORK – Nikolay Souslov, a/k/a “Nikolay Glukhov,” a/k/a “Nikolai Kuznetsov,” a/k/a “Nikolai Burov,” age 70, and a citizen of Russia, was sentenced today to 37 months in prison for alien smuggling.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Souslov was convicted following a four-day jury trial in May 2017. Chief United States District Judge Glenn T. Suddaby also ordered him to serve a 3-year term of post-imprisonment supervised release.

 

The evidence at trial showed that between 2013 and October 19, 2016, Souslov smuggled people into the United States by walking them through the woods from Canada during the night.  Souslov, who is experienced in orienteering, used only a compass to guide people through the woods to a pickup spot, where they were transported to New Jersey. On October 19, 2016, Border Patrol arrested Souslov as he led an alien into the United States.

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Douglas G. Collyer.

ALBANY, NEW YORK – Maria Angelica Cruz Lancheros, a/k/a Coral Marisol Tovar Flores, age 41, and a citizen of Mexico, pled guilty today to illegally re-entering the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Cruz Lancheros admitted that she was removed from the United States to Mexico on July 7, 2009 and again on June 14, 2010.  In 2010, Cruz Lancheros was convicted of this same offense, re-entry of a removed alien, in the United States District Court for the Western District of Texas.  Cruz Lancheros admitted that she returned to the United States without permission after those removals and that on May 6, 2017, she was in Burke, New York.

 

As a result of her conviction, Cruz Lancheros faces up to 10 years in prison and a fine of up to $250,000 when she is sentenced by Chief United States District Judge Glenn T. Suddaby on April 6, 2018.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Shelley L. Bovee, age 63, of Gloversville, New York, was sentenced today to 3 years of probation for dealing firearms without a license.

 

The announcement was made by Acting United States Attorney Grant. C. Jaquith and Ashan M. Benedict, Special Agent In Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), New York Field Division.

 

Senior United States District Judge Frederick J. Scullin, Jr. also sentenced Bovee to pay a $2,000 fine and perform 50 hours of community service.

 

As part of his August 23, 2017 guilty plea, Bovee admitted that on three occasions in 2016, he sold a total of five firearms, including two .22 caliber rifles, a .30-30 caliber long gun, a .410 caliber shotgun, and an AR-15 variant rifle.  Bovee admitted to selling these firearms for a profit without having the required federal firearms license.

 

This case was investigated by the ATF and prosecuted by Special Assistant United States Attorney Jason W. White.

ALBANY, NEW YORK – Jose Alberto Villa Pilamunga, age 28, and a citizen of Ecuador, was sentenced today to time served (27 days in jail) for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Villa Pilamunga admitted that he is a citizen of Ecuador, and that he illegally returned to the United States after he was removed to Ecuador on July 15, 2011. 

 

On November 9, 2017, ICE Officers arrested Villa Pilamunga in Cobleskill, New York. 

 

Following the sentencing, Villa Pilamunga was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan

SYRACUSE, NEW YORK - Emily Oberst, age 25, of Syracuse, was sentenced today to 60 years in prison for her sexual exploitation of children, announced Acting United States Attorney Grant C. Jaquith and Special Agent in Charge Vadim D. Thomas of the Federal Bureau of Investigation Albany Field Office. Oberst, who pled guilty to one count of conspiracy to sexually exploit children and 11 counts of child exploitation, will also be on a lifetime term of supervised release and must register as a sex offender following her release from prison.

 

“The substantial sentence imposed today reflects the enormity of the defendant’s appalling sexual exploitation of an infant and a toddler.   We will continue to use all available tools to hold child predators accountable so that all children can be safe from such abominable abuse,” said Acting U.S. Attorney Grant C. Jaquith.

 

“Ms. Oberst committed shocking and unspeakable crimes against the most innocent among us. Today’s sentencing ensures that she will receive justice for her heinous crimes,” said FBI Special Agent in Charge Vadim D. Thomas.

 

During her April 2017 guilty plea, Oberst admitted that she took sexually explicit images of two girls, an infant and a 4-year old, and sent those images to her co-defendant Jason Kopp. Jason Kopp previously pled guilty to a 28-count indictment charging conspiracy to sexually exploit children, child sexual exploitation, and other child pornography offenses. On September 13, 2016, he was sentenced to serve 235 years in prison.

 

This case was investigated by the Albany Field Office of the FBI (Syracuse Resident Agency), the New York State Police and the Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), and was prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Robert Levine.

 

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

ALBANY, NEW YORK – Christopher Mikelinich, age 52, of Ancram, New York, was arraigned today on an indictment charging him with possessing firearms as a felon.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

 

The indictment charges Mikelinich with possessing a 12 gauge semi-automatic shotgun and a .22 caliber semi-automatic rifle after having been convicted of a felony offense. The charges in the indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

 

The charges carry a maximum sentence of 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.

 

Mikelinich was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and detained pending a trial before Senior United States District Judge Norman A. Mordue.

 

This case is being investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Juan Carlos Cruz Figueroa, age 30, and a citizen of Mexico, was sentenced today to time served (80 days in jail) for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Cruz Figueroa admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on November 7, 2007.  Cruz Figueroa had also been removed to Mexico on September 22, 2007. 

 

On September 11, 2017, ICE Officers arrested Cruz Figueroa in Saratoga Springs, New York.

 

Following his sentencing, Cruz Figueroa was remanded to the custody of the Department of Homeland Security, for removal proceedings. 

 

This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Leonel Antonio Rodriguez Ayala, age 29, and a citizen of Honduras, pled guilty today to illegally re-entering the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Rodriguez Ayala admitted that he was removed from the United States to Honduras on October 3, 2013, and that he returned to the United States without permission following the 2013 removal. On October 24, 2017, ICE Officers arrested Rodriguez Ayala in Saratoga Springs, New York.   

 

Rodriguez Ayala faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States Judge Lawrence E. Kahn on March 29, 2018.  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 ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Diane Backis, age 51, of Athens, New York, was sentenced today to 60 months in prison for stealing $3.1 million from her employer Cargill, Inc. (“Cargill”) and causing over $25 million in additional losses.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith; Special Agent in Charge Vadim D. Thomas of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Special Agent in Charge James D.  Robnett of Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

 

United States District Judge Mae A. D’Agostino described the scheme as “insidious,” and Backis’s behavior as both “greedy” and “piggish.”  Judge D’Agostino imposed a 2-year term of supervised release, to begin after Backis is released from prison.  She also ordered Backis to pay $3.5 million in restitution to Cargill, an agricultural services conglomerate based in Minnetonka, Minnesota.

 

On November 28, 2016, Backis pled guilty to charges of mail fraud and filing a false income tax return.  Backis was responsible for accounting functions for Cargill’s grain operations in Albany, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments.  As part of her plea, Backis admitted that she defrauded Cargill while working in the company’s Port of Albany facility, which receives, stores, and sells grain products.

 

Acting United States Attorney Grant C. Jaquith stated: “Diane Backis was a longtime Cargill employee who was trusted to manage valuable grain commodities.  She repeatedly betrayed that trust by stealing over $3 million over a decade and causing at least $25 million in additional losses in an effort to cover up her theft.  Thanks to the teamwork of federal agents who unraveled Backis’s complex and lengthy scheme, she is being held accountable for her crime.” 

 

FBI Special Agent in Charge Vadim D. Thomas stated: “Ms. Backis caused tens of millions in losses and did lasting damage to Cargill.  The FBI will continue to work with our law enforcement partners to ensure this kind of malicious behavior is investigated and prosecuted.”

 

IRS-CI Special Agent in Charge James D. Robnett stated: “Today’s sentencing demonstrates the serious consequences of financial crimes such as this, and the collective focus of IRS Criminal Investigation (CI) and our partners on holding the perpetrators of such fraudulent schemes accountable for their actions.”

 

As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts.  Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers.  The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses.  The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls. 

 

To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices, and that customers owed Cargill millions of dollars for delivered grain products.  Backis then later reversed those false entries.  As a result, Cargill lost at least $25 million.

 

Backis also admitted that she filed a false 2015 individual income tax return because she declared only $61,208 in total income and omitted over $450,000 in additional taxable income she received by stealing customer payments intended for Cargill in 2015.

 

This case was investigated by the FBI and IRS-CI, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Anthony David Gentile, age 57, of Queens, New York, was sentenced today to 60 months in prison for receiving and possessing child pornography.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

 

Senior United States District Judge Gary L. Sharpe also imposed a 10-year term of post-imprisonment supervised release, and ordered Gentile to pay total restitution of $22,000 to 5 child pornography victims whose images of abuse Gentile possessed.   Gentile must also register as a sex offender upon his release from prison.

 

As part of his guilty plea on June 28, 2017, Gentile admitted that in 2014, as a resident of Albany County, he used the Internet and a peer-to-peer file-sharing network to download child pornography. Gentile also admitted that he possessed and stored child pornography on a computer and several hard drives.

 

This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Rodrigo Villanueva-Yanez, age 40, and a citizen of Mexico, pled guilty today to illegally reentering the United States after being previously deported.  Villanueva-Yanez was also sentenced today to serve 4 months in prison, to be followed by a 1-year term of supervised release. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent Brian S. Hastings, United States Border Patrol, Buffalo Sector.

 

Villanueva-Yanez was removed from the United States in 2011, at the Port of Entry in Hidalgo, Texas.  He later re-entered the country without the permission of the Department of Homeland Security and was found in Watertown, New York at the time of his arrest.

 

Villanueva-Yanez will be transferred to the custody of the Department of Homeland Security, which will place him into removal proceedings.

 

This case was investigated by United States Border Patrol, Wellesley Island Station, and prosecuted by Assistant United States Attorney Robert S. Levine.

SYRACUSE, NEW YORK – Jose Matos, age 29, and Jeremias Matos, age 28, both of Syracuse, were arraigned yesterday on an indictment charging them with conspiracy to possess with intent to distribute heroin and for possessing a firearm in relation to a drug trafficking crime.  Jeremias Matos is also charged with being a felon in possession of a firearm.

The announcement was made by Acting United States Attorney Grant C. Jaquith, Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA), and Syracuse Police Chief Frank Fowler.

The indictment charges both defendants with conspiring to possess with intent to distribute 100 grams or more of heroin from approximately August 2012 until April 2015.  The indictment also charges Jose Matos individually with possessing a .45 caliber handgun and a 12-gauge shotgun in furtherance of a drug trafficking crime.  The indictment further charges Jeremias Matos individually with illegally possessing a .45 caliber handgun in furtherance of a drug trafficking crime, and with being a previously convicted felon in possession of a firearm.

If convicted, the defendants each face at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of post-imprisonment supervised release of at least 4 years and up to life, in connection with the conspiracy to possess with intent to distribute heroin charge. Both men face potential consecutive sentences of 5 years in prison if convicted of possession of a firearm in furtherance of a drug trafficking crime. Jeremias Matos also faces a sentence of up to 10 years in prison and a fine of up to $250,000 if convicted of being a felon in possession of a firearm.  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 indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

The defendants were arraigned yesterday in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks, who ordered them detained pending a trial scheduled for January 16, 2018.

This case is being investigated by the Drug Enforcement Administration (DEA) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.

ALBANY, NEW YORK – Jose Garcia-Flores, a/k/a Moises Agular-Munoz, age 42, formerly a resident of Waldorf, Maryland, and a citizen of Mexico, pled guilty yesterday to transporting three Mexican citizens who had illegally crossed into the United States from Canada.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

As part of his guilty plea, Garcia-Flores admitted that on the morning of September 17, 2017, along the international border near Champlain, New York, he picked up three Mexican citizens who had crossed the border illegally from Canada the night before.  Garcia-Flores was driving the two men and one woman to Maryland when he was stopped and arrested by Border Patrol Agents at the Border Patrol checkpoint on Interstate 87 (the Northway) on the morning of September 17.   At the time of his crime, Garcia-Flores himself was in the United States without authorization.

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Garcia-Flores on March 19, 2018.  He faces up to 5 years in prison 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.

 

Following the completion of his sentence, the Department of Homeland Security will put Garcia-Flores into removal (deportation) proceedings.

 

The smuggled aliens, Samuel Alcaraz-Diaz, age 22, Jesus Enrique Vela-Hernandez, age 37, and Guadalupe Diaz-Arevalo, age 43, all of Mexico, were each sentenced on October 3, 2017 to 20 days in jail, and then placed into removal proceedings. 

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Myroslav Avram, age 46, of Brooklyn, New York, and a citizen of Ukraine, was sentenced yesterday to time served (65 days in jail), as well as a 2-year term of supervised release, for transporting another Ukrainian citizen who illegally crossed the border into the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Avram pled guilty on December 12, 2016 and admitted that on February 23, 2016, in Hogansburg, New York, he picked up a Ukrainian citizen who had crossed the border illegally from Canada.   Avram was driving the man to New York City when he was stopped and arrested by Border Patrol Agents near Clinton, New York. 

 

The smuggled alien, Petro Vasylyovy Lakusta, age 40, of Ukraine, was sentenced on March 1, 2016 to 23 days in jail and then placed into removal (deportation) proceedings. 

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Bobbi A. Constantine, formerly known as Robert Bove, age 48, of Albany, pled guilty today to wire fraud in connection with a scheme to obtain mortgages and car loans under the false pretense of being a beneficiary of a $12 million trust.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Acting Inspector in Charge Raymond Moss, U.S. Postal Inspection Service (USPIS), Boston Division.

 

As part of her guilty plea, Constantine admitted that, from October 2014 through July 2016, when she was known as Robert Bove, she obtained mortgages and automobile lease financing from lenders under the false pretense that she was the beneficiary of a trust containing more than $12 million of the assets of a fictitious, deceased aunt.

 

Constantine used fictitious trust documents, which bore a forged notary seal, to dupe an attorney into generating a letter stating that that she was the beneficiary of a trust generating annual income of more than $50,000.  Constantine also impersonated a fictitious administrative trustee for the trust.  On the basis of the fraudulent trust documents and the attorney’s letter, Constantine obtained lease financing for a new Toyota RAV4 and a new Jeep Renegade, and obtained mortgages for her purchase of a $200,000 home in Albany and a $131,000 condominium in Myrtle Beach, South Carolina. 

 

The plea follows Constantine’s August 21, 2017 federal sentencing for making false statements in connection with her May 2016 application for employment with the United States Postal Service.  Constantine, who has more than 20 prior convictions including convictions for fraud, falsely stated in her employment application that she had never been convicted of a crime. 

 

Constantine has been in federal custody since September 13, 2016.  She received a sentence of time served on the false statements conviction.

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Constantine on December 22, 2017 on the fraud conviction.  Constantine faces up to 30 years in prison, a maximum $1 million fine, and a term of post-imprisonment supervised release of up to 5 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.

 

The plea agreement requires that Constantine consent to forfeiture in the amount of $43,640.72, and pay restitution in the amount of $18,739 to the Social Security Administration and $24,901.72 to the seller of the Myrtle Beach condominium.

 

This case was investigated by the USPIS, the New York State Police, the Social Security Administration Office of the Inspector General, and the Town of Bethlehem Police Department, and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK – Dr. Vincent Koh, age 72, and his wife and office manager Milly Koh, age 63, of Queensbury, New York, each pled guilty today to receiving and delivering misbranded drugs, a misdemeanor.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith; Jeffrey Ebersole, Special Agent in Charge of the New York Field Office of the Food and Drug Administration (FDA) Office of Criminal Investigations; and Scott J. Lampert, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG), New York Region.

 

According to plea agreements signed by the Kohs, Vincent Koh is a New York State-licensed medical doctor specializing in the treatment of cancer patients, with offices in Poughkeepsie and Glens Falls, New York.  Milly Koh manages the practice, and is responsible for ordering the drugs that her husband prescribes. 

 

From July 2010 through March 2012, the Kohs ordered various discount oncology drugs, from foreign sources, that Vincent Koh prescribed and administered to patients.  These drugs had not been approved by the FDA for distribution or use in the United States, and their labeling did not contain information required by law.  As such, these prescription drugs were misbranded, and illegal to receive and provide to patients in the United States. 

 

In entering guilty pleas, Vincent Koh and Milly Koh admitted that they regularly ordered and delivered to patients a drug labeled Mabthera.  Generally, Mabthera contains rituximab, the same active ingredient found in the FDA-approved drug legally used and marketed in the United States as Rituxan.  However, the drug ordered by Vincent Koh and Milly Koh came from an unapproved, foreign source, and its label did not bear adequate directions for use and other information required by the FDA. 

 

Vincent Koh and Milly Koh are scheduled to be sentenced on March 20, 2018 by United States Magistrate Judge Daniel J. Stewart.  They each face up to 1 year in jail and 1 year of supervised release, and a maximum $100,000 fine.  Each could also receive a sentence of probation.  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 FDA Office of Criminal Investigations and HHS-OIG, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti. 

 

UTICA, NEW YORK – Ryan Granger, a/k/a Bubba Granger, age 38, formerly of Lewis County, New York, was sentenced to serve 108 months in prison for possessing pseudoephedrine knowing it would be used to manufacture methamphetamine, and for manufacturing and distributing  methamphetamine, announced Acting United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division and New York State Police Superintendent George P. Beach II.

 

Between January 2015 and September 2016, Granger, together with co-defendant Megan Thomas, age 30, also of Lewis County, purchased pseudoephedrine pills with an aggregate weight of 96 grams from different drug stores in and around Lewis County.  Granger and Thomas knew there were restrictions on the sale of pseudoephedrine, and to avoid scrutiny, often rotated the stores from which they bought the pills. Granger and Thomas purchased the pseudoephedrine knowing it would be used to illegally manufacture methamphetamine, distributing some of the pseudoephedrine to others for that purpose, while Granger and Thomas themselves “cooked” methamphetamine with some of the pills they had purchased.  Granger and Thomas ingested the finished methamphetamine and Granger sold “user quantity” amounts of the finished methamphetamine to others. 

 

Granger, who has been held in custody since his arrest on March 3, 2017, entered his guilty pleas on July 10, 2017, which is also the date on which Thomas pled guilty to the charges.  On November 8, 2017, Thomas was sentenced to serve a term of 18 months in prison.  After completing their respective terms of imprisonment, Granger and Thomas will each be placed on a term of supervised release; Granger for at least 6 years, Thomas for at least 3 years. 

 

This case was investigated by the New York State Police (NYSP), including the NYSP Contaminated Crime Scene Emergency Response Team (CCERT), the New York State Intelligence Center (NYSIC), the Village of Lowville Police Department, the Lewis County Sheriff’s Office, the Lewis County District Attorney’s Office, and the U.S. Drug Enforcement Administration (DEA), and was prosecuted by Assistant U.S. Attorney Carl Eurenius.

 

ALBANY, NEW YORK – Keith Bleau, age 51, of Johnsonville, New York, pled guilty today to receiving and possessing child pornography.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

 

As part of his guilty plea, Bleau admitted that between November 1, 2016 and May 15, 2017, he used the Internet and file-sharing software to download child pornography videos.  Bleau possessed about 25 video files containing child pornography.  

 

Bleau faces at least 5 years and up to 20 years in prison, to be followed by supervised release of at least 5 years and up to life, and a maximum $250,000 fine, when he is sentenced on March 20, 2018 by United States District Judge Mae A. D’Agostino. A sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.  Bleau would also have to register as a sex offender upon his release from prison.

 

This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

 

This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States 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 – Lavyette Garcia, age 39, of Johnson City, New York, was charged in an 11-count indictment alleging that she prepared and filed false federal income tax returns in an effort to fraudulently obtain refunds from the U.S. Treasury Department, announced Acting United States Attorney Grant C. Jaquith and James D.  Robnett, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (IRS-CI).

 

The defendant was arrested by Special Agents of the IRS-CI at her home on Friday November 17, 2017, was arraigned in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks, and released pending a trial before Senior United States District Judge Thomas J. McAvoy on January 16, 2018.

 

Five of the charges in the indictment allege that the defendant filed false claims in the form of federal income tax returns, and carries a maximum sentence of up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  Six other charges in the indictment allege that the defendant prepared federal income tax returns containing false and fraudulent information, and carries a maximum sentence of up to 3 years and a fine of up to $100,000.00.   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 indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

 

This case is being investigated by Internal Revenue Service-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.