Northern District of New York

ALBANY, NEW YORK – Nathan Baum, age 32, of East Greenbush, New York, was sentenced today to serve 38 months in prison for tampering with a consumer product and obtaining controlled substances by deception.

The announcement was made by United States Attorney Richard S. Hartunian; Special Agent in Charge Donna L. Neves of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Special Agent in Charge Jeffrey Ebersole of the U.S. Food and Drug Administration Office of Criminal Investigations, New York Field Office.

Senior United States District Judge Lawrence E. Kahn also imposed a $2,000 fine and a 3-year term of supervised release, to begin after Baum’s release from prison.

Baum was originally sentenced, on June 22, 2016, to 82 months in prison. With the government’s consent, the United States Court of Appeals for the Second Circuit vacated the sentence in May 2017 and remanded the case for resentencing. Baum has been in custody since his original sentencing date.

Baum pled guilty in February 2016 to tampering with a consumer product and obtaining controlled substances by deception and subterfuge. Baum, a licensed practical nurse who worked at the hospice ward of the Veterans Affairs Medical Center, in Albany, improperly accessed syringes that contained oxycodone hydrochloride. These syringes were stored in locked containers that Baum was able to access using his individually assigned password. Between April 8, 2014 and May 16, 2014, Baum removed the oxycodone hydrochloride from at least 25 syringes and replaced it with haloperidol.

Oxycodone hydrochloride, a Schedule II controlled substance, is a highly addictive narcotic analgesic used to treat moderate to severe pain. Haloperidol, often marketed as Haldol, is an anti-psychotic medication used to treat certain mental/mood disorders and to treat uncontrolled movements or agitation.

This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and the Food and Drug Administration Office of Criminal Investigations, and was prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.

SYRACUSE, NEW YORK - Dale J. Sexton, 48, formerly of Barneveld, New York, was sentenced today in federal court in Syracuse to 33 months in prison in connection with his previous guilty pleas to filing a false income tax return and to obstructing and impeding the Internal Revenue Service (IRS) in its administration of the internal revenue laws, announced United States Attorney Richard S. Hartunian and James D. Robnett, Internal Revenue Service Criminal Investigation (IRS-CI), Special Agent in Charge, New York Field Office. Sexton’s sentence also requires him to pay restitution to the IRS in the amount of $502,639. Senior United States District Judge Norman A. Mordue, who presided over the case, also ordered Sexton to spend one year on supervised release after completion of his 33-month prison sentence.

Sexton, who most recently resided in Bradenton, Florida, previously admitted in federal court that he failed to report to the IRS more than $1.5 million in income he earned between 2005 and 2008, that he engaged in complicated financial transactions involving numerous bank accounts in the United States and Costa Rica in order to mask and disguise his income and expenses, and that he made false statements to an IRS Revenue Officer in Utica, New York. Sexton also admitted that he filed a false 2008 tax return, claiming that he earned no income that year when he actually earned more than $200,000.

“IRS agents spent years tracing more than 100 bank accounts and tens of thousands of individual financial transactions to piece together Sexton’s fraud scheme. Unfortunately, today’s sentence cannot undo the financial harm suffered by Sexton’s victims, who paid a terrible price for the defendant’s greed in amassing income improperly and failing to report it to the IRS,” said U.S. Attorney Hartunian.

According to the plea agreement signed by Sexton, the unreported income related to Sexton’s ownership of multiple commercial real estate businesses in Florida involved in constructing, among other things, commercial “flex” warehouse units. Sexton financed the projects by obtaining loans from banks and investments from private investors. Sexton admitted in the plea agreement that he failed to repay much of the loan money and that he never intended to repay any of the private investors. Several victims filed statements with the Court describing the financially devastating consequences they faced after Sexton defrauded them in order to fund his luxurious lifestyle.

The case was investigated by Internal Revenue Service Criminal Investigation (IRS-CI), and was prosecuted by Assistant United States Attorney Michael F. Perry.

ALBANY, NEW YORK – Lawrence Giggetts, age 37, of Schenectady, New York, was sentenced today to 58 months in prison for possessing a firearm as a felon.

The announcement was made by United States Attorney Richard S. Hartunian 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, Giggetts admitted to possessing an inoperable .25-caliber, semiautomatic pistol, after he had been convicted of attempted reckless endangerment, a felony. The pistol, which was inoperable because it did not have a firing pin, still qualified as a firearm under federal law, which prohibits felons even from having inoperable firearms so long as there is an interstate connection.

Senior United States District Judge Gary L. Sharpe also sentenced Giggetts to 3 years of supervised release, to begin once Giggetts is released from prison.

This case was investigated by the ATF and the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK – Jose Domingo Contreras Flores, age 34, and a citizen of El Salvador, was sentenced today to time served (about 69 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

Flores had been removed from the United States in 2003, at Chandler, Arizona. He later re-entered the country without the permission of the Department of Homeland Security. Flores had been living in Hudson at the time of his arrest.

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

This case was investigated by ICE-ERO in Latham, New York, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Tammy A. Grumme, age 42, of Glenmont, New York, was sentenced today to time served (about 4 months in jail), to be followed by 3 years of supervised release, for stealing more than $78,000 in benefits from the Social Security Administration (SSA).

The announcement was made by United States Attorney Richard S. Hartunian and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.

As part of her October 17, 2016 guilty plea, Grumme admitted that she provided false information to the SSA so that she could continue to receive Survivors Insurance benefits for herself and another person from 2011 through 2013. Grumme admitted that she submitted false forms to the SSA because she knew she would not be entitled to benefits if the information were accurate.

Senior United States District Judge Frederick J. Scullin Jr. also ordered Grumme to pay $78,258 in restitution.

This case was investigated by the SSA Office of the Inspector General and was prosecuted by Special Assistant U.S. Attorney Jason W. White.

ALBANY, NEW YORK – Victorico Catarino Ramirez, a citizen of Mexico, was charged today with possessing fraudulent immigration documents.

The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Ramirez appeared today in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.

If convicted of possessing fraudulent immigration documents, Ramirez faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release.

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

This case is being investigated by HSI, Immigration Customs and Enforcement-Enforcement and Removal Operations, and the United States Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

Albany, New York – Richard S. Hartunian announced today that he will step down as United States Attorney for the Northern District of New York on June 30, 2017, after serving seven and one-half years in office and 20 years with the Department of Justice. Hartunian has informed President Trump and Attorney General Sessions of his decision. First Assistant United States Attorney Grant C. Jaquith will become Acting United States Attorney for the Northern District of New York on July 1, 2017.

“Serving as the United States Attorney for the Northern District of New York has been the highest professional privilege of my lifetime,” said United States Attorney Hartunian. “It has been an honor to work with the men and women of the Department of Justice and to witness the immeasurable commitment to justice of my law enforcement colleagues throughout the nation. I am especially grateful for the opportunity to lead an office of outstanding, dedicated professionals who work tirelessly, day in and day out, to keep our communities safe. I am proud of our achievements and confident that the good work of the U.S. Attorney’s Office will continue under the outstanding leadership of Acting United States Attorney Jaquith.”

Deputy Attorney General Rod J. Rosenstein said, “Throughout his service as a career prosecutor and as United States Attorney, Rick Hartunian has demonstrated a steadfast commitment to the cause of justice. He is an excellent colleague and a reliable friend. I thank Rick for his twenty years of distinguished federal service and wish him all the best in the next chapter of his career.”

Richard S. Hartunian took office as the 48th United States Attorney for the Northern District of New York on January 3, 2010. Hartunian also served as the Chair of the Attorney General’s Advisory Committee (AGAC) in 2016 and 2017, leading the sixteen U.S. Attorneys who are responsible for advising the Attorney General on policy, management and operational issues influencing all 94 federal districts nationwide. He was appointed to this committee in 2013, working with his U.S. Attorney colleagues from around the nation to fight violent crime, promote border security, improve police/community relations and address the nationwide heroin/opioid abuse epidemic.

In 2010, Hartunian was honored by the Armenian Bar Association as the first United States Attorney of Armenian descent.

As United States Attorney, Hartunian emphasized several key areas. Fighting terrorist activity has been his highest priority – indeed, his sister Lynne was killed in the 1988 terrorist bombing of Pan Am Flight 103 – and his tenure included the prosecution of Glendon Crawford and Eric Feight. Crawford, a Ku Klux Klan member and the first person to be convicted of attempting to possess and use a radiological dispersal device, was sentenced to be imprisoned for 30 years for his plot to build a lethal radiation device to kill Muslim Americans and others.  Feight, his accomplice, pled guilty to providing material support to terrorism and was sentenced to over 8 years in prison.

Border security has been a related priority, and Hartunian co-chaired the AGAC’s Border and Immigration Subcommittee, leading the Northern Border United States Attorneys in their efforts to combat transnational crime and improve cooperation with Canadian prosecutors and law enforcement agencies. In support of that effort, Hartunian testified on behalf of DOJ in April 2015, before the U.S. Senate Homeland Security and Governmental Affairs Committee, about the state of northern border security.

As a long time narcotics prosecutor, both on the local and federal level, U.S. Attorney Hartunian emphasized aggressive narcotics and gang prosecutions, with cases against the V-Not and Bricktown gangs in Syracuse, the Uptown Gunners in Schenectady, and the Original Gangsta Killers in Albany.  His office fought the scourge of synthetic drugs through impactful prosecutions in Zhang and Tebbetts, and he testified on behalf of DOJ, before the United States Senate Judiciary Committee in June 2016, about the dangers of synthetic drugs.

In combatting financial fraud, U.S. Attorney Hartunian’s office prosecuted multi-million dollar fraudsters like McGinn and Smith, Stehl and Rossignol, Valente, and Backis.

Public and professional corruption has remained a priority for the DOJ and the U.S. Attorney’s Office under Hartunian’s leadership, as demonstrated by the prosecutions of Assemblyman Scarborough and Town Supervisor Warmouth, Saratoga County Deputy Sheriff Fuller, and attorneys Stanley Cohen, David Ehrlich and Michael Bouchard.

U.S. Attorney Hartunian also sought justice for victims of violent crime. In cases involving terrible acts of child exploitation, his office brought impactful prosecutions and achieved lengthy sentences against Kopp and Oberst, Howells and Vaisey, sex traffickers Tilden and Davall, and Christopher and Amanda Jansen. Finally, his office’s prosecution of four individuals for lying in connection with the investigation of a deadly arson homicide, where three children and one adult were killed, and another child seriously burned, demonstrated U.S. Attorney Hartunian’s commitment to fighting for victims of violent crime. “I am confident that my office will continue to seek the full measure of justice for the victims of this terrible tragedy,” he said, “and our prosecutors and agents will not rest until that goal has been fully achieved.”

Hartunian thanked his staff for their impactful work, describing them as “an incredible collection of talented AUSAs and support professionals who work long hours, out of the limelight, to help crime victims and keep our communities safe.”

Native American issues have remained an important facet of the U.S. Attorney’s work during Hartunian’s tenure. He served on the AGAC’s Native American Issues Subcommittee and visited several tribes throughout the United States, while consulting regularly with the Oneida, Mohawk, Onondaga and Cayuga nation leadership in the Northern District. He appointed a full time tribal liaison – a first for the NDNY – and collaborated closely with tribal police agencies to address public safety needs in Indian Country. “I am proud to have been part of improved nation to nation relations over the past eight years, and I am confident that we will build upon our successes and continue our constructive work with tribal communities in an environment of mutual respect and friendship,” Hartunian said.

U.S. Attorney Hartunian placed great emphasis on strengthening the NDNY Civil Division, doubling the number of AUSAs handling civil matters and emphasizing affirmative civil enforcement cases in the areas of health care, defense procurement and the environment.  He was a member of the AGAC’s Health Care and Environmental Issues Subcommittees, and instituted programs designed to maximize recoveries and inform industry representatives about the NDNY’s increased enforcement efforts. As a measure of the success of these efforts, the NDNY recovered the following amounts in civil and criminal penalties during his term: $30.8 million in FY 2012; $29.3 million in FY 2013; $44 million in FY 2014; $32 million in FY 2015; and $20 million in FY 2016. In civil health care fraud matters alone, the office has recovered more than $25 million during Hartunian’s tenure -- a dramatic increase over previous years – including multi-million dollar settlements with Endo Pharmaceuticals, St. Joseph’s Hospital and Open MRI. “I’m proud of the work of the NDNY Civil Division, which has become a nationwide model of efficiency and effectiveness,” Hartunian said.

Crime prevention has also been a priority during his tenure, including through the LEADership Project, a youth violence reduction program designed to help 5th grade students steer clear of gangs, drugs, violence, and vandalism; Youth Courts; Reentry Court; and community and interdisciplinary forums to address the epidemic of opioid and synthetic drug abuse. “We must take a comprehensive approach to fighting crime – aggressive enforcement, strong prevention efforts aimed at young people, and attention to the needs of re-entering persons – these are the successful building blocks for safer communities,” Hartunian noted.

Hartunian is a 1983 cum laude graduate of the College of Arts and Sciences at Georgetown University and a 1986 graduate of the Albany Law School. He was engaged in the general private practice of law at the firm of Devine, Piedmont and Rutnik in Albany from 1987 to 1990, and served as an Assistant District Attorney in Albany County from 1990 to 1997, where his work on narcotics and violent crime cases led to his designation as a Special Assistant U.S. Attorney in 1994. He became an Assistant United States Attorney in 1997, and went on to serve as the Northern District’s Narcotics Chief and Organized Crime Drug Enforcement Task Force Coordinator from 2006 until his appointment as U.S. Attorney in 2010. During his tenure as an Assistant United States Attorney, Hartunian successfully prosecuted numerous large drug, gang, and violent crime cases. He has received many awards for his work, including the Federal Bureau of Prisons General Counsel’s Exemplary Assistance Award, the Narcotics Enforcement Officers’ Association U.S. Department of Justice Award, various Organized Crime Drug Enforcement Task Force Regional Awards, and several case-related commendations.

Hartunian plans to enter private practice, with a further announcement to follow.

The Northern District of New York is comprised of thirty-two counties in upstate New York, covering an area of over 30,000 square miles that is home to about 3.4 million people. The District includes 310 miles of the U.S. border with Canada and the Cayuga, Mohawk, Oneida, and Onondaga Nations. The United States Attorney has offices in Syracuse, Albany, Binghamton, and Plattsburgh.

BINGHAMTON, NEW YORK – Anthony Randolph, age 30, of Binghamton, New York, was sentenced today to 20 years in prison and 10 years of post-imprisonment supervised release for engaging in a drug trafficking conspiracy and possessing a firearm and ammunition as a felon.

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

In pleading guilty, Randolph admitted that between January 2014 and November 17, 2015, as part of an organization called the “Eddie Block Gang,” he and others conspired to and did acquire cocaine and cocaine base (crack) from a number of supply connections located in Broome County, New York, and also in the New York City area. He admitted that he packaged and stored crack at several locations and residences in Broome County, including his residence in Binghamton. He also admitted to selling crack.

Randolph also admitted that in November 2015, he possessed a Kahr Arms Model P40, .40 caliber pistol along with .40 caliber ammunition in his residence in Binghamton. He was prohibited from possessing the pistol and ammunition because he had two prior felony convictions, both for criminal sale of a controlled substance in Broome County.

This case was investigated by the FBI, Binghamton Police Department, New York State Police and Broome County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

SYRACUSE, NEW YORK – Taylor Boyd-White, 26, of Syracuse, New York, pled guilty yesterday to operating a multi-year credit-card cloning operation, announced United States Attorney Richard S. Hartunian.

Boyd-White pled guilty to one count of wire-fraud conspiracy and one count of money-laundering conspiracy. As part of her guilty plea, she admitted her involvement in the scheme, which involved the purchase of hundreds of stolen credit card numbers belonging to victims. The credit card numbers were frequently obtained from computer hackers located overseas and were used to fabricate cloned credit cards. Boyd-White further admitted that she and her co-conspirators used the cloned credit cards to purchase tens of thousands of dollars in merchandise and prepaid gift cards. The prepaid gift cards were used to purchase United States Postal money orders, which were converted to cash. The scheme operated from 2014 through 2016 in Syracuse, New York, and in the state of Georgia. The wire fraud and money laundering conspiracy charges carry a maximum possible sentence of 20 years in prison, a fine of up to $500,000.00 and a term of supervised release of up to 3 years following any term of incarceration.

Boyd-White is scheduled to be sentenced on October 18, 2017, in Syracuse, New York. This case is being investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the City of Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Yesterday, following a seven-day trial, a federal jury in Utica, New York, convicted Stacey J. LaPorte, Jr., 26, of Massena, New York, of five counts of sexually exploiting four different children, and one count of receiving child pornography, announced United States Attorney Richard S. Hartunian and Russell Linstad, Resident Agent in Charge of Homeland Security Investigations (HSI), Massena, New York.

LaPorte was convicted of conspiring with Mackenzie Bailey, 21 of Massena, NY, to sexually exploit a child from infancy to 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, 26, also of Massena, to sexually exploit another child, who was less than one-year old. Both Bailey and Trimm pled guilty to the crimes they committed with LaPorte, and testified at trial.

LaPorte was also convicted of exploiting a twelve year-old boy and his sixteen year old sister by coercing them to have sexual contact with one another in order to provide explicit images of the conduct. He was further convicted of receiving child pornography from another user over the messaging program “Kik Messenger.”

“The jury heard a week’s worth of testimony about abhorrent acts and rendered a verdict that will hold the defendant accountable for his horrific criminal conduct. With our law enforcement partners, we will continue to investigate and prosecute such unfathomable crimes against the most vulnerable among us – babies and other children -- to the fullest extent of the law,” said United States Attorney Hartunian.

"The conviction of Mr. Laporte now paves the way to permanently block his access to children," said Russell Linstad, Resident Agent in Charge of HSI Massena." HSI special agents and our partners will remain relentless in our pursuit to ensure these predators are held accountable for their depraved acts."

At sentencing on October 19, 2017, LaPorte faces a mandatory minimum sentence of 15 years, but could be sentenced to up to 170 years in prison. He will also be required to serve a term of supervised release of at least 5 years, and up to life, after any term of imprisonment, and he will have to register as a sex offender.

This case was investigated by the New York State Police, the Massena Police Department, and the Department of Homeland Security, Homeland Security Investigations, and is being 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). 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 - SYRACUSE, NEW YORK – Corey Daniels, 35, of Watertown, New York, was sentenced to serve 92 months in prison (seven years and 8 months) following his guilty plea to possession of a firearm as a convicted felon, announced United States Attorney Richard S. Hartunian. In connection with his guilty plea, Daniels admitted to possessing a stolen 40-caliber, semiautomatic pistol after he had been convicted of felony drug charges. Daniels is currently serving a four-and-one-half year sentence on a 2016 drug trafficking conviction. Daniels’s sentence on his federal gun charge will begin to run only after he completes his drug charge sentence. The defendant was also sentenced to a three-year term of supervised release after he is released from federal prison.

Daniels’s co-defendant Loren Woodard, 35, of Calcium, New York, was sentenced on October 20, 2016, to serve 84 months in prison for his role in firearms trafficking.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New York State Police, and the City of Watertown Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Michael J. Ward, 54, of Gouverneur, New York, appeared yesterday in federal court in Syracuse on an indictment charging him with six felony counts of violating the Clean Water Act, announced United States Attorney Richard S. Hartunian, Vernesa Jones-Allen, Special Agent in Charge, Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”), New York Area Office, and Director Joe Schneider, New York State Department of Environmental Conservation, Division of Law Enforcement.

The indictment charges Ward with one count of discharging polluted water into the Raquette River between January 2013 and September 2015, while Ward worked at a paper mill in Norfolk, New York. Ward is alleged to have falsified data as to the amount of biochemical oxygen demand (“BOD”) in the paper mill’s wastewater. The indictment against Ward also alleges five counts of falsifying monthly reports to the New York State Department of Environmental Conservation regarding the paper mill’s wastewater discharges. Ward appeared yesterday before United States Magistrate Judge Thérèse Wiley Dancks in Syracuse, and was released pending a trial scheduled for August 14, 2017.

The charges filed against Ward carry a maximum sentence of up to three years in prison, a fine of up to $800,000, and a term of supervised release of up to one year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

This case is being investigated by EPA-CID and the New York State Department of Environmental Conservation, Division of Law Enforcement, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Eric S. Mann, age 33, of Howard, Pennsylvania, pled guilty today to attempting to arrange for a sexual encounter with a minor.

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

As part of his guilty plea, Mann admitted that between May 10, 2016 and August 25, 2016, he exchanged multiple online messages with an undercover officer posing as a 14-year-old boy. Mann further admitted that the messages were intended to entice the boy into meeting with him for the purpose of having sex. Mann also admitted that on the morning of August 25, 2016, he travelled to a truck stop located in Milesburg, Pennsylvania, in an effort to meet with the boy.

Mann faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Sentencing is scheduled for October 13, 2017 before United States District Judge Mae A. D’Agostino. 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. Mann will also have to register as a sex offender upon his release from prison.

This case was investigated by the FBI and the Town of Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

ALBANY, NEW YORK – A federal jury yesterday voted to convict siblings Mario Cardenas, age 34, and Jennifer Cardenas, age 32, both of Schenectady, New York, of making false statements under oath in applications to U.S. Citizenship and Immigration Services.

The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

The evidence at trial established that Mario Cardenas and Jennifer Cardenas, both born and raised in Guatemala, entered the United States with their mother, Susana Alarcon Moscoso, in February 1999. They entered on visitor visas. Once in the United States, the siblings claimed under oath that they were born in El Salvador, a Temporary Protected Status (TPS) country. Guatemala is not a TPS country. The TPS designation means that under certain circumstances, citizens of designated countries are granted temporary immigration status in the United States, and can work here, because returning home may be too dangerous.

Because of these false statements, U.S. Citizenship and Immigration Services (USCIS) granted the siblings protected status, which allowed them to live and work in the United States for over 15 years. As part of their fraudulent scheme, the siblings submitted forged Salvadoran birth certificates to USCIS, and omitted information about their Guatemalan births and citizenship from annual TPS and employment authorization renewal forms.

The defendants face up to 10 years in prison, up to 3 years of post-imprisonment supervised release, 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. Senior United States District Judge Frederick J. Scullin Jr. is scheduled to sentence them on October 16, 2017.

June 9, 2017, their mother, Susana Alarcon Moscoso, pled guilty to falsely claiming Salvadoran citizenship. In her guilty plea, she admitted that she is a citizen of Guatemala who has never lived in, or been a citizen of, El Salvador. Judge Scullin is scheduled to sentence her on October 10, 2017.

This case was investigated by HSI. The case is being prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Joseph A. Giovannetti.

ALBANY, NEW YORK – Dujuan Pleasant, age 35, of Schenectady, New York, pled guilty today to distributing crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

As part of his plea, Pleasant admitted that he distributed more than 100 grams of crack cocaine to another person in 2016. While executing a search warrant at Pleasant’s home, DEA found an Arminius .22. caliber revolver, a Kel-Tec .32 caliber semi-automatic handgun, 33 rounds of ammunition, several digital scales, as well as cocaine and MDMA (commonly marketed as ecstasy). Pleasant admitted that he kept both firearms in his residence to protect his drugs and drug money.

Sentencing is scheduled for October 13, 2017 in Albany, before United States District Judge Mae A. D’Agostino. Pleasant faces at least 10 years and up to life 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. 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 Wayne A. Myers.

ALBANY, NEW YORK – Preston James, age 39, of Schenectady, New York, pled guilty today to distributing crack cocaine.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

As part of his guilty plea, James admitted that in April 2015, he sold crack cocaine four times in the Schenectady area. During one sale he sold over 28 grams. James was previously convicted of felony drug offenses in Rockland County (2009) and Kings County (2006).

James, who is in custody, faces at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of at least 8 years and up to life, when he is sentenced on October 13, 2017 by United States District Judge Mae A. D’Agostino. 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 United States Attorney Solomon B. Shinerock.

ALBANY, NEW YORK – Eliza Akhmetshina, age 29, and a citizen of Russia residing in Albany, was sentenced today to 2 years of probation for conspiring to commit marriage fraud.

The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Senior United States District Judge Thomas J. McAvoy also ordered Akhmetshina to pay a $1,000 fine.

As part of her February 7, 2017 guilty plea, Akhmetshina admitted that in January 2012, when she was illegally present in the United States (having overstayed on a visitor’s visa), she agreed to pay U.S. citizen Ian Neary $10,000 to marry her so that she could obtain lawful immigration status in the United States. As part of the conspiracy, Akhmetshina falsely represented to U.S. officials that she and Neary lived together at an address in Albany County.

Neary pled guilty to conspiracy to commit marriage fraud, and on August 3, 2016 was sentenced by United States District Judge Mae A. D’Agostino to 2 years of probation.

This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Kristin M. Vargas, age 33, of Clifton Park, New York, was arraigned today on a 9-count indictment charging her with using and selling stolen social security numbers.

The announcement was made by United States Attorney Richard S. Hartunian; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation (FDIC) Office of 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.

The indictment charges Vargas with conspiracy to commit wire fraud, making false statements in loan and credit applications, and misusing social security numbers. The indictment alleges that in 2013 and 2014, Vargas obtained and sold stolen social security numbers (SSNs) over the internet. Vargas 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 means to escape negative credit histories. The indictment further alleges that Vargas used stolen SSNs herself on applications for credit.

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

Vargas faces up to 20 years in prison, up to 3 years of post-imprisonment supervised release and a maximum $250,000 fine if convicted on all counts of the indictment. 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.

Vargas was arraigned today before United States Magistrate Judge Christian F. Hummel. She was released with conditions pending a trial before Senior United States District Judge Thomas J. McAvoy.

This case is being investigated by the Offices of Inspector General of the FDIC and SSA, and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.

ALBANY, NEW YORK – Ronald T. Showers, age 42, of Albany, was sentenced today to 54 months in prison, to be followed by 3 years of supervised release, for possessing and intending to distribute heroin that caused the death of a 19-year-old woman.

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

Showers pled guilty in January 2017 to possessing while intending to distribute heroin. Showers admitted that on September 13, 2014, he hid the heroin in a car belonging to a 19-year-old woman residing in Schenectady, who died from a heroin overdose the following day.

In sentencing Showers, United States District Judge Mae A. D’Agostino found that the heroin that killed the 19-year-old woman was the heroin that Showers had placed in the woman’s car. Judge D’Agostino told Showers, “You gave the victim access to the drugs that extinguished her life.” She added, “When you leave heroin in a 19-year-old’s car, bad things happen. And a tragedy happened here.”

This case was investigated by the FBI, Schenectady Police Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Christopher J. Pratt, age 53, of Albany, appeared today in federal court on charges that he possessed child pornography.

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

The complaint filed against Pratt alleges that two child pornography videos were distributed from a computer at his home. When investigators executed a search warrant at Pratt’s home, they found a computer containing additional child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

Today, United States Magistrate Judge Christian F. Hummel ordered Pratt detained pending further proceedings.

The charge filed against Pratt carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI and the Albany County Sherriff’s Office, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.

SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian and New York State Attorney General Eric. T. Schneiderman announced today that the University of Rochester (UR), which among other things operates a teaching hospital based in Rochester, New York, will pay $113,722.10 to resolve allegations that it violated the federal and New York False Claims Acts by improperly using a billing modifier on certain healthcare claims at UR’s Flaum Eye Institute, resulting in UR receiving payments to which it was not entitled.

A provider’s use of a modifier on a healthcare claim can allow the provider to receive compensation when it would otherwise be unavailable under applicable regulations. Here, modifier 25 may be added to certain healthcare claims where the provider renders a significant, separately identifiable evaluation and management service to the same patient on the same day as another procedure or other service. Modifier 25 should be used only when the evaluation and management service is above and beyond the usual pre-and-post operative work of a procedure and the need for the additional service is supported by the medical record. By using modifier 25 when the foregoing conditions were not present, UR received higher compensation than it should have received for certain ophthalmology services claims it submitted to government payers. For example, in certain instances UR performed and billed for ophthalmology procedures known as intravitreal injections (i.e. injections into the eye) and then billed modifier 25 for additional evaluation and management services to the same patients, although the medical records lacked sufficient documentation to support billing for care beyond the injection procedure itself.

This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery. The relator in this case will receive $19,332.76 of the settlement proceeds. This case is docketed with the United States District Court for the Northern District of New York under number 5:15-cv-266 (MAD/TWD).

UR disclosed its improper use of modifier 25 to the government before becoming aware of the lawsuit.

“Today’s settlement reflects my office’s commitment to using the False Claims Act to protect the public fisc and to vigorously investigative cases brought to our attention by whistleblowers,” said U.S. Attorney Richard S. Hartunian. “It also reflects UR’s self-disclosure of the conduct at issue to the government, a practice that this Office commends, before UR had knowledge that a relator had filed a qui tam complaint.”

“When an organization catches an error in their Medicaid billing and self-reports, it prevents hardworking New York taxpayers from having to absorb the cost,” said New York Attorney General Eric T. Schneiderman. “I commend UR for their willingness to come forward, and for their cooperation throughout this matter. Reimbursing Medicaid for false claims is vital to the integrity of the program, and we will continue working to ensure that all providers repay what is owed.”

“This settlement is another example of our commitment to holding health care providers accountable for their billing practices,” said Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations. “HHS-OIG will continue to protect the federal health care programs intended for our most vulnerable Americans.”

This investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the New York State Attorney General’s Office, and U.S. Department of Health and Human Services Office of the Inspector General. The United States was represented by Assistant United States Attorney Michael D. Gadarian and New York State was represented by Special Assistant Attorney General Paul R. Berry.

SYRACUSE, NEW YORK – Charles Edward Bayer, Jr., 33, and Darren Kattan, 31, of Lafayette and Baton Rouge, Louisiana, were sentenced today in United States District Court in Syracuse for conspiring to commit mail fraud and violate the Clean Air Act by developing and selling simulator devices programmed to bypass motor vehicle emissions inspections tests, announced United States Attorney Richard S. Hartunian and Vernesa Jones-Allen, Special Agent in Charge, United States Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”), New York Area Office. Bayer and Kattan were each sentenced to three years of Probation, and each of them will spend the first four months of Probation on house arrest. In addition, Bayer was ordered to pay a fine of $5,000, and Kattan was ordered to pay a fine of $10,000.

In pleading guilty, Darren Kattan admitted that between 2010 and 2013 he designed, built, and sold motor vehicle simulator devices that allowed vehicles to bypass state motor vehicle emissions inspections tests. Kattan admitted that, with other co-conspirators (including Bayer), he helped create and distribute at least 170 simulator devices throughout the country. Kattan was arrested by Special Agents of the Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”) in an undercover sting operation in Louisiana after Kattan turned over the source codes for his devices in exchange for a $10,000 payment.

As part of his guilty plea, Charles Edward Bayer admitted that between 2011 and 2013 he purchased Kattan’s remaining inventory of simulator devices and software and continued to sell and manufacture these devices knowing that they were used to illegally bypass motor vehicle inspections.

This case was investigated by EPA-CID and the New York State Department of Environmental Conservation, Division of Law Enforcement, and was prosecuted by Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason, United States Department of Justice, Environmental and Natural Resources Division.

ALBANY, NEW YORK – United States Attorney Richard S. Hartunian wrapped up the 2017 LEADership Project at noon today at a conference at the Troy Middle School.

Joining him were 4 fifth-grade students who completed the project this year, and many leaders and representatives of the participating federal, state and local law enforcement agencies. The LEADership Project, an anti-gang training for fifth-grade students, has been reaching over 1.800 students in the fifth-grade classrooms in the Albany, Schenectady, Troy and Lansingburgh School Districts each year for the past two years.

U.S. Attorney Richard S. Hartunian stated: “Over my tenure as United States Attorney, the LEADership Project has helped to prevent young people from becoming involved with gangs and other criminal activities. Through this initiative, we worked with educators, administrators and dedicated volunteers to provide real-world strategies that will help these youngsters break the cycle of violence and criminality that they too often experience. It is our hope that this positive message will make a difference, and that these children will develop the attitudes and values that will turn them into tomorrow’s community leaders.”

The charts below summarizes all the law enforcement agencies that assisted with this project.

Federal Agencies

• U.S. Attorney’s Office
• U.S. Marshals Service
• Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)
• U.S. Drug Enforcement Administration (DEA)
• Federal Bureau of Investigation (FBI)
• IRS-Criminal Investigation
• Transportation Security Administration
• Homeland Security Investigations
• U.S. Probation and Pretrial Services
• U.S. Department of Health & Human Services, OIG
• U.S. Customs & Border Patrol
• U.S. Postal Inspection Service
• U.S. Postal Service Office of the Inspector General

State and Local Agencies

• New York State Police
• New York State Attorney General’s Office
• Albany Police
• Schenectady Police
• Troy Police
• Schenectady Auxiliary Police Department
• Schenectady County District Attorney’s Office
• Rensselaer County District Attorney’s Office
• Schenectady County Probation Department
• Rensselaer County Probation Department
• Albany County Sheriff’s Office
• Schenectady County Sheriff’s Office
• Rensselaer County Sheriff’s Office

Through role-playing skits, centered on two fifth-grade characters who are lured by an older gang member to make some bad decisions, classroom discussions revolve around making good life decisions, focusing on the future, acknowledging positive personal traits, and becoming the best that students can be. The sessions introduce the students to the concepts of responsibility and accountability through learning about Victim Impact Panels and Community Accountability Boards.

In past student questionnaires, 84% of fifth graders stated it was very important to them to have help to stay away from gangs. These sessions help students learn how to do that. While 98% said they were not in a gang, 73% indicated they have friends who are in gangs. When asked who can help them stay away from gangs, students notably listed their parents, teachers, police officers and their LEADership instructors.

The LEADership Project is a small project with big returns. Even though it is only four sessions in each fifth-grade classroom, it reaches over 1,800 fifth-grade students in Albany, Schenectady, Troy and Lansingburgh. The project uses few resources; it is driven by over 80 volunteer law enforcement instructors. The LEADership Project is an investment in our future.

ALBANY, NEW YORK – John E. Szumigata, age 70, of Albany, was sentenced today to serve 5 months in jail, to be followed by 5 months of home confinement, for stealing over $91,000 in benefits from the Social Security Administration (SSA).

The announcement was made by United States Attorney Richard S. Hartunian and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.

On June 1, 2016, Szumigata was convicted of theft of government property after a two-day trial. The evidence at trial demonstrated that between October 1999 and September 2012, Szumigata withdrew Social Security monies that were directly deposited into his mother’s checking account for her benefit, despite the fact that she had died in 1999. Szumigata used the money to write checks to himself, pay personal expenses, and transfer money to businesses that he owned.

Senior United States District Judge Gary L. Sharpe also ordered Szumigata to serve 3 years of supervised release and to pay $91,322.44 in restitution to the SSA.

This case was investigated by the SSA Office of the Inspector General and was prosecuted by Special Assistant U.S. Attorney Jason W. White.

SYRACUSE, NEW YORK – A federal District Court Judge in the Northern District of New York signed a Stipulated Judgment today resolving the government’s allegations that Dr. Nancy C. Blake violated her obligations under the Controlled Substances Act (CSA) and its regulations by accepting payment for medical services in marijuana and by failing to create medical records sufficient to justify certain prescriptions to a patient receiving Suboxone, a controlled substance used to treat opioid addiction, announced United States Attorney Richard S. Hartunian.

The government alleged that, over an approximately year and a half time period, Dr. Blake issued twenty-three Suboxone prescriptions to a patient and was paid by the patient in small quantities of marijuana for at least twelve of the corresponding medical appointments. Dr. Blake admitted to being paid in marijuana but asserted that it was fewer than twelve times. The government also alleged that Dr. Blake created a medical record in only four of the twenty-three visits. The CSA and its implementing regulations make it unlawful for a physician registered with the Drug Enforcement Administration (DEA) to dispense a controlled substance unless the prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of her professional practice. Violations of this requirement create civil penalty exposure of up to $25,000 per violation.

United States Attorney Hartunian said: “Our office is committed to using all of the tools at our disposal to ensure that controlled substances are prescribed and dispensed appropriately, an issue of special importance when the prescriptions concern opioids. This settlement reflects our willingness to use the civil penalty provisions of the CSA against providers that fail to fulfill their obligations under applicable regulations and to their patients.”

DEA Special Agent in Charge James Hunt stated, “This case brings to light how a substance abuse counselor, like Nancy Blake, used someone’s battle with addiction to feed her own. It is also a reminder how easily drug addiction can overpower one’s life and have damaging consequences.”

The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York and the Drug Enforcement Administration. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – Daquan Rice, 22, and Damian Diaz, 26, both of Syracuse, New York, pled guilty to conspiracy charges relating to their role in a years-long credit-card cloning operation, announced United States Attorney Richard S. Hartunian.

Daquan Rice pled guilty to one count of conspiracy to commit wire-fraud, one count of conspiracy to commit money-laundering, and two counts of aggravated identity theft. Damian Diaz pled guilty to one count of wire-fraud conspiracy and one count of money-laundering conspiracy. As part of their guilty pleas, both men admitted to their involvement in the scheme, which involved the purchase of stolen credit card numbers belonging to numerous victims and the fabrication of cloned credit cards. They further admitted that they used those cloned credit cards to purchase tens of thousands of dollars of merchandise and prepaid gift cards. The defendants used the prepaid gift cards to purchase United States Postal money orders, which they converted to cash. Rice’s and Diaz’s criminal conspiracy ran from 2014 through 2016 in Syracuse, New York, as well as in Texas and Georgia.

Rice and Diaz are scheduled to be sentenced on September 29, 2017. The wire fraud and money laundering conspiracy charges carry a maximum possible sentence of twenty years incarceration. The aggravated identity theft charges to which defendant Daquan Rice pled guilty carry a two year mandatory minimum sentence, which must run consecutive to the sentence imposed on the other charges.

This case was investigated by the Federal Bureau of Investigation (FBI), the United States Postal Inspectors, the Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Keith Delee, 24, of Syracuse, New York, was detained without bail following a hearing yesterday in federal court in connection with an indictment charging him with participating in a credit-card cloning scheme, announced United States Attorney Richard S. Hartunian.

The Indictment charges Delee with one count of wire-fraud conspiracy, one count of wire-fraud, and one count of access-device fraud. The charges filed against Delee carry a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to three 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.

A jury trial is scheduled for July 24, 2017 before Senior United States District Court Judge Frederick J. Scullin, Jr.

The Indictment alleges that Delee participated in a scheme that involved the purchase of stolen credit card numbers belonging to hundreds of victims and the fabrication of cloned credit cards. The Indictment also alleges that from 2014 to 2016 Delee and his co-conspirators used cloned credit cards to purchase tens of thousands of dollars in merchandise and prepaid gift cards, as well as United States Postal money orders, which they converted to cash in Syracuse, New York, Texas and Georgia

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

This case is being investigated by the Federal Bureau of Investigation, the United States Postal Inspectors, the Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Deonte Spencer, 35, of Syracuse, New York, was detained without bail following a hearing yesterday in federal court in connection with an indictment charging him with participating in a credit-card cloning scheme, announced United States Attorney Richard S. Hartunian.

The Indictment charges Spencer with one count of wire-fraud conspiracy, one count of access-device fraud, and one count of aggravated identity theft. The charges filed against Spencer carry a maximum sentence of 20 years in prison for the wire-fraud charge, 15 years in prison for the access-device fraud charge, and, with respect to the aggravated identity theft charge, a two-year mandatory minimum sentence, which must run consecutive to the sentence imposed on the other charges. The charges also carry a maximum fine of up to $250,000, and a term of supervised release of up to three 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.

A jury trial is scheduled for July 24, 2017 before Senior United States District Court Judge Frederick J. Scullin, Jr.

The Indictment alleges that Spencer participated in a scheme that involved the purchase of stolen credit card numbers belonging to numerous victims and the fabrication of cloned credit cards. The Indictment also alleges that Spencer and his co-conspirators used cloned credit cards to purchase tens of thousands of dollars of merchandise and prepaid gift cards from 2015 through 2016 in Syracuse, New York, and North Carolina.

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

This case is being investigated by the Federal Bureau of Investigation (FBI), the United States Postal Inspection Service, the Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

ALBANY, NEW YORK – Justin Brooks, age 28, of Rensselaer, New York, was sentenced today to 3 years of probation, with 6 months of home detention, for conspiring to distribute oxycodone in Albany County.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

Senior United States District Judge Thomas J. McAvoy also imposed a fine of $1,000 and ordered that Brooks forfeit $3,326 in drug proceeds.

As part of his December 13, 2016 guilty plea, Brooks admitted that he obtained oxycodone tablets from a co-conspirator for resale in Albany County.

This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK - Jeffrey Butler, age 33, of Schenectady, New York, was sentenced today to serve 87 months in prison for receiving and possessing child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

United States District Judge Mae A. D’Agostino also sentenced Butler to 15 years of supervised release, to begin following his release from prison.

As part of his February 6, 2017 guilty plea, Butler admitted that he used the Internet and a peer-to-peer file sharing program to download child pornography. In his home, Butler possessed electronic devices that contained videos and still images depicting the sexual exploitation of children.

At sentencing today, Judge D’Agostino told Butler: “Many, many people continue to believe that viewing child pornography is a victimless crime. But it is important, I think, for the record to establish that what you were viewing, Mr. Butler, was horrendous crimes being committed against children who are real children. They're not fake, they're not three-dimensional caricatures, and it's not victimless. Because every time you view child pornography, you are prolonging and perpetuating the agony that these real children sustained when they were being tortured and raped as depicted in many of the images and films that you viewed.”

This case was investigated by HSI and 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 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/.

NEW YORK – Alfred Laquann “Merc” Thomas, 32, of Rome, New York, was sentenced today to serve 115 months in prison for his possession of ammunition as a convicted felon in connection with an August 2012 drive by-shooting in Syracuse, New York, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Vadim D. Thomas, FBI Albany Division of the Federal Bureau of Investigation (FBI). The defendant was also sentenced to serve three years of supervised release following his term of imprisonment.

After being acquitted on an unrelated September 2014 murder in Syracuse, Thomas admitted on Facebook that he had actually committed that murder. He repeated those admissions to federal agents. In sentencing the defendant today, United States District Judge Brenda Sannes noted Alfred Thomas’ long criminal record of offenses involving the use of violence including his admissions about that murder.

"The lengthy sentence reflects Thomas’s long record of violent crime including his admissions that he had killed someone after being acquitted in a state homicide prosecution. This successful prosecution is the result of outstanding collaboration and dogged persistence to bring him to justice by Assistant U.S. Attorney Richard Southwick, FBI, ATF, and Syracuse Police with assistance from the Onondaga County District Attorney’s Office,” said United States Attorney Richard S. Hartunian.

“People like Mr. Thomas terrorize and destroy our communities through violence,” Special Agent in Charge Vadim D. Thomas. “Today’s sentencing is the result of countless hours of hard work and dedication, and the FBI, together with our law enforcement partners, will continue to investigate individuals who jeopardize the safety of our communities through gun violence.”

December 23, 2016, Alfred Thomas pled guilty in Federal Court to being a convicted felon in possession of two 12-gauge shotgun shells. Thomas possessed the shells in his pants pocket after an August 16, 2012 drive-by shooting at 115 West Bissell Street, Syracuse. Several people, including an infant, were in the house at the time. Two expended 12-gauge shotgun shells were found in the rear seat of the car he had been driving, and the same caliber ammunition was used during the shooting. In addition, 911 callers identified Thomas and his car when they called to report the shooting. After learning about the defendant’s Facebook admissions, FBI and ATF Agents in Syracuse revisited the 2012 West Bissell Street drive-by shooting in light of federal law violations, which led to the current case in United States District Court.

This case was investigated by The Federal Bureau of Investigation (FBI), The United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Richard R. Southwick with assistance from the Onondaga County District Attorney’s Office.

ALBANY, NEW YORK – Uyiosa Eribo, age 42, and a citizen of Nigeria, was sentenced today to 10 months in jail for using a foreign bank account to accept money from fraud victims in the United States.

The announcement was made by United States Attorney Richard S. Hartunian and James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation.

United States District Judge Mae A. D’Agostino also ordered Eribo to pay $11,000 in restitution to his victims, and to pay a $3,000 fine.

Eribo pled guilty to international money laundering charges on February 1, 2017. He admitted that in 2014, he opened and maintained a bank account in the United Kingdom. He used this account to receive wire transfers from people in the United States knowing that the money he received was proceeds of Internet-based frauds targeting United States residents. Eribo’s conspirators, who were based in Nigeria and elsewhere, had the actual contact with the victims and directed that the victims send money to Eribo.

Among other things, Eribo received proceeds from a stolen identity federal income tax refund fraud, in which a New York married couple’s names, social security numbers and financial information were used without their authorization to file a fraudulent federal tax return and obtain a $482,000 tax refund from the United States Treasury Department. Eribo’s account received part of this tax refund.

This case was investigated by the New York Field Office of IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Michael Barnett.

PLATTSBURGH, NEW YORK – Mohammed Nurey Ibrahim, age 41, an Eritrean national and resident of Riyadh, Saudi Arabia, appeared yesterday on an indictment charging him with presenting a fraudulently obtained visa to a Border Patrol Agent.

The announcement was made by United States Attorney Richard S. Hartunian and Acting Director Christian J. Schurman of the State Department’s Diplomatic Security Service.

According to the indictment, on January 5, 2017, Ibrahim presented a fraudulently obtained United States non-immigrant tourist visa to a United States Border Patrol Agent in Champlain, New York. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

Ibrahim will be arraigned Tuesday in Plattsburgh, New York, before United States Magistrate Judge Gary L. Favro. He is detained pending arraignment and a detention hearing.

If convicted, Ibrahim would face 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.

This case is being investigated by the Department of State Diplomatic Security Service, United States Customs and Border Protection, United States Border Patrol, and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Elizabeth Horsman.

ALBANY, NEW YORK – Bryan Fish, age 22, of Schenectady, New York, pled guilty today to two counts of 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 Richard S. Hartunian 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, Fish admitted that he lied under oath to a federal grand jury investigating the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, that 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 Fish, Robert Butler, and Jennica Duell 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 Butler could remove a gas can and 3) later drove part of the way back to Saratoga Springs.

Fish is the fourth person to be convicted for lying to the federal grand jury investigating the 438 Hulett Street fire. On March 17, 2016, Edward Leon, age 44, 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, was sentenced to 11 years and 3 months in prison. Today, Richard Ramsey, age 48, of Saratoga Springs, New York, was sentenced to imprisonment for 87 months.

Fish faces up to 10 years in prison, as well as a maximum $500,000 fine and up to 3 years of post-imprisonment supervised release, when he is sentenced by Senior United States District Judge Gary L. Sharpe on September 11, 2017. 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.

United States Richard S. Hartunian said: “We will not let lies stand in the way of holding the perpetrators of this awful crime accountable and securing justice for victims and their families. We are committed to bringing this arson homicide investigation to an end by proving beyond a reasonable doubt who caused this horrific tragedy.”

ATF Special Agent in Charge Ashan M. Benedict said: “Providing false statements and testimony when lives have been lost and a small child has been severely injured served only to further victimize a family that had already suffered so much. We will not tolerate the actions of those who believe they can obstruct and hinder the discovery of the truth in this investigation, and our resolve to bring the perpetrators of this barbaric arson to justice will not wane.”

The charges resulted from an ongoing investigation being conducted by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. 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

ALBANY, NEW YORK – Richard Ramsey, age 48, of Saratoga Springs, New York, was sentenced today to 87 months in prison for providing false testimony to a federal grand jury investigating a fire that killed four people in Schenectady and seriously injured another.

The announcement was made by United States Attorney Richard S. Hartunian 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 Gary L. Sharpe also imposed a 3-year term of supervised release, to begin after Ramsey’s release from prison.

As part of his guilty plea on February 17, 2017, Ramsey admitted that he made irreconcilably contradictory statements under oath before a grand jury conducting an investigation into the May 2, 2013 arson at 438 Hulett Street in Schenectady, New York, which caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.

Ramsey is the third person to be convicted and sentenced for lying to the federal grand jury investigating the fire. On March 17, 2016, Edward Leon, age 44, of St. Johnsville, New York, was sentenced to 10 years in prison. On September 12, 2016, Jennica Duell, age 29, of Schenectady, was sentenced to 11 years and 3 months in prison.

A fourth person, Bryan Fish, age 22, of Schenectady, pled guilty today to perjury charges and will be sentenced on September 11, 2017.

The investigation into the fatal fire is ongoing.

United States Richard S. Hartunian said: “We will not let lies stand in the way of holding the perpetrators of this awful crime accountable and securing justice for victims and their families. We are committed to bringing this arson homicide investigation to an end by proving beyond a reasonable doubt who caused this horrific tragedy.”

ATF Special Agent in Charge Ashan M. Benedict said: “Providing false statements and testimony when lives have been lost and a small child has been severely injured served only to further victimize a family that had already suffered so much. We will not tolerate the actions of those who believe they can obstruct and hinder the discovery of the truth in this investigation, and our resolve to bring the perpetrators of this barbaric arson to justice will not wane.”

Ramsey admitted that, on October 11, 2013 and January 10, 2014, he testified regarding specific events that occurred on May 1-2, 2013. On May 5, 2016, Ramsey gave irreconcilably contradictory testimony about those events. The events included declarations that Ramsey had allowed another man, Robert Butler, to use Ramsey’s car to drive from Saratoga Springs to Schenectady in the early morning hours of May 2, 2013. Specifically, Ramsey admitted that:

• On October 11, 2013, Ramsey’s testimony about the events of May 2, 2013 included the following:

On May 1, 2013, at approximately noon, Butler and Ramsey met in person in Saratoga Springs. At that time, Butler asked to borrow Ramsey’s car, and Ramsey agreed. Ramsey was awakened on May 2, 2013 at approximately 3 a.m. to the sound of his car starting, looked outside his window, and saw that it was gone from its parking space. Ramsey assumed Robert Butler had taken the car, as they had discussed on May 1, 2013, and went back to bed. At 7 a.m., Ramsey woke and the car was back in its parking spot. Ramsey inspected the car and discovered that the spare key, which he normally kept in the glove compartment, was still in the ignition. Ramsey had, on an earlier occasion, told Robert Butler he kept a spare key in the glove compartment of the car.

• On January 10, 2014, Ramsey’s testimony about the events of May 2, 2013 included the following:

On May 1, 2013, between 11:30 and 12 at night, Butler called Ramsey and asked to borrow Ramsey’s car. Ramsey agreed, told Butler that he would drive the car to Jefferson Terrace in Saratoga Springs, park it there, and leave the keys on the floorboard, and did so. A third party who lived at Jefferson Terrace drove Ramsey back to work. On May 2, 2013, Ramsey returned to pick up the car and saw that it was not parked in the same spot and had only a half tank of gas instead of a full tank of gas.

• On May 5, 2016, Ramsey’s testimony about the events of May 2, 2013 included the following:

Ramsey’s testimony on October 11, 2013, about the events of May 1-2, 2013, was untrue. Butler did not ask to borrow Ramsey’s car on May 1, 2013. Ramsey did not wake up at 3 a.m. on May 2, 2013 and hear his car being driven off. Ramsey did not find his spare key in the ignition of his car on the morning of May 2, 2013.

Ramsey’s testimony on January 10, 2014, about the events of May 1-2, 2013, was untrue. Ramsey did not drive his car and park it at Jefferson Terrace on May 1, 2013. Ramsey did not pick up his car at Jefferson Terrace on May 2, 2013 and did not discover that it had a half tank of gas instead of a full tank of gas.

The charges resulted from an ongoing investigation being conducted by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. 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 – Michelle Gulla, 54, of Marcy, New York, was sentenced today to serve 5 years’ probation and ordered to repay $22,344.86 in restitution to the U.S. Veterans Administration, announced United States Attorney Richard S. Hartunian. The sentence followed her January 31, 2017 guilty plea to theft of public money.

As part of her guilty plea, Gulla admitted that between January of 2014 and April of 2016, she unlawfully withdrew $22,344.86 from the bank account of her deceased mother. All of the money withdrawn was the result of overpayment made by the U.S. Veteran’s Administration (“VA“), which continued to deposit surviving spouse benefits monthly into her mother’s account even after her death in January of 2014, because the VA had not received notification of her expiring. Michelle Gulla knew at the time that she had no right to the $22,344.86 in Veteran’s Administration benefits, which money she stole and converted to her own use through hundreds of ATM cash withdrawals, including thousands of dollars at casinos in New York and in Las Vegas, Nevada.

This case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Donna L. Neves, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius.

SYRACUSE, NEW YORK – William “Bill” Saiff, III, (53), of Henderson, New York, pled guilty today in federal court in Syracuse to two counts of violating the Migratory Bird Treaty Act by guiding waterfowl hunts over baited ponds for profit on two separate occasions in October 2015. The guilty plea was announced by United States Attorney Richard S. Hartunian, Honora Gordon, Special Agent in Charge, Northeast Region, U.S. Fish and Wildlife Service, Office of Law Enforcement, and Joe Schneider, Director of Law Enforcement, New York State Department of Environmental Conservation.

The defendant is a professional hunting guide whose website advertises that for eighteen years he “hosted the popular hunting and shooting sports program Cabin Country as seen on Public Television Stations across the country.” Saiff is also the owner and operator of Bill Saiff Outdoors and Seaway Waterfowl Professionals.

In a written plea agreement, Saiff admitted that on October 27, 2015, he guided a hunting party over a baited pond in the Town of Cape Vincent, in Jefferson County, New York. Saiff had previously installed an underwater trough at the pond to hold bait. As part of his guilty plea today Saiff admitted that prior to the hunt he stocked the trough with corn to attract waterfowl to the pond. Investigators found the hidden trough stocked with corn one day prior to the hunt. Before they were approached by investigators who stopped the hunt, Saiff’s hunting party shot and killed several protected waterfowl.

Saiff also admitted that on October 31, 2015, he guided a hunting party over a baited pond in the Town of Rodman in Jefferson County. Saiff acknowledged that he placed approximately 50 pounds of corn along the shoreline of the pond less than ten days prior to that hunt. Saiff’s hunting party killed several protected birds, including geese and ducks, before a law enforcement officer intervened and seized the dead waterfowl.

As part of the  guilty plea today, the government and Saiff agreed to recommend a sentence of a $5,000 fine and a term of probation, that would prohibit Saiff from any hunting or guiding activities (other than fishing) until January 1, 2019. Saiff also agreed to make charitable donations totaling $10,000 to non-profit wildlife organizations of his choice. United States Magistrate Judge Thérèse Wiley Dancks will sentence Saiff on a date to be scheduled in the future. The defendant could face a maximum prison sentence of up to one year and a fine of up to $100,000 per count.

United States Attorney Hartunian said, “We commend the U.S. Fish and Wildlife Service and the New York State Department of Environmental Conservation for their thorough investigation of this case, which reinforces the principle that the law applies to everyone. Game laws protect the rights of all hunters and are intended to preserve the nation’s wildlife resources for future generations.” Special Agent in Charge Gordon stated, “The result of this case demonstrates our commitment to enforcing wildlife laws together to protect waterfowl and ensure hunting opportunities for the future.”

This case was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement and the New York State Department of Environmental Conservation, Division of Law Enforcement, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Miguel De Jesus Garcia, age 36, and a citizen of Mexico, was sentenced today to time served (40 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, De Jesus Garcia admitted that he is a citizen of Mexico, and that he returned to the United States without permission after he was previously removed from the United States, and back to Mexico, in 2012. In April 2017, ICE Officers arrested De Jesus Garcia in Saratoga Springs, New York, where he had been living.

Following his sentencing, De Jesus Garcia was transferred to the custody of the Department of Homeland Security, which will place him into removal proceedings.

This case was investigated by ICE-ERO in Latham, New York, and prosecuted by Assistant United States Attorney Michael Barnett.

SYRACUSE, NEW YORK – Maria Martinez, a/k/a Maria Josefa Munagorri Diaz, age 49, of Madrid, Spain, was sentenced today to 15 months in prison for attempting to illegally re-enter the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.

In 2002, Martinez was convicted of conspiracy to distribute cocaine in the Northern District of Ohio. After serving 32 months in prison, she was removed from the country. As a result of her conviction, Martinez was not allowed to re-enter the United States.

On August 8, 2016, Martinez presented herself at the Champlain Port of Entry for admission to the United States and presented a passport in the name “Maria Josefa Munagorri Diaz.” A fingerprint scan of Martinez, conducted by United States Customs and Border Protection Officers, resulted in the discovery of her criminal history and prior deportation.

Following her term of imprisonment, Martinez will be transferred to the custody of the Department of Homeland Security, which will place her into removal proceedings.

This case was investigated by United States Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Otoniel Perez-Gonzalez, age 29, and a citizen of Mexico, pled guilty yesterday to illegal re-entry into the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

Perez-Gonzalez was removed from the United States to Mexico on three prior occasions, the most recent removal occurring on March 8, 2009. On April 27, 2017, he was a passenger in a minivan that was stopped by Border Patrol in Ellenburg, New York. A fingerprint check of Perez-Gonzalez resulted in the discovery of the prior removals.

Aa result of his conviction, Perez-Gonzalez faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior U.S. District Court Judge Thomas J. McAvoy on August 16, 2017. 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.

SYRACUSE, NEW YORK – A jury voted today to convict Nikolay Souslov, a/k/a Nikolay Glukhov, a/k/a Nikolai Kuznetsov, a/k/a Nikolai Burov, age 70, and a citizen of Russia, of alien smuggling, following a four-day trial.

The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, Border Patrol, Swanton Sector.

Souslov faces up to 10 years in prison, as well as post-imprisonment supervised release of up to 3 years, when he is sentenced on October 4, 2017 by Chief United States District Judge Glenn T. Suddaby. 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. Souslov has been in custody since his arrest.

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 at nighttime. Souslov, who is experienced in orienteering, used only a compass to guide the illegal entrants through the woods to a pickup spot, from which they were transported to New Jersey. On October 19, 2016, Border Patrol arrested Souslov as he was leading someone into the United States. While convicting Souslov of alien smuggling, the jury acquitted him of smuggling for financial gain.

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

ALBANY, NEW YORK – Daron Murray, age 22, and a citizen of Jamaica, pled guilty yesterday to mail fraud, and conspiracy to commit mail and wire fraud, for his role in a Jamaica-based lottery scam that targeted elderly victims.

The announcement was made by United States Attorney Richard S. Hartunian; Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service, Boston Division; and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his plea, Murray admitted that, between December 2012 and October 2014, he and others carried out an advance-fee scheme by falsely informing elderly victims in the United States that they had won the lottery and that, to claim their winnings, they first needed to pay taxes and fees. For instance, while in Jamaica, Murray repeatedly called a 92-year-old blind victim from Pittsfield, Massachusetts, and instructed the victim to make advance payments to process paperwork and claim millions of dollars in purported winnings from the New York Lottery. The victim sent $20,000 to one of Murray’s conspirators who lived in Albany, New York.

Murray faces up to 20 years in prison, 3 years of post-imprisonment supervised release, and a $250,000 fine when he is sentenced by United States District Judge Mae A. D’Agostino on October 3, 2017. A defendant’s 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.

This case was investigated by the United States Postal Inspection Service and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Sean O’Dowd.

ALBANY, NEW YORK – Dr. Michael Esposito has agreed to pay $100,000 for billing Medicare despite his exclusion from all federal health care programs, announced United States Attorney Richard S. Hartunian. Dr. Esposito is an endocrinologist who treated patients in the Capital Region until earlier this year, when the New York State Board of Professional Medical Conduct ordered him to stop practicing medicine because he had engaged in professional misconduct.

Medicare is a federally funded program that subsidizes health insurance for the elderly and disabled. In December 2016, Dr. Esposito entered into an agreement with the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG) to resolve allegations that he had forged the signature of another physician on prescriptions for opioids and other prescription drugs for himself and another individual that were paid for by Medicare. As a condition of that agreement, Dr. Esposito was excluded for five years from participating as a provider with Medicare and all other federal health care programs. As a result of his exclusion, Dr. Esposito was prohibited from billing such programs for his medical services.

As part of today’s settlement, Dr. Esposito admitted that he continued to bill Medicare for services over a two-month period following the effective date of his exclusion and acknowledged that his conduct violated both his agreement with HHS-OIG and the False Claims Act. In addition to paying $100,000, Dr. Esposito agreed to be excluded from Medicare and all other federal health care programs for 15 years.

“As today’s settlement demonstrates, my office will hold accountable those who submit false claims for payment to government programs,” said U.S. Attorney Hartunian. “We will continue to use the False Claims Act to pursue those who knowingly bill federal health care programs for services furnished, ordered, or prescribed by excluded providers.”

“This settlement is another example of our commitment to holding health care providers accountable for their actions,” said Special Agent in Charge Scott J. Lampert of HHS-OIG’s New York Region. “HHS-OIG will continue to protect the integrity of our nation’s federally funded health care programs, and ensure that those who submit claims to those programs do so in an honest manner.”

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York and HHS-OIG. The United States was represented by Assistant U.S. Attorney Adam J. Katz.

ALBANY, NEW YORK – David J. Rancourt, age 62, of Palmer, Massachusetts, was sentenced today to 188 months in prison for attempted coercion and enticement of a minor for prohibited sexual activity, and distribution, receipt and possession of child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

On November 23, 2016, Rancourt pled to all 12 counts of an indictment charging him with the child exploitation crimes before United States District Judge Mae A. D’Agostino. As part of his plea, Rancourt admitted that he posted an online advertisement, “Dad looking for a son,” seeking sexual role-play encounters with a boy. Following email and instant message exchanges with a Colonie Police Department officer acting undercover, Rancourt travelled to Albany to meet a person he believed to be a 14-year-old boy to engage in sexual activities. He also sent and received child pornography using a phone-based instant messaging application and possessed child pornography on his phone.

Judge D’Agostino also imposed a life term of supervised release, which will start after Rancourt is released from prison. As a result of his conviction, Rancourt will also be required to register as a sex offender after leaving prison.

Judge D’Agostino also ordered restitution of $3,000 to several child pornography victims who submitted restitution requests based on Rancourt’s possession of images depicting their abuse.

This case was investigated by the FBI and the Colonie Police Department, and was prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.

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/.

ALBANY, NEW YORK – A jury voted today to convict William “True” Hilts, age 52, of Schenectady, New York, of conspiracy to distribute crack cocaine and heroin, and distribution of crack cocaine and heroin, following a four-day jury trial.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

Hilts, who has several felony convictions for drug trafficking, faces at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of between 8 years and life, when he is sentenced on September 11, 2017 by Senior United States District Judge Thomas J. McAvoy.

The evidence at trial showed that, from October 2015 through February 2016, Hilts conspired with his nephew, Elijah Jones, to distribute crack cocaine and heroin from their shared residence on Paige Street, next to a children’s daycare. Law enforcement officers recovered more than 80 grams of crack cocaine and more than 600 bags of heroin during the investigation. Jones pled guilty on May 10 to a conspiracy charge and faces at least 5 years and up to 40 years in prison.

This case was investigated by the DEA and the Schenectady County Sheriff’s Department, and is being prosecuted by Assistant United States Attorneys Wayne A. Myers and Joseph A. Giovannetti.

ALBANY, NEW YORK – Keith J. Bleau, age 51, of Johnsonville, New York, was arrested on Tuesday on charges of receiving and possessing child pornography. Today, Bleau appeared before United States Magistrate Judge Daniel J. Stewart and was detained pending trial.

The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

The criminal complaint alleges that between May 16, 2012 and May 16, 2017, Bleau used a peer-to-peer file sharing program and the Internet to download multiple child pornography movies. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

If convicted of all charges, Bleau faces at least 5 years and up to 20 years in prison, post-imprisonment supervised release of at least 5 years and up to life, and a maximum $250,000 fine, Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.

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

ALBANY, NEW YORK – Jayquan Tomer, age 25, of Schenectady, New York, was sentenced today to 10 years in prison for conspiring to distribute crack cocaine.

The announcement was made by United States Attorney Richard S. Hartunian 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 Lawrence E. Kahn also imposed an 8-year term of supervised release, to begin after Tomer’s release from prison, and ordered him to forfeit $3,000 in proceeds from his crimes.

As part of his plea, Tomer admitted that he conspired with others to distribute and did distribute a total of 43 grams of crack cocaine to another person in Schenectady on three occasions in August 2013.

This case was investigated by the FBI and its Capital District Safe Streets Task Force, and was prosecuted by Assistant U.S. Attorney Sean O’Dowd.

ALBANY, NEW YORK – Ilie Sitariu, age 37, and a citizen of Romania, was sentenced today to 48 months in prison for working with others to steal account information and personal identification numbers (PINs) from people using ATMs in the Capital Region.

The announcement was made by U.S. Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Sitariu admitted that from August 30, 2015 through October 24, 2015, he and a co-conspirator secretly installed skimmers and pinhole cameras on ATMs at the Chatham, New York, branch of First Niagara Bank, the Delmar, New York, branch of Trustco Bank, and the Great Barrington, Massachusetts, branch of Berkshire Bank. As customers used the ATMs, Sitariu and co-conspirators stole customers’ account information with the skimmers and their PINs with the cameras. They then used that stolen information at ATMs in New York City to withdraw money from the customer accounts. The total amount stolen was $127,389.

Senior United States District Judge Lawrence E. Kahn also ordered that Sitariu, who has been in custody since his October 2015 arrest, serve 2 years of post-imprisonment supervised release, and pay $127,389 in restitution to First Niagara Bank, Trustco Bank, and Berkshire Bank.

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

ALBANY, NEW YORK – Elijah Jones, age 30, of Schenectady, New York, pled guilty yesterday to conspiring to distribute crack cocaine and heroin.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

As part of his guilty plea, Jones admitted that, in 2015 and 2016, he conspired with others to distribute crack cocaine and heroin in Schenectady. Jones acknowledged that he obtained crack cocaine and heroin from suppliers and worked with a partner to distribute these drugs to customers out of a residence on Paige Street in Schenectady.

Jones, who is in custody, faces 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. Sentencing is scheduled for September 11, 2017 in Albany before 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 DEA and the Schenectady County Sheriff’s Department, and is being prosecuted by Assistant United States Attorneys Wayne A. Myers and Joseph A. Giovannetti.

ALBANY, NEW YORK – Ramiro Martinez-Chacon, age 43, and a citizen of El Salvador, was sentenced today to time served (92 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Martinez-Chacon admitted that he was a citizen of El Salvador, and that he returned to the United States after he was previously removed to El Salvador. Martinez-Chacon was removed from the United States to El Salvador on December 19, 2000.

On February 7, 2017, Martinez-Chacon was arrested by ICE officers in Hudson, New York, where he had been residing.

Following his sentencing, Martinez-Chacon was remanded to the custody of the Department of Homeland Security, which will place Martinez-Chacon into removal proceedings.

This case was investigated by ICE-ERO in Latham, New York, and prosecuted by Assistant United States Attorney Edward P. Grogan.