Northern District of New York

ALBANY, NEW YORK – Marc T. Woodley., age 32, of Plattsburgh, New York, was sentenced today to 16 months in prison following his conviction for unlawfully possessing a shotgun.

The announcement was made by United States Attorney Richard S. Hartunian; Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Plattsburgh Police Chief Ken Parkinson.

Woodley was sentenced for possessing a Mossberg shotgun on June 22, 2015 after he called Plattsburgh Police to report a burglary at his apartment. Responding officers found nearly a pound of marijuana and the shotgun in Woodley’s bedroom. A further search of Woodley’s apartment revealed multiple smoking devices and a digital scale. As part of the burglary investigation, officers determined that an additional one and a half pounds of marijuana had been stolen from Woodley. As a user of marijuana, a controlled substance, Woodley was federally prohibited from possessing the Mossberg shotgun.

Chief United States District Judge Glenn T. Suddaby also ordered Woodley to serve 3 years of post-imprisonment supervised release.

This case was investigated by the Plattsburgh Police Department with assistance from the ATF, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK –Harpushpinder Singh, age 46, of Richmond Hill, New York, was sentenced Friday to time served (9 months in jail) as a result of his trial conviction for transporting aliens unlawfully present in 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.

Singh, an Indian citizen residing in Richmond Hill, Queens, was convicted after trial in October 2016 of transporting two Indian citizens who were in the country illegally, from Champlain, New York, until he encountered the Border Patrol immigration checkpoint on Interstate 87 in North Hudson, New York.

Singh had been incarcerated since his arrest on June 12, 2016. As part of his sentence issued by U.S. District Judge Mae A. D’Agostino, Singh will also serve one year of post-imprisonment supervised release.

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

SYRACUSE, NEW YORK - Michael Kimball, age 29, of Plattsburgh, New York, was sentenced today to 10 years and 1 month in prison for distributing, transporting, and possessing 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.

As part of his guilty plea on October 20, 2016, Kimball admitted that he distributed child pornography to others over the Internet, downloaded child pornography, and saved it to electronic devices. Kimball worked at a daycare facility prior to his arrest on child pornography charges.

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

This case was investigated by the FBI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Katherine Kopita.

This case is 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 – Robert Twiss, age 59, of Earlton, New York, pled guilty today to being a felon in possession of a firearm.

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.

As part of his guilty plea, Twiss admitted that on October 24, 2016, he possessed, at his residence, a Plainfield M-1, Model 41 semi-automatic rifle. As a felon, Twiss could not possess the Plainfield rifle.

Twiss faces up to 10 years in prison, a fine of up to $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for August 15, 2017 before Senior U.S. District Judge Thomas J. McAvoy.

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

ALBANY, NEW YORK – Bobbi A. Constantine, formerly Robert Bove, age 49, of Albany, New York, pled guilty today to making false statements in connection with a federal employment application. Constantine also appeared today on a new criminal complaint charging her with wire fraud and Social Security Supplemental Security Income (SSI) fraud.

The announcements were made by United States Attorney Richard S. Hartunian; Inspector in Charge Shelly A. Binkowski, U.S. Postal Inspection Service (USPIS), Boston Division; and Eileen Neff, Special Agent in Charge of the Northeast Area for the United States Postal Service, Office of the Inspector General (USPS-OIG).

As part of her guilty plea in the false statements case, Constantine admitted that, in May 2016, she submitted an application for employment to the United States Postal Service in Troy, New York. That application contained two false statements: (1) that she had never been convicted of a crime and (2) that she was employed from September 2000 to “present” as an administrative assistant. In fact, Constantine had multiple criminal convictions, and was not continuously employed during that time.

Constantine, who has been detained since her September 2016 arrest, is scheduled to be sentenced by Senior United States Judge Thomas J. McAvoy on June 12, 2017. She faces up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

In the wire fraud and SSI fraud case, the complaint alleges that Constantine defrauded mortgage and automobile lenders by falsely portraying herself as the sole beneficiary of a trust with assets of more than $12 million. According to the complaint, she used fraudulent trust documents to, among other things, purchase a home in Albany, a condominium in Myrtle Beach, South Carolina, and two new vehicles. If convicted of wire fraud, Constantine would face up to 20 years in prison, a maximum $250,000 fine, and a term of supervised release of up to 3 years.

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

The complaint also alleges that Constantine applied for SSI benefits in March 2014, claiming that she suffered from impairments, including deafness, that caused her to be unable to work. Constantine was awarded SSI benefits in May 2014. During a February 2015 continuing eligibility review, according to the complaint, Constantine claimed to have received no income since her initial May 2014 eligibility review, and failed to disclose that she had received numerous checks and wires totaling $40,000, into a trust account she concealed from the Social Security Administration. Had Constantine disclosed her resources, or her purchase of a second home in South Carolina, her SSI payments would have been reduced or terminated. If convicted of SSI fraud, Constantine would face up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years.

These cases are being investigated by the USPIS, the USPS-OIG, the New York State Police, and the Social Security Administration-Office of Inspector General, and are being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

SYRACUSE, NEW YORK - Vantroy Nelson, 36, of Watertown, New York, was sentenced yesterday to serve forty-two 42 months (3 ½ years) in prison following his guilty plea to possession of a firearm by a convicted felon, announced United States Attorney Richard S. Hartunian and Ashan M. Benedict, Special Agent in Charge of the New York Field Division, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The charges stemmed from an incident on December 21, 2013 where Nelson fired a shotgun from the back porch of a residence in the city of Watertown, New York. Nelson was also ordered to serve three (3) years of supervised release following his prison sentence.

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

BINGHAMTON, NEW YORK - Nathan E. Boguhn, 50, of Vestal, New York, pled guilty yesterday to three (3) counts of distributing and receiving child pornography via the internet and using a file sharing program, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Vadim Thomas, Albany Division of the Federal Bureau of Investigation (FBI). During his guilty plea before Senior Judge Thomas J. McAvoy, Boguhn admitted that in 2016 he downloaded child pornography from the internet and allowed others access to this material through a file sharing program he maintained.

At sentencing on July 18, 2017 Boguhn faces minimum sentence of five (5) years and up to twenty (20) years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Boguhn remains in the custody of the U.S. Marshal’s Service pending sentencing.

This case is being investigated by the Mid-State Child Exploitation Task Force, which includes the FBI and the New York State Police, with assistance provided by the Town of Vestal (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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 –Audrey Bush, 46, of Akwesasne, Quebec, was sentenced yesterday to serve ten (10) months imprisonment, to be followed by three (3) years of supervised release in connection with her plea of guilty to two counts of Transporting Illegal Aliens, announced United States Attorney Richard S. Hartunian and United States Border Patrol Agent in Charge (Ogdensburg) Timothy Morgan. The defendant’s sentence included forfeiture of $1000, the fee she received for driving the aliens to Syracuse, New York.

As part of her guilty plea on November 9, 2016, Bush admitted to knowingly transporting two (2) Chinese citizens within the United States. Bush admitted that she picked up the two aliens at the Akwesasne Reservation and began to drive them to Syracuse, New York. Law enforcement officers stopped her vehicle in Hammond, New York, at which time the aliens were identified and determined to be in the United States illegally after crossing the St. Lawrence River from Canada without inspection by U.S. Immigration officers.

The case was investigated by the United States Border Patrol (Ogdensburg, NY Station) and prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Aaron M. Bowman, age 33, of Middleburgh, New York, was sentenced today to 27 months in prison after pleading guilty to unlawfully possessing a firearm that he advertised for sale on Facebook.

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and New York State Police Superintendent George P. Beach II.

As part of his plea on November 3, 2016, Bowman admitted that on March 11, 2016, he possessed a Smith & Wesson model 432PD .32 caliber revolver, and ammunition for 3 types of firearms. Six months earlier, Bowman had posted photos of the same revolver to his Facebook page and offered to sell it. As a felon Bowman was prohibited from possessing the revolver and ammunition; this is his sixth felony conviction.

U.S. District Judge Mae A. D’Agostino also ordered Bowman to serve 3 years of supervised release, to begin after his release from prison.

This case was investigated by the ATF and New York State Police, with the assistance of the Schoharie County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Jeremy Lillie, age 32, of Melrose, New York, was sentenced today to 60 months in prison for distributing, receiving and possessing child pornography.

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

Senior U.S. District Judge Gary L. Sharpe imposed the sentence, which followed Lillie’s September 6, 2016 guilty plea to distributing, receiving, and possessing child pornography.

United States Attorney Richard S. Hartunian stated: “We will continue to work with the FBI and our other law enforcement partners to protect children from online exploitation and abuse.”

FBI Special Agent in Charge Vadim Thomas stated: “The FBI together with our law enforcement partners and prosecutors are dedicated to protecting the children of our community.”

Judge Sharpe also imposed a lifetime term of supervised release to start after Lillie is released from prison, and ordered the immediate payment of $15,000 in restitution. The restitution order of $15,000 is the total amount requested by the two child pornography victims who were identified and submitted requests for restitution. Lillie possessed images of many other children who either have not yet been identified or who did not seek restitution in this case. As a result of his conviction, Lillie will be required to register as a sex offender after leaving prison.

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 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/.

BINGHAMTOM, NEW YORK - Jared Flanders, 34, of Johnson City, New York, pled guilty today in federal court in Binghamton, New York, to twelve (12) counts of distributing child pornography videos and images via the internet, announced United States Attorney Richard S. Hartunian and Special Agent in Charge James Spero, Department of Homeland Security, Homeland Security Investigations (HSI). Flanders will be sentenced on July 19, 2017 and remains in the custody of the U.S. Marshal’s Service.

Flanders faces a minimum sentence of five (5) years and up to twenty (20) years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Department of Homeland Security, Homeland Security Investigations (HSI), and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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

ALBANY, NEW YORK – “The Attorney General has graciously permitted me to remain as United States Attorney for the Northern District of New York through June of 2017 so that I can complete twenty years of service to the Department of Justice,” announced United States Attorney Richard S. Hartunian. “We will work diligently to combat violent crime, promote border security, and otherwise fulfill the mission and implement the law enforcement priorities of the Department of Justice. I am very grateful to the Attorney General and the Administration for this opportunity to finish up a twenty-year career and I will do everything I can to assist in the orderly transition to my successor,” said Hartunian.

Mr. Hartunian became an Assistant United States Attorney in 1997. He served as the Northern District’s Narcotics Chief and Organized Crime Drug Enforcement Task Force Coordinator from 2006 until his appointment as United States Attorney in 2010. Prior to joining the U.S. Attorney’s Office, Hartunian 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.

SYRACUSE, NEW YORK - Ricardo Davis, 28, of Syracuse, New York, was sentenced yesterday to serve 110 months (9 years and two months) in prison for his possession of a firearm by a convicted felon, announced United States Attorney Richard S. Hartunian. Davis had previously admitted that he fired the firearm, a semiautomatic 9 mm pistol, in connection with a dispute with another man in Syracuse. Units of the Syracuse Police Department responded to a report of “shots fired” and arrested Davis after a short foot chase. Davis’s prior criminal record includes three (3) previous drug related felony level convictions. Chief United States District Judge Glenn T. Suddaby, who imposed sentence, ordered that Davis’s term of incarceration is to be served in addition to his current state prison sentence for a parole violation. As part of his sentence, Davis will also serve a term of three (3) years of supervised release following his federal prison sentence. 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – Donald Grant, 40, of Binghamton, New York, was sentenced today to serve fifteen (15) months in prison for preparing a false tax return and attempting to interfere with the administration of Internal Revenue Laws.

The announcement was made by United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.

U.S. District Judge David N. Hurd also sentenced Grant to a one (1) year term of supervised release, to begin after his release from prison, and also ordered him to pay $107,045 in restitution to the Internal Revenue Service.

On November 4, 2016, Grant pled guilty to one count of preparing a false tax return and one count of attempting to interfere with the administration of Internal Revenue Laws. As part of his plea, Grant admitted that over the course of four years, he prepared twenty-seven (27) tax returns that contained false information, causing taxpayers to receive more than $100,000 in refunds they were not entitled to. Grant also admitted that he interfered with the IRS-Criminal Investigation’s inquiry into the returns he prepared and filed by providing a client with a counterfeit profit and loss statement, encouraging clients to provide false information to investigators, and providing false information, himself, when interviewed by an IRS-Criminal Investigation Special Agent.

This case was investigated by the New York Field Office (Syracuse) of the IRS-Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Robert Levine.

ALBANY, NEW YORK – Michael Telford, age 47, of Cambridge, New York, was sentenced today to 96 months in prison for distributing, 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).

The sentence was issued by U.S. District Judge Mae A. D’Agostino, and followed Telford’s guilty plea, on October 24, 2016, to a 3-count indictment charging him with distributing, receiving, and possessing child pornography.

Judge D’Agostino also imposed a 20-year term of supervised release to start after Telford is released from prison. She reserved judgment on any order of restitution, noting that 6 child pornography victims – whose images Telford possessed -- had submitted requests for restitution. As a result of his conviction, Telford will be required to register as a sex offender after leaving prison.

As part of his guilty plea, Telford admitted that on December 27, 2013, he used an online chat program to exchange videos including child pornography with a person in the United Kingdom; that between April 24, 2015 and June 4, 2015, he received video files containing child pornography using an online chat program; and that he saved child pornography on two digital devices. In sentencing Telford, Judge D’Agostino told him that his offenses made him a member of a group of people who ensure that “these children will have images of the worst times in their lives posted on the Internet,” and that these children will continue to suffer from the “endless crime” of the distribution and redistribution of those images.

This case was investigated by HSI and the New York State Police, 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/.

ROCHESTER, NEW YORK – Tony Ivey, age 53, of Rochester, New York, was sentenced today to 20 months in prison for threatening to kill an Assistant United States Attorney.

The announcement was made by United States Attorney Richard S. Hartunian of the Northern District of New York, whose office handled the prosecution.

On June 14, 2016, Ivey called the Rochester Branch Office of the United States Attorney’s Office for the Western District of New York, and threatened to kill an Assistant United States Attorney (AUSA) with an assault rifle. Prior to the threat, the AUSA had explained to Ivey that he could not directly assist Ivey with the complaint Ivey had called about and attempted to refer Ivey to an agency that could assist him.

Chief United States District Judge Frank P. Geraci, Jr., of the Western District of New York, also imposed a 3-year term of post-imprisonment supervised release.

This case was investigated by the United States Marshals Service for the Western District of New York, and was prosecuted by Assistant U.S. Attorney Geoffrey Brown of the Northern District of New York.

ALBANY, NEW YORK – Sid Ahmed Ould Denane Ould Sid Ahmed, age 43, formerly of New York, New York, was sentenced today to time served (70 days in jail) for illegally re-entering 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.

In July 2016, Ahmed had left the United States while an order of removal was pending against him, making him ineligible to re-enter the country without the permission of the Department of Homeland Security. On December 27, 2016, Ahmed was arrested by United States Border Patrol Agents after he entered the United States without inspection in the area of Roxham Road in Champlain, New York.

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

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

SYRACUSE, NEW YORK – Keith Seppi, age 58, of Conneaut, Ohio, pled guilty today to using a destructive device during and in relation to a crime of violence and possessing a destructive device in furtherance of a crime of violence.

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.  

Sentencing is scheduled in U.S. District Court on July 5, 2017 at 10:30 a.m. before United States District Judge Brenda K. Sannes.   According to the terms of the plea agreement, Seppi will be sentenced to at least 30 years of imprisonment. 

As part of his guilty plea, Seppi admitted that he built a bomb at his Ohio home that would be activated by motion and disguised it to look like a standard parcel package.  He admitted that he brought the bomb from Ohio to Floyd, Oneida County, New York, where he put it in the victim’s driveway around midnight on May 28, 2016, intending that it would explode when it was moved.  The next morning, the victim attempted to pick up the package and the bomb exploded, causing severe injuries and burns.  The victim survived but was hospitalized for several weeks.

In his plea agreement, Seppi also admitted that in May 2016, and prior to the bombing, he had learned that the victim, Alan Dobransky, had accused Seppi’s sister-in-law of stealing money from Dobransky’s mother and had threatened to report the alleged thefts to law enforcement authorities in Ohio.  Dobransky’s mother had been living with and cared for by that sister-in-law in her Conneaut, Ohio, residence.  Shortly after learning of the theft accusations against his sister-in-law, and the threat to report the alleged thefts to local law enforcement authorities in Ohio, Seppi constructed the bomb and later planted it in Dobransky’s driveway in New York. 

United States Attorney Richard S. Hartunian stated: "The defendant’s building and use of a lethal bomb, as part of a plan to intimidate and prevent the victim from reporting a theft to the police, was a terrifying and despicable crime that requires the lengthy prison sentence that he will receive.  I am grateful for the nearly miraculous survival of the victim, as well as the effective investigation by law enforcement at the local, state, and federal levels, resulting in the quick identification and prosecution of the defendant." 

ATF Special Agent in Charge Ashan M. Benedict stated: "Keith Seppi committed a targeted, cowardly attack against Mr. Dobransky with a destructive device disguised as a package, which was intended to inflict, at a minimum, severe injury.  His motive was to prevent Mr. Dobransky from reporting crimes committed by Seppi's sister-in-law.  Such acts of violence will not be tolerated. Thanks to the superb efforts of the ATF Special Agents, Sheriff's Deputies, and New York State Police Investigators involved in the investigation, Seppi was quickly apprehended.  Today’s plea is a testament to the quality and comprehensiveness of their investigation.  We extend our well wishes to Mr. Dobransky and his family, and our gratitude to the United States Attorney's Office and the Oneida County District Attorney's Office for their partnership and diligence in seeing that justice is done."

Oneida County District Attorney Scott McNamara stated: "I would first like to recognize the victim, Alan Dobransky, as we all continue to wish him a full and speedy recovery from the injuries sustained as a result of this bombing.

"I would like to thank all of the members of local, state and federal law enforcement who spent countless hours to identify the perpetrators of this heinous attack and bring them to justice.  In particular, I would like to thank the Oneida County Sheriff's Office, New York State Police, New York State Department of Corrections and Community Supervision, Office of Special Investigations, City of Utica Police Department, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Ashtabula Sheriff and Prosecutor (OH), Conneaut Police (OH).

"I would also like to thank U.S. Attorney Rick Hartunian and his Office, particularly Assistant U.S. Attorneys Steve Green and Nico Commandeur, for taking the lead on the investigation of federal charges against Keith Seppi and sending the strong and clear message that persons involved in the production and deployment of improvised explosive devices will be prosecuted to the fullest extent of our laws.

"I would also like to recognize First Assistant District Attorney Dawn Lupi and Assistant District Attorney Grant Garramone for all of the hard work that went into securing convictions for Keith Seppi, Cindy Shields and Donna Seppi in Oneida County Court for violations of New York State law. The success of this investigation is the direct result of the cooperation that occurred between all of the law enforcement agencies involved."

Oneida County Sheriff Robert Maciol said stated: "Premeditated acts of violence such as this will not be tolerated in our community.  I cannot thank those at the local, state, and federal levels enough who worked tirelessly, side by side with us from the day of the bombing right up until today, to insure that every possible resource was utilized to bring this complex case to a successful conclusion."

New York State Police Superintendent George P. Beach II stated: "This defendant knowingly plotted and planned to do serious harm to a New York State Corrections Officer and should be punished to the fullest extent for this heinous act. The New York State Police, along with our law enforcement partners at all levels, remain committed to ensuring the safety of all of our citizens and will work diligently to identify these types of threats and stop those who seek to cause to harm others. Such premeditated attacks will be prosecuted to the fullest extent of the law."

At sentencing, Seppi faces at least 30 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years.  A defendant’s sentence is imposed by a judge based on the statute violated, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the ATF, the Oneida County Sheriff’s Office and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Stephen C. Green and Nico Commandeur.

SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian, along with representatives of county, state and federal law enforcement agencies, will hold a news conference tomorrow, March 1, at 2:30 p.m. in Syracuse, following an expected guilty plea tomorrow at 1 p.m. in U.S. v. Seppi.

• Change of plea hearing in U.S. v. Seppi – March 1 at 1 p.m. in the courtroom of the Hon. Brenda K. Sannes, James M. Hanley Federal Building, 100 South Clinton Street, Syracuse, NY.

• News conference – March 1 at 2:30 p.m. on the Ninth Floor of the James M. Hanley Federal Building, 100 South Clinton Street, Syracuse.

ALBANY, NEW YORK – Jacob Ebel, age 29, of Niverville, New York, was arraigned today on charges that he distributed heroin and fentanyl that caused two overdose deaths in Columbia County in July 2016.

The announcement was made by United States Attorney Richard S. Hartunian, New York State Police Superintendent George P. Beach II, Columbia County Sheriff David P. Bartlett, and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

Ebel appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered Ebel detained pending a trial scheduled before United States District Judge Mae A. D’Agostino. Ebel has been in custody since July 26, 2016, when he was arrested on state drug charges.

According to the indictment, on July 3, 2016, Ebel distributed heroin and fentanyl to Victim 1, who died as a result of taking the drugs. Between July 18 and July 23, Ebel distributed heroin and fentanyl to the spouse of Victim 2. Victim 2 took the drugs and died as a result. Ebel is also charged with possessing heroin and fentanyl with the intent to distribute them, and conspiring to possess and distribute heroin and fentanyl. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.

If convicted of all charges, Ebel would face at least 20 years and up to life in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life. 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 the result of a joint investigation conducted by the DEA, Columbia County Sheriff’s Office, and the New York State Police, with assistance from the office of Columbia County District Attorney Paul Czajka, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – George Muzio, Jr., age 35, of Cohoes, New York, was indicted yesterday for distributing 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).

Muzio is charged with 7 counts of distributing child pornography and 1 count of possessing child pornography. As alleged in a complaint filed earlier in the case, Muzio shared child pornography videos over the Internet. Following his arrest on the complaint, a detention hearing was held before United States Magistrate Judge Daniel J. Stewart, who ordered Muzio released and subject to pretrial supervision.

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

If convicted on all charges, Muzio faces at least 5 years and up to 20 years in prison, at least 5 years and up to lifetime supervised release, mandatory registration as a sex offender, and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by HSI and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.

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

ALBANY, NEW YORK – Abdulmagid Al Saadi, age 38, a citizen of Yemen, was sentenced today to 10 days in jail following his guilty plea to illegally entering the United States, a misdemeanor.

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

Al Saadi admitted that on February 16, 2017, he walked across the border approximately one-half mile west of Rouses Point, New York, on New York State Route 276, and he continued south on foot until he was stopped and arrested by Border Patrol Agents.

Upon the completion of his sentence, Al Saadi will be transferred to the custody of the Department of Homeland Security and placed into removal proceedings.

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

BINGHAMTON, NEW YORK – Deborah E. Wagner, aka Deborah E. Cottrell, age 66, of Andes, New York, was sentenced today to serve 2 years of probation and pay $64,196 in restitution for defrauding the Social Security Administration (SSA) and receiving benefits to which she was not entitled.

The announcement was made by U.S. 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 August 9, 2016 guilty plea, Wagner admitted that she provided false information to the SSA so that she could continue to receive the Survivors Insurance benefits she collected from 2006 through 2014, purportedly as a widow. In 2014, Wagner told the SSA that she was not married when, in fact, she had been remarried in 2006, a fact that would have made her ineligible to receive benefits.

Senior U.S. District Court Judge Thomas J. McAvoy also ordered Wagner to serve 50 hours of community service.

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 – Angel Nunez, age 28, of Brooklyn, New York, and Stanislav Petkevichus, age 28, of Slingerlands, New York, were each sentenced today for conspiring to distribute the controlled substance oxycodone in Albany County.

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

U.S. District Judge Mae A. D’Agostino sentenced Nunez to 33 months in prison, to be followed by 3 years of supervised release, and to forfeit $100,000. Judge D’Agostino sentenced Petkevichus to time served (96 days in jail), as well as 3 years of supervised release including 6 months of home detention, and to forfeit $4,435.

As part of their guilty pleas, the defendants admitted that Nunez obtained 30 mg tablets of oxycodone from sources in New York City, and acted with Petkevichus and others to sell those oxycodone tablets in Albany County and elsewhere.

These cases were investigated by the DEA and prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK – Alikubar Shaw, age 34, of Troy, New York, was sentenced today to 10 years in prison for possessing more than 28 grams of crack cocaine with the intent to sell it.

The announcement was made by U.S. Attorney Richard S. Hartunian; James Jewell, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation; and New York State Police Superintendent George P. Beach II.

United States District Judge Mae A. D’Agostino also ordered Shaw to serve 8 years of post-imprisonment supervised release.

As part of his August 11, 2016 guilty plea, Shaw admitted that on January 7, 2014, he was the passenger in a car that was stopped for a traffic violation in Albany County. The driver of the car had a suspended license, and New York State Police Troopers smelled burnt marijuana coming from the car. As Shaw exited the car to speak with one Trooper, the Trooper noticed Shaw touch his rear waist area, and the Trooper then found 263 grams of crack cocaine there. As part of his plea, Shaw admitted that he intended to sell the crack.

This case was investigated by the Federal Bureau of Investigation and the New York State Police, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Richard Ramsey, age 48, of Saratoga Springs, New York, pled guilty today to two counts of 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.

As part of his guilty plea, 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 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.

United States Richard S. Hartunian said: “Perjury cannot, and will not, be tolerated. Ramsey’s decision to lie to a federal grand jury reflects a shocking disregard for the law and the victims of this horrific crime. My office and our law enforcement partners remain fully committed to securing justice for the victims and their families. And let there be no doubt: this remains an active investigation.”

ATF Special Agent in Charge Ashan M. Benedict said: "Richard Ramsey’s repeated lies to ATF Special Agents and the grand jury served only to hinder the investigation of the Hulett Street fire, and to further victimize those who have already suffered so much because of that heinous crime."

In pleading guilty, 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 a.m. and noon, Butler called Ramsey and asked to borrow Ramsey’s car. Ramsey agreed and told Butler that he would drive the car to Jefferson Terrace in Saratoga Springs, park it there, and leave the keys on the floorboard. On May 1, 2013, Ramsey drove the car to Jefferson Terrace, parked it, and left the keys on the floorboard. A third party who lived at Jefferson Terrace drove Ramsey back to work. The following morning, 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.

Ramsey faces up to 5 years in prison, and a maximum $250,000 fine, on each count of conviction, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for June 13, 2017 at 10 a.m. before Senior United States District Court Judge Gary L. Sharpe.

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 – Grzegorz Baczewski, age 31, of Ridgewood, New York, was sentenced today to time served (20 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 Field Officer Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Baczewski admitted that he returned to the United States after he was removed to Poland on September 18, 2013.

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

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

BINGHAMTON, NEW YORK - Jared Flanders, 34, of Johnson City, New York, was arrested today on charges contained in a twelve count federal indictment alleging he distributed child pornography via the internet.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James Spero, Department of Homeland Security, Homeland Security Investigations.

Flanders was arraigned today in Binghamton, New York, before United States Magistrate Judge David E. Peebles, and held without bail pending a detention hearing scheduled for next week.

The charges in the indictment carry sentences that require a minimum of five (5) years and up to twenty (20) years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

This case is being investigated by the Department of Homeland Security, Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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

ALBANY, NEW YORK – Emil Michalczuk, age 25, of Siemiatycze, Poland, was sentenced today to 20 days in jail following his guilty plea to a misdemeanor charge of illegally entering 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.

Michalczuk admitted that he walked across the border approximately a half-mile west of the Overton Corners Port of Entry on New York State Route 276, and continued southwest on foot until he reached the Rouses Point train station, where he was arrested by Border Patrol agents.

Upon the completion of his sentence, Michalczuk will be transferred to the custody of the Department of Homeland Security and he will be subject to removal proceedings.

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

SYRACUSE, NEW YORK – Kerry Smith, 41, of Syracuse, New York, pled guilty today to sexual exploitation of a child, announced United States Attorney Richard S. Hartunian and James Jewell, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of her guilty plea today in United States District Court, Smith admitted that in 2014 she engaged in sexually explicit conduct with a 10-year-old child, produced images of the abuse, and distributed the images to another person using her mobile telephone. Smith was arrested for this offense in April of 2016 when the images were recovered from a computer belonging to that person, who told police he had received them from a woman he knew as “Kerry.”

Sentencing is scheduled for June 13, 2017 before Hon. Glenn T. Suddaby, Chief United States District Judge. If the court accepts the plea agreement, Smith will be sentenced to fifteen (15) years imprisonment and a term of supervised release of at least 5 years, and up to life. She will also have to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Smith’s case was investigated by the Albany Division of the FBI (Syracuse Resident Agency), and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.

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

ALBANY, NEW YORK – Lanssana Soumare, age 55, of Senegal, was sentenced today to time served (49 days in jail) for passport fraud.

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

As part of his guilty plea, Soumare admitted that he presented another person’s Canadian passport to a CBP officer at the Champlain Port of Entry on December 27, 2016. Soumare presented the passport in an attempt to enter the United States from Canada. As part of his plea, Soumare also admitted that he was not a Canadian citizen and that the passport was not issued to him.

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

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

ALBANY, NEW YORK – Gabino Lopez-Lopez, age 27, of Saratoga Springs, New York, was sentenced yesterday to time served (88 days in jail) for immigration fraud.

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, Lopez-Lopez admitted that he presented a counterfeit alien registration receipt card (a “green card”) to a United States Citizenship and Immigration Services officer, in Latham, New York, on November 10, 2016. Lopez-Lopez presented the card in support of his claim to being lawfully present in the United States. As part of his plea, Lopez-Lopez admitted that he is a citizen of Mexico and that he was unlawfully present in the United States.

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

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

PLATTSBURGH, NEW YORK – Thomas A. Burnell, age 34, of Plattsburgh, New York, was charged today with distributing heroin resulting in another person’s death.

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

Burnell is detained pending a detention hearing before Magistrate Judge Gary L. Favro on February 14, 2017.

Burnell has been incarcerated since January 18, 2016, on state charges arising out of the same allegations charged in the federal complaint. According to the criminal complaint, on January 16, 2016, Burnell sold heroin to a man identified as “J.G.” who died later that night. The cause of death was an opiate overdose.

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

If convicted of the offense of distributing heroin resulting in death, Burnell faces at least 20 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

UTICA, NEW YORK – Richard Michael Lydon, age 67, of Skaneateles Falls, New York, was sentenced today to 90 months in prison for distributing 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).

As part of his guilty plea, Lydon admitted that he distributed and possessed images of child pornography that he acquired in part using an Internet peer-to-peer, file-sharing program. A search of Lydon’s residence in November 2015 led to the discovery of over 1,400 videos and over 8,000 images depicting child pornography. Lydon admitted that he had been collecting child pornography for over a decade

United States District Judge David N. Hurd, in imposing the sentence, noted that what Lydon possessed was one of the largest collections of child pornography he had ever sentenced a person for distributing and possessing. Judge Hurd also imposed a lifetime of supervised release, which will start after Lydon is released from prison, and ordered the payment of $3,300 in restitution to child pornography victims. As a result of his conviction, Lydon will be required to register as a sex offender upon his release from prison.

This case was investigated by HSI and prosecuted by Assistant United States Attorney Carina Schoenberger as part of Project Safe Childhood.

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

ALBANY, NEW YORK – Jose Alejandro Balderas-Figueroa, age 36, a former resident of Pelham, Alabama, was sentenced yesterday to time served (six weeks in jail) for illegally re-entering 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.

As part of his guilty plea, Balderas-Figueroa admitted that he returned to the United States almost immediately after he was removed to Mexico on October 6, 2016.  Balderas-Figueroa also admitted that he had been removed to Mexico four other times, on May 18, 2015, September 7, 2014, January 25, 2007 and June 5, 2000.  

On December 23, 2016, Balderas-Figueroa was arrested by United States Border Patrol Agents just south of the international border in the vicinity of Champlain, New York.  

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

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

ALBANY, NEW YORK – Erik Rodolfo Lozano-Arratia, age 27, and a resident of Kingston, New York, was sentenced today to time served (110 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Thomas Decker, Director of the New York Field Office for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Lozano-Arratia admitted that he returned to the United States after his May 15, 2013 removal to Mexico. Lozano-Arratia also admitted that he had been removed to Mexico four other times, the dates being January 4, 2012, October 21, 2011, August 18, 2011, and July 15, 2011.

On October 20, 2016, Lozano-Arratia was arrested by ICE-ERO officers in Kingston.

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

This case was investigated by Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), in Newburgh, New York, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jeffrey Butler, age 33, of Schenectady, New York, pled guilty today to 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).

As part of his guilty plea, Butler admitted that in 2014 and 2015, he used the Internet and a peer-to-peer file sharing program to download video files containing child pornography, which he saved on his computer’s hard drive. Butler further admitted to storing over 300 child pornography videos on external hard drives in his residence.

As a result of his conviction, Butler faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. Sentencing is scheduled for June 5, 2017 before U.S. District Judge Mae A. D’Agostino.

This case was investigated by Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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 – Abraham C. Lazore, age 37, of Hogansburg, New York, was sentenced today to serve 16 months in prison for his obstruction of a vessel boarding.

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

As part of his guilty plea, Lazore admitted that on September 3, 2016, as Border Patrol Marine Unit agents were attempting to board his vessel for an inspection, he engaged the throttle of his boat while a bowline from his boat became wrapped around an agent’s arm, which could have dragged that agent overboard. Another agent was able to stop Lazore from driving away, and no one was injured.

“You could’ve killed one or more federal agents. I take it seriously when federal agents are exposed to this conduct,” U.S. District Judge Mae A. D’Agostino told Lazore before issuing the sentence, which also included 3 years of post-imprisonment supervised release.

Agents stopped Lazore because they had observed him enter U.S. waters from Canada on the St. Lawrence River at approximately 12:25 a.m. without any navigation lights.

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

BINGHAMTON, NEW YORK – Anthony Randolph, 30, of Binghamton, New York, pled guilty yesterday in federal court to engaging in a drug trafficking conspiracy and possession of a firearm and ammunition by a convicted felon. The announcement was made by United States Attorney Richard S. Hartunian and James Jewell, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Randolph admitted that between January 2014 and November 17, 2015, he conspired with others to acquire cocaine and cocaine base from suppliers in Broome County, New York and from New York City. Randolph admitted that he and others “converted” or “cooked” cocaine into cocaine base, which was later packaged and stored at different locations in Broome County, New York for later distribution. Randolph acknowledged in court that he and others used cellular telephones and vehicles to take orders from customers and deliver cocaine base and that a search warrant executed on November 17, 2015 led to the seizure of 55 grams of cocaine base and a .40 caliber pistol and ammunition from Randolph’s residence in Binghamton.

Sentencing is scheduled for June 23, 2017 in Binghamton before Senior District Judge Thomas J. McAvoy. Randolph faces a minimum sentence of 20 years and up to life in prison, a fine of up to $20 million, and a term of supervised release of at least 10 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, Binghamton Police Department, New York State Police, Broome County Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

SYRACUSE, NEW YORK – Maria Martinez a/k/a Maria Josefa Munagorri Diaz, age 49, of Madrid, Spain, pled guilty yesterday to 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.

Martinez was convicted of conspiracy to distribute cocaine in the Northern District of Ohio in 2002, and after serving 32 months in prison, was deported. Because of her conviction, Martinez is not allowed to enter the United States. As part of her guilty plea yesterday, Martinez admitted that on August 8, 2016, she presented herself at the Champlain Port of Entry for admission to the United States and presented a passport in the name of “Maria Josefa Munagorri Diaz.” A fingerprint scan of Martinez resulted in the discovery of her arrest record and prior deportation.

As a result of her conviction, Martinez faces up to 20 years in prison and a fine of up to $250,000 when she is sentenced by Senior U.S. District Judge Norman A. Mordue on May 30, 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 United States Customs and Border Protection and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Jeragh Powell, age 26, a citizen of Jamaica and former resident of Schenectady, New York, was sentenced today by U.S. District Judge Mae A. D’Agostino to serve 41 months in prison for his participation in a Jamaica-based lottery scam that targeted elderly victims.

The announcement was made by United States Attorney Richard S. Hartunian and Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.

As part of his August 1, 2016 guilty plea, Powell admitted to working with his wife Kimberly Powell, a co-defendant, and others, to mail false lottery prize notifications to mostly elderly people located throughout the United States. The fraudulent prize notifications letters congratulated the victims on winning a recent drawing and instructed them to pay tens of thousands of dollars in “fees and taxes” and “shipping and handling” in order to receive their purported prize money and cars. Members of the conspiracy located in Jamaica also communicated with the victims by telephone, directing them to make payments to people in the United States.

Jeragh Powell and his wife Kimberly, age 37, of Schenectady, received more than $65,000 from victims of the scheme, and forwarded a large portion of the proceeds to Jeragh Powell’s associates in Jamaica. Kimberly Powell pled guilty to mail fraud charges on August 3, 2016, and is scheduled to be sentenced on February 23, 2017.

This case was investigated by the USPIS, Homeland Security Investigations (HSI), and the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

BINGHAMTON, NEW YORK - Antonio Ballard, 26, of Binghamton, New York, was sentenced to serve 210 months in federal prison to be followed by a twenty (20) year term of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI). Ballard will also be required to register as a sex offender once he has completed his federal prison term. Today’s sentence was in connection with Ballard’s conviction after trial in March of 2016 on eight (8) counts relating to operating a sex trafficking and prostitution business involving three minor girls.

The evidence at trial showed that Ballard, from August of 2014 through December of 2014, in Broome County, New York, knowingly persuaded, used, recruited, enticed, harbored, transported, provided, obtained, and maintained three minor girls for the purpose of engaging in commercial sex acts and prostitution with men. Ballard benefitted from prostituting these minors by receiving 50% of the proceeds, for which he provided physical security and an apartment where the minors met with clients. Ballard also photographed the three minor girls and assisted in posting advertisements on Backpage.com, an internet advertisement site.

The case was investigated by the FBI, New York State Police, and the Binghamton Police Department and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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 - Brandon Kie, 31, of Apalachin, New York, was sentenced today to serve sixty months (5 years) imprisonment and a term of fifteen (15) years of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI). Kie is also required to register as a sex offender following his release from federal prison. Kie pled guilty in September of 2016 to receiving child pornography via the internet and a computer.

In pleading guilty, Kie admitted that in 2014 he used a computer to connect to several child pornography web sites via the internet using peer-to-peer file sharing software programs. On numerous occasions, Kie received and downloaded more than 500 digital images and more than 12 videos that depicted minors engaged in sexually explicit conduct, some of which included sadistic and masochistic acts.

This case was investigated by the FBI, and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.

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

ALBANY, NEW YORK – Salvatore Commisso, age 33, of Albany, New York, was sentenced today to serve 36 months in prison, to be followed by 3 years of supervised release, for conspiring to distribute the controlled substance oxycodone.

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

U.S. District Judge Mae A. D’Agostino also ordered Commisso to forfeit $16,523, and to pay a fine of $2,000.

As part of his September 26, 2016 guilty plea, Commisso admitted that from at least December 2015 through February 2016, he obtained oxycodone tablets from a co-conspirator for resale in the Northern District of New York.

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

SYRACUSE, NEW YORK - - Daniel Beal, 56, of Utica, New York, was sentenced today to serve seven (7) years in federal prison for distributing, receiving and possessing child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Beal admitted that he distributed and received images of child pornography using a peer-to-peer file sharing program. A search of Beal’s business, Dacobe Enterprises, LLC, in July of 2015 led to the discovery of hundreds of videos depicting child pornography, including images and videos depicting the sexual assault of children as young as two years of age.

United States District Judge Brenda K. Sannes also imposed a fifteen (15) year term of supervised release, which will begin after Beal is released from prison. As a result of his conviction, Beal will be required to register as a sex offender upon his release from incarceration.

This case was investigated by the Federal Bureau of Investigation (FBI), and was prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.

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

SYRACUSE, NEW YORK, Saladin Hadid, 37, and Cory Ogletree, 43, of Syracuse, were arrested last night and charged with conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine, announced United States Attorney Richard S. Hartunian and United States Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt.

Both Saladin Hadid and Cory Ogletree appeared today in federal court in Syracuse to make their initial appearances before United States Magistrate Judge Andrew T. Baxter and were ordered held without bail, pending a detention hearing scheduled for January 31, 2017. The criminal complaint filed in federal court alleges that from October 2016 through January 25, 2017, Hadid and Ogletree conspired to possess with intent to distribute and distributed in excess of 500grams (approximately one pound) of cocaine. The complaint also alleges that during searches yesterday, law enforcement officers seized in excess of 500 grams of cocaine and over $250,000.00 in U.S. currency.

The charges filed against Hadid and Ogletree carry a minimum sentence of five (5) years and a maximum sentence of up to forty (40) years in prison, a fine of up to $5 million dollars, and a term of supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.

This case is being investigated by The United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorney Carla Freedman.

ALBANY, NEW YORK – Koffi Roudolphe Sewoul, age 40, of Lome, Togo, pled guilty today to misuse of a passport.

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.

Sewoul admitted that on October 15, 2016, he attempted to enter the United States at the Champlain Port of Entry using his brother’s United States passport. Sewoul had successfully used the passport to travel from Togo to Accra, Ghana, on October 12, 2016 and then from Ghana to Montreal, Quebec, on October 13, 2016.

As a result of his conviction, Sewoul faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by U.S. Senior District Judge Lawrence E. Kahn. 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 United States Customs and Border Protection and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Gurpreet Singh, age 37, of Watertown, New York, was convicted today of unlawfully obtaining U.S. citizenship following a jury trial.

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 trial evidence established that Singh, who was a citizen of India, repeatedly affirmed to United States Citizenship and Immigration Services (USCIS) authorities prior to his U.S. naturalization that he had not committed any crimes for which he was not arrested. Immigration authorities later learned that the defendant sexually abused a child under the age of 10 during the same time period he was applying for citizenship. The trial evidence demonstrated that Singh deliberately failed to report his criminal activity because he knew he was not entitled to citizenship and that USCIS would not have approved Singh’s naturalization application if the agency had known about his abuse of the child. Singh ultimately pled guilty in state court to a single count of sexual abuse of a minor child, but by then had already become a naturalized U.S. citizen.

Singh will be sentenced by Senior District Judge Norman A. Mordue on May 18, 2016 and faces up to 10 years in prison, up to 3 years of post-imprisonment supervised release, and mandatory revocation of his naturalization because of his federal court conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorneys Michael F. Perry and Robert S. Levine.

ALBANY, NEW YORK – Thomas Albright, age 71, of Marlboro, New York, was arrested January 12 on charges of distributing, receiving and possessing child pornography.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation.

Albright appeared on January 13 in Albany before United States Magistrate Judge Daniel J. Stewart and was detained pending further proceedings.

The charges in the complaint filed against Albright are merely accusations. He is presumed innocent until proven guilty.

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

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Sahar Amandolare.

ALBANY, NEW YORK – A jury yesterday voted to convict Tameen “Nitty” Johnson, age 39, of Schenectady, New York, of illegally possessing a loaded handgun.

The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation.

Johnson could not possess the handgun or ammunition because of prior felony convictions for firearm, drug and assault offenses. He faces at least 15 years and up to life in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy.

The evidence at trial showed that Johnson possessed a Hi-Point JCP .40 caliber firearm loaded with seven rounds of .40 caliber ammunition. The handgun had a defaced serial number. Johnson sold the loaded firearm to another man inside a convenience store in Schenectady, New York, for $200. Johnson, after asking if the firearm would be used “to book somebody,” showed the man how to operate the firearm so that he could “handle his business,” and repeatedly warned him not to lose the “hammer.”

This prosecution resulted from an investigation by the Capital District Safe Streets Task Force, which includes members of the FBI, Bureau of Alcohol, Tobacco, Firearms & Explosives, the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.

The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.