Northern District of New York

SYRACUSE, NEW YORK – John Haggerty, 34, of Fulton, New York, was sentenced yesterday to serve sixty-three (63) months in prison for unlawfully possessing a firearm and ammunition, announced U.S. 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, Haggerty admitted that on December 12, 2015, he possessed a Browning .308 Rifle and 20 rounds of Winchester .308 caliber ammunition after Oswego Sheriffs recovered the stolen items from his apartment. Haggerty stole the gun and ammunition from an unoccupied Jeep in Fulton, New York on December 3, 2015, and filed off the serial number on the weapon. He was prohibited from possessing a firearm or ammunition as the result of a prior felony conviction.

 

United States District Judge David N. Hurd also ordered Haggerty to serve (3) years of supervised release following his release from prison.

 

This case was investigated by the Oswego County Sheriff’s Office and the United States Bureau of Alcohol, Firearms & Explosives (ATF), and was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown

ALBANY, NEW YORK – As a follow-up to an opiate addiction awareness event in December 2016, the United States Attorney’s Office, with the Rensselaer County Heroin Coalition, Troy Drug Free Community Coalition, NOPIATES, and Rensselaer Area Drug Awareness Reality Coalition (RADAR) will jointly host a two-part community event on January 18th from 7 – 9 PM at Hudson Valley Community College. The evening begins with a screening of Chasing the Dragon: The Life of an Opiate Addict, a documentary film commissioned by the FBI and DEA and told through interviews with recovering users and their loved ones. Following the film, Eric Dyer, a law student who became an opiate user while attending college in the Capital Region, will discuss his addiction and life in recovery.

United States Attorney Richard S. Hartunian said, “The heroin and prescription opioid epidemic is a crisis that reaches every corner of our communities. We are committed to continuing to combat the distribution of heroin and illicit opioids with robust enforcement, but the best protection of public health and safety is in prevention and education. We hope events such as this will spread the word that heroin and illicit opioids are deadly, and there is help available to avoid and overcome them.”

All four community coalitions in Rensselaer County are collaborating with the U.S. Attorney’s Office to raise awareness of the heroin and opiate epidemic, and these coalitions all encourage participation in events such as this one.

“The Rensselaer County Heroin coalition brings together many different “faces” to help combat the Opioid crisis in our area,” explained Co-Chairperson Maryfran Wachunas, Rensselaer Public Health Director. “Working together as a team and sharing each other knowledge, we are taking a multi -step approach at not only educating ourselves but the entire coalition and community as a whole.”

“NØpiates Committee is a local organization that is dedicated to raising community awareness regarding opiates, substance abuse and addiction,” explained Kim and Tim Murdick, organizers of the NØpiates Committee. “Our dedicated members provide support, assistance and aid to identify available resources for those who battle with the disease of addiction. Our committee also organizes and participates in community events to provide education that focuses on the prevention of substance abuse, all the while remembering those who have been lost to the disease of addiction.”

“Troy Drug-Free Community Coalition (Troy DFCC) is a partnership of concerned community members organized for the purpose of reducing substance abuse among young people,” said Davia Collington, Troy DFCC Project Coordinator. “We believe that good things happen when the community comes together!” she explained. “It will take all sectors of the community to protect our youth from the disease of addiction. While we know that most youth in the City of Troy are substance-free, we are here to support those families that are struggling with substance abuse.”

“We've all heard the expression ‘It takes a village to raise a child’. At the RADAR Coalition, we're applying that approach to drug abuse prevention,” said Nancy Hardt, chairperson of RADAR. “Rensselaer Area Drug Awareness Reality (RADAR) Coalition is a non-profit organization dedicated to supporting a safe and healthy, drug-free community in the City of Rensselaer. We're working to bring together a wide range of community partners to prevent substance abuse by raising awareness and providing education. The RADAR Coalition’s vision is for the City of Rensselaer youth to live substance free.”

The greatest responses to addiction are to prevent it in the first place, and to bring people struggling with addiction the help they need to enter into a life of recovery. Come learn how each of these steps are possible.

 

Chasing the Dragon: The Life of an Opiate Addict
Followed by Eric Dyer telling his story to recovery

When: Wednesday, January 18th, 7 – 9 p.m.
Where: Bulmer Telecommunications Center
Hudson Valley Community College
80 Vandenburgh Ave, Troy, NY

 

For more information and to become involved with the local coalitions, see the information below:

NØpiates Committee nopiateslaw@gmail.com www.nopiates.com
518-220-4199

The Rensselaer County Heroin Coalition
Maryfran Wachunas, Sheriff
Patrick Russo, Co-Chair
Public Health Director Rensselaer County Sheriff’s Office
1600 7th Avenue 4000 Main Street
Troy, NY 12180 Troy, NY 12180
518-270-2626 https://www.rensco.com/326/Rensselaer-County-Heroin-Coalition
Prusso@rensco.com

RADAR – Rensselaer Area Drug Awareness Reality Coalition
Jennifer Haggerty, Chair
Nancy Hardt, Co-Chair https://www.facebook.com/RADAR12144 radarcoalition@gmail.com
518-270-2841

Troy Drug Free Community Coalition
Davia Collington, Project Coordinator
415 River Street 3rd Floor Troy, NY 12180
518-272-8289x216 https://triponline.org/troy-drug-free-community-coalition/ https://www.facebook.com/TroyDFCC/
TroyDFCC@triponline.org

SYRACUSE, NEW YORK - SRCTec, which manufactures a lightweight counter mortar radar system (the “radar system”) and associated replacement parts pursuant to contracts with the Department of the Army, will pay over $6.3 million in consideration to resolve False Claims Act allegations concerning its invoicing for the radar system and spare parts, announced United States Attorney Richard S. Hartunian. SRCTec has separately agreed to a remediation plan, to be performed at its own expense, with respect to previously delivered products.

 

The radar system serves an important function for America’s warfighters by providing early warning of incoming mortar and rocket fire and information about the location from which that fire emanated (“source-of-fire”). This source-of-fire data enables a targeted counter-fire response. The radar system provides continuous 360-degree monitoring and source-of-fire data through a non-rotating 24-column array. Among other replacement parts, SRCTec produces column spares for use when a column for the radar system fails or is damaged or destroyed. Pursuant to SRCTec’s contract with the Army, “initial spares and ancillary items shall be form, fit and functionally interchangeable with the parts they are intended to replace.”

 

SRCTec became aware of anomalies in source-of-fire accuracy data in certain combinations of initial system columns and column spares in March 2013. At that time, SRCTec summarized the issues in a Problem Report uploaded to a database shared by SRCTec and the Army. SRCTec designated the Problem Report at a priority level that indicated that a work-around existed for the identified problem. Higher level priority designations were available but were not selected, although SRCTec did not know in March 2013 what caused the anomalies or have a solution that would eliminate them. Problem Reports at the priority level selected by SRCTec are part of the normal life cycle of the program, and problem reporting is not the exclusive method (under the applicable contracts or otherwise) for SRCTec to notify the Army of issues with the radar system.

 

Over the ensuing months after March 2013, SRCTec learned more about the circumstances in which the source-of-fire accuracy anomalies would manifest themselves and how they might be mitigated in the field. By August 2013, SRCTec described an increased risk of degraded source-of-fire accuracy as a “known” problem in an internal memorandum that was not shared with the Army. SRCTec did set forth certain additional material details concerning degraded source-of-fire accuracy in various additional Problem Reports also uploaded to the shared database, all of which were designated at the same priority level as the initial Problem Report, although SRCTec had not actually identified a work-around through at least the summer of 2013. A potential solution was eventually identified by SRCTec in March 2014, and in the fall of 2014 SRCTec began testing what would become the solution for newly manufactured systems and column spares.

 

In March 2015, SRCTec requested a meeting with the Army, which was held in April 2015. At the meeting, SRCTec disclosed how it learned of and ultimately solved the increased risk of degraded source-of-fire accuracy from the use of column spares and original system columns in certain combinations, explained the circumstances under which the increased risk was such that source-of-fire accuracy could potentially fall outside the required accuracy performance specification, explained how the increased risk of degraded source-of-fire accuracy could be mitigated, and advised that the systems’ ability to perform their sense and warn function was never impacted. Since April 2015, the Army has ensured that all fielded systems are operating without any increased risk of degraded source-of-fire accuracy, and all fielded systems are currently functioning within their source-of-fire performance parameters. There have been no reported field failures.

 

During the time period covered by the Settlement Agreement, SRCTec invoiced the Army for radar systems and column spares (which were verified as operable by the Army) at a cost of tens of millions of dollars. The increased risk of degraded source-of-fire accuracy from the use of column spares in certain combinations with original system columns would not have been identified by the fielded systems’ self-diagnostic testing nor necessarily been recognized by soldiers.

 

United States Attorney Hartunian said: “Our office is committed to ensuring that federal programs receive products that perform as paid for, and we pursue False Claims Act claims vigorously. The stakes are particularly high when the procurement involves protection for our nation’s warfighters. This settlement reflects the importance of the case, the fine work of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit and the Defense Criminal Investigative Service, and SRCTec’s disclosure of the problem and cooperation in addressing it.”

 

“The ability of our equipment to function as required is essential when it comes to purchase of equipment that protects the very lives and limbs of one of our most precious resources - our military members,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit.

 

“This settlement demonstrates the continued commitment of the Defense Criminal Investigative Service (DCIS), partnering with Army CID, Major Procurement Fraud Unit, and the United States Attorney’s Office in the Northern District of New York, to protect the military services and its members from potential failures of warfighting systems,” said Special Agent in Charge Craig W. Rupert, DCIS Northeast Field Office, U.S. Department of Defense Inspector General. “DCIS will continue to tirelessly pursue cases like this in its mission to protect the warfighter and safeguard our national defense.”

 

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, the United States Army Criminal Investigation Command, and the Defense Criminal Investigative Service. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – Charles Edward Bayer, Jr. (31), of Lafayette, Louisiana, pled guilty in federal court today in Syracuse to one felony count of conspiracy to commit mail fraud and violate the Clean Air Act, announced United States Attorney Richard S. Hartunian, and Vernesa Jones-Allen, Special Agent in Charge, EPA-CID, New York Area Office.

 

In pleading guilty, Bayer admitted that between 2011 and 2013 he participated in a conspiracy to design, manufacture, and sell motor vehicle simulator devices which were designed and programmed to allow vehicles to by-pass motor vehicle emissions inspections tests in a fraudulent manner. Bayer admitted that when one of his co-conspirators believed the EPA had become aware of the illegal sales of these devices, he (Bayer) purchased the remaining inventory as well as the source codes, and a customer list. Thereafter Bayer continued to sell and manufacture these devices. Ultimately, Bayer and his co-conspirators sold at least 170 such devices throughout the country. In pleading guilty, Bayer admitted that he was a leader in the conspiracy, which involved at least five others. Bayer also admitted that he understood his customers were using the devices to fraudulently bypass motor vehicle inspections and that he added a disclaimer to the instructions that the devices were for “development/off road use only” to make the devices appear legitimate.

 

The charge to which Bayer pled guilty carries a maximum sentence of 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. Bayer will be sentenced by Senior District Judge Norman A. Mordue on May 11, 2017.

 

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

ALBANY, NEW YORK – Gregory Kurzajczyk, age 69, of East Durham, New York, was sentenced today to 72 months in prison for distributing and receiving 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 ordered Kurzajczyk to serve a lifetime term of supervised release, to begin after his release from prison. Kurzajczyk will also have to register as a sex offender upon his release from prison.

 

As part of his guilty plea on September 2, 2016, Kurzajczyk admitted that between July 16, 2014 and January 19, 2015, he distributed child pornography images and videos through an Internet file-sharing application. Kurzajczyk also admitted to using the file-sharing application to download child pornography.

 

This case was investigated by Homeland Security Investigations (HSI) and the Colonie Police Department, with the assistance of the U.S. Secret Service, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – James Chisholm, 27, of Syracuse, New York, was sentenced today to serve 90 months in prison for robbing the same branch of Chase Bank in Syracuse twice within a five-day period.

 

The announcement was made by 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).

 

Senior U.S. District Judge Norman A. Mordue said that he believed the sentence was necessary because of Mr. Chisholm’s “history of robberies involving violence and the use of weapons.” Judge Mordue also sentenced Chisholm to a 3-year term of supervised release following his release from prison and ordered restitution in the amount of $3,242, the total amount stolen from Chase Bank.

 

On September 8, 2016, Chisholm pled guilty to two counts of bank robbery and admitted that on March 12, 2016, and again on March 16, 2016, he entered Chase Bank, located at 801 James Street in Syracuse, passed a note to a teller, and demanded money. On March 12, Chisholm took $489 from the bank, and on March 16, he took $2,753.

 

This case was investigated by the FBI and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Robert S. Levine.

SYRACUSE, NEW YORK – Floyd Wood, age 48, of DeRuyter, New York, pled guilty today to attempting to entice a 12-year-old girl into a sexual encounter.

 

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 (FBI).

 

As part of his plea, Wood admitted that in April 2016, while text messaging with someone he believed was a female acquaintance, he arranged to meet with the acquaintance and her 12-year-old daughter at a Syracuse hotel to engage in a sexual encounter with both the mother and daughter. Wood was actually corresponding with law enforcement officers. He was arrested at the Syracuse hotel where he was to meet the child and her mother, after having been observed at an adult store where he purchased items he intended to use in the encounter.

 

Wood will be sentenced by United States District Judge David N. Hurd on May 4, 2017. He faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. Wood will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the FBI, Syracuse Resident Agency, together with the New York State Police. It is being prosecuted by Assistant United States Attorney Lisa Fletcher as a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Launched in May 2006 by the Department of Justice, and 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 http://www.justice.gov/psc/.

ALBANY, NEW YORK – Ilie Sitariu, age 37, a citizen of Romania, pled guilty today to stealing about $127,000 through the use of skimming devices that were secretly installed on several bank ATMs in the Capital Region. 

 

The announcement was made by U.S. 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, Sitariu admitted that from August 30, 2015 through October 24, 2015, he and a co-conspirator used skimming devices and pinhole cameras to secretly capture the account numbers and personal identification numbers (PINs) of customers who used ATMs at First Niagara Bank, Trustco Bank, and Berkshire Bank branches in Chatham, New York, Delmar, New York, and Great Barrington, Massachusetts.  The skimming devices captured the information encoded on the magnetic strips of customers’ bank debit cards, while the pinhole cameras allowed the conspirators to record the PINs used by the customers at ATMs. The conspirators then used the information to steal approximately $127,000 from the customers’ accounts by making withdrawals at ATMs in New York City. 

 

Sitariu faces at least 2 years and up to 30 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on May 10, 2017 by Senior United States District Judge Lawrence E. Kahn.  A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

 

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

SYRACUSE, NEW YORK – Alfred Laquan Thomas, 31, of Rome, New York, pled guilty today to possession of ammunition by a convicted felon, announced United States Attorney Richard S. Hartunian.

 

As part of his guilty plea today, Alfred Laquan Thomas admitted that he possessed two (2) 12-gauge Remington shotgun shells in his pants pocket on August 16, 2012 when encountered by Syracuse Police minutes after a shooting incident that involved several shotgun rounds fired from his car at the front of an occupied residence on West Bissell Street in Syracuse. In pleading guilty today, Alfred Laquan Thomas also admitted that he was previously convicted of Aggravated Burglary in Kansas in 2003, and was therefore prohibited from possessing ammunition under federal law. 

 

The charge to which Alfred Laquan Thomas pled guilty today carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to three (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. 

 

Alfred Laquan Thomas was ordered held without bail pending sentencing, which is scheduled for April 24, 2017 in Syracuse.

 

This case is being investigated by The Federal Bureau of Investigation (FBI), The United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Richard R. Southwick.

ALBANY, NEW YORK – Nicholas M. Signore, age 26, of Albany, New York, pled guilty today to conspiring to distribute 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).

 

Signore faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on April 20, 2017 by U.S. 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.

 

As part of his plea, Signore admitted that in 2015, he obtained approximately 896 oxycodone tablets from a co-conspirator, for resale in the Northern District of New York.

 

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

ALBANY, NEW YORK – Joshua C. Lozo, age 35, of Troy, New York, was ordered detained yesterday following his arrest on December 15 on charges of 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 (FBI).

 

A criminal complaint alleges that between December 15, 2011 and December 15, 2016, Lozo 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. 

 

On December 21, 2016, Lozo appeared in federal court in Albany before United States Magistrate Judge Christian F. Hummel, who ordered Lozo detained pending trial.

 

If convicted of receiving child pornography, Lozo faces at least 5 years and up to 20 years in prison.  If convicted of possessing child pornography, Lozo faces up to 10 years in prison.  Conviction on either charge carries a fine of up to $250,000, a term of post-imprisonment supervised release of at least 5 years and up to life, and mandatory registration as a sex offender.  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.

SYRACUSE, NEW YORK – Bruce Kane, 62, of Fort Lauderdale, Florida, who previously resided in Ithaca, New York, was sentenced today to serve 97 months (8 years and 8 months) in prison and ordered to pay $8.9 million of restitution and more than $10 million of forfeiture for conspiracy to commit wire fraud, announced United States Attorney Richard S. Hartunian and FBI Special Agent in Charge Andrew W. Vale. 

 

“The sentence today reflects the significant suffering of victims who trusted Bruce Kane with their hard-earned savings.   Kane lied to them so that he could steal their money and live the high life.  He is now being held accountable for betraying their trust,” said United States Attorney Hartunian.

 

“We will continue the dedicated pursuit of those who violate the law for personal gain. This multi-million dollar investment fraud scheme demonstrates the significant impact white-collar criminals can have on hard-working individuals of our communities. Today’s sentencing is the result of the hard work and cooperation between the FBI and the U.S. Attorney’s Office to bring this individual to justice,” said FBI Special Agent in Charge Andrew W. Vale.

 

As part of his June 13, 2016 guilty plea, Bruce Kane acknowledged that he is a certified public accountant who was the managing partner for Global Financial Fund 8, LLP, a company that solicited and received over $10 million from investors located throughout the United States, including residents of the Northern District of New York.  In pleading guilty, Kane admitted that he misappropriated approximately $1.5 million of the investors $10 million for his own personal use and enjoyment so that he and his family could live a lavish lifestyle.  He further admitted that he used investor funds to buy a $59,000 boat, travel the world, make more than $280,000 in credit card payments, and rent waterfront condominiums in Florida.  In an effort to avoid detection and allow him to continue to divert money for his own use, Kane helped orchestrate the payment of phony “profit” distributions to investors in 2004 and 2005, which were merely a partial return of their own money.  Further, from 2004 to 2013 Kane repeatedly sent false email messages reassuring investors that their investments were secure.

 

Senior United States District Judge Thomas J. McAvoy also imposed a 3-year period of supervised release, which will start after Kane is released from prison.

 

Bruce Kane is the second defendant to be sentenced in this case.  On February 19, 2016, Burton Greenberg, 75, of Plantation, Florida who previously pled guilty to these charges on November 9, 2015, in federal court in Fort Lauderdale, Florida, was sentenced to serve 97 months in prison and ordered to pay more than $10 million of restitution and more than $10 million of forfeiture.

 

The case was investigated by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Geoffrey Brown.

ALBANY, NEW YORK – Glendon Scott Crawford, age 52, of Galway, New York, was sentenced today to 30 years in prison for plotting to kill Muslims with a weapon of mass destruction. 

 

The announcement was made by United States Attorney Richard S. Hartunian of the Northern District of New York; Acting Assistant Attorney General for National Security Mary B. McCord; and Special Agent in Charge Andrew W. Vale of the Albany Division of the Federal Bureau of Investigation.

 

On August 21, 2015, following a week-long trial, a jury voted to convict Crawford on all charges of a 3-count indictment: attempting to produce and use a radiological dispersal device, conspiracy to use a weapon of mass destruction, and distributing information relating to weapons of mass destruction.  He is the first person in the United States to be found guilty of attempting to acquire and use a radiological dispersal device, in violation of the “dirty bomb” statute passed by Congress in 2004.  Senior United States District Judge Gary L. Sharpe imposed today’s sentence, which also included lifetime, post-imprisonment supervised release.

 

United States Attorney Richard S. Hartunian stated: “This case shows both the dangers we face from extremist views, and our resolve to stop those who plan to act on those views. Crawford planned to kill Muslims on account of their religion and other people whose political and social beliefs he disagreed with, including government officials.  Our Albany FBI Joint Terrorism Task Force prevented Crawford and his co-conspirator Eric Feight from carrying out their diabolical plan.  Counter-terrorism is our highest priority, and we will continue to identify and hold accountable all those who seek to commit acts of terrorism within our borders.”

 

"Glendon Scott Crawford is an extremist who planned to use a radiological dispersal device to target unsuspecting Muslim Americans with lethal doses of radiation,” said Acting Assistant Attorney General McCord.  “The National Security Division’s highest priority is counterterrorism, and we will continue to pursue justice against anyone who seeks to perpetrate attacks against Americans on our soil.  I want to thank the many agents, analysts, and prosecutors who worked on this case and are responsible for this result.”

 

FBI Special Agent in Charge Andrew W. Vale said: “Today’s sentencing is as much a victory for the community as it is for law enforcement.  It is a powerful reminder of the strength and solidarity of our communities.  When confronted with Crawford’s deadly intentions, concerned citizens came forward and alerted law enforcement of Crawford’s plans. While we enjoy today’s success, it is important that we continue in the diligent effort to identify and disrupt those who would go beyond hateful rhetoric to commit violent, criminal acts.”

 

The evidence presented at trial showed that in April 2012, Crawford approached local Jewish organizations seeking financial support for his plan to acquire a device to be used against people he described as being “enemies of Israel.”  Crawford, a self-professed member of the Ku Klux Klan, drove from the Albany area to North Carolina to directly solicit funding for his plan from senior members of the Ku Klux Klan.  Crawford was an industrial mechanic working in Schenectady, New York.  His goal was to acquire and modify an industrial-grade x-ray radiation device and use it to cause death or injury by exposing people to lethal doses of ionizing radiation.

 

Crawford, with help from co-conspirator Eric J. Feight, took steps to design, acquire parts for, build, and test a remote-control unit that would activate a radiation dispersal device from a distance.  Evidence presented at trial showed that Crawford sought and eventually received a radiation dispersal device from people he believed were businessmen affiliated with the Ku Klux Klan, but were, actually, FBI Special Agents acting in an undercover capacity.  Before providing the device to Crawford, FBI Agents had rendered it safe.

 

Feight, acting at Crawford’s direction, built and delivered a remote-control unit.  Crawford wanted the lethal radiation device to be used against Muslim Americans, and he scouted mosques in Albany and Schenectady, and an Islamic community center and school in Schenectady, as possible target locations. Other targets considered by Crawford included the White House and the New York Governor’s Mansion in Albany.

 

Feight pled guilty to providing material support to terrorists.  Judge Sharpe sentenced him to a 97-month term of imprisonment, to be followed by 3 years of supervised release.

 

The case was investigated by the Albany FBI Joint Terrorism Task Force, which includes FBI Special Agents as well as members of the New York State Police, the U.S. Department of Homeland Security, the Albany Police Department, the Troy Police Department, and the New York City Police Department.

 

The case was prosecuted by Assistant United States Attorneys Stephen C. Green and Richard D. Belliss of the Northern District of New York, who represented the United States during trial, and U.S. Department of Justice Senior Trial Attorney Joseph Kaster, with support from the National Security Division and Criminal Division at the U.S. Department of Justice in Washington, D.C.

Glendon Scott Crawford, 52, of Galway, New York, was sentenced today to 30 years in prison and lifetime supervised release, for plotting to kill Muslims with a weapon of mass destruction. 

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Richard S. Hartunian of the Northern District of New York and Special Agent in Charge Andrew W. Vale of the FBI’s Albany Divison.

On Aug. 21, 2015, following a week-long trial, a jury voted to convict Crawford on all charges of a 3-count indictment: attempting to produce and use a radiological dispersal device, conspiracy to use a weapon of mass destruction and distributing information relating to weapons of mass destruction. He is the first person in the U.S to be found guilty of attempting to acquire and use a radiological dispersal device, in violation of the “dirty bomb” statute passed by Congress in 2004. Senior U.S. District Judge Gary L. Sharpe imposed today’s sentence.

"Glendon Scott Crawford is an extremist who planned to use a radiological dispersal device to target unsuspecting Muslim Americans with lethal doses of radiation,” said Acting Assistant Attorney General McCord. “The National Security Division’s highest priority is counterterrorism, and we will continue to pursue justice against anyone who seeks to perpetrate attacks against Americans on our soil.  I want to thank the many agents, analysts, and prosecutors who worked on this case and are responsible for this result.”

“This case shows both the dangers we face from extremist views, and our resolve to stop those who plan to act on those views. Crawford planned to kill Muslims on account of their religion and other people whose political and social beliefs he disagreed with, including government officials. Our Albany FBI Joint Terrorism Task Force prevented Crawford and his co-conspirator Eric Feight from carrying out their diabolical plan. Counter-terrorism is our highest priority, and we will continue to identify and hold accountable all those who seek to commit acts of terrorism within our borders,” said U.S. Attorney Richard S. Hartunian.

“Today’s sentencing is as much a victory for the community as it is for law enforcement. It is a powerful reminder of the strength and solidarity of our communities. When confronted with Crawford’s deadly intentions, concerned citizens came forward and alerted law enforcement of Crawford’s plans. While we enjoy today’s success, it is important that we continue in the diligent effort to identify and disrupt those who would go beyond hateful rhetoric to commit violent, criminal acts,” said Special Agent in Charge Andrew W. Vale.

The evidence presented at trial showed that in April 2012, Crawford approached local Jewish organizations seeking financial support for his plan to acquire a device to be used against people he described as being “enemies of Israel.” Crawford, a self-professed member of the Ku Klux Klan, drove from the Albany area to North Carolina to directly solicit funding for his plan from senior members of the Ku Klux Klan. Crawford was an industrial mechanic working in Schenectady, New York. His goal was to acquire and modify an industrial-grade x-ray radiation device and use it to cause death or injury by exposing people to lethal doses of ionizing radiation.

Crawford, with help from co-conspirator Eric J. Feight, took steps to design, acquire parts for, build and test a remote-control unit that would activate a radiation dispersal device from a distance. Evidence presented at trial showed that Crawford sought and eventually received a radiation dispersal device from people he believed were businessmen affiliated with the Ku Klux Klan, but were, actually, FBI Special Agents acting in an undercover capacity. Before providing the device to Crawford, FBI Agents had rendered it safe.

Feight, acting at Crawford’s direction, built and delivered a remote-control unit. Crawford wanted the lethal radiation device to be used against Muslim Americans, and he scouted mosques in Albany and Schenectady, New York, and an Islamic community center and school in Schenectady, as possible target locations. Other targets considered by Crawford included the White House and the New York Governor’s Mansion in Albany.

Feight pleaded guilty to providing material support to terrorists. Judge Sharpe sentenced him to a 97-month term of imprisonment, to be followed by 3 years of supervised release.

The case was investigated by the Albany FBI Joint Terrorism Task Force, which includes FBI Special Agents as well as members of the New York State Police, the U.S. Department of Homeland Security, the Albany Police Department, the Troy Police Department in New York and the New York City Police Department.

The case was prosecuted by Assistant U.S. Attorneys Stephen C. Green and Richard D. Belliss of the Northern District of New York, who represented the U.S. during trial, and Senior Trial Attorney Joseph Kaster of the National Security Division’s Counterterrorism Section, with support from the U.S. Department of Justice Criminal Division.

ALBANY, NEW YORK – Neil Rothfeder, age 58, of Highland, New York, was sentenced today to 5 years in prison, to be followed by a lifetime term of supervised release, for distributing child pornography.

 

The announcement was made by United States Attorney Richard S. Hartunian and Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations (HSI), New York. 

 

As part of his sentence, Rothfeder will also be required to register as a sex offender upon his release from prison. 

 

As part of his July 6, 2016 plea, Rothfeder admitted to emailing child pornography to others in 2012. 

 

The case was investigated by HSI New York and prosecuted by Assistant United States Attorney Katherine Kopita.

 

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/.

BINGHAMTON, NEW YORK – United States Attorney Richard S. Hartunian, joined by FBI Special Agent in Charge Andrew W. Vale, will hold a news conference at noon on December 20, 2016 at the Federal Courthouse in Binghamton, New York, to discuss the sentencing of Bruce Kane. 

 

Bruce Kane pled guilty on June 13, 2016 to conspiracy to commit wire fraud. He is scheduled to be sentenced on December 20, 2016 at 11:00 a.m. by Senior United States District Judge Thomas J. McAvoy.

 

Members of the media will be permitted to bring cameras and phones into the press conference; cameras and phones will not be permitted in the courtroom.

 

What: News Conference to Discuss the Sentencing of Bruce Kane

When: Tuesday, December 20, 2016 12:00 at Noon.

Where: Federal Courthouse (First Floor), 15 Henry Street, Binghamton, New York

ALBANY, NEW YORK – United States Attorney Richard S. Hartunian, joined by FBI Special Agent in Charge Andrew W. Vale, will hold a news conference at noon on December 19, 2016 to discuss the sentencing of Glendon Scott Crawford. 

 

Crawford was convicted in August 2015 of attempting to acquire and use a radiological dispersal device, conspiring to use a weapon of mass destruction, and distributing information relating to weapons of mass destruction.   He is scheduled to be sentenced on December 19 at 10:30 a.m. by Senior United States District Judge Gary L. Sharpe.

 

Members of the media will be permitted to bring cameras and phones into the U.S. Attorney’s Office; cameras and phones will not be permitted in the courtroom.

 

What: News Conference to Discuss the Sentencing of Glendon Scott Crawford

When: Monday, December 19, 2016 @ Noon

Where: U.S. Attorney’s Office, 445 Broadway, Room 218, Albany

SYRACUSE, NEW YORK – Rostislav Skalka, 48, of the Czech Republic and Robert Bella, 45, of Slovakia were each convicted of one count of illegal entry into the United States following a one-day, non-jury trial in federal court yesterday.  The announcement was made by United States Attorney Richard S. Hartunian and John C. Pfeifer, Chief Patrol Agent, Swanton Sector, United States Border Patrol.

 

At trial, the evidence established that Skalka and Bella entered the United States from Canada near Waddington, New York, by crossing the St. Lawrence River in a makeshift raft and without immigration inspection at a valid port of entry. Following the verdict, United States Magistrate Judge David E. Peebles sentenced the defendants to time served (three months) in connection with their convictions for these misdemeanor offences. Skalka and Bella are expected to face deportation following further proceedings. 

 

The case was investigated by the United States Border Patrol and was prosecuted by Assistant United States Attorney Sahar L. Amandolare.

ALBANY, NEW YORK – Justin M. Brooks, age 27, of Rensselaer, New York, pled guilty today to conspiring to distribute 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).

 

Brooks faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on April 10, 2017, by Senior U.S. 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.

 

As part of his plea, Brooks admitted that from about November 2015 through January 2016, he obtained approximately 150 oxycodone tablets from a co-conspirator, for resale in the Northern District of New York.

 

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

SYRACUSE, NEW YORK – James P. Griffin, 71, of Cazenovia, was sentenced today to 5 years imprisonment, ordered to pay a $2,300 special assessment and $2,153,530.93 in restitution announced United States Attorney Richard S. Hartunian, IRS Criminal Investigation, New York Field Office Acting Special Agent in Charge Kathy A. Enstrom, and FBI Albany Division Special Agent in Charge Andrew Vale.

“This massive fraud caused harm that can never be fully repaid. Today’s sentence represents a measure of justice for the victims who will suffer the effects of these crimes for years to come,” said United States Attorney Richard S. Hartunian.

“Mr. Griffin knowingly mixed deceit and trickery into the financial well-being of individuals and created a recipe for devastation that could last a lifetime,” said Kathy A. Enstrom, Acting Special Agent in Charge, IRS Criminal Investigation, New York Field Office.  “Today's sentencing demonstrates how federal law enforcement will band together to help put an end to the criminal behavior of those who prey on investors for their personal financial gain.  IRS Criminal investigators will continue to use their financial expertise to identify and trace laundered funds in these types of fraud schemes.”

“Mr. Griffin’s fraudulent and criminal acts cost his victims millions of dollars,” said FBI Special Agent in Charge Andrew W. Vale. “At its most basic level, this is a crime about greed and abuse of trust. The FBI will continue working with our law enforcement partners to stop those who line their pockets at the expense of others.”

Griffin was found guilty of fraud and money laundering charges following a jury trial in federal court in July.  He is the Chief Executive Officer of several companies using variations of the names 54 Freedom and 5 Ledyard, all headquartered at 5 Ledyard Avenue, Cazenovia, New York.  The evidence at trial demonstrated that Griffin solicited over $1.6 million in sales through a scheme involving a financial product he named, “the 54 Freedom Charitable Gift Annuity.”  Trial testimony established that Griffin promised that the product was backed by a highly-rated, major insurance carrier and would provide guaranteed lifetime income to the purchaser.  The evidence showed that, in fact, Griffin knew the Charitable Gift Annuities were not underwritten by insurance companies, and purchasers received no payments after 2013. 

The jury also found Griffin guilty of mail fraud based on a scheme to entice investors to use retirement funds to invest in his companies by falsely promising to protect them from the tax consequences of withdrawing funds from qualified retirement accounts.   The total loss from both schemes is more than $2.1 million dollars.

This case was investigated by the Internal Revenue Service, Criminal Investigation, and the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorneys Edward R. Broton and Carina H. Schoenberger.

ALBANY, NEW YORK – Gregory L. Clark, age 26, of Troy, New York, was sentenced today to 57 months in prison for unlawfully possessing a firearm and ammunition.

 

The announcement was made by U.S. Attorney Richard S. Hartunian, Troy Police Chief John F. Tedesco, 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 August 30 guilty plea, Clark admitted that on April 2, 2016, he possessed a Ruger .357 caliber revolver and .357 caliber ammunition.  After receiving information that a man had a gun, Troy Police Officers found Clark hiding in a closet in a Lansingburgh apartment where he also had the revolver and ammunition.  He could not possess a firearm or ammunition because he had three prior felony convictions.   

 

Senior U.S. District Judge Gary L. Sharpe also ordered Clark to serve 3 years of supervised release following his release from prison. 

 

This case was investigated by the Troy Police Department and ATF, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK –  Anastasios Katzopoulos a/k/a Anastasios Alexander Hatzopoulos,  38, of Rising Fawn, Georgia, and formerly of North Syracuse, New York, was sentenced yesterday to time served, following two months of incarceration, after pleading guilty to making false statements in a passport application and making false statements to the Social Security Administration.  The announcement was made by United States Attorney Richard S. Hartunian and John Grasso, Special Agent in Charge for the New York Field Division of the United States Social Security Administration, Office of Inspector General.

 

As part of his guilty plea Katzopoulos admitted that he was issued a social security number in 1993 and a United States passport in 2002.  He further admitted that in June 2012, while living in North Syracuse, New York, he applied for and was issued a new social security number after stating that he had never previously been issued a social security number.  The following month, Katzopoulos used the second social security number to apply for a United States passport, falsely stating that he had never previously applied for or been issued a United States passport. 

 

In August 2016, Katzopoulos pled guilty before United States District Judge David N. Hurd.  In addition to the two-month period of incarceration already served, Katzopoulos was sentenced to a term of supervised release for three (3) years, to complete eighty (80) hours of community service, and to pay a fine in the amount of $10,000.   

 

This case was investigated by the United States Social Security Administration, Office of Inspector General and the United States Department of State, Diplomatic Security Service and was prosecuted by Assistant United States Attorneys Carina H. Schoenberger and Sahar L. Amandolare.

SYRACUSE, NEW YORK – Kirkland Smith, age 55, of Witherbee, New York, pled guilty today to six counts of possessing child pornography. 

 

The announcement was made by U.S. Attorney Richard S. Hartunian; New York State Police Superintendent George P. Beach II; and James C. Spero, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.

 

As part of his guilty plea, Smith admitted to possessing hundreds of videos and images of child pornography on a memory card seized from his car and on five hard drives seized from his home.  Smith, who was previously convicted of second-degree child molestation in Rhode Island, also admitted that the child pornography involved prepubescent minors and minors under the age of 12.  

 

On each count, Smith faces at least 10 years and up to 20 years in prison, a $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life when he is sentenced on April 10, 2017 by Senior U.S. District Judge Norman A. Mordue.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the New York State Police and Homeland Security Investigations (HSI), and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

 

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

SYRACUSE, NEW YORK – Donald T. Johnson, 34, of Peterborough, Ontario, Canada, was arrested in Canton, New York, and charged by criminal complaint yesterday with unlawful reentry of a removed alien, announced United States Attorney Richard S. Hartunian.  Johnson made his initial appearance yesterday before United States Magistrate Judge David E. Peebles and was ordered detained pending further proceedings in the case.  The criminal complaint alleges that Johnson, a Canadian citizen, unlawfully reentered the United States after having been deported in 2011.

 

The charge filed against Johnson carries a maximum sentence of 2 years in prison, a fine of up to $250,000, and a term of supervised release of up to 1 year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

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

 

This case is being investigated by United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

ALBANY, NEW YORK - On Monday, December 12th, the United States Attorney’s Office for the Northern District of New York is partnering with anti-heroin groups across Rensselaer County to host a presentation on heroin, opiates and other drugs, and their effect on human physiology- 

“Understanding Heroin, Addiction and the Brain”
Guest Speaker, Michael Nerney
Monday, Dec. 12th, 7 – 9 PM
McDonough Sports Complex
Hudson Valley Community College

“The explosion of prescription opioid drug abuse and heroin is a nationwide issue with terrible local consequences.  Given the recent report from the U.S. Surgeon General that more people now use prescription opioids than use tobacco, it is no longer a matter of if opiate or heroin addition will affect someone you know, it’s when,” said United States Attorney Richard S. Hartunian.  “Education and prevention are essential elements to combatting this epidemic. My office has partnered with six communities across the Northern District of New York to host this presentation and we will continue to work with community groups, law enforcement agencies and local government to combat this scourge,” said the U.S. Attorney.

Joining the U.S. Attorney’s Office in offering this presentation are Rensselaer County Executive Kathleen Jimino and the Rensselaer County Heroin Coalition, the Nopiates – Say No to Opiates – Coalition, the Troy Drug Free Community Coalition, the RADAR – Rensselaer Area Drug Awareness Reality Coalition, and the New York National Guard Counterdrug Task Force.

“Heroin and opioid addiction is devastating to those inflicted as well as to the person’s family and friends. Sadly, even those committed to breaking the chains of heroin addiction find the struggle difficult to overcome making it imperative to redouble our efforts to prevent addiction and support efforts to assist those seeking or in recovery.  Additionally, I want to commend United States Attorney Richard S. Hartunian for his leadership on this issue as well as all of our partners in the Rensselaer County Heroin Coalition for their continued dedication,” stated Rensselaer County Executive Kathleen M. Jimino. 

The December 12th evening event will include featured speaker Michael Nerney, the former director of the Training Institute of Narcotic and Drug Research in New York City. Mr. Nerney has been a national consultant on adolescent chemical dependency and addiction and has over thirty-seven years of experience in the field of substance abuse and prevention.  His area of expertise includes psycho-pharmacology, adolescent chemical dependency, relapse prevention, heroin and prescription opioids.  Mr. Nerney has also been a consultant to the federal Office of Substance Abuse Prevention, New York State Education Department, New York State Division of Probation and Correctional Alternatives, New York State Division of Criminal Justice Services, and two television networks.  He has been featured on 20/20, a primetime news magazine television show.

The United States Attorney’s Office for the Northern District of New York has partnered with local groups to present programs featuring Michael Nerney in Plattsburgh through their Substance Abuse Prevention and Recovery of Clinton County, Mohawk Valley Community College with the Oneida County Sheriff, Massena High School Freshman Academy, and the St. Regis Mohawk Tribe Alcohol/Chemical Dependency Prevention Program.  Two more presentations are slated with the Broome Opioid Abuse Council and the Jefferson County Community College in December. 

Community showings of the 47-minute film, “Chasing the Dragon: The Life of an Opiate Addict,” a United States Department of Justice sponsored documentary, are scheduled in each of these areas as a follow-up meeting and discussion.  The purpose of bringing communities together on opiate addiction is to –

• create an urgent awareness of the opiate/heroin epidemic,
• start the discussions people need to have on the issue,
• alter the stigma of addiction by bringing it into the open,
• stress that prevention is essential,
• declare that recovery is possible, and
• build unity in addressing the opiate/heroin epidemic.

 

For further information on how to schedule a “Chasing the Dragon” documentary showing in your community, call the U.S. Attorney’s Office at 518-431-0247.

SYRACUSE, NEW YORK – Tony Ivey, 53, of Rochester, New York, pled guilty in United States District Court for the Western District of New York to threatening to kill a Rochester based Assistant United States Attorney.   The announcement was made by United States Attorney for the Northern District of New York Richard S. Hartunian, whose office prosecuted the case.

 

On June 14, 2016, Ivey twice called the United States Attorney’s Office for the Western District of New York in Rochester, New York and threatened to kill an Assistant United States Attorney with an assault rifle. The threats were made when Mr. Ivey was advised by the Assistant United States Attorney he could not directly assist him with a complaint and referred Ivey to another agency to address the problem.   

 

Ivey faces up to 10 years in prison, a fine of up to $250,000, a term of post-imprisonment supervised release of up to 3 years, and a special assessment of $100, when he is sentenced on March 7, 2017, in Rochester by Chief United States District Judge Frank, P. Geraci, Jr.  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 Marshals Service for the Western District of New York and is being prosecuted by Assistant U.S. Attorney Geoffrey Brown of the United States Attorney’s Office for the Northern District of New York.

SYRACUSE, NEW YORK – Carol-Lisa Gutman, age 62, of Delmar, New York, was sentenced today to 22 months in prison after a jury found her guilty earlier this year of conducting a 15-year fraud scheme in which she received about $429,000 in federal disability benefits.

 

The announcement was made by United States Attorney Richard S. Hartunian and Eileen Neff, Special Agent in Charge for the Northeast Area of the United States Postal Service Office of Inspector General.

 

In June, Gutman was convicted of five counts of wire fraud, two counts of federal employees’ compensation fraud, and one count of theft of government money after a six-day jury trial in Albany presided over by Senior United States District Judge Frederick J. Scullin, Jr.  In addition to the 22-month prison sentence, Judge Scullin ordered Gutman to be placed on supervised release for 2 years after her release from prison and to pay restitution to the United States Department of Labor in the amount of $429,677.93.

 

The evidence at trial demonstrated that Gutman began receiving federal workers’ compensation benefits in 1987, after claiming to have injured her back while working for the United States Postal Service.  From that time forward, Gutman claimed to be completely disabled, regularly reporting to her doctors that she was essentially housebound and lacked the ability to do any substantial amount of bending, lifting, carrying, or even sitting.  Gutman also reported that she spent 15 hours each day in a large hot tub in order to obtain relief for her back pain and that she did not perform household-related tasks.

 

The evidence at trial included hours of video recordings from 2011, 2012 and 2013, showing Gutman working in her yard, performing activities such as raking leaves, mowing the lawn, carrying large pails of yard waste, and bending over repeatedly. As a result of her fraud, between September 2001 and April 2016, Gutman received more than $429,000 in workers’ compensation benefits to which she was not entitled.

 

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

ALBANY, NEW YORK – Calvin Strong, age 24, of Albany, New York, pled guilty today to unlawfully possessing a handgun, and to possessing and intending to distribute cocaine, crack cocaine and heroin.

 

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).

 

As part of his guilty plea, Strong admitted that on October 18, 2015, while in an apartment in Troy, New York, he unlawfully possessed a Kimber Ultra Raptor II, a .45 caliber handgun, and cocaine, crack cocaine, and heroin, with the intent to distribute those drugs.   As a felon, Strong could not lawfully possessing the handgun.

 

Strong faces up to 30 years in prison, a maximum fine of $2 million, and a term of post-imprisonment supervised release of at least 6 years and up to life when he is sentenced on May 8, 2017 by Senior U.S. District Judge Thomas J. McAvoy.  

 

This case was investigated by the ATF and the Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Belliss.

ALBANY, NEW YORK – Tristan Shaw, age 31, of Granville, New York, was sentenced today to 5 years in prison for receiving 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 August 9 guilty plea, Shaw admitted that between November 26, 2009 and November 26, 2013, he used the Internet and a peer-to-peer file-sharing program to receive approximately 200 still image files containing child pornography. 

 

Senior United States District Judge Gary L. Sharpe also imposed a 25-year term of supervised release, which will start after Shaw is released from prison.  As a result of his conviction, Shaw will be required to register as a sex offender after leaving prison. 

 

This case was investigated by HSI and was prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Marc T. Woodley, age 32, of Plattsburgh, New York, pled guilty today to illegally possessing a firearm.

 

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

 

Woodley admitted that he illegally possessed a Mossberg shotgun on June 22, 2015 after he called police to report a burglary at his apartment in Plattsburgh.  Responding Plattsburgh Police 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 a user of a controlled substance, Woodley was prohibited from possessing the Mossberg shotgun. 

 

As a result of his conviction, Woodley faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced by Chief U.S. District Judge Glenn T. Suddaby on April 6, 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 Plattsburgh Police Department and the ATF, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Dylan Joseph David, age 26, of St. Regis, Quebec, was sentenced today to 16 months in prison, to be followed by 3 years of supervised release, for harboring two illegal aliens.  David was also sentenced to an additional 10 months in prison for violating the conditions of a term of federal supervised release that was imposed for a prior federal conviction. 

 

The announcement was made by U.S. Attorney Richard S. Hartunian and John C. Pfeifer, U.S. Border Patrol’s Chief Patrol Agent for the Swanton Sector.  U.S. District Judge David N. Hurd imposed the sentence in Utica, New York.

 

In July, David pled guilty to harboring two illegal aliens for the purpose of commercial advantage and private financial gain.  David harbored two women from Chile at a motel in Fort Covington, New York, in March 2016, after the Chileans snuck across the border into the United States. 

 

David’s conviction for harboring aliens was one of several violations of his federal supervised release for a prior drug crime, for which Judge Hurd imposed an additional 10 months of imprisonment.   

 

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

BINGHAMTON, NEW YORK – Ryan Root, age 37, of West New York, New Jersey, and formerly of Binghamton, New York, pled guilty today to conspiring to distribute anabolic steroids and commit international money laundering. 

 

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); New York State Police Superintendent George P. Beach II; and Inspector in Charge Shelly A. Binkowski, U.S. Postal Inspection Service, Boston Division.

 

As part of his plea, Root admitted that between January 2011 and September 2015, he purchased distribution-size quantities of anabolic steroids from China.  He arranged for the steroids to be shipped directly to him and to co-conspirators, and then for the steroids to be shipped and resold throughout the United States.  He also wired money to China and directed other co-conspirators to do so.  

 

U.S. Attorney Richard S. Hartunian said: “Anabolic steroids are controlled substances that pose significant health risks when used unlawfully.  Root and his organization obtained these dangerous substances from China and then distributed them throughout the country, imperiling all who purchased them.  Thanks to outstanding teamwork among federal and state agencies, Root and his co-conspirators are being held accountable.”

 

DEA Special Agent in Charge James J. Hunt said: “Using steroids or any synthetically derived controlled substance without regulation is like playing Russian roulette.  Root used his drug trafficking organization to distribute unregulated anabolic steroids, putting other people’s lives at risk.  By working with our law enforcement partners, this organization was dismantled.”

 

New York State Police Superintendent George P. Beach II said: “This investigation uncovered a large conspiracy to illegally acquire and distribute anabolic steroids, which exposed users to potentially dangerous health risks. The ongoing collaboration between state and federal agencies was a critical factor in the success of this case, and I thank our federal partners for their outstanding work.”

 

Postal Inspector in Charge Shelly A. Binkowski said: “The U.S. Postal Service is in the business of moving the mail and has no interest in being involved in the distribution of illegal drugs.  Anabolic steroids are a controlled substance and like any other illegal drug, we want to keep them out of the U.S. Mail and away from the general public who may not be aware of the full risks associated with their use.  I commend all of our law enforcement partners who came together to bring these criminals to justice.”

 

Root and 9 co-conspirators were arrested on September 23, 2015.  Root is the eighth defendant to plead guilty in this case.  The 2 defendants whose charges are not resolved, Kent Fletcher and Michael Gisondi, are presumed innocent unless and until proven guilty.

 

The name of each defendant is set forth in the chart below, along with each defendant’s age, place of residence, charges, and the maximum penalties they face.  None of the defendants who have pled guilty have been sentenced yet.  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 U.S. District Judge Thomas J. McAvoy will sentence Root on March 13, 2017.

 

This case is the result of a joint investigation conducted by the DEA, the New York State Police, and the United States Postal Inspection Service.  The case is being prosecuted by Assistant United States Attorney Solomon B. Shinerock.

 

Defendants Who Have Pled Guilty

 

Name

Age

Residence

Charges

Maximum Term of Imprisonment

Boylan, Paul

32

Endicott, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Clark, Kyle

31

Dallas, Texas

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

 

10 years

 

 

Doane, Caleb

31

Rancho Cucamonga, California

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Garcia, Jason

22

Duluth, Georgia

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

O’Brien, Jeremiah

35

Binghamton, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

Progovitz, Richard

38

Owego, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

Root, Ryan

37

West New York, NJ

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Strassle, Derek

33

Endicott, New York

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

 

 

Defendants Still Facing Charges

 

Name

Age

Residence

Charges

Maximum Potential Term of Imprisonment

Fletcher, Kent

48

Alpharetta, Georgia

Conspiracy to Possess with Intent to Distribute Anabolic Steroids and International Money Laundering

20 years

Gisondi, Michael

50

Belleville, New Jersey

Conspiracy to Possess with Intent to Distribute Anabolic Steroids

10 years

 

 

Employee Caused Minnesota Company $25 Million in Losses

A Greene County, New York, woman pleaded guilty today to stealing at least $3.1 million from Cargill Inc. (Cargill) over 10 years and causing at least $25 million in losses.  The woman was an accounting manager at Cargill, the country’s largest privately held corporation, based in Minnetonka, Minnesota.

The announcement was made by U.S. Attorney Richard S. Hartunian of the Northern District of New York; Special Agent in Charge Andrew W. Vale of the FBI’s Albany Division; and Special Agent in Charge Shantelle P. Kitchen of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

Diane Backis, 50, of Athens, New York, pleaded guilty to mail fraud and filing a false income tax return.  Backis was responsible for accounting functions in Albany related to Cargill’s grain operations, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments.  As part of her plea, Backis admitted that she defrauded Cargill while working in its Port of Albany facility, which receives, stores and sells grain products.

“Ms. Backis stole millions of dollars from her employer in a decade-long scheme to enrich herself so she could live beyond her means,” said U.S. Attorney Hartunian.  “She stole money by diverting customer payments to her personal bank accounts and sold grain products for millions less than her employer paid, causing enormous financial losses.  Her guilty plea today sends a strong message that crime does not pay.”

“Ms. Backis repeatedly victimized her employer,” said FBI Special Agent in Charge Vale.  “This kind of fraud is a sinister act that involves not only criminality but a willingness to cause Cargill, Inc. millions in losses.  The FBI will continue to work together with its law enforcement partners to ensure people like Ms. Backis are held accountable.”

“This investigation demonstrates the resolve of the government to investigate and prosecute financial crimes,” said IRS-CI Special Agent in Charge Kitchen.  “Ms. Backis stole millions of dollars from Cargill, Inc. for a 10-year period, while committing tax fraud in the process.  Today, she is held accountable for the financial harm she inflicted on Cargill Inc. and the law-abiding American taxpayer.”

As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts.  Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers.  The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses.  The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls.  To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices and that customers owed Cargill millions of dollars for delivered grain products, only to reverse those false entries.  As a result, Cargill lost at least $25 million.

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

Backis faces up to 20 years in prison, a three-year term of supervised release and a fine of up to $250,000 when she is sentenced on March 28, 2017 by U.S. District Judge Mae A. D’Agostino in Albany.  As part of her guilty plea, Backis has agreed to pay Cargill at least $3.5 million in restitution and to forfeiture of her house in Athens, an investment brokerage account, and her Cargill pension benefits.

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

The case was investigated by the FBI and IRS-CI, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers in the Northern District of New York.

ALBANY, NEW YORK –  John Coffin, aka “Body,” age 47, of Schenectady, New York, was sentenced today to 125 months in prison, to be followed by 5 years of supervised release, for possessing a firearm in furtherance of a drug trafficking crime.

 

The announcement was made by 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 August 4 guilty plea, Coffin admitted that he possessed a loaded 9 millimeter rifle at his home in Schenectady, and that he used that firearm to protect the drugs and cash – which were drug proceeds – he kept at his home.  In imposing sentence, Senior United States District Judge Gary L. Sharpe described Coffin’s criminal history as “absolutely abysmal” and noted his “absolute penchant for drugs and guns.”

 

This case was investigated by the FBI, the New York State Police, and the Schenectady Police Department.  The case was prosecuted by Assistant United States Attorney Wayne A. Myers.

ALBANY, NEW YORK – A Greene County, New York, woman pled guilty today to stealing at least $3.1 million from Cargill, Inc. (“Cargill”) over 10 years and causing at least $25 million in losses.  The woman was an accounting manager at Cargill, the country’s largest privately held corporation, based in Minnetonka, Minnesota.

The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Andrew W. Vale of the FBI’s Albany Division; and Special Agent in Charge Shantelle P. Kitchen of Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

Diane Backis, age 50, of Athens, New York, pled guilty to mail fraud and filing a false income tax return.  Backis was responsible for accounting functions related to Cargill’s grain operations in Albany, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments.  As part of her plea, Backis admitted that she defrauded Cargill while working in its Port of Albany facility, which receives, stores, and sells grain products.

U.S. Attorney Richard S. Hartunian said, “Ms. Backis stole millions of dollars from her employer in a decade-long scheme to enrich herself so she could live beyond her means.  She stole money by diverting customer payments to her personal bank accounts and sold grain products for millions less than her employer paid, causing enormous financial losses.  Her guilty plea today sends a strong message that crime does not pay.”

FBI Special Agent-in-Charge Andrew W. Vale said, “Ms. Backis repeatedly victimized her employer.  This kind of fraud is a sinister act that involves not only criminality but a willingness to cause Cargill, Inc. millions in losses.  The FBI will continue to work together with its law enforcement partners to ensure people like Ms. Backis are held accountable.”

IRS-CI Special Agent-in-Charge Shantelle P. Kitchen said, “This investigation demonstrates the resolve of the government to investigate and prosecute financial crimes.  Ms. Backis stole millions of dollars from Cargill, Inc. for a 10-year period, while committing tax fraud in the process.  Today, she is held accountable for the financial harm she inflicted on Cargill, Inc. and the law-abiding American taxpayer.”

As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts.  Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers.  The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses.  The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls.  To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices, and that customers owed Cargill millions of dollars for delivered grain products, only to reverse those false entries.  As a result, Cargill lost at least $25 million.

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

Backis faces up to 20 years in prison, a 3-year term of supervised release, and a fine of up to $250,000 when she is sentenced on March 28, 2017 by U.S. District Judge Mae A. D’Agostino.  As part of her guilty plea, Backis has agreed to pay Cargill at least $3.5 million in restitution, and to forfeiture of her house in Athens, an investment brokerage account, and her Cargill pension benefits.  A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

SYRACUSE, NEW YORK - Harold Jones, 23, of Utica, New York, pled guilty today to being a felon in possession of a firearm and ammunition.

 

The announcement was made by U.S. 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).

 

As part of his plea, Jones admitted that on April 20, 2016, he possessed a Smith & Wesson .40 caliber pistol and Twelve (12) rounds of .40 caliber ammunition. Jones was prohibited from possessing the pistol and ammunition because he has prior felony convictions for a New York drug offense and for Attempted Burglary.

 

Jones faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced on March 23, 2017 by Senior U.S. District Judge Frederic J. Scullin. 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 & Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown

ALBANY, NEW YORK – David J. Rancourt, age 61, of Palmer, Massachusetts, pled guilty today to attempted coercion and enticement of a minor for prohibited sexual activity, and to having distributed, received, and possessed child pornography.

 

The announcement was made by U.S. 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 plea, Rancourt admitted that he posted an online advertisement titled “Dad looking for a son,” in which he solicited 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 in order to meet at a prearranged time and place to engage in sexual activities with a person he believed to be a 14-year-old boy.  He also sent and received child pornography using a phone-based instant messaging application and possessed child pornography on his phone.

 

Rancourt faces at least 10 years and up to life in prison on the attempted coercion and enticement charge, and at least 5 years and up to 20 years in prison for receiving and distributing child pornography.  He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration 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.  U.S. District Judge Mae A. D’Agostino is scheduled to sentence Rancourt on March 23, 2017.

 

This case was investigated by the Colonie Police Department and the FBI, and is being 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 – Parker S. Sikand, age 24, of Ballston Spa, New York, pled guilty today to distributing, receiving and possessing child pornography.

 

The announcement was made by 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, Sikand admitted that while living in Troy, New York, in September and October 2012, he distributed, received and possessed videos depicting children, some as young as 2-3 years old, engaged in sexual acts.  He admitted to distributing and receiving these videos through an Internet peer-to-peer file-sharing service, and to possessing them on a laptop computer and a separate computer hard drive.

 

Sikand faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, a term of post-imprisonment supervised release of at least 5 years and up to life, and mandatory registration 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.  U.S. District Judge Mae A. D’Agostino is scheduled to sentence Sikand on March 23, 2017. 

 

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

ALBANY, NEW YORK – Jason Twiss, age 28, of Albany, New York, pled guilty yesterday to illegally possessing two firearms, attempting to possess heroin with the intent to distribute it, and carrying firearms in relation to a drug trafficking crime.

 

The announcement was made by U.S. 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).

 

As part of his plea, Twiss admitted that on December 10, 2014, he drove to Kingston, New York, for the purpose of purchasing heroin that he could then sell.  While parked in the Kingston Hospital parking lot, Twiss carried and displayed a loaded Ruger .22 caliber semi-automatic rifle with a 30-round magazine, and a loaded Glock 9 millimeter semi-automatic pistol, to guard against the potential theft of the money he had brought to purchase the narcotics. 

 

As a felon, Twiss could not legally possess either the Ruger or the Glock. 

 

Twiss faces at least 5 years and up to life in prison, a fine of up to $750,000, and a term of post-imprisonment supervised release of at least 3 years and up to life when he is sentenced on March 13, 2017 by Senior U.S. 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 ATF and the Kingston Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

SYRACUSE, NEW YORK – Federal and Onondaga County prosecutors held a Law Enforcement Executive Roundtable meeting today with local and New York State police agencies to discuss policies and procedures for investigating drug overdose deaths and prosecuting those responsible for them, announced United States Attorney Richard S. Hartunian and Onondaga County District Attorney William J. Fitzpatrick.

 

The meeting was held in the United States Attorney’s Office for the Northern District of New York in Syracuse. Among the topics discussed were the elements of available criminal charges under federal and state law for distribution of a controlled substance that results in death or serious physical injury. Prosecutors, Chiefs of Police, and command level law enforcement supervisors discussed investigative techniques, evidence handling, coordination with federal law enforcement agencies, and consultation with prosecutors during the current opioid drug and heroin epidemic. Local agencies are the first responders for drug overdoses and their officers frequently administer Narcan (naloxone), an antidote that will temporarily counteract the effects of lethal opioid drug ingestion.  Local police agencies also spearhead criminal investigations of drug overdose deaths during the critical initial phase where evidence is gathered and witnesses interviewed.

 

Attendees heard a presentation from Onondaga County Medical Examiner Dr. Robert Stoppacher, whose office is vital to the investigation of homicide cases under both federal and state law.

 

In addition to the United States Attorney’s Office and the Onondaga County District Attorney’s Office, command level executives from the following law enforcement agencies participated in today’s meeting:

 

United States Drug Enforcement Administration (DEA)

New York State Police

Syracuse Police Department

Onondaga County Sheriff’s Office

Town of Dewitt Police Department

Town of Manlius Police Department

Town of Cicero Police Department

Village of Baldwinsville Police Department

Town of Camillus Police Department

New York State University Police

Town of Geddes Police Department

Village of Liverpool Police Department

Village of Skaneateles Police Department

Village of North Syracuse Police Department

Village of Solvay Police Department

 

There will be further coordination between police and prosecutors on this important criminal justice/public health initiative in the future.

ALBANY, NEW YORK – Roberta L. Rivers, age 58, of South Glens Falls, New York, was sentenced today to serve 5 months of home confinement, and 3 years of supervised release, for stealing over $112,000 in benefits from the Social Security Administration (SSA).

 

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 May 17, 2016 guilty plea, Rivers admitted that she withheld information from the SSA that would have made her ineligible to receive the Supplemental Security Income (SSI) and Survivors Insurance benefits she collected from July 2002 through November 2013.  Rivers did not report that she had remarried and resided with her husband, a change in circumstance she was required to disclose.

 

Senior District Court Judge Gary L. Sharpe also ordered Rivers to pay $112,072 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.

ALBANY, NEW YORK – Tyron S. Jackson, age 28, of Rensselaer, New York, was sentenced yesterday to 46 months in prison, to be followed by 3 years of supervised release, after pleading guilty to unlawfully possessing a single bullet. 

 

The announcement was made by U.S. 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).

 

Senior U.S. District Judge Gary L. Sharpe cited the defendant’s criminal history, including a 2006 conviction for robbery in the first degree and a May 2016 conviction for unlawful possession of a firearm, in explaining why the 46-month sentence was warranted.

 

As part of his guilty plea on June 20, 2016, Jackson admitted to possessing a single 9 millimeter Luger bullet during a September 25, 2015 traffic stop conducted by the Niskayuna Police Department on Albany Street in Schenectady County.  As a felon, he could not possess the Luger bullet. 

 

This case was investigated by the ATF and the Niskayuna Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

UTICA, NEW YORK – Eric Jaquays, age 54, of Little Falls, New York, was sentenced today to 5 years of imprisonment for distributing child pornography.

 

The announcement was made by U.S. 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 July 20, 2016 plea, Jaquays admitted that between December 27, 2104 and December 12, 2015, he used the Internet and a peer-to-peer file sharing program to distribute 27 video files containing child pornography. 

 

United States District Judge David N. Hurd also imposed a 5-year term of supervised release, which will start after Jaquays is released from prison.  As a result of his conviction, Jaquays will be required to register as a sex offender after leaving prison. 

 

This case was investigated by HSI and the Saratoga Springs Police Department, and was prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Darren Kattan 31, of Baton Rouge, Louisiana, pled guilty today in Federal Court in Syracuse to one felony count of conspiracy to commit mail fraud in connection with a violation of the Clean Air Act, announced United States Attorney Richard S. Hartunian, and Vernesa Jones-Allen, Special Agent in Charge, EPA-CID, New York Area Office. Kattan will be sentenced by Senior District Judge Norman A. Mordue on March 16, 2017.

 

In pleading guilty, Kattan admitted that between 2010 and 2013 he designed, built, and sold “simulator devices” which were programmed to fraudulently by-pass motor vehicle emissions inspection tests. In total, members of the conspiracy distributed one hundred and seventy (170) of the simulator devices throughout the United States.  Kattan was arrested by Special Agents of the Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”) during a sting operation in Louisiana after he provided the source codes for his devices in exchange for a $10,000 payment.

 

The charge to which Kattan pled guilty carries a maximum sentence of up to five (5) years in prison, a term of supervised release of up to three (3) years and a fine of up to $250,000.

 

This case is being investigated by EPA-CID, the New York State Department of Environmental Conservation, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason, United States Department of Justice, Environmental Crimes Section.

ALBANY, NEW YORK – Jonathon P. Shappy, age 29, of Schuyler Falls, New York, pled guilty yesterday to aiding and abetting the making of a false statement during the purchase of a rifle.

 

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.

 

During his plea, Jonathon Shappy admitted that on March 6, 2016, after being denied the purchase of a Henry Repeating Arms .22 caliber rifle from a store in Plattsburgh, he called his uncle, Donald J. Shappy, Jr., and asked Donald to purchase the gun for him.  On March 7, 2016, Donald Shappy purchased the firearm and in so doing falsely certified he was the true purchaser of the firearm. 

 

Donald Shappy pled guilty on August 4, 2016 to making a false statement during the purchase of a firearm.  He is scheduled to be sentenced on December 1, 2016.

 

As a result of his conviction, Jonathon Shappy faces up to 10 years in prison, a fine of up to $250,000, and up to 3 years of post-imprisonment supervised release when he is sentenced by U.S. District Judge Mae D’Agostino on March 13, 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 ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Three Assistant United States Attorneys for the Northern District of New York and two Special Agents of the Federal Bureau of Investigation in the District were honored today in our nation’s capital for their distinguished public service. Attorney General Loretta E. Lynch recognized 376 Department of Justice employees and 47 others (from outside DOJ) for their distinguished public service today at the 64th Annual Attorney General’s Awards Ceremony in Washington, D.C.  This annual ceremony recognizes individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.

 

Assistant U.S. Attorneys Steven D. Clymer, Lisa M. Fletcher, and Tamara B. Thomson, and FBI Special Agents Frederick E. Bragg and Alix Skelton received Attorney General’s Distinguished Service Awards for their work on the investigation and prosecution of Stephen M. Howells, II, 40, and Nicole F. Vaisey, 26, both of Hermon, New York, in connection with their 2014 kidnapping and exploitation of two young Amish girls in St. Lawrence County. 

 

“The Attorney General’s Awards provide us with a rare opportunity to honor the efforts of outstanding department employees and our invaluable partners across the federal government and at the state and local levels,” said Attorney General Lynch.  “Their work has made our nation – and our world – stronger, safer and more just, and I am proud of and inspired by each and every one of them.”

 

“I am extremely proud that this team of federal prosecutors and FBI Special Agents are being honored for their outstanding work in bringing these depraved predators to justice. Howells and Vaisey drugged and sexually exploited young children, some of whom had been entrusted to their care and others that they abducted, sexually abused, and imprisoned. The lengthy sentences imposed in this case will ensure that no other children will ever be victimized by these defendants, who will remain incarcerated for the rest of their lives. This is the direct result of the work of these five dedicated professionals,” said United States Attorney Richard S. Hartunian.

 

Howells and Vaisey were arrested in August of 2014 following a massive manhunt and search in St. Lawrence County, New York after two young Amish girls were abducted from a roadside vegetable stand at their family farm. Howells and Vaisey lured the girls into a car, then abducted them. After drugging and abusing the girls, as well as filming and photographing them, Howells and Vaisey allowed them to be released and they went a nearby house. Following the arrest of Howells and Vaisey on August 15, 2014, the execution of a federal search warrant at their residence located drugs used on the two girls, video and photographic equipment, computers and electronic media containing child pornography. A forensic review of these items located evidence that the pair had abused and exploited four other minor victims who were the children of friends and relatives of Howells and Vaisey. Searches of computers possessed by Howells and Vaisey revealed thousands of images and videos of child pornography downloaded and collected by Howells from the internet and representing the exploitation of hundreds of additional children, including infants and toddlers.

 

Both Vaisey and Howells pled guilty in May 2015 to a superseding indictment alleging that they conspired to sexually exploit minors and exploiting minors (Nicole F. Vaisey-nine counts involving the exploitation of four minor victims) (Stephen M. Howells, II-fifteen counts involving the exploitation of six minor victims).  Howells also pled guilty to five counts of possession of material that contains child pornography. In November 2015 Howells was sentenced to serve 580 years in prison and Nicole F. Vaisey was sentenced to serve 300 years in prison for these crimes.

SYRACUSE, NEW YORK – Michael J. Mahannah, 33, of Auburn was sentenced today in federal court to serve fifteen (15) years in prison to be followed by a ten (10) year term of supervised release in connection with his guilty pleas to eighteen counts of the possession, receipt and distribution of child pornography, announced United States Attorney Richard S. Hartunian.  As part of his sentence, Mahannah will also be required to register as a sex offender upon release from prison.

 

In pleading guilty, Mahannah admitted to sending and receiving images of child pornography that he obtained from a Russian website and to storing a number of those images on his mobile telephone.  Mahannah faced a higher mandatory minimum sentence because he has a prior conviction for a sex offense – specifically, a 2009 conviction in New York State court for Sexual Misconduct.

 

This case was investigated by the United States Secret Service, the New York State Police, the Syracuse Police Department, and the Cayuga County District Attorney’s Office, as part of Project Safe Childhood. 

 

Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse.  Launched in May 2006 by the Department of Justice, and 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 www.projectsafechildhood.gov.

 

The case was prosecuted by Assistant United States Attorneys Lisa Fletcher and Nicolas Commandeur.

SYRACUSE, NEW YORK –Craig Alexander, 31, of Brooklyn, was sentenced today to serve 64 months in prison for committing credit card fraud and aggravated identity theft in September of 2014 in Utica, New York and at the Turning Stone Resort and Casino in Verona, New York.

 

The announcement was made by United States Attorney Richard S. Hartunian and Resident Agent in Charge Tim Kirk of the Syracuse Office of the United States Secret Service.

 

“Identity theft and credit card fraud cost financial institutions and individuals billions of dollars every year and cause irreparable harm to individuals whose credit is left in tatters.  Too many of our citizens suffer at the hands of these criminals, who use the victim’s good name to steal, and my office will continue to prosecute these cases aggressively,” said U.S. Attorney Hartunian. 

 

“This verdict represents the culmination of an investigation that required the cooperation of the Utica Police Department, Oneida Indian Nation Police, New York State Police Troop D, and the Secret Service,” stated Resident Agent in Charge Tim Kirk. “Each agency was integral to building the case, and ultimately securing a conviction.”

 

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

 

The jury in this case returned a verdict of guilty on all counts on June 22, 2016, after a three-day trial. The evidence at trial showed that Alexander assumed a man’s identity after that man lost his wallet in a New York City park and then used counterfeit credit cards encoded with the bank account information of at least 28 others whose personal information had also been stolen.  He bought high-end products, such as iPads, and also got cash advances from merchants in Utica, New York.  

 

This case was investigated by the United States Secret Service, New York State Police, Oneida Indian Nation Police, and the Utica Police Department, and was prosecuted by Assistant U.S. Attorneys Emmet O’Hanlon and Ransom Reynolds.

ALBANY, NEW YORK – Joseph Felix Strevell, age 55, of Castleton, New York, pled guilty today to repeatedly lying under oath at a December 2014 deposition where he was questioned about his ability and efforts to pay court-ordered restitution to New York State.

 

The announcement was made by U.S. Attorney Richard S. Hartunian, New York State Police Superintendent George P. Beach II, and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).

 

U.S. Attorney Richard S. Hartunian said: “Strevell repeatedly lied under oath to an Assistant United States Attorney about his ability and efforts to pay restitution ordered as part of his 2009 mail fraud conviction.  Court-imposed restitution is a mandatory obligation, and we will aggressively investigate every felon who tries to avoid compensating victims.”

 

FBI Special Agent in Charge Andrew W. Vale said: “Strevell attempted to victimize the State of New York twice. First, through fraud and again through perjurious statements about the source of his funds. Thanks to the efforts of the New York State Police and our law enforcement partners, Strevell will be held accountable for his actions.”

 

From 1997 to 1999, Strevell served as a Deputy Secretary of State for the State of New York.  He left that position in December 1999 to serve as the head of the state-funded Institute for Entrepreneurship, which he led until July 2001.  In 2007, Strevell pled guilty in federal court to defrauding New York State while leading the Institute, including by using Institute funds to give himself a $95,000 lump-sum raise without the approval of the Institute’s Board of Directors, and by improperly using Institute funds to pay for his and his family’s personal expenses.

 

In March 2009, U.S. District Judge Gary L. Sharpe entered judgment against Strevell on this conviction, requiring him to pay $111,500 in restitution to his victim, New York State. The judgment required Strevell to pay restitution at a minimum rate of $100 per month or 10 percent of his gross monthly earnings, whichever was greater, and to pay full restitution immediately if at any time he had the resources to do so. 

 

In December 2014, the Civil Division of the U.S. Attorney’s Office deposed Strevell under oath to determine whether he was complying with his restitution obligation.  When questioned about how he was able to make a $75,440 down payment on a lease with an option to purchase a 138.55-acre horse farm in Rensselaer County in April and May 2013, Strevell falsely testified that his mother and aunt provided the majority of the funds used to make the down payment.  In fact, neither Strevell’s mother nor aunt contributed toward the down payment.

 

Strevell also lied during that deposition about whether he had paid for his daughter’s wedding in May 2014.  Strevell falsely testified that he contributed only “a couple thousand dollars” toward wedding expenses.  But in fact Strevell paid for most of the wedding, contributing more than $30,000 toward wedding expenses, including by paying $10,435 in cash to one wedding vendor directly and transferring tens of thousands of dollars from his business to his daughter. 

 

Strevell faces a maximum of 5 years in prison, a $250,000 fine, and 3 years of post-imprisonment supervised release when he is sentenced in March by Senior U.S. 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 New York State Police and the FBI, and is being prosecuted by Assistant U.S. Attorneys Jeffrey C. Coffman and Michael Barnett.

SYRACUSE, NEW YORK – Donald Grant, 40, of Binghamton, New York, pled guilty today to assisting in 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.

 

As part of his guilty plea, Grant admitted that over the course of four years he prepared twenty-seven tax returns that contained false information.  These returns contained false claims of business income, business losses, and educational expenses, which gave Grant’s thirteen taxpayer clients 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, encouraged clients to provide false information to investigators, and provided false information himself, when interviewed by an IRS.

 

Sentencing is scheduled for March 9, 2017 before United States District Judge David N. Hurd.  Grant faces up to 3 years in prison on both counts, a maximum fine of $100,000 for preparing a false return and $5,000 for interfering with Internal Revenue Laws, and a maximum term of supervised release of 1 year.  At sentencing, Grant may also be ordered to pay restitution to the IRS.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

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