Public Health Emergency of OPIOD OVERDOSE Get a NARCAN KIT

(Buffalo Police Department) 

ERIE COUNTY, NY - The Erie County Department of Health, the NYNJHIDTA and the Erie County Opiate Epidemic Task Force are sending this alert to the community regarding an increase in suspected opioid overdose deaths from March 1 - March 3, 2020.

During this timeframe, we have been alerted to seven deaths potentially attributed to opioids. This indicates a product on the street of unusually strong potency.

If you are struggling with Substance Use Disorder, please make sure you are carrying Narcan (naloxone) at all times. Try a smaller dose first, and realize that many street substances including heroin, cocaine and methamphetamine are cut with fentanyl, a very strong opioid, today.

If you are seeking help, the Erie County Addiction Hotline is available 24/7 at 716-831-7007. You can also walk into any hospital emergency room and enroll in Buffalo MATTERS to access MAT (medication assisted treatment) on the spot if medically eligible.

Be safe. Carry Narcan. Call 716-858-8423 to get a Narcan kit or directions on how to use Narcan.

Troy Woman Pleads Guilty to Stealing Social Security Benefits

Jessica Pascale Committed Thefts While Employed as a Social Security Claims Representative
ALBANY, NEW YORK – Jessica Pascale, age 34, of Troy, New York, pled guilty today to defrauding the Social Security Administration (SSA) by diverting and stealing the benefit payments of two minor children while she was employed as a Social Security claims representative.

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

As part of her guilty plea, Pascale admitted that in July and September 2019, she used the SSA computer system in the SSA’s Troy office to divert two Supplemental Security Income (SSI) benefit payments intended for two minor children, totaling $3,309.34, into her personal bank account.  Neither the children, nor their parents, were aware of the thefts, which were discovered through internal controls at SSA.   Pascale pled guilty to four felony charges: two charges of theft of government property and two charges of fraud in connection with identification information.

At sentencing on May 20, 2020, Pascale faces up to 15 years in prison and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

Former Saratoga Race Course Worker Pleads Guilty to Methamphetamine Trafficking

BINGHAMTON, NEW YORK – Francisco Alarcon Badillo, age 28 and a citizen of Mexico, pled guilty on January 17 to selling crystal methamphetamine while employed at the Saratoga Race Course.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, New York Division, U.S. Drug Enforcement Administration (DEA); and Saratoga Springs Police Department Chief Shane Crooks.

Badillo admitted that he sold crystal methamphetamine from May 2019 to August 2019, while residing at and working on the grounds of the Saratoga Race Course in Saratoga Springs, New York.  Badillo admitted to hiding the drugs in various locations within the Race Course property, including his dormitory room.  He admitted to selling more than 400 grams of crystal methamphetamine.

Badillo faces at least 10 years and up to life in prison when he is sentenced on May 28, 2020 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, and the Saratoga Springs Police Department, with assistance from the New York Racing Association.  The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

Man Sentenced for Threatening to Kill Employees and Residents of a Veterans Nonprofit

ALBANY, NEW YORK – Fred Hood, a/k/a “Taylor Taylor,” age 57, was sentenced today to time served (about 10.5 months in jail) for threatening to kill employees and residents of a Massachusetts veterans services program.

The announcement was made by United States Attorney Grant C. Jaquith and Chief Thomas Gibbons of the U.S. Department of Veterans Affairs Police in Albany.

As part of his guilty plea on September 20, 2019, Hood admitted that he sent multiple electronic messages from a VA facility in Albany to individuals at a nonprofit veterans services organization, threatening to commit a shooting attack at the organization’s residence on the campus of the Northampton VA Medical Center in Leeds, Massachusetts.

United States District Judge Mae A. D’Agostino sentenced Hood – who has been in custody since March 2, 2019 – to time-served and to a 3-year term of post-imprisonment supervised release.

This case was investigated by the VA Police with assistance from the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

Iranian Export Company Executive Sentenced for Violating U.S. Sanctions Against Iran

ALBANY, NEW YORK - Mahin Mojtahedzadeh, age 74, and a citizen of Iran, was sentenced today to time served (443 days in jail) for conspiring to unlawfully export gas turbine parts from the United States to Iran.

The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan Carson, Special Agent in Charge, the U.S. Department of Commerce, Office of Export Enforcement, New York Field Office.

United States District Judge Mae A. D’Agostino also ordered Mojtahedzadeh to pay a $5,000 fine.  Mojtahedzadeh had been in law enforcement custody since November 14, 2018 and will now be placed into immigration custody for the purposes of removal from the United States.

On July 19, 2019, she pled guilty to one count of conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions and Sanctions Regulations.  She admitted that she was the President and Managing Director of ETCO-FZC (“ETCO”), an export company with an office in Dubai in the United Arab Emirates.  ETCO is a supplier of spare and replacement turbine parts for power generation companies in the Middle East, including Iran.

Mojtahedzadeh admitted that from 2013 through 2017, she worked with companies in Canada and Germany to violate and evade U.S. sanctions against Iran, by having these companies first acquire more than $3 million dollars’ worth of turbine parts from two distributors in Saratoga County, New York. 

When the U.S. parts arrived in Canada and Germany, respectively, these companies and Mojtahedzadeh then arranged for the parts to be re-shipped to ETCO’s customers in Iran.  At all times, U.S. law prohibited the export and re-export of U.S.-origin turbine parts to Iran without a license from the U.S. Office of Foreign Assets Control (OFAC), which neither Mojtahedzadeh nor her co-conspirators possessed.

United States Attorney Grant C. Jaquith stated: “This investigation struck a blow to Iranian efforts to obtain U.S. goods needed for Iran’s domestic energy production, and brought to justice three foreign nationals who conspired to circumvent economic sanctions that protect the national security of the United States.”

FBI Special Agent in Charge James N. Hendricks stated: “Anyone looking to evade sanctions and put our nation at risk should be on notice. The FBI, along with our interagency partners, will continue to vigorously investigate these crimes and ensure perpetrators, like Mahin Mojtahedzadeh, are brought to justice.”

Kevin Kelly, HSI Buffalo Special Agent in Charge, stated: “The illegal exportation of sensitive and restricted technology is a detriment to our national security.  HSI is committed to enforcing these laws and ensuring that safeguards are maintained.  The defendant’s admission of guilt and the sentence they received today is a clear example of the consequences awaiting those who engage in such actions.”

Special Agent in Charge Jonathan Carson, of the U.S. Department of Commerce, Office of Export Enforcement, New York Field Office stated: “We will fully and aggressively enforce our nation’s restrictions on exports to Iran.  Controls on exports to Iran help apply maximum pressure on Iran to end its promotion of instability and terrorism worldwide.  The Office of Export Enforcement will continue to leverage our unique authorities to pursue violators wherever they are, worldwide. We will continue to work with our law enforcement partners to achieve this goal.”

Two of Mojtahedzadeh’s co-conspirators have previously pled guilty and been sentenced.

Olaf Tepper, a citizen of Germany, pled guilty to conspiring to violate IEEPA.  On August 3, 2018, Judge D’Agostino sentenced him to 24 months in prison, and to pay a $5,000 fine. Tepper was the founder and Managing Director of Energy Republic GmbH (“Energy Republic”), based in Cologne, Germany, which re-exported U.S.-origin turbine parts to Iran, as part of a conspiracy with Mojtahedzadeh.

Mojtaba Biria, a citizen of Germany, also pled guilty to conspiring to violate IEEPA.  On August 14, 2019, Judge D’Agostino sentenced him to time served (approximately 21 months in jail).  Biria was Energy Republic’s Technical Managing Director. 

These cases are the result of a joint investigation by FBI, HSI and the Department of Commerce Office of Export Enforcement, and were prosecuted by Assistant U.S. Attorneys Rick Belliss and Michael Barnett, with assistance from Trial Attorney Scott A. Claffee of the Department of Justice’s National Security Division, Counterintelligence & Export Control Section.

Iranian Export Company Executive Sentenced for Violating U.S. Sanctions Against Iran

ALBANY, NEW YORK - Mahin Mojtahedzadeh, age 74, and a citizen of Iran, was sentenced today to time served (443 days in jail) for conspiring to unlawfully export gas turbine parts from the United States to Iran.

The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan Carson, Special Agent in Charge, the U.S. Department of Commerce, Office of Export Enforcement, New York Field Office.

United States District Judge Mae A. D’Agostino also ordered Mojtahedzadeh to pay a $5,000 fine.  Mojtahedzadeh had been in law enforcement custody since November 14, 2018 and will now be placed into immigration custody for the purposes of removal from the United States.

On July 19, 2019, she pled guilty to one count of conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions and Sanctions Regulations.  She admitted that she was the President and Managing Director of ETCO-FZC (“ETCO”), an export company with an office in Dubai in the United Arab Emirates.  ETCO is a supplier of spare and replacement turbine parts for power generation companies in the Middle East, including Iran.

Mojtahedzadeh admitted that from 2013 through 2017, she worked with companies in Canada and Germany to violate and evade U.S. sanctions against Iran, by having these companies first acquire more than $3 million dollars’ worth of turbine parts from two distributors in Saratoga County, New York. 

When the U.S. parts arrived in Canada and Germany, respectively, these companies and Mojtahedzadeh then arranged for the parts to be re-shipped to ETCO’s customers in Iran.  At all times, U.S. law prohibited the export and re-export of U.S.-origin turbine parts to Iran without a license from the U.S. Office of Foreign Assets Control (OFAC), which neither Mojtahedzadeh nor her co-conspirators possessed.

United States Attorney Grant C. Jaquith stated: “This investigation struck a blow to Iranian efforts to obtain U.S. goods needed for Iran’s domestic energy production, and brought to justice three foreign nationals who conspired to circumvent economic sanctions that protect the national security of the United States.”

FBI Special Agent in Charge James N. Hendricks stated: “Anyone looking to evade sanctions and put our nation at risk should be on notice. The FBI, along with our interagency partners, will continue to vigorously investigate these crimes and ensure perpetrators, like Mahin Mojtahedzadeh, are brought to justice.”

Kevin Kelly, HSI Buffalo Special Agent in Charge, stated: “The illegal exportation of sensitive and restricted technology is a detriment to our national security.  HSI is committed to enforcing these laws and ensuring that safeguards are maintained.  The defendant’s admission of guilt and the sentence they received today is a clear example of the consequences awaiting those who engage in such actions.”

Special Agent in Charge Jonathan Carson, of the U.S. Department of Commerce, Office of Export Enforcement, New York Field Office stated: “We will fully and aggressively enforce our nation’s restrictions on exports to Iran.  Controls on exports to Iran help apply maximum pressure on Iran to end its promotion of instability and terrorism worldwide.  The Office of Export Enforcement will continue to leverage our unique authorities to pursue violators wherever they are, worldwide. We will continue to work with our law enforcement partners to achieve this goal.”

Two of Mojtahedzadeh’s co-conspirators have previously pled guilty and been sentenced.

Olaf Tepper, a citizen of Germany, pled guilty to conspiring to violate IEEPA.  On August 3, 2018, Judge D’Agostino sentenced him to 24 months in prison, and to pay a $5,000 fine. Tepper was the founder and Managing Director of Energy Republic GmbH (“Energy Republic”), based in Cologne, Germany, which re-exported U.S.-origin turbine parts to Iran, as part of a conspiracy with Mojtahedzadeh.

Mojtaba Biria, a citizen of Germany, also pled guilty to conspiring to violate IEEPA.  On August 14, 2019, Judge D’Agostino sentenced him to time served (approximately 21 months in jail).  Biria was Energy Republic’s Technical Managing Director. 

These cases are the result of a joint investigation by FBI, HSI and the Department of Commerce Office of Export Enforcement, and were prosecuted by Assistant U.S. Attorneys Rick Belliss and Michael Barnett, with assistance from Trial Attorney Scott A. Claffee of the Department of Justice’s National Security Division, Counterintelligence & Export Control Section.

Utica Men Found Guilty of Drug Trafficking Conspiracy Abner Peralta and Luis Colon Trafficked in Kilogram-Quantities of Cocaine

SYRACUSE, NEW YORK – Abner Peralta, age 30, and Luis Colon age 35, both of Utica, New York, were found guilty yesterday of drug trafficking charges following a five-day jury trial in federal court in Utica, announced United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division.

Peralta and Colon were found guilty of conspiracy to possess with intent to distribute and the distribution of cocaine in the Utica area from October 2016 to October 2017. Additionally, Peralta was found guilty of possession with intent to distribute of 28 grams or more of cocaine base (crack cocaine). The evidence at trial showed that Peralta and Colon conspired with each other and others to distribute cocaine in the Utica area and that Peralta, the head of the conspiracy, had access to kilogram-quantities of cocaine. The evidence also showed that Peralta maintained a drug “stash house” in Utica where he kept drugs and drug packaging materials. A fingerprint analyst testified that he found Peralta’s fingerprints on some of the packaging material seized from the stash location. The cocaine base Peralta possessed with the intent to distribute was found during a search warrant of his stash location in October 2017. Law enforcement officers also searched Peralta’s house and found multiple items in the garage that tested positive for cocaine residue, including a digital scale.

At sentencing, Peralta and Colon each face a maximum term of 40 years in prison for their offenses of conviction, and Peralta additionally faces a mandatory minimum term of imprisonment of 5 years. They each face fines of up to $5 million and supervised release terms of between 4 years and life following their release from imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. A date for sentencing has not yet been set.

This case was investigated by the DEA with assistance from the New York State Police, Oneida County Sheriff’s Office, Rome Police Department, Utica Police Department, Cortland Police Department, Investigators from the Onondaga County District Attorney’s Office; U.S. Border Patrol; and Internal Revenue Service – Criminal Investigation (IRS-CI), and is being prosecuted by Assistant U.S. Attorneys Michael F. Perry and Thomas Sutcliffe.

Former Cohoes Mayor Sentenced for Stealing Campaign Contributions

ALBANY, NEW YORK – Shawn Morse, age 52, the former Mayor of Cohoes, New York, was sentenced today to two years of probation, 200 hours of community service, a $3,000 fine, and forfeiture of $12,250, for defrauding his supporters by stealing campaign contributions for his personal benefit. 

The announcement was made by United States Attorney Grant C. Jaquith and Tina Fuerholzer, Supervisory Special Agent of the Federal Bureau of Investigation (FBI).

During his guilty plea on August 20, 2019, Morse admitted that he and his campaign treasurer, Ralph Signoracci, solicited and received contributions to his political committee the “Friends of Shawn Morse” and a political action committee.  Signoracci then provided some of those funds to Morse for his personal use including an August 2015 contribution of $500 Morse used to pay a personal bill.  In total, as part of the scheme, Morse personally obtained $12,250 in political contributions from at least 10 victims to pay personal expenses at hotels, restaurants, and retailers.

As part of the scheme, Signoracci concealed the nature of the fraudulent expenditures by falsely reporting their purpose or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office.  Signoracci pled guilty to conspiracy to commit wire fraud, and was sentenced to a one-year term of probation and 100 hours of community service.

This case was investigated by the FBI, and was prosecuted by former Assistant U.S. Attorney Megan Kinsella Kistler and Assistant U.S. Attorney Daniel Hanlon.

Former Cohoes Mayor Sentenced for Stealing Campaign Contributions

ALBANY, NEW YORK – Shawn Morse, age 52, the former Mayor of Cohoes, New York, was sentenced today to two years of probation, 200 hours of community service, a $3,000 fine, and forfeiture of $12,250, for defrauding his supporters by stealing campaign contributions for his personal benefit. 

The announcement was made by United States Attorney Grant C. Jaquith and Tina Fuerholzer, Supervisory Special Agent of the Federal Bureau of Investigation (FBI).

During his guilty plea on August 20, 2019, Morse admitted that he and his campaign treasurer, Ralph Signoracci, solicited and received contributions to his political committee the “Friends of Shawn Morse” and a political action committee.  Signoracci then provided some of those funds to Morse for his personal use including an August 2015 contribution of $500 Morse used to pay a personal bill.  In total, as part of the scheme, Morse personally obtained $12,250 in political contributions from at least 10 victims to pay personal expenses at hotels, restaurants, and retailers.

As part of the scheme, Signoracci concealed the nature of the fraudulent expenditures by falsely reporting their purpose or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office.  Signoracci pled guilty to conspiracy to commit wire fraud, and was sentenced to a one-year term of probation and 100 hours of community service.

This case was investigated by the FBI, and was prosecuted by former Assistant U.S. Attorney Megan Kinsella Kistler and Assistant U.S. Attorney Daniel Hanlon.

Essex County Man Sentenced to Prison for Health Care Fraud, Paying Kickbacks

ALBANY, NEW YORK – Arshad Nazir, age 55, of Ticonderoga, New York, was sentenced yesterday to 1 year and 1 day in prison, to be followed by 3 years of supervised release, for conspiring to defraud Medicaid, and conspiring to pay bribes and kickbacks to Medicaid beneficiaries who used his medical transportation service. 

The announcement was made by:

• United States Attorney Grant C. Jaquith;
• James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);
• New York State Police Superintendent Keith M. Corlett; and
• New York State Inspector General Letizia Tagliafierro.

Senior United States District Judge Thomas J. McAvoy also ordered Nazir to pay $450,000 in restitution, $50,000 of which Nazir paid immediately following his sentencing. 

The sentencing was the result of a state and federal investigation into Medicaid fraud committed by the owners and operators of medical transportation companies based in Essex County.

Nazir operated Capital Medallion, Inc. d/b/a Avalanche Taxi Service (“Avalanche Taxi”), a Medicaid-funded transportation company based in Ticonderoga.  The New York State Department of Health (“DOH”) paid Nazir’s company at least $2.45 million for Medicaid-funded transportation between 2014 and 2018. 

As part of his plea on February 12, 2019, Nazir admitted that he committed a variety of frauds against Medicaid and DOH, including: billing Medicaid and receiving payment for trips where beneficiaries drove themselves to their own medical appointments, and falsifying the identities of the drivers for those trips; billing Medicaid and receiving payment for roundtrips to and from medical appointments when the beneficiaries took only one-way trips with Avalanche Taxi; and falsifying pick-up and drop-off locations, in order to increase the purported distances traveled and therefore be able to claim and receive higher Medicaid payments.

Nazir also admitted that he agreed to pay kickbacks and bribes to Medicaid beneficiaries in order to get these beneficiaries to schedule and keep scheduling medical transportation appointments with Avalanche Taxi.  Kickbacks included cash, cigarettes and tobacco, and free goods at Nazir’s convenience store in Ticonderoga. 

This case was investigated by the FBI, the New York State Police’s Special Investigations Unit, and the Office of the New York State Inspector General, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

Several additional agencies assisted in this investigation, including the Essex County District Attorney’s Office; New York State Police-Troop B; the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.

Owner of Essex County-Based Medical Transportation Company Admits Defrauding Medicaid

ALBANY, NEW YORK – Khalid M. Chadder, age 50, of Ticonderoga, New York, pled guilty yesterday to conspiring to defraud Medicaid.

The announcement was made by:

• United States Attorney Grant C. Jaquith;
• New York State Police Superintendent Keith M. Corlett;
• James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and
• New York State Inspector General Letizia Tagliafierro.

Chadder operated Chadder Imports, Inc., d/b/a Adirondack Taxi and Limo, Inc. (“Adirondack Taxi”), a Medicaid-funded transportation company based in Ticonderoga. 

Chadder admitted that from 2015 to 2018, he committed several frauds against Medicaid and the New York State Department of Health, including: billing Medicaid and receiving payment for trips where beneficiaries drove themselves to their own medical appointments, and falsifying the identities of the drivers for those trips; and billing Medicaid and receiving payment for roundtrips to and from medical appointments when the beneficiaries took only one-way trips with Adirondack Taxi.

Chadder faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years, when he is sentenced on June 9, 2020 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  Chadder has also agreed to pay $200,000 in restitution.

Chadder is the last of 6 defendants to plead guilty to federal charges in connection with a multi-agency investigation into Medicaid fraud committed by the owners and operators of medical transportation companies based in Essex County.  The following defendants have previously pled guilty:

Name	Residence	Federal charge(s)	Sentence
Arshad Nazir	Ticonderoga	Conspiracy to commit health care fraud; conspiracy to pay bribes and kickbacks to Medicaid beneficiaries	1 year and 1 day in prison, and ordered to pay $450,000 in restitution
Waqas Nauman	Queensbury, New York	Health care fraud	Time served (25 days in jail), and ordered to pay $55,000 in restitution
Khurram Gondal, aka Khurram Choudhary	Ticonderoga	Health care fraud	Time served (25 days in jail), and ordered to pay $60,000 in restitution
Qaiser Gondal	Watervliet, New York	Conspiracy to commit health care fraud	Sentencing scheduled for March 11, 2020
Anthony Armstrong	Ticonderoga	Conspiracy to commit health care fraud; conspiracy to pay bribes and kickbacks to Medicaid beneficiaries	Sentencing scheduled for March 11, 2020

These cases were investigated by the FBI, the New York State Police’s Special Investigations Unit, and the Office of the New York State Inspector General, and were prosecuted by Assistant U.S. Attorney Michael Barnett.

Several additional agencies assisted in this investigation, including the Essex County District Attorney’s Office; New York State Police-Troop B; the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.

New York's U.S. Attorneys: Reconsidering the Green Light that Stops Law Enforcement

By: Grant C. Jaquith, U.S. Attorney for the Northern District of New York

Geoffrey S. Berman, U.S. Attorney for the Southern District of New York

Richard P. Donoghue, U.S. Attorney for the Eastern District of New York

 James P. Kennedy, Jr., U.S. Attorney for the Western District of New York

While the New York State Green Light Law provides undocumented aliens the opportunity to obtain New York State Driver Licenses, a less heralded – though perhaps more impactful – provision of the statute prevents the New York State Department of Motor Vehicles (DMV) from sharing information with any agency that enforces immigration law. Unfortunately, this provision has a much broader adverse effect on law enforcement and public safety.

The United States Department of Homeland Security (DHS) is responsible for protecting us from terrorism, securing our borders while facilitating lawful travel and trade, and combating a host of crimes that threaten our safety and security. The Green Light Law impedes Homeland Security’s ability to conduct active criminal investigations involving citizens and non-citizens who are lawfully present in the United States, not just those who are undocumented. On a daily basis, Homeland Security agents and officers – including sworn law enforcement officers who work for Homeland Security Investigations (HSI), Customs and Border Protection, the U.S. Border Patrol, and Enforcement and Removal Operations (ERO) – use Department of Motor Vehicles information to assist them in stopping transnational criminal organizations, cybercrime, and offenses involving drug trafficking and money laundering; murder, sexual assault, and other crimes of violence; racketeering and extortion; the illegal use and possession of firearms; economic espionage, telemarketing fraud, and elder fraud; human trafficking; and child exploitation, as well as illegal immigration.

Like other federal, state, local, and tribal law enforcement officers, DHS agents seek New York State DMV information for a variety of purposes, including: (1) to obtain identification, address, and vehicle registration information for individuals committing crimes; (2) to identify and apprehend dangerous defendants and fugitives wanted by state or federal authorities; (3) to conduct surveillance of individuals suspected or known to be engaged in the commission of crimes; (4) to establish the probable cause necessary to secure search and arrest warrants; (5) to identify crime victims and potential crime victims; (6) to identify the proceeds of crime to increase the amount of restitution recoverable for crime victims; (7) to make informed determinations regarding whether, when, where, and how to stop a vehicle, to minimize the risk to occupants, officers, and others; and (8) to assist in determining whether to grant individuals presenting themselves at ports of entry admission into the United States.

The disturbing truth is that under the newly enacted statute, the Customs and Border Protection Officers working today at New York’s 13 ports of entry – which include both the busiest port on the entire northern border of the United States (the longest land border in the world), and the busiest international air passenger gateway into North America – are unable even to check the registration or the driver’s license status of individuals presenting themselves for admission into our country. Border Patrol Agents, who secure the border between the ports of entry, likewise can no longer check vehicle or driver’s license information. Forcing officers who serve as our nation’s frontline defense against dangerous criminals entering the country to make these important determinations in the dark dramatically diminishes the safety of all. Ensuring that HSI Agents and ERO officers must blindly interact with people who may be terrorists or other violent criminals, drug dealers, human traffickers, or child predators likewise poses a grave risk to the safety of the officer, the person, and the public. In most instances, there simply is no time to pause the situation to obtain a court order, judicial warrant, or subpoena.

Prohibiting basic information sharing between New York State and federal law enforcement agencies means that more criminals will enter and roam freely in our state and nation; undermines the cooperative relationships between federal, state, local, and tribal law enforcement; thwarts and curtails investigations into serious crimes; and jeopardizes the safety of all of the inhabitants of our great country. Our citizens, lawful permanent and temporary residents, visitors, and undocumented immigrants deserve better, and so do those who serve and protect them. Restoring collaboration and information sharing furthers our effort to secure justice for all, preserve public safety, protect individual rights, and promote due process, bringing us ever closer to a sanctuary built on the rule of law and fairness for everyone.

Amsterdam Man Pleads Guilty to Heroin and Fentanyl Charge

ALBANY, NEW YORK – Edwin Rodriguez, a/k/a “Chaka,” age 31, of Amsterdam, New York, pled guilty today to possessing and intending to distribute more than 100 grams of heroin mixed with fentanyl.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and City of Amsterdam Police Chief Gregory J. Culick.

On May 15, 2019, Rodriguez was the subject of a traffic stop in Amsterdam.  In pleading guilty, he admitted that he was stopped while driving to meet a drug customer to whom he planned to sell 100 grams of heroin, and that he was driving with a suspended license. 

As Amsterdam Police Officers were arresting Rodriguez for driving with a suspended license, a vacuum-sealed bag of powder fell out of his pant leg.  The bag contained 100.3 grams of heroin mixed with fentanyl.

Also on May 15, law enforcement executed a search warrant on Rodriguez’s Amsterdam residence.  In the apartment’s kitchen, they found an empty bleach bottle, with a hidden compartment containing 1.78 grams of heroin mixed with fentanyl, which Rodriguez intended to sell. 

Rodriguez faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life, when United States District Judge Mae A. D’Agostino sentences him on June 15, 2020.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the DEA and the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

Former Fort Drum Soldiers Plead Guilty To Burglarizing North Country Firearms Dealers

SYRACUSE, NEW YORK – Rian Patterson, age 23, and Devin Diggs, age 20, who were soldiers stationed at Fort Drum, New York, pled guilty yesterday to felony charges in connection with the burglaries of federally licensed firearms dealers in September 2019, announced United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

In pleading guilty, Patterson and Diggs admitted to stealing firearms during the burglary of a licensed federal firearms dealer in Gouvernuer, New York, on September 14, 2019, and to the burglary of a second licensed federal firearms dealer in De Kalb Junction, New York, on September 29, 2019. As part of their guilty pleas, both men also admitted to knowingly possessing stolen firearms taken during those burglaries in their barracks at Fort Drum, in Le Ray, N.Y. Patterson also admitted that he knowingly possessed a firearm with an obliterated serial number.

Patterson and Diggs each face up to 10 years in prison, a maximum fine of up to $250,000, and up to 3 years of supervised release, when they are sentenced by Senior United States District Judge Thomas J. McAvoy on June 16, 2020.  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. Patterson and Diggs have already been discharged from the United States Army.

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

This case is brought pursuant to Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Ithaca Man Pleads Guilty To Filing False Income Tax Returns

SYRACUSE, NEW YORK – William Harrell, age 58, of Ithaca, New York, pled guilty yesterday to filing a false tax return, announced United States Attorney Grant C. Jaquith and Jonathan Larsen, Special Agent in Charge of Internal Revenue Service-Criminal Investigation, New York Field Office.

Harrell was charged with one count of filing a false tax return in 2016. As part of his guilty plea, Harrell admitted that in October 2016, he filed a tax return for the year 2015 in which he knowingly and willfully underreported revenue he received through his construction and remodeling business. Harrell also admitted to underreporting revenue for the years 2012-14, and 2016.  Harrell failed to report approximately $3,994,866 in income, as result of which he avoided paying $422,843 in federal incomes taxes, not including interest and penalties.

Harrell faces up to 3 years in prison, a maximum fine of up $250,000, and up to 1 year of supervised release, when he is sentenced by Senior United States District Judge Thomas J. McAvoy on June 16, 2020. 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 Internal Revenue Service-Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

New Jersey Man Pleads Guilty to Crack Cocaine Charge

ALBANY, NEW YORK – Thomas Critten, age 30, of Jersey City, New Jersey, pled guilty today to possession with the intent to distribute 104 grams of crack cocaine in St. Lawrence County.

The announcement was made by United States Attorney Grant C. Jaquith and Sheriff Brooks J. Bigwarfe of St. Lawrence County.

As part of his guilty plea, Critten admitted that on December 20, 2018, he brought 104 grams of grams of crack cocaine to Massena, New York, with the intent of distributing the drugs to another individual.  Critten admitted he had hidden two bags containing crack cocaine in his underwear, and that police discovered the drugs during a search incident to his arrest on an unrelated charge. 

Chief United States District Judge Glenn T. Suddaby scheduled sentencing for June 24, 2020.  Critten faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life.  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 St. Lawrence County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Troy Anderson.

Mexican Citizen Sentenced to 26 Months for Misuse of a Social Security Number and Aggravated Identity Theft

Alejandro Hernandez Ordered to Pay Over $1 Million for Fraudulently Obtained Medical Services

SYRACUSE, NEW YORK – Alejandro Hernandez, a/k/a Eddy Wilkins, age 69, a citizen of Mexico, pled guilty and was sentenced yesterday to time served (26 months in prison) for misusing a Social Security Number and aggravated identity theft.  He also was ordered to pay restitution of $127,739.32 to the Van Duyn Center for Rehabilitation and Nursing (“Van Duyn”) and $946,801.83 to the State University of New York Upstate Medical University Hospital (“SUNY-Upstate”).  The announcement was made by United States Attorney Grant C. Jaquith, U.S. Immigration and Customs Enforcement (ICE), Buffalo Field Office Director of Operations Thomas Feeley, and Special Agent in Charge John Grasso of the New York Field Office of the Social Security Administration, Office of Inspector General. 

In pleading guilty, Hernandez acknowledged that in October 2016, he was admitted as a patient to SUNY-Upstate in Syracuse. At that time, he identified himself as Eddy Wilkins and provided a Social Security Number.  He knew at the time he made those statements that the Social Security Number that he presented was not his own and was assigned to another person.  He made the false representations for purposes of billing for his medical expenses and in an effort to use the number to receive care at SUNY-Upstate.  The defendant was later admitted to Van Duyn where he again provided a false name and Social Security Number for the purposes of billing for medical expenses and to obtain care.  Hernandez was provided medical care by both facilities, resulting in unpaid charges of slightly more than $1 million. 

Upon being sentenced yesterday, Hernandez was taken into custody by the Department of Homeland Security on an immigration detainer. He faces further civil proceedings in Immigration Court. 

This case was investigated by the United States Department of Homeland Security – Immigration and Customs Enforcement and the Social Security Administration Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

Indian Citizen Sentenced to Prison for Alien Transportation

UTICA, NEW YORK - Jaswinder Singh, age 30, and a citizen of India who most recently resided in Philadelphia, was sentenced today to 12 months in prison for knowingly transporting illegal aliens within the United States for the purpose of financial gain. 

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Singh, who worked as an Uber driver, admitted that between January 1, 2019 and May 20, 2019, he picked up several aliens whom he knew had crossed illegally into the United States and transported them into the interior of the United States, in exchange for payment.  On May 20, 2019, the day he was arrested for this offense, Singh drove to a location in St. Lawrence County, New York, to pick up two aliens – including a child – who had illegally crossed into the United States from Canada. The aliens paid Singh $2,200 after he picked them up. 

Singh, who previously sought and received asylum in the United States, faces possible deportation as a result of this offense. United States District Judge David N. Hurd imposed a 2-year term of supervised release to begin after Singh is released from prison, in the event that Singh is not deported.

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Michael F. Perry.

Indian Citizen Sentenced to Prison for Alien Transportation

UTICA, NEW YORK - Jaswinder Singh, age 30, and a citizen of India who most recently resided in Philadelphia, was sentenced today to 12 months in prison for knowingly transporting illegal aliens within the United States for the purpose of financial gain. 

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Singh, who worked as an Uber driver, admitted that between January 1, 2019 and May 20, 2019, he picked up several aliens whom he knew had crossed illegally into the United States and transported them into the interior of the United States, in exchange for payment.  On May 20, 2019, the day he was arrested for this offense, Singh drove to a location in St. Lawrence County, New York, to pick up two aliens – including a child – who had illegally crossed into the United States from Canada. The aliens paid Singh $2,200 after he picked them up. 

Singh, who previously sought and received asylum in the United States, faces possible deportation as a result of this offense. United States District Judge David N. Hurd imposed a 2-year term of supervised release to begin after Singh is released from prison, in the event that Singh is not deported.

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Michael F. Perry.

Mexican Citizen, Previously Convicted of Negligent Homicide, Sentenced to 24 Months for Illegal Re-entry into United States

Federal Sentence to be Served Consecutive to 10-Year State Sentence for Criminal Possession of a Weapon and Criminally Negligent Homicide

ALBANY, NEW YORK – Daniel Antonio Salas-Miranda, age 41, and a citizen of Mexico, was sentenced today to 24 months in prison for illegally re-entering the United States.

The announcement was made by United States Attorney Grant C. Jaquith; Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO); and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Salas-Miranda admitted as part of his guilty plea that he is a citizen of Mexico, and that he was removed from the United States to Mexico on November 20, 2002, June 3, 2008 and again on June 18, 2008.  On two occasions, Salas-Miranda had been arrested by immigration authorities in New Jersey and on one occasion, he was arrested by Border Patrol in Arizona after he entered the United States without inspection from Mexico.  

On October 12, 2018, he was arrested by an ICE-ERO officer in Wilton, New York.  New York State Police Officers had interviewed Salas-Miranda while conducting a homicide investigation. ICE checked the fingerprints of Salas-Miranda, discovered his prior removals, and detained him. 

On April 9, 2019, Salas-Miranda was convicted in Saratoga County Court of criminal possession of a weapon and criminally negligent homicide, resulting in a sentence of 10 years in state prison.   The Saratoga County prosecution stemmed from the possession and discharge of a firearm by Salas-Miranda at the Crest Inn, in Wilton, that caused the death of Michael Kornacki.  United States District Judge Mae A. D’Agostino directed that the federal sentence she imposed today run consecutive to the New York State sentence.  The 24-month federal sentence is the maximum permitted by law.

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

Albany Felon Charged with Unlawful Possession of a Firearm

ALBANY, NEW YORK – Saul McDuffie, age 32, of Albany, was indicted yesterday on a charge of unlawfully possessing a firearm as a felon.  The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Chief Eric Hawkins of the Albany Police Department. 

The indictment alleges that McDuffie, a felon, possessed a Taurus handgun in Albany on October 28, 2019.  The charge carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  

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

McDuffie was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and detained pending a trial before Chief United States District Judge Glenn T. Suddaby.

This case is being investigated by the Albany Police Department and HSI, and is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel L. Williams. 

Three Charged in Federal Murder, Drug Conspiracy, and Firearm Indictment

SYRACUSE, NEW YORK – Kyle Leeper, age 36, of Palmyra, Pennsylvania, Ramon Nieves Cotto, age 28, of DeRuyter, New York, and Arlene Rodriguez, age 36, of Montebello, California, were named as defendants Thursday in a federal superseding indictment that includes charges of murder during a drug conspiracy, conspiracy to distribute and possess with intent to distribute 50 or more grams of methamphetamine, possession of 50 or more grams of methamphetamine with intent to distribute, and possession of a firearm by a convicted felon.

The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; Cortland County Sheriff Mark E. Helms; and Barstow, California, Police Chief Albert Ramirez Jr. 

The superseding indictment charges Kyle Leeper, aided and abetted by Ramon Nieves Cotto, with shooting and killing Robert Chavez on January 17, 2019, while engaging in a drug trafficking conspiracy involving 50 or more grams of methamphetamine. Also charged with drug conspiracy is Arlene Rodriguez. The indictment also charges Leeper and Rodriguez with possessing with intent to distribute 50 or more grams of methamphetamine on January 19, 2019, in Cortland County, New York. All three defendants also are charged, either as principals, accomplices, or co-conspirators, with using and carrying a firearm during and in relation to drug trafficking crimes, with Kyle Leeper further charged with discharging that firearm and murdering Chavez, and Ramon Nieves Cotto charged with aiding and abetting those crimes.  Kyle Leeper also is charged with possession of a firearm as a felon on that same day.

If convicted of committing murder during a conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine, Kyle Leeper and Ramon Nieves Cotto face a minimum sentence of 20 years, and a maximum sentence of up to life imprisonment, or a sentence of death. For the charge of conspiracy to distribute and possess with intent to distribute 50 or more grams of methamphetamine, Kyle Leeper, Ramon Nieves Cotto and Arlene Rodriguez face a minimum of 10 years and a maximum sentence of up to life in prison, a fine of up to $10 million and a term of supervised release of at least 5 years and up to life. Kyle Leeper and Arlene Rodriguez face those same penalties on the charge of possessing with intent to distribute 50 or more grams of methamphetamine.  On the charge of using and carrying a firearm in relation to a drug trafficking crime, Arlene Rodriguez faces a sentence of 5 years to life imprisonment, a $250,000 fine, and a 5-year supervised release term; based on additional allegations against them of discharge of the firearm and murder, for this charge Kyle Leeper and Ramon Nieves Cotto each face sentences of 10 years to life imprisonment, or death, a fine of $250,000, and a 5-year supervised release term.  Kyle Leeper could be sentenced for up to 10 years imprisonment, a fine of up to $250,000.00 and up to a 3-year term of supervised release if convicted of possession of a firearm by a convicted felon.

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

Ramon Nieves Cotto was arrested and arraigned yesterday in Syracuse, before United States Magistrate Judge Andrew Baxter, and was ordered detained pending a bail hearing. Kyle Leeper and Arlene Rodriguez have been detained in federal custody since August 2019, when they were charged in an earlier federal indictment that alleged drug and firearms charges only.  Kyle Leeper and Arlene Rodriguez were first arrested on January 19, 2019, by members of the Cortland County Sheriff’s Office. New York State Penal Law charges for possession of methamphetamine and firearms possession stemming from those arrests have been dismissed following the federal indictments.

This case is being investigated by the FBI, the DEA, the Cortland County Sheriff’s Office, and the City of Barstow, California Police Department, with assistance from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the Cortland County (New York) District Attorney’s Office, and the San Bernardino County (California) District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys Steven D. Clymer, Richard R. Southwick, and Thomas R. Sutcliffe.

Montreal Man Sentenced for Attempting to Smuggle Firearms Parts into Canada

ALBANY, NEW YORK – Luc Emond, age 60, of Montreal, Canada, was sentenced today to 10 months in prison, and to pay a $3,000 fine, for attempting to smuggle pistol kits into Canada. The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

In pleading guilty, Emond admitted to hiding the pistol kits in his car and attempting to smuggle them into Canada without first obtaining export licenses and completing other paperwork.  Emond ordered the two pistol kits over the internet and had them delivered to him at a motel in Lake George, New York, to which he traveled from Canada in order to pick up the firearms kits and transport them to Canada.

This case was investigated by HSI, the Warren County Sheriff’s Office, and the Albany County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emily C. Powers.

Troy Felon Admits Possessing a Loaded Firearm in Furtherance of Drug Trafficking

ALBANY, NEW YORK – Dyshawn Fisher, age 25, of Troy, New York, pled guilty today to possessing and intending to distribute marijuana, possessing a firearm as a felon, and possessing a firearm in furtherance of a drug trafficking crime.

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

Fisher, who has a prior felony conviction for attempted burglary, admitted that on June 5, 2018, while distributing marijuana out of a residence in Troy, he fired multiple shots down the street in order to protect his marijuana distribution operation. Fisher further admitted to possessing the marijuana that was recovered from inside the residence, and that he intended to sell that marijuana.

Fisher faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-release supervision of up to 5 years, when he is sentenced by Senior United States District Judge Gary L. Sharpe on June 18, 2020.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

Herkimer County Woman Pleads Guilty to Stealing Social Security Funds

TammyLynn Sterling Barthelmess Stole Social Security Funds Paid Into a Deceased Man’s Checking Account and Hid His Body

SYRACUSE, NEW YORK – TammyLynn Sterling Barthelmess, age 62, of Little Falls, New York, pled guilty today to Conspiracy to Steal Government Funds and three Counts of Bank Fraud, announced United States Attorney Grant C. Jaquith and Special Agent in Charge John Grasso, Social Security Administration-Office of the Inspector General (“SSA-OIG”), New York Field Division.

As a part of her guilty plea today, Barthelmess admitted that she concealed the death of D.W., a tenant of hers in Little Falls, New York, who died in her home in 2006.  Barthelmess and others caused the body of D.W. to remain hidden until it was discovered in Little Falls on May 1, 2013, in an advanced state of decomposition inside a dog-crate behind an unoccupied house owned by the defendant. Following the death of D.W., TammyLynn Sterling Barthelmess and her daughter, Shannon Hardy Sekel, used the checking account of D.W. to steal Social Security retirement benefits that were deposited in the account each month. The defendant wrote checks from D.W.’s checking account until the payments stopped in May 2013 following the discovery of D.W.’s remains. As a further part of her guilty plea today, Barthelmess admitted to making false statements to New York State Police Investigators who interviewed her following the discovery of D.W.s body.

Shannon Hardy Sekel previously pled guilty to Conspiracy to Steal Government Money and Bank Fraud. Her sentencing is not yet scheduled.

At sentencing on June 24, 2020, in Binghamton, New York, TammyLynn Sterling Barthelmess faces a sentence of up to 5 years imprisonment and a fine of up to $250,00.00 for Conspiracy to Steal Government Money. For her convictions for bank fraud, she faces a sentence of up to 30 years in prison and a fine of up to $1,000,000.00 for each of the three counts. The defendant may also be sentenced to serve up to 5 years of supervised release following any term of imprisonment. As part of her guilty plea today, Barthelmess agreed to pay $ 110,948.00 in restitution to the Social Security Administration.

This case was investigated by the United States Social Security Administration-Office of Inspector General (“SSA-OIG”), the New York State Police, and the City of Little Falls Police Department, and is being prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Richard R. Southwick.