Former Troy City Council Member Sentenced for Identity Theft

Source: US FBI

ALBANY, NEW YORK – Kim McPherson, age 63, of Troy, New York, was sentenced today to 1 year of probation, and to pay a $1,500 fine, for identity theft in connection with her casting of absentee ballots in two other people’s names in elections held in 2021.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

McPherson successfully ran for re-election to the Troy City Council in 2021, first in the Working Families Party primary and then in the general election.  In pleading guilty in June 2022 to the unlawful possession and use of a means of identification of another person, she admitted that in the primary election, she unlawfully cast an absentee ballot in the name of another person, and that in the general election, she unlawfully cast absentee ballots in the names of two people other than herself.

As part of her plea agreement, McPherson resigned from the Troy City Council.

The FBI investigated this case and Assistant U.S. Attorney Michael Barnett prosecuted this case.

Schenectady Man Pleads Guilty to Witness Retaliation

Source: US FBI

ALBANY, NEW YORK – Patrick Civitello, age 18, of Schenectady, New York, pled guilty today to witness retaliation, admitting that he assaulted a 15-year-old boy in retaliation for the boy’s mother testifying last year in a federal criminal trial.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Patrick Civitello is the son of Jeffrey Civitello Sr. and the younger brother of Jeffrey Civitello Jr., both of whom were convicted of federal drug trafficking charges following a jury trial in Albany in April 2023. A witness, identified in the indictment as V-1, testified at that trial.

In pleading guilty, Patrick Civitello admitted that on the evening of May 19, 2024, while at a restaurant in Glenville, New York, he observed V-1, who was with her 15-year-old son (“V-2”). At the time he observed V-1, Patrick Civitello was speaking on the phone with Jeffrey Civitello Jr. (who was incarcerated), and Patrick Civitello told his brother that he had just seen V-1 walk into the restaurant. Patrick Civitello then said “I gotta rag this bitch, I gotta call you back,” meaning that he intended to retaliate against V-1 for her trial testimony. Jeffrey Civitello Jr. responded, “Ok run down, but do it away from everyone if you could.”

V-1 and V-2 then exited the restaurant and headed to their vehicle in the parking lot. Patrick Civitello, who was following V-1 and V-2 out of the restaurant, briefly stopped in the parking lot to remove his watch and a cross-body bag. Having placed those items on the ground of the parking lot, Patrick Civitello charged in the direction of V-1 and V-2. He punched V-2 in the head, and continued to punch and kick V-2 after V-2 fell to the ground. V-2 suffered minor abrasions and bruises, including to his head, neck, and hand. 

Patrick Civitello, who has been in custody since his arrest on June 13, 2024, will be sentenced on February 28, 2025. He faces up to life in prison and a term of post-imprisonment supervised release of up to 5 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The FBI’s Capital District Safe Streets Gang Task Force investigated this case with assistance from the Glenville Police Department. Assistant U.S. Attorneys Michael Barnett and Dustin Segovia are prosecuting this case.

Medical Billing Company Owner Pleads Guilty to Health Care Fraud

Source: US FBI

ALBANY, NEW YORK – Scott Newcombe, age 40, of Plattsburgh, New York, pled guilty today to health care fraud. 

United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Naomi Gruchacz, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), New York Regional Office, made the announcement.

Newcombe admitted that from approximately April 2020 through April 2023, he acted as the office manager and health care claims biller for two physicians’ practices in Plattsburgh through a company that he formed called SJ Healthcare Management Services, LLC (SJHMS).  SJHMS charged a fixed monthly fee under which Newcombe performed various management, administrative, and billing services for the practices.  He admitted that he submitted false and fraudulent claims to public and private insurers on behalf of those practices for services that, in some instances, were never provided and, in other instances, were provided at lower reimbursement rates than the amounts billed.  For example, Newcombe admitted that he submitted claims to insurers for medical procedures that were purportedly performed by a provider on him but which, in fact, never occurred. 

Newcombe is scheduled for sentencing on February 28, 2025.  He faces up to 20 years in prison and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

The FBI and HHS investigated this case.  Assistant U.S. Attorneys Michael D. Gadarian and Adam J. Katz are prosecuting the case.

Massachusetts Man Pleads Guilty to Sexual Exploitation of a Child and Travel with Intent to Engage in Unlawful Sexual Activity

Source: US FBI

ALBANY, NEW YORK – Frank Twing, Sr., age 33, of West Stockbridge, Massachusetts, pled guilty today to one count of sexual exploitation of a child involving a then-15-year-old victim and one count of travel with intent to engage in unlawful sexual conduct involving an approximately 12-year-old victim. United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Twing admitted that he engaged in a sexual relationship with a 15-year-old child during which he created sexually explicit videos depicting that child. He also admitted to traveling from his home in Massachusetts to New York, planning to have sex with an approximately 12-year-old child.

At sentencing scheduled for March 6, 2025, before United States District Judge Mae A. D’Agostino, Twing faces a mandatory minimum imprisonment term of 15 years and a maximum imprisonment term of 60 years, post-release supervision of at least 5 years and up to life, a fine of up to $250,000, special assessments, restitution to the victims, and forfeiture of the property he used to commit he offenses. Twing also will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, the New York State Police, and the Massachusetts State Police Detective Unit assigned to the Berkshire County District Attorney’s Office, which itself also assisted in the investigation. Assistant U.S. Attorneys Michael D. Gadarian and Benjamin A. Gillis are prosecuting the case as part of Project Safe Childhood.

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

U.S. Attorney’s Office and FBI Announce Federal Charges in Domestic Altercation

Source: US FBI

ALBUQUERQUE – A Pinedale man faces federal charges for assault with a dangerous weapon following an altercation on the Navajo Nation.

According to the indictment, on February 17, 2025, Laberto Curley, 26, an enrolled member of the Navajo Nation, allegedly attacked the victim with a razor blade knife at a residence in Pinedale, New Mexico, after a verbal argument escalated into a physical altercation. As a result, the victim sustained a laceration to the neck and was transported to the hospital.

Curley will remain in custody pending trial, which has not been set. If convicted of the current charges, Curley faces up to 10 years in prison.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigation. Assistant U.S. Attorney Jesse Pecoraro is prosecuting the case. 

U.S. Attorney’s Office Announces Sentencing of New York Man for Role in Scheme Defrauding Bernalillo County

Source: US FBI

ALBUQUERQUE – A New York man was sentenced today in federal court for his role in a business email compromise scheme that defrauded Bernalillo County of over $447,000.

There is no parole in the federal system.

According to court documents, Oscar Kipikirui Ngeno, a naturalized U.S. citizen originally from Kenya, was involved in a business email compromise scheme targeting the government of Bernalillo County, New Mexico. Between October and December 2019, while residing in New York on an immigrant visa, Ngeno allowed others to have access to his bank account, which was used for fraudulent transfers.

The scheme involved a spoofed email sent to Bernalillo County, purportedly from a legitimate vendor, containing falsified payment information and a phone number controlled by Ngeno. As a result, the county transferred a total of $447,372.89 to Ngeno‘s account over several months.

Ngeno became aware of the illegal nature of these transfers and the criminal origin of the funds in his account. On November 6, 2019, he used approximately $13,090.82 of the fraudulently obtained money to pay off a personal vehicle loan with Capital One Auto.

On November 15, 2024, Ngeno pleaded guilty to one count of money laundering, acknowledging his role in the scheme. Ngeno was sentenced to three years of probation and ordered to pay restitution in the amount of $15,000 to Bernalillo County.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Albuquerque Field Office of the FBI investigated this case with assistance from the Buffalo Field Office, the Rochester Resident Agency, Richmond FBI Field Office and Bernalillo County Sheriff’s Office. Assistant United States Attorney Kimberly A. Brawley is prosecuting the case.

U.S. Attorney’s Office Announces Sentencing of Church Rock Man for Shooting at Law Enforcement Officers

Source: US FBI

ALBUQUERQUE – A Church Rock man was sentenced to 147 months in prison for charges related to an attack on law enforcement officers on the Navajo Nation.

There is no parole in the federal system.

According to court documents, after midnight on July 22, 2023, officers from the Navajo Police Department and New Mexico State Police responded to reports of a man shooting a gun and making threats near a residence on the Navajo Nation. While investigating, they came under fire from an unknown direction and from an unknown assailant and were forced to take cover. Officers reported hearing the bullets whiz past them and landing in the dirt nearby.

After a prolonged search, Elijah Touchine, 24, an enrolled member of the Navajo Nation, was arrested later that day at a gun store in Gallup, where he was attempting to purchase additional firearms, including an AR-15 and ammunition. During questioning, Touchine admitted to shooting at the officers and expressed a desire to “kill every [expletive] police”.

A search of the vehicle Touchine was in revealed a .40 caliber handgun and ammunition in a black bag. Investigators also recovered multiple .40 caliber shell casings at the scene of the shooting.

Upon his release from prison, Touchine will be subject to three years of supervised release.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the Federal Bureau Investigation investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigation, New Mexico State Police, Gallup Police Department, and McKinley County Sheriff’s Office. Assistant United States Attorney Nicholas Marshall is prosecuting the case.

U.S. Attorney’s Office Secures Guilty Plea in Fatal DUI Case

Source: US FBI

ALBUQUERQUE – A Farmington man entered a guilty plea to one count of involuntary manslaughter stemming from a fatal car crash in 2024.

There is no parole in the federal system.

According to court documents, on September 22, 2024, Irvin Virgil Wauneka, Jr., 35, an enrolled member of the Navajo Nation, was operating a motor vehicle while under the influence of alcohol, having consumed approximately half a pint of Jim Beam whiskey. Jane Doe was a passenger in the vehicle. Wauneka‘s impaired driving resulted in a head-on collision with another motor vehicle. Tragically, Jane Doe suffered fatal injuries and was pronounced dead at the scene of the crash.

At sentencing, Wauneka faces up to eight years, followed by three years of supervised release.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Brittany DuChaussee is prosecuting this case.

Jersey City Gang Member Charged with Violent Crime in Aid of Racketeering and Weapons Offense for Role in Shooting

Source: US FBI

NEWARK, N.J. – A member of the Rutgers neighborhood street gang operating in the area of Triangle Park in Jersey City, New Jersey, is charged for his role in shooting rival gang members, U.S. Attorney Philip R. Sellinger announced.

Micah Reid, aka “Nips,” 33, of Jersey City is charged by complaint with one count of violent crime in aid of racketeering activity and one count of discharging of a firearm during a crime of violence.  Reid made his initial appearance today before U.S. Magistrate Judge James B. Clark, III in Newark federal court and was detained.

According to documents filed in this case and statements made in court:

Reid is a high-ranking member and associate of the Rutgers neighborhood street gang, which operates in the area of Triangle Park in Jersey City.  The gang has historically engaged in retaliatory acts of violence against rival neighborhood street gangs operating in the area of the Salem Lafayette Apartments and the area of Wilkinson Avenue, Ocean Avenue, Martin Luther King Drive, and Wegman Parkway.  

On October 1, 2023, Reid, driving a stolen vehicle, shot at members and associates of rival street gangs who were exiting a nightclub on Culver Avenue in Jersey City.  In total, six individual suffered gunshot wounds.  Law enforcement later recovered the firearm used in the shooting from Reid’s residence while executing a search warrant.  

Reid faces a maximum sentence of 30 years in prison on the violent crime in aid of racketeering charge, and a statutory mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison on the firearm offense, which must run consecutively to any other sentence imposed.  Both offenses carry a maximum fine of $250,000.

U.S. Attorney Sellinger credited investigators of the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge L.C. Cheeks Jr., and the Jersey City Police Department, under the direction of Director James Shea, with the investigation leading to the charges.

This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City.  As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community.  The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.

The government is represented by Assistant U.S. Attorney Alison Thompson of the General Crimes Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.