Category: Security

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Houssam El-Atat, 44, of Montreal, Canada, was extradited from Spain and made an initial appearance today on a criminal complaint charging him with conspiracy to engage in international money laundering, which carries a maximum penalty of 20 years in prison and a $500,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, in February 2021, an individual in Buffalo, NY, (Victim 1) and a marine sales company (Vendor 1) engaged in email communication regarding the purchase of a boat. These communications included specifications, pricing, and payment. In March 2021, Victim 1 received an email from the person he believed to be Vendor 1 with wiring instructions for payment. Victim 1 arranged for the full amount ($295,373.75) to be wired to Vendor 1’s company through a Bank of America account. Victim 1 subsequently learned that Vendor 1 had not received the $295,373.75 and that the wiring instructions provided to him for payment were fraudulent. After reviewing the email correspondence between himself and Vendor 1, Victim 1 realized his email account had been compromised.

Subsequent investigation by the FBI determined that the Bank of America account where $295,373.75 was deposited was owned by an individual named A.Z., who was unaware that the funds he received from Victim 1 were the result of fraudulent activity. A.Z. stated to the FBI that he received the funds from an individual who claimed that he owed A.Z.’s recently deceased father $100,000 and was resolving the debt. Then, at the request of the individual, A.Z. sent $180,200.00 of the funds to an account at La Caisse Centrale Desjardins Bank in Canada. Bank records indicate that the funds were then rapidly disbursed to a number of apparent shell companies before being distributed to El-Atat.

El-Atat made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on September 13, 2024. Today’s initial appearance follows the successful extradition of El-Atat from Spain. The Justice Department’s Office of International Affairs worked with Spanish authorities to secure his arrest and extradition.

The complaint is the result of of an investigation by the Federal Bureau of Investigation, under the supervision of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the Sûreté du Québec Provincial Police.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Adrian D. Applewhite a/k/a Boons, 37, of Buffalo, NY, who was convicted of aggravated bank robbery, brandishing a firearm in furtherance of a crime of violence, and violating supervised release, was sentenced to serve 229 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that Applewhite participated in the robbery of three credit unions:

• On the morning of October 26, 2017, Applewhite and two other associates robbed the Lakeshore Federal Credit Union on Erie Road in Evans, NY. Applewhite planned the robbery and provided instructions and a firearm to a co-defendant to assist in the robbery.
• On July 25, 2019, two co-defendants entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna, NY, while Applewhite, the getaway driver, sat in a car nearby. The two co-defendants sprayed the bank tellers with pepper spray, and went to an unlocked safe, stealing $290,500 in United States currency. Applewhite took a share of the proceeds for his role. 
• On November 7, 2019, two co-defendants, armed with a pistol and donning masks and gloves, entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, NY, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. A total of $148,793.90 in United States currency was taken. Applewhite took a share of the proceeds for his role.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Stanley Edwards; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Gregory J Szarowicz; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger. Additional assistance was provided by the Erie County District Attorney’s Office.

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Source: US FBI

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Preston Herbst, 28, of Canandaigua, NY, who was convicted of transferring obscene matter, was sentenced to serve 60 months in prison by U.S. District Judge Frank P. Geraci. The sentence will be served following completion of a 36-month sentence previously imposed by Judge Geraci.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in July 2023, Herbst was sentenced to serve 36 months in prison after being convicted on a federal charge of possession of child pornography. Herbst was allowed to self-surrender to the Bureau of Prisons and was scheduled to begin his sentence on October 12, 2023. Prior to self-surrendering, on September 3, 2023, the National Center for Missing and Exploited Children received information from Snap Inc., that a user had uploaded child pornography to the Snapchat platform. Subsequent investigation traced the user back to Herbst’s residence. In October and November 2023, search warrants were executed on Herbst’s Snapchat account and at his residence. The search of the Snapchat account determined that Herbst used the account to trade child pornography in September 2023, after he had been sentenced, but before self-surrendering to the Bureau of Prisons. Herbst was under the supervision of United States Probation when the uploads took place and had been using a prohibited device in violation of his release conditions. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. 

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Source: US FBI

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Raekwon Green a/k/a Bundy a/k/a Bundles, 28, of Rochester, NY, who was convicted of Hobbs Act Conspiracy and Attempted Hobbs Act Robbery, was sentenced to serve 14 years in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between February 2020 and April 1, 2020, Green conspired with Robert Forbes, Jr., and others, to commit four home invasion robberies in Rochester and Greece, NY. During some of the home invasions, individuals were restrained, pistol-whipped, and/or suffered injuries, while the defendants took controlled substances and U.S. currency from the homes.

Robert Forbes, Jr. was previously convicted and sentenced to serve 19 years in prison.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Rochester Police Department, under the direction of Chief David Smith.

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Source: US FBI

Andrew Yannello of Tonawanda, New York, was arrested and charged by criminal complaint with the distribution of child pornography.

Source: US FBI

ALBANY, NEW YORK – United States Attorney Carla B. Freedman announced today that Assistant United States Attorney (AUSA) Joshua R. Rosenthal will lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.  AUSA Rosenthal has been appointed to serve as the District Election Officer (DEO) for the Northern District of New York and in that capacity is responsible for overseeing the District’s handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department headquarters in Washington, D.C.

United States Attorney Freedman stated: “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Rosenthal will be working while the polls are open.  He can be reached by the public at the following telephone number: 518-431-0389.

In addition, the Federal Bureau of Investigation (FBI) will have Special Agents available in each Field Office and Resident Agency Office throughout the country to receive allegations of election fraud and other election abuses on Election Day.  The FBI Albany Field Office can be reached by the public at 518-465-7551.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency. 

Source: US FBI

SYRACUSE, NEW YORK – Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas, Jefferson Jose Marquez-Marquez, all citizens of Venezuela, were indicted for conspiracy to commit bank larceny, and bank larceny related to their involvement in a nationwide automatic teller machine (ATM) Jackpotting Scheme. 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.

“ATM jackpotting” is the exploitation of physical and software vulnerabilities in ATMs that result in the machines dispensing cash to unauthorized fraudsters. Typically, during ATM jackpotting events one or two people use a key to access the inside of an ATM to install a foreign device that allows a hacker to assume control of the ATM. After the ATM is compromised, groups of individuals arrive at the ATM to conduct transactions and the ATM dispenses its cash reserves, which are untethered to any bank account. 

In December 2023, several financial institutions in the Northern District of New York became victims of an ATM Jackpotting scheme. In total, over $400,000.00 was stolen during four separate ATM jackpotting events in Onondaga, Broome, and Chenango counties.

Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, and Deivy Santiago Pena-Rojas have all been arrested and are in custody in the Northern District of New York. Jefferson Jose Marquez-Marquez is in custody in South Dakota and is awaiting transport to the Northern District of New York.

The charges to which Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas, Jefferson Jose Marquez-Marquez face carry a maximum sentence of 5 or 10 years, a fine of up to $250,000 million, and a supervised release term of up to 3 years. The charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the FBI Albany Field Office, with assistance from  United States Immigration and Customs Enforcement (ICE), United States Customs and Border Protection (CBP), United States Secret Service, the New York State Police, the Onondaga County Sherriff’s Office, the Chenango County Sherriff’s Office, the Broome County Sherriff’s Office, the Town of Cicero Police Department, the Syracuse Police Department, the Binghamton Police Department, the Norwich Police Department, the Dearborn, Michigan Police Department, and the Belle Fourche, South Dakota Police Department. Special Assistant United States Attorney Paul Tuck is prosecuting the case.

Source: US FBI

SYRACUSE, NEW YORK – Benjamin Wheeler, age 19, of Norwich, New York pled guilty today in federal court in Utica to possession of an unregistered short-barreled rifle, announced 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 Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of his guilty plea today, Wheeler admitted that on August 6, 2024, the defendant knowingly possessed a “Spikes Tactical” AR-15 style rifle at his apartment in Norwich, New York, knowing that the firearm had a barrel length of less than sixteen inches. The firearm was not registered to the defendant in the National Firearms Registration and Transfer Record as required by federal law.

Sentencing for his conviction for possession of an unregistered short-barreled rifle is scheduled for February 12, 2025, in Utica, New York, at which time Wheeler faces a maximum sentence of up to 10-years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The case is being investigated by the Federal Bureau of Investigation (FBI), the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), New York Police Department (NYPD) and the New York State Police with assistance from the Chenango County Sheriff’s Department.  Assistant U.S. Attorney Geoffrey J. L. Brown is prosecuting the case.

Source: US FBI

SYRACUSE, NEW YORK – Thomas Berrington, age 33, of Colonie, New York, pled guilty yesterday in federal court to two counts of sexual exploitation of a child announced 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).

As part of his guilty plea yesterday, Berrington admitted that between June of 2023 and January of 2024, he repeatedly sexually abused a minor female child for the purpose of photographing and video recording the abuse. The victim was eight years old when Berrington’s abuse of her began.

At sentencing, currently scheduled for January 30, 2025, in Albany New York, Berrington faces a term of imprisonment between 15 and 60 years, a term of post-release supervision between 5 years and life, and a fine of up to $250,000. Berrington will also be ordered to pay restitution to the victim, forfeit the device used in the offense, and will be required to register as a sex offender. 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 case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force – comprised of FBI Special Agents, and state and local police investigators, including from the New York State Police and Colonie Police Department. The case is being prosecuted by Assistant United States Attorney Adrian S. LaRochelle 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.

Source: US FBI

SYRACUSE, NEW YORK – John Oathout, age 54, of Harrisburg, Pennsylvania, was sentenced on Friday to 25 years in prison for transporting a minor with the intent to engage in criminal sexual activity.  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.

As part of his guilty plea, Oathout admitted that after a romantic relationship ended with the victim’s mother, the victim’s mother permitted the defendant to take her daughter on overnight trips to Virginia and New York.  During the week of Thanksgiving 2021, the defendant arranged to pick up the 5-year-old child from her home in Delaware and transport her to a hotel in Kingston, New York, where he subjected the child to sexual contact. 

In addition to sentencing Oathout to serve 25 years in prison, Chief United States District Judge Brenda K. Sannes also imposed a 20-year term of supervised release, which Oathout will begin serving after he is released from prison, at which time Oathout will also be required to register as a sex offender.

The FBI’s Albany Division Child Exploitation and Human Trafficking Task Force investigated this case.  The Task Force includes members of federal, state, and local law enforcement agencies. Assistant United States Attorney Carling Dunham prosecuted 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 Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state, and local resources to better locates, 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.