Rapids Theatre Owner Pleads Guilty to Defrauding COVID Relief Programs Out of More Than $1.8 Million

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that John L. Hutchins, 71, of Lewiston, NY, pleaded guilty before Judge Meredith A. Vacca to conspiracy to commit wire fraud and bank fraud, which carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Paul E. Bonanno and Douglas A. C. Penrose, who are handling the case, stated that between March 2020, and March 2024, Hutchins conspired with co-defendant Roberto Soliman and others to file fraudulent loan applications under the Economic Injury Disaster Loan (EIDL), the Paycheck Protection Program (PPP), and the Shuttered Venue Operators Grant (SVOG). The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). Hutchins and Soliman applied for loans under the following companies, which were owned by Hutchins:

•           Rapids Theatre Niagara Falls, USA, Inc.

•           1711 Main, LLC

•           Bear Creek Entertainment, LLC

•           Hutch Enterprises, LLC

•           The Hutchins Agency, LLC

•           CWE Entertainment, Corp. (owned by defendant Soliman)

Between March and August 2020, Hutchins and Soliman received five Economic Injury Disaster Loans totaling $779,500.00. In addition, they received SVOG loans totaling $989,905.05, a PPP loan from Bank on Buffalo totaling $74,838, and a PPP loan from Northwest Bank totaling $41,140. In support of each of the loans, Hutchins and Soliman submitted false revenue and expense figures for the businesses on the loan applications.

Charges remain pending against Roberto Soliman.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Harry Chavis, U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and the New York State Office of Professional Discipline. 

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Pennsylvania Man Pleads Guilty to Receipt of Child Pornography

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Dylan C. Irvin, 26, of Bradford, PA, pleaded guilty before U.S. District Judge Richard J. Arcara to receipt of child pornography, which carries a mandatory minimum penalty of five years in prison and a maximum of 20 years.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that sometime in June or July 2023, Irvin engaged in sexual activity with a 13-year-old female (victim). Irvin used his cellular telephone to record the sexual activity and then received the video on a Snapchat account he controlled. On March 5, 2024, Irvin was arrested on state charges related to the sexual contact, at which time his cell phone was seized. A search of the phone recovered the video of Irvin and the victim.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Amie Feroleto, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Eric Butler.

Sentencing is scheduled for May 28, 2025, at 12:30 p.m. before Judge Arcara.

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Cheektowaga Man Charged with Attempted Sex Trafficking and Cocaine Possession

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Darryl Lamont Paul, a/k/a Darryl Lamont, 59, of Cheektowaga, NY, was arrested and charged by criminal complaint with attempted sex trafficking by force, fraud, and coercion and possession with the intent to distribute cocaine, which carry a mandatory minimum penalty of 15 years in prison and a maximum of life.

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that for the last 25 years, Lamont has owned NoLimit Entertainment (NLE), a company that provides entertainment, including nude dancers and topless bartenders, for parties such as stags and birthdays. Throughout the years, Lamont has maintained a friendship and business relationship with the owner of Pharoah’s Gentleman’s Club, with the two men sharing employees. Lamont would recruit young vulnerable women from Pharoah’s to work for NLE, and he would also refer young women to Pharoah’s for additional employment.

According to the complaint, in early July 2024, Lamont invited a 19-year-old woman (victim), to his residence to audition for NLE. During the audition, Lamont instructed the victim to strip completely naked so he could inspect her body. After her audition, Lamont invited the victim to “shadow” at stag party, where she observed two dancers engaging in sexual activity with each other.  

Lamont also arranged for the victim to audition at an area strip club. After the audition, he took her back to his apartment for “training.” While there, Lamont forced the victim to snort cocaine and drink alcohol. The victim observed Lamont with what appeared to be a large quantity of cocaine. According to the victim, Lamont said that working for him would make her a lot of money and that he knew a lot of important people. He also claimed to know the names of the victim’s family members. The victim believed Lamont told her these things to intimidate her. Lamont also had the victim sign a nondisclosure agreement (NDA) prohibiting her from telling anyone anything that occurred at Lamont’s house or the stag parties. When the victim told Lamont that she was felt extremely uncomfortable and no longer wanted  to work for NLE, Lamont threatened that if she did not work for him, then she would not be allowed to work at the strip club.

Lamont made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on March, 18, 2025.

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

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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Jennifer LaBonte Imprisoned for Embezzling From Employer

Source: US FBI

Rutland, Vermont – The United States Attorney’s Office for the District of Vermont announced that Jennifer LaBonte, 45, of Essex Junction, was sentenced on Monday in United States District Court in Rutland to four months of imprisonment following her guilty plea to a charge of wire fraud. U.S. District Judge Mary Kay Lanthier also ordered that LaBonte serve a one-year period of supervised release following completion of her prison sentence. She also ordered LaBonte to pay $192,675 in restitution and a $7500 fine. The court noted that, prior to sentencing, LaBonte had paid in full her restitution obligation. LaBonte must surrender to the Bureau of Prisons on May 6 to begin serving her sentence.

Last October, the United States Attorney filed an information charging LaBonte with a single count of wire fraud. That is the charge to which she pleaded guilty. According to the information, between 2001 and January 2024, LaBonte was employed by automobile dealerships located in Burlington. From about 2012 until her termination, LaBonte served as office manager for the dealerships, a position that gave her oversight over all accounting matters. LaBonte had check-signing authority.

The information charged that, beginning no later than 2013, LaBonte began embezzling from the dealerships. For the most part, LaBonte stole cash receipts that had been paid over by dealership customers, but she also issued checks to herself for non-business-related purposes. LaBonte tried to cover up her thefts by manipulating and falsifying entries about individual transactions in the dealerships’ computerized accounting systems. An officer at the dealerships uncovered the fraud in January 2024 and LaBonte was immediately fired. The total loss resulting from her embezzlement was about $192,000.

Acting United States Attorney Michael P. Drescher commended the investigatory efforts of the Federal Bureau of Investigation.

LaBonte is represented by Brooks McArthur, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Schenectady County Man Arrested for Distribution of Child Sexual Abuse Material

Source: US FBI

ALBANY, NEW YORK – Gregory Magin, age 44, of Glenville, New York, was arrested on Friday on a criminal complaint charging him with distribution of child sexual abuse material (CSAM).

United States Attorney John A. Sarcone III and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

The criminal complaint alleges that from on or about July 18 through July 20, 2024, Magin distributed CSAM videos over the internet.  Magin sent CSAM videos to other users on an online chat application in order to get access to certain groups.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

Magin initially appeared Friday in Albany before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending a detention hearing scheduled for Tuesday, March 18.

The FBI’s Child Exploitation and Human Trafficking Task Force is investigating the case, with assistance from the New York State Police.  Assistant United States Attorney Allen J. Vickey is prosecuting the case as Part of Project Safe Childhood.

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

Slingerlands Man Sentenced to 15 Years in Prison for Sexual Exploitation of a Child

Source: US FBI

Victim Reported Abuse After Attending Elementary School Presentation on Inappropriate Touching

ALBANY, NEW YORK – Daniel Fuino, age 75, of Slingerlands, New York, was sentenced today to 15 years in prison for the sexual exploitation of a child who was 6 years old during the abuse.  United States Attorney John A. Sarcone III and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Last year, Fuino pled guilty to sexual exploitation of a minor and admitted that between the summer of 2022 and April 2023, he babysat a female child born in 2016 and used the child to engage in sexually explicit conduct for the purpose of producing child pornography.  According to statements previously made in court, the victim reported the abuse in May 2023 after attending an elementary school presentation on inappropriate touching and sexual contact.  During the execution of a federal search warrant at Fuino’s residence in Slingerlands shortly after the child’s report, Fuino admitted having touched the victim’s genitals.  Fuino has been incarcerated in pretrial detention since that time.

Today, United States District Judge Mae A. D’Agostino sentenced Fuino to 15 years’ incarceration, followed by 15 years of supervised release.  Judge D’Agostino also ordered Fuino to pay restitution to the victim in the amount of $36,962.25 and imposed special assessments totaling $5,100.  Fuino will be required to register as a sex offender upon his release from prison. 

The FBI investigated this case, with assistance from the New York State Police and the Colonie Police Department.  Assistant United States Attorney Benjamin S. Clark 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 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.

Timothy Gabriel Imprisoned on Federal Firearms Charge

Source: US FBI

Burlington, Vermont –  The United States Attorney’s Office for the District of Vermont announced that Timothy Gabriel, 31, who most recently has been living in the Rutland area, was sentenced today in United States District Court in Burlington to 60 months of imprisonment following his guilty plea to a charge that he possessed a firearm as a convicted felon. Senior U.S. District Judge William Sessions III also ordered that Gabriel serve a three-year term of supervised release after he completes his prison sentence. He directed that the federal sentence run concurrently to state sentences that Gabriel is serving on related and unrelated cases. Gabriel has been held in federal custody since his arrest in October 2023.

According to court records, someone stole a Vermont State Police cruiser from a residence in Rutland where it was parked in the pre-dawn hours of October 17, 2023. A few hours later, the car was found parked behind a downtown Rutland business. Investigators found that a police-issued Sig Sauer rifle had been forcibly removed from a secure locking device in the vehicle. Surveillance camera footage from businesses near where the cruiser was found showed the car enter a parking lot before dawn. The footage depicted a man, later identified as Timothy Gabriel, get out of the car, then leave the area with what appeared to be a rifle in his hand. DNA evidence later connected Gabriel to blood found inside the stolen cruiser. Gabriel is prohibited from possessing any firearms because he has several prior convictions in Vermont for felony offenses. Gabriel was arrested in Burlington on the afternoon of October 18, 2023. Court records show that Gabriel traded the stolen rifle for drugs. Law enforcement recovered the police rifle from a bag abandoned beside U.S. Route 7 near Bennington.

Acting United States Attorney Michael P. Drescher commended the collaborative investigatory efforts of the Vermont State Police, the Rutland Police Department and the Federal Bureau of Investigation.

Gabriel is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

Schenectady Man Sentenced for Assaulting Trial Witness’s Son

Source: US FBI

ALBANY, NEW YORK – Patrick Civitello, age 19, of Schenectady, New York, was sentenced today to 18 months in prison for assaulting a 15-year-old boy in retaliation for the boy’s mother testifying in a federal criminal trial.

Acting United States Attorney Daniel Hanlon 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. 

FBI agents arrested Patrick Civitello on June 13, 2024, on a criminal complaint. As he was being transported to the FBI Albany Field Office, he asked agents, “Don’t you think the witness deserved it?” and “What do you expect when you betray family and people you trust?”

United States District Judge Mae A. D’Agostino called the assault an “attack on the justice system” that sends “a chilling message to anyone who might be subpoenaed to trial” to testify. She ordered Patrick Civitello to pay a $5,000 fine and to serve a 3-year term of post-imprisonment supervised release.

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 prosecuted this case.

Arizona Man Indicted for Federal Assault Charges

Source: US FBI

ALBUQUERQUE – An Arizona man has been charged by indictment with assault following an alleged incident that left the victim with severe injuries.

According to court records, on September 23, 2023, Emerson Hayes, 61, an enrolled member of the Navajo Nation, assaulted John Doe with a knife, causing serious bodily injury.

Hayesis charged with assault with a dangerous weapon and assault resulting in serious bodily injury and will remain in custody pending trial, which has not been set. If convicted of the current charges, Hayes 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 Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant U.S. Attorney Jesse Pecoraro is prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Jaremy Smith Sentenced to Life in Prison for New Mexico State Officer’s Murder

Source: US FBI

ALBUQUERQUEJaremy Smith has been sentenced to life in prison for a violent crime spree that culminated with the murder of Officer Justin Hare in New Mexico.

There is no parole in the federal system.

On March 15, 2024, Smith encountered NMSP Officer Justin Hare in Tucumcari, New Mexico, when Officer Hare stopped to assist Smith with a flat tire on the BMW. When Officer Hare pulled over behind the BMW, Smith exited the driver’s side of his car and approached the passenger window of Officer Hare’s patrol car. After a short discussion, Officer Hare asked Smith to walk to the front of the patrol vehicle. Instead, Smith shot Officer Hare, who slumped to the right in the driver’s seat. Smith then moved to the driver’s side of the patrol vehicle and shot Officer Hare two additional times before entering the driver’s seat and driving away with Hare still inside the vehicle.

Screenshot of Exhibit 1 (00:01:02) depicting Smith walking to driver’s side window of the patrol vehicle

At some point, the vehicle’s distress system was activated. Smith drove westbound on I-40 before exiting on a frontage road and removing Officer Hare from the vehicle, leaving him on the side of the road, and drove away. Smith drove the patrol vehicle for another 10 minutes, eventually crashing the patrol unit into shrubbery along the north frontage road of Interstate 40 in Guadalupe County, New Mexico.

When Officer Hare did not respond to the dispatcher’s check for an update, a second officer was sent to the scene. While en route, the second officer received the distress signal from Officer Hare’s handheld radio. The officer then spotted Officer Hare’s patrol unit driving in the opposite direction at high speed along the frontage road. The second officer attempted to catch up with Officer Hare’s unit, but before he could, Smith crashed the patrol vehicle. Upon approaching the crashed vehicle, the officer found it empty, with no sign of Smith or Officer Hare. The officer then began a search of the area and found Officer Hare, still alive. Officer Hare was rushed to Trigg Memorial Hospital in Tucumcari, where he was pronounced dead at 7:21 a.m.

After crashing the stolen patrol car, Smith fled on foot, stole a flatbed truck in Cuervo, and drove to Albuquerque. Smith was heading to Albuquerque because he had a former girlfriend who lived there.

Smith’s capture came on March 17, 2024, when a gas station clerk in Albuquerque recognized the unusual spelling of his name from police advisory messages when he presented identification to make a purchase, and the clerk contacted law enforcement. Bernalillo County Sheriff’s Deputies quickly arrived, and Smith attempted to ambush them before fleeing through a residential neighborhood. During the chase, Smith discarded the firearm used to kill Officer Hare, which was later recovered. Law enforcement also found the stolen flatbed truck, with ammunition inside, and further linked Smith to the crime spree.

“Jaremy Smith’s violent crime spree left a trail of destruction across state lines, endangering the lives of both the public and first responders,” said U.S. Attorney Ryan Ellsion. “Today’s sentence serves as a powerful reminder that violence against those who serve and protect the public will not be tolerated. Officer Justin Hare, a hero who saw someone in need and selflessly stepped in to help, paid the ultimate price. We honor his memory by ensuring that Jaremy Smith will never again be able to endanger the lives of others. Our focus remains on securing justice for victims and holding violent criminals fully accountable for their actions.”

“Every day, first responders answer the call to protect others- often at great personal risk. The loss of Officer Hare is a heartbreaking reminder of that reality,” said Raul Bujanda Special Agent in Charge of the FBI Albuquerque Field Office. “While this sentence does not undo the pain inflicted upon our community, we hope it brings a sense of resolution to his family. We will continue to work with our partners to pursue violent offenders with every tool at our disposal.”

“Jaremy Smith, in a cruel and calculated act of evil, ambushed Officer Justin Hare, executing him and leaving him to die alone in the cold after stealing his patrol vehicle,” said Chief Troy Weisler of the New Mexico State Police. “Thanks to the courage of community members and the tireless efforts of our local and federal partners, Smith was swiftly apprehended and brought to justice. With today’s sentencing, the court has sent a clear and unwavering message: anyone who harms those who protect and serve will face the full and unrelenting weight of justice. While no sentence can bring Justin back, our officers will rest easier knowing that Jeremy Smith will never again walk free and will spend the rest of his life exactly where he belongs.”

On January 17, 2025, Smith pled guilty to carjacking resulting in death, using and carrying a firearm during a crime of violence, kidnapping resulting in death, being a prohibited person in possession of a firearm, and possession of a stolen firearm.

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

The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead prosecuted the case.