Category: Security

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Former Teacher in New York City Charged with Distribution and Possession of Child Pornography

Source: US FBI

Jay Clayton, the United States Attorney for the Southern District of New York and Christopher G. Raia, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”) announced today the arrest of SAMUEL GONZALEZ, a former teacher at an acting school in New York City.  GONZALEZ is charged with distributing and possessing child pornography, including videos depicting the sexual abuse of infants and toddlers.  GONZALEZ will be presented later today before U.S. Magistrate Judge Barbara Moses.

U.S. Attorney Jay Clayton said: “As alleged, Samuel Gonzalez distributed a large volume of child pornography, including images of sexual abuse of children as young as a few months old.  The lasting scars from the horrific abuse of children are deeply troubling to all New Yorkers.  Together with our partners, we will relentlessly pursue those who victimize children and prosecute them to the fullest extent of the law.”

FBI Assistant Director in Charge Christopher G. Raia said: “Samuel Gonzalez allegedly distributed thousands of pornographic images of infants and minors to an undercover federal agent over a brief period.  Gonzalez’s alleged actions grossly disregarded the victims’ welfare and repeatedly violated their privacy by sharing this twisted material.  The FBI is deeply committed to preventing crimes against children and will continue to apprehend any individual who supplies these explicit images.”   

According to the allegations contained in the Complaint:[1]

GONZALEZ is an actor, dancer, theater producer, and former teacher at an acting school in New York City.  In or about January 2023 and April 2023, GONZALEZ used an online messaging application to send links containing over 1,500 files of child pornography to a federal law enforcement agent acting in an undercover capacity.   In addition, in or about June 2023, federal agents executed a judicially-authorized search warrant of GONZALEZ’s apartment.  Pursuant to that warrant, federal agents seized and searched GONZALEZ’s phone and laptop, which were found to contain over 80 unique files of child pornography, including videos and images of infants and prepubescent adolescents who had not attained 12 years of age.

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GONZALEZ, 31, of Brooklyn, New York, is charged with one count of distribution of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison.  GONZALEZ is further charged with one count of possession of child pornography, which carries a maximum sentence of 20 years in prison.

The statutory maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Clayton praised the outstanding investigative work of the FBI and the FBI/New York City Police Department Child Exploitation and Human Trafficking Task Force. 

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorneys Katherine Cheng and Diarra M. Guthrie are in charge of the prosecution.

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

 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

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U.S. Attorney Announces $202 Million Settlement with Gilead Sciences for Using Speaker Programs to Pay Kickbacks to Doctors to Induce Them to Prescribe Gilead’s Drugs

Source: US FBI

Gilead Admits to Paying Hundreds of Thousands of Dollars to High Prescribers of Gilead’s HIV Drugs to Serve as Speakers at Programs and to Holding Programs at Luxury Restaurants

Jay Clayton, the United States Attorney for the Southern District of New York; Naomi Gruchacz, the Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”); Christopher M. Silvestro, the Acting Special Agent in Charge of the Northeast Field Office of the Defense Criminal Investigative Service (“DCIS”), the law enforcement arm of the Department of Defense’s Office of Inspector General (“DOD-OIG”); and Christopher G. Raia, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that the U.S. has settled a civil fraud lawsuit against GILEAD SCIENCES, INC (“GILEAD”), a large pharmaceutical manufacturer, that, among other things, develops, manufactures, and sells drugs for the treatment of infectious diseases, including HIV/AIDS. The settlement resolves claims that GILEAD offered and paid kickbacks in the form of honoraria payments, meals, and travel expenses to healthcare practitioners who spoke at or attended Gilead speaker events to induce them to prescribe Stribild®, Genvoya®, Complera®, Odefsey®, Descovy®, and Biktarvy® (the “Gilead HIV Drugs”) in violation of the Anti-Kickback Statute (“AKS”) and thereby caused false claims for the Gilead HIV Drugs to be submitted to and paid by federal healthcare programs in violation of the False Claims Act.

Under the settlement, which was approved yesterday by U.S. District Judge Paul A. Engelmayer, GILEAD agreed to pay a total sum of $202 million, of which $176,927,889.28 will be paid to the U.S. and the remainder will be paid to various states.  As part of the settlement, GILEAD also made extensive factual admissions regarding its conduct.

U.S. Attorney Jay Clayton said: “For years, Gilead unlawfully sought to increase sales of its HIV drugs, by using its speaker programs to funnel kickbacks to doctors.  As alleged, Gilead spent tens of millions of dollars on these programs, including over $20 million in speaking fees and millions more in exorbitant meals, alcohol and travel, all in an effort to induce doctors to prescribe Gilead’s HIV drugs and drive up sales.  With this settlement, Gilead has taken responsibility for its conduct and agreed to pay a significant financial penalty.  The message is clear, companies that illegally drain taxpayer dollars from federal healthcare programs will be held accountable.”

HHS-OIG Special Agent in Charge Naomi Gruchacz said: “This impactful settlement is the result of collaborative work by law enforcement partners, revealing Gilead’s unlawful practice of providing kickbacks to physicians under the guise of its HIV educational speaker programs.  Violations of the Anti-Kickback Statute, which in this case involved expensive HIV medications, can inappropriately influence physicians’ decision-making and divert the monies of taxpayer-funded federal healthcare programs.”

DCIS Acting Special Agent in Charge Christopher M. Silvestro: “This settlement is the result of the partnership among law enforcement and the Department of Justice to aggressively investigate and hold accountable companies and their employees who value greed over healthcare.  Protecting TRICARE, the healthcare system for Service members and their families, and investigating kickback schemes are priorities for DCIS.”

FBI Assistant Director in Charge Christopher G. Raia said: “This settlement ensures Gilead is held accountable for their illicit use of perks and kickbacks to entice doctors to prescribe the company’s medicine.  These types of schemes are not victimless – illegal kickbacks directly affect taxpayer funded healthcare programs.  The FBI will continue to investigate and stop healthcare companies attempting to benefit from deceitful and illegal practices.”

As alleged in the Complaint filed in Manhattan federal court:

The Gilead HIV Drugs are antiretroviral drugs (i.e., drugs that act against retroviruses such as HIV) used for the treatment of HIV.  These drugs are very expensive—Medicare typically paid well in excess of a thousand dollars for a one-month supply of Complera®, and significantly more for many of the other Gilead HIV Drugs.

As part of its marketing efforts and to increase sales, Gilead conducted events known as “HIV Speaker Programs” at which a healthcare provider involved in the treatment of HIV was engaged to present a slide deck (prepared by Gilead) and facilitate discussion about one of the drugs or a topic concerning HIV (an “HIV Disease State Topic”) to other healthcare providers involved in the treatment of HIV (“Attendees”).  Gilead’s HIV Speaker Programs were often held in the evening at restaurants (“HIV Dinner Programs”).

From January 2011 to November 2017 (the “Relevant Time Period”), Gilead conducted HIV Speaker Programs in order to promote and increase the sales of the Gilead HIV Drugs.  The HIV Speaker Programs were supposed to be educational in nature and the cost of any meals provided was supposed to be modest.  But in practice, during the Relevant Time Period, Gilead’s HIV Speaker Programs provided kickbacks to healthcare providers by: holding HIV Dinner Programs at high-end restaurants that were wholly inappropriate for educational events; allowing Attendees to attend HIV Dinner Programs on the exact same topic again and again and, thereby, obtain free lavish meals for events that held minimal educational value for them; and paying for HIV Speakers to travel to speak at desirable destinations—at times at the HIV Speaker’s request.  Further, Gilead’s compliance program failed to prevent these improper practices, even though Gilead knew that it had to comply with the AKS and the company’s own data should have put Gilead on notice of many of these abuses. 

Many healthcare providers who received these improper kickbacks then prescribed the Gilead HIV Drugs.  As a result, federal healthcare programs paid millions of dollars in reimbursements for tainted prescriptions.

As part of the settlement, GILEAD admitted and accepted responsibility for certain conduct alleged by the U.S., including the following:

  • Gilead paid many high-volume prescribers of HIV drugs tens or hundreds of thousands of dollars in honoraria to prepare and present as HIV Speakers.  For instance, one HIV Speaker, who received over $300,000 in total honorarium payments, wrote prescriptions for Gilead HIV Drugs that resulted in over $6 million in Medicare, Medicaid, and TRICARE payments.
  • On many occasions, Gilead covered the travel costs of HIV Speakers who traveled long distances to speak at HIV Speaker Programs at desirable travel destinations, such as Hawaii, Miami, and New Orleans.  This was sometimes in response to an HIV Speaker’s request to be booked for an HIV Speaker Program in that city.
  • Sales representatives in Gilead’s HIV therapeutic area (“Sales Representatives”) organized HIV Speaker Programs at high-end restaurants across the country.  For instance, a significant percentage of the HIV Speaker Programs held in New York City were held at expensive restaurants, such as the James Beard House, Del Posto, Asiate, Palma, Vaucluse, Ilili, and Limani.  In particular, Gilead held 157 HIV Speaker Programs at the James Beard House, making it one of Gilead’s most used venues for HIV Speaker Programs.  A dinner at the James Beard House typically included approximately six courses with alcoholic beverage pairings.
  • Sales Representatives repeatedly invited numerous doctors and other healthcare providers to attend the same HIV program over and over.  Many repeatedly attended HIV Speaker Programs covering the exact same topic, often within a short period of time.
  • Over 250 prescribers of the Gilead HIV Drugs attended HIV Dinner Programs on the same topic three times or more within a six-month period.  And over 80 of them attended five or more HIV Dinner Programs on the same topic within a six-month period.
  • Further, many healthcare providers who were paid to be HIV Speakers on a particular topic also attended HIV Dinner Programs on exactly the same topic, often within less than six months after speaking.
  • In certain instances, the same group of doctors repeatedly attended the same HIV Speaker Programs together at various restaurants.  In many instances, they attended a HIV Dinner Program less than two weeks after speaking on the same topic.
  • During the Relevant Time Period, Gilead’s policies and procedures failed to prevent Sales Representatives and Regional Directors in its HIV therapeutic area from improperly providing honoraria payments, meals, and travel expenses to healthcare providers who spoke at or attended HIV Speaker Programs to induce them to prescribe the Gilead HIV Drugs. 

In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had been filed under seal pursuant to the False Claims Act.

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Mr. Clayton thanked the New York Medicaid Fraud Control Unit for their extensive collaboration in the investigation and resolution of this case, and also praised the outstanding investigative work of the FBI, HHS-OIG and DCIS.

The case is being handled by the Office’s Civil Frauds Unit.  Assistant U.S. Attorneys Jacob M. Bergman, Allison M. Rovner, Rebecca S. Tinio, and Lucas Issacharoff are in charge of the case.

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Buffalo Man Going to Prison for 20 Years for Sex Trafficking Minors

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Steven Gonzalez a/k/a Steven Hernandez, a/k/a Steve, a/k/a Stevie, a/k/a Unc, 48, of Buffalo, NY, who was convicted of sex trafficking by coercion, was sentenced to serve 240 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Joel L. Violanti, Caitlin M. Higgins, Joseph Tripi and Joshua Violanti, who handled the case, stated that between 2012 and March 2015, Gonzalez coerced a minor, identified as A.N., to engage in commercial sex acts. Gonzalez provided A.N. with cocaine in exchange for sex knowing that A.N. was physically addicted to cocaine. Gonzalez used A.N.’s addiction to cocaine and other drugs to keep A.N. dependent on himself and to coerce A.N. to engage in commercial sex acts with him directly.

In addition, between 2012 and 2013, Gonzalez coerced another individual, identified as B.E., to engage in commercial sex acts. Gonzalez provided B.E. with heroin in exchange for sex, knowing that B.E. was physically addicted to heroin. Gonzalez used B.E.’s addiction to keep B.E. dependent on himself and to coerce B.E. to engage in commercial sex acts with him directly.

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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Olean Woman Arrested, Charged with Multiple Drug and Gun Charges for Her Role in Olean Drug Ring

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Janine McKenney, 42, of Olean, NY, was arrested and charged by criminal complaint with possession with intent to distribute methamphetamine and cocaine, which carry a maximum penalty of 20 years in prison, possession of a firearm in furtherance of a drug trafficking crime, which carries a mandatory minimum penalty of five years in prison, and a maximum of life, and being a felon in possession of a firearm, which carries a maximum penalty of 15 years in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that on February 17, 2025, Erie County Sheriff’s Deputies responded to a report of a female slumped over in a vehicle at a gas station in Springville, NY. When deputies arrived, the female had departed the gas station. A short time later, they located the vehicle and conducted a traffic stop. During the traffic stop, the driver, later identified as McKenney, provided a false name to deputies. She was detained after a deputy observed a glass pipe designed for smoking crack cocaine in the. While exiting the vehicle, McKenney appeared to be attempting to conceal a suspected crack cocaine rock, which came to rest on the driver’s seat of the vehicle. During a search of the vehicle, deputies discovered a quantity of narcotics, including methamphetamine. The following day, on February 18, 2025, deputies conducted an intake search of McKenney at the Erie County Sheriff’s Office Holding Center and discovered three bags of suspected narcotics on McKenney’s person.  A subsequent search of McKenney’s cell phone various photographs of ledgers, firearms, and suspected narcotics that appear to be packaged for sale.

Later in the evening on February 18, 2025, investigators executed a search warrant at McKenney’s Olean residence. McKenney utilized her residence while engaging in drug trafficking activities. During the search, quantities of suspected cocaine, morphine pills, and drug paraphernalia were recovered. In addition, three loaded pistols, ammunition and $2519.00 in cash was also recovered. Two of the three pistols were previously reported stolen. In November 2014, McKenney was convicted of a drug felony in New York State Court and is legally prohibited from possessing a firearm.

The complaint is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Eric Butler, the Olean Police Department, under the direction of Chief Ron Richardson, and the New York State Police, under the direction of Amie Feroleto.

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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Tonawanda Man Going to Prison for 25 Years for Production of Child Pornography

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Michael E. Swain, 37, of Tonawanda, NY, who was convicted of production of child pornography, was sentenced to serve 25 years in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between October 20 and November 1, 2021, Swain coerced five minor victims to engage in sexually explicit conduct for the purpose of producing visual depictions. Specifically, Swain communicated with a 15-year-old minor female who resided in Colorado using Discord, a social media platform. The communications included sexually graphic conversations, during which Swain requested that the minor female take sexually explicit videos and images and send them to him. In addition, Swain engaged in numerous sexual communications with the minor female from approximately 2019 to 2022, during which other sexually explicit images and videos were sent from to Swain. On February 28, 2023, the FBI executed a search warrant at Swain’s residence and seized a desktop computer tower, a laptop computer, and an external hard drive, all of which were found to contain child pornography.

The sentencing is the result of an investigation by the Tonawanda Police Department, under the direction of Chief James Stauffiger, the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Amie Feroleto.

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Essex County Man Sentenced to 210 Months in Prison for Sex Trafficking Offenses

Source: US FBI

TRENTON, N.J. – An Essex County, New Jersey, man was sentenced to 210 months in prison on charges of sex trafficking and prostitution-related offenses, U.S. Attorney Alina Habba announced.

Amin Sharif, 50, of Newark, was convicted by a jury in July 2024 of one count of attempted transportation of a victim with intent to engage in prostitution, one count of sex trafficking of a minor, one count of use of an interstate facility to promote unlawful activity, one count of transporting a victim with intent to engage in prostitution, and one count of persuading a victim to travel to engage in prostitution, following an eight-day trial before U.S. District Judge Michael A. Shipp in Trenton federal court.

According to documents filed in this case and the evidence at trial:

In January 2021, the Federal Bureau of Investigation began investigating Sharif for sex trafficking offenses. Sharif recruited four females, including one minor victim, from states across the country—New York, Pennsylvania, Idaho, and Utah.  Sharif used multiple social media accounts and assumed aliases and false identities to recruit and entice victims.  He made promises of housing stability, payment of bills and living expenses, and promises that the victims could make up to thousands of dollars per day by working for him.  Sharif advertised the minor victim online, offering her for 32 sexual services.

Sharif was previously convicted of transporting a minor to engage in prostitution in federal court and was sentenced to 10 years in prison.

In addition to the prison term, Judge Shipp sentenced Sharif to 20 years of supervised release.

“Amin Sharif is a dangerous sex offender who has repeatedly preyed on vulnerable young women and minors in our society.  The Court’s sentence will prevent Sharif from harming additional victims and will send a strong signal to would-be traffickers that sex trafficking will not be tolerated in the District of New Jersey and will result in serious sentences.”

–U.S. Attorney Alina Habba

“Disguised with multiple names and social media profiles, and promising help financially, Sharif instead sexually exploited his victims for his own monetary gain. Sharif ignored the physical and psychological trauma he was causing these vulnerable women and minors.  FBI Newark Special Agents, Analysts, and Task Force Officers will stop at nothing to get heinous criminals off the streets, phones, and computers from where they lurk and put them behind bars where they belong,” stated FBI Acting Special Agent in Charge Terence G. Reilly. 

U.S. Attorney Habba credited special agents of the FBI Newark Field Office, under the direction of Acting Special Agent in Charge Terence G. Reilly, with the investigation leading to this sentencing.  She also thanked the FBI’s Rochester, New York Office and the Dansville Police Department for their assistance.

The government is represented by Assistant U.S. Attorneys Farhana C. Melo and Chelsea D. Coleman of the Criminal Division in Newark.

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Defense counsel: Laurie M. Fierro Esq., Kinnelon, New Jersey; Mary F. Khellah, North Bergen, New Jersey

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Mexican Citizen Arrested, Charged with Production of Child Pornography and Enticement of a Minor

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Victor Francisco Lucas, 31, a citizen of Mexico, was arrested and charged by criminal complaint with production of child pornography and enticement of a minor, which carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that according to the complaint, in January 2025, the mother of 12-year-old minor victim called the National Threat Operations Center to report online grooming of the victim, after looking through her daughter’s cellular phone and finding a number for an unknown individual, who had been communicating with the victim via social media and text message. The individual was later identified as Lucas, who worked on a dairy farm in Western New York. Lucas told the victim he was 12 or 13 years old and requested and induced the victim to send nude photos of herself to him. The victim could not send explicit photos to Lucas because parental controls installed on her device blocked the transmission.  According to the complaint, Lucas then coerced the victim to participate in nude and sexually explicit Facetime video calls. 

Lucas is a citizen of Mexico. He does not have legal status to be in the United States.

Lucas made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was detained.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.

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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New Paltz Man Charged with Online Sexual Exploitation of a Minor

Source: US FBI

ALBANY, NEW YORK – Max Fishkind, age 24, of New Paltz, New York, was charged today with sexual exploitation of a child.  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.

According to a complaint filed today, on September 23, 2024, Fishkind used, persuaded, induced, enticed and coerced a child into creating and sending him self-produced child sexual abuse material over Snapchat.  The child, who was 15 years old at the time of the crime, reported that Fishkind initially told the child he was 17 years old, but the child later learned that Fishkind was not a minor and stopped communicating with him. 

The investigation into Fishkind began after the parents of a minor child residing in the state of Maryland reported to the FBI that their child had engaged in inappropriate sexual messaging with Fishkind, which included self-produced nude images of the minor that had been sent to Fishkind over Snapchat.  When the FBI learned that Fishkind had since moved from Houston, Texas, to New Paltz, FBI Albany took over the investigation, which resulted in the charge filed today. The charges against Fishkind are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

Fishkind made his initial appearance before U.S. Magistrate Judge Daniel J. Stewart today.  He was detained pending a detention hearing scheduled for May 5.

If convicted of the offense, Fishkind faces at least 15 years and up to 30 years in prison, a fine of up to $250,000, and a supervised release term of at least 5 years and up to life. Fishkind may also be ordered to pay restitution to the victim of his offense and forfeit any devices used in the offense. 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. Fishkind would also have to register as a sex offender upon his release from prison.

The FBI is investigating this case.  Assistant U.S. Attorney Benjamin S. Clark is 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. Lead with the action and the most basic information – who, what, when and where. 

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Iraqi Man Charged with Illegal Voting by an Alien

Source: US FBI

ALBANY, NEW YORK – Akeel Abdul Jamiel, age 45, formerly of South Glens Falls, New York, was charged on Friday with illegally voting in the 2020 election.  United States Attorney John A. Sarcone III; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Erin Keegan, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

According to an information filed in federal court, Jamiel, an Iraqi who was not a United Citizen, voted in the November 2020 election in Saratoga County, New York.  The charge in the information is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

United States Attorney Sarcone stated: “As alleged, Jamiel’s voting in the 2020 election was a callous and illegal act.  We will continue to investigate and prosecute illegal schemes aimed at corrupting the election process.”  

FBI Special Agent in Charge Craig L. Tremaroli stated: “Election security is and will continue to be one of the FBI’s highest national security priorities. Americans have a right to expect free and fair elections and the FBI is committed to working with our partners to seek justice for anyone trying to interfere with the democratic process.”

HSI Special Agent in Charge Erin Keegan stated: “This defendant’s alleged crimes are an insult to the democratic process and demonstrate his blatant disregard for the sanctity of American constitutional rights. I commend HSI Albany and our law-enforcement partners for their success in this unified effort.”

The charge filed against Jamiel carries a maximum term of 1 year in prison and a fine of up to $100,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The U.S. Department of Government Efficiency (DOGE) assisted in this investigation.

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Indian Citizen Convicted of Submitting Fraudulent Immigration Application

Source: US FBI

Burlington, Vermont – The United States Attorney for the District of Vermont announced that yesterday, after a two-day trial before United States District Judge Joseph Laplante, a federal jury convicted Nasir Hussain, 31, a citizen of India who had been living in Orlando, Florida, of submitting a false statement of material fact on an immigration application, specifically an I-360 Violence Against Women Act (“VAWA”) self-petition.  Immediately following his conviction at trial, Hussain was sentenced to time-served.

Hussain has been in continual federal custody since his arrest in May of 2023 on a wire fraud conspiracy charge.  The wire fraud case proceeded to trial in October 2024, resulted in a jury verdict of guilty, which was subsequently set aside by the Court via a judgment of acquittal.  The United States has entered a notice of appeal of the judgment of acquittal and that appeal remains pending.

According to court records and evidence presented at trial in the immigration fraud case, Hussain traveled to Connecticut in October of 2021 for the purpose of entering a sham marriage to a United States Citizen.  Hussain never saw the woman prior to nor after the date of the wedding.  After the wedding, Hussain paid for insurance policies in the name of his “wife,” subscribed to magazines in her name, and ordered merchandise in her name, all to manufacture evidence that Hussain and his “wife” were living together at his Orlando residence.  After manufacturing this evidence, Hussain went to an urgent care facility, and falsely claimed he was abused by his “wife.”  Hussain thereafter caused the submission of the evidence he had manufactured, along with medical records, to the United States Immigration and Citizenship Office in support of an I-360 VAWA self-petition, claiming he was the spouse of an abusive U.S. citizen with whom he had been cohabitating at his Orlando apartment.   The evidence at trial, including testimony of his “wife” and former roommates, established beyond a reasonable doubt that Hussain’s “wife” never lived in Florida as he had claimed, and therefore could never have abused him as he alleged.  Had Hussain’s immigration package been successful, he would have been awarded a VAWA visa and potentially Lawful Permanent Residence status in the United States.

Acting United States Attorney Michael P. Drescher praised the investigatory work of the Federal Bureau of Investigation.  At trial, Assistant U.S. Attorneys Michelle M. Arra and Jonathan A. Ophardt represented the government.  Hussain was represented by Kevin Henry, Esq.

This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).