SYRACUSE, NEW YORK - Anthony Lopes, age 29, of Syracuse, New York, pled guilty today to possessing unregistered silencers, announced Acting United States Attorney Antoinette T. Bacon,   John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, City of Syracuse Police Department.

As part of his guilty plea, Lopes admitted to selling a total of three silencers on February 10, 2020, and February 13, 2020.  None of the silencers had serial numbers and were not registered to Lopes in the National Firearms Registration and Transfer Record.

Sentencing is scheduled for November 10, 2021, before Chief District Judge Glenn T. Suddaby in Syracuse, New York, at which time Lopes faces up to 10 years in prison, a fine of up to $10,000, and a term of supervised release of up to 3 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.

This case was investigated by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Syracuse Police Department-Special Investigations Division (SPD-SID), and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – The Justice Department, together with the New York State Office of the Attorney General, announced today that the United States and New York State have entered into settlement agreements with the landlord and several individuals and entities involved in the operation of Saratoga Center for Rehabilitation and Skilled Nursing Care (Saratoga Center), a nursing facility in Ballston Spa, New York. Leon Melohn; Alan “Ari” Schwartz; Jeffrey Vegh; Jack Jaffa; 149 Ballston Ave., LLC; Ballston Two, LLC; Saratoga Center for Care, LLC; and Saratoga Care and Rehabilitation Center, LLC (the Settling Parties) collectively agreed to pay $7,168,000 to resolve allegations that they violated the False Claims Act by causing the submission of false claims to the Medicaid program for worthless services provided to residents. Saratoga Center closed in February 2021, after this investigation was initiated.

“This settlement demonstrates the Department of Justice’s ongoing commitment to ensuring that nursing home residents receive the quality of care to which they are entitled,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “When individuals or entities put the welfare of these vulnerable residents in jeopardy, they will be held accountable.” 

Before issuing a license to operate a nursing home, the New York State Department of Health (NYSDOH) thoroughly reviews, among other things, an applicant’s character and competence to ensure that the operator will provide a consistently high level of care to residents. After a months-long vetting process, in 2014, NYSDOH approved Schwartz and Vegh to operate Saratoga Center with Leon Melohn, through entities he managed and controlled, acting as its landlord (Melohn and his entities are hereinafter referred to as the Landlord). This license vested in Schwartz and Vegh the nondelegable duty to oversee the operations of the home. But in or around early 2017, due to a financial dispute, the Landlord required the legally licensed operators to surrender control of Saratoga Center. The Landlord replaced them with Jaffa and a business associate of his, along with various corporate entities, even though none of them had – and they never obtained – the necessary license from the NYSDOH. Jaffa and his associate undertook all the nondelegable duties that remained the responsibility of Schwartz and Vegh. 

These unlicensed individuals operated Saratoga Center from February 2017 until it closed in February 2021. During that period, the United States contends that Saratoga Center delivered worthless services to residents, and its physical conditions deteriorated to such a degree that it violated federal and state regulations. Specifically, the operators failed to adequately staff the home, and residents suffered medication errors, unnecessary falls, and the development of pressure ulcers. Additionally, Saratoga Center did not consistently maintain hot water throughout the facility, have an adequate linen inventory, and dispose of solid waste. In 2019, Saratoga Center was placed on the Centers for Medicare and Medicaid Services Special Focus Facility list – a list of the worst-performing nursing homes in the United States. Saratoga Center remained on the list until its closure. 

The United States contends that, between February 2017 and February 2021, the Settling Parties knowingly submitted or caused the submission of false claims for payment to Medicaid for worthless nursing services. This settlement resolves those allegations. 

“Nursing homes should protect the health and well-being of every resident,” said U.S. Attorney Carla Freedman for the Northern District of New York. “That did not happen at Saratoga Center. Instead, a business dispute between the operators and landlord led to dangerous conditions for residents and staff, and caused the submission of false claims to Medicaid for worthless services. This case demonstrates that we will hold responsible people accountable when they pocket federal funds while providing substandard care. Thank you to Attorney General James and her office for collaborating on this case.”

“We trust nursing homes to protect New Yorkers during their most vulnerable days, but the owners, unlicensed operator and landlord of Saratoga Center repeatedly violated the law for their own benefit,” said Attorney General Letitia James. “Instead of providing the quality care and compassion that residents deserved, the owners of Saratoga Center deceived regulators and left residents to suffer deplorable conditions and neglect. I am grateful to U.S. Attorney Freedman and team for their partnership in holding Saratoga Center accountable for putting New Yorkers in harm’s way. My office will continue to ensure nursing home residents are protected, and I encourage anyone who has witnessed alarming conditions, resident neglect, or abuse at a nursing home to contact my office.”

In connection with the settlement, the United States Department of Health and Human Services, Office of Inspector General (HHS OIG), negotiated voluntary exclusions of the individuals and entities. Schwartz; Saratoga Center for Care, LLC; 149 Ballston Ave, LLC; and Ballston Two, LLC will be excluded from Medicare, Medicaid, and all other Federal health care programs, as defined in 42 U.S.C. § 1320a-7b(f), for a period of ten years. Vegh will be excluded for eleven years. Jaffa and Saratoga Care and Rehabilitation Center, LLC, will be excluded for twenty years. 

“Ensuring safety and quality of care for nursing home residents is a top priority,” said Inspector General Christi A. Grimm of the HHS OIG. “When nursing home owners, operators, and landlords are responsible for substandard care in their facilities, HHS OIG will not hesitate to pursue their exclusion and bar them from future participation in federal health care programs.”

The resolution obtained in this matter was the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the Justice Department’s Civil Division Commercial Litigation Branch, Fraud Section, the New York State Office of the Attorney General’s Medicaid Fraud Control Unit, and the United States Department of Health and Human Services, Office of Inspector General.

Assistant U.S. Attorney Christopher R. Moran and Civil Division Attorneys Carol Wallack and Lyle Gruby handled this matter for the United States. Special Assistant Attorneys General Emily Auletta and Hillary Gray Chapman handled this matter for the Office of the New York Attorney General’s Medicaid Fraud Control Unit. The exclusions of the individuals and entities were negotiated by Senior Counsel Felicia Heimer for HHS OIG.

The United States’ investigation was part of its Elder Justice Initiative, which supports the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect, and financial exploitation, with the development of training, resources and information. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice.

Attachments:







149 Ballston Ave Ballston Two Settlement Agreement (2-27-2023).pdf













Jack Jaffa Settlement Agreement (2-27-2023).pdf













Jeffrey Vegh Settlement Agreement (2-27-2023).pdf













Ari Schwartz and Saratoga Center Settlement Agreement (2-27-2023).pdf

SYRACUSE, NEW YORK – Jovaun Clark, age 45, of Syracuse, was sentenced yesterday to serve 87-months in federal prison for possessing unregistered machine guns and short-barreled rifles, possessing firearms and ammunition while a convicted felon, and selling firearms and ammunition to a convicted felon, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Chief Kenton Buckner, City of Syracuse Police Department, and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Clark admitted to selling seven (7) firearms and numerous rounds of ammunition in an undercover enforcement operation in January 2019.  Five (5) of the firearms were “ghost guns” bearing no serial number, two (2) were handguns that had been modified to operate as machine guns, and two (2) were illegal short-barreled rifles. None of the machine guns and short-barreled rifles were registered to the defendant as required by federal law.  In 1999, the defendant was convicted in Onondaga County Court of Criminal Possession of a Controlled Substance in the Third Degree, a felony offense.

United States District Judge David N. Hurd further imposed a 3-year term of supervised release, which will start after Clark is released from prison. 

This case was investigated by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Syracuse Police Department (Intelligence Section), and the U.S. Drug Enforcement Administration (DEA), and was prosecuted by Assistant U.S. Attorneys Thomas Sutcliffe and Richard Southwick.

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

ALBANY, NEW YORK – Antonio Naveo, a/k/a “Gratto,” a/k/a “Green Eyes,” age 40, of Ellenville, New York, pled guilty today to drug and firearm charges, and admitted his leadership of a drug trafficking organization that distributed crack cocaine and fentanyl in Ulster County. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (HSI), New York; and Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT).

In connection with his plea, Naveo admitted that, between September 2017 and December 2018, he led an organization that trafficked crack cocaine and fentanyl from New York City and Pennsylvania, respectively, to Ellenville, for redistribution in various locations around the Rondout Valley.  Naveo further admitted that he unlawfully possessed a firearm as a felon.

Naveo faces at least 10 years and up to life in prison, a term of supervised release of at least 5 years and up to life, and a maximum fine of $10 million, when he is sentenced by United States District Judge Mae A. D’Agostino on July 13, 2021.  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 following defendants have also pled guilty in connection with the conspiracy, and were sentenced as follows:



Name





Age





Prison Term





Supervised Release Term





Iqwan Mandiville, aka “Qwan”





27





70 months





4 years





Randy Mandiville, aka “B-Murda”





31





42 months





6 years





Jennifer McCombs





49





24 months





3 years



The following defendants have also pled guilty in connection with the conspiracy, and face the following penalties:



Name





Age





Minimum





Maximum





Margaret Vandyke





58





10 years





Life





Luis Curet





35





5 years





40 years





Edwin Jorge





46





None





20 years



This case was investigated by HIS; the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County; and the New York State Police, with assistance from the Village of Ellenville Police and the Ulster County District Attorney’s Office.  The case is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.

ALBANY, NEW YORK – Nine defendants have been indicted and arrested for their roles in a drug trafficking organization that distributed large quantities of cocaine and fentanyl in Kingston, Ellenville and other areas of Ulster County. 

The announcement was made by United States Attorney Carla B. Freedman; Ivan J. Arvelo, Special Agent in Charge of Homeland Security Investigations (HSI), New York; and Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT).

The organization is alleged to have distributed kilogram quantities of cocaine and fentanyl between March 2021 and January 2023, in Kingston, Ellenville and other areas of Ulster County.  In executing search warrants on multiple residences in Ellenville, White Plains, the Bronx and Manhattan, law enforcement seized approximately 4 kilograms of fentanyl, 500 grams of cocaine, $600,000 in drug proceeds, and five firearms. The charges in the indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty.

United States Attorney Carla Freedman stated: “With today’s arrests we have dismantled an organization that brought large quantities of cocaine and fentanyl into the Hudson Valley. This case is the result of the close collaboration among federal, state and local law enforcement agencies that produces successful and significant drug trafficking prosecutions in Ulster County.”

HSI Special Agent in Charge Ivan Arvelo stated: “These 9 individuals are accused of drug-related crimes, all of which were allegedly part of their unlawful pursuit of money and power. But that ends today. HSI New York is proud to have partnered with the Ulster County Sheriff’s Office and New York State Police. Our shared commitment toward accomplishing our ultimate goal — justice — knows no bounds.”

Ulster County Sheriff Juan Figueroa stated: “Today’s operation is the culmination of hard work and collaboration between the U.S. Attorney's Office for the Northern District of New York, the Department of Homeland Security Investigations, the Ulster County Sheriff's Office, New York State Police, Ulster County District Attorney's Office and our Ulster Regional Gang Enforcement Task Force. Today we dismantled a drug trafficking organization that would have continued to distribute fentanyl in New York City, Westchester County and the Hudson Valley that could have killed people. The crimes associated with this organization and the negative impact they had on our communities cannot be understated. Great job to all of the agencies involved.”

The defendants arrested to date, all of whom are charged with conspiracy to distribute and possess with intent to distribute controlled substances, would face the following minimum and maximum terms of imprisonment upon conviction:









Name





Age





Residence





Minimum Term of Imprisonment





Maximum Term of Imprisonment









Christopher Baez, aka “Butta”





45





Manhattan, New York





10 years





Life









Joseph Logan, aka “Jazz” aka “Jabb”





32





Ellenville, New York





5 years





40 years









Joshua Morales, aka “Young”





34





Ellenville





5 years





40 years









Joshua Atkinson, aka “Swaggs”





26





Ellenville





10 years





Life









Luis Santiago, aka “Banks”





35





Ellenville





10 years





Life









Frankie Maldonado Jr.





36





Ellenville





5 years





40 years









Justin Torres





35





Ellenville





5 years





40 years









Erkan Denix, aka “E” aka “Ed”





38





Ellenville





5 years





40 years









Daryl Livingston, aka “Whiz”





35





Huguenot, New York





None





20 years









Additionally, Deniz is charged with possession with intent to distribute cocaine, Atkinson is charged with distribution of cocaine and fentanyl, and Santiago is charged with possession with intent to distribute cocaine and fentanyl.

This case is being investigated by HIS; the Ulster County Sheriff’s Office in conjunction with URGENT (the Ulster Regional Gang Enforcement and Narcotics Team), an inter-agency taskforce targeting drug dealers and gang members in Ulster County; the New York State Police; the Village of Ellenville Police Department; and the White Plains Police Department, with assistance from the Ulster County District Attorney’s Office.   Assistant U.S. Attorneys Emmet O’Hanlon and Ashlyn Miranda are prosecuting this case.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

The Justice Department unsealed an indictment charging U.S.-Iranian national Jeffrey Chance Nader, 68, with crimes related to the illicit export of U.S.-manufactured aircraft components, including components used on military aircraft, to Iran in violation of U.S. economic sanctions and other federal laws. Nader was arrested yesterday in California. 

“This action demonstrates the Justice Department’s commitment to keeping military-grade equipment out of the hands of the Iranian regime,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “We will aggressively investigate, disrupt, and hold accountable criminal networks that supply sensitive technology to hostile and repressive governments in contravention of U.S. sanctions.” 

“Attacks by Iran and its proxies on U.S. allies in the Middle East and its ongoing supply of Russia with drones and other technology to be used in its illegal war against Ukraine demonstrate why we must do all that we can to stop Iran from acquiring U.S. parts, services, and technology," said U.S. Attorney Matthew M. Graves for the District of Columbia. “The charges announced today represent the latest step in our ongoing effort to hold accountable those who illegally funnel goods and services to Iran and to deter others from doing the same.” 

“Iran has no business using U.S.-manufactured parts and components to keep their planes and drones in the sky,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Commerce Department’s Bureau of Industry and Security. “Stopping these items before they get to our adversaries – like we did here – reflects the real-world impact we’re having through the Disruptive Technology Strike Force.” 

“This indictment highlights the FBI’s commitment to enforcing export laws by holding those accountable who allegedly try to smuggle U.S.-origin military equipment to the benefit of Iran,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “Any circumvention of U.S. export control law is unacceptable, and the FBI works diligently with its partners across the globe to seek out and bring to justice those who violate export laws along with any shell companies that support such activities.”

According to the indictment, beginning at least in 2023, Nader and other associates, conspired to purchase and illegally export – and attempted to export – from the United States to Iran four types of aircraft components, totaling nearly three dozen individual pieces. Some of these components are for use on military aircraft operated by Iran’s armed forces, including the F-4 fighter jet. 

Nader, acting on purchase orders he received from customers in Iran, coordinated the purchase of relevant aircraft components with business associates in Iran, by which Nader and his Iran-based associates would reach out to U.S.-based suppliers of such components. In several instances, Nader falsely identified himself and his company, California-based Pro Aero Capital, to the U.S.-based suppliers as the end user of the items.  

Once Nader obtained the aircraft components, he attempted to export the items on multiple occasions to the United Arab Emirates (UAE). The items were then to be transshipped to the ultimate customer in Iran. The items discussed in the indictment, however, were detained by a Special Agent with the Department of Commerce, and none were successfully exported from the United States. 

The FBI Washington Field Office and the Commerce Department’s Bureau of Industry and Security is investigating the case, with assistance provided by the FBI Los Angeles Field Office.

Assistant U.S. Attorney Steven B. Wasserman for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case. Significant assistance was provided by the U.S. Attorney’s Office for the Central District of California.  

This prosecution is being coordinated through the Disruptive Technology Strike Force, an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states. Under the leadership of the Assistant Attorney General for National Security and the Assistant Secretary of Commerce for Export Enforcement, the Strike Force leverages tools and authorities across the U.S. Government to enhance the criminal and administrative enforcement of export control laws.  

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

SYRACUSE, NEW YORK – Lisa Waldron, age 44, of Palermo, New York, pled guilty today to eleven counts of Theft of Government Property, announced United States Attorney Carla B. Freedman and Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

The charges to which Waldron pled guilty relate to her theft of Supplemental Security Income (“SSI”) benefits intended for her disabled son, Jordan Brooks, while Waldron was acting as Brooks’s representative payee.  A representative payee is a person or organization who receives Social Security benefits on another person’s behalf and is required to ensure the benefits are used only to support the beneficiary.

As part of her guilty plea, Waldron admitted that, after Brooks died on May 9, 2021, Waldron continued to receive SSI benefits intended for Brooks.  Instead of properly notifying SSA of the issue and knowing she was not entitled to Brooks’s benefit payments, Waldron nonetheless used Brooks’s SSI benefits to pay her own personal expenses until SSA independently learned of the issue and terminated Brooks’s benefits.

Unrelated to the federal charges to which Waldron pled guilty today, Waldron is also facing state murder charges related to her involvement in Brooks’s death.

On the federal charges, Waldron faces a maximum term of imprisonment of ten years, a fine of up to $250,000, and a term of supervised of up to three years. As part of her plea agreement, Waldron has also agreed to pay full restitution. She is scheduled to be sentenced on August 22, 2023, by Chief United States District Judge Brenda K. Sannes in Syracuse, New York.A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Social Security Administration Office of the Inspector General and is being prosecuted by Assistant U.S. Attorney Adrian S. LaRochelle and Special Assistant U.S. Attorney Paul J. Tuck.