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Date: 12-02-2021

Case Style:

United States of America v. Andrew Avila

Case Number: 1:21-cr-00210-MAD

Judge: Mae A. D'Agostino

Court: United States District Court for the Northern District of New York (Albany County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:


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Description: Albany, New York criminal defense attorney represented Defendant charged with entry by false pretenses.

Andrew Avila, age 45, of Acworth, Georgia was charged with entry under false pretenses in violation of 18 U.S.C. 1036, which provides Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport

(a) Whoever, by any fraud or false pretense, enters or attempts to enter—

(1) any real property belonging in whole or in part to, or leased by, the United States;

(2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States;

(3) any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section; or

(4) any secure area of any airport,

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under subsection (a) of this section is—

(1) a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed with the intent to commit a felony; or

(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.

(c) As used in this section—

(1) the term “secure area” means an area access to which is restricted by the airport authority, captain of the seaport, or a public agency; and

(2) the term “airport” has the meaning given such term in section 47102 of title 49.

The trial evidence demonstrated that Avila traveled from Atlanta, Georgia, on May 2, 2018, and entered the Port of Albany by passing himself off as a Department of Energy (“DOE”) employee. The Port of Albany is a secured area that spans parts of Albany, Rensselaer, and the Town of Bethlehem, New York, and is subject to a security plan required and approved by the United States Coast Guard.

Sentencing is scheduled for April 4, 2022 in Albany, before United States District Judge Mae A. D’Agostino. On the misdemeanor conviction, Avila faces a term of imprisonment of up to six months and a fine of up to $5,000.

The jury voted to acquit Avila of the felony charge of impersonating a DOE employee.

This case was investigated by the Department of Energy, Office of the Inspector General, and was prosecuted by Assistant United States Attorneys Emily C. Powers and Rick Belliss.

Outcome: Defendant was found guilty.

Plaintiff's Experts:

Defendant's Experts:

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