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Bernardo Tovar, Drug Trafficking and Firearms Possession, New York 2024

ALBANY, NEW YORK – Bernardo Tovar, 34, of Amsterdam, New York, is headed for a long stretch behind bars. A federal judge slammed him with an 181-month prison sentence Tuesday for running drugs and illegally possessing a firearm. Tovar was caught peddling a deadly mix of fentanyl, cocaine, and methamphetamine, adding to the opioid crisis that continues to ravage communities.

The case, spearheaded by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Drug Enforcement Administration (DEA), revealed a conspiracy stretching from May 2022 to December 2022. Tovar wasn’t just moving product; he was dealing in counterfeit oxycodone pills laced with fentanyl – a particularly dangerous combination that has fueled a surge in overdose deaths. He wasn’t a first-timer either; Tovar already had a violent felony conviction for attempted robbery on his record.

Federal agents raided Tovar’s Amsterdam apartment on December 7, 2022, uncovering the drugs and a loaded handgun. According to court documents, Tovar admitted to possessing the fentanyl pills, cocaine, and methamphetamine, and explicitly stated he kept the gun to protect his illegal operation and the cash it generated. The search put an end to his operation, but the damage was already done.

U.S. Attorney Carla B. Freedman, speaking on the sentence, stated the case highlights the dangerous intersection of drug trafficking and firearms. “This sentence sends a clear message: those who peddle poison and endanger our communities with guns will face serious consequences,” she said. The judge didn’t stop at 181 months, tacking on an additional eight years of supervised release following Tovar’s prison term.

The investigation hasn’t concluded. Tovar’s alleged co-conspirator, Samuel Payano, was arrested on the same day as the raid and is facing charges related to the distribution and possession of fentanyl. Payano maintains his innocence, and the case is still pending. He is presumed innocent until proven guilty, but the feds are building their case.

Assistant U.S. Attorney Alexander P. Wentworth-Ping is leading the prosecution. This case serves as a stark reminder of the ongoing battle against the flow of illicit drugs and the dangers they pose. The ATF’s John B. DeVito and the DEA’s Frank A. Tarentino III both contributed to the investigation, highlighting the importance of interagency cooperation in tackling complex criminal enterprises.

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