NY: Broome County Registrant Sentenced for Failing to Register an Email Account

Source: justice.gov 9/6/22

SYRACUSE, NEW YORK – Thomas E. Cargill, age 56, of Endicott, New York was sentenced today to 18 months in prison, to be followed by 20 years of supervised release, for failing to update his sex offender registration by maintaining an unregistered email account. The announcement was made by United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.

Cargill also was ordered to pay a special assessment of $100. In addition to the term of imprisonment for failing to update his sex offender registration, Cargill was sentenced to an 10 month consecutive term of imprisonment for violating the conditions of his supervised release by committing new criminal conduct, failing to answer truthfully questions from his probation officer, and possessing an undisclosed internet capable device.

As part of his previously entered plea agreement, Cargill admitted that from November 5, 2016, through November 13, 2021, he failed to register a Google email address he created on September 24, 2016, as required by the Sex Offender Registration and Notification Act (“SORNA”). Cargill was required to register as a sex offender because of his prior federal conviction in 2008 for possession of child pornography in Maryland. That conviction required Cargill to register as a sex offender and to keep that registration current with personal identifying information, including email accounts. Cargill admitted that although he maintained his registration as a sex offender in the State of New York he did not register one of the email accounts that he had created despite knowing that he has an obligation under law to do so.

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Seems pretty excessive. And love how the article goes out of its way to make it sound more serious than it is.

How can ANYONE say that the registry is not punishment? 18 months in prison and 20 years supervised release for failing to give information to an Administrative Organization? That is what is wrong with the registry. Having to wonder every day if they will come for you for something as silly as providing an e-mail address. Hopefully, this will be appealed. Sickening! Can nobody argue things like this when addressing the supposedly no-npunitive registry? Maybe, in person registration was deemed not punitive, but putting someone in prison for something one is doing AFTER their sentence? Nobody else receives this type of treatment as a “free” person.

The community is now safer…but I thought registration was not punishment, but civil…

Wow that seems harsh!

And tell me again how the registry is not punishment? Also notice that he was sentenced to 10 months for not telling his probation officer the truth, and having an internet capable device. I also did that violation and I got sent back to prison too! So tell me is the registry punishment or not? LOL I think you know the answer!

Honestly – New York is making a big deal out of a nothing burger. Waste of taxpayer money. Waste of prison space. Just wasteful overall.

I hate to say it, but the guy did this to himself. However, 18 months in prison and 20 years of supervision just screams overkill. I mean really? Failure to register an email? Absolute waste of taxpayer dollars.

This is outrageous! The man had an email account that the thought police didn’t know about? So, Fing what?

What exactly do they do with these, “registered” email accounts and Social Media handles? Is it reported on the ML site?

Do they require a password? Do they monitor your communications?

What real crimes did they prevent by discovering the undisclosed email address? We all know the answer.

De-fund all law enforcement. Clearly they have far too much time and other resources available.

Can anyone with more legal savvy tell me if he was on probation? The word “probation” appears a few times in the article, but it’s unclear how it’s being used. I’ve never heard of a registry-based conviction, with prison time, for anything other than failing to register your primary address (or failing to register at all). An email address violation leading to prison time seems too excessive even for the Feds.

Endicott PD is total crap.. Lived there Endicott is known as one of the TRIPPLE Cities. When I was younger got a ticket for speeding in a school zone and I wasnt even speeding. Littlery Endicott is a crap place to live When I last lived there in 89 the largest store was a KMART. Was born and raised in upstate NY and left there in 89.. Biggest CITY next door is Binghamton Also the Broome county sherriff are just as corrupt. All of broome county has been loosing residents since the early 90’s.

Registry= just another opportunity to jail.

One thing that – correct me if I’m wrong – is interesting (and disturbing) about this is that he was prosecuted under federal SORNA (presumably, since it was a federal prosecutor).

Now, NY is one the jurisdictions that already collects “internet identifiers”, but the contrast to the recent case in the 2nd circuit that got remanded to the district court re: first amendment concerns, is striking. That was also a case of an unregistered email, and the registrant was required to register with both CT and NY as I understand, but the state dropped the charges.

I setup several email addresses using kanji characters and I noticed they never get them right on the electronic updates I need to sign. Even just weird ascii characters like the angstrom symbol “Å” or “☼” seems to mess up their database.

Since the man had a federal cp possession case, I assume he served no prison time since it’s not a mandatory minimum. (Remember, that’s what GOP lawmakers were flaming Justice Ketanji Jackson for because she did not support mandatory minimums for federal cp possession) Anyways, the man gets probation, but I’m sorry to say, he kind of screwed it up. Yes, the punishment is harsh. But anyone with a cp conviction knows they have to report their email address, especially if yous on probation! And he left it unreported for 5 years? Plus he didn’t tell his PO about a secret internet device? Heck, I remember when my PO threatened to revoke me over an accusation (from a disgruntled roommate ) of having an internet device.

People need to take responsibility for their own actions. Obviously this guy hasn’t.