Carmel, NY

Bad Check Charge Leads To ICE Detainer

Putnam County Sheriff Donald B. Smith reports that a Peekskill resident arrested on criminal charges stemming from the issuance of a bad check is being detained for immigration officials.

In July of 2009, the Sheriff’s Office received a complaint from Mahopac Tool Rental that the business was issued a $601.48 check which was returned due to insufficient funds. The maker of the check, 33 year-old Antonio Machisaca of 1740 Carhart Avenue, Peekskill, New York, was contacted several times by the business in an effort of him making restitution, however, he ignored these efforts. The case was then assigned to Investigator Stephen Tricinelli of the Sheriff’s Bureau of Criminal Investigation.

On January 26, 2010, Investigators Tricinelli and Michael Nalbone traveled to the City of Peekskill and located Mr. Machisaca. He was arrested and charged with Issuing a Bad Check, a class “A” misdemeanor. Mr. Machisaca was returned to the Sheriff’s Office and after processing was arraigned before Carmel Town Justice Thomas Jacobellis. Justice Jacobellis remanded Mr. Machisaca to the Putnam County Correctional Facility in lieu of $600 cash bail or $1,000 secured bond pending a February 2, 2010 court date.

Further investigation revealed that Mr. Machisaca was of Ecuadorian citizenship and his lawful status in this country questionable. As is the standard operating procedure of the Putnam County Sheriff’s Office, upon entry into the jail, authorities from the United States Immigration and Customs Enforcement Agency (ICE) were notified. After an evaluation by ICE, they lodged an immigration “detainer” against Mr. Machisaca holding him at the jail for further action.

Upon a conviction of the crime of Issuing a Bad Check, a court may impose a jail sentence for up to one year in the Putnam County Correctional Facility.