Georgia Man Charged with Impersonating a Department of Energy Employee in Order to Gain Access to the Port of Albany

ALBANY, NEW YORK – Andrew Avila, age 49, of Acworth, Georgia, was indicted last week for pretending to be a Department of Energy employee in order to gain entry and access to the Port of Albany.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and U.S. Department of Energy Inspector General Teri L. Donaldson.

The Port of Albany is a transportation hub where vessel and rail freight are shipped and received; access to the Port is restricted pursuant to federal regulations.

Avila is charged with falsely representing himself to be a Department of Energy employee on May 2, 2018. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The two-count indictment, returned by the grand jury on June 15, 2021, charges Avila with entry under false pretenses, a misdemeanor, and false personation, a felony.  The first offense carries a maximum penalty of 1 year in prison, as well as a fine of up to $100,000 and a term of supervised release of up to 1 year. The second offense carries a maximum penalty of 3 years in prison, as well as a fine of up to $250,000 and a term of supervised release of up to 1 year. 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.

Avila will be arraigned at a later date.

This case is being investigated by the Department of Energy, Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.