Western District of New York
Press releases recorded for this federal judicial district.
Cuban Citizen Pleads Guilty to Credit Card FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Eduardo Hernandez Quinones, 46, a native of Cuba, pleaded guilty to conspiracy to commit bank fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Hernandez fraudulently obtained the actual credit/debit card numbers of people and then encoded counterfeit cards with the information illegally obtained. The defendant and his co-conspirators then used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, some of the defendants used the counterfeit cards to purchase gasoline from area gas stations and then re-sold the gasoline for cash.
Quinones was charged along with five others Yasser Carrillo Chartrand, 23, Claudia Diaz Diaz, 21, Yaily Santurio Millian, 31, Jose Valdivia Quinones, 40 and Misael Toledo Rios, 39, all citizens of Cuba legally present in the United States. The fact that a defendant has been charged in an indictment is merely an accusation and the defendant is presumed innocent until and unless proven guilty.The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Michael Cerretto.
Sentencing is scheduled for November 2, 2015 at 12:30 p.m. before Judge Arcara.Lackawanna Man Arrested, Charged with Attempting to Provide Support to IsilRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Arafat M. Nagi, 44, of Lackawanna, NY, was arrested and charged by criminal complaint with attempting to provide material support and resources, namely, personnel, to a foreign terrorist organization, ISIL. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.“Our continuing fight against international terrorism today returns to Western New York,” said U.S. Attorney Hochul. “As alleged, Arafat Nagi pledged allegiance to the Islamic State and the leader of this terrorist organization. After buying military combat gear, he traveled twice to Turkey in an effort to help the group. Thanks to the combined efforts of law enforcement and community members, this defendant is no longer capable of achieving his goal of joining the most despicable group of our time.”
“The FBI has a responsibility to ensure that our law enforcement and intelligence agencies are positioned to identify existing or emerging threats,” said FBI Special Agent in Charge Brian Boetig. “Joint Terrorism Task Forces (JTTF) serve as the national platforms for deterring, detecting, and disrupting terrorist machinations. The JTTF in Buffalo relies on community engagement to gain perspectives on radicalization and to deter recruitment and the spread of radicalization messages. We continue to call upon people to contact law enforcement if they know of someone who has been influenced by ISIL rhetoric on social media – powerful propaganda that calls for followers to commit quick and unpredictable violent acts.”
Assistant U.S. Attorneys Timothy C. Lynch and Joseph M. Tripi, who are handling the case, stated that according to the complaint, on August 28, 2014, a community member advised the Federal Bureau of Investigation that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs.
Further investigation determined that the defendant pledged allegiance to ISIL and the leader of the terrorist group, Abu Bakr al Bagdadi. Investigators learned that the defendant traveled to Turkey on two occasions, in October, 2012 and July 2014 with the intention to meet with members of the group. Evidence revealed that prior to this trip, the defendant purchased a large number of military combat items, including a tactical vest, army combat shirt, body armor, Shahada Flag, combat boots, backpack, burn kit, a hunting knife, machete and night vision goggles.
During follow up interviews in December, 2014 and March 2015, the community member who alerted the FBI regarding Nagi’s actions stated that the defendant still possessed radical political and religious views. According to the individual, Nagi was angry about the killing of rebels in Yemen which he blamed on the United States; pledged an oath to ISIL leaders; expressed agreement with ISIL tactics, including the killing of innocent men, women and children; and planned to travel to Yemen and Turkey again soon.
The complaint is the culmination of an investigation by the Federal Bureau of Investigation Joint Terrorism task Force which includes the Amherst Police Department, the Buffalo Police Department, the U.S. Department of State, the Federal Protective Service, Immigration and Customs Enforcement, Homeland Security Investigations, the Internal Revenue Service, the New York State Police, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, U.S. Border Patrol, U.S. Customs and Border Protection, and U.S. Customs and Border Protection/Air and Marine Branch. Additional assistance was provided by the New York State Attorney General’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Wilson Man Pleads Guilty to Environmental ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kirk Canfield, 54, of Wilson, NY, pleaded guilty to violation of the Bald and Gold Eagle Protection Act before U.S. Magistrate Judge Hugh B. Scott. The charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant operated a produce farm in Wilson, NY. In August 2014, Canfield placed a meat pile that had been mixed with Golden Malrin fly bait at the edge of a cornfield on his farm in an attempt to kill coyotes. The fly bait contained Methomyl, which is an insecticide that is not to be used in a manner in which animals can eat it.
Three juvenile bald eagles died after eating the contaminated meat pile, and on August 22, 2014, the three dead bald eagles were found and photographed in the immediate vicinity of the contaminated meat pile by an individual riding an ATV. Subsequently, Canfield removed the three dead bald eagles from the field and removed the contaminated meat pile. By placing the contaminated meat pile on his field, the defendant acted with wanton disregard for the consequences of his act.
The plea is the result of an investigation by Special Agents of the U.S. Fish & Wildlife Service, under the direction of Special Agent in Charge Honora Gordon and Environmental Conservation Officers with the New York State Department of Environmental Conservation.Sentencing is scheduled for October 2, 2015 at 10:00 a.m. before Magistrate Judge Scott.
Tonawanda Man Indicted for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury returned a six-count indictment charging David Barraclough, 31, of the City of Tonawanda, with five counts of producing and attempting to produce child pornography, and one count of possessing child pornography. The charges carry a mandatory minimum sentence of 25 years in prison and a maximum of 50 years.Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that according to the indictment and a previously filed complaint, in November 2014, the defendant was arrested and detained on a local charge of endangering the welfare of a child. In February 2015, two individuals began cleaning out Barraclough’s apartment so that it could be rented to another tenant. One of the individuals discovered a thumb drive and electronic tablet and turned the items over to police. Subsequently, the Tonawanda Police Department obtained a search warrant for the digital media and the apartment.
A forensic analysis of the thumb drive and tablet revealed 238 images and five videos of child pornography. Also included on the tablet were numerous sexually explicit text conversations. One of the conversations was between Barraclough and a 14 year old girl in Virginia.
The indictment is the culmination of an investigation by the Federal Bureau of Investigation, the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold III, and the of City Tonawanda Police Department, under the direction of Chief William Strassburg.
Syracuse Man Sentenced for Possession of Child PronographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Craig Dattmore, 61, of Syracuse, NY, who was convicted of possession of child pornography, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that in October 2011, the defendant was pulled over for a secondary inspection at the Lewiston Queenston Port of Entry. Dattmore indicated he was refused entry into Canada because of items on his laptop computer. A search of the vehicle the defendant was riding in recovered 17 electronic media storage devices such as hard drives, thumb drives and memory cards. A forensic analysis determined that these devices included a total of 3,942 images of child pornography and 88 videos.
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Rochester Woman Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Iris Diaz, 27, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiring with others to possess with intent to distribute and to distribute 100 grams or more of heroin. The charge carries a maximum sentence of 40 years In prison, a fine of $5,000,000, or both.Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated in January of 2012, members of the Drug Enforcement Administration commenced an investigation into the narcotics trafficking activities of Diaz, Alberto Alfaro, Edwin Rosado, and others. On January 27, 2012, as part of this investigation, law enforcement purchased a gram of heroin from Alfaro during a pre-arranged deal involving a confidential informant. On February 13, 2012 and, again on April 26, 2012, members of law enforcement purchased additional heroin from the organization utilizing undercover police officers. On May 8, 2012, and on May 14, 2012, members of the Drug Enforcement Administration negotiated an additional purchase of heroin from Alfaro. During the negotiation, Alfaro and Diaz agreed that Diaz would be the contact person for the organization during subsequent negotiations for purchases of heroin. A subsequent contact between law enforcement and Diaz occurred on May 14, 2012, at which time Diaz agreed that Alfaro would sell additional heroin to the undercover law enforcement officers on May 15, 2012.
On May 15, 2012, members of the Drug Enforcement Administration met Alfaro in the parking lot of the Walmart retail store located at 1490 Hudson Avenue in the City of Rochester. While there, an undercover law enforcement officer met with Alfaro and told him that he had the agreed upon amount of money. Alfaro then placed a telephone call to another member of the organization. Shortly after, co-defendant Andrea Y. Marrero-Garcia approached Alfaro and the undercover law enforcement officer and provided a blue plastic bag containing two small cardboard boxes, in which officers found heroin. Alfaro and Marrero-Garcia were immediately taken into custody at the scene.
At nearly the same time, members of law enforcement executed court authorized search warrants at multiple locations in the City of Rochester which the investigation revealed were related to the organization. At one of the locations, 852 North Street, law enforcement located drug paraphernalia, including digital scales and packaging materials associated with heroin distribution. At that location, members of law enforcement located and arrested Diaz.
Defendants Rosado and Marrerro-Garcia have been convicted and are awaiting sentencing. Charges are pending against Alfaro. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for October 29, 2015 at 2:00 p.m. before Judge Wolford.
Wheatfield Man Charged with Possession of an Unregistered Destructive DeviceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Michael O’Neill, 45, of Wheatfield, NY, was charged by criminal complaint with possession of an unregistered destructive device. The charge carries a maximum penalty of 10 years in prison and a $10,000 fine.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on July 21, 2015, the Niagara County Sheriff’s Department responded to a call regarding an injury at 6761 Walmore Road in Wheatfield. When emergency crews arrived, they discovered the defendant had a significant injury to his lower leg. Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage where an explosion had occurred.
Officers noticed what appeared to be an area where explosives were being manufactured and explosive powder and BB’s in plain view. The bomb squad discovered what appeared to be seven improvised explosive devices, one was labeled “Powder w/Nails.” Other items discovered included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a box of triple seven pellets and a plastic bottle labeled as triple seven powder.
A subsequent x-ray exam of the device labeled “Powder w/Nails” determined that nails were packed into the device. It was disassembled and found to contain multiple nails, BB’s and suspected flash powder. A check determined that O’Neill does not have any firearms or destructive devices registered under the National Firearms Act.
The complaint is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Wheatfield Man Charged with Possession of an Unregistered Destructive DeviceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Michael O’Neill, 45, of Wheatfield, NY, was charged by criminal complaint with possession of an unregistered destructive device. The charge carries a maximum penalty of 10 years in prison and a $10,000 fine.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on July 21, 2015, the Niagara County Sheriff’s Department responded to a call regarding an injury at 6761 Walmore Road in Wheatfield. When emergency crews arrived, they discovered the defendant had a significant injury to his lower leg. Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage where an explosion had occurred.
Officers noticed what appeared to be an area where explosives were being manufactured and explosive powder and BB’s in plain view. The bomb squad discovered what appeared to be seven improvised explosive devices, one was labeled “Powder w/Nails.” Other items discovered included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a box of triple seven pellets and a plastic bottle labeled as triple seven powder.
A subsequent x-ray exam of the device labeled “Powder w/Nails” determined that nails were packed into the device. It was disassembled and found to contain multiple nails, BB’s and suspected flash powder. A check determined that O’Neill does not have any firearms or destructive devices registered under the National Firearms Act.
The complaint is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Pleads Guilty to Firearms Possession ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Rivera, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of a firearm and ammunition while being a convicted felon. The charge carries a maximum sentence of 10 years In prison, a fine of $250,000.00, or both.Assistant U.S. Attorney Charles E. Moynihan who is handling the case, stated on May 24, 2014, the Rochester Police Department received a 911 call regarding a man pointing a shotgun at someone through the window of a car he was driving in the area of Upper Falls Boulevard and North Clinton Avenue.
Officers responded and saw a car that matched the vehicle description they had been given speeding in the area of Oakman Street. The vehicle was pulled over in the parking lot of a restaurant located on Upper Falls Boulevard at North Clinton Avenue. Rivera jumped out of the car, put his hands in the air and was detained. Officers saw a Winchester 1300 Ranger slide action 12 gauge shotgun in the defendant’s car in between the driver’s seat and the driver’s side door, as well as four shotgun rounds in the cup holder in the center console.
In August of 2007, Rivera was convicted in Livingston County of Burglary in the Second Degree.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division and members of the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for September 29, 2015 at 4:00 p.m. before Judge Wolford.
Guyanese Native Indicted on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today a federal grand jury has returned a two count indictment charging Khamraj Lall, of New Jersey, with possession with intent to distribute, and to distribute, five kilograms or more of cocaine and importation of five kilograms or more of cocaine into the United States. The charges carry a minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the indictment, between December 2013 and February 10, 2015, the defendant conspired to possess and import from Guyana into the United States, five kilograms or more of cocaine. Lall is a pilot and is accused of transporting the cocaine on his flights from Guyana to the United States.Lall was arrested on July 22, 2015 in New Jersey. He made an initial appearance in federal court in the District of New Jersey and is being detained. The defendant will be returned to the Western District of New York at a later date.
Lall’s arrest is connected to the arrest of nine other defendants in February 2015. Edward Mighty, Seymour Brown, Andre Taylor, Ricardo Bailey, Robert Wilson, Kenneth Harper, Desmond Bice, and Christopher, all of Rochester, NY, were charged by criminal complaint with conspiracy to possess with intent to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base, use of a telephone to facilitate drug trafficking distribute marijuana. Defendants Mighty, Brown, Taylor, Wilson, Harper, Bice, and Samuels were also charged with possession of a firearm in furtherance of a drug trafficking crime and conspiracy to possess firearms in furtherance of drug trafficking. In addition, Winifredo Gonzales, of Brooklyn, NY, was charged with conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession of firearms in furtherance of a drug trafficking crime.
According to the complaint, Edward Mighty is one of the leaders of a Rochester-based drug trafficking organization and would obtain kilogram quantities of cocaine from Winifredo Gonzales. The cocaine was transported to Rochester and processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple sellers in the Rochester area.
On February 10, 2015, officers executed a search warrant and arrested Winifredo Gonzales at a residence in Brooklyn. Officers recovered 17 kilograms of cocaine and two handguns, including an UZI 9mm pistol. Officers also seized approximately $70,000 in U.S. currency.
Lall’s indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michael Massey, 35, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of heroin, was sentenced to three years probation by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on September 18, 2012, the defendant sold four grams of heroin for $1,200 to an undercover officer at Massey’s residence on Taunton Place in Buffalo. On September 24, 2012, Massey sold 3.2 grams of heroin to an undercover officer at a residence on Abbotsford Place in Buffalo, in exchange once again for $1,200.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Buffalo Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that John Rickard, 48, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on November 9, 2009, Buffalo Police officers executed a search warrant at the defendant’s residence, located at 254 Laird Avenue in Buffalo. During the search, officers located approximately 96 grams of cocaine, packaging material, approximately $58,307 in United States currency and three firearms. A Buffalo Police canine gave a positive alert for the presence of narcotics on the currency.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Buffalo Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Leroy Weston, 44, of Buffalo, NY, pleaded guilty to conspiracy to possession with intent to distribute and to distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that between January and December 2011, the defendant sold crack cocaine on multiple occasions to a confidential informant working for the Drug Enforcement Administration (DEA). On December 1, 2015, Weston sold crack cocaine to a confidential source working with the Federal Bureau of Investigation (FBI).
The plea is the result of separate investigations by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Federal Bureau of Investigation.
Sentencing is scheduled for October 27, 2015 at 1:00 p.m. before Judge Arcara.Bronx Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Edison L. Lantiqua, of Bronx, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute a kilogram or more of heroin before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.“This particular prosecution closes the pipeline of what can be fairly classified as a major source of heroin into this area,” said U.S. Attorney Hochul. “Without accounting for any further additives, and at a dosage rate of one milligram per use, the seized drugs alone represent six million individual hits. Given the recent reports of overdoses attributable to this drug, today’s conviction also represents a positive step forward in improving the health of our region.”
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on February 6, 2013, co-defendant Juana Diaz delivered six kilograms of heroin from the defendant to a confidential source working with the Drug Enforcement Administration (DEA). Diaz was given what she believed to be $376,000 in United States currency to return to Lantiqua in the Bronx. Diaz was pulled over by the New York State Police and the alleged proceeds were seized. Lantiqua was later arrested by the DEA in the Bronx.
Charges are pending against Juana Diaz. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
Sentencing is scheduled for October 27, 2015 at 1:00 p.m. before Judge Arcara.
Buffalo Man Sentenced on Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Michael Woods, 26, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm, was sentenced to 84 months in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated on March 19, 2012, Woods was riding in a vehicle that Buffalo Police attempted to pull over. Rather than comply with the police request, the vehicle led the officers were on a pursuit. The defendant eventually got out of the vehicle and threw a .45 caliber gun to the ground while attempting to flee the scene. A search of the vehicle uncovered crack cocaine in the back seat of the vehicle where the defendant had been sitting before he fled from the vehicle. As part of his plea, Woods admitted that he possessed the firearm in furtherance of his crack cocaine business.
On May 27, 2013, Buffalo Police again stopped a vehicle Woods was riding in. The defendant got out, threw 9mm gun to the ground and four vials of marijuana while running away from police. He was later apprehended by police officers after a foot chase.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation.Buffalo Man Arrested, Charged with Possession of Child PornogrphyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Daniel Sasiadek, 61, of Buffalo, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that according to the complaint, on July 16, 2015, a search warrant was executed at the defendant’s residence. Law enforcement officers seized a desk-top computer and other forms of digital media including recordable DVD’s and CD’s.The complaint states that during an interview with law enforcement, Sasiadek admitted to occasionally viewing and saving child pornography on his desk-top computer. The defendant also stated that officers might find some old child pornography on the computer and that he deleted a lot of child pornography from the computer many years ago.
A review of one of 536 file folders located on just one of the DVD’s revealed 46 images of child pornography. The graphic images included prepubescent children.
Sasiadek made an initial appearance this afternoon before U.S. Magistrate Judge Hugh B. Scott and is being detained.
If anyone has additional information regarding Sasiadek and the investigation, please call the Federal Bureau of Investigation at 716-856-7800.
The complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Child Exploitation Task Force which includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Pennsylvania Man Arrested, Charged with Production of Child PornogrphyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Thomas Gillespie, 41, of East Brady, PA, was arrested and charged by criminal complaint with production of child pornography. The charge carries a maximum penalty of 30 years in prison and a $250,000 fine.Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, in July and August of 2014, the defendant contacted the 10 year old victim through social media. Gillespie asked the victim to take and send him sexually explicit photos and videos. During the execution of a search warrant at the defendant’s East Brady residence, law enforcement officers recovered three computer hard drives. A forensic analysis of the hard drives recovered over 100 photos and videos of the victim and other victims, known and unknown to law enforcement.
The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Child Exploitation Task Force which includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former Health Care Center Nursing Supervisor Sentenced for Selling Fentanyl and Other Pain KillersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul announced today that Catherine Vitello, 42, of Elma, NY, who was convicted of possession with intent to distribute and distribution of hydrocodone and fentanyl, was sentenced to three years probation to include one year home detention by U.S. District Judge Richard J. Arcara.“As this case demonstrates, high potency and highly dangerous prescription drugs can enter the stream of illegal commerce in a number of ways, including from those in the healing professions,” said U.S. Attorney Hochul. “This Office will continue to prosecute all who traffic in such sometimes lethal substances, regardless of title or position.”
Assistant U.S. Attorney John M. Alsup, who handled the case, stated that the defendant was the Director of Nursing at the St. Catherine Laboure Health Care Center in Buffalo. Vitello sold un-used prescription drugs from her office. These drugs were prescribed for patients but were no longer needed for various reasons, including the death of the patient in some cases. The prescription narcotics included hydrocodone and fentanyl. On at least two separate occasions in October 2013, the defendant sold hydrocodone and fentanyl to a confidential source working with the Drug Enforcement Administration.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Office, the Lackawanna Police Department, under the direction of Chief James Michel, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Former Buffalo Employee Sentenced for Theft of Government FundsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Tasha Collier, 39, of Buffalo, NY, who was convicted of theft and conversion concerning programs receiving federal funds, was sentenced to three years probation and directed to make restitution to the City of Buffalo in the amount of $22,292.50 by Chief U.S. District Judge Frank P. Geraci, Jr.Assistant U.S. Attorney Joseph M. Guerra, who handled the case, stated that the defendant was employed as a clerk in the Licensing Department of the City of Buffalo between July 2013 and August 25, 2014. As part of her duties as a clerk, Collier was responsible for collecting payments in cash and by check for licenses issued by the City of Buffalo. Between September 2013 and August 2014, the defendant stole approximately $22,000 in cash, funds that were supposed to be remitted to the City Treasury Department.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Schuele Boys Gang Drug Supplier Arrested at the Texas-Mexico BorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Julio Contreras, 31, of McAllen, Texas, who was named in a 15 count superseding indictment involving the Schuele Boys Gang, has been arrested by federal law enforcement officers at the Anzalduas Port of Entry in Mission, Texas as he attempted to return to the United States from Mexico. The defendant is charged with racketeering conspiracy, narcotics conspiracy and possession of firearms in furtherance of a drug trafficking crime.U.S. Attorney Hochul made the announcement at the Delavan Grider Community Center, located in the immediate area where the gang’s activities were conducted. The U.S. Attorney spoke to students attending summer camp at the community center, as well as senior citizens. He stated that Buffalo residents are entitled to a safe and healthy environment, and urged the public to continue to report any indications of criminal activity.
Students also heard from a former Schuele Boys Gang associate who was convicted in this case. He shared his experience in the criminal justice system and urged the students to make good, positive choices in their lives.
Assistant U.S. Attorney Wei Xiang, who is handling the latest Schuele Boys case, stated that according to the superseding indictment, Contreras was the main source of supply of cocaine for the Schuele Boys Gang in Buffalo. The gang operated in the Schuele Avenue area of the East Side of Buffalo and is alleged to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
The Government alleges that Contreras supplied the Schuele Boys with upwards of $1,000,000 of cocaine on a monthly basis. In addition, the defendant purchased and built assault rifles in Texas that he then sold or traded to Mexican sources in exchange for cocaine. Contreras traveled to Buffalo on multiple occasions to meet with co-defendants Aaron Hicks and Letorrance Travis. On December 18, 2010, Hicks and the defendant were arrested by police outside a residence belonging to Travis on Courtland Avenue.
A total of 28 defendants have been charged in the case, nine defendants having been convicted to date.The superseding indictment is the culmination of an investigation by Federal Bureau of Investigation Safe Streets Task Force, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the New York State Police, under the direction of Major Michael Cerretto, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Edinboro, Pennsylvania Police Department, under the direction of Chief Jeff Craft, and the Edinboro University Police Department, under the direction of Chief Angela Vincent. Additional assistance was provided by FBI Offices in Texas and Mississippi and U.S. Immigration and Customs Enforcement–Homeland Security Investigations Offices in Texas. The Buffalo FBI Safe Streets Task Force includes the Amherst Police Department; Buffalo Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Erie County Sheriff’s Office; Hamburg Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; and U.S. Immigration and Customs Enforcement–Homeland Security Investigations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Jury Finds Rochester Man Guilty of Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal jury has convicted Arthur Long, 46, of Rochester, NY, of possession with intent to distribute methylone (Ecstasy) and marijuana, using a premises for drug trafficking and possession of a firearm in furtherance of drug trafficking crimes. The drug charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine, the firearm charge carries a mandatory minimum sentence of five years and a maximum sentence of life“This defendant, despite having great talent and a road filled with opportunity, chose instead to hurt the very public who once encouraged his success,” said U.S. Attorney Hochul. “Arthur Long’s drug trafficking activities have taken him from the basketball court to criminal court where he could receive a lengthy jail sentence.”
Assistant U.S. Attorneys Jennifer M. Noto and Robert A. Marangola, who handled the prosecution of the case, stated that in July 2013, the Rochester Police Department conducted an investigation that culminated in the execution of search warrants at the defendant’s home on Chi Mar Drive in Chili, NY. Officers also searched Long’s vehicle, a 1977 Cadillac Eldorado. During the execution of the warrants, investigators recovered ecstasy tablets and capsules containing Methylone, marijuana, an AK-47 rifle and a stolen .45 caliber handgun, along with packaging materials.
During his post arrest interview with investigators, the defendant admitted to selling drugs in the violent open-air drug market on South Plymouth Avenue in the City of Rochester and to possessing the AK-47 and .45 caliber hand gun for protection.
The verdict is the culmination of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Federal Bureau of Investigation.
Sentencing is scheduled for October 13, 2015 at 3:00 p.m. before Chief U.S District Judge Frank P. Geraci, Jr. who presided over the trial of the case.
Canadian Woman Indicted in A Check Kiting SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a five count indictment charging Panagiota Loukisas, 54, of North York, Ontario, Canada, with bank fraud. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the indictment, the defendant opened bank accounts at five banks in Niagara Falls, NY in November 2014. Loukisas deposited checks drawn on a Canadian bank account held by her company, PM Global Consulting Services, into these five accounts. The defendant then withdrew significant sums of money from the Niagara Falls bank accounts before the checks were returned to the banks for insufficient funds. Loukisas is accused of fraudulently depositing non-sufficient fund checks valued at more than $83,000 and withdrawing more than $52,000 from the accounts before the scheme was discovered.
The defendant will be arraigned July 22, 2015 at 2:00 p.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The indictment is the culmination of an investigation by Special Agents of the Immigration & Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Police Officer Indicted on Civil Rights ViolationsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a two count indictment charging Robert Eloff Jr., 40, of Buffalo, NY, with deprivation of rights under color of law and conspiracy to deprive an individual of rights under color of law. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.U.S. Attorney Joseph M. Guerra, who is handling the case, stated that the defendant is charged in connection with an incident at Molly’s Pub in Buffalo in 2014.
According to the indictment and a complaint filed earlier in the case, in the early morning hours of May 11, 2014, William Sager was pushed down a flight of stairs at Molly’s Pub by Jeffrey Basil. Sager later died of his injuries and Basil was convicted in state court of murder. At the time Sager was pushed by Basil, Eloff was in Molly’s Pub working security for the bar.
A victim identified as D.H. was with William Sager the night he was pushed down the stairs. The complaint states that D.H saw people carry Sager outside after he fell down the stairs. When the victim went outside, Sager was propped up, sitting the on the ground. As he was asking officers what happened, Eloff grabbed D.H. and told him to get out of there. The victim then walked away and called 911. When other officers arrived, the victim asked for Eloff’s name and badge number at which point he was arrested and handcuffed by Eloff and seated next to Sager. D.H. was later taken from the scene by other officers. According to the complaint, Eloff told officers that D.H. had physically interfered with Eloff and others inside the bar. A later review of surveillance video from Molly’s Pub revealed that the victim never confronted or was physical with Eloff in the bar. According to the complaint, Eloff caused D.H. to be arrested for trespassing, a crime he never committed. During the incident Eloff also handcuffed William Sager and attempted to arrest him. The indictment alleges that Eloff conspired with another person to arrest DH and Sager for crimes they did not commit.
The indictment is the culmination of an investigation by Federal Bureau of Investigation and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Radiologist Pleads Guilty to Defrauding Health Insurance ProgramsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Thomas F. Stephenson, MD, 72, of Rochester, NY, pleaded guilty to committing health care fraud before U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.Assistant U.S. Attorney John J. Field, who is handling the case, stated that Stephenson, a radiologist, owned and operated Westside Imaging in Rochester. From January 2007 to April 2010, the defendant engaged in a scheme to defraud Excellus Health, MVP Health and Medicare by double-billing certain x-rays. In total, Stephenson fraudulently sought reimbursements of approximately $135,961.77.
“It is an unfortunate fact that fraud directed at our health care system results in greater costs for everyone, including taxpayers,” said U.S. Attorney Hochul. “As this case demonstrates, law enforcement will vigorously investigate such fraud and will prosecute anyone – including doctors – found to have perpetrated the crime.”
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation.
Sentencing is scheduled for November 6, 2015, at 3:00 p.m. before Judge Geraci.
Buffalo Woman Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Latifah Donaldson, 23, of Buffalo, NY, pleaded guilty to maintaining a drug involved premises before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the prosecution, stated that between January 2013 and April 3, 2013, the defendant allowed her co-defendants to utilize her apartment, which was located on the grounds of the Perry Housing Projects, to manufacture, possess and distribute crack cocaine. As part of this conspiracy, a co-defendant maintained several locations on the grounds of the Perry Housing Projects in Buffalo, including Donaldson’s apartment.On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.
Donaldson was arrested in April 2013 along with 11 others. Defendants Melvin Tucker, Nannette Brown, Brandon Atkins, Eric Ross, David Varner, Phayon Redmond, Tashawn Gay, and Tara Robinson have also been convicted. Charges are pending against Tyshawn Bradley and Dallas McLamore. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
“As this case demonstrates, even allowing your home to be used by drug traffickers exposes a person to arrest and jail,” said U.S. Attorney Hohcul. “This office will continue to prosecute all involved in hurting our community through narcotics trafficking or violence.”
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for October 27, 2015 at 2:00 p.m. before Judge Skretny.
Buffalo Man Pleads Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Deandre Sparks, a/k/a Dee Dee, 24, of Buffalo, who was convicted of possession with intent to distribute, and distribution of crack cocaine, was sentenced to time served (16 months) by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between June 2013 and February 25, 2014, the defendant possessed and distributed crack cocaine. Specifically, on February 12, 2014, Sparks gave crack cocaine to a co-defendant, who then distributed the drugs to a confidential source working for the Federal Bureau of Investigation.
The plea is the culmination of an investigation by the Federal Bureau of Investigation.Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Troy Cooley, 52, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, before U.S. Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to buy and sell crack cocaine in the City of Buffalo.
Also charged in this case are co-defendants Anthony McCutcheon, Troy Cooley, Deandre Sparks, William Jefferson, Markiel Hall, Morrell Buster, Alicia Maghett and Carmella Rivera. Sparks, Hall, Maghett, and Owens have also been convicted. Charges are pending against McCutcheon, Jefferson, Buster, and Rivera. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Federal Bureau of Investigation and the Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for October 27, 2015 at 11:00 a.m. before Judge Skretny.
Watertown Man Pleads Guilty to Marriage FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jasvir Kumar, 45, of Watertown, NY, pleaded guilty to conspiracy to commit marriage fraud, before U.S. District Judge Arcara. The defendant was also sentenced to time served (seven months) in prison.Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that Kumar, a native and citizen of India, came to the United States on a non-immigrant tourist visa on March 27, 2008. After overstaying his visa and remaining in the U.S. illegally, the defendant conspired with Suhkvinder Chhokar, a naturalized U.S. Citizen, also of Watertown, to marry a U.S. Citizen. This would allow Kumar to apply for lawful permanent resident status. Kumar and Chhokar paid the citizen $10,000.00 to get married and file the paperwork with U.S. Immigration Citizenship and Immigration Services (USCIS).
The defendant submitted staged photos and false affidavits to support his fraudulent marriage claim. When Kumar appeared with his “wife” in the Buffalo USCIS office on December 3, 2014 for a green card interview, his “wife” admitted to the fraudulent marriage. The defendant was immediately arrested and detained. Kumar was ordered deported from the U.S. at an immigration hearing on February 24, 2015.
Charges are pending against co-defendant Suhkvinder Chhokar. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by U.S. Citizenship and Immigration Services, Fraud Detection and National Security Unit, under the direction of District Director Edward Newman and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.Former Rochester Tax Preparer Pleads Guilty to Preparing False ReturnsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jason R. Pastore, 34, formerly of Rochester, NY, pleaded guilty to preparing false tax returns, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of three years in prison and a $250,000 fine.Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated the defendant operated a tax return business known as JRP Tax Consultants in Rochester. Pastore, without the knowledge of clients, prepared fraudulent federal income tax returns. Specifically, the defendant reported false charitable contributions and un-reimbursed employee expenses on Schedule A, and false business deductions on Schedule C. As a result, clients received tax refunds to which they were not entitled.
For the tax years, 2008, 2009, and 2010, Pastore prepared approximately 234 fraudulent returns which resulted in the Internal Revenue Service paying more than $400,000 in tax refunds to which the clients were not entitled. The defendant also prepared and filed fraudulent tax returns for himself during the same time period.
The plea is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for November 9, 2015, at 10:30 a.m. before Judge Wolford.Buffalo Man Sentenced for Structuring Financial TransactionsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Abdo Nagi Fadel, 66, of Buffalo, NY, who was convicted of structuring currency transactions to evade reporting requirements, was sentenced to eight months in prison by U.S. District Court Judge Richard J. Arcara.Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that in 2009, the defendant, an employee of a family owned retail business with check cashing operations, was suspected of structuring currency transactions in order to evade reporting requirements mandated by the United States Secretary of the Treasury. In November and December 2009, law enforcement officials from United States Customs and Immigration Enforcement organized and executed an undercover operation in which Fadel agreed to cash a $28,000 check and structure cash payments back to an undercover agent who claimed that he was attempting to avoid paying child support. In exchange, the defendant received a $2,100 commission.
The sentencing is the culmination of an investigation on the part of Special Agents with Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Buffalo Man Indicted for Drug-Related MurderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a three count indictment charging Taire Chaney, 23, of Buffalo, NY, with narcotics conspiracy, discharge of firearm in furtherance of drug trafficking, and discharge of firearm causing death in furtherance of drug trafficking. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $1,500,000 fine.Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, Chaney participated in a drug trafficking conspiracy involving cocaine and crack cocaine. On February 29, 2012, in furtherance of that conspiracy, the defendant participated in the shooting murder of Brad Daniels.
“This represents the third cold case murder charged this week,” said U.S. Attorney Hochul.
The indictment is the result of an investigation into drug trafficking at the Perry Housing Projects in Buffalo. Chaney is the 13th defendant to be charged in the case. A total of six defendants have been convicted.The defendant will be arraigned before U.S. Magistrate Judge Hugh B. Scott on July 28, 2015, at 10:00 a.m.
Today’s indictment is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. The Safe Streets Task Force partner agencies include the Amherst Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Cheektowaga Police Department; Erie County Sheriff’s Office; Hamburg Police Department; Lancaster Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; U.S. Border Patrol; and U.S. Immigration and Customs Enforcement–Homeland Security Investigations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Arrested, Charged with Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Isaiah J. Brown, 27, of Buffalo, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on July 9, 2015, Brown entered the First Niagara Bank at 2853 Delaware Avenue in Kenmore, NY. The defendant approached the teller and asked to exchange a one dollar bill. After receiving four quarters, Brown handed the teller a note that stated “This is a robbery Give me all your $20, $50, $100 I do have a gun!!” The teller provided the defendant with a specific amount of money.
Brown, who was described as wearing a curly light brown wig, black zip up hoodie, and sunglasses, left the bank and go into a Liberty Cab. A witness at the scene called law enforcement who contacted Liberty Cab. The cab company located the vehicle through global positioning satellite (GPS) and assisted in leading officers to the location of the cab.
A vehicle stop was conducted and the defendant was detained. According to the complaint, officers located a wig, money band and U.S. currency inside the vehicle.
Brown made an initial appearance this afternoon before U.S. Magistrate Judge Hugh B. Scott and being held pending a detention hearing on July 16, 2015.
The criminal complaint is the result of an investigation by the Kenmore Police Department, under the direction of Chief Peter Breitnauer and the Federal Bureau of Investigation.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Union Employee Sentenced for Theft from Health Care FundRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Paul Harnas, Jr., 30, of Elmira, NY, who was convicted of conspiring to defraud the Plumbers & Steamfitters Local 267 Insurance Fund, was sentenced to three years of supervised release by Chief U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution totaling $23,445 and perform 100 hours of community service. In addition, Harnas was directed to pay a 25% penalty on the fraudulently-obtained money to the Local 267 Insurance Fund.Assistant U.S. Attorney John J. Field, who handled the case, stated that Harnas created fake invoices for dental services that were never provided to him. The defendant then used the invoices to support false claims for reimbursement from the Local 267 Insurance Fund. Harnas also assisted others, including Jared Stevens, Gregory Haller and others who were involved in the scheme, by providing them with fake invoices. In total, Harnas and his co-conspirators fraudulently induced the Local 267 Insurance Fund to pay them $49,502.51 using this scheme.
Jared Stevens and Gregory Haller have been convicted and are awaiting sentencing.
The sentencing is the culmination of an investigation by Special Agents of the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office, and the New York State Department of Financial Services, Frauds Bureau, under the direction of Superintendent Benjamin Lawsky.
Four Leaders and Members of the Schuele Boys Gang Charged for Their Involvement in 15 Years of Drug Trafficking and Violence Including Two MurdersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a 15 count superseding indictment charging four members of the Schuele Boys Gang with various murder, racketeering conspiracy, drug trafficking and gun charges involving the shooting deaths of two individuals.“While nothing can restore a homicide victim to his family, today’s indictment at least provides answers to two families whose loved ones were murdered,” said U.S. Attorney Hochul. “As alleged, this gang not only committed murder, it filled the streets of a city neighborhood with other crimes of violence, guns and drugs. As we have said in the past, law enforcement will simply not allow a gang to hold a community hostage.”
Aaron Hicks, Marcel Worthy, Roderick Arrington and Letorrance Travis, all of Buffalo, NY, are charged with racketeering conspiracy, narcotics conspiracy and possession of firearms in furtherance of a crime of violence and drug trafficking crime. In addition, defendants Worthy and Arrington are charged with murder in aid of racketeering activity and discharge of a firearm in furtherance of a crime of violence. Arrington is also charged with attempted murder in aid of racketeering activity, possession of heroin with intent to distribute, maintaining a drug involved premises, and possession of a firearm by a convicted felon.
Defendants Hicks and Travis face a mandatory minimum 10 years in prison with a maximum of life if convicted. Defendants Worthy and Arrington face mandatory life in prison.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the superseding indictment, between 2000 and 2015, the defendants were leaders and members of the Schuele Boys Gang, which operated in the Schuele Avenue area of the East Side of Buffalo. The gang is alleged to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
On December 17, 2006, defendant Worthy and others confronted a group of teenagers at a gas station at Grider Street and East Delavan Avenue in Buffalo, in the neighborhood controlled by the Schuele Boys. Worthy and the others asked them if they were members of the Chelsea Boys, a rival gang, but they were not. A short time later, Worthy and the others drove by the same group of teenagers who were in the vicinity of 82 Durham Avenue and shot and killed 16 year old Kevin Gray.
On August 30, 2012, defendant Arrington shot and killed Quincy Balance in the vicinity of Northland and Stevens Avenues in Buffalo, a neighborhood also controlled by the Schuele Boys. Defendants Hicks, Worthy, Arrington and others believed that victim Quincy Balance was involved in the shooting death of a Schuele Boys associate four days earlier on August 26, 2012.
The superseding indictment further states that on November 6, 2011, law enforcement officers seized 24 kilograms of cocaine and $170,000 in cash from defendant Travis and others. The cocaine was estimated to be worth nearly $1,000,000.
A total of 27 defendants have been charged in the case, to date nine have been convicted.
The superseding indictment is the culmination of an investigation by Federal Bureau of Investigation Safe Streets Task Force, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the New York State Police, under the direction of Major Michael Cerretto, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Edinboro, Pennsylvania Police Department, under the direction of Chief Jeff Craft, and the Edinboro University Police Department, under the direction of Chief Angela Vincent. The FBI Safe Streets Task Force includes the Amherst Police Department; Buffalo Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Cheektowaga Police Department; Erie County Sheriff’s Office; Hamburg Police Department; Lancaster Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; U.S. Border Patrol; and U.S. Immigration and Customs Enforcement–Homeland Security Investigations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Woman Sentenced for False Passport ApplicationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced that Jennifer Gilbert, 47, of Rochester, NY, who was convicted of fraudulently obtaining a U.S. Passport by making false statements in the passport application, was sentenced to five years probation to include six months home detention by Chief U.S. District Judge Frank P. Geraci. The defendant will also have to perform 100 hours of community service.Assistant U.S. Attorney John J. Field, who handled the matter, stated that Gilbert applied for a passport in 2007 using the name and identification of another individual, Lena B.W. Years later, in May 2014, Lena B.W. applied for a passport for herself. Lena B.W.’s application triggered a review of the 2007 application that defendant had submitted, and resulted in defendant’s fraud being discovered.
The sentencing is the culmination of an investigation by Special Agents from the United States Department of State, under the direction of Special Agent in Charge William Ferrari.
Rochester Man Pleads Guilty to Enticing A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Roger Eric Powell, 48, of Rochester, NY, pleaded guilty to enticement of a minor using a means and facility of interstate commerce before U.S. District Judge Elizabeth Wolford. The charge carries a minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine.Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that between January 2014 and January 2015, Powell used the Internet and a cellular telephone to communicate with a female who was under the age of 14 to entice the minor to engage in sexual activity with him. Specifically, the defendant used Facebook messenger to engage in sexually explicit chats with the minor. The communications led to Powell meeting with the minor to engage in sexual activity.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
Sentencing is scheduled for October 6, 2015 at 1:30 p.m. before Judge Wolford.
Former Bank Vice President Pleads Guilty to Financial Institution FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michael Whipple, 43, of Williamsville, NY, pleaded guilty to financial institution fraud before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum sentence of 30 years in prison of 30 years and a fine of $1,000,000.“This represents one of the largest fraud schemes in recent years,” said U.S. Attorney Hochul. “A multi-million dollar fraud scheme such as this has the potential to harm more than just the immediate victim of the crime. It also affects the greater community. In this case, thanks to the actions of both the bank and law enforcement, this defendant will not be in a position to commit further crimes in the foreseeable future.”
Assistant U.S. Attorney Trini Ross, who is handling the case, stated that between 2008 and November 2013, Whipple, an M&T Bank Vice President, devised a scheme to defraud the bank involving creation and origination of fraudulent “funding loans.” These loans were created in the names of entities which were credit worthy, or made by the defendant to appear credit worthy. The proceeds were then given to entities of Whipple’s choosing.
As part of the scheme, Whipple forged signatures on loan documentation related to the origination of many of the “funding loans” and had mail diverted to locations other than the credit worthy clients’ addresses to avoid detection. When customers questioned the defendant regarding irregularities in their loan accounts, Whipple told them it was a mistake or a bank error and promised to correct the problem. These problems were never corrected as the defendant stated they would be and he subsequently covered the irregularities up through the creation of new funding loans.
In addition, the defendant caused official checks drawn on M&T Bank to be created to fund the fraudulently originated loans. The proceeds of the fraudulent loans were used to make payments on the fraudulent loans in order to avoid detection by M&T Bank and the customer whose credit was utilized for funding and to divert funds to other business banking customers who likely would not have credit qualified for funding.
At the time the scheme was discovered, there were at least 12 funding loans fraudulently created by Whipple. As a result of the defendant’s actions, M&T Bank suffered a loss of $5,332,397.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for October 7, 2015 at 10:00 a.m. before Judge Wolford.
Buffalo Man Pleads Guilty to Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michael Lamacchia, 48, of Buffalo, N.Y., pleaded guilty to theft of mail before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $5,000 fine.Assistant U.S. Attorney Trini E. Ross stated that the defendant, who worked as a mail carrier for the U.S. Postal Service, took a letter containing New York State Safety Inspection Certificate stickers and used the stickers on vehicles owned by him or members of his family. Lamacchia did so in order to avoid having the vehicles inspected or repaired to pass inspection.
The plea is the culmination of an investigation by Special Agents of The United States Postal Service, Office of the Inspector General, under the direction of Monica Weyler.
Sentencing is scheduled for October 7, 2015 at 11:00 a.m. before Judge Wolford.
Former Hell’s Angels Associate Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Timothy M. Stone, 35, of Gates, NY, pleaded guilty to being an accessory after the fact to an assault with a dangerous weapon in aid of racketeering before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison and a $125,000 fine.Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that in the late night hours on May 31, 2006, a male patron at Spenders Bar in Rochester, NY, was assaulted with a baseball bat. At the time, the bar was equipped with interior surveillance cameras that recorded the area where the assault occurred. The surveillance recordings were stored on a computer hard drive. In the early morning hours on June 1, 2006, Stone – knowing that others had committed the assault with the baseball bat in aid of racketeering – went to Spenders, forcibly removed the hard drive, and took it from the bar. Stone later destroyed the hard drive and the baseball bat used to commit the assault to assist the perpetrators of the assault in order to prevent their apprehension by the police.
This plea is part of a larger investigation that, in February 2012, resulted in the indictment of 10 Hell’s Angels members and associates on charges of drug trafficking, racketeering and accessory offenses. To date, two other defendants – Richard E. Riedman and Paul Griffin – have been convicted of narcotics conspiracy charges. Hell’s Angels members James H. McAuley, Jr., and Robert W. Moran, Jr., along with Gina Tata, are currently charged with the assault with a dangerous weapon in aid of racketeering in connection with the assault at Spenders Bar.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesowrth, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for October 13, 2015, at 10:30 a.m. before Judge Siragusa.
Two Schuele Boys Gang Associates Plead Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that two Schuele Boys Gang associates pleaded guilty before U.S. District Judge Richard J. Arcara. Benjamin Peoples, aka Beans, 26, of Buffalo, NY, pleaded guilty to conspiracy to distribute cocaine which carries a penalty up to 20 years in prison and a $1,000,000 fine. Shawntorrian Travis, 35, also of Buffalo, pleaded guilty to conspiracy to distribute marijuana. That charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 2014, Peoples purchased cocaine from co-defendant Michael Robertson which he then re-sold in the Buffalo area. Travis sold marijuana to co-defendant Damario James for redistribution.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Peoples and Travis were arrested along with 14 other Schuele Boys Gang members and associates in July 2014. To date, nine of the defendants have been convicted. On March 24, 2015, an additional seven members and associates were indicted. Four other Schuele Boys members were indicted separately.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Shawntorrian Travis will be sentenced on October 14, 2015 at 1:00 p.m. Peoples sentencing is scheduled for October 26, 2015 at 1:00 p.m., both before Judge Arcara.
Niagara Falls Man Pleads Guilty to Child Pornography Charge and Violating Supervised ReleaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michael Weaver, 39, of Niagara Falls, NY, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara. The defendant also pleaded guilty to violating the terms of his supervised release. The charges carry a minimum penalty of 10 years in prison, a maximum of 20, and a $250,000 fine.
Assistant U.S. Attorney Carol G. Bridge, who is handling the case, stated that Weaver was previously convicted in October 2007 of possession of child pornography for being in possession of approximately 16,000 images and 153 videos of child pornography. The defendant was sentenced to 78 months and five years supervised release. Weaver was released and placed on supervised release on August 30, 2013.One condition of his supervised release prevented the defendant from possessing cellular telephones without the authorization of the U.S. Probation Department. On December 16, 2014, during a routine visit, probation officers found Weaver had two unauthorized cellular telephones. The defendant admitted that he got the phones in order to download images of child pornography. A forensic examination found that the phones contained 1500 images and 20 videos of child pornography. Many of the images were of prepubescent children under the age of 12 that depicted violence between adults and the children.
The plea is the result of an investigation by United States Probation Department, under the direction of Anthony SanGiacomo and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Sentencing is scheduled for October 14, 2015 at 12:30 p.m. before Judge Arcara.
Williamsville Man Sentenced on Tax Fraud ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Carlo J. Marinello, Jr., 69, of Williamsville, NY, who was convicted after a jury trial of one count of obstructing and impeding the due administration of the Internal Revenue Code, four counts of failing to file personal income tax returns, and four counts of failing to file corporate tax returns with the Internal Revenue Service, was sentenced to 36 months in prison by Senior U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay $351,763.08 in unpaid taxes.Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Marinello was the manager and owner of Express Courier Group/Buffalo Inc. (“Express Courier”), a corporation formed to commercially transport letters and documentation between businesses in New York and businesses in Canada. The business earned hundreds of thousands of dollars in revenues but the defendant failed to file tax returns for the company or personal tax returns for earned income.
According to the Government’s evidence, Marinello hid the income and obstructed and impeded the due administration of the Internal Revenue Code by: (1) failing to maintain corporate books and records for Express Courier; (2) failing to provide his accountant with complete and accurate information related to the defendant’s personal income and the income of Express Courier; (3) destroying, shredding and discarding business records of Express Courier; (4) cashing business checks received by Express Courier for services rendered; (5) hiding income earned by Express Courier in personal and other non-business bank accounts; (6) transferring assets to a nominee; (7) paying employees of Express Courier with cash; and (8) using business receipts and money from business accounts to pay personal expenses, including the mortgage for the residence in which the defendant resided and expenses related to care for Marinello’s mother care at a senior living center.Although required to do so, Marinello failed to file personal income tax and corporate tax returns for tax years 2005, 2006, 2007 and 2008.
The sentencing is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen, New York Field Office.
Virgin Islands Man Sentenced on Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Kevin Liburd, 41, of St. Thomas, Virgin Islands, who was convicted of conspiracy to defraud the United States, was sentenced to time served (eight months) by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on January 27, 2011, the defendant, along with co-defendants Mica Donadelle and James Phillips, conspired to avoid the detection of $162,300 at the Buffalo Niagara International Airport. Phillips, an airport employee at the time, bypassed screening procedures and stored the money in an airport bathroom which was later picked up by Liburd.
Phillips has been convicted and is awaiting sentencing. Charges are still pending against Donadelle. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.The sentencing is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation.
Two Rochester Men Arrested on Child Exploitation ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Matthew DiFlorio, 28, and Faycal Taouzinet, 26, both of Rochester, N.Y., were arrested and charged by criminal complaint with enticement of a minor using a means and facility of interstate commerce. The charge carries a minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine. Taouzinet is also charged with production of child pornography which carries a minimum penalty of 15 years in prison, a maximum of 30, and a $250,000 fine.Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, in June 2015, the mother of a 13 year-old minor advised the Rochester Police Department that her child had been communicating with two men. According to the mother, DiFlorio was working as a Lifetouch school photographer and the mother had, at one point, attempted to communicate with DiFlorio to tell him to stay away from her child. According to the minor, the minor had communicated with the defendant using the application “Kik” and ended up meeting him in February 2015.
After taking over the minor’s phone, law enforcement officers received a text message from DiFlorio on June 22, 2015. Assuming the minor’s identity, an officer engaged in texts with the defendant and arranged for a meeting to occur on June 23, 2015, at a local fast food restaurant. DiFlorio arrived at the meeting and was confronted by law enforcement officers.
As to defendant Taouzinet, the mother told law enforcement officers that Taouzinet worked as a clerk at a local store. Officers reviewed the minor’s phone and uncovered texts between the minor and the defendant to include sexually explicit chats. Some chats involved the minor sending sexually explicit pictures to Taouzinet.
An officer, assuming the minor’s identity once again, engaged in texts with Taouzinet and arranged for a meeting on June 22, 2015. The defendant did not show up at the arranged time but texted later and asked to meet. Taouzinet was observed by law enforcement officers later on that date and was arrested.
DiFlorio and Taouzinet made an initial appearance today before U.S. Magistrate Judge Marian W. Payson. They are being held pending a detention hearing on July 2, 2015 at 11:00 a.m. and 2:00 p.m. respectively.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement, Homeland Security Investigations with additional assistance provided by the Greece Police Department and the Monroe County District Attorney’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Tonawanda Woman Sentenced for Defrauding Elderly VeteranRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kathy Oertelt, 32, of Tonawanda, NY, who was convicted of mail fraud, was sentenced to 18 months in prison by Senior U.S. District Judge William M. Skretny, to mail fraud.Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between April and October 2013, Oertelt, who was employed as a health care provider for an 87-year old legally blind veteran, used the veteran’s signature stamp without his knowledge or permission to issue checks to herself totaling approximately $20,000. The defendant also obtained blank checks from an account the veteran had at the Navy Federal Credit Union in Vienna, Virginia. Oertelt wrote checks to herself on that account totaling approximately $54,000, and used the funds to purchase a 2008 Ford Expedition and a 2001 Suzuki SSXR motorcycle and to fund her gambling habit.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent in Charge Jeffrey G. Hughes, and the United States Secret Service, under the direction Special Agent in Charge C. Todd Laster.Tonawanda Woman Sentenced for Defrauding Elderly VeteranRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kathy Oertelt, 32, of Tonawanda, NY, who was convicted of mail fraud, was sentenced to 18 months in prison by Senior U.S. District Judge William M. Skretny, to mail fraud.Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between April and October 2013, Oertelt, who was employed as a health care provider for an 87-year old legally blind veteran, used the veteran’s signature stamp without his knowledge or permission to issue checks to herself totaling approximately $20,000. The defendant also obtained blank checks from an account the veteran had at the Navy Federal Credit Union in Vienna, Virginia. Oertelt wrote checks to herself on that account totaling approximately $54,000, and used the funds to purchase a 2008 Ford Expedition and a 2001 Suzuki SSXR motorcycle and to fund her gambling habit.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent in Charge Jeffrey G. Hughes, and the United States Secret Service, under the direction Special Agent in Charge C. Todd Laster.Tonawanda Man Sentenced for Cocaine and Marijuana TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Richard Himbury, 43, of Tonawanda, NY, who was convicted of conspiring to distribute over 15 kilograms of cocaine and 450 kilograms of marijuana, was sentenced to 121 months in prison by District Judge Richard J. Arcara.Assistant U.S. Attorney Edward H. White, who handled the case, stated that between January 2010 and December 9, 2011, the defendant conspired with James Leon, Ricardo Garza, Daniel Garza and others, to distribute cocaine and marijuana. Ricardo Garza supplied the drugs to James Leon who then redistributed them to Himbury and others.
On November 15, 2011, the Drug Enforcement Administration seized approximately eight kilograms of cocaine and 100 pounds of marijuana from Himbury’s residence on St. Amelia Drive in Tonawanda. The seizure followed a vehicle pursuit of Himbury by federal agents on Route 20-A in Wales, NY. There, agents recovered four ounces of cocaine which Himbury threw out his car window during the chase.
James Leon, Ricardo Garza, and Daniel Garza have been convicted.
The sentencing is the result of a joint and continuing investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, Investigators from the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lockport Police Department, under the direction of Chief Lawrence Eggert, the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, the Amherst Police Department, under the direction of Chief John Askey, the Erie County Sherriff’s Department, under the direction of Sheriff Timothy Howard, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Cattaraugus County Sherriff’s Department, under the direction of Sheriff Timothy Whitcomb and the Southern Tier Regional Drug Task Force.
Georgia Man Sentenced for Fraudulently Obtaining Title Ii Child Insurance BenefitsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Donald Hargrave, 62, of Douglasville, GA, who was convicted of unlawfully receiving Title II Child Insurance Benefits, was sentenced to two years probation by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $39,124 in restitution.Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between May 2012 and July 2013, while living in Buffalo, the defendant received Title II Child Insurance Benefits from the Social Security Administration but did not use the benefits to support his son. Hargrave received a total of $39,124 to which he was not entitled.
The sentencing is the result of an investigation by the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent in Charge Edward J. Ryan.
Buffalo Woman Sentenced on Drug Conspiracy ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Fannie Long, 53, of Buffalo, NY, who was convicted of conspiracy to distribute fentanyl, was sentenced to 96 months in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between January 2009 and September 26, 2013, the defendant conspired with co-defendant Sherylrica Quisenberry to distribute controlled substances. Long obtained fentanyl prescriptions from medical professionals which were then filled and sold by the defendant. In addition, Long obtained fraudulent prescriptions which were not written by medical professionals. The prescriptions were made out in the names of individuals engaged by the defendant. These individuals would fill the fraudulent prescriptions and then turn the controlled substances over to Long for further distribution. The controlled substances included Lortab, Xanax and Soma.
Similar charges are pending against Sherylrica Quisenberry. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Tonawanda Woman Sentenced for Fraudulently Obtaining Ssi BenefitsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tracy Anderson, 43, of Tonawanda, NY, who was convicted of unlawfully receiving supplemental security income, was sentenced to three years probation by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $11,726 in restitution.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between December 1, 2012 and February 1, 2014, the defendant received Supplemental Security Income benefits on behalf of her disabled son when in fact, the child was not living with her. Anderson received a total of $11,726 to which she was not entitled.
The sentencing is the result of an investigation from the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent in Charge Edward J. Ryan.