Western District of New York
Press releases recorded for this federal judicial district.
Jamestown Mancharged with Making False Statements to the FbiRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Tyrell Fuqua-Hayes, 38, of Jamestown, NY, was arrested and charged by criminal complaint with making false statements and representations. The charge carries a maximum penalty of five years and a $250,000 fine.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, in January 2015, Hayes alleged that he met a man who was arrested in another federal case while they were in custody together at the same jail. The defendant claimed that the man provided him with contact information and advised Hayes that he would be reaching out to him.
The complaint further states that in May 2015, Hayes advised the Federal Bureau of Investigation that he was receiving text messages from the man he met in jail indicating that the man wanted to pay the defendant $5000 to kill witnesses in that man’s case. The complaint also states that Hayes later admitted he created the text messages himself and that lied about the recent conversations between the man and himself.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Rochester Police Department, the Monroe County Sheriff’s office and 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.U.S. Attorney’s Office Partners with Buffalo Schools, Buffalo Police and Stop the Violence Coalition as Students Pledge to Take A Stand Against ViolenceRead 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 students across the City of Buffalo are taking a stand against violence and promoting peace.
The U.S. Attorney’s Office is partnering with the Buffalo School District, Buffalo Police and the Stop the Violence Coalition for Peace Pledge Day. Students in grades Kindergarten through 12 are signing a Peace Builder’s Pledge or taking part in some other anti-violence activity.
“All residents in our community, including the very youngest, are entitled to life, liberty and the pursuit of happiness,” said U.S. Attorney Hochul. “These students today, from the young five year old kindergartener to the 17 year old high school senior, are taking the brave step of saying no to guns and yes to peace; no to drugs and yes to good choices; and no to bullying and yes to tolerance.”
U.S. Attorney Hochul, along with Buffalo Schools Associate Superintendent of Student Support Services Will Keresztes, Buffalo Police Chief Kim Beaty and Stop the Violence Coalition President Murray Holman visited Riverside High School. Students there designed, produced and sold non-violence buttons that read “NO H8,” “no room in my heart for VIOLENCE,” NO HATE,” and “NO HATE JUST LOVE.” Proceeds from the button sale are being donated to the Stop the Violence Coalition.
Peace Week events at Riverside also included a random acts of kindness day and wear olive green to symbolize peace day. Student Aubrey Heske stated “Friday is our Spread Positive Messages Day that was inspired by the positive post-it notes movement and the “You are beautiful” billboards across Western New York.
The U.S. Attorney, Superintendent, Chief and Mr. Holman also visited PS #97 where students in grades K-12 signed a peace pledge vowing to honor the pledge and make our community safer for all.
U.S. Attorney Hochul further stated “Each of these students has the power within them to be a peacemaker. I commend them for taking this stand because, even at their age, such actions will go a long way in having a positive impact in our community.”
Spencerport Teacher Indicted for Online EnticementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Charles Kane, 46, of Spencerport, NY, with attempted online enticement of a minor. The charge carries a mandatory minimum penalty of 10 years, a maximum of life, a $250,000 fine or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant was arrested April 2, 2015 as he attempted to meet with a person he thought was a 14 year old girl. Kane, a middle school teacher in the Hilton School District, had in his possession a box of condoms and a tube of lubricant.
The investigation determined that in October 2014, the defendant posted an ad on Craigslist which read “daddy/daughter. Love younger women.” A federal law enforcement officer, working in an undercover capacity, posed as the father of a young daughter and conversed with Kane online for the next several months. During these conversations, Kane discussed traveling to meet the undercover and engaging in sexual activity with his ten year old daughter.
On January 26, 2015, another undercover officer noticed a different sexually explicit ad on Craigslist which was traced back, once again, to the defendant. The officer responded to the ad in the persona of a 14 year old girl. Kane responded that he was “down with it.” The defendant asked the girl where she lived and said he wanted to meet her. The two remained in contact through March of 2015. During online chats, Kane sent the undercover officer photos of himself, including one he took in the men’s room at the Middle School where he taught, and repeatedly asked for photos of the 14 year old girl. Also during the chats, the defendant repeatedly discussed engaging in sexually explicit activity with the child and traveling to and meeting with the child for sexual purposes. One message read “I could get a room and I could sneak you there.” Kane acknowledged that he could get in “big trouble” and told the girl “this is between you and me.”
Following repeated requests, the girl agreed to meet the defendant at a theatre in Webster on April 2, 2015. The defendant was observed entering a pharmacy just before meeting with the undercover, where they learned that Kane purchased a box of ribbed condoms. Kane was arrested as soon as he pulled up to the theatre parking lot. He has been in federal custody since his arrest, and was held following a detention hearing last month.
The indictment is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and the Federal Bureau of Investigation 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.
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.
Michigan Man Pleads Guilty to Production of Child PornographyRead 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 James S. Allen, 38, of New Baltimore, MI, pleaded guilty to production of child pornography and cyberstalking before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum 15 years in prison, a maximum of 30, and a fine of $250,000.
“This case demonstrates just how far a sexual predator is willing to go in order to harm children for his own gratification,” said U.S. Attorney Hochul. “It also serves as yet another reminder to parents, caregivers and children alike that the internet – while beneficial – can also be a dangerous environment in which the virtual world is used to commit real life damage to victims.”
Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, who are handling the case, stated that between April and August of 2012, the defendant utilized the internet and text messages to stalk, communicate with, and threaten 18 female victims in the Western District of New York, many of them minors, in an effort to obtain pornographic pictures of the minors. Allen contacted the victims and told them that he found naked pictures of them on the internet. The defendant then directed the victims to a specific website to view the pictures. In reality, the website was a front or a phishing site by which the defendant sought to surreptitiously obtain the victim’s private e-mail address and password.
Once the targeted victim input the requested information, the victim=s personal e-mail addresses and passwords went straight to the defendant via the internet. Allen then seized control of the victim’s e-mail accounts, contacted the victims, and threatened that if they did not engage in a Skype video chat with him, he would distribute naked photos of the victims over the internet. Once a victim and the defendant logged onto Skype (the defendant utilized the screen name “shhh.shhh,” Allen further demanded that the victims take their clothes off and engage in sexual conduct, with the additional threat that naked pictures of them would be sent out to all of Western New York if the girl did not comply. As a result of the defendant's repeated and sustained harassment of the victims, many victims suffered substantial emotional distress.
The plea is the culmination of an investigation by on the part of Special Agents of the Federal Bureau of Investigation’s Child Exploitation Task force which includes the Buffalo Police Department, the Cheektowaga Police Department, and the Niagara County Sheriff’s Office, and the Kenmore Police Department, under the direction of Chief Peter Breitnauer. Additional assistance was also provided by the FBI Forensic Laboratory in Quantico, Virginia, and the Western New York Regional Computer Forensic Laboratory.
Sentencing is scheduled for September 14, 2015 at 1:00 p.m. before Judge Arcara.Livingston County Man Arrested for Importing Designer DrugRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jack Jett, 41, of Hemlock, NY, was arrested and charged by criminal complaint with unlawful possession and importation of Alpha PVP, a schedule I controlled substance. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.
“Some areas around the country are sounding the warning bell about the dangerous effects of Alpha PVP,” said U.S. Attorney Hochul. “In the last year alone, our Office has prosecuted nine defendants on charges involving this dangerous and potentially deadly drug. Seven of those nine defendants now stand convicted.”
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the complaint, the defendant was arrested following the controlled delivery of a package containing approximately three kilograms of Alpha PVP, a schedule I designer drug. The package was sent to Jett at his residence in Hemlock from China. The complaint states that the defendant admitted to law enforcement officers that he ordered the package from China and he knew that it contained Alpha PVP. The defendant further admitted that he distributed Alpha PVP.Alpha PVP, more commonly known as bath salts, is a schedule I controlled substance that has been reported to be the cause or a contributing cause of death in suicides and polydrug overdoses. Alpha PVP has also been known to cause paranoia and hallucinations.
U.S. Attorney Hochul further stated “Ordering any legal drug online must be done very carefully and under the strict guidelines of a medical professional. The public should also know that if you order illegal drugs, you will be prosecuted to the fullest extent of the law.”
Jett made an initial appearance before U.S. Magistrate Judge Johnathan W. Feldman and was released on bail.
The criminal complaint 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 United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the New York State Police, under the direction of Major Craig Hanesworth, the Hornell Police Department, under the direction of Chief TJ Murray, the Steuben County Sheriff’s Department, under the direction David V. Cole, and the Ontario County Sheriff’s Department, under the direction of Philip C. Povero.
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.
Car Dealer Sentenced for Money LaunderingRead 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 Jerry Robbins, 45, of Cheektowaga, NY, who was convicted following a jury trial of money laundering and failure to report cash transactions of $10,000 or more, was sentenced to 63 months in prison by U.S. District Court Judge Thomas J. McAvoy.
Assistant U.S. Attorneys Joel L. Violanti and Edward H. White, who handled the prosecution of the case, stated that Robbins, owner of Finish Line Auto on Bailey Avenue in Buffalo, helped drug dealers launder proceeds of their illicit business by purchasing high end used cars. During these sales, the drug dealers would pay the defendant cash for cars ranging in price from $10,500 to $45,000. Robbins used the name of another person in sales and title paperwork to disguise the true purchaser and source of the money.
In addition, in an effort to conceal the amount of money received for the sale of the car, Robbins listed that only a small deposit was received from the third party nominee, when, in fact, the drug dealers had paid cash in full for the car. For each of these types of transactions, Robbins also failed to file the proper forms with the Internal Revenue Service indicating the receipt of over $10,000 cash for the sale of the car, as required by law.The sentencing is the culmination of an investigation on the part of 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 the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, and the New York State Department of Motor Vehicles, under the direction of Commissioner Barbara J. Fiala.
Schuele Boys Gang Associate Pleads Guilty to Drug ChargeRead 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 Antwan Garner, 30, of Buffalo, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from co-defendants Michael Robertson and Antwon Steward. Garner then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.
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.
Garner was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the fifth to be 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.
Houston Man Sentenced on 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 Ricardo Garza, 52, of Houston, TX, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 100 kilograms or more of marijuana, was sentenced to 151 months in prison by U.S. 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, Richard Himbury, Daniel Garza and others, to distribute cocaine and marijuana. Garza supplied the drugs to James Leon who then redistributed them to Himbury and others.
On November 15, 2011, Special Agents with the Drug Enforcement Administration and members of the Southern Tier Regional Drug Task Force executed a search warrant at James Leon's residence in State Route 394 in the Town of Coldspring, NY. Officers found a grocery bag full of marijuana in the living room and a canister containing approximately four ounces of cocaine in the bathroom, as well as scales used to measure quantities of controlled substances.
Richard Himbury was arrested on November 15, 2011. Agents then searched his residence on St. Amelia Drive in Tonawanda, NY and located approximately eight kilograms of cocaine, 100 pounds of marijuana and $100,000.00 in United States currency. Himbury stated to the agents that one of his sources of supply was James Leon adding that Leon's source of supply for cocaine and marijuana was a Mexican male, later identified as Ricardo Garza.
James Leon, Richard Himbury, and Daniel Garza have been convicted and are awaiting sentencing.
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.
Chemung County Man Sentenced for Receiving, Possessing and Distributing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Terry M. Dickinson, 56, of Millport, NY, who was convicted following a jury trial of distribution of child pornography, receipt of child pornography and possession of child pornography, was sentenced to 40 years in prison and lifetime supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the prosecution of the case, stated that an undercover agent in Elmira, NY, downloaded child pornography from the defendant, through a peer-to-peer software program, in June and July of 2010. Agents executed a search warrant at Dickinson’s residence in August 2010 and seized items of digital media, including computers, thumb drives and memory cards. A forensic analysis determined that the memory cards contained images and videos of child pornography.
The search warrant led to the discovery of a notebook containing handwritten notes that appeared to detail the defendant's sexual encounters with children.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, investigators and troopers of the New York State Police, Troop E, under the direction of Major Craig Hanesworth; and deputies and Investigators from the Chemung County Sheriff’s Office under the direction of Sheriff Christopher Moss.
Buffalo Man Sentenced for Firearm PossessionRead 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 Keith Mixon, 23, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to five years in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on April 14, 2013, Buffalo Police responded to a call for an individual brandishing a gun at a party at a residence on Newburgh Avenue. When officers arrived, Mixon had 19 packets of methylone, a controlled substance sometimes known as bath salts. Officers later found a .40 caliber Glock handgun, the gun that the defendant was brandishing.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
Buffalo Man Pleads Guilty to Tax Fraud SchemeRead 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 Kalah Bishop, 27, of Buffalo, NY, pleaded guilty today to access device fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that beginning in 2012, the defendant and her associates filed fraudulent federal and New York State income tax returns for more than 49 individuals. The tax refunds were deposited onto debit cards, which were then used by Bishop and her associates to make purchases and withdraw cash.
The tax refunds received by the defendant and her associates totaled $435,064. Bishop will be required to pay restitution of $416,192 to the Internal Revenue Service, and $18,872 to the New York State Department of Finance.
The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen, and investigators from the New York State Department of Taxation and Finance, Criminal Investigations Division, under the direction of Michael Szrama.
Sentencing is scheduled for September 11, 2015 before Judge Arcara.
Buffalo Man Pleads Guilty to Narcotics TraffickingRead 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 William Key, of Buffalo, NY, pleaded guilty to conspiracy to distribute 50 kilograms or more of marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the defendant participated in a drug trafficking network which distributed hundreds of pounds of marijuana in the City of Buffalo. Key was on probation following a state drug conviction at the time of his arrest on federal charges.
Key was arrested along with four others involved in the conspiracy. Defendants Mark Moodie, Oneil Bennett, and Wilfred Taylor, have been convicted. Charges are pending against Raymond Lee. 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.
This plea is the culmination of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by Special Agents of Immigration & Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, and the New York State Police, under the direction of Major Michael Cerretto.
Sentencing is scheduled for September 11, 2015, at 1:00 p.m. before Judge Arcara.
Webster Man Pleads Guilty to Downloading Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that Preston Field, 23, of Webster, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from November 2012 to March 2014, the defendant downloaded and stored more than 600 images child pornography, including images portraying sadistic conduct and violence. Field also made his collection available for others to view and download.
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.
Sentencing is scheduled for August 5, 2015, at 9:30, before Judge Geraci.
Schuele Boys Gang Associate Pleads Guilty to G ChargeRead 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 Demetrius Holmes, 24, of Buffalo, NY, pleaded guilty to being a felon in possession of a weapon before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on July 23, 2014, law enforcement officers executed a search warrant at the residence of Holmes on Schuele St. in Buffalo. Officers recovered a 20 gauge shotgun. The defendant was previously convicted on a state robbery charge which prevented him from legally possessing a firearm.
Holmes was an associate of the Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Holmes was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the fourth to be 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.
Sentencing is scheduled for September 4, 2015 at 12:30 p.m. before Judge Arcara.
Buffalo Man Pleads Guilty to Tax Fraud SchemeRead 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 James Chatmon, 36, of Buffalo, NY, pleaded guilty today to conspiracy to defraud the Internal Revenue Service by making false claims for income tax refunds before U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Chatmon gathered biographical information from more than a dozen individuals which he then used to generate false W-2 forms. The individuals then used the forms to file false Federal and New York State income tax returns. Claims for refunds and credits were made on 17 tax returns, even though the persons filing the returns were not entitled to any refunds.
Proceeds totaling $105,088 were divided between Chatmon and the tax-return filers during the scheme, which took place between January 2010 and April 2013. The defendant will be required to pay restitution of $102,149 to the IRS, and $2,939 to the New York State Department of Finance. The total attempted loss figure exceeds $120,000, as some of the false returns did not result in refunds.
The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.
Sentencing is scheduled for September 3, 2015 before Judge Arcara.
Webster Man Pleads Guilty to Downloading Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that Preston Field, 23, of Webster, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from November 2012 to March 2014, the defendant downloaded and stored more than 600 images child pornography, including images portraying sadistic conduct and violence. Field also made his collection available for others to view and download.
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.
Sentencing is scheduled for August 5, 2015, at 9:30, before Judge Geraci.
Buffalo Man Pleads Guilty to Tax Fraud SchemeRead 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 James Chatmon, 36, of Buffalo, NY, pleaded guilty today to conspiracy to defraud the Internal Revenue Service by making false claims for income tax refunds before U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Chatmon gathered biographical information from more than a dozen individuals which he then used to generate false W-2 forms. The individuals then used the forms to file false Federal and New York State income tax returns. Claims for refunds and credits were made on 17 tax returns, even though the persons filing the returns were not entitled to any refunds.
Proceeds totaling $105,088 were divided between Chatmon and the tax-return filers during the scheme, which took place between January 2010 and April 2013. The defendant will be required to pay restitution of $102,149 to the IRS, and $2,939 to the New York State Department of Finance. The total attempted loss figure exceeds $120,000, as some of the false returns did not result in refunds.
The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.
Sentencing is scheduled for September 3, 2015 before Judge Arcara.
Brockport Investment Advisor Pleads Guilty to Ponzi SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Eduardo Galan, 64, of Brockport, NY, pleaded guilty to mail fraud and money laundering before U.S. District Judge Frank P. Geraci. The combined charges carry a maximum penalty of 30 years in prison and a $500,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Galan owned and controlled a financial services business, S&G Unlimited Services, in Brockport. The defendant was a registered securities broker until October 2008, at which time he was barred from the industry. From January 2008 to March 2013, Galan engaged in a Ponzi scheme. The defendant promised investors that he would use their money to broker private mortgage transactions, but instead used it to repay earlier investors and cover personal and business expenses. In total, he defrauded 18 investors out of $821,912 before the fraud was discovered. As part of the plea deal, Galan also admitted that he owes other clients money as well, and agreed to pay the investment fraud victims and his other clients a total of $1,098,567.26.
The plea is the culmination 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 Special Agent-In-Charge Shantelle P. Kitchen.
Sentencing is scheduled for September 2, 2015, at 10:00, before Judge Geraci.
Former Doctor Pleads Guilty to Illegally Prescribing Pain MedicationRead 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 Pravin Mehta, 77, of Amherst, NY, pleaded guilty to conspiring to illegally dispense controlled substances from his medical office by issuing prescriptions other than for a legitimate medical purpose and not in the usual course of professional practice, before Senior U.S. District Judge William M. Skretny. This conviction represents the 14th defendant charged and convicted as part of this investigation, including Office staff and other conspirators.
“This case demonstrates that those who would harm the community through illegal narcotics trafficking consist of far more than street corner drug dealers,” said U.S. Attorney Hochul. “In this case, a medical doctor, in his 70’s, stands convicted of turning his medical practice into a drug trafficking organization, complete with other conspirators and employees. This case – like others before it – also demonstrates that regardless of title or position, this Office will simply not allow anyone to contribute to the current public health crisis involving dangerous opiate substances.”
Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “Prescribing medication for no medical purpose opens the door to drug addiction. Nearly 80 percent of people who recently started using heroin had previously used prescription pain relievers illegally. To combat opioid addiction, DEA and our law enforcement partners are committed to identifying and investigating those responsible for diverting pain medication while using resources to educate the public about the perils of opioid abuse.”
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that Mehta is a former physician who practiced medicine in the City of Niagara Falls. The defendant surrendered his medical license immediately after being first charged in this case in January 2011.
Mehta wrote prescriptions for narcotic pain medications, such as fentanyl, hydrocodone, oxycodone, and oxymorphone, for individuals without conducting legitimate medical examinations. In 2010, the Government sent four individuals who were part of the investigation to see the defendant at his office on 10 different occasions. On all but the last visit, Mehta issued prescriptions for controlled substance pain medication at the request of the individuals without conducting a thorough medical exam.
In addition, on four separate occasions between December 2007 and January 2010, prior to leaving the country for multiple weeks, the defendant signed blank prescriptions and directed his office manager, who was not a trained medical provider, to complete the prescription by writing in a patient’s name, type, amount, and dosage of controlled substances whenever a patient came to the office in his absence seeking pain medication. In fact, Mehta’s medical staff did not include any licensed medical professionals, such as other doctors, physician assistants, registered nurses, or licensed practical nurses.
U.S. Attorney Hochul further stated: “Such medications, when prescribed properly, can be very beneficial to a patients. But when they are abused can be dangerous and highly addictive. Let me be clear, a vast majority of physicians faithfully uphold their oath. For those who do not, be warned, we will prosecute to the fullest extent of the law.”
The defendant was arrested in January 2011 along with 13 others. All 14 individuals have now been convicted. All but two have been sentenced.
The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Mehta also forfeited the building that housed his medical practice, 550-552 Main Street in Niagara Falls, and $125,000 in United State currency.
The plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto, the Niagara County Sheriff's Drug Task Force under the direction of Sheriff James Voutour, the New York State Medicaid Fraud Control Unit, the New York State Bureau of Narcotic Enforcement, and the Internal Revenue Service, Criminal Investigation Division, New York Field Division under the direction of Special Agent in Charge Shantelle P. Kitchen.
Sentencing is scheduled for September 9, 2015 at 9:00 a.m. before Judge Skretny.
Sodus Woman Sentenced on False Statement ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sara Carbajal, 42, of Sodus, NY, who was convicted of submitting a false and fraudulent written statement, was sentenced to one year probation by U.S. District Judge Elizabeth A.Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Carbajal managed Carbajal Labor. In that role, the defendant filed a false Form I-9 for employment eligibility verification. On the form, Carbajal affirmed under penalty of perjury that the contents were true and accurate when she knew that the individual whose information she was verifying was present illegally in the United States and not eligible for employment.
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under direction of Acting Special Agent in Charge J. Michael Kennedy.
Palmyra Man Pleads Guilty to Possessing Child PornographyRead 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 Cody Yerden, 20 of Palmyra, NY, pleaded guilty to possessing child pornography involving pre-pubescent minors before U.S. District Court Judge Charles J. Siragusa. The charge carries a maximum sentence of 20 years in prison, a fine of up to $250,000, or both.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Yerden was first identified during an online child exploitation investigation conducted by Homeland Security Investigations. Agents learned that the defendant was posting images of child pornography to online websites located outside the United States which depicted children as young as four years old being sexually abused. They traced the activity to Yerden’s home, and executed a federal search warrant in March 2014. In an interview conducted while agents were executing the search warrant, the defendant admitted to using specific terms to search out images of child pornography. Agents seized multiple digital items from Yerden and found over a thousand images and movies showing young children being raped on several computers and an iPod.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Sentencing is scheduled for August 19, 2015, at 10:00 a.m. before Judge Siragusa.
North Tonawanda Man Sentenced to Statutory Maximum for Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.– Attorney William J. Hochul, Jr. announced today that Thomas A. Sparks, 23, of North Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to 20 years in prison and 15 years supervised release by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in June 2013, the Federal Bureau of Investigation received a report that Sparks and a friend were downloading child pornography from the internet. Agents interviewed Sparks at his residence, who admitted that he had downloaded child pornography from the internet onto the flash drive. Sparks also stated that prior to FBI’s arrival, he smashed the flash drive and threw it in the garbage. Sparks did this after getting a phone call he received from a friend stating that the FBI was on the way to interview him.
The flash drive was recovered from the garbage and was repaired by the FBI in Quantico, Virgina. A forensic analysis of the flash drive revealed approximately 94 images of child pornography. During the investigation, agents also recovered an alleged contract Sparks drafted. The contract sought to have his girlfriend agree that, in the event they marry and have children, she would participate in and assist the defendant in committing acts of child exploitation. Additionally, as part of the plea agreement, Sparks admitted that he engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.
The defendant’s conduct in the present case occurred approximately one month after being arrested and charged by the New York State Police with a separate child pornography investigation.
The sentencing is the result of an investigation by Agents of the Federal Bureau of Investigation, Detectives of the Cheektowaga Police Department, under the direction of Police Chief David Zack, and Investigators from the New York State Police, under the direction of Major Michael Cerretto. Additional assistance was also provided by the FBI Forensic Laboratory in Quantico, Virginia, and the Western New York Regional Computer Forensic Laboratory.
Buffalo Man Sentenced on Drug ChargeRead 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 Ivan Rosario, 20, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that from 2011 through February 4, 2014, the defendant conspired with others to possess and distribute 100 grams or more of heroin and fentanyl, a Schedule II controlled substance. As part of the conspiracy, Rosario maintained a residence in Buffalo for the purpose of distributing heroin and fentanyl to his customers. The defendant sold the drugs on a daily basis and received cash paid by customers.
The plea was 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.
Rochester Man Pleads Guilty to Sex Crime Against MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Todd Glenn Dean, 50, of Rochester, NY, pleaded guilty to enticing a minor to engage in illegal sexual activity before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that in September 2014, a minor male was approached by the defendant. Dean handed the minor a piece of paper with his telephone number on it. The minor then reported the incident to his mother who exchanged text messages with the defendant. Based on the exchanges, the mother notified law enforcement.
In October 2014, a law enforcement officer, posing as a 15 year old male, exchanged texts with Dean. The two arranged to meet in Genesee Valley Park for the purpose of having sex. The defendant was arrested when he arrived at the park.
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 August 18, 2015 at 10:00 before Judge Larimer.
Rochester Man Pleads Guilty to Possession of Counterfit MoneyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, pleaded guilty to possession of counterfeit money before District Court Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $250,000fine.
Assistant U.S. Melissa M. Marangola, who is handling the case, stated that on March 1, 2015, law enforcement officers responded to 453 Hollenbeck Street in Rochester to investigate a possible burglary in progress. As officers approached the defendant, they learned he had an outstanding warrant on an unrelated matter. Williams was arrested and taken to the Monroe County Jail. While there, officers removed $1,140.00 in counterfeit United States currency the defendant. The money was then examined by Secret Service agents who determined it was counterfeit.
The plea is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.
Sentencing is scheduled for August 8, 2015 at 12:00 p.m. before Judge Larimer.
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, pleaded guilty to possession of counterfeit money before District Court Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $250,000fine.Assistant U.S. Melissa M. Marangola, who is handling the case, stated that on March 1, 2015, law enforcement officers responded to 453 Hollenbeck Street in Rochester to investigate a possible burglary in progress. As officers approached the defendant, they learned he had an outstanding warrant on an unrelated matter. Williams was arrested and taken to the Monroe County Jail. While there, officers removed $1,140.00 in counterfeit United States currency the defendant. The money was then examined by Secret Service agents who determined it was counterfeit.
The plea is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.
Sentencing is scheduled for August 8, 2015 at 12:00 p.m. before Judge Larimer.Rochester Man Charged with Participating in Jamaican Lottery ScamRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charles Hanks, 46, of Rochester, NY, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Hanks participated in a Jamaican lottery scam. In this fraud, individuals were told that they had won a lottery and other prizes, and in order to collect the winnings, they needed to remit thousands of dollars in “fees.” The scam targeted the elderly, some of whom lost their life savings. The defendant received money from the victims which he then forwarded to Jamaica after keeping a portion of the funds for himself.
The defendant made an initial appearance today before Magistrate Judge Jonathan W. Feldman. Hanks was released on conditions pending further proceedings on July 14, 2015, at 11:00 a.m.
The criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.
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 Postal Employee Pleads Guilty to Discarding MailRead 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 Jeffrey Wojcik, 36, of Cheektowaga, NY, pleaded guilty to obstruction of the mails before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. The charge carries a maximum penalty of six months in prison and a $5,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant, a former employee of the United States Postal Service, failed to deliver a bundle of mail that consisted of Bed Bath & Beyond advertisements. A concerned citizen who witnessed the incident reported it to the United States Postal Service, and the mail was recovered and delivered to its intended recipients.
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 August 13, 2015 at 10:00 AM before Judge Schroeder.
Tonawanda Coke to Pay $12 Million in Civil Penalties, Facility Improvements and Environmental Projects to Benefit Tonawanda CommunityRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
WASHINGTON – Under a $12 million settlement with the United States and the state of New York, Tonawanda Coke Corp. will pay $2.75 million in civil penalties, spend approximately $7.9 million to reduce air pollution and enhance air and water quality and spend an additional $1.3 million for environmental projects in the area of Tonawanda, New York. The agreement was announced jointly by Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division, Regional Administrator Judith A. Enck for the Environmental Protection Agency (EPA), Commissioner Joseph Martens for the New York State Department of Environmental Conservation (NYSDEC) and Attorney General Eric T. Schneiderman for New York.
Under the consent decree lodged today in federal court in the Western District of New York, Tonawanda Coke must improve its processes, operations and monitoring for coke oven gas leaks, assess key equipment, repair or replace equipment, install new pollution controls and take many additional measures under a prescribed schedule. This work, estimated to cost approximately $7.9 million, will secure significant reductions of benzene, ammonia and particulate matter emissions from the plant, improving air quality in Tonawanda and protecting public health.
“The community that is home to the Tonawanda facility is finally receiving the protections it deserves from its neighbor,” said Assistant Attorney General Cruden. “We are pleased to be joining with the state of New York in this important environmental enforcement action, which holds Tonawanda accountable for its numerous violations of federal and state environmental laws and requires measures to achieve significant reductions in air and water pollution that will benefit Tonawanda residents for years to come.”
The settlement also requires Tonawanda Coke to pay a $1.75 million civil penalty to the United States to resolve violations of the Clean Air Act, the Clean Water Act and the Emergency Planning and Community Right-to-know Act, and pay a $1 million civil penalty to the state of New York, which is a co-plaintiff with the United States. In addition to the state penalty, Tonawanda Coke will pay another $1 million to fund projects that will benefit the environment and the residents of Tonawanda. Additionally, $357,000 will be provided to Ducks Unlimited, a nonprofit organization, to acquire and preserve wetlands. In addition to protecting and enhancing water quality, wetlands reduce flooding, filter pollutants and provide habitat for fish and wildlife.
“Tonawanda Coke has been an environmental outlaw for too long,” said Regional Administrator Enck. “Today’s legal settlement will provide greater public health protections for the people of Western New York. I particularly want to thank the residents of Tonawanda, their elected officials, the Clean Air Coalition of Western New York and the Citizen Science Community Resources who all shined a spotlight on these pollution problems. The community did their own air toxic monitoring, which revealed high levels of pollution. This fine example of citizen science spurred government action to protect the community.”
“For years, Tonawanda Coke recklessly ignored clean air, clean water and community right-to-know laws,” Attorney General Schneiderman said. “In doing so, the company ignored both its legal responsibilities and its responsibilities to the health and safety of the residents of the surrounding communities. With this settlement – which requires the company to clean up its operations and pay New York $2 million for penalties and local environment improvement projects – we are holding Tonawanda Coke accountable for its actions.”
“I would like to acknowledge the good work done by everyone involved in this joint state and federal enforcement action that has resulted in significant operational changes at the Tonawanda Coke facility and will continue to improve the air quality in the Tonawanda community,” said Commissioner Martens. “Importantly, a portion of the civil penalty assessed under the consent decree will be used to fund environmental benefit projects that will further improve public health and the environment in Tonawanda.”
The company’s violations of the Clean Air Act resulted in releases of coke oven gas, which contains benzene and other harmful chemicals. Tonawanda failed to install air pollution controls on its coke ovens, failed to properly monitor equipment for coke oven gas leaks, failed to conduct required annual maintenance inspections of emission controls and proper operations and maintenance and failed to complete multiple required reports among other violations. Exposure to benzene and other hazardous air pollutants found in coke oven gas can significantly harm human health and excessive exposure to benzene is a known cause of cancer.
Under the terms of the settlement, Tonawanda Coke is currently installing coke oven battery pollution controls to limit coke oven gas emissions from the battery. These controls are known as “pushing controls,” and are estimated to reduce particulate matter by up to 162 tons per year once fully operational.
Among the other actions that Tonawanda Coke is required to take are:
• Repair or replace equipment in the by-products area.
• Install and operate pushing controls at the coke oven battery by the end of 2015.
• Install a continuous monitoring system on the battery stack.
• Comply with the particulate emission limits at the bag house stack.
• Improve coke battery work practices, operations and maintenance.
• Expand and improve the facility’s leak detection and repair program.
• Adopt a plan to control dust that is generated by its operations at the facility and reduce particulate emissions.
• Undergo a comprehensive evaluation by a third-party to assess its furnace coke production, coke oven walls and other key elements.
In addition, Tonawanda Coke will conduct additional auditing of its operations to implement necessary and appropriate changes that may arise from the third party audit.
Tonawanda Coke’s Clean Water Act violations include discharging wastewater and other prohibited pollutants in its stormwater discharges to the Niagara River, discharging excessive amounts of cyanide, ammonia and naphthalene in its process wastewater and allowing process water holding tanks to decay, pipes to leak and spill containment structures to become ineffective. Tonawanda Coke’s illegal discharges and other Clean Water Act violations threatened human health and the ecology and economy of the Niagara River and Lake Ontario.
While Tonawanda Coke has largely resolved the Clean Water Act violations identified in the complaint, under the settlement, Tonawanda Coke’s facility will be subject to an independent, third-party audit of its Clean Water Act compliance and will be required to implement all necessary recommendations for improving facility operations. EPA’s oversight of the facility’s Clean Water Act compliance will be ongoing.
Under the Emergency Planning and Community Right-to-Know Act, Tonawanda Coke failed to report that it manufactured benzene and ammonia in quantities that exceeded the 25,000 pound per year reporting threshold. Companies that manufacture, process, import or otherwise use chemicals above a certain amount must annually submit chemical inventory information to local authorities and to the state, giving detailed information about the chemicals they have on location. Tonawanda Coke has agreed to submit several years’ worth of information about its use and emissions of ammonia and benzene under this law.
The proposed consent decree was filed in federal court in the Western District of New York and will be subject to a 30 day public commenting period following its publication in the federal registry. The consent decree can be viewed at http://www.justice.gov/enrd/Consent_Decrees.html
For more information about EPA’s actions at Tonawanda Coke and related legal documents, visit http://www.epa.gov/region02
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.
Schuele Boys Gang Associate 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 James Hicks, 45, of Buffalo, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from co-defendant Michael Robertson. Hicks then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.
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.
Hicks was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the third to be convicted. On March 24, 2015, an additional seven members and associates were indicted. Four other Schuele Boys members were indicted separately. Aaron Glenn and Demario Robbins pleaded guilty on March 26 and March 27, 2015 respectively.
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.
While Tonawanda Coke has largely resolved the Clean Water Act violations identified in the complaint, under the settlement, Tonawanda Coke’s facility will be subject to an independent, third-party audit of its Clean Water Act compliance and will be required to implement all necessary recommendations for improving facility operations. EPA’s oversight of the facility’s Clean Water Act compliance will be ongoing.
Under the Emergency Planning and Community Right-to-Know Act, Tonawanda Coke failed to report that it manufactured benzene and ammonia in quantities that exceeded the 25,000 pound per year reporting threshold. Companies that manufacture, process, import or otherwise use chemicals above a certain amount must annually submit chemical inventory information to local authorities and to the state, giving detailed information about the chemicals they have on location. Tonawanda Coke has agreed to submit several years’ worth of information about its use and emissions of ammonia and benzene under this law.
The proposed consent decree was filed in federal court in the Western District of New York and will be subject to a 30 day public commenting period following its publication in the federal registry. The consent decree can be viewed at http://www.justice.gov/enrd/Consent_Decrees.html
For more information about EPA’s actions at Tonawanda Coke and related legal documents, visit http://www.epa.gov/region02
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.Lrgp Gang Member Sentenced on Crack Cocaine 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 Dijaon Bland, 25, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine, was sentenced to 70 months in prison by U.S. District Judge Richard J. Arcara.According to Assistant U.S. Attorney Thomas S. Duszkiewicz, Bland was a member of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. The defendant sold crack cocaine from a “trap house” on Memorial Drive in Buffalo utilized by gang members. The house was run by Bland’s cousin and L.R.G.P. leader Dewayne Gray.
Bland is one of 19 L.R.G.P. members and associates indicted in this case. The defendant is the fifth to be convicted. On May 8, 2015, another 11 L.R.G.P. members and associates were also indicted on crack cocaine charges. 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 indictment is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force which included 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.Depew Man Pleads Guilty to Child Pornography 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 Mark Newman, 56, of Depew, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on September 26, 2012, a search warrant was executed at the defendant's residence. Items seized from Newman’s residence that contained child pornography included a Toshiba laptop computer. A forensic analysis uncovered approximately 300 videos of child pornography stored on the computer. Some of the images depicted prepubescent minors or minors less than 12 years of age, as well as images of violence. In addition, as part of the plea agreement, Newman admitted that he has engaged in a pattern of sexual abuse of a minor.
The plea is the result of an investigation on the part of Agents of the Federal Bureau of Investigation.
Sentencing is scheduled for August 13, 2015, at 4:00 p.m. before Judge Wolford.
Rochester Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Luis Guzman, 26, of Rochester, NY, pleaded guilty to distribution of heroin and possession of a firearm in furtherance of a drug trafficking crime, before U.S. District Judge Charles J. Siragusa. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated on December 18, 2012, the defendant sold heroin and a .22 caliber revolver to a confidential informant during a police investigation. Guzman admitted to selling heroin and cocaine on approximately 18 other occasions between November 30, 2012 and March 7, 2013.
The plea is the result of an investigation by 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 Investigators of the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for August 18, 2015 at 1:30 p.m. before Judge Siragusa.
Cattaraugus Man Convicted of Drug and Gun 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 a federal jury has found Joseph Tigano, III, 51, guilty of manufacturing in excess of 1000 marijuana plants; possession with intent to distribute marijuana; maintaining a premises for the manufacturing of marijuana; conspiracy to manufacture and possess marijuana and maintain a premises for the manufacturing of marijuana; and being a felon in possession of a firearms. The charges carry a mandatory minimum of 20 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the prosecution of the case, stated that on July 8, 2008, law enforcement officers executed a search warrant at the defendant’s Mill St. factory. During the search, officers discovered an active hydroponic marijuana grow operation which included 1414 plants. In addition, officers seized 100 pounds of harvested and processed marijuana packaged for sale. The estimated value of the processed marijuana is between $300,000 and $500,000.
Officers also seized three firearms, United States currency, money orders, and savings bonds. Also seized were a 2007 Cadillac Escalade, a 2005 Jeep Cherokee Limited, and a 2007 Haulmark Trailer.
Tigano was arrested on July 8, 2008 along with his father, Joseph Tigano, Sr., who has also been convicted and is awaiting sentencing.
The verdict is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, with the assistance of the Cattaraugus County Sherriff’s Department, under the direction of Sheriff Timothy Whitcomb, and the Southern Tier Regional Task Force, under the direction of Cattaraugus County Sheriff’s Sergeant Ronald Lott, 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, and the Erie County Sheriff’s Department Aviation Unit, under the direction of Timothy Howard.Sentencing is scheduled for August 13, 2015 at 3:00 p.m. before U.S District Judge Elizabeth A. Wolford, who presided over the trial of the case.
12 Lrgp Gang Members and Associates Indicted; Charged with Narcotics TraffickingRead 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 a federal grand jury has indicted 12 members and associates of the LRGP Gang and charged them with possession with intent to distribute, and to distribute, 280 grams or more of crack cocaine. The charge carries a mandatory minimum of 10 years in prison, a mandatory of life, and a $10,000,000 fine.
The LRGP gang, which operates primarily in the area of Lathrop, Rother, Playter and Gibson Streets in the City of Buffalo, is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.
Named in the indictment are:
• Nathaniel Myers
• Anthony Newbern
• Augustus Kidd
• Brandon Miller
• Damien Carmichael
• Erika Gray
• Judy Berry
• Ka’ron McDuffie
• Marcus Edwards
• Matthew Johnson
• Vaughn Owens
• Willielee JerniganDefendants Nathaniel Myers, Damien Carmichael and Matthew Johnson are also charged with maintaining a premises at 41 Houghton Avenue, Buffalo, NY, for the purpose of manufacturing, distributing and using crack cocaine. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine.
The indictment is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force which included 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.
10th St Gang Member Sentenced on Racketeering 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 Jimmy Sessions, 28, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) Conspiracy, was sentenced to 70 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the case, stated that from 2000 to 2010, the defendant was a member of the 10th Street Gang, a criminal enterprise engaged in racketeering activity. As a part of his involvement in the 10th Street Gang, Sessions, along with other members and associates of the gang, sold cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo. The defendant possessed firearms with other 10th Street Gang members and conspired to distribute over five kilograms of cocaine and over 280 grams of crack cocaine as a part of the affairs of the 10th Street Gang.
All 44 defendants in this case have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.Odessa Company Pleads Guilty to Attempting to Harbor Illegal AliensRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Glenview Dairy, LLC, d/b/a Bergen Farms, of Odessa, NY, pleaded guilty to attempting to harbor illegal aliens before U.S. District Judge Frank P. Geraci. The defendant was also sentenced to pay a $60,000 fine.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, between 2102 and 2014, Bergen Farms employed 10 aliens knowing that the individuals were in the United Stated illegally.
The plea and sentence are the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Corning Man Pleads Guilty to Theft from Health Care FundRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brandon Wilson, 26, of Corning, NY, pleaded guilty to theft from a health care benefit program, before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of one year in prison and a $5,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wilson, a member of the Plumbers & Steamfitters Local 267, participated in a scheme devised by Paul Harnas, Jr. to submit fraudulent dental claims for reimbursement from the Local 267 health fund. The defendant sought fraudulent payments totaling $6,358. In aggregate, Harnas, Wilson and others involved in the scheme submitted false claims to the Local 267 health fund totaling more than $65,000.
Harnas has been convicted and is awaiting sentencing.
The plea 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.
Sentencing is scheduled for July 24, 2015 at 10:00 a.m. before Judge Payson.
Buffalo Woman Pleads Guilty to Tax Fraud ChargeRead 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 Malisha Mobley, 30, of Buffalo, NY, pleaded guilty to conspiracy to defraud the government in the filing of false tax returns before U.S. District Judge Richard J Arcara. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant obtained fraudulent W-2 forms from James Chatmon and used the forms to file false tax returns for tax years 2011, 2012 and 2014. As a result the defendant obtained tax refunds which she was not entitled to receive.
In addition, Mobely recruited two other individuals to file false tax returns by providing them with the fraudulent W-2 forms obtained from James Chatmon. Those individuals used the forms to file false tax returns for tax year 2012. As a result of the defendant’s actions, losses to the Internal Revenue Service and New York State Department of Taxation and Finance totaled $37,193.00
The plea is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division under the direction of Special Agent-In-Charge Shantelle P. Kitchen.
Sentencing is scheduled for August 20, 2015 at 1:00 p.m. before Judge Arcara.
Buffalo Man Pleads Guilty to Setting A Buffalo Business on FireRead 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 Ryan Smolinski, 26, of Buffalo, NY, pleaded guilty to arson of a commercial building before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on June 13, 2014, Smolinski, along with co-defendant Lowell Carey and another co-conspirator, went to 349 Ontario St., occupied by WNY Property Contractors, and threw a Molotov cocktail onto the roof of the building and placed anpther Molotov cocktail underneath a garage door on the side of the building.
On the night of June 12, 2014, Smolinski had been drinking with Carey and the co-conspirator at Carey’s house. Smolinski was upset about his father losing his business, Western New York Property Contractors, which his father co-owned with another individual. Smolinski asked Carey and the co-conspirator if they would help him burn the building. They agreed and made the two Molotov cocktails from beer bottles they had been drinking from and using gasoline and a t-shirt as a wick.
Smolinski, Carey, and the co-conspirator proceeded to Western New York Property Contractors in the early morning hours of June 13, 2014 and set off the Lolotov cocktails. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.
Charges are pending against Lowell Carey. 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, and the Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.Sentencing is scheduled for August 27, 2015 at 1:00 p.m. before Judge Arcara.
Albion Man Pleads Guilty to Stealing Government PropertyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Justin D. Weese, of Albion, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to converting to his own use machinery belonging to the United States Federal Aviation Administration. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that Weese was an employee of the Federal Aviation Administration. In June 2014, the defendant was tasked with taking a welder, a mower, and a trailer to a scrap yard. Instead, Weese kept the items for his own personal use. In addition, the defendant was supposed to take an all-terrain vehicle to be traded in for a newer model and again, Weese kept the vehicle for his own use.The plea was the culmination of an investigation on the part of Special Agents of the Department of Transportation, Office of Inspector General.
Sentencing is scheduled for August 6, 2015 at 9:00 a.m. Judge Siragusa.
10th Street Gang Member Sentenced for RacketeeringRead 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 Derrick Yancey, 27, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy), was sentenced to 168 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that from 2005 through 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Yancey admitted driving fellow 10th Street Gang members to shoot rival 7th Street Gang members. Specifically, on September 15, 2008, the defendant drove armed 10th Street Gang members to shoot rival 7th Street Gang members, who were standing outside on Busti Avenue in Buffalo. While Yancey drove the car, his 10th Street Gang accomplices shot and killed Omar Fraticello-Lugo, and injured two others. The defendant then drove the shooters from the scene. Brandon Bobbitt was also convicted for his role in the murder of Omar Fraticello-Lugo.
Yancey is one of 44 10th Street Gang members and associates charged and convicted in this case.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
West Seneca Man Pleads Guilty to Extortion ChargeRead 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 Thi Nguyen, 40, of West Seneca, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to collect extension of credit by extortion. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that a confidential witness placed bets on NFL football games with Nguyen and other individuals during the 2012 season. On May 7, 2013, the defendant and co-defendant Eric Battistoni told the witness his outstanding debt of $24,000 On May 15. 2013, at a pre-arranged meeting, it was determined the witness would would make $300 payments every Friday until the debt was settled. Battistoni also threatened violence if the witness did not make a payment.
Nguyen and Battistoni were arrested on May 31, 2013. During the execution of a search warrant at Nguyen’s residence, officers seized numerous ledgers used in the defendant’s bookmaking activities.
Charges are pending against Battistoni. 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.Sentencing is scheduled for August 26, 2015 at 1:00 p.m. before Judge Arcara.
Buffalo Man Sentenced for Robbing Four BanksRead 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 Clifford B. Smith, 34, of Buffalo, NY, who was convicted of bank robbery and tampering with a witness, was sentenced to 151 months in prison and ordered to pay restitution in the amount of $31,392 by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 2011 and November 2011, Smith robbed four HSBC Bank locations throughout the City of Buffalo. On each occasion, he presented the teller with a note and threatened a gun.
During the last robbery, Smith brandished a gun and robbed three tellers and told the tellers that if a dye pack goes off outside, someone is going to get shot. During this robbery, one of the customers experienced chest pain and thought she was having a heart attack. The defendant robbed the branch twice within two weeks, and one of the tellers recognized Smith from the earlier robbery.
Smith also attempted to convince a witness to lie and say that she was with the defendant when the robberies occurred. Smith later sent a letter to the woman providing her with some of the dates that he wanted her to use for his alibi.
The sentencing is the culmination of an investigation by the Buffalo and Philadelphia Offices of the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Buffalo Man Pleads 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 James Humphrey, Jr., 41, of Buffalo, NY, pleaded guilty to conspiracy to distribute over 500 grams of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that the defendant, along with co-defendants, distributed multiple quantities of cocaine between 2009 and January 2010. Humphrey traveled to Ohio to obtain quantities of cocaine for distribution. The defendant was arrested along with four others. All five defendants have now been convicted.
The plea is the culmination of any investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for August 26, 2015 at 1:00 p.m. before Judge Arcara.
Two Men Plead Guilty to Drug Conspiracy After Manufacturing Methamphetamine in LancasterRead 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 John Ruth, 40, and Michael Jachimiak, 37, both of Lancaster, N.Y., pleaded guilty to conspiracy to manufacture methamphetamine, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that in the early morning hours of June 19, 2014, officers from the Lancaster Police Department conducted a trash pull at 97 Field Street in Lancaster and seized approximately 736 spent pseudophedrine blister packs, and receipts for the purchase of precursor materials used to manufacture methamphetamine. Later that day, officers and Drug Enforcement Administration special agents executed a NYS search warrant at the residence. Officers seized 3-hydrocholoric acid gas generators, hypodermic needles containing suspected liquid methamphetamine, white, crystalline substance weighing approximately 43.27 grams, Mason jars containing “one-pot” methamphetamine laboratory residue, 1 Coleman fuel bottle, 1 can of Zippo acid, 2 bottles of ammonium nitrate, and other precursors used to manufacture methamphetamine.
Ruth manufactured methamphetamine, with the assistance of Jachimiak, numerous times at the residence. At various times, Ruth arranged for other individuals to purchase pseudophedrine tablets and other materials needed to manufacture methamphetamine. Ruth used some of the methamphetamine and sold some of it. The substances seized were sent to the DEA Northeast Regional Laboratory for analysis, which confirmed that the substances contained methamphetamine residue.
The plea 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 and the Lancaster Police Department, under the direction of Chief Gerald Gill.
Ruth will be sentenced on August 24, 2015 at 1:00 p.m., Jachimiak on August 20, 2105 at 12:30 p.m., both before Judge Arcara.
Rochester Man Sentenced for Making Counterfeit CurrencyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Adrian Clemons, 34, of Rochester, NY, who was convicted of counterfeiting United States currency, was sentenced to one year in prison by U.S. District Court Judge Charles J. Siragusa.
Assistant U.S. Attorney John J. Field, who handled the case, stated that between January 2013 and March 2013, Clemons created more than $10,000 in counterfeit $50 and $20 bills using a scanner and a printer. The defendant then sold the counterfeit bills to others to pass at local stores in Rochester as genuine currency. Victims of the scam also included individuals who had advertised personal items for sale.
The plea is the culmination of an investigation by Special Agents of the Secret Service, under the direction of Special Agent in Charge C. Todd Laster.
Niagara Falls Man Pleads 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 Ronald Carter, 59, of Niagara Falls, NY, pleaded guilty to conspiracy to distribute over 500 grams of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between December 2010 and April 4, 2011, distributed multiple quantities of cocaine in the Niagara Falls, NY area. On April 4, 2011, officers executed a search warrant at the defendant’s 10th Street residence and seized 1.3 kilograms of cocaine, three kilograms of marijuana and $51,913 in United States currency.
The defendant was arrested along with four others. Carter is the fourth defendant to be convicted.
The plea 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 and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Sentencing is scheduled for August 26, 2015 at 12:30 p.m. before Judge Arcara.
Kenmore Man Pleads Guilty to ExtortionRead 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 Brian Morath, 34, of Kenmore, NY, who was convicted of extortion, was sentenced to 37 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay $130,000 in restitution.
“This defendant preyed upon one of the more vulnerable members in our community,” said U.S. Attorney Hochul. “Thankfully, this elderly victim alerted law enforcement and we were able to arrest and convict the defendant and prevent him from victimizing this or other individual.”
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between December 2012 and October 2013, Morath extorted $130,000 from an elderly victim. During this time, the defendant threatened the victim on multiple occasions claiming that if the victim did not give him money, individuals would be sent to collect the money from him. The victim made several cash withdrawals from a savings account but eventually he advised Morath that he could not pay any more money.
Subsequently, the victim started receiving voice mails and text messages from the defendant threatening physical harm if he did not give the defendant any more money. On October 7, 2013, law enforcement officers monitored the defendant’s phone and confirmed that Morath made several threatening communications to the victim over the phone and through text messages. Investigators were able to determine that the the messages were being sent by the defendant.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation.Florida Man Pleads Guilty to Concealing FraudRead 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 Ignacio Huergo, 44, of Miami, Florida, pleaded guilty before U.S. District Judge Richard J. Arcara to concealing financial institution fraud. The charge carries a maximum penalty of three years in prison, and a $250,000 fine.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Huergo worked for Frank Garcia who owned Federal Guaranty Mortgage Company (FGMC) and Guaranty Reality and Investment (GRI) as a bookkeeper and tax preparer between 2006 and 2008. During that time, the defendant became aware of Garcia’s business practices. Garcia used Huergo and another person as straw buyers as part of a vast mortgage fraud scheme. The defendant also knew that Garcia manipulated financial statements drafted by Huergo indicating that FGMC had a minimum net worth of over $1,000,000. These statements were sent to financial institutions. The defendant failed to notify anyone about Garcia’s fraud which resulted in a $24,000,000 loss to financial institutions, including M&T Bank which was defrauded out of $4,400,000.
Garcia has been convicted and is awaiting sentencing.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation.
Sentencing is scheduled for August 20, 2015 at 1:00 p.m. before Judge Arcara.
Corning Man Pleads Guilty to Theft from Health Care FundRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brandon Wilson, 26, of Corning, NY, pleaded guilty to theft from a health care benefit program, before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of one year in prison and a $5,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wilson, a member of the Plumbers & Steamfitters Local 267, participated in a scheme devised by Paul Harnas, Jr. to submit fraudulent dental claims for reimbursement from the Local 267 health fund. The defendant sought fraudulent payments totaling $6,358. In aggregate, Harnas, Wilson and others involved in the scheme submitted false claims to the Local 267 health fund totaling more than $65,000.
Harnas has been convicted and is awaiting sentencing.
The plea 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.
Sentencing is scheduled for July 24, 2015 at 10:00 a.m. before Judge Payson.