Western District of New York
Press releases recorded for this federal judicial district.
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 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 Rai Johnson, 35, of Buffalo, NY, pleaded guilty to being a felon in possession of firearms and ammunition, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was previously convicted of a felony violation of the Clean Air Act relating to the Kensington Towers matter. On December 23, 2014, Johnson possessed firearms, namely, one Mossberg, Model 500A, 12 gauge shotgun and one Brazilian, CBC, .22 caliber rifle. In addition, the defendant had multiple rounds of ammunition.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-In-Charge Delano A. Reid, New York Field Division.
Sentencing is scheduled for August 17, 2015 at 12:30 p.m. Judge Arcara.
Man Sentenced for Assaulting A Border Patrol OfficerRead 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 Felix Santos, 41, who was convicted of assaulting an officer of the United States, was sentenced to 14 months in prison.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that on October 24, 2013, Felix Santos yelled at and put his hands on the chest of a United States Border Patrol Agent, who, at the time, was an employee of the United States and engaged in official duties. At the time, the agent was responding to a complaint by a hotel manager that the defendant would not leave the Sheraton Hotel at 300 Third Street, Niagara Falls, New York after being asked to leave multiple times.
"We as a community ask a great deal of our law enforcement officers, said U.S. Attorney Hochul. “One thing we won't tolerate is an officer being assaulted in the course of her or his duties."
The sentencing is the result of an investigation by the Federal Bureau of Investigation and the United States Border Patrol, under the direction Steven J. Oldman, Patrol Agent in Charge.
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 David Varner, 56, of Buffalo, NY, pleaded guilty to maintaining a drug involved premises before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the prosecution, stated that between the summer of 2012 and April 3, 2013, the defendant allowed his co-defendants to utilize his apartment, which was located on the grounds of the Perry Housing Projects, to manufacture, possess and distribute crack cocaine. As part of this conspiracy, a co-defendant maintained several locations on the grounds of the Perry Housing Projects in Buffalo, including Varner’s apartment.On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.
Varner was arrested in April 2013 along with 11 others. Defendants Melvin Tucker, Nannette Brown, Brandon Atkins, Eric Ross, and Phayon Redmond have also been convicted. Charges are pending against Tyshawn Bradley, Dallas McLamore, Tashawn Gay, David Varner, Latifah Donaldson, and Tara Robinson. 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 Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
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 Charles Humphrey, 46, 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. In addition, Humphrey sold a quantity of cocaine to a confidential source on January 13, 2010.
The defendant was arrested along with four others. Humphrey is the fourth defendant to be 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 17, 2015 at 1:00 p.m. before Judge Arcara.
Arizona Man Sentenced on Tax 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 Joseph DeRomanis, 39, of Phoenix, Arizona, who was convicted of tax evasion by filing false tax returns, was sentenced to six months home detention and five years probation by Chief U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution totaling $186,284 to the Internal Revenue Service.
Assistant U.S. Attorney John J. Field, who handled the case, stated that DeRomanis filed false tax returns for tax years 2004 through 2007. The returns resulted in the defendant obtaining fraudulent income tax refunds totaling $132,885.
The sentencing 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.
Buffalo Man Charged with Producing and Possessing 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 David Young, 28, of Buffalo, NY, was arrested and charged by criminal complaint with production and possession of child pornography. The production charge carries a minimum sentence of 15 years and a maximum of 30 years in prison and the possession charge carries a maximum penalty of 20 years in prison along with a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that a West Seneca Schools resource officer obtained information that the defendant had images of child pornography on cellular telephone. The resource officer notified Cheektowaga Police who began an investigation. The investigation resulted in law enforcement officers locating images of child pornography, some that were produced by the defendant.
Young is being held pending a detention hearing scheduled for May 4, 2015 at 3:00 p.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Cheektowaga Police Department, under the direction of Chief David Zack and the West Seneca Police Department, under the direction of Chief Daniel Denz.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Arrested for Drug 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 David Medina, 49, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, David Medina was arrested in the City of Buffalo, and was in possession of approximately 100 grams of heroin that was to be distributed.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Medina is being held pending a status conference scheduled for May 13, 2015 at 10:00 a.m.
The criminal complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on 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 Melvin Tucker, 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, crack cocaine, was sentenced to 36 months by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the prosecution, stated that between the summer of 2012 and April 3, 2013, the defendant, along with several co-defendants, possessed and distributed crack cocaine. Specifically, as part of this conspiracy, a co-defendant maintained several locations on the grounds of the Perry Housing Projects in Buffalo. Tucker purchased crack cocaine from this co-defendant and then distributed the drug to his own customers. Tucker did not sell cocaine base to customers on the grounds of the Perry Housing Projects, rather to customers in other parts of Buffalo.On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.
Tucker was arrested in April 2013 along with 11 others. Defendants Nannette Brown, Brandon Atkins, Eric Ross, and Phayon Redmond have also been convicted. Charges are pending against Tyshawn Bradley, Dallas McLamore, Tashawn Gay, David Varner, Latifah Donaldson, and Tara Robinson. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Buffalo Man Sentenced for Wire 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 Dewayne Vass, 30, of Buffalo, NY, who was convicted of wire fraud affecting a financial institution, was sentenced to 30 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $2,400.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant was part of a scheme to defraud the government by obtaining money from the filing of false tax returns. Vass received the proceeds from one of the fraudulent tax returns which was filed with the Internal Revenue Service and for which the refund was placed on a prepaid debit card. The defendant used that card to obtain cash from an ATM totaling $6,248. The intended fraud of the Internal Revenue Service totaled $72,589.00.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The sentencing is the culmination of a joint investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.
Buffalo Man Sentenced for Bank RobberyRead 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 McClendon, Jr., 27, of Buffalo, N.Y., who was convicted of bank robbery, was sentenced to five years in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on July 5, 2013, co-defendant Adlyn Marie Echevarria Robles entered M&T Bank, located at 1580 Hertel Avenue in Buffalo. Robles passed the teller a demand note threatening the use of a weapon. The teller gave Robles a specific amount of money. Robles exited the M&T Bank branch with the money, and entered a vehicle driven by McClendon who drove away from the area.
On July 24, 2013, Robles entered the M&T Bank at 709 Elmwood Avenue in Buffalo and passed the teller a demand note threatening the use of a weapon. The teller gave Robles a specific amount of money. Robles exited the M&T Bank branch with the money, and once again entered a vehicle driven by McClendon who drove away from the area.
McClendon drove Robles to both M&T Bank branches knowing that Robles was going to rob the banks. Robles was sentenced to 24 months in prison.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force which includes the Amherst Police Department; Buffalo Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Cheektowaga Police Department; Erie County Sheriff’s Office; Hamburg Police Department; Lancaster Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; U.S. Border Patrol; and U.S. Immigration and Customs Enforcement–Homeland Security Investigations.
Amherst Man Arrested, Charged with Possession 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 Timothy Murphy, 50, of Amherst, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, on October 15, 2014, law enforcement officers searched the defendant’s residence on Kings Highway in Amherst. The officers recovered a computer being used by Murphy. A subsequent forensic examination determined that the computer contained approximately 123 images and one video of child pornography. Some of the images depicted children under the age of 12 years old. Some of the images also contained depictions of violence.
The defendant made an initial appearance before U.S. District Judge Hugh B. Scott. Murphy is being held pending a detention hearing on May 5, 2015 at 2:00 p.m.
The complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Police Officer Arrested, Charged with Civil Rights ViolationsRead 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 Robert Eloff Jr., 40, of Buffalo, NY, was charged by criminal complaint with two counts of deprivation of rights under color of law and one count of conspiracy to deprive an individual of rights under color of law. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
“This area is extremely fortunate to have brave and selfless women and men serving as police officers whose sworn duty is to protect and serve, said U.S. Attorney Hochul. “As has been said many times, the vast majority of our police discharge their responsibilities with the highest standards of professionalism and honor. But when an officer misuses his position and engages in unjustified violence – this Office will investigate and bring charges as appropriate.”
"When government officials act under color of law, it is imperative that their actions are not willfully unreasonable and in violation of Constitutionally granted rights, said Brian P. Boetig, Special Agent in Charge of the Buffalo Office of the FBI. “Incidents of unlawful actions by law enforcement officers reduce trust and confidence in the entire criminal justice system and make it more difficult for noble and honorable officers to beget the community's support to enhance public safety and the overall quality of life."
Assistant U.S. Attorney Joseph M. Guerra, who is handling the case, stated that the defendant is charged in connection with two separate incidents at Molly’s Pub in Buffalo in 2014.
According to the complaint, in the early morning hours of February 15, 2014, Eloff used his position as a police officer to strike and kick a victim identified as R.D. on his head and face. The attack happened while the victim was handcuffed behind his back and physically compliant.
The incident happened after R.D., who was under 21, was pushed out of the bar by a bouncer for using false identification. Once outside the bar, the victim was approached by the defendant who was wearing a shirt that said “POLICE,” a gun and handcuffs. According to the complaint, Eloff handcuffed R.D. behind his back and took him to the side of the bar along with another police officer. The complaint further states that after the victim did not answer questions from the officers, the defendant became angry and punched the victim in the right eye. After the victim fell to the ground, Eloff then put his knee on R.D.’s head. The victim was also kicked in the head. R.D. was subsequently arrested and taken to the Erie County Holding Center.
According to the complaint, a witness (Witness 1) who was with the victim at Molly’s Pub, told investigators that during the assault, the victim did not oppose Eloff and was screaming “stop.” According to Witness 1, a second witness, identified as Witness 2, recorded the incident on his cellphone. But, according to the complaint, another officer made Witness 2 delete the video from his phone. Witness 2 did take two photographs of the incident.
As for the second incident, in the early morning hours of May 11, 2014, William Sager was pushed down a flight of stairs at Molly’s Pub by Jeffrey Basil. Sager later died of his injuries and Basil was convicted in state court of murder. At the time Sager was pushed by Basil, Eloff was in Molly’s Pub working security for the bar.
According to the complaint, a victim identified as D.H. was with William Sager the night he was pushed down the stairs. The complaint states that D.H saw people carry Sager outside after he fell down the stairs. When the victim went outside, Sager was propped up, sitting the on the ground. As he was asking officers what happened, Eloff grabbed D.H. and told him to get out of there. The victim then walked away and called 911. When other officers arrived, the victim asked for Eloff’s name and badge number at which point he was arrested and handcuffed by Eloff and seated next to Sager. D.H. was later taken from the scene by other officers. According to the complaint, Eloff told officers that D.H. had physically interfered with Eloff and others inside the bar. A later review of surveillance video from Molly’s Pub revealed that the victim never confronted or was physical with Eloff in the bar. According to the complaint, Eloff caused D.H. to be arrested for trespassing, a crime he never committed and conspired to do so.
The criminal complaint is the culmination of an investigation by Federal Bureau of Investigation and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced for Cocaine TraffickingRead 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 Calvin Turner, a/k/a Fifty, 25, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 28 grams or more of crack cocaine and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 10 years in prison by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to forfeit a 9mm pistol and rounds of ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Turner and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine crack cocaine throughout the Rochester area transported by vehicle from Pennsylvania. The investigation involved court-authorized wire taps and resulted in the arrest of 10 defendants between May and October 2012. To date, all defendants have been convicted. The defendant was arrested on June 4, 2012.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Delano A. Reid, New York Field Division, Investigators of the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.
Rochester Man Sentenced on 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 Elijah McKnight, 43, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute five kilograms or more of cocaine, was sentenced to 120 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between 2008 and November 7, 2013, McKnight conspired with others to distribute kilograms of cocaine in the Northeast side of Rochester.
The defendant was arrested November 7, 2013 after selling cocaine to confidential informant. That same day, a search warrant was executed at 497 Carter Street in Rochester, the residence of McKnight’s cocaine supplier. Law enforcement officers recovered 387 grams of cocaine, scales, packaging material, and a loaded handgun.
The sentencing is the culmination of an investigation on the part of on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, and the Greater Rochester Area Narcotics Enforcement Team (GRANET).Rochester Man Arrested, Charged with Defrauding Three Elderly Individuals in A Jamaican Lottery ScamRead 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 Roydel Nicholson, 62, of Rochester, NY, was arrested and charged by criminal complaint with mail fraud, wire fraud, and money laundering. The charges carry a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, the defendant defrauded three individuals out of a total $138,393.00 in a Jamaican lottery scheme. The victims include a 94 year old man from California, a 74 year old man, also from California, and a 77 year old woman from Detroit.
The complaint states that the victims were led to believe in telephone conversations that they had won various prizes such as $1,000,000. But in order to receive their prizes, the victims had to pay taxes, transportation fees and other various fees. Of the $138,393.00 Nicholson allegedly received from the victims, the complaint states that the defendant wired $114, 520.97 to individuals in Jamaica.
The criminal complaint 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 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.
Rochester Man Sentenced in Large Scale Marijuana ConspiracyRead 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 Marrero, 32, of Rochester, NY, who was convicted of conspiracy to distribute marijuana, was sentenced to 36 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Marrero and six co-defendants were arrested in January 2013. Between 2007 and 2013, the defendant and others obtained and distribute more than 100 kilograms of marijuana, the majority of which was obtained from identified sources located on the Akwesasne Mohawk Indian Reservation in the Northern District of New York. On several occasions, the defendant personally traveled to the Akwesasne Mohawk Indian Reservation in order to obtain marijuana which was later sold in the Rochester area. Marrero is the fourth person to be sentenced in this conspiracy.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, New York Field Office, along with officers and investigators with the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the New York State Police under the direction of Major Craig Hanesworth.
Ransomville Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Timothy S. Woodean, 52, of Ransomville, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $2,000,000 fine.Assistant U.S. Attorney Edward H. White, who is handling the case, stated that, between 2002 and April 2010, the defendant conspired with Edward C. Lynch, Bonnie R. Gordon, David G. Davis, and others to possess and distribute 100 kilograms or more of marijuana. Woodean and others arranged for bulk quantities of marijuana to be smuggled from Canada into the United States, often times using spare tires stuffed with marijuana. The vehicle used in the smuggling would then be driven to one of several locations in Niagara County, where the tire would be taken apart and the marijuana recovered for further distribution to suppliers, including Davis. Davis and other suppliers purchased multiple kilogram quantities of the marijuana that had been smuggled into the United States and then sold the marijuana to other customers. Similarly, money was pooled by and between the defendant, Lynch, and others, which was secreted and transported to Canada from the United States for payment for the bulk quantities of marijuana referenced above.
Defendants Lynch and Gordon have been convicted and are awaiting sentencing. Charges are pending against Davis. 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Sentencing is scheduled for July 31, 2015, before Judge Arcara.
National Crime Victims' Rights Week “Engaging Communities. Empowering Victims”Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO--U.S. Attorney William J. Hochul, Jr. commemorated National Crime Victims' Rights Week by hosting a Victims' Rights awards ceremony today. National Crime Victims' Week is held each year to celebrate landmark federal legislation that was enacted 27 years ago on behalf of victims of crime.In 2004, Congress passed the Crime Victims’ Rights Act (CVRA). The CVRA grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law.
During the ceremony, U.S. Attorney William J. Hochul, Jr. presented awards in recognition of National Crime Victims' Week. This year's award recipients are:
Assistant United States Attorney - Mary C. Baumgarten was honored for her exceptional work in obtaining restitution on behalf of victims.
Federal Law Enforcement Agent - United States Immigration and Customs Enforcement Special Agents Patricia Calleri and Peter Uzarowski were honored for their tireless efforts on behalf of victims of human trafficking.
Local Law Enforcement - Buffalo Police Detectives Brian Ross and Mary Evans were honored for their efforts on behalf of victims on gang violence.
Victim Advocate - David Kagle, Esq., Legal Assistance of WNY, was honored for his efforts to promote the positive possibilities of “whistleblower” actions.
United States Attorney’s Office Support Staff - Ann Morrow was honored for her aggressive efforts to obtain restitution on behalf of victims.
The ceremony, which was organized by Victim Witness Coordinator Sharon Knope, was attended by numerous friends, colleagues, and family members of the award recipients. A special award was presented to a victim of crime for her courage and dedication to the criminal justice system.
"This Office is please to celebrate the tremendous dedication of those who work incredibly hard on behalf of victims of crime,” said U.S. Attorney Hochul. “An event such as this provides the opportunity to reflect that without the efforts of law enforcement, violent predators would pursue the most vulnerable without fear of consequence. At the same time, we recognize the great strength and courage of victims willing to assist law enforcement and see that justice is done.”
Former North Tonawanda Resident Pleads Guilty to Pharmacy RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Phillip A. Krehan, 32, currently of Addison, Maine and formerly of North Tonawanda, NY, pleaded guilty to pharmacy robbery before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on May 9, 2013, Krehan walked into the Walgreens Pharmacy at 1066 Payne Avenue in North Tonawanda and threatened a pharmacy employee while demanding fentanyl patches and Opana tablets, which were then given to the defendant.
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 North Tonawanda Police Department, under the direction of Chief William Hall.
Sentencing will be scheduled at a later date before Senior U.S. District Judge William M. Skretny.
Buffalo Man Sentenced for Committing Six Bank RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Michael Mitchell, a/k/a Max, 22, of Buffalo, NY, who was convicted of six counts of bank robbery, was sentenced to 108 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S Attorney Mary Catherine Baumgarten, who handled the case, stated that between October 2013 and January 9, 2014, Mitchell committed six bank robberies and aided another individual in committing a seventh robbery in the Buffalo and Rochester, NY areas.
In October 2013, the defendant planned then aided another individual in robbing the First Niagara Bank at 529 Elmwood Avenue in Buffalo on October 23, 2013. Mitchell also committed the following robberies:
• December 3, 2013, First Niagara Bank, 529 Elmwood Avenue, Buffalo
• December 16, 2013, First Niagara Bank, 805 Main Street, Niagara Falls
• December 26, 2013, First Niagara Bank, 70 Lyell Avenue, Rochester
• December 27, 2013, KeyBank, 201 Amherst Street, Buffalo
• January 3, 2014, M&T Bank, 130 Grant Street, Buffalo
• January 9, 2014, First Niagara Bank, 1248 Abbott Road, LackawannaDuring each of the robberies, Mitchell passed a note to the teller demanding money and threatened the use of a weapon.
“While some bank robbery investigations may take a bit longer than others, this case demonstrates that eventually all who commit such crimes get caught,” said U.S. Attorney Hochul.
Co-defendant Sheila L. Cassata pleaded guilty to bank robbery and will be sentenced on June 5, 2015 at 12:00 p.m.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lackawanna Police Department, under the direction of Chief James Michel, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Rochester Police Department, under the direction of Chief Michael Ciminelli.
Canadian Man Sentenced for Making A False Statement Involving A Smuggling Attempt at the BorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Tonin Ndoja, 50, a citizen of Canada, who was convicted of making a false statement to a U.S. Customs and Border Protection Officer involving his attempt to smuggle aliens into the United States, was sentenced to time served by U.S. District Judge Richard J. Arcara.Assistant U.S Attorney Scott S. Allen, Jr., who handled the case, stated that on November 12, 2014, Ndoja attempted to enter the United States from Canada at the Peace Bridge. The defendant, a Free and Secure Trade (FAST) card holder and member of the trusted traveler program, was driving a tractor trailer carrying rolled steel. During a secondary inspection, officers with Customs and Border Protection discovered Ndoja and Bardok and Kleda Tusha, both citizens of Albania, hidden inside the cab of the tractor trailer under a blanket.
Defendants Bardok and Kleda Tusha pleaded guilty to a misdemeanor charge of illegal entry and were sentenced to time served.
The case is the result of an investigation by Customs and Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey.
Buffalo Man Sentenced on Drug and Money Laundering 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 Anthony Avery, 47, of Buffalo, NY, who pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and money laundering, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that beginning in early 2010 and continuing through June 14 2011, the defendant distributed between five and 15 kilograms of cocaine in the Buffalo area. Avery initially obtained cocaine from a source in Ohio. This source utilized Linda Johnson to transport the cocaine to Avery in Buffalo. Later on, Avery obtained cocaine from Tyree Bishop, who was obtaining the cocaine in Detroit, Michigan.
Co-defendants Spiwe Barnes, Linda Johnson and Tyree Bishop have all been convicted.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. Assistance was also provided by the Erie County District Attorney’s Office, under the direction of Frank Sedita.
Buffalo Man Sentenced for Cocaine ConspiracyRead 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 Charles Palmer, Sr., 51, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 12 years in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between November 2010 and June 2011, Palmer conspired with others to distribute cocaine in the City of Buffalo. On May 20, 2011, June 2, 2011 and June 7, 2011, the defendant sold cocaine to a confidential source working with the Federal Bureau of Investigation.
Palmer is the last of 11 defendants charged in the conspiracy to be convicted and sentenced.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation
Buffalo Man Pleads Guilty to Possession 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 Timothy W. Marlnee, 58, of Buffalo, NY, pleaded guilty to possession of child pornography before U.S. District Court Judge Richard J. Arcara. The charge carries a minimum penalty of 10 years, am maximum of 20, and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on November 13, 2013, law enforcement officers searched the defendant’s residence on Chippewa St. in Buffalo. The officers recovered a laptop computer being used by the Marlnee. A subsequent forensic examination determined that the computer contained over 950 images of child pornography. Some of the images depicted children under the age of 12 years old. Some of the images also contained depictions of violence. Marlnee is a registered sex offender as a result of state convictions in 1985 and 1993.
The plea is the culmination of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
Sentencing is scheduled for August 3, 2015 at 1:00 p.m. at Judge Arcara.
Michagan Man Sentenced for Role in Access Device FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Deantuan Wiley, 26, of Southfield, MI., who was convicted of possessing more than 15 counterfeit access devices with intent to defraud, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara. In addition, Judge Arcara ordered the defendant to make restitution to several victim banks totaling $6,406.Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that Wiley and three companions were found to be in possession of 110 counterfeit access devices when the defendants were subjected to a customs inspection at the Lewiston Bridge on July 3, 2013. The fraudulent devices included Visa and MasterCard credit cards and gift cards that were purchased with counterfeit credit cards. The defendant, along with co-defendants George Brown, Rodney Gilliam, and Raina Johnson, used several counterfeit access devices to make, and attempt to make, purchases of gift cards and merchandise in several stores in Connecticut, Rhode Island, Pennsylvania and New York. After finding the counterfeit access devices in the car driven by Wiley, Department of Homeland Security agents obtained store security films which captured all four defendants making numerous purchases with counterfeit access devices.
Brown and Gilliam have also been convicted. Charges are pending against Johnson. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation by of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.Major Cocaine and Heroin Trafficker Pleads Guilty, Agrees to Forfeit Love and Hip Hop Income and Other AssetsRead 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 Mendeecees Harris, 36, of the Bronx, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum 40 years, a fine of $5,000,000.00, or both. The defendant also agreed to the forfeiture of assets totaling at least $100,000 which represents proceeds from the drug trafficking conspiracy.Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that the defendant participated in a conspiracy to distribute heroin and cocaine from 2005 until August 2012. Harris admitted that, from at least 2006 through 2008, in New York City, he participated in the distribution of quantities of heroin and cocaine with others to individuals who were transporting the drugs to Rochester and distributing them. At least 40 kilograms of cocaine and a kilogram of heroin were involved in this conduct.
The defendant, who has been appearing recently as a cast member of the VH-1 television show, Love and Hip Hop, New York, agreed to forfeit all of his income from that show and personal appearances while he is awaiting sentencing in this case. Harris agreed to forfeit all of that income, amounting to at least $100,000 cash, as well as a 2011 Audi R8 vehicle, as substitute assets representing proceeds of his illegal activities.
The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, investigators with the Rochester Police Department, under the direction of Chief Michael Ciminelli, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for August 31, 2015, at 3:00 p.m. before Judge Geraci.
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y.- U.S. Attorney William J. Hochul, Jr. announced today that Mendeecees Harris, 36, of the Bronx, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum 40 years, a fine of $5,000,000.00, or both. The defendant also agreed to the forfeiture of assets totaling at least $100,000 which represents proceeds from the drug trafficking conspiracy.Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that the defendant participated in a conspiracy to distribute heroin and cocaine from 2005 until August 2012. Harris admitted that, from at least 2006 through 2008, in New York City, he participated in the distribution of quantities of heroin and cocaine with others to individuals who were transporting the drugs to Rochester and distributing them. At least 40 kilograms of cocaine and a kilogram of heroin were involved in this conduct.
The defendant, who has been appearing recently as a cast member of the VH-1 television show, Love and Hip Hop, New York, agreed to forfeit all of his income from that show and personal appearances while he is awaiting sentencing in this case. Harris agreed to forfeit all of that income, amounting to at least $100,000 cash, as well as a 2011 Audi R8 vehicle, as substitute assets representing proceeds of his illegal activities.
The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, investigators with the Rochester Police Department, under the direction of Chief Michael Ciminelli, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for August 31, 2015, at 3:00 p.m. before Judge Geraci.
Guatemalan Man SentencedRead 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 Josue Joel Castaneda-Cuyuch, 31, a citizen of Guatemala, who was convicted of illegal reentry after having been previously deported and removed from the United States, was sentenced to time served (seven months) by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on September 11, 2014, the defendant, an alien who had previously been deported and removed from the United States on August 20, 2010, was found in the United States without having obtained the consent of the Attorney General of the United States.
The sentencing is the result of an investigation by the United States Border Patrol, under the direction Steven J. Oldman, Patrol Agent in Charge.
Rochester Man Pleads Guilty to Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that James Bloom, 32, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Edward H. White, who is handling the case, stated that the defendant robbed four banks:
• January 6, 2014, Key Bank, 2929 Union Road, Cheektowaga, NY.
• January 30, 2014, Key Bank, 4248 Delaware Avenue, Tonawanda, NY
• February 10, 2014, Citizens Bank, 2040 George Urban Boulevard, Depew, NY.
• February 14, 2014, First Niagara Bank, 3488 Amelia Drive, Orchard Park, NY.During each robbery, Bloom handed the teller a note referencing explosives. One note read “I’m wired and ready to blow.”
The plea is the culmination of an investigation by the Federal Bureau of Investigation, the Cheektowaga Police Department, under the direction of Chief David Zack, the Tonawanda Police Department, under the direction of Chief Anthony Palombo, and the Orchard Park Police Department, under the direction of Mark Pacholec.
Sentencing is scheduled for July 30, 2015 at 1:00 p.m. before Judge Arcara.
Orchard Park Man Pleads Guilty to Health Care 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 Gary Wannamacher, 50, of Orchard Park, NY, pleaded guilty today before U.S. District Court Judge Elizabeth A. Wolford, to health care fraud. The charges carry a maximum sentence of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated the defendant is the owner of Spring Creek Athletic Club in Springville, NY. Between January 2009 and December 31, 2012, Wannamacher submitted fraudulent claims to private health insurance companies for reimbursement of health programs offered at the athletic club that were not actually attended by the beneficiaries listed in the claims.
For instance, as part of the Silver Sneakers program, members of certain insurance companies could attend programs at the athletic club for no charge. When members attended, the athletic club was allowed to submit a claim for reimbursement to the insurance companies. The defendant submitted claims for reimbursement for programs not actually attended by members including claims for individuals who were out of town on the date of the claim form or who had recently had major surgery and did not attend the gym following the surgery.
The Government also contends that the defendant submitted claims for reimbursement for programs supposedly attended by two individuals after the dates of their deaths.
The plea is the culmination of an investigation by the Federal Bureau of Investigation’s Western New York Health Care Fraud Task Force which includes the New York State Attorney General’s Office–Medicaid Fraud Control Unit, New York State Department of Financial Services, U.S. Department of Health and Human Services–Office of Inspector General–Office of Investigations, U.S. Department of Labor-Office of Inspector General, U.S. Department of Veterans Affairs, and U.S. Food and Drug Administration.
Sentencing is scheduled for September 21, 2015 at 10:00 a.m. before Judge Wolford.
East Amherst Man Indicted for Bankruptcy 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 a federal grand jury has returned an indictment charging Marc Korn, 58, of Amherst, NY, with bankruptcy fraud. The charges carry a maximum sentence of five years and a fine of $250,000.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the indictment, Korn made false statements under oath during a bankruptcy proceeding concerning the ownership of safe deposit boxes. The indictment further states that the defendant failed to disclose life insurance policies transferred to another person, and concealed assets from his creditors.
Korn was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
Korn is currently under federal indictment on charges of wire fraud, bank fraud, and failure to pay over employment taxes, as well as making false statements to law enforcement which carry a maximum penalty of 30 years in prison, a fine of $1,000,000 or both. A trial on those charges is scheduled to begin on May 20, 2015.
Today’s arrest is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Clarence Physician Pleads Guilty to Distributing Controlled SubstancesRead 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 Matthew Bennett, 49, of Clarence, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to unlawfully distributing and dispensing oxycodone, a controlled substance. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.As part of his plea, the defendant will surrender his medical license. Bennett will also forfeit $19,000 in United States currency.
“By putting personal greed ahead of his legal and professional obligations, this doctor crossed the line and in effect became a drug dealer with a degree,” said U.S. Attorney Hochul.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on seven occasions between May and July 2012, Bennett issued prescriptions for controlled substances to undercover law enforcement officers without a proper medical examination and outside the norms of professional medical treatment. In addition, on several occasions, Bennett gave prescriptions to the undercover officers in exchange for items such as paper products and a gas grill.
Some of the prescriptions were written at the defendant’s office at 624 River Road in North Tonawanda but physical examinations were never performed. Other prescriptions were dispensed at Bennett’s home on Hunting Valley Road in Clarence.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Niagara County Drug Task Force, under the direction of Sheriff James Voutour, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the West Seneca Police Department, under the direction of Chief Daniel Denz, and the New York State Attorney General=s Medicaid Fraud Control Unit.
Sentencing is scheduled for July 30, 2015 at 12:30 before Judge Arcara.
Albion Man Arrested for Importing Synthetic DrugsRead 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 Donald Stirk, 35, of Albion, NY, was arrested and charged by criminal complaint with possession with intent to distribute and distribution of a Schedule I controlled substance, conspiracy to import and importing a Schedule I controlled substance, and smuggling. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Frank Pimentel, who is handling the case, stated that according to the complaint, on March 5, 2015, Customs and Border Protection officers in Memphis, Tennessee selected a package mailed from China to a “Donald Starks” in Albion, NY for routine inspection. The contents of the package were listed as “Betaine HCL,” a dietary supplement. Further inspection revealed the package actually contained Alpha-PVP, a Schedule I controlled substance.
The complaint further states that on March 13, 2015, law enforcement officers determined there was another package from China addressed to “Donald Starks” at the Albion Post Office. Further inspection revealed the package contained Alpha-PVP. As the investigation continued, law enforcement officers continued to identify more packages from China intended for the defendant.
On April 15, 2015, a search warrant was executed at Stirk’s residence on State Route 31 in Albion. According to the complaint, the defendant purchased the chemicals to help him with his mental illness. Stirk also sold the chemicals to another individual.
Following his arrest, the defendant made an initial appearance on April 17, 2015 before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on April 23, 2015.
The complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced for Drug and Health Care Fraud OffensesRead 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 Michael Marcera, Sr., 57, of Rochester, NY, who was convicted of conspiracy to possess oxycodone with the intent to distribute and health care fraud, was sentenced to time served (97 months in prison) by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to pay restitution totaling $216,000 to Excellus BlueCross BlueShield, New York State Workers Compensation [ACE ESIS Inc.], Preferred Care and Allstate Insurance Company.Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that between January 2003 and February 2007, the defendant participated in a criminal scheme with others to obtain from a medical doctor prescriptions for oxycodone, a controlled substance, by representing to the medical doctor that the medication was medically necessary, while knowing that the medication, in fact, was not medically necessary. After obtaining the prescriptions from the medical doctor, Marcera and others had each prescription filled at a pharmacy and then sold the medications for profit. The victim health care benefits programs (Excellus BlueCross BlueShield, New York State Workers Compensation [ACE ESIS Inc.], Preferred Care and Allstate Insurance Company) reimbursed the pharmacies for the costs associated with the filling of the fraudulent prescriptions.
The sentence is the culmination of an investigation on the part of Special Agents of 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 Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Thomas F. O’Donnell, as well as Investigators from the New York State Insurance Department's Frauds Bureau, under the direction of Frank Orlando.
Rochester Man Indicted on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned three-count indictment charging Travis L. Marshall, a/k/a Famous, a/k/a Fame, 35, of Rochester, NY, with possession with intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition. The charges carry a minimum penalty of five years in prison, a maximum of life and a $250,000 fine.Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the indictment, on March 10, 2015, Marshall was arrested operating a vehicle that contained marijuana and a loaded, .380 caliber pistol with a defaced serial number. The defendant was convicted in June 2003 in Monroe County court which prevented him from legally possessing a gun.
The indictment is the culmination of a wiretap investigation conducted by the New York State Police, under the direction of Major Craig Hanesworth, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
Former Store Owner Sentenced on Drug 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 Charles Fitzgerald, 39, of Rochester, NY, who was convicted of possession of a controlled substance with intent to distribute, was sentenced to 30 months in prison and ordered to forfeit $771,109 by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that the defendant admitted that on July 25, 2012, he possessed with intent to distribute various synthetic controlled substances and synthetic controlled substance analogues at both his residence in Rochester and at one of the stores that he owned, the 420 Emporium located in Batavia, NY. As part of the plea agreement, Fitzgerald will forfeit $771,109 in United States currency that was seized during the execution of a search warrant at his residence at 221 West Hills Estates on July 25, 2012.
Co-defendant Amber Snover was also convicted and will be sentenced on June 23, 2015. Three employees of Fitzgerald’s, who worked at the 420 Emporium stores located in Batavia and Henrietta, NY, have also been convicted in this case and are awaiting sentencing.
Today’s sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Agency, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause.
Former Buffalo Employee Pleads Guilty to Theft of Government FundsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Tasha Collier, 38, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr., to theft and conversion concerning programs receiving federal funds. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.Assistant U.S. Attorney Joseph M. Guerra, who is handling the case, stated that the defendant was employed as a clerk in the Licensing Department of the City of Buffalo between July 2013 and August 25, 2014. As part of her duties as a clerk, Collier was responsible for collecting payments in cash and by check for licenses issued by the City of Buffalo. Between September 2013 and August 2014, the defendant stole approximately $22,000 in cash, funds that were supposed to be remitted to the City Treasury Department.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for July 17, 2015 at 11:00 a.m. before Chief Judge Geraci.Accused Isis Recruiter Now Charged with Assault of Jail DeputiesRead 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 in Rochester has returned an Indictment charging Mufid A. Elfgeeh, 31, of Rochester, NY, with three counts of assault. The charges carry a maximum sentence of 20 years in prison.
Assistant U.S. Attorneys Brett A. Harvey and Frank H. Sherman, who are handling the case, stated that according to the indictment, on November 10, 2014, Elfgeeh assaulted three jail deputies at the Monroe County Jail.
Elfgeeh was previously indicted in September 2014 and charged with three counts of attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a/k/a the Islamic State of Iraq and Syria (ISIS), a designated foreign terrorist organization that is currently conducting a campaign of violence in Syria and Iraq, one count of attempted murder of current and former members of the United States military, one count of possessing firearms equipped with silencers in furtherance of a crime of violence, and two counts of receipt and possession of unregistered firearm silencers. At the time of the alleged assaults at the Monroe County Jail, Elfgeeh was being detained on these earlier charges and he remains in custody.
The latest indictment is the result of an investigation by the Federal Bureau of Investigation Joint Terrorism Task Force which includes the Monroe County Sheriff’s Office, the Greece Police Department, New York State Police, Rochester Police Department, U.S. Border Patrol, and U.S. Customs and Border Protection.
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.
Two Union Employees Plead Guilty to Thefts 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 Jerad Stevens, 29, of, Ithaca, NY, and Gregory Haller, 45, of Lawrenceville, Pennsylvania, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to stealing from a health care benefit program. The charge carries a maximum sentence one year in prison, a fine of $100,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Stevens and Haller, members 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.
Harnas prepared false dental receipts, and provided them to Stevens, Haller and others to support fraudulent claims for reimbursement by Harnas, Stevens, Haller and others, that totaled approximately $65,000.
Harnas was convicted for his role in the crimes and is awaiting sentencing.
The pleas are 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.
Haller is scheduled to be sentenced on July 13, 2015, at 10:00 a.m., Stevens on July 14, 2015 at 9:30 a.m., both before Magistrate Judge Payson.
Four Defendants Charged with Passing Counterfeit MoneyRead 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 four defendants have been charged by criminal complaint with distributing and passing counterfeit currency. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Under arrest are Tiffany Key, 42, Shamell McCullough, 24, and Turemail McCullough, 23, all of Rochester. Key and Shamell McCullough made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and were released on conditions. Turemail McCullough will make an initial appearance this afternoon at 3:00 p.m. before Judge Payson.
A fourth defendant, Dashawn Sanders, is still being sought by police.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, ON February 9, 2015, an investigating began into multiple passes of counterfeit currency in Monroe County, NY. The four named defendants were identified in part by video surveillance and photographs from various victim merchants. Some of the alleged illegal transactions include:
• On February 16, 2015, Tiffany Key passed $1,340 in counterfeit $20 Federal Reserve Notes at a Walmart located Cicero, NY.
• On March 9, 2015, Tiffany Key and Shamell Mccullough passed $1,020 in counterfeit $20 Federal Reserve Notes at a Walmart located in Webster, NY.
• On March 9, 2015, Dashawn Sanders and Shamell Mccullough passed $900.00 in counterfeit $20 Federal Reserve Notes at a Walmart located in Irondequoit, NY.
• On March 10, 2015, Tiffany Key, Shamell Mccullough and Turemail Mccullough passed $1,640 in counterfeit $20 Federal Reserve Notes at a Walmart located in Greece, NY.
• On March 10, 2015, Tiffany Key and Dashawn Sanders passed $1,300.00 in counterfeit $20 Federal Reserve Notes at a Dollar General Store located in Greece, NY.
• On March 12, 2015, Dashawn Sanders passed $3,800.00 in counterfeit $20 Federal Reserve Notes at a Walmart located in Seneca Falls, NY.
• On March 17, 2015, Turemail Mccullough passed $980.00 in counterfeit $20 Federal Reserve Notes at a Walmart located in Henrietta, NY.
According to the complaint, the counterfeit currency is being obtained from the New York City area and brought to the Rochester area to be distributed and passed. The defendants are accused of passing a total of $92,960 in counterfeit currency.The complaint is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.
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.
Four Defendants Charged with Passing Counterfeit MoneyRead 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 four defendants have been charged by criminal complaint with distributing and passing counterfeit currency. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Under arrest are Tiffany Key, 42, Shamell McCullough, 24, and Turemail McCullough, 23, all of Rochester. Key and Shamell McCullough made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and were released on conditions. Turemail McCullough will make an initial appearance this afternoon at 3:00 p.m. before Judge Payson.
A fourth defendant, Dashawn Sanders, is still being sought by police.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, ON February 9, 2015, an investigating began into multiple passes of counterfeit currency in Monroe County, NY. The four named defendants were identified in part by video surveillance and photographs from various victim merchants. Some of the alleged illegal transactions include:
• On February 16, 2015, Tiffany Key passed $1,340 in counterfeit $20 Federal Reserve Notes at a Walmart located Cicero, NY.
• On March 9, 2015, Tiffany Key and Shamell Mccullough passed $1,020 in counterfeit $20 Federal Reserve Notes at a Walmart located in Webster, NY.
• On March 9, 2015, Dashawn Sanders and Shamell Mccullough passed $900.00 in counterfeit $20 Federal Reserve Notes at a Walmart located in Irondequoit, NY.
• On March 10, 2015, Tiffany Key, Shamell Mccullough and Turemail Mccullough passed $1,640 in counterfeit $20 Federal Reserve Notes at a Walmart located in Greece, NY.
• On March 10, 2015, Tiffany Key and Dashawn Sanders passed $1,300.00 in counterfeit $20 Federal Reserve Notes at a Dollar General Store located in Greece, NY.
• On March 12, 2015, Dashawn Sanders passed $3,800.00 in counterfeit $20 Federal Reserve Notes at a Walmart located in Seneca Falls, NY.
• On March 17, 2015, Turemail Mccullough passed $980.00 in counterfeit $20 Federal Reserve Notes at a Walmart located in Henrietta, NY.
According to the complaint, the counterfeit currency is being obtained from the New York City area and brought to the Rochester area to be distributed and passed. The defendants are accused of passing a total of $92,960 in counterfeit currency.The complaint is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.
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.
Bookie Pleads Guilty to Illegal Gambling and Money LaunderingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Paul Borrelli, 70, of Rochester, NY, pleaded guilty to illegal gambling and money laundering before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine. The defendant has forfeited over $3,200,000 in assets.Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Paul Borelli conducted an illegal gambling business with co-defendants Mark Ruff, 40, of Connecticut and Joseph Ruff, 32, of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites and involved at least $76 million in gross wagers.
Specifically, between January 13, 2012, and April 25, 2014, Borrelli deposited quantities of United States Currency into a Bank of America account, proceeds of the illegal internet gambling business. On July 5, 2012, Borrelli withdrew and transferred of $14,919.91 from the account by check the defendant made payable to the City of Rochester Treasurer.
Paul Ruff was convicted and sentenced to nine years in prison. Joseph Ruff was also convicted and sentenced to 41 months in prison.
The plea is the culmination of an investigation conducted by the Organized Crime Drug Enforcement Task Force, which included the Federal Bureau of Investigation, Internal Revenue Service, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, Rochester Police Department, under the direction of Chief Michael Ciminelli, Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Greece Police Department, under the direction of Chief Patrick Phelan, the Webster Police Department, under the direction of Acting Chief Joseph Rieger, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for September 8, 2015 at 3:00 p.m. before Judge Geraci.
Two Individuals Sentenced on Marijuana 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 Charles Palmer, Jr., 31, of Buffalo, NY, who was convicted of possession with intent to distribute, and to distribute, marijuana, was sentenced to one year probation by Senior U. S. District Judge William M. Skretny.
Co-defendant Aleathea Stone, 43, of Buffalo, who was convicted of possession of marijuana, was sentenced to time served and one year supervised release, also by Judge Skretny.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between January 2011 and June 2011, Charles Palmer, Jr. conspired with his father, co-defendant Charles Palmer, Sr., to possess and distribute marijuana. The investigation utilized a court authorized wiretap which included multiple phone calls regarding the distribution of marijuana between Charles Palmer, Jr. and Charles Palmer, Sr.
On March 1, 2011, Aleathea Stone received 15 pounds of marijuana from Charles Palmer, Sr. and gave it to another individual.
Charles Palmer, Sr. was also convicted and is scheduled to be sentenced April 22, 2015.
The sentencings are the culmination of an investigation by the Federal Bureau of Investigation.
Three Individuals Charged in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has indicted Chad Weishan, 28, Jessica Kazmark, 26, both of Buffalo, NY, and Julie Reed, 41, of Houston, TX on charges of conspiracy to possess with intent to distribute, and to distribute fentanyl and oxycodone, and carisoprodol (Soma) and alprazolam (Xanax). The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment, Weishan and Kazmark obtained prescription medications Reed in Salamanca, NY. In exchange for a cut of the prescriptions, the defendants picked up the drugs, and shipped the partial scripts to Reed in Houston. On at least two occasions, the partial prescription medications were shipped to Reed at the Federal Public Defender’s Office in Houston where she was employed. Julie Reed has not yet been taken into custody but efforts continue.
“This is the second prosecution by our Office today which seeks to combat the growing problem of illegal prescription drug abuse in our area,” said U.S. Attorney Hochul.
Weishan and Kazmark made an initial appearance on April 14, 2015 before U.S. Magistrate Judge Hugh B. Scott and were released on conditions.
The criminal complaint is the culmination of an investigation by the Buffalo and Houston Offices of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Bureau of Indian Affairs, Office of Justice Services, Division of Drug Enforcement, under the direction of Director Darren Cruzan, and the Salamanca Police Department, under the direction of Chief Troy Westfall.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Charged with Possession and Distribution of Synthetic CannabinoidsRead 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 Mohammed W. Akram, 27, of Rochester, NY, was arrested and charged by criminal complaint with possession with intent to distribute and distribution of, controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that according to the complaint, between January 22, 2015 and April 14, 2015, the defendant sold synthetic cannabinoids out of Best in the West, a store he operated on Jay St. in Rochester.
Following multiple undercover purchases over a period of time, Akram was stopped by law enforcement officers on April 14, 2015, as he was headed to Buffalo from Rochester. During a search of the defendant’s vehicle on the I390, officers recovered three gallons of suspected liquid synthetic cannabinoids.
Subsequently, search warrants were executed at the defendant’s store and residence above the store. During the search, officers found additional synthetic cannabinoids, both liquid form (approximately 850 small bottles) and “spice” form (approximately 2000 packets).
“The public, from parents to police, need to be aware that these synthetic drugs are now being put into electronic cigarettes and ingested, said U.S. Attorney Hochul. “And like all illegal drugs, these substances can pose a serious danger to those who abuse them.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on April 16, 2015 at 2:30 p.m.
The complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, New York, New York Field Division, and the New York State Police, under the direction of Major Craig Hanesworth.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Arrested in Louisiana on Bank Robbery ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Ricky Knox, 28, of Rochester, NY, was arrested in Louisiana and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that according to the complaint, on April 10, 2015, the defendant robbed the Chase Bank on Rochester Street in Scottsville, NY. The defendant approached the teller window and demanded the teller “put 50’s and 100’s up on the counter.” Knox also told the teller to hurry. The defendant fled on foot with a specific amount of money.
The defendant was arrested on April 14, 2015 in Baton Rouge, Louisiana and will be returned to the Western District of New York at a later date.
The criminal complaint is the culmination of an investigation by the Rochester Office of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Bookie Sentenced for Money Laundering and Extortion ConspiraciesRead 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 Joseph Ruff, 32, of Rochester, NY, who was convicted of conducting an illegal gambling business, conspiracy to commit money laundering and conspiracy to collect extension of credit by extortion, was sentenced to 41 months prison and three years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.The defendant was also ordered to forfeit $1,200,000 and approximately $20,489 in funds on deposit in certain bank accounts; his lakefront residence at on Edgemere Drive in Rochester, $30,000 in lieu of a second piece of real property and any interest in approximately $60,886 seized as part of the case.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Joseph Ruff conducted an illegal gambling business with his brother Mark Ruff, 40, of Connecticut and Paul Borrelli, 66, of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites. Joseph Ruff also conspired with Mark Ruff and others to launder $230,000 in illegal gambling proceeds. Joseph Ruff delivered and deposited cash and check payments from bettors into personal bank accounts and/or business accounts of co-conspirators. He also made cash withdrawals from these bank accounts and wrote checks to third party payees from these and other bank accounts. The financial transactions were made with the intent to conceal or disguise the nature, location, source, ownership, or control of the illegal gambling proceeds, and while knowing that the cash payments and checks constituted illegal gambling proceeds.
In one instance, Joseph Ruff induced a bettor to make repayment on the extension of credit by telling the bettor that a third person had threatened to physically harm him (the defendant) if the bettor did not make repayment on the extension of credit. Thereafter, the bettor endorsed and delivered to the him a check for $230,000 as a repayment of the extension of credit for the bettor’s past gambling debt from sports wagers the bettor had placed with the him in connection with the illegal internet gambling business
Mark Ruff was convicted of money laundering and gambling charges and was sentenced to nine years in prison and ordered to forfeit $230,000. Charges against Paul Borrelli are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation conducted by the Organized Crime Drug Enforcement Task Force, which included the Federal Bureau of Investigation, Internal Revenue Service, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, Rochester Police Department, under the direction of Chief Michael Ciminelli, Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Greece Police Department, under the direction of Chief Patrick Phelan, the Webster Police Department, under the direction of Acting Chief Joseph Rieger, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Amherst Doctor Arrested for Distributing Controlled Substances and Obtaining Prescriptions by 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 Dr. Albert R. Cowie, 36, of Amherst, NY, was arrested this morning and charged by criminal complaint with unlawful distribution of a controlled substance, possession of a controlled substance by fraud, and conspiracy to commit a drug felony. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the complaint, between January 25, 2010 and March 22, 2014, the defendant, a practicing radiologist, wrote 280 illegal prescriptions for controlled substances such as Oxycodone, Percocet, and Hydrocodone. The prescriptions were distributed to three individuals who then went to local pharmacies and had the scripts filled. According to the complaint, the individuals retained some of the controlled substances for personal use but returned the remainder of the narcotics to Cowie for his own use.
The complaint states that the defendant also established a relationship with a prostitute he met at an area strip club. As the relationship continued, Cowie provided $200 a day to the prostitute to support a heroin addiction. The defendant allegedly also injected the prostitute with heroin on one occasion. Subsequently, the defendant gave the prostitute prescriptions for Xanax and Percocet.
The complaint further states that during a meeting between Cowie and a confidential witness, the defendant advised the witness to lie to insurance investigators about his alleged prescription fraud. The witness is quoted as saying to the defendant “okay so just say they were written for me even though they were written for you…is what you’re saying? Cowie replied “right.”
“At a time when many in this community continue to struggle with serious opiate addiction, today’s arrest reveals that such powerful narcotics can sometimes become available for abuse because of the illegal actions of those in the medical community, said U.S. Attorney Hochul.”
Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “Not only was Dr. Cowie abusing his power to write prescriptions for pain medication, he was abusing the prescription pills himself. As a health care professional, Dr. Cowie should have known better, but this case proves that opiate addiction is a threat to everyone, to all socio and economic strata.” SAC Hunt would like to commend the DEA Buffalo Resident Office and the United States Attorney’s Office Western District of New York for their diligent work on this investigation.
The criminal complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, the New York State Bureau of Narcotic Enforcement, under the direction of NYS Health Commissioner Howard Zucker, and the Amherst Police Department, under the direction of Chief John Askey.
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.
Amherst Doctor Arrested for Distributing Controlled SubstancesRead 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 Dr. Albert R. Cowie, 36, of Amherst, NY, was arrested and charged by criminal complaint with unlawful distribution of a controlled substance, possession of a controlled substance by fraud, and conspiracy to commit a drug felony. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the complaint, between January 25, 2010 and March 22, 2014, the defendant, a practicing radiologist, wrote 280 illegal prescriptions for controlled substances such as Oxycodone, Percocet, and Hydrocodone. The prescriptions were distributed to three individuals who then went to local pharmacies and had the scripts filled. According to the complaint, the individuals retained some of the controlled substances for personal use but returned the remainder of the narcotics to Cowie for his own use.
The complaint states that the defendant also established a relationship with a prostitute he met at an area strip club. As the relationship continued, Cowie provided $200 a day to the prostitute to support a heroin addiction. The defendant allegedly also injected the prostitute with heroin on one occasion. Subsequently, the defendant gave the prostitute prescriptions for Xanax and Percocet.
The complaint further states that during a meeting between Cowie and a confidential witness, the defendant advised the witness to lie to insurance investigators about his alleged prescription fraud. The witness is quoted as saying to the defendant “okay so just say they were written for me even though they were written for you…is what you’re saying? Cowie replied “right.”
“At a time when many in this community continue to struggle with serious opiate addiction, today’s arrest reveals that such powerful narcotics can sometimes become available for abuse because of the illegal actions of those in the medical community, said U.S. Attorney Hochul.”
Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “Not only was Dr. Cowie abusing his power to write prescriptions for pain medication, he was abusing the prescription pills himself. As a health care professional, Dr. Cowie should have known better, but this case proves that opiate addiction is a threat to everyone, to all socio and economic strata.” SAC Hunt would like to commend the DEA Buffalo Resident Office and the United States Attorney’s Office Western District of New York for their diligent work on this investigation.
The criminal complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, the New York State Bureau of Narcotic Enforcement, under the direction of NYS Health Commissioner Howard Zucker, and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul announced today that Peter Barclay, 31, of Rochester, NY, who was convicted of possession of heroin with intent to distribute and being a convicted felon in possession of a firearm, was sentenced to 78 months in prison by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on May 17, 2012, Rochester Police Officers went to the area of Ellison Street to investigate a report of a single shot being fired. Officers approached Barclay, who was with another person, to see if they had information about the incident. The defendant became verbally abusive towards the officers and, when asked for identification, threw his New York State Identification on the ground near the officers. Barclay then ran into the residence at 214 Ellison Street.
Officers went to the address and were met by Barclay and his family who let the officers into the residence to look around. Officers located a .9mm semi-automatic pistol, ammunition, and approximately 445 grams of heroin. The defendant admitted to possessing both the firearm and the heroin.
The sentencing 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, New York Field Office and the Rochester Police Department, under the direction of Chief Michael Ciminelli.