Western District of New York
Press releases recorded for this federal judicial district.
Ohio Man Arrested, Charged with FraudRead 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 Paul Lacey, 56, of Youngstown, Ohio, was arrested and charged by criminal complaint with participating in a wire fraud scheme. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that according to the complaint, Lacey traveled from Ohio to Georgia to open a bank account with Bank of America into which approximately $250,00 had been illegally transferred from an attorney’s account in Dansville, NY. With the knowledge that he had no legal right to the proceeds in the Bank of America account, the defendant then withdrew large sums of cash from the account.
Lacey made an initial appearance today before U.S. Magistrate Judge Marian W. Feldman. The defendant be detained pending a detention hearing on April 15, 2015 at 10:30 a.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation in Rochester, NY, Atlanta, Georgia and Youngstown, Ohio.
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 of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Matthew Cruz, 22, of Rochester, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum of 20 and a fine of $250,000.
Assistant U.S. Attorneys Tiffany H. Lee and Melissa M. Marangola, who are handling the case, stated that according to the complaint, on March 4, 2014, law enforcement officers went to the Mount Read Boulevard residence of the defendant. Officers seized Cruz’s computer which contained 179 videos and 186 images according to a subsequent forensic analysis. Some of the images depicted prepubescent children.
Cruz made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson. He is being held pending an appearance on April 14, 2015.
The criminal complaint is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge 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.
Irondequoit Woman Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Megan McDonald, 35, of Irondequoit, NY, was arrested and charged by criminal complaint with production, distribution and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 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 engaged in an ongoing conversation online with co-defendant Jason Cortese. He was arrested and charged with attempted production of child pornography, enticement of a minor, distribution and possession of child pornography on March 31, 2015.
During these online chats, the complaint states that McDonald expressed a sexual interest in young girls and sent Cortese numerous images of nude children, including nude images and videos of a victim identified in this case. According to the complaint, McDonald sent the images to Cortese’s phone two or three years ago. A search of the phone by law enforcement officers uncovered images and videos that appear to depict the victim as well as a second victim in this case.
The complaint also states that one of the victims was four years old when the images and videos were produced by McDonald. The defendant, according to the complaint, also produced the images of the second victim who was one year old at the time they were produced.
McDonald made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and is due back in court on April 13, 2015 at 3:00 p.m. for a detention hearing.
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, and the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former Local 17 Business Agent Pleads Guilty to Misusing Dmv DatabaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – The United States Attorney’s Office announced today that Jeffrey A. Peterson, 51, of Freedom, NY, pleaded guilty to exceeding authorized access to the New York State Department of Motor Vehicles (NYS DMV) database before Senior U.S. District Court Judge William M. Skretny. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Anthony M. Bruce, who is handling the prosecution, stated that Peterson was employed as a business agent with Local 17 of the Operating Engineers International, AFL-CIO. As a business agent, the defendant had authority to access to the NYS DMV database for the limited purpose of determining if current Local 17 members had up to date commercial drivers’ licenses.
On April 25, 2005, Peterson accessed the NYS DMV database to determine the registered owner of a vehicle that appeared at a Local 17 picket line outside Portville, NY four days earlier on April 21, 2005. Such an inquiry was outside the scope of the agreement between Local 17 and the NYS DMV. This vehicle, as it turned out, belonged to the United States Department of Labor, Office of Inspector General and was being driven by a Department of Labor Special Agent. This incident was just one of multiple violations of the agreement which resulted in the NYS DMV denying Local 17 further access to the database.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, and 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
Sentencing is scheduled for July 15, 2015 at 2:00 p.m. before Judge Skretny.
Former Union Employee Pleads Guilty ToRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced that Paul Harnas, Jr., age 30, of, Pine City, New York, pleaded guilty in federal court before United States District Judge Frank P. Geraci to conspiring to steal from a health care benefit program. The charge carries a maximum sentence 5 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Harnas, a member of the Plumbers & Steamfitters Local 267, devised a scheme to submit fraudulent dental claims seeking reimbursement from the Local 267 health fund. Harnas prepared false dental receipts, which he and others then provided to the Local 267 health fund to support fraudulent claims for reimbursement that totaled approximately $65,000.
This plea is the culmination of an investigation by Special Agents of the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office, and the New York State Department of Financial Services, Frauds Bureau, under the direction of Superintendent Benjamin Lawsky.
Harnas is scheduled to be sentenced by Judge Geraci on July 8, 2015 at 11:00 a.m.
Dmv Employee Sentenced for Mail FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – The United States Attorney’s Office announced today that Latonya Young, 44, an employee of the Erie County Clerk’s Office who was assigned to work at the New York State Department of Motor Vehicles (NYS DMV), who was convicted of mail fraud, was sentenced to time served and one years supervised release by Senior U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the prosecution, stated that Young worked as a motor vehicle representative at the NYS DMV and was authorized to conduct transactions. The defendant had access to a NYS DMV database and computer system that contained driver’s licenses, and motor vehicle registration and title records.
Between June 13, 2012, and August 30, 2012, Young unlawfully processed fraudulent duplicate title applications for a person working with the government in return for cash payments totaling $725. In processing the fraudulent documents, the defendant unlawfully forged the name of the person listed on the duplicate title applications.
Young also admitted that in 2010, she assisted another in amending a New York State license to create a fake identification. The fake identification was created to enable an individual under the legal drinking age to obtain alcohol.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, NYS Department of Motor Vehicles, under the direction of Commissioner Barbara Fiala, Buffalo Police Department, under the direction of Commissioner Daniel Derenda, NYS Department of Taxation and Finance, Criminal Investigations Division, under the direction of Commissioner Thomas Mattox, NYS Department of Financial Services, under the direction of Superintendent Benjamin Lawsky, Criminal Investigations Division, and the NYS Inspector General’s Office, under the direction of Inspector General Catherine Leahy Scott.
Webster Man Pleads Guilty to DistributingRead the Press Release
CONTACT: Karen Brown
PHONE: (716) 843-5836
FAX: (716) 551-3051ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Erik Smothers, 36, of Webster, NY, pled guilty to distributing cocaine to various individuals in Rochester, NY, between 2009 and his arrest on November 28, 2014. Smothers faces a minimum sentence of 5 years and maximum sentence of 40 years imprisonment and a $5,000,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is prosecuting the cases, stated that Smothers consistently sold ounce levels of cocaine during the five year period. He will return to court to be sentenced before United States District Court Judge Elizabeth Wolford on October 5, 2015 at 12:00 p.m.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration under the direction of Special Agent in Charge James J. Hunt, New York Field Office, with the assistance of the New York State Police under the direction of Major Scott M. Crosier.
Virgin Islands Man Pleads Guilty to Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Kevin Liburd, 41, of St. Thomas, Virgin Islands, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to defraud the United States. The charge carries a maximum penalty of five years in prison, a fine of $250,000 or both.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on January 27, 2011, the defendant, along with co-defendants Mica Donadelle and James Phillips, conspired to avoid the detection of $162,300 at the Buffalo Niagara International Airport. Phillips, an airport employee at the time, bypassed screening procedures and stored the money in an airport bathroom which was later picked up by Liburd.
Phillips has been convicted and is awaiting sentencing. Charges are still pending against Donadelle. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation.
Sentencing is scheduled for July 1, 2015 at 2:00 p.m. before Judge Skretny.
Spencerport Teacher Arrested on Child Pornography 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 Charles Kane, 46, of Spencerport, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years, a maximum of life, a $250,000 fine or both.Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that the defendant was arrested today as he attempted to meet with a person he thought was a 14 year old girl. Kane, a middle school teacher in the Rochester area, had in his possession a box of condoms, according to the complaint.
The complaint further indicates that in October 2014, the defendant posted an ad on Craigslist which read “daddy/daughter. Love younger women.” A law enforcement officer, working in an undercover capacity, posed as the father of a young daughter and conversed with Kane online for the next several months.
On January 26, 2015, another undercover officer noticed a sexually explicit ad on Craigslist which was traced back, once again, to the defendant. The officer responded to the ad in the persona of a 14 year old girl. Kane responded “down with it.” The defendant asked the girl where she lived and said he wanted to meet her. The two remained in contact through March of 2015. During online chats, Kane sent the officer photos of himself and repeatedly asked for photos of the 14 year old girl. Also during the chats, the defendant repeatedly discussed engaging in sexually explicit activity with the child and traveling to and meeting with the child for sexual purposes. One message read “I could get a room and I could sneak you there.” Kane acknowledged that he could het in “big trouble” and told the girl “this is between you and me.”
Following repeated requests, the girl agreed to meet the defendant at a theatre in Webster on April 2, 2015.
The criminal complaint is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and the Federal Bureau of Investigation Child Exploitation Task Force.
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.
Teacher’s Union Negotiator Sentenced for 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 Frank Aquila, 76, of Amherst, NY, who was convicted of fraud involving a scheme to defraud the Buffalo Educational Support Team (BEST), a union representing approximately 900 teacher’s aides and assistants in the City of Buffalo School District, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that between March 2006 and December 2011, the defendant served as the chief negotiator for BEST during 2008 collective bargaining negotiations with the City of Buffalo School District. Aquila, as chief negotiator for BEST, refused to reach final agreement with the district on a collective bargaining agreement until and unless the district agreed to allow BEST to (1) select its own insurance broker; (2) make commission payments totaling $135,000 per year for four years to an insurance broker selected by BEST; and (3) agreed to make four payments to BEST of $65,000 each for costs and expenses associated with administering health insurance benefits for its members.
The defendant failed to disclose to the district or BEST that he would share in commissions paid to the insurance broker selected by BEST, and in payments made to BEST to administer health insurance benefits for its members. Aquila unlawfully obtained $332,500.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation and the U.S. 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.
Licensed Clinical Social Worker Sentenced for Defruading Insurance CompaniesRead 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 Eugene Domenico, 62, of Lockport, NY, who was convicted of three counts of theft from a health care benefit program, was sentenced to two years probation and ordered to pay a $10,000 fine by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $100,286.35.Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant, a licensed clinical social worker in private practice, devised a scheme to charge various health care insurance providers, including Blue Cross Blue Shield, for services that were not rendered. For example, Domenico billed Blue Cross Blue Shield for services allegedly provided to a patient on January 6, 2011, knowing that services were never provided. The total loss to insurance companies was $100,286.35.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation’s Health Care Fraud Task Force.
Lackawanna Man Sentenced for Obstructing JusticeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Thomas Herring, 39, of Lackawanna, NY, who was convicted of obstruction of justice, was sentenced to two years in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on January 14, 2014, law enforcement officers provided the defendant with more than $1,000 in United States currency to purchase crack cocaine from a target the Federal Bureau of Investigation had been investigating for more than six months.
Herring was told where to go to purchase the cocaine and after exiting the location, he met up with FBI agents. The defendant then turned over a quantity of cocaine to the agents. However, based on other law enforcement techniques, agents knew that Herring had not purchased the cocaine from the target causing the FBI to prematurely terminate its investigation of the target.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation and the Lackawanna Police Department, under the direction of Chief James Michel.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Andre Owens, 49, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, before U.S. Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to buy and sell crack cocaine in the City of Buffalo.
Also charged in this case are co-defendants Anthony McCutcheon, Troy Cooley, Deandre Sparks, Williams Jefferson, Markiel Hall, Morrell Buster, Alicia Maghett and Carmella Rivera. Sparks and Hall have been convicted. Charges are pending against McCutcheon, Cooley Jefferson, Buster, Maghett and Rivera. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Federal Bureau of Investigation and the Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for July 29, 2015 at 9:00 a.m. before Judge Skretny.
Greece Man Charged with Child Pornography and Enticement 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 Jason Cortese, 33, of Greece, NY, was arrested and charged by criminal complaint with attempted production of child pornography, enticement of a minor, distribution and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a fine of $250,000.Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, a family member of a 12-year old minor notified law enforcement officials after seeing the contents of the 12-year-old’s cell phone which included chats between the minor and the defendant. A forensic examination was conducted which revealed sexually explicit conversations between the 12-year-old and Cortese. The defendant was known to the 12-year-old minor as a family friend. The minor disclosed that the two started chatting directly with one another through Facebook and then through Kik and Instagram. The chats revealed that the defendant attempted to get sexually explicit photos from the minor, sent pictures of his private area to the minor, and sent images to the minor that appeared to depict child pornography.
“This Office consistently encourages parents and guardians to monitor any technology use by their children and those in their care,” said U.S. Attorney Hochul. “This case is a perfect example of why that is so important. It also shows that once adults alert law enforcement, we can and will follow up on any and all leads, wherever they take us.”
Cortese made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman. The defendant is being held pending a detention hearing on April 2, 2015 at 10:30 a.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn and the Irondequoit Police Department, under the direction of Chief Richard Tantalo.
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.
Attorney and Fiance Sentenced for Aiding and Abetting Custom’s ViolationRead 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 Benjamin Natter, 32, an attorney, and his fiancé Ruth Martinez, 37, both of New York, who were convicted of aiding and abetting the failure to present a vehicle for inspection to customs officers, were each sentenced to pay a $5,000 fine by U.S. Magistrate Judge Jeremiah J. McCarthy. Martinez also forfeited a Land Rover Defender.
Assistant U.S. Attorney Carol Bridge, who handled the case, stated that in May 2013, defendant Natter purchased an alleged 1985 Land Rover Defender from a seller in England. Natter then paid a friend to import the car into Canada.
On October 19, 2013, the friend who imported the car into Canada attempted to drive the Land Rover into the United States at the Rainbow Bridge Port of Entry. The plates used on the car were provided to the friend by Natter and Ruth Martinez.
The friend was pulled over by Custom and Border Protection Officers for a secondary inspection. During a search of the vehicle, officers found the vehicle’s actual license plates from England. Although the friend claimed that the Land Rover was produced in 1985, further inspection revealed the vehicle was in fact produced after 1985. The age of the vehicle prevented it from legally entering the United States due to the fact that the National Highway Safety Traffic Association does not allow the importation of any vehicle less than 25 years old without a safety inspection. The Land Rover was then seized by officers.
During the course of the investigation, both defendants provided false information to CBP officers regarding ownership and origin of the vehicle. After further investigation, it was learned that Natter was a collector of Land Rover Defender vehicles and orchestrated the smuggling attempt.
The sentencings are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Brazilian Man Pleads Guilty and Sentenced for Illegally EntryRead 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 Demilson Loubak Ferreira, 36, of Brazil, pleaded guilty to illegally entering the United States at a location other than a designated port of entry before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendant was then sentenced to time served.Assistant U.S. Attorney Paul J. Campana, who handled the case, stated that on March 26, 2015, shortly after 11:00 p.m., the defendant, his wife and their child were found aboard a freight train crossing the Blackrock International Train Bridge in Buffalo. The train was stopped at the order of a Customs and Border Protection Officer who detected the Ferreira and his family on the train.
The defendant’s wife and child were returned to Canada on March 27, 2015. Ferreira will also be removed to Canada.
The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Acting Special Agent in Charge Rose Hilmey.
Syracuse Man Sentenced for Robbing Two BanksRead 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 Gary R. Latray, 55, of Syracuse, NY, who was convicted of aggravated bank robbery, was sentenced to 77 months by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney John M. Alsup, who handled the case, stated that on November 10, 2009, the defendant entered Northwest Savings Bank at 3670 McKinley Parkway in Hamburg, NY, and handed the teller a note demanding a sum of money and indicating that he had an explosive device. The teller gave Latray a specific amount of money in response to the threat.
On December 1, 2009, the defendant entered a Suntrust Bank in Harrisonburg, Virginia, and carried out a similar style bank robbery.
The Court ordered that the defendant’s 77 month sentenced be served consecutively to a 30 year sentenced Latray received in Maryland on state robbery charges.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Hamburg Police Department, under the direction of Chief Gregory Wickett, the United States Attorney’s Office in the Western District of Virginia, under the direction of acting U.S. Attorney Anthony Giorno, the Harrisonburg, Virginia Police Department, under the direction of Chief Stephen B. Monticelli, the West Virginia State Police, under the direction of Colonel Jay Smithers, and the Garrett County, Maryland Sherriff’s Office, under the direction of Sheriff Rob Corley.
Schuele Boys Gang Associate Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Demario Robbins, 24, of North Tonawanda, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from co-defendant Michael Robertson. Robbins then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Robbins was arrested along with 16 other Schuele Boys Gang members and associates in July 2014. He is the second to be convicted. Aaron Glenn pleaded guilty on March 26, 2015. Also charged are:
• Antwan Garner, 29, Buffalo
• Jerome Grant, 33, Buffalo
• James Hicks, 44, Buffalo
• Xavier Hill, 42, Buffalo
• Demetrius Holmes, 23, Buffalo
• Damario James, 32, Buffalo
• Fred Johnson, 21, Buffalo
• Ikeem Lyons, 21, Buffalo
• Benjamin Peoples, 25, Buffalo
• Michael Robertson, 24, Buffalo
• Spencer Rogers, 50, Buffalo
• Antwon Steward, 31, Buffalo
• Shawntorrian Travis, 34, Buffalo
• Andre Wise, 36, Buffalo
• Marcel Worthy, 30, Buffalo
On March 24, 2015, an additional seven members and associates were indicted including:
• Eric Sears, 47, Buffalo
• Andre Jackson, 28, Buffalo
• Tyrell Skipper, 25, Buffalo
• Willie Griffin, 25, Buffalo
• Robert Brown, 52, Buffalo
• Samuel Walker, 50, Buffalo
• Tywone Smothers, 36, Buffalo
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Former Greece Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John Casey, 46, formerly of Greece, NY, pleaded guilty to possession of child pornography before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, a fine of up to $250,000, or both.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that in March 2014, Federal Agents from Homeland Security Investigations working online in an undercover capacity observed the defendant sharing images of child pornography on the internet. At that time, they were able to download several sexually explicit images of children being raped from Casey’s computer. Agents identified the defendant’s physical location and then obtained and executed a federal search warrant for his Greece residence. During the search, they seized multiple digital items which were forensically analyzed. Child pornography images and movies were recovered from two laptops which were also linked to the files shared online. Some of the images depicted children as young as infants being sexually abused.
The plea is the culmination of an investigation on the part of Officers of the Greece Police Department, under the direction of Chief Patrick Phelan and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for May 26, 2015 at 3:00 p.m. before Judge Wolford.
Buffalo Man Arrested in Texas for Cocaine 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 has returned an indictment charging Archie Phillips, 43, most recently of Houston, TX, but originally of Buffalo, NY, with conspiracy to distribute five kilograms or more of cocaine. The charge carries a maximum penalty of life in prison.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, between early 2012 and April 3, 2013, Phillips conspired with Beverly Fields and others to distribute, and possess with intent to distribute, cocaine in Western New York. Fields is also charged with conspiracy.
Phillips was arrested on March 26, 2015 in Houston. He will be returned to Buffalo for a detention hearing on April, 6, 2015 at 10:00 a.m.
The defendant was convicted on a previous federal drug charge and sentenced to 51 months in prison in May 2002.
The indictment and arrest are the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation; and the United States Marshals Service, under the direction of Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Tonawanda Woman Pleads Guilty to Mail 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 Kathy Oertelt, 32, of Tonawanda, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to mail fraud. The charge carries a maximum penalty of 20 years in prison prison and a $250,000 fine.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, said that between April and October 2013, Oertelt, who was employed as a health care provider for an 87-year old legally blind veteran, used the veteran’s signature stamp without his knowledge or permission to issue checks to herself totaling approximately $20,000. The defendant also obtained blank checks from an account the veteran had at the Navy Federal Credit Union in Vienna, Virginia. Oertelt wrote checks to herself on that account totaling approximately $54,000, and used the funds to purchase a 2008 Ford Expedition and a 2001 Suzuki SSXR motorcycle and to fund her gambling habit.
The plea is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Jeffrey G. Hughes, and the United States Secret Service, under the direction Special Agent-in-Charge C. Todd Laster.
Sentencing is scheduled for July 1, 2015 at 10:00 a.m. before Judge Skretny.
Schuele Boys Gang Associate Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Aaron Glenn, 42, of North Tonawanda, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $1,000,000 fine.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from co-defendant Michael Robertson. Glenn then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Glenn was arrested along with 16 other Schuele Boys Gang members and associates in July 2014. He is the first to be convicted. Also charged are:
• Antwan Garner, 29, Buffalo
• Jerome Grant, 33, Buffalo
• James Hicks, 44, Buffalo
• Xavier Hill, 42, Buffalo
• Demetrius Holmes, 23, Buffalo
• Damario James, 32, Buffalo
• Fred Johnson, 21, Buffalo
• Ikeem Lyons, 21, Buffalo
• Benjamin Peoples, 25, Buffalo
• Demario Robbins, 23, Buffalo
• Michael Robertson, 24, Buffalo
• Spencer Rogers, 50, Buffalo
• Antwon Steward, 31, Buffalo
• Shawntorrian Travis, 34, Buffalo
• Andre Wise, 36, Buffalo
• Marcel Worthy, 30, Buffalo
On March 24, 2015, an additional seven members and associates were indicted including:
• Eric Sears, 47, Buffalo
• Andre Jackson, 28, Buffalo
• Tyrell Skipper, 25, Buffalo
• Willie Griffin, 25, Buffalo
• Robert Brown, 52, Buffalo
• Samuel Walker, 50, Buffalo
• Tywone Smothers, 36, Buffalo
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Rochester Man Sentenced for Bank RobberyRead 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 Raul Abidel Martinez, 34, of Rochester, NY, who was convicted of bank robbery, was sentenced to 60 months in prison by Chief U.S. District Court Judge Frank P. Geraci.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that on August 23, 2011, Martinez walked into the M&T Bank on Lyell Avenue in Rochester and handed the teller a note demanding money. Among other things, the defendant said in his note that he had an AK-47. The teller gave Martinez some money and a dye pack which activated as soon as the defendant left the bank causing him to flee down Lyell Ave covered in red dye. The defendant was apprehended shortly thereafter by Rochester Police officers who responded to the silent alarm activation at the bank. Rochester Police enlisted the investigative assistance of the Federal Bureau of Investigation. At the time he robbed the M&T Bank, the defendant was on federal supervised release following a 2007 conviction for being a felon in possession of a firearm.
The sentencing is the culmination of an investigation on the part of Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Federal Bureau of Investigation.
Guatemalan Man Sentenced on Immigration ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Ignacio Lopez-Perez, 38, a native and citizen of Guatemala, pleaded guilty before Senior U.S. District Judge William M. Skretny to being found in the United States after being deported on numerous occasions. The defendant was sentenced to time served by Judge Skretny.Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on December 4, 2014, the defendant was found at the Seneca Allegany Hotel and Casino in Salamanca, NY after having been previously deported from the United States on five occasions.
This case was the culmination of an investigation on the part of agents of the U.S. Border Patrol, under the direction of Steven J. Oldman, Patrol Agent in Charge, and the Cattaraugus County Sheriff's Office, under the direction of Sheriff Timothy Whitcomb.
Buffalo Man Pleads Guilty to Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Michael Woods, 25, of Buffalo, NY, pleaded guilty to possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm, before Senior U.S. District Judge William M. Skretny. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated on March 19, 2012, Woods was riding in a vehicle that Buffalo Police attempted to pull over. Rather than comply with the police request, the vehicle led the officers were on a pursuit. The defendant eventually got out of the vehicle and threw a .45 caliber gun to the ground while attempting to flee the scene. A search of the vehicle uncovered crack cocaine in the back seat of the vehicle where the defendant had been sitting before he fled from the vehicle. As part of his plea, Woods admitted that he possessed the firearm in furtherance of his crack cocaine business.
On May 27, 2013, Buffalo Police again stopped a vehicle Woods was riding in. The defendant got out, threw 9mm gun to the ground and four vials of marijuana while running away from police. He was later apprehended by police officers after a foot chase.
The plea is the culmination of an investigation by the Federal Bureau of Investigation.
Sentencing is scheduled for July 22, 2015 at 11:00 a.m.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Deandre Sparks, a/k/a Dee Dee, 23, of Buffalo, pleaded guilty to possession with intent to distribute, and distribution of crack cocaine, before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, possessed and distributed crack cocaine. Specifically, on February 12, 2014, Sparks gave crack cocaine to a co-defendant, who then distributed the drugs to a confidential source working for the Federal Bureau of Investigation.
The plea is the culmination of an investigation by the Federal Bureau of Investigation.
Sentencing is scheduled for July 15, 2015 at 10:00 a.m.
Buffalo Man Pleads Guilty Onstruction of MailsRead 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 Brian Jaszczak, 24, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy, to a misdemeanor charge of obstruction of the mails. The charge carries a maximum penalty of six months in prison, a fine of $5,000, or both.Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that on December 19, 2014, the defendant, a former employee of the United States Postal Service, discarded pieces of mail that had been entrusted to him for delivery.
The plea is the culmination of an investigation on the part of Special Agents of the United States Postal Service, Office of the Inspector General, under the direction of Monica Weyler.
Sentencing is scheduled for July 15, 2015 at 11:00 a.m. before Judge McCarthy.
Rochester Attorney Sentenced for Obtaining A Controlled Substance by MisrepresentationRead 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 Salvatore J. Marcera, Jr., 54, of Rochester, NY, who was convicted of obtaining a controlled substance by misrepresentation, was sentenced to three years probation by U.S. District Judge Frank P. Geraci, Jr. Marcera also was ordered to pay restitution to Excellus BlueCross BlueShield in the amount of $1,965.71.Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that on July 28, 2006, the defendant was a sole practitioner attorney in Rochester. Marcera obtained prescriptions from a medical doctor, including OxyContin and Roxycodone, both of which contain oxycodone, a Schedule II controlled substance. The defendant did this on behalf of his brother, who was incarcerated in the Monroe County Jail at the time. In order to obtain the prescriptions, Marcera claimed that the drugs were medically necessary for his brother, knowing that in fact the prescriptions were not medically necessary.
After obtaining the prescriptions, the defendant then gave them to another family member knowing that family members would arrange to have the prescriptions filled at a pharmacy on behalf of Marcera’s brother. The prescriptions were subsequently filled at a pharmacy and paid for by Excellus BlueCross BlueShield.
As part of the same case, Marcera was previously convicted of filing a false personal income tax return for tax years 2004 through 2007 by understating the gross receipts of his law practice. The defendant was sentenced in March 2014 to five years of probation, including one year of home confinement, on the tax charges. Marcera also was ordered to pay restitution to the Internal Revenue Service in the amount of $104,074.
As part of the sentencing proceeding, Marcera reported to the Court that his law license has been suspended and that he is subject to further disciplinary proceedings in May 2015 before the Appellate Division, Fourth Judicial Department of the Supreme Court of the State of New York.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, 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, 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.
Nigerian Woman Pleads Guilty; Sentenced for Improper Use of A PassportRead 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 Elizabeth Afola Oyenekan, 42, of Nigeria, pleaded guilty to improper use of another’s passport. The defendant was sentenced to time served by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that the defendant attempted to enter the United States at the Peace Bridge Port of Entry on February 1, 2015. Oyenekan presented a Canadian passport to a Customs and Border Protection Officer bearing the name Diana Adetuni. When asked where she was born, Oyenekan stated Nigeria but quickly retracted and claimed she was born in Saint Vincent. The defendant also told the officer she was traveling to Brooklyn, NY to stay with a friend.
A search of the defendant’s luggage revealed a credit card in the name of E. O. Oyenekan which was a possible match to a previous Visa Waiver Refusal in Ireland in October 2014. An officer then entered the defendant’s fingerprints into a Fingerprint Identification System and determined that she was in fact Elizabeth Afola Oyenekan and not Diana Adetuni.
The plea and sentencing are the culmination of an investigation on the part of Customs and Border Protection, under the direction of Rose Hilmey, ActingDirector of Field Operations.
Lockport Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that George Krajas, 46, of Lockport, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to time-served by Senior U.S. District Judge William M. Skretny.Assistant U.S. Frank T. Pimentel, who handled the case, stated that between November 2010 and June 16, 2011, the defendant permitted co-defendant Charles Palmer to use the automotive garage Krajas operated at 2307 Broadway, Cheektowaga, NY to process and distribute cocaine. Krajas also traded cocaine to other co-conspirators in exchange for hydrocodone.
Charles Palmer has been convicted and is scheduled to be sentenced on April 22, 2015 at 10:00 a.m. before Judge Skretny.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force.
Connecticut Man Sentenced on Gambling 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 Mark Ruff, 40, of Connecticut, who was convicted of conducting an illegal gambling business and conspiracy to commit money laundering, was sentenced to nine years n prison and three years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. Ruff was also ordered to forfeit $230,000.Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Mark Ruff conducted an illegal gambling business with his brother Joseph Ruff, 32, and Paul Borrelli, 67, both of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites. Mark Ruff also conspired with Joseph Ruff and others to launder $230,000 in illegal gambling proceeds. Ruff transferred the gambling proceeds from Rochester to an associate in Connecticut to conceal their source by depositing proceeds into a credit line and making subsequent cash withdrawals and writing checks from the credit line for Mark Ruff and Joseph Ruff. Those checks included $40,000 to a local country club for Joseph Ruff which the federal government seized on August 11, 2014.
On June 24, 2014, the defendant was indicted by a federal grand jury along with Joseph Ruff and Paul Borrelli. Joseph Ruff was convicted and is awaiting sentencing on April 15, 2015. The 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 Chief Gerald Pickering, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Buffalo Woman Sentenced for Wire 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 Destinee McBride, 24, of Buffalo, NY, who was convicted of wire fraud affecting a financial institution, was sentenced to six months home detention and two years supervised release by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $59,077.Assistant U.S. Attorney Trini E. Ross, who is handling 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. McBride 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 and merchandise from private businesses. As a result of the scheme, losses to the Internal Revenue Service totaled $534,782.00.
This case is the culmination of an investigation on the part of the Special Agents of the Internal Revenue Service, Criminal investigation Division under the direction of Special Agent in Charge Shantelle P. Kitchen, and the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Renwick Samuel, 50, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.00, or both.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between 2006 and December 2012, the defendant conspired with three co-defendants to possess and distribute cocaine in Buffalo. Samuel was arrested in December 2012 along with Angel Gonzalez and Mica Donadelle. Another co-defendant, Kevin Liburd, was arrested in 2014 in the Virgin Islands and extradited to the Western District of New York. Gonzales was convicted and is awaiting sentencing. Charges are pending against Liburd and Donadelle. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation.
Sentencing is scheduled for July 15, 2015 at 9:00 a.m. before Judge Skretny.
10th Street Gang Member Sentenced to Life in Prison for Murder, Racketeering and Narcotics TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Delgado, 26, of Buffalo, NY, who was convicted following a seven week jury trial of Racketeering Influenced Corrupt Organizations conspiracy, was sentenced to life in prison plus five years by U.S. District Judge Richard J. Arcara.According to Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the prosecution of the case, stated that the defendant was a member of the 10th Street Gang which was responsible for multiple acts of violence and the trafficking of various controlled substances on Buffalo’s West Side. Specifically, Delgado, directly or by helping his fellow gang members, participated in the murders of Brandon McDonald and Darinell Young and the attempted murders of 12 others.
The defendant was a member of the 10th Street Gang between 2000 and 2012 and participated in other acts of violence including robbery, burglary, drug distribution and possession of firearms.
Delgado is one of 44 10th Street Gang members and associates charged and convicted in this case.
Today’s convictions are the culmination of an investigation on the part of Special Agents of the FBI Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
Seven Additional Schuele Boys Gang Members and Associates Charged with Drug TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned three separate indictments charging seven additional members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo. The charges, which include conspiracy to distribute and distribute crack cocaine, cocaine and marijuana, carry a maximum penalty of 20 years in prison, and a fine of $1,000,000.“As I have stated many times before, this Office and our law enforcement partners stand ready to remove any organized group of individuals that threatens to harm our community through narcotics trafficking and acts of violence,” said U.S. Attorney Hochul. “Our dismantling of the 10th Street Gang on Buffalo’s West Side and other multiple successful gang prosecutions should serve as a warning that will be aggressive in removing these threats from our neighborhoods.”
Charged in the indictments are:
• Eric Sears, 47, Buffalo
• Andre Jackson, 28, Buffalo
• Tyrell Skipper, 25, Buffalo
• Willie Griffin, 25, Buffalo
• Robert Brown, 52, Buffalo
• Samuel Walker, 50, Buffalo
• Tywone Smothers, 36, Buffalo
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictments, between June 2013 and July 2014, the defendants sold controlled substances, including crack cocaine, cocaine and marijuana, primarily on the East Side of Buffalo.
The investigation utilized wire and electronic communications, confidential sources, and physical and video surveillance, to identify conspirators associated with the Schuele Boys Gang distribution network.
In July, 2014, 17 Schuele Boys members and associates were arrested and charged with narcotics trafficking including:
• Antwan Garner, 29, Buffalo
• Aaron Glenn, 41, North Tonawanda
• Jerome Grant, 33, Buffalo
• James Hicks, 44, Buffalo
• Xavier Hill, 42, Buffalo
• Demetrius Holmes, 23, Buffalo
• Damario James, 32, Buffalo
• Fred Johnson, 21, Buffalo
• Ikeem Lyons, 21, Buffalo
• Benjamin Peoples, 25, Buffalo
• Demario Robbins, 23, Buffalo
• Michael Robertson, 24, Buffalo
• Spencer Rogers, 50, Buffalo
• Antwon Steward, 31, Buffalo
• Shawntorrian Travis, 34, Buffalo
• Andre Wise, 36, Buffalo
• Marcel Worthy, 30, Buffalo
The indictments are the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
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 ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Miguel Calixto, 28, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to 10 years in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that on July 2, 2013, Rochester Police officers observed the defendant in possession of a 380 caliber Smith and Wesson semiautomatic pistol. Calixto was previously convicted of a felony weapons offense, and was therefore prohibited from legally possessing a firearm under federal law.
The defendant used the pistol on June 8, 2013 on Wadsworth Street in Rochester to shoot another individual four times, resulting in the victim’s permanent paralysis from the waist down. In conjunction with his plea in federal court, Calixto was convicted of Assault in the First Degree in Monroe County Court.
The sentencing 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 and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Rochester Man Sentenced for Drug TraffickingRead 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 Adminda Poole, a/k/a Adminda Lopez, 39, of Rochester, NY, who was convicted of conspiracy to distribute, and possession with intent to distribute, heroin and cocaine, was sentenced to 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that the defendant participated in a conspiracy between December 2013 and February 2014, to sell at least 200 grams of heroin and a kilogram of cocaine in Rochester. On February 7, 2014, Rochester police executed a search warrant at a residence on Clay Avenue in Rochester used by Poole and found heroin and cocaine, as well as drug paraphernalia. In addition officers found $36,822 in cash. The defendant agreed to the forfeiture of the cash as part of her sentence.
The sentencing is the culmination of an investigation on the part of the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Man Sentenced for Possessing Numerous Unauthorized Access Devices to Obtain MerchandiseRead 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 Luis Alcalar Vasquez, a/k/a Noberto DeRivas, a/k/a Abraham Rivas-Rios, 43, of Texas and Mexico, who was convicted of possession of 15 or more unauthorized access devices, was sentenced to 72 months in prison and ordered to pay $77,577.90 in restitution by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between November 2012 and March 2013, the defendant obtained high-end merchandise at various Home Depot stores in Illinois, Indiana, Ohio and New York by scanning bar codes for lower ticketed items at self check-out stations. Vasquez scanned the bar codes for the lower cost items but took the more expensive items out of the stores. For example, the defendant scanned the bar code for a sink priced at $59.95 but actually left the store with a sink costing $444.79. Vazquez then returned the higher ticketed merchandise to another Home Depot location in exchange for stored value cards.
By early March, 2013, Home Depot became aware that the “ticket-switch” and refund transactions were being executed at stores in Western New York. On March 7, 2013, at stores in West Seneca, Buffalo, and Cheektowaga, sinks costing $444.79 were exchanged for stored value cards in that amount.
Later on March 7, at Home Depot’s store in Lockport, the defendant tried to use a California driver’s license bearing his picture but a different name, in order to return merchandise valued at $700.55. However, Home Depot personnel stopped the transaction and called Niagara County Sheriff’s Office deputies to the Lockport store, where they took the defendant into custody. Niagara County Sheriff’s Office investigators found Vasquez had 20 false California drivers licenses in three different names but all bearing the defendant’s picture, and 17 Home Depot stored value cards worth approximately $5,910. Two cell phones with bar codes taped to their backs were found on the defendant.
The total value of the merchandise the defendant obtained from The Home Depot stores was $77,577.90.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and investigators of the Niagara County Sheriff’s Department, under the direction of Niagara County Sheriff James Voutour.
Former Store Owner Pleads Guilty to Charges Involving Synthetic DrugsRead 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 Amber Snover, 24, of Rochester, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to using a communication facility to facilitate a controlled substance felony offense. The charge carries a maximum penalty of four years in prison, a fine of $250,000 or both.Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that the defendant used a telephone to order various synthetic controlled substance analogues. Snover ordered the synthetic drugs for Charles Fitzgerald and others at the 420 Emporium located in Batavia, NY. As part of her plea, the defendant will forfeit $771,109 in United States currency that was seized during the execution of a search warrant at the residence Snover shared with Fitzgerald on West Hills Estates in Rochester on July 25, 2012.
Fitzgerald was convicted of will be sentenced by Judge Geraci on April 15, 2015 at 3:00 p.m. Three employees of Fitzgerald’s who worked at the 420 Emporium stores located in Batavia and Henrietta, NY have also been convicted and are awaiting sentencing.
The plea was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Agency, under the direction of James J. Hunt, New York Field Division, and investigators from the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause.
Sentencing is scheduled for June 23, 2015, at 10 a.m. before Judge Geraci.
Two Latvian Women Plead Guilty to Wire Fraud 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 Janis Tonis, 32, and Veronika Krutova, 26, of Latvia, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to commit wire fraud. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendants, along with other co-conspirators, defrauded financial institutions and victim businesses by sending false wire transfer requests. Participants in the scheme used stationary from victim businesses to authorize wire transfer requests at the financial institutions. The defendants attempted to defraud a total of $80, 928 from the financial institutions.
The defendants also defrauded online purchasers of motor vehicles by posting cars for sale online, the defendants instructed the buyers to send money to bank accounts they controlled and then took the money and disappeared without ever delivering a vehicle. The loss amounts total $32,300.
The pleas are the culmination of an investigation on the part of Special Agents of Immigrations and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing will be scheduled at a later date before U.S. District Court Judge William M. Skretny.
Newark Man Admits Stealing 25 Firearms from Local Gun StoreRead 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 Rodney Goodrich, Jr., 28, of Newark, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to theft of firearms and possession and sale of stolen firearms and ammunition. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that on January 21, 2013, the defendant was involved in the theft of 24 handguns and one rifle from D&M Shooting Sports, a commercial establishment located in Palmyra, NY. Goodrich aided and abetted Angel Hernandez-Ramos and another individual to unlawfully enter the store and steal the firearms. The defendant then sold the stolen firearms to others in exchange for cash and cocaine.
Angel Hernandez-Ramos, who was also involved in the theft of the firearms, has been convicted and is scheduled to be sentenced on May 14, 2015.
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, and investigators of the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts.
Sentencing is scheduled for June 23, 2015 at 9:30 a.m. before Judge Geraci.
Brighton Man Charged in Child Pornography CaseRead 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 Lamica, 25, of Brighton, NY, was arrested and charged by criminal complaint with attempted production of child pornography and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a fine of $250,000.“Thanks to a parent’s willingness to inquire further into conduct which seemed questionable, this case was brought to a rapid conclusion,” said U.S. Attorney Hochul. “The case further serves as a reminder of how important it is for parents to exercise caution when entrusting their children to strangers.”
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, Lamica was a babysitter who advertised his services on Care.com and Craigslist.com. A family the defendant was working for discovered that Lamica was engaging in inappropriate behavior with nine-year-old son and terminated the babysitting contract. Thereafter, the defendant attempted to approach the boy at school.
The Monroe County Sheriff’s Office obtained a search warrant and searched Lamica’s residence. Deputies found materials and notebooks with writings expressing the defendant’s interest in young boys. Another search warrant was obtained for Lamica’s digital media hardware which contained images of child pornography, and a video of another minor the defendant babysat in 2014.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, and the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn.
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.
Jamestown Man Indicted on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Ismael Burgos, 53, Jamestown, NY, with attempted possession with intent to distribute cocaine. The charge carries a maximum of 20 years in prison.
Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, on January 27, 2015, the defendant attempted to receive a package which investigators determined contained a quantity of cocaine.
The indictment is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Arcade Man Indicted on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 10 count indictment charging Ryan Tojdowski, 31, of Arcade, NY, with manufacturing marijuana, possession with intent to distribute marijuana, oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine, maintaining a drug involved premises, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $500,000 fine.
Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, on December 17, 2014, during the course of an investigation, the Wyoming County Sheriff’s Department discovered the defendant to be in engaged in the manufacturing and distribution of marijuana. In addition, deputies found Tojdowski to be in possession of quantities of oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine as well as a .223 assault rifle.
The indictment is the culmination of an investigation on the part of the Wyoming County Sheriff’s Department, under the direction of Gregory J. Rudolph and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
West Seneca 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 Ryan Arcara, 25, of West Seneca, NY, pleaded guilty before Senior U.S. District Court Judge William M. Skretny, to possession of child pornography. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that the defendant possessed eight image files and 59 video files containing child pornography stored on a computer and hard drive. Some of the images depicted prepubescent minors or minors under 12 years old.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for July 8, 2015, at 10:00 a.m. Judge Skretny.
Spencerport Man Pleads Guilty to Fraud ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Matthew Lavilla, of Spencerport, NY, pleaded guilty before U.S. District Judge Frank P. Geraci to engaging in financial transactions with proceeds from a fraud scheme. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that in June 2007, the became aware that the Xerox Corporation had been defrauded by Clarkson Auto Electric, a company that he was a part owner of, and Anthony Fretto, a co-defendant in the case, and also an owner of Clarkson Auto Electric. Despite that knowledge, Lavilla engaged in financial transactions with proceeds of the fraud.
Lavilla was indicted along with nine other defendants, all have been convicted.
“Today’s conviction concludes the Government’s investigation into a group of men who sought to defraud one of our area’s most venerated companies,” said U.S. Attorney Hochul. “The fact that the scheme was perpetrated by business associates as well as corporate insiders should serve as a warning to all businesses. The saying ‘trust, but by all means verify’ is a good rule to keep in mind when it comes to the business world. “
The plea is the culmination of a joint investigation on the part of the Internal Revenue Service, 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, United States Postal Inspection Service.
Rochester Man Indicted for Stealing More Than $1.2 Million from His Brother and In-LawsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that a federal grand jury has returned a 20 count indictment charging Mark Saile, 57, of Rochester, NY, with mail and wire fraud, aggravated identity theft, and money laundering. The mail and fraud charges carry a maximum sentence of 20 years in prison, and a fine of $250,000, the identity theft charge carries a mandatory minimum sentence of two years in prison, and the money laundering charges carry a maximum sentence of 10 years in prison and a fine of $250,000.Assistant U.S. Attorney, Richard A. Resnick, who is handling the case, stated that according to the indictment, the defendant’s brother, Robert Saile, who resides in Redmond, Washington, worked for Microsoft, Inc. for a number of years. Robert Saile set up a 401(K) retirement account with Fidelity Brokerage Services, LLC, comprised of Microsoft stock and Fidelity money market funds.
Between July 26, 2012 and June 20, 2014, Mark Saile contacted Fidelity numerous times pretending to be his brother. During those contacts, the defendant was able to trick Fidelity into transferring approximately $980,000 from Robert Saile’s 401(k) retirement account to a bank account his name. Robert Saile was unaware that his brother was stealing money from his retirement account. The defendant also changed the email and mailing addresses on file at Fidelity so that all correspondence from Fidelity would be sent to him.
The indictment further states that, prior to the fraud against his brother, the defendant pretended to be his in-laws and had more than $258,000 withdrawn from their financial accounts without their knowledge.
The indictment is the culmination of an joint investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, United States Postal Inspection Service, the Internal Revenue Service, under the direction of Shantelle Kitchen, Acting Special Agent in Charge, New York Field Office, the Federal Bureau of Investigation, 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.
Olean Man Indicted on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a four count indictment charging Giovanni Salmonson, 23, of Olean, NY, with possession with intent to distribute heroin, possession with intent to distribute buprenorphine (suboxone), possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The charges carry a mandatory minimum of five years in prison, a maximum of life, $250,000 or both.Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, on January 1, 2015, during the course of an investigation, the Olean Police Department discovered the defendant to be in possession of quantities of heroin buprenorphine. In addition, Salmonson also had a .22 caliber revolver. The defendant was previously convicted on state charges which prevent him from legally possessing a firearm.
The defendant will be arraigned on March 20, 2015 at 10:15 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.
The indictment is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.
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.
Nigerian Woman Sentenced for Misuse of A PassportRead 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 Pamela Amaka Mmakogu, 30, a citizen of Nigeria, pleaded guilty to misuse of a passport in an attempt to gain entry into the United States before U.S. District Judge Richard J. Arcara. The defendant was also sentenced to time served (six months) in prison.Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on September 6, 2014, Mmakogu, a passenger on a bus at the Peace Bridge Port of Entry, presented a Canadian passport that belonged to another person.
The plea and sentencing are the result of an investigation by United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.
Former University of Rochester Employee Sentenced on Fraud 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 Debra Bulter, 54, of Penfield, NY, who was convicted of conspiracy to commit mail fraud and to money laundering, was sentenced to 36 months in prison and three years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $4,285,637.33; $1,875,622.33 to the University of Rochester and $2,410.015 to CGF Anesthesia Associates, P.C.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant worked as the Program Administrator for the Department of Anesthesiology at the University of Rochester in Rochester. The Department of Anesthesiology provides anesthesia services to patients undergoing surgery or other procedures at Strong Memorial Hospital, Highland Hospital and other medical facilities in Rochester. A physician, known as the Chair, oversees the Anesthesiology Department's management and operations. The Program Administrator oversees administrative duties and reports to the Chair.
From 2001 through 2012, an anesthesia medical group, CGF Anesthesia Associates, P.C., contracted with the Department of Anesthesiology to provide anesthesiologists at medical facilities served by the Department of Anesthesiology. Between 2003 to 2008, two doctors from CGF Anesthesia Associates, P.C. individually contracted with the Department of Anesthesiology purportedly to provide additional administrative services to the Department of Anesthesiology.
From 2007 through 2012, the defendant participated in several schemes to defraud the Department of Anesthesiology and the CGF Anesthesia Associates, P.C. One scheme involved deceiving the Department of Anesthesiology from 2007 to 2009 into making fraudulent payments to the two doctors and the CGF Anesthesia Associates, P.C. Misusing her position of trust, the defendant provided the Department of Anesthesiology with fraudulent documents, including fraudulent requisition forms and invoices, which made it appear that the two doctors and the CGF Anesthesia Associates, P.C. had provided adequate services to the Department of Anesthesiology for such payments. As a result of an unsuspecting U of R official signing the fraudulent documents, the Department of Anesthesiology was deceived into paying the two doctors $930,000 and CGF Anesthesia Associates, P.C. $530,000 to which they were not entitled. To compensate the defendant for her participation in the scheme, CGF Anesthesia Associates, P.C. was deceived into paying the fraudulent money it received from the Department of Anesthesiology to a business started by the defendant, DJA Solutions, Inc.
From January 2010 to September 2012, the Department of Anesthesiology and CGF Anesthesia Associates, P.C. were deceived into causing a large portion of the compensation earned by CGF Anesthesia Associates, P.C. from the Department of Anesthesiology to be diverted to the two doctors. As a part of the scheme, the two doctors each executed fraudulent contracts with the Department of Anesthesiology for the fiscal years 2010 through 2013 which stated that they intended to provide additional administrative services to the Department of Anesthesiology worth more than $3,000,000. These contracts were improperly signed by the defendant on behalf of the Department of Anesthesiology and concealed from the Chair of the Department of Anesthesiology and the other anesthesiologists at CGF Anesthesia Associates, P.C. The two doctors also caused invoices in their own names to be submitted to the Department of Anesthesiology which falsely represented that they had provided the services listed on such invoices. The scheme caused the Department of Anesthesiology to divert compensation actually earned by CGF Anesthesia Associates, P.C. to the two doctors in the total amount of $2,410,015. To compensate the defendant for her role in this scheme, CGF Anesthesia Associates, P.C. was deceived into to paying the defendant’s business, DJA Solutions, LLC, more than it was entitled. For the years 2010 through 2012, DJA Solutions, LLC received $1,169,606 from CGF Anesthesia Associates, P.C.
Another of the defendant's schemes involved causing the Department of Anesthesiology to make a fraudulent and unauthorized loan to a doctor working for the Department of Anesthesiology. The defendant disguised various payments to the doctor as extra compensation earned by the doctor. The defendant did this by preparing fraudulent payroll documents, which were submitted to the Chair of the Department of Anesthesiology for authorization to pay the extra compensation to the doctor. The Chair signed such forms believing that the doctor was entitled to such extra compensation and was unaware that such payments were actually an improper loan to the doctor. The total amount of the fraudulent payments to the doctor was $510,726.
From October 2012 to May 2012, the defendant also caused the Department of Anesthesiology to pay a former employee of the Department of Anesthesiology $7,168 by disguising the payments as compensation earned by the former employee, when in fact, the former employee was no longer working for the Department of Anesthesiology.
Finally, from March 2009 to June 2012, the defendant submitted expense reimbursement forms totaling $4,809.37 to the Department of Anesthesiology for expenses which she either had already been reimbursed for or were not actual business expenses.
Doron Feldman, 54, of Williamsville, NY, one of the two doctors with CGF Anesthesia Associates, P.C., was also convicted in this case and sentenced to 24 months in prison. The defendant was also ordered to pay restitution to the University of Rochester totaling $1,460,000. In addition, Feldman must pay $157,000 in restitution to the Internal Revenue Service.
The sentencing is the culmination of a joint investigation on the part of the Internal Revenue Service, 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, United States Postal Inspection Service.