Western District of New York
Press releases recorded for this federal judicial district.
Canadian Man Sentenced for Making False StatementsRead 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 Christian Dean Reid, 39, a citizen of Canada and the United Kingdom, who was convicted of making false statements, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on October 12, 2014, Reid, a native of England, told an officer of the U.S. Customs and Border Protection that he had not previously been arrested, even though the defendant knew this statement was false. Reid was arrested and convicted of a drug trafficking offense which affects his admissibility into the United States.
The sentencing is the culmination of an investigation on the part of the United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.
Six Cuban Citizens Indicted for Credit Card FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned four indictments charging Eduardo Hernandez Quinones, 46, Yasser Carrillo Chartrand, 23, Claudia Diaz Diaz, 21, Yaily Santurio Millian, 31, Jose Valdivia Quinones, 40 and Misael Toledo Rios, 39, all citizens of Cuba legally present in the United States, with fraud charges.
Hernandez, Chartrand, Santurio and Diaz are charged with conspiracy to commit bank fraud, access device fraud and aggravated identity theft. Valdivia and Toldeo are charged with bank fraud, access device fraud and aggravated identity theft. The charges for all six defendants carry a mandatory minimum penalty of two years in prison, a maximum penalty of 30 years, and a fine of $1,000,000.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the indictment, the defendants are accused of fraudulently obtaining the actual credit/debit card numbers of people and then encoding counterfeit cards with the information illegally obtained. The defendants then used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, some of the defendants used the counterfeit cards to purchase gasoline from area gas stations and then re-sold the gasoline for cash.
Four of the defendants, Hernandez, Chartrand, Santurio and Diaz, were recently arrested in DeWitt, NY, near Syracuse, and are facing state fraud charges for similar conduct.
Defendants Chartrand, Hernandez, Quinones, and Santurio were arraigned today before U.S. Magistrate Judge Hugh B. Scott and are being held pending a detention hearing on March 25, 2015 at 10:00 a.m. Defendants Rios and Valdivia Quinones were released on conditions.
The indictments 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, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Michael Cerretto.
The fact that a defendant has been charged in an indictment is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
City of Tonawanda Man Sentenced on A Gun 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 Christopher Simmance, 38, of City of Tonawanda, NY, who was convicted of possession of a firearm after having been committed to a mental institution, was sentenced to time served (19 months) and two years supervised release by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney John M. Alsup, who handled the matter, stated that on November 12, 2011, law enforcement officers responded to the defendant’s Tonawanda residence where they located a Remington shotgun. Simmance had previously received mental health treatment preventing him from legally possessing any firearms.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Office, Department of Veteran’s Affairs, and the City of Tonawanda Police, under the direction of Chief William Strassburg.
10th Street Gang Member Sentenced on Racketeering 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 10th Street Gang member Nourooz Ali, 31, of Buffalo, who was convicted of RICO conspiracy, was sentenced to 132 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Ali, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.
The defendant is among 44 10th Street Gang members and associates charged and convicted in this case.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, 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.
Ithaca Man Pleads Guilty to ConspiracyRead 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 Chris Beach, 48, of, Ithaca, NY, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to a misdemeanor conspiracy charge. 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 Beach, a member of the Plumbers & Steamfitters Local 267, conspired to submit a false claim for reimbursement of $6,358 from the Local 267 health benefit program.
The plea is the culmination of an investigation by Special Agents 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.
Sentencing is scheduled for June 1, 2015 at 12:00 p.m. before Judge Payson.
Georgia Man Pleads Guilty to Fraudulently Obtaining Title Ii Child Insurance BenefitsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Donald Hargrave, 62, of Douglasville, GA, pleaded guilty to unlawfully receiving Title II Child Insurance Benefits before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that between May 2012 and July 2013, while living in Buffalo, the defendant received Title II Child Insurance Benefits from the Social Security Administration but did not use the benefits to support his son. Hargrave received a total of $39,124 to which he was not entitled.
The plea is the result of an investigation by the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent in Charge Edward J. Ryan.
Sentencing is scheduled for July 1, 2015 at 9:00 a.m. before Judge Skretny.
Former Postal Employee Sentenced for Obstruction of the 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 Jennifer Paonessa, 33, of Niagara Falls, NY, who was convicted of obstruction of the mails, was fined $250.00 by U.S. Magistrate Judge H. Kenneth Schroeder, Jr.Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant, a former employee of the United States Postal Service, delayed or failed to deliver mail matter entrusted to her for delivery. The defendant took at least 15 Victoria Secret coupons and used them for her own benefit.
The sentencing 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.
13 Indicted in Wellsville Meth RoundupRead 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 13 defendants with conspiracy to manufacture, possess with intent to distribute and to distribute, methamphetamine. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.Charged in the indictments are:
• Michael E. Hasert, 60, of Scio, NY;
• Lionel C. Carter, 58, of Wellsville, NY;
• Todd E. Varney, 31, of Wellsville, NY;
• Bradley J. Hollenbeck, 34, of Andover, NY;
• Patrick J. Danielewicz, 34, of Friendship, NY;
• Sarah J. Greene, 37, of Wellsville, NY;
• Elizabeth J. Schreiber, 35, of Scio, NY;
• Michael C. Mullen, 34, of Hornell, NY;
• Timothy J. Billings, 30, of Wellsville, NY;
• Justin L. Billings, 32, of Wellsville, NY;
• Jordan R. Doane, 26, of Friendship, NY;
• Zackery D. Billings, 25, of Springwater, NY;
• Derek Fagan, 30, of Wellsville, NY
In addition, defendant Michael Hasert is charged with possession of marijuana with intent to distribute, maintaining a drug involved premises, possession of firearms in furtherance of drug trafficking and being a felon in possession of firearms. The charges carry a penalty of 20 years in prison and a mandatory five years to be served consecutively to any sentence imposed.
Defendants Timothy and Justin Billings are also facing charges of maintaining a drug involved premises and possession of firearms in furtherance of drug trafficking. These charges also carry a penalty of 20 years in prison and a mandatory five years to be served consecutively to any sentence imposed.
“Over the last several years, we have seen an increase in the number of cases involving this highly toxic and dangerous substance,” said U.S. Attorney Hochul. “The public needs to be educated that ingestion of crystal meth causes profound and almost immediate physical, mental and emotional consequences, while the production process can also be deadly.”
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that between January 2011 and late 2014, the defendants conspired to manufacture and distribute methamphetamine. The defendants engaged in the practice of “smurfing” (buying small quantities) at local pharmacies to get around restrictions on purchasing products containing pseudo ephedrine. This is the most important chemical necessary in the process of manufacturing methamphetamine.
The indictments are 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 Division, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Division, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb, the Wellsville Police Department, under the direction of Chief Timothy O’Grady, U.S. Border Patrol, under the direction of Patrol Agent in Charge Steven Oldman, and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.
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 Senteced on Drug and Gun 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 Juan Dejesus Santiago, 33, of Rochester, NY, who was convicted of drug conspiracy, money laundering conspiracy and discharge of a firearm during a crime of violence, was sentenced to 30 years in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Jennifer M. Noto and Thomas S. Duszkiewicz, who handled the case, stated that Santiago participated in a large, violent narcotics trafficking organization. The defendant also participated in the contract killing of Quincy Turner in May 2008 in Jamestown, NY.
The drug trafficking organization that Santiago was a member of was responsible for the receipt and distribution of hundreds of kilograms of cocaine in the Rochester area between January 2007 and October 2008. The defendant was one of 33 related defendants charged with federal crimes involving their participation in this armed drug conspiracy that sent and received packages of cocaine via the U.S. Mail from Puerto Rico to Rochester. Proceeds from the drug sales were sent back to Puerto Rico to purchase more cocaine. To date, all 33 defendants have been convicted and only two remain to be sentenced.
Santiago was also involved in the murder of Quincy Turner, a man suspected of being an informant for the government in a narcotics investigation. Quincy Turner was shot and killed on May 30, 2008. The defendant provided one of the firearms used to carry out the contract killing, a .45 caliber pistol, as well as the vehicle utilized to drive the shooters to Turner’s residence. Santiago received a portion of the proceeds provided in consideration for the murder. Law enforcement officers recovered the .45 caliber pistol, along with 500 grams of cocaine during a search of the defendant’s residence on October 9, 2008.
The sentencing is the culmination of investigations into the drug trafficking organization and murder as part of the High Intensity Drug Trafficking Area (HITA) and Organized Crime Drug Enforcement Task Force (OCDETF) initiatives. Investigative agencies involved include the Bureau of Alcohol Tobacco Firearm and Explosives, under the direction of Delano A. Reid, Special Agent in Charge, New York Field Division, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Southern Tier Regional Drug Task Force, under the direction of Lieutenant David Bentley, and the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace.
Holland Couple Indicted in Connection with Fraudulent Receipt of Veterans’ Benefits and Workers CompensationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a three-count indictment charging Richard Klaffka, 57, and his wife, Cathleen Klaffka, 61, both of Holland, NY, with fraud in connection with Richard Klaffka’s receipt of over $1,000,000 in benefits from the Veterans’ Administration and Workers’ Compensation under false pretenses. The Klaffkas are charged with conspiracy to commit mail fraud and wire fraud and wire fraud and mail fraud. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the indictment, in 2006, Richard Klaffka told the Veteran Administration that, due to an injury connected with his military service in 1978, he was disabled, confined to a wheelchair and unable to engage everyday activities like walking, driving and dressing himself. The indictment further alleges that to promote the fraud, Cathleen Klaffka pushed Richard Klaffka in a wheelchair when at the VA hospital in order to support Richard Klaffka’s false claim that he was confined to wheelchair when, in fact, they both knew Richard Klaffka was able to walk without assistance and engaged in physical activities such as hiking, riding a bike and pitching iron horseshoes.
The indictment also alleges that in order to get Workers’ Compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury and that he was only able to walk with the assistance of a cane. According to the indictment, the Klaffkas received over $1,000,000 in government benefits to which they were not entitled. The investigation was triggered by an anonymous call to a fraud hotline.
The indictment is the result 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 Hughes, the Veterans Administration Police Department, under the direction of Chief Jeremy Novak, the United States Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Cheryl Garcia, and the United States Postal Service, Office of Inspector General, under the direction of Monica Weyler, Special Agent in Charge, Eastern Area Field Office.
The defendants will be arraigned on March 20, 2015 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
10th Street Gang Member Pleads Guilty to Rico Conspiracy Involving A Murder; Five Others Also Plead Guilty to Rico 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 10th Street Gang member David Deynes, 33, of Buffalo, NY, who was convicted of Racketeering Influenced and Corrupt Organization (RICO) conspiracy, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Deynes, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.
The defendant is among 44 10th Street Gang members and associates charged and convicted in this case.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Division.
10th Street Gang Member Pleads Guilty to Rico Conspiracy Involving A Murder; Five Others Also Plead Guilty to Rico 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 10th Street Gang member Matthew Deynes, 33, of Buffalo, N.Y., who was convicted of Racketeering Influenced and Corrupt Organization (RICO) conspiracy, was sentenced to 125 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Deynes, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.
The defendant is among 44 10th Street Gang members and associates charged and convicted in this case.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Division.
Four Charged with Trafficking Heroin and Heroin Laced with FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that John Haak, 33, of Evans, NY, and Francis Tessina, 43, of Buffalo, NY, were arrested and charged by criminal complaint with distribution of heroin and conspiracy to distribute heroin. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on February 28, 2015, law enforcement officers investigated the apparent heroin overdose of a man in Hamburg, NY. During the investigation, officers discovered a cellular telephone that belonged to the deceased individual. Text messages exchanged between the man and defendant Haak revealed that the man had received heroin from Haak shortly before his body was discovered.
Further investigation revealed that Haak delivered bags of heroin, purchased from defendant Tessina, to the deceased man late in the afternoon of February 28, 2015. The defendant also sent text messages to the man warning him to be careful with the heroin because Haak believed it contained fentanyl. The complaint also charges tessina alone of selling heroin on March 9, 2015.
The defendants made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. Defendant Haak was released on conditions and is due back in court on March 20, 2015 at 11:30 a.m. Defendant Tessina is being held pending a detention hearing on March 16, 2015 at 11:30 a.m.
The criminal complaint 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 Division, the Hamburg Police Department, under the direction of Chief Michael Williams, and the Evan Police Department, under the direction of Chief Ernest Masullo.
In a separate case, a federal grand jury has indicted Trent Adair Hamilton, 33, of Lockport, NY, and Michael Paul Mitchell, 33, of Niagara Falls, NY, on a charge of conspiracy to possess with intent to distribute and to distribute heroin. Hamilton is also charged with possession with intent to distribute and to distribute heroin. Mitchell is facing an additional charge of possession with intent to distribute and to distribute crack cocaine. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Hamilton and Mitchell were arraigned on March 10, 2015 before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendants are being held pending a detention hearing on March 13, 2015 at 11:00 a.m.
The indictment is the result of an investigation on the part of the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour, the Lockport Police Department, under the direction of Chief Larry Eggert, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, the North Tonawanda Police Department, under the direction Chief Randy Szukala, the New York State Police, under the direction of Major Michael Cerretto, and the New York State Attorney General’s Office, under the direction of Eric Schneiderman.
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 Pleads Guilty to Gun Charges Involving Two MurdersRead 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 Brandon Jonas, 29, of Buffalo, NY, pleaded guilty to two counts of discharge of a firearm in furtherance of a crime of violence before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of 35 years in prison, a maximum of life, a $250,000 fine or both.
Assistant U.S. Attorneys Joseph M. Tripi and Wei Xiang, who are handling the case, stated that on November 11, 2004, the defendant shot and killed Nelson and Miguel Camacho, who were brothers, inside a residence on Niagara Street on Buffalo’s West Side.
The defendant, along with co-defendants Efrain Hidalgo and Misael Montalvo, received information that the brothers might have large amounts of money or drugs and would be good targets to rob. On November 11, 2004, defendant Montalvo drove Jonas and Hildalgo to the vicinity of the Niagara Street residence. Jonas was armed with an AK-47 style rifle and Hidalgo had a baseball bat. After surveilling the residence, Jonas and Hildalgo forced their way into the residence in an attempt to rob money and drugs from the brothers. During the robbery attempt, Jonas shot and killed the Camachos.
Josue Ortiz served 10 years in state prison for the murders of Nelson and Miguel Camacho. His conviction was recently vacated by an Erie County Court judge based on the findings of this federal investigation.
Efrain Hildalgo was convicted and is scheduled to be sentenced on June 17, 2015 at 1:00 p.m. Charges are still pending against Misael Montalvo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.
Sentencing is scheduled for June 29, 2015 at 1:00 p.m. before Judge Arcara.
Rochester Man Sentenced on Drug Trafficking and Firearms 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 Roger Alexander, 42, of Rochester, NY, who was convicted of possession of marijuana with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense, was sentenced to 144 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on September 7, 2012, officers of the Rochester Police Department executed a search warrant in the upstairs apartment at 1220 Clifford Avenue in Rochester. As officers entered the residence, they heard a window breaking and saw a person throwing an object from the window on the second floor. Officers searching the residence found a loaded handgun among broken glass on the ground outside. Alexander was arrested as he exited the bathroom of the residence. The defendant appeared to have fresh cuts and was bleeding from his forearms. Officers also arrested co-defendant Edward Jackson inside.
During the search, officers found and seized nearly a pound of marijuana and over $3,000 in United States currency. Officers also located multiple scales typically used to weigh controlled substances and ammunition in varying quantities and calibers, including .45 caliber and .38 caliber.
Co-defendant Edward Jackson was sentenced to 90 months in prison terms for his involvement in the conspiracy.
The sentencing is the result of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Rochester Man Pleads Guilty to 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, Jr. announced today that Willie R. Wynn, 49, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of heroin with intent to distribute and possession of a firearm while being a previously convicted felon. The drug charge carries a maximum penalty of 30 years in prison, a fine of $2,000,000 or both. The firearms charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00, or both.Assistant U.S. Attorney Charles E. Moynihan who is handling the case, stated that on September 24, 2014, Rochester Police officers were investigating a stolen bicycle report which had occurred in the area of Franklin Street and Pleasant Street in Rochester. During the investigation, officers encountered Wynn near the Eastman School of Music at the intersection of East Main Street and Gibbs Street. The defendant matched the description given to the police of the person who took the bicycle so officers attempted to stop and speak with him. Wynn rode away from officers on his bicycle, forcing them to chase him. As officers caught the defendant and were taking him into custody, he fell to the ground. The officers saw a silver Cobra Enterprises CA-380, semi-automatic pistol on the ground next to Wynn’s waist. The handgun was loaded with six rounds of ammunition. Officers searched the defendant and found 20 individual bags of heroin in the pocket of his pants. Wynn was previously been convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree in 1991 and Manslaughter in the Second Degree in 1995.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for June 3, 2015 at 11:00 a.m. before Judge Wolford.
Lackawanna 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 Carvis McCutcheon, 34, of Lackawanna NY, pleaded guilty to conspiracy to possess with the intent to distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum five years in prison and a maximum of 40 years.Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant conspired with others to sell crack cocaine in Lackawanna. Some of the sales took place in the area of the Gates Housing Facility.
"As this case demonstrates, our Office will simply not allow a defendant to turn a facility created for the public good into a private prison of misery, said U.S. Attorney Hochul."
The plea is the culmination of an investigation on the part of the Lackawanna Police Department, under the direction of Chief James Michel and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. hunt, New York Field Division.
Sentencing is scheduled for before June 29, 2015 at 12:30 p.m. before Judge Arcara.
Rochester Man Admits Carrying Gun While Selling DrugsRead 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 Jesus Velez, 21, of Rochester, New York, pleaded guilty before U.S. District Court Judge Charles J. Siragusa, to felony charges of Possession With Intent to Distribute Cocaine and Possession of a Firearm During and in Relation to a Drug Trafficking Crime. The drug charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both. The firearm charge carries a maximum penalty of line prison, a fine of $250,000 or both.
Assistant U.S. Attorney Jennifer M. Noto, who handled the case, stated that the defendant was observed by members of the Rochester Police Department carrying a loaded firearm while possessing cocaine that he intended to sell on July 11, 2014, in the City of Rochester.
The plea was 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 officers of the Rochester Police Department under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for June 5, 2015, at 9:15 A.M. EST, in Rochester, N.Y., in front of Judge Siragusa.
Akron Man Sentenced for Conspiracy to Import Bath Salts from ChinaRead the Press Release
CONTACT: Karen Brown
PHONE: (716) 843-5836
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Rodney Howard, 45, of Akron, N.Y., was sentenced to 36 months in prison by United States District Court Judge William M. Skretny for conspiracy to import alpha-PVP, a synthetic drug also commonly known as “bath salts.”
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that a quantity of bath salts was ordered over the Internet from China and addressed to a third party at the defendant’s residence in Akron. On April 15, 2014, Howard arrived at the United States Post Office in Akron and picked up the package, which contained 14 ounces of alpha-PVP. Special Agents from Homeland Security Investigations then arrested the defendant.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, and Special Agents of the U.S. Postal Inspection Service, Boston Division, under the direction of Inspector in Charge, Shelly A. Binkowski.
Rochester Woman Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr., of the Western District of New York, announced that Jennifer Gilbert, 47, of Rochester, New York, pleaded guilty before U.S. District Judge Frank P. Geraci to fraudulently obtaining a U.S. Passport by making false statements in the passport application. The maximum penalty for this charge is a term of imprisonment of 10 years and a fine of $250,000.Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Jennifer Gilbert applied for a passport in 2007 using the name and identification of another individual, Lena B.W. Years later, in May 2014, Lena B.W. applied for a passport for herself. Lena B.W.’s application triggered a review of the 2007 application that defendant had submitted, and resulted in defendant’s fraud being discovered.
Sentencing is scheduled for June 4, 2015, at 3:00 pm, before Judge Geraci.
This criminal complaint is the culmination of an investigation by Special Agents from the United States Department of State.
Former Truck Driver Found Guilty on ChargesRead the Press Release
CONTACT: Margaret McFarland
PHONE: (716) 843-5877
FAX: (716) 551-3051
BUFFALO, N.Y.– A federal jury in Buffalo has returned a verdict of guilty of all counts of an Indictment charging David Allen Vickers, 50, of Stanley, NY with transportation of minors with the intent to have sex, announced U.S. Attorney William J. Hochul, Jr., of the Western District of New York.“That this defendant continuously abused numerous children over almost a quarter of a century makes him one of the area’s most prolific and dangerous abusers we have convicted,” said U.S. Attorney Hochul. “Thanks to the courage of four of the victims who testified, today’s verdicts mean that this defendant will never again harm another child.”
Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering stated that the jury found the defendant guilty of transporting two minors in interstate commerce with the intent to engage in criminal sexual activity. According to the evidence introduced at trial, the defendant, an over the road truck driver, transported two victims to Canada, New Jersey and Pennsylvania, and repeatedly abused and molested them while he was making deliveries. This abuse occurred in the time frame of 1999 to 2007.
The trial evidence also disclosed that the defendant abused other children, with the first abuse beginning in 1983. This pattern of abuse included extensive psychological manipulation of the victims (sometimes referred to as “grooming”), and was facilitated through the defendant’s projection of benevolence to the victims’ families. The defendant also established and operated a bed and breakfast on Seneca Lake, “Paradise on the Lake,” to which he took the eventual victims in an effort to manipulate and gain their trust. The defendant also gave the victims alcohol, cigarettes, toys, and access to ATVs.
The defendant’s cover was so successful, in fact, that both of the victims named in the Indictment had at one time been assigned to the custody of the defendant by a Family Court Judge.
The sentencing is scheduled for June 24, 2015. The charges carry a mandatory minimum penalty of 10 years imprisonment, a maximum penalty of life imprisonment, a fine of $250,000, or both.
The trial was the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation under the direction of Brian P. Boetig, Special Agent in Charge, and the Batavia City Police Department under the direction of Chief Shawn Heubusch. The evidence was presented to the jury by Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering. The case was heard by United States District Court Judge Richard J. Arcara.
Rochester Man Sentenced for OnlineRead 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 Matthew D. King, 31, of Rochester, N.Y., who was convicted of online enticement of a minor, was sentenced yesterday to 121 months in federal prison to be followed by 15 years of supervised release by U.S. District Court Judge Frank P. Geraci. King was also ordered to register as a sex offender.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that in 2012, the defendant was employed as a Youth Care Professional at the Hillside Children’s Center (HCC), a provider of care for youth and families with a wide range of emotional, behavioral, or life-circumstance challenges. In this role, King had direct supervisory responsibility over at risk youth, including the victim who was a 15 year old child.
Between February and August 2012, the defendant came into contact with the child on a regular basis and would frequently discuss sexual topics with the victim. King eventually asked the child to engage in sexual activity, and in fact did engage in sexual activity with the child on several occasions at or around HCC. In August of 2012, the victim reported this activity to HCC staff after King was reassigned as his supervisor. HCC immediately notified the New York State Police who conducted an investigation.
The investigation revealed that the defendant and the child engaged in sexual conduct on multiple occasions. Investigators also learned that on July 23, 2012, King contacted the child over the internet using an online social networking site, to arrange a sexual meeting with the child later that day. The defendant used this online contact to entice the child to engage in sexual conduct, which then took place. State Police contacted Homeland Security Investigations for assistance.
Following the State Police investigation, the defendant was charged with and pled guilty to five counts of Criminal Sexual Act, 3rd Degree (Felony) and two counts of Endangering the Welfare of a Minor (misdemeanor) in State Court related to his contact children under his care.
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 plea is the culmination of an investigation on the part of Investigators with the New York State Police, under the direction of Major Scott Crosier, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
National Consumer Protection WeekRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. — The United States Attorney’s Office for the Western District of New York is commemorating National Consumer Protection Week (NCPW) March 1-7, 2015. NCPW is a coordinated campaign that encourages consumers nationwide to take full advantage of their consumer rights and make better-informed decisions.
“While today may begin National Consumer Protection Week, our focus must be on People Protection, each and every day,” said U.S. Attorney Hochul. Financial predators from around the world target not just the most vulnerable, such as seniors, but the trusting and less technically savvy. Fortunately, there are simple strategies which can maximize your safety, and wonderful private and public partners willing to help. Remember, denial need not be an option, and loss of savings or identity need not be the end of the story.”
U.S. Attorney Hochul joined with representatives of the United States Postal Inspection Service and the Better Business Bureau to warn the public of potential scams and offer tips to consumers to avoid becoming a victim of fraud.
“Today’s consumer must be vigilant in their fight to protect themselves against fraud. We’re working every day to educate the public about the latest scams and attempts to steal personal identifying information because we know the best defense is a well-informed consumer,” said Warren Clark, president Better Business Bureau of Upstate New York. “BBB is proud to support National Consumer Protection Week. We vow to help the public take full advantage of their consumer rights and offer trusted information so they can make knowledgeable buying decisions.”
If consumers believe they have been the victim of a scam or fraud:
• File a complaint with the Federal Trade Commission at ftc.gov/complaint.
• Visit ftc.gov/idtheft for tips on minimizing the risk of identity theft.
• Contact the Better Business Bureau bbb.org/upstate-new-york/.
Two Lackawanna Residents Arrested and Charged with 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 Susan Dietrich, 52, and James Duncan, 50, both of Lackawanna, NY, were arrested and charged by criminal complaint with possession with intent to distribute methamphetamine, cocaine, and hydrocone and maintaining a premises for drug trafficking. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the complaint, Lackawanna Police executed a search warrant at the residence of the defendants on Roland Avenue. Officers recovered methamphetamine, cocaine, hydrocodone, and approximately 50,000 in United States currency.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Duncan is detained pending.
The criminal complaint is the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field 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.
Ohio Woman Sentenced for Importing Drugs into U.S.Read 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 Leeann Corley, 29, of Dayton, Ohio, who was convicted of importing approximately 32,000 pills containing methamphetamine, MDMA and BZP into the United States from Canada, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S Attorney Mary Catherine Baumgarten, who handled the case, stated that on March 3, 2011, the defendant attempted to enter the United States from Canada at the Peace Bridge as a passenger on a Greyhound bus. During a secondary inspection of the bus and its passengers, Corley was sent for a pat-down search after several inconsistencies were found in her statements to Customs and Border Protection Officers. During the search, officers located 33 ziplock bags containing multi-colored pills concealed in a bodysuit that the defendant was wearing.
A forensic analysis determined there were approximately 32,000 tablets containing methamphetamine, 3,4 methylene-dioxymethamphetamine, and benzylpiperazine, all controlled substances.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Securiy Investigations, under the direction of Special Agent in Charge James C. Spero and Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.
Former Rochester Mail Carrier Pleads Guilty to Abusing His Position to Steal from MailsRead 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 Bianchi, 48, of, Rochester, NY, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to a misdemeanor theft and corruption charge. The charge carries a maximum sentence of 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 Bianchi worked as mail carrier for U.S. Postal Service in Rochester. On June 30, 2013, the defendant was observed using a debit card and PIN number that he stole from the mails to withdraw $400 from an ATM.
This plea is the culmination of an investigation by the U.S. Postal Service, Office of Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Sentencing is scheduled for Bianchi May 13, 2015 at 10:00 a.m. before Judge Payson.
Buffalo Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Alexy Diaz, 31, of Buffalo, NY, who was convicted of possession of a firearm by an armed career criminal, was sentenced to 100 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on November 22, 2011, the defendant possessed a firearm at 1160 Kensington Avenue in Buffalo. Diaz was previously convicted of three violent felony or serious drug offenses in state court making him an armed career criminal.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation’s Safe Streets Task Force.
Buffalo Man Sentenced for Possession of Child Pornography and Violating Supervised Release for the Second TimeRead 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 Kemp, 37, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to 10 years in prison by U.S. District Court Judge Richard J. Arcara. In addition, the defendant was sentenced to four months in prison for violating his supervised release.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on October 15, 2013, Kemp’s U.S. probation officer found a computer and hard drive hidden between the defendant’s mattress and box spring in his bedroom. The computer contained over 50 images and eight videos of child pornography. The defendant was on supervised release following his July 2008 release from prison for a previous conviction of possession of child pornography.
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 sentencing is the culmination of an investigation on the part of officers of the United States Probation Department, under the direction of Anthony SanGiacomo, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Regional Computer Forensic Laboratory.
Buffalo Man Indicted on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5017
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 Aaron Hicks, a/k/a Boog, a/k/a Boogy, 30, of Buffalo, NY, with conspiracy to distribute five kilograms or more of cocaine. The charge carries a mandatory minimum of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, between 2010 and 2014, the defendant was involved, along with others, in the distribution of cocaine on the East Side of Buffalo. In a related case, in July 2014, 17 members and associates of the Schuele Boys were also arrested and charged with conspiracy to distribute cocaine.
The indictment is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. hunt, Special Agent in Charge.
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 Indicted on Drug and Money Structuring ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Brandon Washington, 31, of Buffalo, NY, with possession with intent to distribute cocaine and money structuring. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the indictment, the defendant was arrested as a result of a long term investigation into cocaine trafficking in the Buffalo area. The indictment further states that Washington deposited large amounts of cash into accounts with Bank of America. But the way in which the defendant structured the deposits caused the financial institution to fail to file proper financial reports.
The defendant was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Hill. He is being held pending a detention hearing on March 6, 2015 and 2:00 p.m.
The indictment is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division and the 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.
Buffalo Man Arrested, Charged with Being Involved in Two Murders and Four Other ShootingsRead 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 Cebrinn Hill, 25, of Buffalo, NY, was arrested and charged by criminal complaint with aiding and abetting and discharge of a firearm that cause the death of two individuals. The charge carries a maximum penalty of life penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the complaint, on April 17, 2006, Hill was part of a group of individuals, including 10th Street Gang members and associates, who shot and killed two victims and wounded four others. Brandon MacDonald and Darinell Young were murdered on Pennsylvania Street on Buffalo’s West Side. The complaint further states that the shootings occurred in retaliation for the shooting of a 10th Street Gang member the previous day.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Hill is being held pending a detention hearing on March 3, 2015.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major 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.
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.
Armed Drug Trafficker Sentenced on Drug, Firearms ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Luis Abril, 31, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine and 100 grams or more of heroin, and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 10 years in prison and five years supervised release by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to forfeit two handguns and numerous rounds of ammunition seized during the investigation.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Abril was a member of a Rochester-based drug conspiracy led by Raymond Collazo, in which large quantities of crack cocaine and heroin were processed, packaged and resold in various quantities in Rochester. Abril and Collazo utilized multiple locations, including 617 Ridgeway Avenue in Rochester to store, process and distribute the narcotics, and armed themselves while doing so.
On April 24, 2014, Abril, Collazo and others were arrested following the execution of multiple search warrants in Rochester, as well as Collazo’s residence in Orlando, Florida. Abril and Collazo were taken into custody at 617 Ridgeway Avenue, where officers seized over 12 grams of cocaine packaged for sale, 200 grams of heroin, three loaded handguns, one of which was stolen, dozens of rounds of ammunition, $2,466 in U.S. currency, and paraphernalia for processing, packaging, and distributing cocaine and heroin.
Charges are pending against Collazo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation by the Organized Crime Drug Enforcement Task Force, and included involvement by the part of Rochester Police Department, under the direction of Chief Michael Ciminelli, Special Agents of the Federal Bureau of Investigation, 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, Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
Lockport Man Sentenced for Mortgage 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 James P. Vasiliou, Jr., 49, of Lockport, NY, who was convicted of bank (mortgage) fraud, was sentenced to time service and nine months of home detention and electronic monitoring by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution to Bank of America in the amount of $194,285 and to JP Morgan Chase in the amount of $276,645.08, for total restitution of $470,930.08.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant submitted a false application to JP Morgan Chase Bank to refinance a property located at 40 Ashley Street in Lockport. Vasiliou overstated his monthly income from a business he owned on the loan application. The defendant also filed 15 additional false mortgage loan applications with other financial institutions.
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 an investigation on the part of Special Agents of the Federal Bureau of Investigation, the United States Secret Service under the direction of Special Agent-In-Charge C. Todd Laster, Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Cortez Richardson, New York Division, and the Western District of New York Mortgage Fraud Task Force.
Leader of Cheko’s Crew/7th Street Gang Pleads Guilty to Rico, Admits Role in Four Murders and Five Attempted MurdersRead 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 Efrain Hildalgo, AKA Cheko, 28, of Buffalo, NY, pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy and discharging a firearm in furtherance of a violent crime before U.S. District Judge Richard J. Arcara. RICO conspiracy carries a maximum penalty of life in prison. The gun charge carries a mandatory minimum of 10 years in prison and a maximum of life, a $250,000 fine or both.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant was a member of the Cheko’s Crew/7th Street Gang which was responsible for multiple acts of violence and the distribution of illegal narcotics on the West Side of Buffalo between 2000 and 2012. The narcotics included heroin, crack cocaine, cocaine, and marijuana.
The defendant admitted his role in the murders of four people including:
• November 11, 2004 murder of Nelson and Miguel Camacho in their Niagara Street residence. Josue Ortiz served 10 years in state prison for these murders. His conviction was recently vacated by an Erie County Court judge based on the findings of this federal investigation.
• August 11, 2009 murder of 10th St. Gang associate Eric Morrow.
• June 5, 2010 murder of Virgil Page on 19th Street.
Hildalgo also admitted his participation in the attempted murders of five rival gang members including Desmond Ford, Darnell McIntosh and Edwin Rivera.
A total of 18 defendants have been charged in this case. To date, six have been convicted.
The pleas are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major 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.
Sentencing is scheduled for June 17, 2015 at 1:00 p.m. before Judge Arcara.
Deli Shop Worker Sentenced for Food Stamp 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 Nasser Ali Ghanem, 34 of Buffalo, NY, who was convicted of unauthorized acquisition of food stamp benefits, was sentenced to 10 months in prison by U.S. District Judge William M. Skretny. The defendant was ordered to pay $67,139.00 in restitution to the United States Department of Agriculture.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant participated in the operation of a deli shop known as Hollywood Nights Prime Shop on Jefferson Avenue in Buffalo. From October 2008 through January 2011, Ghanem purchased food stamp benefits from food stamp recipients for cash at less than their full value. The total loss amount to the United States Department of Agriculture is estimated at $67,139.00.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General, under the direction of William G. Squires Jr., Special Agent in Charge, Northeast Region.
Brockport Man Pleads Guilty to Mail Fraud and Forging Treasury ChecksRead 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 Steven Ray, 49 of Brockport, NY, pleaded guilty to one count of mail fraud and one count of forging treasury checks before U.S. Magistrate Judge Marian W. Payson. The mail fraud charge carries a maximum penalty of 20 years in prison, a fine of up to $250,000, or both. Forging treasury checks carries a maximum penalty of 10 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 Ray admitted to cashing more than 120 forged United States Treasury Checks worth more than $400,000. The checks were stolen from the New York City Area as well as from other parts of the United States. Ray would get the stolen checks mailed to him via the United States Postal Service at his Brockport home.
A review of United States Postal Service records confirmed that between March 2013 and August 2013, at least 20 Express Mail pieces addressed from Lithonia, GA had been delivered to Ray's Brockport residence. The defendant told investigators that he had the packages addressed to his adult daughter, claiming that someone needed to sign for them during the day, however, Postal records showed that none of the Express Mail pieces involved actually required a signature for delivery.
During the investigation, federal agents identified at least 13 area bank accounts controlled by the defendant under various names. The defendant would take the stolen Treasury Checks he received by mail and then deposit them across these accounts. Many of the checks belonged to people who received Social Security payments, tax refunds, and other money drawn from the United States Treasury to help the intended recipients.
One stolen $33,000 check, deposited by Ray in May 2013, was meant as a retirement disbursement for a woman in California. When questioned by investigators, the defendant claimed that he got the check as a down payment for the sale of some local property to a woman he had never met who came into his store one day. Ray told the bank a different story for why he was depositing this check, and claimed that he was friends with the woman named on the check and claimed it was for the purchase of a different piece of property than that which he told investigators. However, when investigators tracked the victim down and interviewed her, she denied knowing the defendant or any of his related businesses. She told law enforcement that she never received her check, never endorsed her check, never deposited her check into the defendant’s account, and never authorized anyone else to do so. She did not buy any property from the defendant or anyone else in Western New York.
As a result of the defendant’s scheme to defraud, Ray obtained more than $405,000 to which he was not otherwise entitled. During the investigation, federal agents were able to recover almost $100,000 in stolen funds, which was returned to the rightful recipients.
The plea is the culmination of an investigation on the part of Inspectors from the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the Direction of Special Agent in Charge of the New York Field Office, Shantelle P. Kitchen.
Sentencing is scheduled for May 26, 2015 at 10:00 a.m. before U.S. District Court Judge David G. Larimer.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. B U.S. Attorney William J. Hochul, Jr. announced today that George Torres, 53, of Buffalo N.Y., who was convicted of unlawfully possessing with intent to distribute more than 200 grams of heroin and possessing a firearm in furtherance of drug trafficking, was sentenced to 168 months in prison by U.S. District Judge Richard J. Arcara. The court also ordered the forfeiture of $368,270.00 in drug proceeds and three firearms.Assistant U.S. Attorney George C. Burgasser, who handled the sentencing, stated that on November 13, 2012, Buffalo Police and the FBI executed a search warrant at the defendant=s residence at 55 Garner Avenue in Buffalo. During the search, law enforcement officers seized over 200 grams of heroin, three handguns, and $368,000 in United States currency.
The sentencing is the culmination of an investigation by members of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, Special Agents of the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.
Elmira Man Pleads Guilty to Producing 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 Shannon T. Lewis, 41 of Elmira, NY, pleaded guilty to producing child pornography before U.S. District Court Judge Charles J. Siragusa. The charge carries a mandatory minimum 15 years and a maximum penalty of 30 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 Lewis was first identified during a sexual assault investigation being conducted by the Elmira Police Department. Police learned that the defendant harbored at risk minors who ran away from a nearby juvenile facility. While in his custody, Lewis gave the minors drugs including bath salts. Investigators learned that the defendant and another adult raped one of the minors, a 16 year old girl and that Lewis videotaped the rape. Police then contacted the Corning Resident Office of the Federal Bureau of Investigation for assistance.
During the investigation, several homemade sexually explicit videos of the child were found on the defendant’s computer. The videos showed Lewis hiding the camera in his room before bringing the child in and raping her. The defendant was also seen giving the child victim bath salts before, during, and after the rape.
Lewis was convicted of Rape in Chemung County and is presently serving a sentence of two and a half years in State Prison for that offense. Following today’s plea, the defendant was remanded to the custody of the United States Marshals Service pending his federal sentencing.
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 plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Corning Resident Office, and members of the Elmira Police Department, under the direction of Chief Michael Robertson.
Sentencing is scheduled for May 27, 2015, at 11:00 a.m. before Judge Siragusa.
Mt. Morris Man Sentenced in Child Pornography CaseRead 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 Patrick Welch, 59, of Mt. Morris, NY, who was convicted of possession of child pornography, receipt of child pornography and distribution of child pornography, was sentenced to 240 months in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa. Due to a prior conviction, the charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that on May 13, 2013, the Livingston County Sheriff's Office received a lead from the Los Angeles County Sheriff's Office concerning a potential child exploitation case. A Los Angeles County Sheriff's investigator had received a cyber tip from the National Center for Missing and Exploited Children that two individuals appeared to be chatting about and trading child pornography on a certain internet site. Both individuals purported to be teenaged boys.
One of the individuals chatting used the screen name "David D." A search warrant was executed on the provided email account and images of child pornography were found. The internet protocol address for "David D" was registered to Welch's address on Scipio Road in Mt. Morris. After a search warrant was executed at the defendant's residence, a forensic review of one of Welch's computers was conducted and images of child pornography were found.
In 2003, the defendant was convicted in Livingston County of sexual conduct against a child and, following his conviction, he was required to register as a sex offender.
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 sentencing is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Livingston County Sheriff's Department, under the direction of Sheriff Thomas J. Dougherty, and the Los Angeles County Sheriff's Department, under the direction of John L. Scott.
Greece Man Found Guilty of Receiving and Possessing Child Pornography Following Non-Jury TrialRead 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 Nicholas M. Skvarla, of Greece, NY, was found guilty of receipt and possession of child pornography by U.S. District Judge Richard J. Arcara following a non-jury trial. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.Assistant U.S. Attorneys Aaron J. Mango and Bradley E. Tyler, who are handling the case, stated that in March 2008, the Monroe County Sheriff’s Department conducted an undercover peer to peer internet file sharing investigation. A deputy found numerous image and video files available for download from a particular Internet Protocol (IP) address. Further investigation determined the IP address belonged to the defendant.
The investigator downloaded images and videos over five dates in April, May and July of 2008. Of the 24 images and videos downloaded, at least 10 appeared to depict children under the age of 17 and depict minors engaged in sexually explicit conduct. On September 11, 2008, investigators conducted a search warrant at Skvarla’s Forgham Road residence at which time the defendant was arrested.
Several items seized from the defendant’s residence were turned over the Western New York Regional Computer Forensics Laboratory. A forensic examination determined that Skvarla’s computer and hard drive contained 139 images and 112 videos of suspected child pornography. A total of 32 known children were identified in the images.
The verdict is the culmination of an investigation on the part of the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn, the Federal Bureau of Investigation Cyber Crime Task Force, Immigration and Customs Enforcement, Homeland Security Investigation, under the direction of Special Agent in Charge James C. Spero, and the Western New York Regional Computer Forensics Laboratory.
Sentencing is scheduled for May 26, 2015 at 12:30 p.m. before Judge Arcara.
Gasport Man Pleads Guilty to Possession of Child PornographyRead 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 Christopher Wittcop, 43, of Gasport, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that Wittcop possessed child pornography on a laptop computer in Lockport, NY on July 18, 2011. A forensic analysis determined the computer contained over 600 images and video files of child pornography. Wittcopp used peer to peer software to share the images with others through the Internet.
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 plea is the culmination of an investigation on the part of officers of the Federal Bureau of Investigation Cyber Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff James Votour.
Sentencing is scheduled for May 20, 2015, at 12:30 p.m. before Judge Arcara.
Angolan National Pleads Guilty to Identity TheftRead 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 Lorena Midia, 33, most recently a resident of Toronto, Ontario, Canada, and a native of Angola, pleaded guilty before Chief U.S. District Court Judge William M. Skretny to aggravated identity theft. The charge carries a mandatory minimum penalty of two years in prison.Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant applied for a United States Passport on October 29, 2010, at the Buffalo Passport Office Agency. Midia fraudulently claimed to a United States citizen named Tabitha Humber by presenting a social security card, New York State birth certificate, and New York State Benefit ID Card issued in the name of Humber. After being indicted, Midia was arrested in Toronto by Canadian authorities on August 1, 2013 and formal extradition proceedings led to the defendant being brought to the United States for prosecution.
The conviction is the result of an investigation on the part of Special Agents of the United States Department of State, Diplomatic Security Service, under the Direction of Special Agent In-Charge William Ferrari, and the Social Security Administration, Office of Inspector General, under the direction of Special Agent in Charge Edward Ryan.
Sentencing is scheduled for June 24, 2015 before Judge Skretny.
7th Street Gang Member Pleads Guilty to Rico Conspiracy; Admits Role in Murder of Rival Gang MemberRead 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 Uda Hidalgo, 31, of Buffalo, pleaded guilty to racketeering conspiracy before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison and a $250,000 fine.Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2012, Hildalgo was a member of the Cheko’s Crew/7th Street Gang which was responsible for drug trafficking and violent crime on Buffalo’s West Side. During this time, as a part of the rivalry with the 10th Street Gang, the defendant participated with others in the murder of 10th Street Gang associate Eric Morrow. Hildalgo provided one of the firearms used by other gang members to shoot and kill Morrow on August 11, 2009. The defendant also sold illegal narcotics on Buffalo’s West Side.
The please is the culmination of an investigation on the part of Special Agents of the FBI, 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 James S. Higgins, New York Field Division.
Sentencing is scheduled for May 26, 2015 at 12:30 p.m. before Judge Arcara.
Social Worker Sentenced for Defrauding Blue Cross Blue ShieldRead 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 Nina Jafari, a licensed clinical social worker, 64, of Amherst, N.Y., who was convicted of health care fraud, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorneys Michael DiGiacomo and Aaron J. Mango, who handled the case, stated that the defendant defrauded Blue Cross Blue Shield of Western New York. Jafari submitted reimbursement claim forms to the insurance provider for services that were not rendered. The Government’s evidence included tape recorded conversations between the defendant and a patient. In those conversations, Jafari instructed the patient not to share any information with Blue Cross Blue Shield regarding dates of service.
The amount that the defendant defrauded the insurance carrier totaled approximately $138,000.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Health Care Fraud Task Force.
Seven Individuals Charged by Complaint WithRead 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 seven defendants have been charged in four separate criminal complaints with sex trafficking of a minor and conspiracy to sex traffic minors. The charges carry a mandatory minimum penalty of 10 years in prison for each victim, a maximum of life, and a $250,000 fine.
Charged by complaint are:
- Stephen Jones, 27
- Kasandra Weeks, 22
- Leeosha Allen, 21
- Martin Pullin, 23
- Thaddeus Grice, 36
- Maraida Echevarria, 25
- Christian Nartey, 23
In addition, Stephen Jones and Kasandra Weeks are charged with trafficking of an adult through the use of force. Maraida Echevarria and Christian Nartey are charged with transporting a minor across state lines to engage in sex trafficking.
“These defendants stand accused of seeking out and preying upon some of the more vulnerable victims in our community,” said U.S. Attorney Hochul. “Coming from difficult circumstances, victims were lured by the promise of money and drugs, or coerced with violence. Law enforcement will continue its efforts to abolish this modern day form of slavery.”
“It’s a story of threats, intimidation, violence and slavery where young girls are being forced into a world of sex for money,” said James Spero, Special Agent in Charge of HSI Buffalo. “Human trafficking is not something that is happening far away. Young girls and women in your neighborhood are being victimized every day. The threat is everywhere. The allegations in this case are particularly troubling because of the volume of defendants who were accessing these young girls, but it underscores HSI’s commitment to working with our law enforcement partners to search out exploiters who work to victimize very young women and children."
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, between June 2013 and March 2014, the defendants targeted and manipulated seven minor victims and two adult victims, many of whom were at-risk and vulnerable, to engage in prostitution activities.
According to the complaints, some victims were located through social media accounts. Defendant Stephen Jones, meanwhile, went to the Department of Social Services or women shelters and waited until girls appearing young in age came outside. According to the complaint, victims were promised quick money and drugs, and on other occasions, threatened with violence. The victims lived with the defendants at hotels and various houses associated with the defendants.
Regarding the sex trafficking, defendants posted daily advertisements using fake photos for the victims on backpage.com and myprovider.com. One advertisement read: “ITS KRISTEN AND ASHLEY!! Ur 2 favorite young GODDESS up all day READY2play!! :-) CALL NOW!! Victims were taken from the Rochester area to Buffalo, Syracuse, Albany, Utica, and New Jersey to engage in prostitution activities and avoid detection by law enforcement. To keep control over the victims, the defendants kept the money victims earned from prostitution activities, and limited the victims’ communications with family and friends.
U.S. Attorney Hochul also provided warnings to both children and parents. “The best protection lies in recognizing the scope of the problem. Children and parents should remember common sense tips – all of which begin with ‘T.’”
“Young people, watch your TECH, including internet-connected phones, computers, on-line games and social media sites. The THREAT does not come solely from men, women also may be predators and lookouts for victims. Watch your TALK – strangers look and listen for vulnerable children. TRUST your gut, and always TURN to parents, counsellors and loved ones at any sign of danger.”
“For parents, recognize the THREAT, TALK to your child, and be aware that traffickers most often TARGET the young, lonely, alienated or those who have no one to protect them.”
The criminal complaints are the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigation, under the direction of Special Agent in Charge James C. Spero, the Federal Bureau of Investigation, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Brighton Police Department, under the direction of Chief Mark Henderson, and the Gates Police Department, under the direction of Chief James Vanbrederode. Additional assistance provided by the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Nine Individuals Charged with Cocaine 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 Edward Mighty, Seymour Brown, Andre Taylor, Ricardo Bailey, Robert Wilson, Kenneth Harper, Desmond Bice, and Christopher, all of Rochester, NY, were charged by criminal complaint with conspiracy to possess with intent to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base, use of a telephone to facilitate drug trafficking distribute marijuana. Defendants Mighty, Brown, Taylor, Wilson, Harper, Bice, and Samuels were also charged with possession of a firearm in furtherance of a drug trafficking crime and conspiracy to possess firearms in furtherance of drug trafficking. In addition, Winifredo Gonzales, of Brooklyn, NY was charged with conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession of firearms in furtherance of a drug trafficking crime.
The cocaine distribution conspiracy charge carries a maximum sentence of life in prison, and a $10,000,000 fine. The possession of a firearm in furtherance of a drug trafficking charge carries a minimum sentence 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 complaint, Edward Mighty is one of the leaders of a Rochester-based drug trafficking organization. Mighty obtained kilogram quantities of cocaine from Winifredo Gonzales in Brooklyn. The cocaine was transported to Rochester and processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple sellers in the Rochester area.
Mighty had individuals who worked for the drug trafficking organization utilize their cell phones to conduct the drug business including Andre Taylor, Seymour Brown, and Ricardo Bailey. Mighty’s organization supplied numerous upper and mid-level cocaine distributors, including Robert Wilson and Wilson’s partner Kenneth Harper. Wilson further supplied, among other individuals, Desmond Bice. Christopher Samuels worked with Bice in further distributing the cocaine.
On February 10, 2015, officers executed a search warrant and arrested Winifredo Gonzales at a residence in Brooklyn. Officers recovered 17 kilograms of cocaine and two handguns, including an UZI 9mm pistol. Officers also seized approximately $70,000 in U.S. currency.
On that same date, law enforcement officers monitored the transport of cocaine from Brooklyn to Rochester. Officers also monitored a vehicle as it traveled from Brooklyn to Rochester, the center of the Rochester drug distribution activities. The car arrived at 54 Strong Street where officers executed another search warrant. They also executed a search warrant at 319 Alphonso Street in Rochester.
Edward Mighty and Ricardo Bailey, who was the driver of the car, were taken into custody. A later search of the car recovered one kilogram of cocaine. Andre Taylor fled on foot running through the snow-covered backyards and was taken into custody a short distance away. Inside 54 Strong Street, officers recovered a Glock .40 caliber semi-automatic handgun loaded with 11 rounds of live ammunition, 13 rounds of live .357 caliber ammunition, Western Union receipts, multiple cell phones, drug distribution paraphernalia, and $3,941 in U.S. currency.
Seymour Brown was arrested at his residence at 319 Alphonso Drive in Rochester. During the search of that location, officers seized multiple cell phones, a loaded .357 caliber handgun, and $3,147 in U.S. currency. Robert Wilson and Kenneth Harper were arrested at a residence at 418 Lyell Avenue.
Two more search warrants were executed at 295 Smith Street and 1702 Empire Boulevard in Rochester. During the searches, officers recovered 29 bags of crack cocaine, three handguns, dozens of rounds of ammunition, multiple cell phones including a radio frequency detector cell phone, drug distribution paraphernalia, over $10,000 in U.S. currency.
Desmond Bice was arrested at 35 Portland Parkway, Rochester at which time officers found 28 grams of crack cocaine, three handguns, dozens of rounds of ammunition, multiple cell phones drug distribution paraphernalia and $3,270 in U.S. currency.
Samuels was arrested at 75 Floverton Street in Rochester where officers found 73 grams of cocaine, marijuana, two handguns, a dozen rounds of ammunition, multiple cell phones, drug distribution paraphernalia, and $227 in U.S. currency.
The criminal complaint is the culmination of a joint federal and state wiretap investigation on the part of the Organized Crime Drug Enforcement Task Force, the Rochester Police Department, under the direction of Chief Michael Ciminelli, 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.
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 Doctor Sentenced to Prison for Defrauding University of Rochester and Filing A False A False Tax ReturnRead 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 Doron Feldman, 54, of Williamsville, NY, who was convicted of conspiracy to commit mail fraud and filing a false tax return, was sentenced to 24 months in prison by U.S. District Judge Frank P. Geraci. 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.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant practiced as an anesthesiologist for CGF Anesthesia and Associates in Buffalo, NY. CGF provided anesthesia services to patients undergoing surgery at Strong Memorial Hospital, Highland Hospital and other medical facilities in the Rochester, N.Y. area. Between September 2007 and December 2009, Feldman, along with co-defendant Debra Bulter and others, devised a scheme to defraud and obtain money from the Department of Anesthesiology at the University of Rochester.
In September 2007, fraudulent invoices were submitted to the Department of Anesthesiology for services that were never provided by Feldman. In her position as Program Administrator for the department, Debra Bulter approved payment of the fraudulent invoices. From 2008 through 2010, the Department of Anesthesiology paid fraudulent fees totaling approximately $1,460,000 with the defendant receiving approximately $630,000 of that amount.
Debra Bulter has been convicted of conspiracy to commit mail fraud and money laundering and is awaiting sentencing on March 19, 2015.
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.
Settlement Reached in Murder-For-Hire LitigationRead the Press Release
CONTACT: Peggy McFarland
PHONE: (716) 843-5877
FAX: (716) 551-3051
BUFFALO, N.Y. - United States Attorney William J. Hochul, Jr. announced today that a stipulation and settlement agreement had been entered between with Randall Delbert Knight and approved by the Honorable William M. Skretny, Chief United States District Judge for the Western District of New York.
In 2010, Knight pleaded guilty before the Chief Judge Skretny to interstate murder-for-hire, for his July 3, 1994, murder of Andie Gasper, in the Town of Yorkshire in Cattaraugus County. Prior to stabbing Mr. Gasper to death, Knight and the victim’s wife, Cheryl Gasper, discussed murdering him in order that they might share in the proceeds of his life insurance policy. In furtherance of those discussions, Knight and Cheryl Gasper communicated using facilities of, and travelled in, interstate commerce between their respective residences in the States of Ohio and New York. Prior to his prosecution in federal court, Knight, in 1995, had been tried and acquitted for the murder in New York State Court. Following his 2010 federal plea of guilty, which also contained an agreement from the State of Ohio that he would not face prosecution in Ohio for his murder of Gasper, Knight was sentenced principally to a term of imprisonment of 288 months.
After he was sentenced, Knight claimed that the attorney who represented him at the time of his plea in federal court was deficient in that the attorney failed to raise and consider, prior to his plea of guilty, a potential statute of limitations defense. The defense could have been based on the fact that the statute to which Knight pled guilty was governed by a five (5) year statute of limitation period as of the date of the homicide. The law was amended, after the homicide, on September 13, 1994, with such amendment arguably removing the statute of limitation period.
While Chief Judge Skretny originally rejected Knight’s statute of limitation claim, the Second Circuit Court of Appeals, following an appeal by Knight, sent the case back to Chief Judge Skretny for further consideration. In so doing, the Court of Appeals observed that the Solicitor General’s Office, in a brief filed in an unrelated case before the United States Supreme Court, had adopted the position that the Department of Justice no longer believed that the 1994 amendment to the murder-for-hire statute—the same statute to which Knight had pled guilty—extended the statute of limitations applicable to offenses committed before that date. As a result, the government was effectively precluded from defending the very argument relied upon by Chief Judge Skretny in rejecting Knight’s claims.
On remand, Judge Skretny, beginning last month, commenced a fact finding hearing. The United States was represented at that hearing by First Assistant United States Attorney James P. Kennedy, Jr. and Criminal Chief Joseph M. Guerra, III. During the course of the hearing, Knight, in addition to his statute of limitation claim, also asserted that his prior attorney was deficient for failing to raise and consider, before his earlier plea of guilty, whether Knight, in fact, could have been subject to prosecution in the State of Ohio for his killing of Andie Gasper.
At the hearing, Knight’s current attorney cross-examined his former attorney over the course of three days. The hearing also included testimony from a federal prosecutor who handled the matter at the time of plea, and Knight himself.
The stipulation and settlement agreement approved by Chief Judge Skretny calls for Knight to be sentenced to 168 months imprisonment. Knight will terminate all litigation seeking to attack his prior conviction and judgment.
United States Attorney Hochul stated that today’s stipulation “ensures that a confessed murderer, having previously been acquitted in State court, will not escape prosecution based upon the claimed deficiencies of his prior attorney. More than 20 years after their son and brother was ruthlessly murdered, the Gasper family will hopefully find some peace knowing that they will not have to hear from Mr. Knight ever again.”
Rochester Man Pleads Guilty to Producing Counterfeit Military Id Cards and Making False StatementsRead 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 Mark Allen Kelly, 54 of Rochester, NY, pleaded guilty to possessing and producing counterfeit military ID cards and making false statements to federal agents before U.S. District Court Judge Frank P. Geraci. Each charge carries a maximum penalty of five 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 Kelly repeatedly lied about being an Officer in the United States Navy. Kelly regularly wore naval uniforms around town as well as to work, where he falsely told his employer that he was working at area Reserve Centers after his shift. The defendant lied about being on active duty with the Navy when he rented an apartment in Rochester and received a military discount on his rent as well as other financial benefits as a result of his false statements.
The defendant’s landlord became suspicious about Kelly’s military affiliation when his first month’s rent check bounced. The landlord also had a friend, who was a former United States Marine Corps Officer, who questioned the many ribbons and awards displayed on Kelly’s uniforms which included the Silver Star and a Bronze Star awarded for Valor. Kelly also wore Naval Flight Officer’s Wings. They confronted Kelly in June of 2014 in the presence of a Rochester Police Officer and Kelly presented a counterfeit, but authentic looking military Common Access Card to support his false personation.
In addition to wearing a Navy uniform around town, the defendant also regularly wore full dress naval uniforms at Veterans and ceremonial events. This included a memorial for a fallen Marine killed in Afghanistan in August 2014, where Kelly presented a flag to the Marine’s parents. When questioned, the defendant supported his false claims by presenting an authentic looking, but fraudulently made, military ID card.
The defendant’s conduct came to the attention of the Naval Criminal Investigative Service (NCIS) who began a criminal investigation after getting a tip from the defendant’s landlord. During the investigation, NCIS Agents from Naval Weapons Station Earle traveled to Rochester to interview witnesses. In September 2014, Kelly was interviewed by NCIS Agents and he made several false material statements. Kelly lied to the agents about his status with the Navy, his rank, his dates of service, and the characterization of his discharge. Each time agents confronted Kelly about his false statements, he would change his story to try to alter the facts to mislead the agents.
At the time agents interviewed Kelly, he was wearing a naval uniform without rank insignia or ribbons. He initially claimed he liked wearing the unmarked uniform because it was comfortable. However, Agents noticed that his uniform shirt had fresh holes consistent with recent wearing of rank insignia and a rack of ribbons. When confronted, Kelly produced a rack of ribbons which he had removed from his shirt before meeting with the agents. The rack contained 28 ribbons including awards for service in Iraq and Afghanistan, as well as for service in support of Operation Desert Storm and the liberation of Kuwait. Kelly also had several Navy uniforms in his apartment including a Navy Dress Blue Uniform, a Dress White Uniform, and a Digital Pattern Camouflage Uniform, all with Officer Rank insignia attached. Kelly also had multiple awards and framed certificates on his walls commending his bravery and valor for Combat Operations in both Iraq wars as well as Afghanistan.
However, during the investigation, NCIS Agents reviewed Kelly’s official military record and learned that Kelly was actually discharged under Other Than Honorable conditions from the Navy in 1981 for misconduct. At the time of his discharge, Kelly held the rank of Seaman Recruit or E-1, the lowest enlisted rank in the Navy. Records showed that during the two and a half years Kelly was actually in the Navy, he was never a commissioned Officer or a Chief Petty Officer as he had claimed to investigators.
Naval criminal investigators also recovered several false military ID cards in various stages of production from the defendant’s place of employment after he was terminated. These authentic looking, but counterfeit, cards contained the defendant’s photograph in uniform, and contained various fraudulent ranks including Master Chief Petty Officer and Lieutenant Commander.
The plea is the culmination of an investigation by Special Agents of the Naval Criminal Investigative Service, under the direction of Special Agent in Charge Leo Lamont, NCIS Northeast Field Office.
Sentencing is scheduled for May 6, 2015 at 3:30 p.m. before Judge Geraci.
Rochester Man Sentenced 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 Wayne Spencer, 31, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 121 months by U.S. District Court Judge Charles J. Siragusa.Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that between January 2010 and April 2014, the defendant was engaged in a conspiracy to sell cocaine in the Rochester area. On April 28, 2014, during a search of his residence by the Monroe County Probation Office, officers located a loaded semiautomatic handgun and approximately 450 grams of cocaine, a digital scale and numerous unused baggies commonly used to package cocaine for resale, in addition to the loaded firearm.
The sentencing is the culmination of an investigation on the part of the Monroe County Probation Office, under the direction of Chief Probation Officer Robert Burns, as well as officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli.