Western District of New York
Press releases recorded for this federal judicial district.
Rochester Man Sentenced for Robbing Three Tops SupermarketsRead 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 Tyrelis Austin, 23, of Rochester, N.Y., who was convicted of robbing three Tops Marketplace stores in 2012, 2013 and 2014, was sentenced to 54 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution in the amount of $6,030.Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that on November 25, 2012, Austin robbed the Tops store located at 1100 Jefferson Road in Henrietta; on July 29, 2013, the defendant robbed the Tops store located at 3507 Mt. Read Boulevard in Greece; and, on March 28, 2014, he robbed the Tops store located at 270 East Main Street in Avon, New York. According to the complaint, on each occasion, the defendant threatened to shoot store employees if they did not comply with his request to empty the cash registers located at the service desks of each store.
After robbing the Tops store in Avon, Austin led deputies with the Monroe County Sheriff’s Department on a high speed chase on Route 390 northbound. Ultimately, the defendant’s vehicle crashed into a ditch on Route 390 near the Chili Avenue exit. Deputies arrested Austin at the scene and discovered a large amount of cash, as well as the black hooded sweatshirt, wig and baseball cap that he wore into the store. Deputies also discovered two handwritten notes which stated “put all the money in the bag or I will shoot you.” In a post-arrest statement to police, Austin admitted his involvement in all three robberies.
In November 2014, Austin’s cousin, Derek Stanin, was sentenced to 51 months on similar charges, including the robbery of three Tops Supermarkets located in the Rochester, New York area.
The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, the Monroe County Sheriff’s Department, under the direction of Patrick O’Flynn, the Avon Police Department, under the direction of Chief Gary Benedict, and the Greece Police Department, under the direction of Chief Patrick Phelan.
Irondequoit Man Sentenced for Possessing and Distributing Child Pornography, 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 today that Robert Cavigliano, 56, of Irondequoit, N.Y., who was convicted following a jury trial of distributing child pornography, possessing child pornography and making a false statement to federal agents, was sentenced to 27 years in prison by U.S. District Judge Frank P. Geraci, Jr.Assistant U.S. Attorneys Marisa Miller, Craig R. Gestring and Tiffany H. Lee, who handled the case, stated that in October and November 2011, undercover agents in both Rochester, N.Y. and Montana received child pornography from the defendant, through a peer-to-peer software program. Agents executed a search warrant at Cavigliano’s residence in January 2012, at which time they located items of digital media, including a laptop computer. That computer was later discovered to contain images and videos of child pornography. The defendant also made a false statement to federal agents when he stated to members of the FBI that he did not own or possess any laptop computers, during an interview with agents prior to the execution of the warrant.
In sentencing the defendant, Judge Geraci stated that the images distributed by the defendant were terrible and very disturbing. The judge added that each photo is a child who was raped and victimized and those photos were shared with the world and are out there forever because of Cavigliano’s actions. Judge Geraci also stated that the defendant’s conduct destroys children, families, and communities and calls for the most severe sentence. The judge also noted that Cavigliano accepted no responsibility for his actions and is a risk to society.
This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys' Offices, 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 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 the Federal Bureau of Investigation’s Cyber Task Force, consisting of Special Agents of the FBI, deputies with the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, and investigators with the Rochester Police Department, under the direction of Chief Michael Ciminelli. Assistance was also provided by the Madison County Sheriff’s Department in Montana, under the direction of Roger Thompson.
Former Irondequoit Man Sentenced for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael D. Schluter, 46, formerly of Irondequoit, N.Y., who was convicted after a jury trial of production of child pornography, possession of child pornography, and transporting a minor across state lines with the intent to engage in illegal sexual activity, was sentenced to 262 months in prison and 15 years supervised release by U.S. District Judge Frank P. Geraci, Jr.
“The actions committed by this defendant were heinous and as a result, he will spend the next 21 years behind bars,” said U.S. Attorney Hochul. “In his attempts to negatively impact the innocence and life of a child forever, the defendant was only successful in losing his freedom for a very long period of time.”
Assistant U.S. Attorneys Tiffany H. Lee and Craig R. Gestring, who handled the prosecution of the case, stated that in January 2009, a minor reported that she had been sexually abused by the defendant. In July 2008 Schluter took photographs of the minor in sexually explicit poses. Further, in 2007, the defendant transported the minor to Massachusetts and Vermont in 2007 for the purpose of raping the minor.
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 Special Agent in Charge James C. Spero and the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo.
Buffalo Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Rudell Jackson, 26, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine, was sentenced to 60 months in prison by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $1,600.Assistant U.S. George C. Burgasser, who handled the case, stated that between August 2012 and March 27, 2013, the defendant conspired with others to distribute crack cocaine in the City of Buffalo. Jackson met his co-conspirators at various locations including the Big Bosch Food Market at Jefferson and Carlton Streets and the McDonald’s Restaurant at Bailey Avenue and Genesee Street. In addition, the defendant sold crack cocaine to an undercover officer on four occasions in September and October of 2012.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Nigerian Man Convicted of Human Trafficking in Belgium, Arrested in United States; Extradition Proceedings PendingRead 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 Edward Eguavoen, 45, of Nigeria, who was convicted in Belgium of human trafficking for the purposes of prostitution, was arrested and held for extradition.“To those who thought that slavery ended centuries ago, this case stands as a stark reminder that human beings are still being stolen and forced into incomprehensible conditions,” said U.S. Attorney Hochul. “Nor do the problems of the world avoid Buffalo. Because of the devastation that human trafficking brings to victims and society, this Office will not hesitate to prosecute any who would engage in this sort of unconscionable crime.”
Assistant U.S Attorney Paul J. Campana, who is handling the case, stated that according to the underlying complaint supporting the arrest, Eguavoen attempted to enter the United States at the Peace Bridge Port of Entry on December 21, 2014 using a Canadian passport under a different name. Subsequent investigation by the Department of Homeland Security determined that the defendant is wanted by Belgian authorities on a 2005 human trafficking conviction.
The Belgian conviction involves the forced inducement of seven Nigerian women for prostitution between July 1999 and November 2002. The victims were brought from Nigeria to Belgium by a criminal organization of which the defendant was a member. Once in Belgium, the victims were given documentation indicating Sierra Leon as their country of origin, and told to file applications for asylum in Belgium.
The victims were then taken and forced into prostitution in brothel houses controlled by the criminal organization. The victims were given “working names” and advertised in magazines and newspapers. The organization running the prostitution business threatened the victims to prevent them from speaking to law enforcement.
Sometime following his 2005 conviction, the defendant fled Belgium. The defendant was subsequently sentenced in absentia in October 2007 to concurrent seven year prison terms. The defendant had apparently been residing in Canada prior to his most recent arrest.
The defendant made an initial appearance before U.S. Magistrate Judge Hugh B. Scott and is being detained. Eguavoen is due back in court on February 4, 2015 at 10:00 a.m.
The extradition arrest and complaint is 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 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.
Elmira Man Sentenced for Selling and Importing Synthetic DrugsRead 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 Ronald Tuttle, 44, of Elmira, NY, who was convicted of conspiracies to import and distribute narcotics, and importation and attempted possession of a narcotic following a jury trial, was sentenced to 97 months in prison by U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Jennifer M. Noto and Douglas E. Gregory, who handled the case, stated that the defendant imported hundreds of grams of MDPV, a synthetic drug similar to methamphetamine, over the internet from China between November 2011 and February 7, 2013. Tuttle used Western Union to send money orders to China to pay for the drugs. Once the defendant received the imported drugs, he then distributed the MDPV to others for resale. Tuttle, who testified at trial in September 2014, claimed that he was importing and selling the weight-loss supplement Sensa. During sentencing Judge Geraci called the defendant’s trial testimony “incredible.”
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 Special Agent in Charge James C. Spero.
Buffalo Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony Anastasia, 48, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, stated that on November 16, 2011, Anastasia was arrested after he admitted that he was selling cocaine. The defendant also admitted to having approximately three ounces of cocaine at his residence at 32 Lovering in Buffalo. As part of the investigation, the cocaine was seized by law enforcement.
The plea is the result of an investigation by Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Sentencing is scheduled for May 6, 2015 at 9:00 a.m. before Judge Skretny.
Woman Arraigned on Fraudulently Obtaining Ssi BenefitsRead the Press Release
CONTACT: Karen Brown
PHONE: (716) 843-5836
FAX: (716) 551-3051
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo returned a two-count Indictment on December 17, 2014, charging Tracy Anderson, age 43, of Tonawanda, New York, with knowingly and willfully making a false document and unlawfully receiving supplemental security income, in violation of Title 18, United States Code, Sections 1001(a)(3) and 641. Anderson was arrested and arraigned on December 29, 2014. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Scott S. Allen, Jr. stated that the Indictment charges the defendant with making a false document and fraudulently receiving federal benefits on behalf of her son when in fact, her child was not living with her at the time of receipt.
The Indictment is the result of an investigation from the Office of the Inspector General of the Social Security Administration, under the direction of Resident Agent in Charge Bradley Parker.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former Buffalo Man Pleads Guilty to Bank Robbery and Witness TamperingRead 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 Clifford B. Smith, 34, formerly of Buffalo, pleaded guilty before U.S. District Court Chief Judge William M. Skretny, to bank robbery and tampering with a witness. The charges carry a maximum sentence of 25 years in prison and a fine of $250,000.Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between September 2011 and November 2011, Smith robbed four HSBC Bank locations throughout the City of Buffalo. On each occasion, the defendant presented the teller with a note and threatened a gun. During the last robbery, Smith brandished a gun and robbed three tellers.
One of the HSBC branches was robbed twice within two weeks and one of the tellers recognized Smith from the earlier robbery. In both robberies, the defendant wore disguises including large glasses. Smith also tampered with a witness by contacting a person from prison and encouraging her to lie to and say that she was with Smith when the robberies occurred. The defendant later sent the woman a letter providing her with some of the dates that he wanted her to use for his failed alibi.
The investigation is the culmination of an investigation on the part of the Buffalo Office of the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Philadelphia Office of the FBI, under the direction of Special Agent in Charge Edward J. Hanko.
Sentencing is scheduled for May 6, 2015, at 9:00 a.m. before Judge Skretny.
Canisteo Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that David Jackson, 41, of Canisteo, N.Y., who was convicted of conspiracy to import alpha-PVP, a synthetic narcotic, was sentenced to 27 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S Attorney Mary Catherine Baumgarten, who handled the case, stated that between September 2013, and January 16, 2014, the defendant, along with co-defendants Erin Dwyer and Richard Dwyer, conspired to import the synthetic narcotics from China using the Internet. The packages were then delivered to Richard Dwyer via the United States Postal Service.
Richard Dwyer was sentenced to 33 months in prison. Erin Dwyer has been convicted and will be sentenced on January 29, 2015.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.
Canadian Man Pleads Guilty in A Smuggling Attempt at the BorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Tonin Ndoja, 50, a citizen of Canada, pleaded guilty to making a false statement to a U.S. Customs and Border Protection Officer involving his attempt to smuggle aliens into the United States before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.Assistant U.S Attorney Scott S. Allen, Jr., who is handling the case, stated that on November 12, 2014, Ndoja attempted to enter the United States from Canada at the Peace Bridge. The defendant, a Free and Secure Trade (FAST) card holder and member of the trusted traveler program, was driving a tractor trailer carrying rolled steel. During a secondary inspection, officers with Customs and Border Protection discovered defendants Bardok and Kleda Tusha, both citizens of Albania, hidden inside the cab of the tractor trailer under a blanket.
“This shows the continuing need for vigilance in protecting our nation's borders,” said U.S. Attorney Hochul. “As this case demonstrates, law enforcement is well prepared to protect our country-even where the defendant is anything but trustworthy.”
Defendants Bardok and Kleda Tusha pleaded guilty to a misdemeanor charge of illegal entry and were sentenced to time served.
The case is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Randy Howe.
Sentencing is scheduled for March 30, 2015 at 1:00 p.m. before Judge Arcara.
Buffalo Woman Pleads Guilty to Violating Supervised ReleaseRead 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 Latisha Siplin, 32, of Buffalo, NY, pleaded guilty before U.S. District Court Chief Judge William M. Skretny to violating terms of her supervised release. The charge carries a maximum sentence of three years in prison.Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Siplin was previously convicted of bank fraud and sentenced to eight months in prison. Following her release, the defendant violated conditions of supervised release by testing positive for drugs.
The investigation is the culmination of an investigation on the part of officers of United States Probation Service, under the direction of Chief Anthony SanGiacomo.
Sentencing is scheduled for December 30, 2014, at 9:00 a.m. before Judge Skretny.
Buffalo Woman Sentenced for Bank 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 Nichole Dean, 27, of Buffalo, NY, who was convicted of bank fraud, was sentenced to time served and two years supervised release by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $7,612.73 in restitution.Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant was part of a conspiracy to defraud local area banks by participating in a scheme sometimes referred to as “Check Kiting.” Dean would open bank accounts and deposit large checks to the accounts. The deposited checks were written on accounts that had insufficient funds or on accounts that had been closed. Before the banks could determine that the checks were not supported by any funds, the defendant withdrew smaller amounts from the accounts. Although Dean made away with $7,612.73, the amount of the intended loss was more than $36,000.
Co-conspirators Carlique Deberry, Sade Heath and Sayonara Heath have all been convicted of similar charges.
The sentencing is the culmination of an investigation by the United States Secret Service, under the direction of Acting Special Agent in Charge Michael Adelizzio.
Buffalo Woman Arrested, Charged with 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 Kalah O. Bishop, 25, of Buffalo, NY, was arrested and charged by criminal complaint with fraud in connection with the use of access devices. The charge carries a maximum penalty of 15 years in prison, and a fine of $250,000.Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant participated in a scheme involving the filing of fraudulent Federal income tax returns via the internet with the Internal Revenue Service. According to the complaint, approximately 49 fraudulent returns were filed for the tax year 2013 with requested refunds totaling more than $200,000.
The complaint further states that the IRS issued refunds to prepaid debit cards in the names of numerous individuals. Bishop subsequently used the cards to make cash withdrawals at local automated teller machines.
Bishop made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released.
The criminal complaint is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that John J. Myers, 41, of Buffalo, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to 60 months in prison by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on November 15, 2012, law enforcement officers executed a search warrant at the defendant’s residence in the City of Buffalo. During the search, officers recovered 241 grams of crack cocaine.
The plea was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Buffalo Man Pleads Guilty to Cocaine 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 Charles Palmer, Sr., 51, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between November 2010 and June 2011, the defendant conspired with others to distribute cocaine in the City of Buffalo. On May 20, 2011, June 2, 2011 and June 7, 2011, Palmer sold cocaine to a confidential source working with the Federal Bureau of Investigation.
Charles Palmer, Jr. has been convicted of possession with intent to distribute, and to distribute, marijuana and will be sentenced in April 2015.
The plea is the culmination of an investigation by the Federal Bureau of Investigation.
Sentencing is scheduled for April 22, 2015 at 10:00 a.m. before Judge Skretny.
Buffalo Man Indicted on Sex Trafficking ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a three-count indictment charging Anthony Thompson, a/k/a Fresh Tone, 34, of Buffalo, NY, with sex trafficking by force, fraud, or coercion and sex trafficking of a minor. The charges carry a maximum penalty of life in prison, and a fine of $250,000.Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to the indictment, Thompson is accused of the sex trafficking of two adults and one minor, between November 2012 and September 2014. The indictment further states that the defendant used force, fraud, or coercion to cause the victims to engage in commercial sex acts and would receive financial benefit from the commercial sex acts in which the victims engaged.
The defendant was arraigned on December 19, 2014. Thompson pleaded not guilty before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on December 29 at 10:30 a.m.
The Indictment 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 and the Cheektowaga Police Department, under the direction of Chief David Zack.
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.
Webster Accountant Sentenced for Bank Fraud and Identity TheftRead the Press Release
CONTACT:Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Joseph Karl Muller, 54, of Webster, NY, who was convicted of bank fraud and aggravated identity theft, was sentenced to 54 months in prison and ordered to pay restitution of $127,287 by U.S. District Judge David G. Larimer.Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Muller was an accountant in Webster who provided services to clients, including preparing tax returns. From April 2012 to August 2013, the defendant used personal identifying information that he stole from a client to prepare 46 fraudulent checks drawn on the client’s bank accounts. Muller then deposited the fraudulent checks into an account that he controlled, reaping a total of $127,287.
This plea is the culmination of an investigation by Special Agents of the Secret Service, under the direction of Acting Special Agent in Charge Michael Adelizzio.
Owner of Seneca Falls Mortgage Brokerage Business Sentenced for Fraud SchemeRead 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 Mary Brainard, 62, of Seneca Falls, NY, who was convicted of devising a wire fraud scheme, was sentenced to 46 months in prison U.S. District Judge Frank P. Geraci and ordered to pay restitution totaling $277,456.90.Assistant U.S. Attorney John J. Field, who handled the case, stated that Brainard and her husband, Calvin Brainard, a former attorney, owned and operated BMC Capital, a mortgage brokerage business in Seneca Falls, NY. Through BMC Capital, the couple brokered mortgages for various clients, including private mortgages purportedly made with monies provided to Mary Brainard by various individual investors.
Over the course of a decade or more, Mary Brainard swindled over a dozen investors and clients of BMC Capital out of approximately $762,000 using a variety of schemes. The defendant sought to cover her behavior through lies and deception, including by forging bank records and property records. In the final phase of her fraud, Mary Brainard stole loan proceeds that were supposed to be used to pay off refinancing clients’ mortgage loans. On multiple occasions, Mary Brainard accessed Calvin Brainard's attorney trust account that contained the refinancing money and diverted it to a different account that she controlled. The defendant then used the stolen refinancing money for her own purposes, including paying for personal expenses as well as repaying earlier victims of her frauds.
The sentencing is the culmination of an investigation by Special Agents and Forensic Accountants of the Federal Bureau of Investigation.
Niagara Falls 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 Joseph Clayton, 34, of Niagara Falls, NY, who was convicted of transferring a firearm to a prior felon, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that from August 2010 through September, 2010, Clayton purchased three semi-automatic rifles and accessories. Documents obtained by law enforcement officers during the investigation demonstrate that the defendant acted as a straw purchaser and made false statements that he was buying the firearms for himself, when in fact he was purchasing the firearms for Daniel Hale, a known prior felon. Hale, as a prior felon, would have been unable to purchase the firearms himself. Clayton also admitted that co-defendant Eric Kaczor used a Dremel tool to obliterate the serial numbers on two of the rifles so the firearm purchases could not be traced back to the defendant.
Eric Kaczor was sentenced to 33 months in prison.
The sentencing is the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Las Vegas Man Pleads Guilty to Wire FraudRead the Press Release
CONTACT:Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that John Nielsen, 42, of Las Vegas, Nevada, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to wire fraud. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that the defendant was involved in an investment loan scheme which resulted in $175,000 dollars in financial losses to an investment company, Preston Waters Corp., located in the Western District of New York. Nielsen represented to the company that he could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives that he could monetize the stand by letter of credit which would provide the investment company with $100 million dollars in loans. As part of the scheme, Nielsen required the investment company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The investment company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirator, used the funds for their own purposes.
The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.
Sentencing is scheduled for March 19, 2015 at 1:00 p.m. before Judge Arcara.
Jamaican Ecstasy Trafficker Convicted Following Jury TrialRead 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 Carlos McKenzie, a/k/a Charles Williams, a/k/a General, 36, of Jamaica, was convicted by a federal jury of conspiracy to possess with intent to distribute and to distribute 500 grams or more of methamphetamine. McKenzie faces a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $5,000,000 or both.
Assistant U.S. Attorneys Robert A. Marangola and Everardo A. Rodriguez, who are handling the case, stated that McKenzie and others obtained ecstasy tablets smuggled from Canada, which were then sold by multiple distributors in Rochester and other locations.
McKenzie was charged in 2009 along with 28 other defendants. The defendant was not arrested until 2013, when he was taken into custody in Phoenix, Arizona under an assumed name. All other defendants have been convicted and sentenced. The investigation resulted in the seizure of approximately $230,000 in U.S. currency from drug proceeds, 290 pounds of marijuana, 3,000 ecstasy tablets, 11 firearms and two automobiles.
The conviction was supported by the Department of Justice Organized Crime Drug Enforcement Task Force (OCDETF) program. It is the culmination of a federal wiretap investigation led by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the New York State Police, under the direction of Major Scott Crosier. The investigation was part of the then-recently created Border Enforcement Security Task Force (BEST), which is comprised of local, state, and federal law enforcement organizations from Canada and the United States. Other assisting agencies the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge James J. hunt, New York Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, U.S. Customs and Border Protection, under the direction of Director of Field Operations Randy Howe, the Rochester Police Department, Chief Michael Ciminelli, and the Canadian BEST task force members which include the Ontario Provincial Police, Toronto Police Services, Canada Border Services Agency, Niagara Regional Police Services, and the Royal Canadian Mounted Police.
Sentencing will be scheduled at a later date.
Rochester Man Sentenced to for Online Enticement of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that William Miller, 53, of Rochester, NY, who was convicted of online enticement of a minor, was sentenced to 168 months in prison and 10 years supervised release by U.S. District Court Judge David G. Larimer.“This case illustrates the threats facing our children by people known to the family,” said U.S. Attorney Hochul. “At the same time, it demonstrates the ability of law enforcement to detect crime and then solve it. We will continue to use all of the tools available to us in order to help protect children from violent predators such as this defendant.”
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in August of 2012, Rochester Police responded to the defendant’s Electric Avenue Apartment after Miller claimed to be the victim of a crime. Inside the apartment, officers saw cases of untaxed cigarettes stacked all over, which led them to obtain a search warrant. During their search, officers found a digital camera which contained sexually explicit photos and videos of a young girl which appeared to be taken in Miller’s apartment. At that point, Police contacted the FBI Child Exploitation Task Force for investigative assistance.
Federal agents joined the investigation and identified the child depicted in the sexually explicit videos as a 12 year old girl known to the defendant. Interviews with the child and her mother determined that Miller used threats and bribes to get the child to allow him to produce this material. Federal investigators also determined that Miller used his cellphone to arrange for meetings with the child at which he would produce sexually explicit videos and photos.
At sentencing, Judge Larimer called the defendant a danger to the community. The Judge also referenced the fact that Miller had 80 prior criminal convictions over the past several decades, saying that the defendant should have learned something during all that time. The Court noted that Miller was on probation in Rochester City Court at the time he committed the federal child exploitation crimes for which he was convicted.
The sentencing is the culmination of an investigation on the part of Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force.
Guatemalan Man Indicted, Charged with Being in the United States After DeportationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Josue Joel Castaneda-Cuyuch, 31, a citizen of Guatemala, has been indicted and charged with being found in the United States after having been previously deported.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that the defendant is an alien previously been deported and removed from the United States in August 2010. According to the indictment, on September 11, 2014, Castaneda-Cuyuch was found in the United States without having obtained the consent of the Attorney General of the United States.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. Castaneda-Cuyuch pleaded not guilty and is due back in court on June 2, 2015.
The indictment is the culmination of an investigation by the United States Border Patrol, under the direction of under the direction of Patrol Agent in Charge Tom Pocorobba.
Fairport Woman Sentenced for Lying to Federal InvestigatorsRead 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 Ann Marie Laurini, 48, of Fairport, N.Y., who was convicted of making false statements to Special Agents of the Internal Revenue Service, was sentenced to one year probation by U.S. District Judge Frank P. Geraci.Assistant U.S. Attorney John J. Field, who handled the case, stated that Laurini repeatedly lied to IRS agents in connection with an investigation of Kenneth Griffin and others into financial fraud and money-laundering crimes. The defendant was employed by Griffin from March 2006 to May 2008, and engaged in acts that furthered the financial fraud. Laurini was interviewed by federal agents on several occasions concerning her knowledge and involvement in the fraud and during those interviews she falsely stated that she had not engaged in various acts of deception in furtherance of the fraud. The investigation ultimately resulted in charges against Kenneth Griffin, Brian Campbell, and two others, all of whom have been convicted.
The sentencing is the culmination of an investigation by the Internal Revenue Service Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.
Canadian Man Pleads Guilty to 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, pleaded guilty before U.S. District Court Judge Richard J. Arcara to making false statements. The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Marie P. Grisanti, who is handling 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 plea is the culmination of an investigation on the part of the United States Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.
Sentencing is scheduled for March 18, 2014, at 1:00 p.m. before Judge Arcara.
Canadian Man Pleads Guilty to 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, pleaded guilty before U.S. District Court Judge Richard J. Arcara to making false statements. The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Marie P. Grisanti, who is handling 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 plea is the culmination of an investigation on the part of the United States Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.
Sentencing is scheduled for March 18, 2014, at 1:00 p.m. before Judge Arcara.
Rochester Man Pleads Guilty to Drug & Firearm PossessionRead 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 Leroy J. Smith, 37, of Rochester, NY, pleaded guilty plea to possession of a firearm as a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge Frank P. Geraci. The charges carry a mandatory minimum sentence of five years in prison and a maximum of life.Assistant U.S. Attorney Robert Marangola, who is handling the case, stated that between January and June 2012, the defendant possessed a 20 gauge shotgun while he was also in possession of quantities of marijuana for distribution. Smith came to the attention of law enforcement in 2013 during a law enforcement initiative in the vicinity of Linnert Street in Rochester. At that time, the defendant was in possession of a Colt .38 caliber double action revolver.
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 James S. Higgins, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for March 19, 2015 at 3:00 p.m. before Judge Geraci.
Pennsylvania Woman Pleads Guilty to Possession, Sale and Transprortation of A Stolen FirearmRead 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 Ciera Leann Bennett, 23, of Lawrenceville, Pennsylvania, pleaded guilty before U.S. District Judge Frank P. Geraci to possession and sale of a stolen firearm and transportation of a stolen firearm over state lines. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that Bennett was arrested after an investigation by the Pennsylvania State Police into the theft of a .38 caliber revolver from the owner in Tioga, Pennsylvania. On April 26, 2012, the defendant and co-defendant, Danelle Wilson, transported the stolen .38 caliber revolver from Tioga, Pennsylvania, to Elmira, NY, and sold it.
On December 31, 2012, the firearm was recovered in Ithaca, NY. Ballistic tests on the firearm concluded that the firearm had been used in an officer-related shooting in October of 2012, in which an Ithaca police officer was seriously injured. Bennett admitted that she took the gun from her mother without permission, sold it and used the money from the sale to buy drugs.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation and the Pennsylvania State Police.
Sentencing is scheduled for March 19, 2015, at 3:30 PM before Judge Geraci.
Local Artist Sentenced for ObsecenityRead 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 Lawrence F. Brose, 63, of Buffalo, NY, who was convicted of importation or transportation of obscene matters, was sentenced to two years probation to include computer monitoring.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the investigation against the defendant began after a German police agency contacted United States Immigration and Customs Enforcement and advised them that an IP address in the United States downloaded some images of suspected child pornography. ICE Special Agents determined that the IP address was registered to Brose. Agents met with the defendant and during the meeting, Brose admitted to viewing images. An examination of the defendant’s computer resulted in agents finding various images, including one of a minor male less than 16 years of age engaging in sexually explicit conduct.
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 was the culmination of an investigation on the part of Special Agents of United States Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of James C. Spero.
Former Postal Employee Pleads Guilty to 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, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., to obstruction of the mails. The charge carries a maximum penalty of six months in prison, a fine of $5,000, or both.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that 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 plea is the culmination of an investigation on the part of Special Agents of the United States Postal Service, Office of the Inspector General, under the direction of Monica Weyler.
Sentencing is scheduled for March 17, 2015, at 10:00 a.m. before Judge Schroeder.
Former Jamestown Man Pleads Guilty to Pump and Dump Securites and Tax 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 Eric C. Cusimano, 33, of Lakeway, Texas, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to conspiracy to commit securities fraud and tax evasion. Each charge carries a maximum sentence of five years in prison and a fine of $250,000.
“Because of the relentless quest of some to steal your money, it is imperative that those planning to invest their hard earned resources be equally diligent when considering their investment strategy,” said U.S. Attorney Hochul. “For our part, this Office will continue to aggressively pursue individuals who perpetrate financial frauds, whether such criminals are located in this country or abroad.”
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between September 2009 and January 9, 2012, the defendant and others participated in a stock fraud scheme that utilized several websites registered through an internet domain registrar and web hosting company. The scheme was designed to fraudulently inflate the prices of publically traded stocks of companies, generally stocks of companies with low stock prices (“penny stocks”). Investors were deceived into believing that prices at which they bought and sold the stocks were determined by supply and demand, not rigged by manipulators. Such a scheme is frequently referred to as “pump-and-dump.”
One of the websites involved in this scheme was www.bestdamnpennystocks.com. The website was used to tout approximately 52 penny stocks. During the course of the scheme, Cusimano and others were compensated by third-parties to tout certain penny stocks. In total, the defendant was compensated $1,218,783 during the course of the scheme which involved at least 250 victims.
Furthermore, during the tax years 2008 to 2011, Cusimano owned and operated Premire Consulting, Inc., which was utilized to promote penny stocks. During these years, Premire received from the defendant’s penny stock promotion business, unreported gross receipts totaling $7,921,706, and corrected taxable income totaling $1,218,783. As a result of the unreported income, the total tax due and owing is $657,005.
As part of his plea, the defendant forfeited $1,218,783.00 in United States currency as well as two pieces of property in the Southern Tier, a 26’ Pontoon boat, several valuable pieces of jewelry and approximately $340,000 from accounts he held in Panama and Belize. The money from the bank accounts was seized by the United States Attorneys Office earlier this year utilizing a repatriation order. It marked the first time that this much money has been repatriated back to the Western District of New York.
The plea is the culmination of an investigation on the part of the United States Secret Service, under the direction Acting Special Agent in Charge Michael Adelizzio, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office Charge, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero. Assistance was also provided by the Financial Industry Regulatory Authority.
Sentencing is scheduled for March 26, 2015 at 1:00 p.m. before Judge Arcara.
Buffalo Woman Sentenced for Tax 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 Dominique Taylor, 29, of Buffalo, NY, who was convicted of conspiracy to defraud the Internal Revenue Service, was sentenced to time served and six months of electronic monitoring by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $54,316.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant conspired with others and submitted false claims for fraudulent income tax refunds. Taylor had others obtain legitimate W-2 forms from actual employers and then altered the forms to create new W-2s by changing income and withholding information so as to maximize the refund to be obtained. The defendant kept a portion of the fraudulent refund received.
Co-defendant Keianna Jones was also convicted and is awaiting sentencing.
The conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division under the direction of Acting Agent-In-Charge Shantelle Kitchen.
Buffalo Man Sentenced for Bank FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Tarrek Williams, 27, of Buffalo, NY, who was convicted of bank fraud, was sentenced to time served by U.S. District Court Chief Judge William M. Skretny.Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 21, 2011 and July 28, 2013, the defendant, was involved in a scheme to defraud First Niagara Bank. As part of the scheme, Williams deposited false and fraudulent checks so others involved in the scheme could withdraw proceeds from that check before the bank realized that there were insufficient funds to cover that check. The total loss to First Niagara for these checks is $14,185.06.
The sentencing is the culmination of an investigation on the part of Special Agents of the Postal Inspection Service, under the direction of Shelly Binkowski, the Inspector in Charge of the Boston Division.
Florida Man Sentenced for Wire FraudRead the Press Release
CONTACT: BARBARA BURNS
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Hector Ortiz, 49, of Altamonte Springs, Florida, who was convicted of committing wire fraud as part of an international commodity deal, was sentenced to 41 months in by U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution in the amount of $852,500.
Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that between August 2011 and November 2011, the defendant devised a scheme to defraud Sweeteners Plus, Inc. in Lakeville, NY. Specifically, Ortiz attempted to obtain $7,862,500 from Sweeteners Plus by making multiple false and fraudulent representations in relation to a contract to deliver 12,500 metric tons of refined sugar. The sugar was never delivered, and Ortiz took $852,500 as a commission.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and Postal Inspectors with the United States Postal Inspection Service, under the direction of Inspector In Charge Shelley Binkowski.
Buffalo Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Travis Birdsong, 35, of Buffalo, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to 60 months by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on June 5, 2013, Special Agents with the Drug Enforcement Administration searched a vehicle that the defendant was in and seized a quantity of crack cocaine. Also on June 5, law enforcement officers searched the defendant’s residence and seized a quantity of cocaine and scales and packaging materials. In addition, a confidential informant purchased cocaine from Birdsong on two separate occasions.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Buffalo Man Pleads Guilty to Bank RobberyRead the Press Release
CONTACT: BARBARA BURNS
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul announced today that Ronald McClendon, Jr., 27, of Buffalo, NY, pleaded guilty to bank robbery before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine, or both.
According to Assistant U.S. Attorney Mary Catherine Baumgarten, on July 5, 2013, McClendon drove Adlyn Marie Echevarria Robles to the M&T Bank at 1580 Hertel Avenue in Buffalo. Robles entered the bank, passed the teller a demand note for money, and threatened that she had a bomb. The teller handed over money to Robles who exited the bank and was driven from the scene by McClendon.
On July 24, 2013, the defendant drove Robles to the M&T Bank at 709 Elmwood Avenue in Buffalo. Again, Robles entered the bank, passed the teller a demand note for money, and threatened that she had a bomb. The teller handed over money to Robles, who exited the bank and was driven from the scene by McClendon.
Robles was convicted of bank robbery and sentenced to 24 months in prison.
The plea is the culmination of an investigation by the Federal bureau of Investigation Safe Streets Task Force.
Ronald McClendon, Jr. is scheduled to be sentenced on April 29, 2014 at 9:00 a.m. before Judge Skretny.
Woman Pleads Guilty and Sentenced on Charge of Illegal Re-EntryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Olivia Leigh Suriani, 30, a citizen of Canada, pleaded guilty to illegal re-entry into the United States after deportation before Chief U.S. District Judge William M. Skretny. The defendant was then sentenced to time served by Judge Skretny.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on October 2, 2014, Suriani was arrested near Beaver Island State Park after having gained access to the United States by kayak near Buffalo, NY. When questioned by a Border Patrol agent, the defendant admitted to entering the United States illegally on the kayak. She had been previously removed from the United States on January 13, 2014 and returned to Canada after she attempted to enter the U.S. while onboard a cruise ship.
The plea and sentencing are the culmination of an investigation on the part of United States Border Patrol, under the direction of Patrol Agent in Charge Chris Buskey.
Buffalo Woman Pleads Guilty to Drug Conspiracy 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 Fannie Long, 53, of Buffalo, NY, pleaded guilty to conspiracy to distribute fentanyl before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between January 2009 and September 26, 2013, the defendant conspired with co-defendant Sherylrica Quisenberry to distribute controlled substances. Long obtained fentanyl prescriptions from medical professionals which were then filled and sold by the defendant. In addition, Long obtained fraudulent prescriptions which were not written by medical professionals. The prescriptions were made out in the names of individuals engaged by the defendant. These individuals would fill the fraudulent prescriptions and then turn the controlled substances over to Long for further distribution. The controlled substances included Lortab, Xanax and Soma.
Similar charges are pending against Sherylrica Quisenberry. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Sentencing is scheduled for April 15, 2015 at 9:00 a.m. before Judge Skretny.
Buffalo Man Pleads Guilty to Marijuana 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 Charles Palmer, Jr. 31, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and to distribute, marijuana before Chief U. S. District Judge William M. Skretny. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between January 2011 and June 2011, the defendant conspired with his father, co-defendant Charles Palmer, Sr., to possess and distribute marijuana. The investigation utilized a court authorized wiretap which included multiple phone calls regarding the distribution of marijuana between Charles Palmer, Jr. and Charles Palmer, Sr.
The defendant was arrested on June 17, 2011. Law enforcement officers seized from his person quantities of marijuana and cocaine.
Charges against Charles Palmer, Sr. are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Federal Bureau of Investigation.
Sentencing is scheduled for April 8, 2015 at 9:00 a.m. before Judge Skretny.
Local Doctor Charged in Superseding Indictment with Health Care 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 a 13 count superseding indictment charging Sreekrishna M. Cheruvu, M.D., 58, of East Amherst, NY, with health care fraud and submitting false statements relating to health care matters. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that according to the indictment, the defendant treated patients for opioid addiction at his office in Williamsville, NY. Between January 2009 and May 2014, Cheruvu submitted false and fraudulent claims to private insurance companies seeking reimbursement for services allegedly provided. Claims submitted by the defendant included reimbursement for individual counseling sessions when patients were actually seen in a group therapy setting, and reimbursement for services Cheruvu allegedly provided while he was, in fact, out of the country. The defendant is also accused of seeking payments for office visits of family members of patients who in reality where not his patients.
According to the superseding indictment, the defendant submitted false and fraudulent claims for payment to HealthNow, Independent Health and Univera totaling approximately $800,000.
The superseding indictment is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Elmira Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Chad Dolaway, 24, of Pine City, NY, who was convicted of receipt of child pornography, was sentenced to 60 months in prison and 15 years supervised release by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that the defendant came to the attention of law enforcement in 2011 when undercover agents from both the Federal Bureau of Investigation and Homeland Security Investigations downloaded child pornography from Dolaway through a peer to peer file sharing network. The defendant received child pornography and maintaining the images on a computer that he owned. Some of the images portrayed prepubescent children and children engaged in violent conduct.
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 Special Agents of the Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Chemung County Sheriff’s Office, under the direction of Sheriff Christopher Moss.
Dmv Employee Pleads Guilty to Mail FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – The United States Attorney’s Office announced today that Latonya Young, 44, an employee of the Erie County Clerk’s Office who was assigned to work at the New York State Department of Motor Vehicles (NYS DMV), pleaded guilty plea to mail fraud before Chief U.S. District Court Judge William M. Skretny. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that Young worked as a motor vehicle representative at the NYS DMV and was authorized to conduct transactions. The defendant had access to a NYS DMV database and computer system that contained driver’s licenses, and motor vehicle registration and title records.
Between June 13, 2012, and August 30, 2012, Young unlawfully processed fraudulent duplicate title applications for a person working with the government in return for cash payments totaling $725. In processing the fraudulent documents, the defendant unlawfully forged the name of the person listed on the duplicate title applications.
Young also admitted that in 2010, she assisted another in amending a New York State license to create a fake identification. The fake identification was created to enable an individual under the legal drinking age to obtain alcohol.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, NYS Department of Motor Vehicles, under the direction of Commissioner Barbara Fiala, Buffalo Police Department, under the direction of Commissioner Daniel Derenda, NYS Department of Taxation and Finance, Criminal Investigations Division, under the direction of Commissioner Thomas Mattox, NYS Department of Financial Services, under the direction of Superintendent Benjamin Lawsky, Criminal Investigations Division, and the NYS Inspector General’s Office, under the direction of Inspector General Catherine Leahy Scott.
Young is scheduled to be sentenced on April 8, 2015 at 10:00 a.m. before Judge Skretny.
Wellsville Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony R. Kidd, 54, of Wellsville, N.Y., who was convicted of conspiracy to manufacture, possess with intent to distribute and distribute, 50 grams or more of methamphetamine, was sentenced to 60 months in prison and ordered to pay $3,143 in restitution to the New York State Department of Environmental Conservation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on January 26, 2012 law enforcement officers executed a search warrant at an apartment building on South Main St. in Wellsville. Officers discovered items used to manufacture methamphetamine as well as a quantity of finished methamphetamine. A subsequent search warrant executed at Kidd's apartment on Madison Avenue in Wellsville led to the discovery of an active methamphetamine laboratory. The court’s restitution amount was to repay the state for costs associated with the environmental clean-up of these laboratory sites.
The defendant was arrested along with April Patterson, Jason Patterson, John Faber and Justin McPherson. April Patterson was sentenced to 30 months in prison; Jason Patterson 151 months; John Faber 40 months; and Justin McPherson 24 months.
Today’s sentencing is the result of an investigation on the part of the New York State Police, under the direction of Major Michael Cerretto, the Wellsville Police Department, under the direction of Chief Timothy O’Grady, and the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division. Special assistance was provided by Allegany County District Attorney Keith Slep.
Rochester Woman Pleads Guilty to Mail FraudRead 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 Aysha Humayun of Rochester, NY, pleaded guilty to conspiring to commit a fraud upon Intuit, Inc. through the use of the United States mail, and making false statements on tax returns before U.S. District Judge Frank P. Geraci. The mail fraud conspiracy charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both, and the tax charge carries a maximum penalty of three years in prison, a fine if $250,000, or both.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that between November 10, 2009, and June 10, 2011, Humayun, a/k/a Aysha Hussain, contacted Intuit, Inc., including by telephone, to place orders for free replacement software discs. The defendant falsely claimed that the software that had been previously purchased had been lost, stolen or damaged. As a result of the requests, Intuit, Inc. mailed free software discs to Humayun, and others, at addresses in Rochester and Gaithersburg, Maryland. After obtaining the free discs, the defendant advertised the software for sale eBay. Customers purchased the software and submitted payment electronically to the defendant via PayPal, a service facilitating online financial transactions.
Aysha Humayun was arrested along with her husband Humayun Farid. Charges are still pending against Farid. 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.
On October 15, 2012, Humayun filed a federal income tax return for 2011 which falsely reported $42,159 in profit or loss from a business. However, in truth and in fact, and as the defendant knew, Humayun’s total income was greater than that reported on the return.
The plea is the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, the Federal Bureau of Investigation, and the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.
Sentencing is scheduled for March 6, 2015, at 9:30 a.m. before Judge Geraci.
Buffalo Man Sentenced for Violating Supervised ReleaseRead 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 Terry Finn, 51, of Buffalo, NY, who was convicted of violating a condition of his supervised release, was sentenced to nine months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on August 27, 2008, the defendant was sentenced by Judge Arcara to 52 months in prison and five years supervised release persuasion of a minor to travel in interstate commerce to engage in sexual activity. Finn met a 16 year old online and persuaded her to travel from Vermont to Brocton, NY to meet him and engage in sexual activity. As a condition of supervised release, the defendant was ordered to enroll, attend and participate in mental health intervention specifically designed for the treatment of sexual offenders as approved by U.S. Probation.
The defendant began serving the term of supervised release on February 7, 2012. In March of 2014, Finn was referred to Mid-Erie Counseling for sex offender treatment. On September 4, 2014, the defendant was terminated from Mid-Erie’s program for failing to inform the treatment team or his probation officer that he was engaged in a romantic relationship with a woman who had a five year old child. Specifically, Finn failed to disclose this information during a session on September 3, 2014, when he attended a group therapy session at Mid-Erie.
The sentencing is the culmination of an investigation on the part of United States Probation Service, under the direction of Chief US Probation Officer Anthony M. San Giacomo.
Buffalo Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Wallace D. Peace, 39, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute more than 280 grams of crack cocaine, was sentenced to 262 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Mary Clare Kane and George C. Burgasser, who handled the case, stated that between January 2008 and July 29, 2008, the defendant was intercepted over New York State wiretaps, on numerous occasions, discussing cocaine-related transactions. These included conversations between Peace and co-defendant Patrick Perry during which they attempted to arrange to purchase cocaine from multiple sources of supply. Other conversations between the defendant and his customers involved the purchase and sale of crack cocaine.
On July 29, 2008, law enforcement officers executed a search warrant at Peace’s residence and seized digital scales, cell phones, packaging material, 129 grams of crack cocaine, small quantities of cocaine and marijuana, $1,157 in United States currency, and two firearms.
Peace was arrested along with 30 other defendants in July 2008. All 31 defendants now stand convicted.
The sentencing 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 Region; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of James S. Higgins, Acting Special Agent in Charge; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Amherst Man Convicted Following Jury Trial of Drug OffensesRead 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 jury in Buffalo has convicted Steven A. Knighton, 48, of conspiracy to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the prosecution of the case, stated that on March 13, 2009, the defendant was stopped by police in the parking lot of a local mall. New York State police had earlier stopped an individual in possession of seven kilograms of cocaine who then cooperated with the police and made phone contact with the defendant who was to pay for and receive two of the kilograms of cocaine. Inside the Knighton’s vehicle, officers located $41,000 in United States currency. It was determined that the money, which was shrink wrapped and found in the center console of the vehicle, was intended for the purchase of two kilograms of cocaine. Knighton was responsible for distributing more than 100 kilograms of cocaine in the Buffalo and Niagara Falls area between January 2008 and March 2009.
The verdict is the culmination of an investigation on the part of the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Drug Enforcement Administration, under the direction of Special Agent in Charge James S. Higgins, New York Field Division, the Cheektowaga Police Department, under the direction of Chief David Zack, the Amherst Police Department, under the direction of Chief John Askey, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Sentencing is scheduled for March 22, 2015, at 2:00 p.m. before Chief U.S. District Judge William M. Skretny, who presided over the trial of the case.
M.D.B Gang Member Sentenced on Drug and Weapons 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 Kevin Feliciano, a/k/a “Nash,” 20, who was convicted of conspiracy to distribute more than 280 grams of crack cocaine and possession of a firearm in furtherance of drug trafficking activities, was sentenced to 195 months in prison by U.S. District Judge Frank P. Geraci.
“As we’ve said in the past, this Office will not tolerate any group or gang attempting to hold residents hostage to their criminal activities,” said U.S. Attorney Hochul. “As this case demonstrates, punishment for federal crime is both certain and substantial once a conviction is obtained.”
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that Feliciano was part of a violent, street level drug trafficking organization that referred to themselves as “M.D.B.” or “The Broezel Boys.” From 2010 until June 2013, members and associates of M.D.B. controlled the open air drug market in a multi block area near the intersection of Dewey and Lexington Avenues, including all of Broezel Street, the north end of Maryland Street, portions of Driving Park and portions of Lakeview Park, in Rochester. M.D.B. members and associates also maintained and operated several drug houses at locations in Rochester including the duplex residence at 325/327 Lexington Avenue, the upstairs apartment at 171 Maryland Street, the upstairs apartment at 316 Lakeview Park and 672 West Main Street, each for the purpose of possessing, manufacturing, distributing, and using controlled substances.
In his plea before the court, Felciano also admitted that he possessed firearms in furtherance of his drug trafficking activities and that he used violence and threats of violence against unaffiliated persons who attempted to sell illegal controlled substances within their territory and against certain witnesses who were viewed as hostile to the interests of M.D.B.
Feliciano was arrested in June 2013 along with two other defendants.
The sentencing is the culmination of an investigation on the part of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office, the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli, the Federal Bureau of Investigation, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Special Agent in Charge, New York Field Division.
Drug Gang Operating in the Lackawanna Housing Project DismantledRead 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 two separate indictments charging a total of 20 defendants with engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority.
“Residents of a public housing neighborhood in Lackawanna deserve the same sense of security as residents of a private housing neighborhood in others parts of our community,” said U.S. Attorney Hochul. “As these defendants will soon learn, by attempting to turn a public housing project into their personal drug trafficking headquarters, they will face increased sentences if convicted.”
“Today’s arrests will have a resounding impact on the Gates housing community residents who already face daily struggles,” said Holly L. Hubert, Assistant Special Agent in Charge of the FBI’s Buffalo Office. “Our Safe Streets Task Force has joined with the Lackawanna Police Department to remove the ‘Project Boys’ gang that perpetrated acts of violence and conducted narcotics trafficking in the resident housing where vulnerable families live. After 10 months of dogged investigation, the citizens of Lackawanna are safer in their community.”
“The City of Lackawanna is a much safer place today because of the cooperative efforts of our officers and our law enforcement partners,” said Lackawanna Police Chief James Michel. “Most of these residents are fine upstanding people looking to live and raise their families in a safe environment. With today’s arrests, this should greatly curtail the distribution of drugs and the violence within this community.”
Charged in the two indictments are:
• Jeffrey Graham, 29, of Buffalo, NY
• Rueben Fears, 31, of Lackawanna, NY
• Craig Eldridge, 25, of Lackawanna, NY
• Terry Williams, 32, of Cheektowaga, NY
• Sharon Thompson, 22, of Lackawanna, NY
• Laron Thompson, 28, of Buffalo, NY
• James Sullivan, 26, of Buffalo, NY
• Charisma Royster, 24, of Buffalo, NY
• Shavon Royal, 20, of Lackawanna, NY
• Reginald Royal, Jr., 22, of Lackawanna, NY
• Charles Rose, 35, of Lackawanna, NY
• Derrick Patterson, 39, of Lackawanna, NY
• Waldemar Pabon, 27, of Buffalo, NY
• Theodore Hines, 29, of Lackawanna, NY
• Laferald Hines, 25, of Tonawanda, NY
• Tarrell Hendrix, 31, of Lackawanna NY
• Thomas Hakeem, 68, of Lackawanna, NY
• Edward Green, 28, of Lackawanna, NY
• Jeanette Knightner, 32, of Buffalo
• Reginald Royal, Sr., 43, of Kenmore, NY
Charges include conspiracy, possession with intent to distribute and distribution of crack cocaine within 1,000 feet of public housing property, and possession with intent to distribute and distribution of crack cocaine. The various charges have penalties that include a mandatory minimum of 10 years in prison and a maximum of life.
According to Assistant U.S. Attorney Edward H. White, who is handling the case, during the course of the drug trafficking operation, the defendants are alleged to have conducted open air drug sales in and around the public housing project including hand to hand transactions. This was done in close proximity to playgrounds and recreational areas where children living in the housing project would play.
The Government is also seeking the forfeiture of any property derived from the proceeds of narcotics trafficking.
The indictments are the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel and the Federal Bureau of Investigation’s Safe Street’s Task Force, which includes the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero. U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, the New York State Police, under the direction of Major Michael Cerretto, the Cheektowaga Police Department, under the direction of Chief David Zack, the Erie County Sheriff’s Department, under the direction of Timothy Howard, the Hamburg Police Department, under the direction of Chief Michael Williams, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the New York State Department of Correctional Services, under the direction of Acting Commissioner Anthony J. Annucci. Additional assistance was provided by the U.S. Marshall Service, under the direction of Charles Salina and the Tonawanda Police Department, under the direction of Chief Anthony Palombo.
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.