Western District of New York
Press releases recorded for this federal judicial district.
Two Defendants Plead Guilty in Conspiracy to Defraud XeroxRead the Press Release
Rochester, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anthony Fretto and Daniel Streff, both of Webster, NY, who are named defendants in the federal indictment charging Clarkson Auto Electric, Inc. and nine individuals in a scheme to defraud the Xerox Corporation, pleaded guilty before U.S District Judge Frank p. Geraci to mail fraud and money laundering conspiracy. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorneys Bradley E. Tyler and Marisa J. Miller, who are handling the case, stated that Fretto is a principal owner of Clarkson Auto Electric, Inc. and Streff is a former Xerox forklift mechanic. The defendants conspired with others to submit false invoices to the Xerox Corporation requesting payment for new forklift parts that had not been delivered to Xerox, and for forklift part repairs that had not been done. Fretto then conspired with others to launder the illegally obtained proceeds received from Xerox.
Four of the nine defendant charged in the case have been convicted. 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.
Sentencing for both defendants is scheduled for January 6, 2015, at 3:00 p.m. before Judge Geraci.
The pleas are the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, and the U.S. Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.Pennsylvania Man Sentenced on Firearm ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Robert Reed, 49, of Bradford, PA, who was convicted of conspiracy to transport firearms outside state of residency, was sentenced to time served and two years supervised release by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on October 7, 2008, the defendant, in exchange for crack cocaine, attempted to purchase a .45 caliber firearm for co-defendant Juan Lopez. However, the sales clerk was suspicious of the defendant’s behavior and refused to sell the firearm to Reed. At the time of the attempted purchase, the defendant knew that Lopez intended to bring the firearm into New York State to use it for an unlawful purpose.
Reed was arrested, along with Juan Lopez, Robert Reed, Jacqueline Runyan, Trisha Amidon, Robert Johnson, Misty Mihalko, Amy Hollingsworth, and Brett Abrams. Juan Lopez recruited the co-defendants residing in Pennsylvania to purchase firearms for him in exchange for cocaine and money. As a convicted felon, Lopez was unable to purchase guns on his own, prompting the need for the straw purchases. Lopez went to stores that sold guns in Pennsylvania with some of the co-defendants to select the firearms he wanted them to purchase. Lopez then brought the guns purchased in Pennsylvania back to the Buffalo area. Some of the firearms were recovered after being used in various crimes in Buffalo.
All of the defendants have been convicted and sentenced except for Juan Lopez who is scheduled to be sentenced by Judge Skretny on November 5, 2014 at 2:00 p.m.
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Division.Licensed Clinical Social Worker Pleads Guilty to Defrauding Insurance CompaniesRead the Press Release
Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eugene Domenico, 61, of Lockport, NY, pleaded guilty to three counts of theft from a health care benefit program, before Chief U.S. District Judge William M. Skretny. The charges carry a maximum penalty of three years in prison and a fine of $100,000 or both.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant, a licensed clinical social worker in private practice, devised a scheme to charge various health care insurance providers, including Blue Cross Blue Shield, for services that were not rendered. For example, Domenico billed Blue Cross Blue Shield for services allegedly provided to a patient on January 6, 2011, knowing that services were never provided. The total loss to insurance companies was $100,286.35.
“As we said earlier this week, fraud in the health care industry drives up costs for the rest of the public,” said U.S. Attorney Hochul. “This second conviction in less than a week demonstrates that our Office will continue to vigorously prosecute this type of fraud.”
Sentencing is scheduled for February 4, 2015, at 9:00 a.m. before Judge Skretny.
The plea is the culmination of an investigation by the Federal Bureau of Investigation’s Health Care Fraud Task Force.Buffalo man sentenced for money launderingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Henry Lloyd, 28, of Buffalo, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that Lloyd conspired with others to transport $364,000 in a vehicle equipped with a hidden compartment where the money was secreted. The vehicle was stopped in eastern Texas where law enforcement officers discovered and seized the currency. Lloyd admitted the money was going to be used to buy cocaine. As part of the conspiracy, the defendant laundered $34,000 in drug proceeds to purchase vehicles from a local car dealer.
The case is related to a multi-kilogram cocaine distribution network between Buffalo and Houston, Texas. Twenty defendants were arrested in that case and to date, 19 have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Field Division.Social Worker Found Guilty by a Federal Jury of Defrauding Blue Cross Blue ShieldRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury in Buffalo has convicted Nina Jafari, a licensed clinical social worker, 63, of Amherst, N.Y., of four counts of health care fraud. The defendant faces a maximum penalty of 10 years in prison, a fine of $250,000 or both when sentenced.
“One of the reasons for the high cost of health care in this country is fraud,” said U.S. Attorney Hochul. “Thanks to today’s convictions, a woman who abused her position as a health care provider to illegally enrich herself will no longer be able to run up costs for the rest of the public.”
Assistant U.S. Attorneys Michael DiGiacomo and Aaron J. Mango, who handled the prosecution of 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. For example, a witness for the Government testified that the defendant submitted claim forms for both he and his wife who were not even patients of Jafarai. The defendant received payment for 80 minute sessions for both the husband and wife.
The Government’s evidence also 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 $125,000.
The verdict is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Health Care Fraud Task Force.
Sentencing is scheduled for December 5, 2014 at 2:00 p.m. in Buffalo before Judge Elizabeth A. Wolford who presided over the trial of the case.Rochester Woman Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Nancy Cedeno, 40, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer, to conspiring to commit wire fraud. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant used online, e-commerce sites, including eBay.com and Amazon.com, to sell stolen merchandise to unwitting buyers. Cedeno used Rochester Consignment Broker, a consignment business in Rochester that she owns with her husband Brian Leonard, to purchase goods and merchandise that she knew to be stolen. The couple then advertised and sold or attempted to sell the items to buyers online, all while falsely representing that they had lawful ownership of the goods.
Charges against Brian Leonard 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 was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and members of the Rochester Police Department under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for December 17th, at 2:00 p.m. before Judge Larimer.Tonawanda Man Arrested; Charged with Production and Possession of Child PornographyRead the Press Release
Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jason M. Smith, 34, of Tonawanda, NY, has been arrested and charged by criminal complaint with production of child pornography and possession of child pornography. The charges carry a maximum penalty of 30 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney S. Allen, Jr., who is handling the case, stated that, according to the complaint, on April 11, 2014, the Lancaster Police Department executed a search warrant at Smith’s residence on Byron Avenue in Tonawanda. During the search, officers seized an external hard drive. Subsequent examination by the Western New York Regional Forensic Laboratory determined the hard drive contained child pornography. Further investigation determined that the defendant was producing some of the child pornography at his residence. Some of the images depicted Smith engaged in sexual contact with what appears to be a minor, under the age of 10.
Smith was in court today before U.S Magistrate Judge Jerimiah J. McCarthy for a detention hearing. The defendant is being held.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr., 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.Rochester Man and Woman Sentenced in Oxycontin Distribution ConspiracyRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Jimmie Lee Simmons, 60, of Rochester, NY, who was convicted of acquiring Oxycodone through fraud, was sentenced by U.S. District Judge David G. Larimer to six months in prison and ordered to pay restitution of $367.55. In addition, Shantel Williams, 37, also of Rochester, who was convicted of conspiring to fraudulently obtain and distribute Oxycodone, was sentenced by Judge Larimer to 12 months and ordered to pay restitution totaling $11,135.70.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Shantel Williams wrote fraudulent prescriptions for OxyContin, which she then sold to Jimmie Lee Simmons and James Marsh. Simmons located individuals willing to participate in the scheme by sharing their Medicaid information with him. Simmons provided the Medicaid information to Williams, who wrote fraudulent scripts using this information, and sold them to Simmons for $860 each. Simmons then took the named beneficiaries to local pharmacies to fill the prescriptions, and paid them $100 for each prescription. From July 2008 to March 2010, Williams wrote and sold at least 20 fraudulent OxyContin prescriptions.
Williams and Simmons were arrested along with five others in December 2012. All seven defendants have been convicted.
The sentencing was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, and Investigators of the New York State Attorney General, Medicaid Fraud Control Unit, under the direction of Acting Director Amy Held.Rochester Man Sentenced on Fraud ChargesRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Kenyatta Hubbard, 33, of Rochester, NY, who was convicted of conspiring to defraud the United States, was sentenced by U.S. District Judge David G. Larimer to five years probation.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Hubbard worked at McFarland Tax Company which was owned by co-defendant Chauncee McFarland who has also been convicted of conspiring to defraud the United States. Between January 2010 and February 2012, Hubbard worked with McFarland to prepare dozens of false income tax returns for clients, including fake Forms W-2, in order to fraudulently increase the size of the refunds claimed. As a result of the scheme, the Internal Revenue Service paid more than $400,000 in improper refunds.
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.Moldovan National Pleads Guilty to Passport FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Vasile Leu, 34, of Chisinau, Moldova, pleaded guilty to using a fraudulent Czech Republic passport before U.S. District Judge Charles P. Siragusa. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Leu entered the United States in 2012. Over a period of months, the defendant opened bank accounts at different banks in Wisconsin and California using false Czech Republic passports issued to him under various aliases. The bank accounts were used to receive proceeds from an internet fraud that targeted online purchasers of motor vehicles. Leu then transferred the proceeds of the fraud back to Eastern Europe.
The plea is the culmination of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for January 6, 2015, at 3:15 p.m. before Judge Siragusa.Wellsville Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jason W. Patterson, 38, 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 151 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 a residence on South Main St. in Wellsville. Officers discovered items used to manufacture methamphetamine as well as a quantity of methamphetamine. A subsequent search warrant executed at a residence on Madison Ave. in Wellsville led to the discovery of active methamphetamine laboratory. The court’s restitution amount was to repay the government for costs associated with the environmental clean-up of this laboratory.
The defendant was arrested along with his wife April Patterson, Anthony Kidd, John Faber and Justin McPherson. April Patterson was sentenced to 30 months in prison; John Faber 40 months; and Justin McPherson 24 months. Anthony Kidd will be sentenced on November 5, 2014.
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, Acting Special Agent in Charge, New York Field Division.Canadian Man Sentenced in Case Involving Largest Seizure of Cocaine in District HistoryRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Bagri, 54, a citizen of Canada, who was convicted conspiracy to export five kilograms or more of cocaine from the United States into Canada, was sentenced to 70 months in prison by Chief U.S. District Judge William M. Skretny.
“Because Twenty First century criminals do not respect international borders, law enforcement must work with those from other nations in order to fully protect the homeland,” said U.S. Attorney Hochul. “This case stands as a model of what is possible when police and prosecutors do just that.”
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on September 8, 2010, Bagri’s co-defendant, Ravinder Arora attempted to cross the Lewiston-Queenston Bridge from the United States into Canada. An outbound inspection of Arora's tractor-trailer revealed a hidden compartment underneath the floor. Inside, U.S. Customs and Border Protection Officers and Special Agents of Immigration and Customs Enforcement, found approximately 97 kilograms (over 200 pounds) of cocaine. This amount, valued at approximately $3.6 million dollars, represents one of the largest seizures ever in the Western District of New York.
The investigation revealed that Bagri packed the 97 kilograms of cocaine into the hidden compartment at a warehouse located in California, with the trailer and the cocaine ultimately transported across the United States to Canada, via the Lewiston-Queenston Bridge. In early May 2011, the defendant traveled from Buffalo, New York to California, where he loaded another tractor-trailer with approximately 26 kilograms (over fifty pounds) of cocaine. This cocaine was then transported across the United States before being seized by federal agents outside of Geneva, New York.
The defendant admitted to packing cocaine in tractor-trailers on nine additional occasions. The total amount of cocaine involved in these smuggling trips exceeded 1,600 kilograms (over three and one-half tons).
Co-defendant Ravinder Arora was sentenced to 84 monhs in prison in May 2014. Another co-defendant Parminder Sidhu has been convicted and is awaiting sentencing.
The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Officers from the United States Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations, the Peel Regional Police Department, under the direction of Chief Jennifer Evans, the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region and the Toronto Police, under the direction of Chief William Blair.Buffalo Woman Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mary Moran, 51, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute and to distribute fentanyl, was sentenced to one year 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 2012 and May 2013, the defendant conspired with others to distribute fentanyl, a Schedule II controlled. Mary Moran sold her prescription fentanyl patches to Barbara Moran, who then sold those fentanyl patches and other controlled substances, from her residence at 93 Pulaski Street in Buffalo. Some of those sales were made to law enforcement officers acting in an undercover capacity.
Jordan Warunek, Barbara Moran, and Gregory Pendziwiatr have all been convicted of similar charges. Barbara Moran and Pendziwiatr are awaiting sentencing, and Warunek was sentenced to probation.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief David Zach.Amherst Restaurant Owner Sentenced for Filing a False Tax ReturnRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Ravi Sabharwal, 58, of Williamsville, N.Y., who was convicted of filing a false tax return, was sentenced to time serve and one year probation to include six months home confinement by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Sabharwal, owner of Tandoori’s restaurant in Amherst, N.Y., underreported the gross receipts of the business on corporate tax returns to avoid paying federal taxes.
In October 2012, the defendant attempted to sell Tandoori’s restaurant and two related businesses to any interested buyers by listing the businesses for sale with a broker. Between October 2012 and March 2013, Internal Revenue Service, Criminal Investigation Division (IRS-CID) undercover agents, posing as interested buyers, met with the defendant to negotiate the terms of the sale of the business. During conversations with the agents, Sabharwal admitted that he significantly underreported the gross receipts and the taxable income for Tandoori’s restaurant on corporate tax returns. The defendant was able to underreport the gross receipts and taxable income by not running the receipts of a related business through the register and by not depositing all the business receipts to the business bank accounts.
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.
On October 7, 2012, Sabharwal assisted in the preparation of the corporate tax return for Tandoori’s restaurant for calendar year 2011 by providing his accountant, who prepared the corporate tax returns, with information concerning the gross receipts of the business. The return reported that the gross receipts for the calendar year 2011 were the sum of $738,358 and that the total amount of tax due was $4,686. The gross receipts of Tandori’s restaurant for the calendar year 2011 were actually $1,052,372.89, with taxes due to the IRS totaling $48,952.
In addition, Sabharwal similarly assisted with the preparation of a false and fraudulent corporate tax return for Tandoori’s restaurant for calendar year 2010. The total tax due was $95,063.Rochester Woman Sentenced for Her Role in Oxycontin Distribution ConspiracyRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Bettina Wilson, 34, of Rochester, NY, who was convicted of acquiring Oxycodone through fraud, was sentenced by U.S. District Judge David G. Larimer to one year probation and ordered to pay restitution totaling $7,573.65.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Wilson obtained fraudulent prescriptions for OxyContin by providing her Medicaid information to James Marsh. Marsh used the defendant’s Medicaid information to obtain the fraudulent prescriptions, which Wilson filled for Marsh in exchange for payments of $100 each. From May 2009 to February 2010, Wilson filled at least eight fraudulent prescriptions for Marsh. On August 8, 2014, Marsh was convicted by a federal jury of a narcotics conspiracy and is awaiting sentencing.
Wilson and Marsh were arrested along with five others in December 2012. All seven defendants have been convicted.
The sentencing was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, and Investigators of the New York State Attorney General, Medicaid Fraud Control Unit, under the direction of Acting Director Amy Held.Rochester Radiologist Charged with Health Care FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Thomas Stephenson, M.D., 71, of Rochester, NY, was charged with heath care fraud. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Stephenson is accused of submitting false and fraudulent claims for reimbursement to Excellus Health, MVP Health Care and Medicare for services that were not provided. Specifically, from 2007 to 2010, the defendant falsely represented on multiple occasions that he had performed and interpreted two x-rays when in fact he had only performed and interpreted single x-ray images. As a result, Stephenson fraudulently claimed reimbursements from the three health care plans in the amount of $183,279.30.
The defendant made an appearance before U.S. District Judge Frank P. Geraci, Jr. and is due back in court October 14, 2014, at 3:30 p.m.
The criminal charge is the culmination of an investigation by Special Agents of 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.Orchard Park Motel Owners Sentenced for Immigration OffensesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mahesh Ambu, 54, and his wife, Jyotiben Ambu, 53, both natives of Tanzania with British citizenship who currently reside in Orchard Park, NY, were sentenced by U.S. District Court Judge Elizabeth A. Wolford for their convictions on immigration charges.
Mahesh Ambu, who was convicted of unlawfully attempting to procure naturalization, was sentenced to time served and one year supervised release. Jyotiben Ambu, who was convicted of entering the United States by means of concealing a material fact, was also sentenced to time served.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendants, who own and operate the Orchard Park Inn in Orchard Park, applied for naturalization in 2008. On their application, both defendants falsely claimed that they had never lied to immigration officers in the past to gain immigration benefits. Both defendants did in fact lie on their 2003 visa applications, claiming that they had not previously resided in the United States or been issued Social Security numbers.
An investigation by Immigration and Customs Enforcement determined that between 1995 and 2003, the defendants illegally resided in Oklahoma, Georgia, Florida, and New York, prior to filling out their visa applications in 2003 and were issued Social Security numbers in 1996. In fact, the defendants purchased the Orchard Park Inn in 2001, prior to their visa applications. As a result of their pleas, both defendants are subject to possible removal proceedings by the Department of Homeland Security.
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.Former Olean Nurse Sentenced for Possesion of Child PornographyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Willie G. Reid, 47, of Olean, N.Y., who was convicted of possession of child pornography, was sentenced to 90 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 May 2, 2013, the defendant possessed more than 600 images on a computer and hard drive in his residence. Some of the videos and images included pre-pubescent children and depictions of violence. At the time of his arrest, Reid was employed as a Registered Nurse at the Olean General Hospital.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Cattaraugus County Sheriff’s Department, under the direction of Sheriff Timothy Whitcomb.Buffalo Woman Pleads Guilty to Smuggling Heroin into Attica Correctional FacilityRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Elizabeth Camue Martinez, 33, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 20 years in prison, a $1,000,000 fine or both.
“The willingness of some to commit crime does not end simply by presence inside prison,” said U.S. Attorney Hochul. “In this case, the vigilance of staff, law enforcement, and local prosecutors made this prosecution possible. Prison staff everywhere must continuously monitor their institutions so that inmates once and for all lose the ability to break the law.”
According to Assistant U.S. Attorney Mary Catherine Baumgarten, between April 2013 and December 2013, the defendant smuggled gram quantities of heroin and ounces of marijuana into the Attica Correctional Facility and provided it to her husband, Andres Martinez, who was at that time incarcerated in the facility, knowing that he would then distribute the heroin and marijuana to other inmates.
The investigation resulted from two overdose deaths that occurred at the Attica Correctional Facility on December 5, 2013. Saleem Ali, 51, was found unresponsive in his cell. Ali died from acute fentanyl intoxication. Glendon Jackson, 25, was found unresponsive in his cell. Jackson also died from acute fentanyl intoxication.
During the course of the investigation a third overdose death occurred. On September 16, 2013, Avery Cureton, 45, was found unresponsive in his cell. Cureton died from acute heroin intoxication.
As part of her plea, Camue Martinez admitted purchasing the heroin and marijuana from Jerome J. Tallington. The defendant, Andres Martinez and Tallington were charged in February 2014. Charges are pending against Andres Martinez and Jerome Tallington. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police, under the direction of Major Michael Cerretto, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Wyoming Country District Attorney’s Office, under the direction of Donald O’Geen, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony Annucci.
Sentencing is scheduled for January 29, 2015 at 12:30 p.m. before Judge Arcara.Union Negotiator Pleads Guilty to FraudRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Frank Aquila, 76, of Amherst, N.Y., pleaded guilty to fraud involving a scheme to defraud the Buffalo Educational Support Team (BEST), a union representing approximately 900 teacher’s aides and assistants in the City of Buffalo School District, before Chief U.S. District 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 case, stated that between March 2006 and December 2011, the defendant served as the chief negotiator for BEST during 2008 collective bargaining negotiations with the City of Buffalo School District. Aquila, as chief negotiator for BEST, refused to reach final agreement with the district on a collective bargaining agreement until and unless the district agreed to allow BEST to (1) select its own insurance broker; (2) make commission payments totaling $135,000 per year for four years to an insurance broker selected by BEST; and (3) agreed to make four payments to BEST of $65,000 each for costs and expenses associated with administering health insurance benefits for its members.
The defendant failed to disclose to the district or BEST that he would share in commissions paid to the insurance broker selected by BEST, and in payments made to BEST to administer health insurance benefits for its members. Aquila unlawfully obtained $332,500.The plea is the culmination of an investigation by the Federal Bureau of Investigation and the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent-in-Charge Cheryl Garcia of the New York Regional Office.
Sentencing is scheduled for January 28, 2015, at 9:00 a.m. before Judge Skretny.Rochester Man Pleads Guilty to Robbing the Same Bank Three TimesRead the Press Release
ROCHESTER N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Edward Brown, 51, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Charles J. Siragusa. The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated the defendant entered the Citizens Bank at 40 Franklin Street in Rochester on June 25, 2014 and told the teller “I got a gun in my waist, I don’t want anybody to get hurt. Give me money in small bills.” The teller gave Brown a specific amount of money.
On July 31, 2014, the defendant entered the same Citizens Bank, approached a teller and said “Give me money in small bills.” The teller again gave Brown a specific amount of money.
The defendant entered the Franklin Street branch a third time on August 4, 2014. On that date, Brown told the teller “I have a gun and I’ll use it.” Once again, the teller gave Brown a specific amount of money.
The plea is the culmination of an investigation on the part of the Rochester Police Department’s Major Crimes and Tactical Units, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, and the NYS Department of Corrections and Community Service under the direction of Acting Commissioner Anthony J. Annucci.
Sentencing is scheduled for December 19, 2013 at 10:30 a.m. before Judge Siragusa.Buffalo Man Convicted of Conspiracy to Distribute Crack CocaineRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nathaniel Clark, 31, of Buffalo NY, pleaded guilty before District Court Judge Richard J. Arcara to conspiracy to possess with intent to distribute and to distribute crack cocaine. The charge carries a maximum sentence of 40 years in prison, a $5,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that the charge stems from an investigation into the trafficking of cocaine base and cocaine from the Cleveland, Ohio area into Western New York, and the distribution of those drugs in North Tonawanda, Niagara Falls, Lockport, and Buffalo.
Charges are pending against co-defendant Raysean Clark, 27, of Buffalo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. Co-defendants Kayla Combs, 24, of Buffalo, and Tommy Clark, 29, of Niagara Falls, were convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine. Combs will be sentenced on December 10, 2014 at 12:30 p.m., and Tommy Clark will be sentenced on January 15, 2015 at 12:30 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part of Task Force Agents and Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, in conjunction with the Niagara County Sheriff's Department and Niagara County Drug Task Force, under the direction of Sheriff James Voutour, and the North Tonawanda Police Department, under the direction of Chief William Hall.
Sentencing is scheduled January 30, 2015 at 12:30 p.m. before Judge Arcara.The plea is the culmination of an investigation by the Federal Bureau of Investigation and the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent-in-Charge Cheryl Garcia of the New York Regional Office.
Sentencing is scheduled for January 28, 2015, at 9:00 a.m. before Judge Skretny.Barker Woman Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Erin Dwyer, 34, of Barker, NY, pleaded guilty to conspiracy to import alpha-PVP, a synthetic narcotic, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.
Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, stated that between September 2013, and January 16, 2014, Dwyer, along with co-defendants Richard Dwyer and David Jackson, 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 will be sentenced on November 13, 2014 at 1:00 p.m., and David Jackson will be sentenced on November 26, 2014 at 1:00 p.m.
The plea 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.
Sentencing is scheduled for January 29, 2015 at 1:00 p.m. before Judge Arcara.
Rochester Man Arrested, Charged with Enticing, Threatening MinorRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Johnnie Jones, 31, of Rochester, NY, was arrested and charged in a criminal complaint with enticing a minor to engage in sexual acts, and with threatening the minor with the intent to tamper with evidence. The charges carry a minimum sentence of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, Jones communicated with a minor by mobile telephone. The defendant repeatedly sent the minor sexually explicit messages over a period of several weeks and attempted to entice the minor to have sex with him. Jones also threatened to kill the minor and the minor’s family members if the minor did not delete the incriminating messages and images that he had sent.
Jones made an initial appearance today before U.S. Magistrate Judge Jonathan Feldman. The defendant is being held pending a detention hearing on September 26, 2014 at 9:30 a.m.
The criminal complaint is the culmination of an investigation by Special Agents of 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.
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.Williamson Man Pleads Guilty in International Synthetic Drug Trafficking RingRead the Press Release
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Joshua Buerman, 26, of Williamson, NY, pleaded to conspiracy to import and distribute significant quantities of Methylone, a Schedule I controlled substance, from a source of supply located in China before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.
“This case demonstrates the global reach of a China-based synthetic drug ring, as well as the Government’s ability to infiltrate and destroy it,” said U.S. Attorney Hochul. “We will continue to utilize all of the tools available to us to ensure that dangerous substances such as these are not imported into this country.”
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that since June 2012, Joshua Buerman and other members of a drug trafficking organization utilized a source of supply located in China to purchase and obtain significant quantities of Methylone, as well as several other synthetic substances. The Government obtained a court order authorizing the interception of email communications occurring over an email address belonging to the source of supply in China. During the course of the 30 day email interception period, investigators obtained substantial evidence indicating that the China based supplier was shipping an assortment of controlled substances and controlled substance analogs to numerous customers located throughout the United States and abroad, including, but not limited to Austria, Canada, Finland, Spain, Germany, Italy, Belgium, Ireland, the United Kingdom, Sweden and Lithuania.
The interception generated more than 450 leads which were disseminated to various police agencies across the United States, resulting in the nationwide seizure of more than 70 kilograms of Methylone and numerous controlled substance analogs, all of which had been shipped from China. Investigative leads also resulted in at least 54 arrests nationwide, including Maine, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Tennessee, Missouri, Ohio, Michigan, Minnesota, Nevada, Oregon, California and Texas. Agents also seized several kilograms of cocaine, methamphetamine and MDMA, more than $50,000 in cash, several motor vehicles and seven weapons, including several firearms.
In August 2013, investigators learned through the email interception that several shipments of Methylone were being shipped to members of the Rochester organization. The packages were interdicted and found to contain a total of 3.5 kilograms of methylone crystals.
Methylone is a stimulant that has a chemical structure closely related to 3,4 methyelenedioxymethamphetamine, known commonly as "MDMA" or "ecstacy." Its crystalline form is often sold generically on the streets by the street term "Molly" or “bath salts.” Methylone was the subject of an October 2011 DEA Emergency Scheduling Order and was permanently placed into Schedule I of the Controlled Substances Act in April 2013.
Buerman was arrested along with eight others in the Rochester area in September 2013. To date, five defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the United States Border Patrol, under the direction of Patrol Agent in Charge Chris Buskey, and the New York State Police, under the direction of Major Scott Crosier.Lockport Husband and Wife Plead Guilty to Conspiracy to Manufacture MethamphetamineRead the Press Release
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Thomas W. McCabe, 37, and Leah McCabe, 35, of Lockport NY, pleaded guilty before U.S. District Court Chief Judge William M. Skretny today to conspiracy to manufacture methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between December 2013 and May 22, 2014, Thomas McCabe conspired with others, including Leah McCabe, to manufacture methamphetamine, a Schedule I controlled substance. On December 6, 2013, law enforcement officers responded to 4890 Saunders Settlement Road in Lockport after receiving a report that there was a clandestine methamphetamine lab in the basement of the residence. Leah McCabe gave consent to search the premises, and in the basement, officers observed a clear, plastic bag containing a clear liquid clamped to the outside of a dresser drawer, a can of drain cleaner, a can of Coleman fuel, and a gas generator, which are used in manufacturing methamphetamine. Officers seized a plate containing a credit card, a razor blade and a white, powdery substance. A field-test of the white powder was positive for methamphetamine. State charges were filed at that time against Thomas McCabe and subsequently against Leah McCabe.
On May 22, 2014, law enforcement officers went to the McCabe residence at 51 Ritchie Avenue Tonawanda, NY, to execute arrest warrants for the couple who failed to appear in court with on the state charges. On that date, officers observed a plastic bag containing what appeared to be methamphetamine oil. During a security sweep of the residence, they observed a plate and credit card which contained a white powdery substance. Thomas McCabe and Leah McCabe were removed from the residence due to safety concerns, and were taken into custody.
During another search, officers discovered materials and equipment used to manufacture methamphetamine, including Coleman fuel, empty pseudoephedrine blister packs, table salt, a plastic funnel, ammonium nitrate, several empty cold packs, sodium hydroxide, a hydrochloric acid gas generator, and a one-pot methamphetamine bottle. A field test of the residue on the plate and credit card was positive for methamphetamine. The substances seized were submitted to the Niagara County Sheriff’s Department Laboratory for analysis, which determined that there was more than two ounces of a mixture and substance containing methamphetamine seized from the McCabe residence.
The pleas are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. hunt, the Niagara County Drug Task Force and the Niagara County Sheriff’s Department, both under the direction of Sheriff James Votour.
Sentencing is scheduled for January 14, 2015 at 2:00 before Judge Skretny.Chinese Restaurant Manager Sentenced for Harboring Illegal Aliens for Commercial GainRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Zhou Wang Ni, 48, of Rochester, NY, who was convicted of harboring illegal aliens for commercial gain, was sentenced two years probation by U.S. District Court Judge David G. Larimer. The defendant was also placed on 3 months of home detention and was ordered to pay a $5,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant is the manager of the Grand Super Buffet Chinese Restaurant located on Jefferson Road in Henrietta, NY. As manager, Ni hired several illegal aliens to work in the restaurant who he knew were not lawfully present in the United States. The defendant housed these workers in properties he owned around Rochester and paid them in cash. While conducting surveillance, federal agents observed Ni driving these individuals to work at the restaurant on several occasions.
Homeland Security Investigations conducted an immigration audit of the restaurant during the course of the investigation during which the defendant concealed the fact that those illegal aliens were working. However, agents had video footage of those same workers being picked up by the defendant in the morning, being driven to the restaurant, and then working inside during the day.
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.Greece Woman Sentenced for Supplying Guns Used in Christmas Eve ShootingRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dawn Nguyen, 25, of Greece, N.Y., who was convicted of knowingly making a false statement in connection with the purchase of firearms; selling and disposing of firearms to William Spengler, a known felon; and possession of firearms while being an unlawful user of marijuana, was sentenced to 96 months in prison by U.S. District Judge David G. Larimer.
The charges involve the purchase and disposition of the firearms that were used in the Christmas Eve shooting in December 2012 that resulted in the deaths of Webster Police Lieutenant Michael Chiapperini and West Webster Firefighter Tomasz Kaczowka, and seriously injured Firefighters Theodore Scardino and Joseph Hostetter.
Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that Nguyen made false statements during the purchase of a Bushmaster semiautomatic rifle and a Mossberg 12 gauge shotgun at Gander Mountain in Henrietta, N.Y., in order to acquire those firearms on behalf of William Spengler, Jr. The defendant gave those firearms to Spengler with the knowledge that Spengler was a convicted felon. In addition, Nguyen unlawfully possessed the firearms at a time when she was an unlawful user of marijuana.
The sentencing is the culmination of an investigation on the part of the Webster Police Department, under the direction of Chief Gerald Pickering, 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 Division, the New York State Police, under the direction of Major Scott Crozier, and the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn.Buffalo Man Pleads Guilty to Conspiracy to Commit ArsonRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today Michael Fijal, 61, of Buffalo, NY, pleaded guilty to conspiracy to commit arson before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison, a $250,000 fine or both.
According to Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, in May 2011, Fijal, a local bank employee, conspired with others to burn down a duplex at 179 Mackinaw Street which is located in Buffalo's Old First Ward neighborhood. The defendant withdrew money from a local bank for the purpose of paying an accomplice to burn the building and paying the accomplice both before and after the fire on May 22, 2011.
The plea is the result of investigation on the part of Special Agents of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Division, and Investigators with the Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.
Sentencing is scheduled for January 16, 2015 at 1:00 p.m. before Judge Arcara.Rochester Man Pleads Guilty to Charges Involving Stolen PropertyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brandon Meade, 27, of Rochester, NY, pleaded guilty to conspiring to transport and transfer stolen property with an aggregate value of $5000 in interstate commerce before District Court Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Scott S. Allen, Jr. and Anthony M. Bruce, who are handling the case, stated that the defendant ran East Side Gold and Car Audio, a pawn shop located at the corner of North Goodman and Clifford Avenues in Rochester. In that role, Meade assisted several other individuals, including do-defendant Rico J. Vendetti, in obtaining over $350,000 in merchandise. The merchandise was obtained through organized rings of shoplifters who stole from big box stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops and Wegmans. The merchandise was then allegedly sold by Vendetti on eBay for about half of its retail value.
Vendetti, along with Arlene Combs, Albert Parsons, and Donald Griffin, all of Rochester, N.Y., are charged with felony murder in the death of 78-year old Homer Marciniak during the course of a home invasion robbery at Marciniak’s home in Medina, N.Y. in July, 2010. In addition, Vendetti and Combs are charged with racketeering, which includes the murder, witness tampering and transporting stolen goods in interstate commerce. If convicted of the felony murder charge, Vendetti, Combs, Parsons and Griffin face a mandatory sentence of life in prison without parole.
According to the indictment, Vendetti, Combs, Parsons and Griffin planned and carried out a July 5, 2010 home invasion robbery at Marciniak’s Medina home. During the robbery, Marciniak’s valuable collection of collectible comic books was stolen and Marciniak was beaten. Several hours after being treated for bruises and lacerations suffered during the robbery and released from the hospital, Marciniak was readmitted to the hospital where he died of a heart attack.
Vendetti is scheduled to be tired in front of Judge Aracara in December. Charges are pending against defendants Combs, Parsons, and Griffin. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The Indictment is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, the New York State Police, under the direction of Major Scott Crosier, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department under the direction of Chief James Sheppard.
Sentencing is scheduled January 12, 2015 at 12:30 p.m. before Judge Arcara.Rochester Man Indicted on Charges of Attempting to Provide Material Support by Recruiting Multiple Individuals to Join ISIS, Attempting to Kill U.S. Soldiers, and Possession of Firearms and SilencersRead the Press Release
ROCHESTER, N.Y.—Attorney General Eric Holder, Assistant Attorney General for National Security John Carlin and U.S. Attorney William J. Hochul Jr. for the Western District of New York announced today that a federal grand jury in Rochester has returned a seven-count indictment charging Mufid A. Elfgeeh, 30, of Rochester, with three counts of attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), aka the Islamic State of Iraq and Syria (ISIS), a designated foreign terrorist organization. In addition, Elfgeeh is also charged with one count of attempted murder of current and former members of the United States military, one count of possessing firearms equipped with silencers in furtherance of a crime of violence, and two counts of receipt and possession of unregistered firearm silencers.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent unless and until proven guilty.
“We will remain aggressive in identifying and disrupting those who seek to provide support to ISIL and other terrorist groups that are bent on inflicting harm upon Americans,” said Attorney General Holder. “As this case shows, our agents and prosecutors are using all the investigative tools at our disposal to break up these plots before individuals can put their plans into action. We are focused on breaking up these activities on the front end, before supporters of ISIL can make good on plans to travel to the region or recruit sympathizers to this cause.”
“Disrupting and holding accountable those who seek to provide material support to foreign terrorist organizations is and shall remain a critical national security priority,” said Assistant Attorney General Carlin. “I want to thank the agents, analysts and prosecutors who are responsible for the arrest and charges in this case.”
“With today's indictment of Mufid Elfgeehr, the government demonstrates that it will use all available tools to disrupt and defeat ISIL,” said U.S. Attorney Hochul. “The case also demonstrates that by working with the community, law enforcement is able to identify those who would harm our country or our returning soldiers.”
The material support charges each carry a maximum sentence of 15 years in prison, the attempted murder charge carries a maximum sentence of 20 years in prison, the firearms possession charge carries a mandatory minimum sentence of 30 years and a maximum of life in prison, and the firearm silencer charges each carry a maximum sentence of 10 years in prison.
According to court records, Elfgeeh attempted to provide material support to ISIS in the form of personnel, namely three individuals, two of whom were cooperating with the FBI. Elfgeeh attempted to assist all three individuals in traveling to Syria to join and fight on behalf of ISIS. Elfgeeh also plotted to shoot and kill members of the United States military who had returned from Iraq. As part of the plan to kill soldiers, Elfgeeh purchased two handguns equipped with firearm silencers and ammunition from a confidential source. The handguns were made inoperable by the FBI before the confidential source gave them to Elfgeeh.
According to court documents, in 2013 and into early 2014, Elfgeeh encouraged the two confidential sources (CS-1 and CS-2) to travel overseas to engage in violent jihad. After CS-1 and CS-2 agreed to travel to Syria to join ISIS, Elfgeeh took several steps to prepare them for the trip. Elfgeeh also sent $600 to an individual in Yemen for the purpose of assisting that individual in traveling from Yemen to Syria for the purpose of joining and fighting on behalf of ISIS.
Court documents also indicate that Elfgeeh first discussed the idea of shooting United States military members in December 2013 when he told CS-2 that he was thinking about getting a gun and ammunition, putting on a bulletproof vest, and “just go[ing] around and start shooting.” In February 2014, Elfgeeh told CS-2 that he needed a handgun and silencer. Elfgeeh later gave CS-2 $1,050 in cash to purchase two handguns equipped with silencers and ammunition. On May 31, 2014, CS-2 delivered the two handguns equipped with silencers and ammunition to Elfgeeh. After Elfgeeh took possession of the items, he was arrested by members of the Rochester Joint Terrorism Task Force. Elfgeeh is currently being held in custody.
The indictment is the result of an investigation on the part of the Rochester Joint Terrorism Task Force of the Federal Bureau of Investigation.
The defendant is being prosecuted by Assistant United States Attorneys Brett A. Harvey and Frank H. Sherman, with the assistance of Trial Attorney Steven P. Ward of the National Security Division’s Counterterrorism Section.Defendant Charged with Producing Child Pornography CapturedRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jordan McCloud, 22, of Rochester, NY, was taken into police custody early this morning by members of the U.S. Marshals Service with assistance from the Federal Bureau of Investigation’s Cyber Task Force and the Rochester Police Department. McCloud was charged by criminal complaint on August 18, 2014 with producing child pornography and possessing child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the complaint, the defendant used his cellular phone to film co-defendant Shahmell Robinson while Robinson raped a female child under the age of 16. The conduct occurred at a residence in Greece on August 8, 2014. The videos came to the attention of law enforcement when another individual posted them on Facebook.com.
The defendant made an initial appearance this afternoon before U.S Magistrate Judge Marian W. Payson. The Government moved to detain McCloud on the grounds that he poses a risk of flight and a danger to the community. A status conference regarding bail is scheduled for September 23, 2014 at 12:00 p.m.
The criminal complaint is the culmination of an investigation on the part of members of the Federal Bureau of Investigation’s Cyber Task Force, along with Task Force officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli and members of the Greece Police Department, under the direction of Chief Patrick Phelan.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Sentenced on Gun Trafficking ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Paul Davis, 49, of Rochester, who was convicted of conspiracy to unlawfully deal firearms without a federal firearms license, selling firearms to a convicted felon, and being a felon in possession of a firearm, was sentenced to 72 months in prison by U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to forfeit 10 firearms and over 500 rounds of ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between August 2012 and February 6, 2013, Davis and Liddon Young conspired to unlawfully traffic firearms from the Atlanta, Georgia area to Rochester. Young supplied multiple firearms and rounds of ammunition from the Atlanta area to Davis, who then transported them and illegally resold them on the black market in Rochester.
Davis was arrested in Rochester on February 6, 2013 after selling a Georgia pistol to a confidential informant. Federal search warrants executed at Davis’s residence and business netted 10 firearms and several hundred rounds of ammunition. Young was arrested in Rochester on February 8, 2013 in possession of a loaded .380 caliber pistol. Federal search warrants executed at Young’s residences in Stone Mountain, Georgia resulted in the seizure of an additional firearm, hundreds of rounds of ammunition, a gun ledger, and other firearms trafficking paraphernalia.On June 25, 2014, Judge Geraci, Jr. sentenced Young to 15 years in prison for his role.
The sentencing is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins and the Rochester Police Department, under the direction of Chief Michael Ciminelli.Buffalo Man Indicted for Social Security FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr., announced today that a federal grand jury has indicted Ari Elias Baum, 30, of Buffalo, N.Y., on charges of Supplemental Security Income (SSI) benefits fraud, theft of government property, and making a material false statement. The charges carry a maximum penalty of 10 years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, Baum was out of the United States from March 22, 2013, through August 13, 2013. During that time, the defendant was wrongfully collecting SSI disability benefits. Baum failed to report his absence from the country as required, and during a redetermination interview conducted on December 19, 2013, the defendant stated that he had not been out of the country since March 1, 2013. Baum’s absence from the United States resulted in an overpayment of Social Security benefits totaling $4,277.23.
The indictment is the result of an investigation on the part of the United States Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge Edward J. Ryan 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.Armed Drug Trafficking Pleads Guilty to Drug, Firearms ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Luis Abril, 31, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to 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. The charges carry mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $5,250,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling 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 conviction 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 Acting Special Agent in Charge James S. Higgins, 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.
Sentencing is scheduled for December 17, 2014 at 10:00 am before Judge Siragusa.Rochester Man Sentenced for Possessing Ammunition as a Convicted FelonRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Frederick Stokes, 36, of Rochester, NY, who was convicted of possessing ammunition while being a convicted felon, was sentenced to 63 months in prison by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the case, stated that Stokes was previously convicted in 2002 in Monroe County of Forgery in the Second Degree and in 1999 in Oneida County of Assault in the Second Degree. As a result of these previous convictions, the defendant was prohibited from possessing any firearms or ammunition.
On April 12, 2013, members of the Rochester Police Department Tactical Unit arrested Stokes in the area of Ringle Street and Post Avenue in Rochester. Officers were looking for the defendant in connection with an unrelated investigation. When officers attempted to take Stokes into custody, he ran from them which resulted in a foot chase. During the chase, the defendant discarded a dark, denim jacket in the area of 93 Post Avenue. Officers arrested Stokes in front of 95 Post Avenue and recovered the jacket nearby. They found seven rounds of .45 caliber ammunition, which were placed inside of a magazine for a Sturm Ruger .45 caliber semiautomatic pistol, inside one of the jacket pockets.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of James S. Higgins, Acting Special Agent in Charge, New York Field Office, and the Rochester Police Department, under the direction Chief Michael Ciminelli.Lockport Man Indicted on Gun ChargeRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Philip A. Ruiz, 24, of Lockport, NY, on a charge of being a felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment, on September 3, 2014, law enforcement officers executed a search warrant on a vehicle in Lockport that they believe was used in two bank robberies on July 29, 2014 and August 19, 2014. During the search, they found a 12 gauge Mossberg pump action shotgun. The vehicle belongs to the defendant’s girlfriend but it was parked at Ruiz’s residence at the time the search warrant was executed.
Subsequent investigation determined that the defendant was on probation following a 2010 conviction for Attempted Burglary in the third degree and therefore was prevented from possessing firearms.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy. Ruiz pleaded not guilty and is being held. The defendant is December 16, 2014.
The indictment is the culmination of an investigation on the part of the City of Tonawanda Police Department, under the direction of Chief William Strassburg, the Lockport Police Department, under the direction of Chief Lawrence Eggert, the New York State Police, under the direction of Major Michael Cerretto, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Thomas S. Higgins 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.Convicted Sex Offender Sentenced on Child Pornography ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jerald Kicinski, 50, of East Bethany, NY, who was convicted of receipt of child pornography, was sentenced to 20 years in prison and lifetime supervised release by Chief U.S. District judge William M. Skretny.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between December 2010 and December 14, 2011, the defendant received child pornography on his computer at his residence in East Bethany. These images had been transmitted to the defendant in interstate commerce via the Internet. Kicinski was previously convicted of Sexual Abuse in the Second Degree in 2002 and Sexual Abuse in the Third Degree in 1990. Both of the defendant's prior convictions involved minors.
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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.Rochester Man Pleads Guilty to Wire FraudRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that David Hoffman, 41, of Rochester, NY, who was convicted of wire fraud, was sentenced to three years probation by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that between June 2008 and September 2008, the defendant operated an auto dealership. Hoffman applied for financing from an automotive financing company, Dealer Services Corporation (DSC) for an inventory of vehicles. After receiving the financing, the defendant then applied for an obtained financing for the exact same vehicles already financed by DSC from another financing company, Automotive Finance Corporation (AFC).
Hoffman received over $166,000 in duplicate financing based on the fraudulent scheme for approximately 13 vehicles.
The sentencing was the culmination of an investigation on the part of the Federal Bureau of Investigation.Lackawanna Man Charged with Possesion of Child PornographyRead the Press Release
Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that James M. Meyers, 28, of Lackawanna, NY, has been arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 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 according to the complaint, on June 24, 2014, the Wyoming County Sheriff’s Department responded to a complaint in the Town of Pike. At that time, deputies were given an SD card which contained what appeared to be images of child pornography. Subsequent investigation determined that the SD card belonged to the defendant. A forensic analysis determined the images were in fact child pornography. Some of the images contained graphic images of prepubescent children.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Wyoming County Sheriff’s Department, under the direction of Sheriff Gregory Rudolph.
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.Jamaica Man Sentenced for Passport FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kahni Lobban (a/k/a Anthony Dobson, a/k/a Christopher George Evans, a/k/a Koran Rutherford), 36, was sentenced 24 months in prison by U.S. District Judge David G. Larimer. The sentence will be served consecutive to a sentence the defendant is currently serving in the Commonwealth of Pennsylvania for a conviction on gun and drug related charges.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that in January 2012, while attempting to obtain a US Passport, the defendant stated that he was a US citizen but presented documents in the name of another individual, claiming that he was that individual. In fact, Lobban is a Jamaican national with no legal status in the United States. The defendant knew that he was not entitled to obtain a US Passport.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Department of State, under the direction of Resident Agent in Charge William Ferrari.Third Superceding Indicted Files; Defendant Charged with MurderRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a 10-count, third superseding indictment, which includes a charge for murder in relation to and in furtherance of a Rochester area drug distribution conspiracy.
Tyshawn Simmons, aka “Ty,” 31, is charged with murdering Ryan Adams, 26, on the evening of October 31, 2012, as the leader of a drug trafficking conspiracy. The charge carries a mandatory minimum sentence of 20 years in prison, a maximum of life, and a fine of $2,000,000. The defendant is also charged with discharging a firearm in connection with the murder and in furtherance of the drug trafficking conspiracy which is punishable by a mandatory minimum 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that the murder charge against Simmons stems from the continuation of a long-term investigation into the drug trafficking activities in the Rochester area of Simmons and the other charged defendants. According to the superseding indictment, the defendant shot Adams six times while he was sitting in the driver’s seat of his car on Lincoln Street in Rochester, on Halloween night 2012. Adams managed to get out of the car and walked approximately 400 feet looking for help before collapsing.
The third superseding indictment also charges Simmons and seven other defendants with conspiracy to possess with intent to distribute, and to distribute, 280 or more grams of cocaine base, five kilograms or more of cocaine, heroin and marijuana. Also charged are: Marquis McMillian, aka ADap,@ 22; Melvin Hill, aka APumpkin;@ Franklin Brock Jr.; aka ALittle Frank,@ 20; Franklin Brock Sr., 40; Patrick Christner, 29; Tina McDonald, 41; and Ciarra Crane, 24. The drug conspiracy charge carries a mandatory minimum term of 10 years in prison, a maximum of life, a fine of $10,000,000, or both.
Defendants Simmons, McMillian and Brock Jr. are also charged with attempting to kill a person (John Doe 1) in retaliation for that person=s cooperation in a federal investigation and with unlawfully using a firearm to commit the shooting. These charges carry maximum penalties of 30 years and life in prison, respectively.
Tyshawn Simmons and Marquis McMillian are also charged with attempting to kill a second person (John Doe 2) because that person was a witness to the shooting of John Doe 1, and to prevent John Doe 2 from testifying in connection with the first shooting. They are also charged with unlawfully using a firearm to commit the shooting of John Doe 2. These charges also carry maximum penalties of 30 years and life in prison, respectively.
Defendants Simmons, McMillian, Brock and McDonald are also charged with unlawfully possessing firearms in furtherance of the drug trafficking conspiracy. The gun charge carries a mandatory minimum sentence of five years in prison, a maximum of life, a fine of $250,000, or both.
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 superseding indictment is the result of an investigation headed by the Rochester Police Department, under the direction of Chief Michael Ciminelli, with assistance from the United States Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division.Elmira Man Pleads Guilty to Stealing and Illegally Selling GunsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Douglas Church, 23, OF Elmira, NY, pleaded guilty to conspiring to deal firearms without a license and possession of stolen firearms. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Zachary Smith, and Brianna Lowe, all of Elmira, N.Y., have been arrested and charged by criminal complaint with conspiring to deal firearms without a license and possession of stolen firearms. In addition, defendants Church and Smith are charged with dealing firearms without a license. The conspiracy charge carries a penalty of five years in prison and a $250,000 fine. Possession of stolen firearms and dealing firearms without a license carry a penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that on October 16, 2013 at approximately 3:05 a.m., the owner of “Scott’s Guns” on Watkins Drive in Horseheads, NY received a telephone call from his security alarm company. The owner alerted police and then went to the store. Upon entering the store, the owner realized he had been burglarized. The owner determined that 49 handguns of various makes and models had been stolen.
As part of their investigation, law enforcement officers reviewed footage from a security camera inside the store which revealed two individuals inside the store during regular business hours the day before, October 15, 2013. Officers recognized the two individuals to be Douglas Church and Zachary Smith. Additional investigation revealed that Church and Smith burglarized the store by having Church climb through a hole in the wall of the building, with Church handing the weapons to Smith. The two men left the guns in backpacks in a swamp behind the building the night of the burglary, with Smith and his girlfriend, Brianna Lowe, retrieving the guns the following day. Investigation also revealed that many of the guns were sold within a week and a half of the burglary in exchange for money.
Charges are also pending against Zachary Smith and Brianna Lowe, both of Elmira. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Office, the Horseheads Police Department, under the direction of Acting Chief Scott Zelko, The New York State Police, under the direction of Major Scott Crosier, the Chemung County Sheriff’s Department, under the direction of Christopher Moss, the Elmira Police Department, under the direction of Chief Michael Robertson, the Elmira Heights Police Department, under the direction of Chief A. Rich Churches, and the West Elmira Police Department, under the direction of Chief Peter Michalko.Buffalo Woman Pleads Guilty to Conspiracy to Defraud the IRSRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Keianna A. Jones, 29, of Buffalo, NY, pleaded guilty to conspiracy to defraud the Internal Revenue Service before Chief U.S. District Judge William M. Skretny. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant conspired with others to submit false claims for income tax refunds. Blank W-2 forms were obtained from local business establishments for use in committing this fraud. Jones also 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. In working with others, a portion of the refund received would go to the defendant. The loss to the Government as a result of this scheme totaled $54,316.00.
The plea is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division under the direction of Special Agent-In-Charge, Shantelle P. Kitchen.
Sentencing is scheduled for January 21, 2015, before Judge Skretny.Buffalo Sisters Sentenced for Using Paper as MoneyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Sayonara Heath, 33, and her sister, Sade Heath, 28, both of Buffalo, NY, who were convicted of bank fraud, were sentenced to time served plus two years supervised release by Chief District Court Judge William M. Skretny.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that the defendants were part of a conspiracy to defraud local area banks by participating in a “check kiting” scheme. The defendants opened bank accounts and deposited 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 defendants withdrew smaller amounts from the accounts. Sayonara Heath received $628.89 from Key Bank and Bank of America, but the intended loss was $4,000. Sade Heath received $1,027.55 from Key Bank and Bank of America, but the intended loss was $16,050.
Co-conspirators Carlique Deberry, Nichole Dean and Antwan Green have also been convicted of bank fraud charges and are awaiting sentencing.
The sentencings are the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.Two Men Indicted in Connection with Murder in Chautauqua CountyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Jonathan Conklin, 43, and Charles Sanford, 30, on charges of carjacking, use of a firearm in furtherance of a crime of violence and felon in possession of a firearm. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum sentence of life, and a fine of $250,000.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment, Conklin and Sanford robbed Mary Whitaker inside her Sherman, NY home on August 20, 2014. Soon after Whitaker answered the door at her home, the defendants shot and killed her. The defendants then stole her vehicle and drove it to Erie, Pennsylvania, where they were arrested on August 22, 2014.
The defendants, who are detained, will be arraigned on September 9, 2014 at 10:00 a.m.
The indictment is the culmination of an investigation on the part of the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Chautauqua County District Attorney’s Office, under the direction of District Attorney David W. Foley, the Federal Bureau of Investigation, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Four 10th Street Gang Members Convicted of Murder, Racketeering and Narcotics TraffickingRead the Press Release
BUFFALO, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that following a seven week jury trial, a federal jury has convicted four members of the 10th Street Gang of racketeering conspiracy, multiple violent crimes in aid of racketeering, narcotics trafficking and firearm offenses.
“More than four years ago, our Office declared a focus on gangs and the violent activities that go with them,” said U.S. Attorney Hochul. “Today, thanks to the unrelenting efforts of law enforcement, the community and the jury, we can announce some of the results of that effort. The convictions of four defendants on racketeering related charges means that 44 10th Street Gang members and associates have now been convicted. But beyond sending these violent predators to prison, in most cases for a very long time, the prosecution means that an entire neighborhood can now enjoy the streets of this fine community. We will continue to assist in the transformation of our fine City thru vigorous prosecution of any remaining gang members.”
Specifically:
• Matthew Smith, 28, was convicted of Racketeering Influenced Corrupt Organizations (RICO);
• Smith, Jonathan Delgado, 26, Domenico Anastasio, 27, and Ismael Lopez, 26, were convicted of RICO conspiracy;
• Defendants Smith, Anastasio and Lopez were convicted of murder in aid of racketeering;
• Defendants Smith, Delgado, and Lopez were convicted of narcotics conspiracy;
• Defendants Smith, Delgado, and Lopez were convicted of possession of a gun in furtherance of drug trafficking activities;
• And defendants Delgado, Anastasio, and Lopez were convicted of possession with intent to distribute and distribution of heroin.The jury also returned a special finding indicating that all four defendants participated in the murders of Brandon McDonald and Darinell Young.
Defendants Anastasio, Smith and Lopez face a mandatory sentence of life in prison; defendant Delgado faces a maximum sentence of life in prison.
Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the prosecution of the case, stated that the defendants were responsible for multiple acts of violence including the murders of Brandon McDonald and Darinell Young and the attempted murders of three others on April 17, 2006.
Matthew Smith will be sentenced on February 20, 2015; Jonathan Delgado on February 24, 2014; Ismael Lopez on February February 27, 2014; and Demenico Anastasio on March 3, 2015. All sentencings will be before U.S. District Judge Richard J. Arcara who presided over the trial.
In addition to the violent crimes, the 10th Street Gang also trafficked in various controlled substances. Members and associates conspired to distribute 280 kilograms or more of crack cocaine, five or more kilograms of cocaine and a quantity of marijuana.
Today’s convictions are the culmination of an investigation on the part of Special Agents of the FBI Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Frank Christiano.Two Men Sentenced for Using Paper as MoneyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Gooding Vincent, 38, of Syracuse, NY, and Eugene Cooper, 38, of Buffalo, NY, who were convicted of using paper as money, were sentenced to two years probation by Magistrate Judge H. Kenneth Schroeder, Jr.
The sentencings are the result of an investigation by the United Stated Secret Service, under the direction of Special Agent in Charge Tracy Gast and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Vincent and Cooper participated in a scam commonly referred to as a “Black Money Scam.” Such a scam usually involves an individual attempting to convince an unsuspecting victim to provide the scammer with money to purchase chemicals to turn black-dyed paper into authentic U.S. currency. The individual concocts a story that money, which originated outside the United States, was treated chemically and dyed black to sneak it past immigration officials to avoid tax liability. The scammer attempts to convince the victim that money is needed to purchase chemicals to restore the money and that the scammer will share with the victim some of the funds once they are restored.
On July 8, 2013, the defendants met with a confidential informant (“CI”) working with the Government in order to convince the CI to purchase “dirty” money from them.
Vincent and Cooper attempted to use a slightly different version of the black money scam. According to the defendants, genuine United States currency had been obtained from the Central Intelligence Agency (CIA) to fight wars in Africa. The United States currency had been dyed either black or white to avoid being detected by opposition leaders in Africa and could be restored by simply washing the bills in chemicals provided by the defendant.
The CI agreed to purchase, and did purchase from the defendants, what the CI had been told was $10,500 in United States currency that had been dyed either black or white, in return for $10,000. In actuality, the defendants sold valueless black and white banknote sized paper to the CI for $10,000.
The defendants later admitted to agents working for the United States Secret Service and the Department of Homeland Security that they had sold black and white banknote sized paper having no value to the CI for $10,000. Vincent and Cooper admitted to the agents that the CI was led to believe that the CI was purchasing genuine United States currency.Sisters, Postal Employees Sentenced in Seperate CasesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that in separate and unrelated cases, Amanda Elliott, 35, of Ellington, N.Y., and Tamara Elliott, 30, of Falconer, N.Y., who were convicted of misappropriation of postal service funds by postal service employee, were sentenced by Chief U.S. District Judge William M. Skretny.
Amanda Elliott was sentenced to two years probation and ordered to pay $5,579.48 in restitution. Tamara Elliott was sentenced to two years probation to include three months home confinement and ordered to pay restitution totaling $11,326.86.
The sentencings are the culmination of an investigation by Special Agents with 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.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Amanda Elliott was the Postmaster Relief at the post office located in Lily Dale, N.Y. between December 2012 and September 5, 2013. During that time, the defendant accepted cash payments from customers for the purchase of postage stamps. Instead of depositing the cash in the cash register, Elliott kept the cash for personal use.
In the second case, Tamara Elliott was the Postmaster Relief at the post office located in Ellington, N.Y. Between December 2012 and September 5, 2013, Tamara Elliott accepted cash payments from customers for the purchase of postage stamps. Instead of depositing the cash in the cash register, the defendant kept the cash for her own purposes. Tamara Elliott also rented post office boxes and sold money orders to customers and kept the cash payments.Pennsylvania Company and Owner Sentenced for Violating the Clean Water and Clean Air ActRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Lycoming Construction Services, LLC., a Pennsylvania Limited Liability Company located in Williamsport, Pennsylvania, which was convicted of violating the Clean Air Act, was sentenced to two years probation and a fine of $100,000 by Chief U.S. District Court Judge William M. Skretny. In addition, Leo M. Williams, 66, the owner of Lycoming, was sentenced to one year probation and a fine of $25,000 for violating the Clean Water Act. As part of the sentencing, the corporation was also ordered to form an environmental training program for its employees, and Williams was ordered to pay $5,000 to the Occupational Safety and Health Administration to resolve OSHA violations stemming from this case.
Assistant U. S. Attorney Aaron J. Mango, who handled the case, stated that both cases stemmed from the demolition of the Dahlstrom industrial complex, located at 443-499 Buffalo Street in Jamestown, N.Y., from January 2012 to November 2013. This project involved the demolition of a cluster of condemned buildings on either side of the Chadakoin River, which is a water of the United States.
Prior to the start of the demolition, an asbestos survey identified that some of the buildings contained asbestos. In February 2012, company employees entered one of the condemned buildings and removed regulated asbestos containing material without adequately wetting it, in violation of the Clean Air Act asbestos work practice standards. In addition, water contaminated with dust and debris from the demolition was allowed to flow offsite directly into the Chadakoin River. Defendant Williams should have been aware that such contaminated water was flowing into the river, and acted negligently in allowing the water to be discharged.
The conviction is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge, Vernesa Jones-Allen; Special Agents of the U.S. Coast Guard Investigative Service, under the direction of Special Agent-In-Charge Neal R. Marzloff; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau and the U.S. Occupational Safety and Health Administration.