Western District of New York
Press releases recorded for this federal judicial district.
Greece Man Pleads Guilty to Attempted Possesion of Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Gordon Link, 77, of Greece, N.Y., pleaded guilty to attempted possession of child pornography before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison, a fine of up to $250,000, or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that in October 2013, a woman texted a photograph of her 10 year old daughter to a friend via her cellular phone. The photograph depicted the young child, fully clothed, seated at a table with a doll at her birthday party. However, the wife mistakenly sent the child’s photograph to the wrong cell phone number. That cellphone belonged to the defendant.
Link immediately sent several sexually suggestive texts back to the woman about the child’s image. The woman became concerned and contacted the police, who in turn, contacted the FBI Child Exploitation Task Force for assistance. A federal task force officer assigned to the unit assumed the child’s identity online, claiming to be 15 years old, and engaged in chats with the defendant. During several sessions, Link solicited the girl to send him sexually explicit photographs of her body. The defendant also engaged in sexually explicit chats with the girl and tried to meet her in person. Federal agents executed a search warrant at Link’s home and seized the cell phone the defendant used to communicate with the child.The plea is the culmination of an investigation on the part of Officers of the Greece Police Department, under the direction of Chief Patrick Phelan; Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force.
Sentencing is scheduled for November 19, 2014 at 4:00 p.m. before Judge Wolford.Union Negotiator Indicted on Fraud ChargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an 80 count indictment charging Frank Aquila, 76, of Amherst, N.Y., with engaging in 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. The defendant was arraigned before Magistrate Judge Hugh B. Scott and was released on his own recognizance.
The defendant is charged with 80 counts of mail fraud. Each 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 according to the indictment, 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. According to the indictment, Aquila unlawfully obtained $332,500.Aquila was arraigned this afternoon before U.S. Magistrate Judge Hugh B. Scott and was released on Bond.
The indictment 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.
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.Man Sentenced for 1998 MurderRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Pablo Plaza, born in 1976, who was convicted of the murder of Francisco Santos on the Seneca Indian Reservation in Erie County, N.Y., in October 1998, was sentenced to 25 years in prison by U.S. District Judge Frank P. Geraci. The defendant was also convicted of conspiring with others to traffic drugs in the Rochester area, including cocaine, cocaine base, heroin and marijuana during the period from approximately 1993 to March 2011.
Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that Francisco Santos was a member of the drug distribution conspiracy and was believed to have stolen drugs and money from other members of the conspiracy. In retaliation for the theft, Plaza and other members of the conspiracy assaulted Santos, while another member slashed Santos across the side of the head with a knife. Sometime after the beating, the co-conspirator who slashed Santos on the head was arrested for the assault.
To further retaliate for the original theft and to prevent Santos from testifying against the co-conspirator on the assault charge, Plaza and a group of other co-conspirators found Santos and drove him to the Seneca Indian Reservation. They took the back roads rather than the Thruway. Once at the reservation, they took Santos down a dirt path behind some trees and stabbed him to death and buried him in a shallow grave. Plaza admitted to having personally stabbed Santos and to having observed other co-conspirators also stabbing him.
The pending indictment charges four other codefendants with the murder of Francisco Santos (James Kendrick, Pablo Plaza, born in 1972 (Plaza’s older brother with the same name), Janine Plaza Pierce (the mother of Kendrick and the older Plaza) and Angelo Cruz). The pending indictment also charges Kendrick with another murder of Ryan Cooper. The trial of these remaining defendants is expected to take place early next year. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the result of a joint investigation on the part of Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division, under the direction of Acting Special Agent in Charge James S. Higgins, the Rochester Police Department, Violent Crime Team/Firearms Suppression Unit, under the direction of Chief Michael Ciminelli, Numerous federal, state and local law enforcement agencies also assisted in the investigation, including the New York State Police, under the direction of Major Scott Crosier; the Erie County Sheriff=s Department, under the direction of Sheriff Timothy B. Howard; the Federal Bureau of Investigation; the United States Drug Enforcement Agency, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division; and the Schenectady County District Attorney=s Office, under the Direction of District Attorney Robert M. Carney.Federal Grand Jury Hands up Two-Count Indictment Charging Buffalo Man with MurderRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that the grand jury handed up a two-count indictment charging Tre Smitherman, 21, of Buffalo with committing a murder in aid of a racketeering enterprise and possessing and using a firearm in furtherance of this murder.
According to Assistant United States Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi, who are handling the case, Smitherman is accused of shooting Charles Myles-Jones to death during the early evening hours of November 29, 2010, while Myles Jones was working at the Super-Stop Food Mart at the Corner of Kensington and Thatcher Avenues. According to the indictment, Smitherman, who was only 17-1/2 at the time of the alleged homicide, murdered Myles-Jones to prove himself in order to gain entry into the Bailey Boys, a criminal gang that sold crack cocaine and other controlled substances, committed robberies and engaged in acts of violence in an area of the city bounded roughly Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. Smitherman, who had originally been charged under rarely used federal juvenile statutes, had his prosecution transferred to adult status by order of Chief United States District Judge William M. Skretny.
Mr. Bruce stated that the government will now move to join Smitheman’s indictment with the indictment pending against 10 other alleged members of the Bailey Boys so that the cases can be tried together.
Smitherman faces up to life in prison and a $250,000 fine on each of the two counts upon conviction. He is in custody and will be arraigned by Magistrate Judge Jeremiah J. McCarthy Tuesday, September 2.
The case was investigated by the Federal Bureau of Investigation and Detectives of the Buffalo Police Department under the direction .Commissioner Daniel. Derenda and will be tried by Assistant United States Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.Buffalo Man Pleads Guilty to Perjury in Bailey Boys InvestigationRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Acoff, 24, of Buffalo, N.Y., pleaded guilty to perjury for lying to the grand jury in the connection with the Baily Boys investigation, before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Anthony M. Bruce and Special Assistant U.S. Attorney Paul Parisi, who are handling the case, stated that Acoff told a federal grand jury that he had firsthand knowledge of the January 19, 2011 murder of Harold McCain. The defendant told the grand jury that he received a telephone call from McCain’s alleged killer following the murder asking the defendant to pick him up. Acoff further claimed that he did in fact pick up the alleged killer who then provided the defendant with details of the murder. According to the Indictment, Acoff never received a call from the alleged killer, did not pick him up and did not have conversations regarding the murder of Harold McCain.
Assistant U.S. Attorney Bruce and Special Assistant U.S. Attorney Parisi note that this case is unique because the defendant took actions in an attempt to become a witness in a murder case.
Bailey Boys Gang member Tyrone Brown was indicted, along with six other members and associates, on August 1, 2012. The indictment alleged that Brown murdered Harold McCain in January 2011.
The indictment is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita, III, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, and the Amherst Police Department, under the direction of Chief John Askey.
Sentencing is scheduled for December 22, 2014 at 10:00 a.m. before Judge Skretny.Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jordan Warunek, 22, of Lancaster, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute fentanyl and was sentenced to two years probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between September, 2012 and December 2012, the defendant conspired with others to distribute fentanyl, oxymorphone, and oxycodone, Schedule II controlled substances. During the conspiracy, Warunek purchased 100 mcg fentanyl patches from co-defendant Barbara Moran, which he then sold to an undercover officer on November 30 and December 3, 2012. In addition, the defendant purchased oxymorphone and oxycodone from Barbara Moran. Warunek sold the oxymorphone to an undercover officer on September 20, 2012 and the oxycodone to an undercover officer on December 9, 2012.
The plea and sentencing are the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Cheektowaga Police Department, under the direction of Chief David Zach.
Barbara Moran, Mary Moran and Gregory Pendziwiatr have all been convicted of similar charges and are awaiting sentencing.Woman Pleads Guilty to Conspiracy to Defraud IRS by Filing False Income Tax ReturnsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Dominique Taylor, 29, of Buffalo, New York, pleaded guilty to conspiracy to defraud the IRS 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 and submitted false claims for income tax refunds. Blank W-2 forms were obtained from local business establishments for use in committing this fraud. Taylor also had others obtain legitimate W-2 forms from actual employers and then altered said W-2s 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 conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division under the direction of Special Agent-In-Charge Toni M. Weirauch.
Sentencing is scheduled for December 4, 2014, before Chief Judge William M. Skretny.City of Buffalo Employee Sentenced for Stealing Thousands of Dollars from Parking MetersRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Francis Tronolone, 33, of Buffalo, N.Y., who was convicted of stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding, was sentenced to 6 months in prison by U.S. District Judge, Richard J. Arcara. The defendant has also been ordered to pay $9,000 in restitution.
“As we have stated previously, this office intends to prosecute any public official responsible for stealing money or breaching their public trust,” said U.S. Attorney William Hochul. “This marks the fourth defendant who from a single government agency did just that.”
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant was employed by the City of Buffalo for approximately 10 years. During that time, the defendant held various positions within the Department of Parking Enforcement, including parking meter collector and parking meter mechanic. In this capacity, Tronolone was responsible for collecting coins deposited into parking meters and repairing malfunctioning meters.
During the period of his employment, the defendant stole approximately $9,000 in coins from city parking meters, money that was supposed to be deposited into the City treasury. Some of the money was stolen from parking meters that had been rigged by other parking meter mechanics. Tronolone kept a small cooler in the back of his vehicle where he would conceal the stolen coins.
In 2011, the City of Buffalo's Department of Parking Enforcement initiated a review of parking meters after suspecting that quarters were being stolen from the meters. That review and subsequent investigation by the City of Buffalo and the FBI revealed that hundreds of thousands of dollars had been stolen from the City by multiple employees.
Tronolone is the third employee of the Department of Parking Enforcement to be sentenced in this case. James Bagarozzo was convicted of stealing over $200,000 from Buffalo parking meters and sentenced to 30 months in prison on August 16, 2013. Bagarozzo was also ordered to pay $210,000 in restitution. Lawrence Charles has also been convicted of stealing over $10,000 from Buffalo parking meters and was sentenced to six months and prison and ordered to pay $15,000 in restitution. A fourth employee, Franklin Lopez, pleaded guilty to stealing thousands of dollars from the City of Buffalo, and will be sentenced on October 16, 2014.
The sentencing is the culmination of an investigation on the part of Special Agents from the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Two Men Charged in Connection with Murder in Chautauqua CountyRead the Press Release
BUFFALO, N.Y. – United States Attorney William J. Hochul, Jr. announced today that JONATHAN CONKLIN, 43, and CHARLES SANFORD, 30, were arrested on August 22, 2014 and charged in a federal criminal complaint with carjacking, use of a firearm and transportation of a stolen vehicle. If convicted of the charges, the defendants face a mandatory minimum sentence of 10 years imprisonment, a maximum sentence of life imprisonment, and a fine of $250,000.
According to Assistant United States Attorney Timothy C. Lynch, who is handling the prosecution of this matter, the charges against CONKLIN and SANFORD pertain to their involvement in the robbery and murder of Mary Whitaker. The complaint alleges that on August 20, 2014, CONKLIN and SANFORD went to Mary Whitaker’s home in Sherman, New York with the intention of robbing her. Soon after Ms. Whitaker answered the door at her home, the defendants shot and killed her. Then they stole her vehicle and drove it to Erie, Pennsylvania, where they were arrested on August 22, 2014.
Both defendants were ordered detained pending a further hearing, scheduled for August 28, 2014.
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 filing of a federal criminal complaint was 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, under the direction of Special Agent in Charge Brian P. Boetig, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.Brockport Man Charged with Mutiple Charges Including Fraud, Theft of Public Money, and Stolen MailRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Steven Ray, 48, of Brockport, NY, was arrested and charged by criminal complaint with mail fraud, forgery of endorsement of treasury checks, theft of public money, and theft of stolen mail. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, on February 1 2013, a U.S. Postal Service carrier was robbed at gunpoint while delivering mail to an apartment building in Brooklyn, NY. One of the occupants of the apartment building was expecting two Treasury checks from the Social Security Administration. Subsequently, on February 11, 2013, the same two checks, with the purported endorsements of the intended recipients, were deposited into a Chase bank account opened by the defendant. Other checks deposited into Ray’s account during this time included checks that were issued to other occupants of the same apartment building in Brooklyn.
The complaint further alleges that between January 2013 and August 2013, additional Treasury checks issued to residents in Georgia, Alabama, South Carolina and Florida were deposited into bank accounts associated with the defendant and endorsed with the name of the intended payees. None of the checks had been issued to Ray.
A total of 128 U.S. Treasury checks totaling $399,212 were deposited into accounts under the defendant’s control. The checks included tax refunds, Supplemental Security Income payments and Department of Education payments.
The criminal complaint was the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent in Charge Shantelle Kitchen.
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 to Probation for Making False Statements on Naturalization ApplicationRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tuffek Mohammed Ali Saleh, 41, a citizen and national of Yemen, who was convicted of making a false statement on an immigration document, was sentenced to 1 year probation by U.S. District Court Judge Charles J. Siragusa. He was also ordered to pay a $1,000 fine.
Assistant U.S. Attorney Craig R. Gestring, handled the case, stated that in April 2012, the defendant applied for U.S. Citizenship under the name Yehya Muthana Ali. During the processing of Saleh's application, it was determined that the defendant had previously applied to enter the United States using a different identity, including a different name and date of birth.
During the investigation, officials from the Department of Homeland Security conducted an immigration interview with the defendant. During this interview, the defendant was again asked several times about his identity, and he repeatedly denied ever using another name to try to enter the United States.
The plea is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the New York State Police, under the direction of Major Mark Koss, and the United States Department of State, Diplomatic Security Service, under the direction of Resident Special Agent in Charge, Andrew Wright.Man Pleads Guilty to Bank FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Tarrek Williams, 27, of Buffalo, NY, pleaded guilty before U.S. District Court Chief Judge William M. Skretny, to bank fraud. The charge carries a maximum penalty of 30 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case stated that between September 21, 2011 and July 28, 2013, the defendant, was involved in a scheme to defraud First Niagara Bank. As part of the scheme to defraud, the defendant deposited false and fraudulent checks so others involved in the scheme to defraud could withdraw proceeds from that check before the bank realized that there was insufficient funds to cover that check. The total loss to First Niagara for these checks is $14,185.06.
Sentencing is scheduled for December 17, 2014 at 11:00 a.m.
The plea was the culmination of an investigation on the part of Special Agents of the Postal Inspection Service under the direction of Shelly Binkowski, the Inspector in Charge of the Boston Division.Buffalo Man Pleads Guilty to Drug Charges Involving Perry Housing ProjectsRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Darnell Brown, 30, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute 280 grams or more of cocaine base within the Perry Housing Projects before Chief U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the Perry Projects case, stated that the investigation focused on the drug trafficking activities of Tyshawn Bradley, Darnell Brown, Dallas McLamore and their associates. According to the indictment, Bradley, Brown, McLamore and Eric Ross operated a cocaine base and cocaine distribution organization on a daily basis out of several apartments within the Perry Housing Projects, including apartments within the high-rise towers located at 124 Fulton Street and 305 Perry Street. Law enforcement utilized court ordered wire interceptions, undercover drug purchases, covert cameras and traditional police investigative techniques to infiltrate and dismantle this organization.On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.
“As we stated before we will not permit anyone to hurt the safety and security of people living in public housing,” said U.S. Attorney Hochul. “Thanks to this prosecution, children are now safe to play both inside and outside the Perry apartments, while residents can live in peace knowing that Darnell Brown, Eric Ross and others who sold drugs in these units have been convicted. We will continue the success of this case by bringing additional cases against remaining City gangs in the near future.”
Brown was arrested in April 2013 along with 12 others including Tyshawn Bradley and Nannette Brown both of Cheektowaga, N.Y., Darnell Brown, a/k/a D, 29, Dallas McLamore, a/k/a Ice, a/k/a Dal, Brandon Atkins, a/k/a YB, Tashawn Gay, Melvin Tucker, a/k/a Hoff, David Varner, Latifah Donaldson, a/k/a LaLa, Tara Robinson, a/k/a Coek, and Phayon Redmond, a/k/a Booper, all of Buffalo. Brown is the third defendant to be 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.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for January 14, 2015 at 9:00 a.m.Second Man Charged with Producing Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jordan McCloud, 22, of Rochester, NY, has been charged in a criminal complaint 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.
“This Complaint, together with yesterday’s arrest of Shamell Robinson, should serve as a warning to anyone who would dare harm a child and daughter of this community,” said U.S. Attorney Hochul. “While the defendants stand accused of laughing during this particular rape, if convicted, they will learn there is nothing remotely amusing about the potential punishment for this crime. We will continue our pursuit of child predators until all are brought to justice, and so that no other innocent victim need endure the scars of such abuse.”
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.
McCloud has not been taken into police custody. Law enforcement officers are asking the public to be on the lookout for the defendant. If you have any information regarding his whereabouts, please call 911. McCloud is a black male, 22 years old, 6’1” tall, 140 pounds. Co-defendant Shahmell Robinson was arrested on August 19, 2014 and is being held in police custody.
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.Former Hell's Angels Member Pleads Guilty to Methamphetamine TraffickingRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Richard E. Riedman, 40, of Webster, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to distribute and possession with intent to distribute, methamphetamine. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the charges stemmed from a joint federal, state and local investigation, which revealed that the defendant was responsible for obtaining quantities of methamphetamine from drug suppliers, including fellow Rochester Hell’s Angels member James H. McAuley, Jr., and distributing those drugs to others in the Western District of New York between 2004 and 2010.
This case was part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Along with Riedman, Monterey (California) Hell's Angels President Richard W. Mar, Rochester Hell's Angels members James H. McAuley, Jr., of Oakfield, NY, and Jeffrey A. Tyler, of Rochester, NY, and Donna Boon, of Oakfield, NY, and Gordon L. Montgomery, of Batavia, NY, are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Another defendant, Paul Griffin, of Blasdell, NY, was convicted of conspiracy to distribute, and to possess with intent to distribute, 50 grams or more of methamphetamine.
McAuley, Rochester Hell's Angels member Robert W. Moran, Jr. a/k/a Bugsy, of Rochester, along with Gina Tata, of Rochester, are charged in the same indictment with assault with a dangerous weapon in aid of racketeering activity. Moran and Tata are also charged with conspiracy to commit assault with a dangerous weapon in aid of racketeering activity, and Tata and Timothy M. Stone, of Gates, NY, are charged with being accessories after the fact to the assault and conspiracy.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Scott Crosier, the City of Batavia Police Department, under the direction of Chief Shawn Heubusch, and the Village of LeRoy Police Department, under the direction of Chief Christopher K. Hayward.
Sentencing is scheduled for November 24, 2014, at 10:00 a.m. before Judge Siragusa.Former Buffalo Woman Pleads Sentenced on Drug ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jacquelyn Witman, 32, formerly of Buffalo, N.Y., now residing in the Atlanta, Georgia, who was convicted of conspiracy to possess with intent to distribute, and to distribute, marijuana, was sentenced to time served, six months home detention and two years supervised release by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2010 and February 2011, the defendant conspired with others to distribute marijuana. On February 21, 2011, Witman attempted to board a flight at the Buffalo Niagara International Airport to Arizona. During a security screening, screeners found $21,150 in U.S. currency, money the defendant admitted was the proceeds of marijuana sales.
During the investigation, law enforcement officers seized approximately $1,000,000 in U.S. currency.
Other defendants charged in the case include Shane Grafman, of Phoenix, Arizona and Elijah Chaffino, of Tempe Arizona, who have been convicted and are awaiting sentencing. Charges are still pending against defendants Jordan Ali, formerly of Alden, N.Y, Jason Nati and Gabriel Rodriguez, both of Buffalo, N.Y. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; 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; United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Shelly A. Binkowski; Federal Bureau of Investigation; Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; Niagara Frontier Transit Authority, under the direction of Chief George Gast; Tempe, Arizona Police Department; Apache County, Arizona Sheriff's Department; and Oklahoma State Police.Rochester Man Charged with Conspiring to Produce Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Shahmell Robinson, 21, of Rochester, N.Y., was arrested and charged by criminal complaint with producing child pornography and conspiring with others to produce 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 raped a female child under the age of 16, while another individual filmed the incident. 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.
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 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.Buffalo Man Sentenced for Clean Air Act Violation Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Rai Johnson, 35, of Buffalo, N.Y., who was convicted of violating the Clean Air Act Asbestos Work Practice Standards, was sentenced to time served, 160 days, and two years of supervised release by District Court Judge Richard J. Arcara.
Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a supervisor at Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.
During the asbestos abatement of building A-1, Johnson, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by: (i) failing to adequately wet Regulated Asbestos during stripping and removal operations; (ii) failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers; and (iii) causing Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.This is the fifth defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Ernest Johnson, other defendants who have plead guilty include JMD project monitors Brian Scott, Evan Harnden and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.
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 Federal Bureau of Investigation; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi; 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.Buffalo Man Sentenced for Bank RobberyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Bland, 18, of Buffalo, N.Y., who was convicted of bank robbery, was sentenced to 51 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Bland robbed three M&T Banks located at 1300 Jefferson Avenue in Buffalo, 750 Main Street in Niagara Falls, and 1877 Main Street in Buffalo, between August 21, 2013 and September 4, 2013.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Buffalo Police Department, of under the direction of Commissioner Daniel Derenda, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.Buffalo Man Sentenced for Selling Counterfeit CurrencyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Novel Rogers, 26, of Buffalo, N.Y., who was convicted of selling counterfeit currency, was sentenced to time served and three months home confinement by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that during an approximately two month period in 2013, Rogers manufactured over $20,000 in counterfeit currency. The defendant then sold approximately $6,000 of the currency with the intent that it be passed as true and genuine.
The sentencing is the result of an investigation by Special Agents from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.Buffalo Man Sentenced for Clean Air Act Violation Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Ernest Johnson, 42, of Buffalo, N.Y., who was convicted of violating the Clean Air Act Asbestos Work Practice Standards, was sentenced to two years of probation by U.S. District Court Judge Richard J. Arcara.
Assistant U. S. Attorney Aaron J. Mango and Russell T. Ippolito, Jr., who handled the case, stated that the defendant was the president of Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.
During the asbestos abatement of building A-1, the defendant, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by failing to adequately wet Regulated Asbestos during stripping and removal operations and by failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers. The defendant also caused Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.
This is the fourth defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Rai Johnson, other defendants who have plead guilty include JMD project monitors Brian Scott, Evan Harnden and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.
The conviction was 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, William V. Lometti; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Rene Febles; 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.Rochester man pleads guilty in sex trafficking caseRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Marques Williams, 28, of Rochester, N.Y., pleaded guilty to sex trafficking of a minor before U.S. District Judge David G. Larimer The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated the FBI received information that the defendant advertised a fifteen-year-old female as a prostitute on the Internet classified advertising service, Backpage.com. The minor victim was interviewed by the FBI and said that between July 2011 and September 2011, she worked as a prostitute for Williams. During the plea proceeding, Williams admitted to paying and posting ads for the minor for prostitution activities on Backpage.com, knowing that the minor was under the age of 18 years.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The plea is the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief Michael Ciminelli, Special Agents with Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge and Special Agents of the Federal Bureau of Investigation.
Sentencing will be scheduled at a later date.Man Sentenced for Clean Air Act Violation Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Evan Harnden, 45, from North Tonawanda, N.Y., who was convicted of a misdemeanor charge of being an accessory after the fact to a false statement under the Clean Air Act, was sentenced to one year probation by District Court Judge Richard J. Arcara.
Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was employed by JMD Environmental, Inc. (JMD) as an air sampling technician and a project monitor, and was certified by the New York State Department of Health to conduct asbestos project monitor and air sampling duties. From June 9, 2009 to January 11, 2010, co-defendants Johnson Contracting of WNY, Inc. (Johnson Contracting), Ernest Johnson, and Rai Johnson, conducted asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex in Buffalo
As part of the plea, the defendant admitted that during the abatement for building A-1, Ernest Johnson, Rai Johnson, and workers employed by them violated the Clean Air Act asbestos work practice standards by: (i) failing to adequately wet Regulated Asbestos during stripping and removal operations; (ii) failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers; (iii) causing Regulated Asbestos to be dropped down holes cut through the floors in Building A-1; and (iv) failing timely to dispose of all Regulated Asbestos stripped and removed from building A-1. During the abatement process, the defendant aided and abetted the above-described violations by conducting visual inspections and final clearance air sampling that indicated no violations of the asbestos work practice standards had occurred.
This is the third defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Ernest and Rai Johnson, other defendants who have been convicted include JMD project monitors Brian Scott and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.
"The health dangers associated with asbestos are well known," said Vernesa Jones-Allen, Special Agent in Charge of EPA's criminal enforcement program in New York. "The defendant admitted that he falsified inspection reports, which indicated to authorities that the demolition work was performed according to regulations and that asbestos contaminated materials had been removed safely. Today's sentencing should serve notice that EPA and its partner agencies remain committed to tough enforcement of our nation's environmental laws."
The conviction was 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, William V. Lometti; Special Agents of the Federal Bureau of Investigation; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Rene Febles; 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.Buffalo Man Sentenced on Drug ChargeRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Demerius Rivera, 33, of Buffalo, N.Y., who was convicted of possession with intent to distribute marijuana, was sentenced to 18 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on June 6, 2012, officers with the Buffalo Police Department Narcotics Unit and the Lancaster Police Department SWAT Team executed a search warrant at 77 Landon Street in Buffalo. During the search, the SWAT Team encountered the defendant in a rear bedroom. Officers found 25 ounces of marijuana packaged for sale in a dresser. Upon questioning, Rivera admitted that the marijuana was his and that there were two guns “under the bed” in the bedroom. Officers recovered two shotguns under the bed, and a third shotgun in the basement.
The sentencing is the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Lancaster Police Department, under the direction of Chief Gerald Gill.Williamsville Business Owner Convicted on Multiple Charges of Tax FraudRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Carlo J. Marinello, II, 68, of Williamsville, N.Y., was convicted by a federal jury of one count of obstructing and impeding the due administration of the Internal Revenue Code, four counts of failing to file personal income tax returns, and four counts of failing to file corporate tax returns with the Internal Revenue Service. The charges carry a maximum sentence of three years in prison, a fine of $250,000 or both.
Assistant U.S. Attorneys Russell T. Ippolito, Jr. and John E. Rogowski, who handled the prosecution of the case, stated that Marinello was the manager and owner/operator of Express Courier Group/Buffalo Inc. (“Express Courier”), a corporation formed to commercially transport letters and documentation between businesses in New York and Canada. The business earned hundreds of thousands of dollars in revenues but the defendant failed to file tax returns for the company or personal tax returns for earned income.
According to the Government’s evidence, Marinello hid the income and obstructed and impeded the due administration of the Internal Revenue Code by: (1) failing to maintain corporate books and records for Express Courier; (2) failing to provide his accountant with complete and accurate information related to the defendant’s personal income and the income of Express Courier; (3) destroying, shredding and discarding business records of Express Courier; (4) cashing business checks received by Express Courier for services rendered; (5) hiding income earned by Express Courier in personal and other non-business bank accounts; (6) transferring assets to a nominee; (7) paying employees of Express Courier with cash; and (8) using business receipts and money from business accounts to pay personal expenses, including the mortgage for the residence in which the defendant resided and expenses related to care for Marinello’s mother care at a senior living center.
The defendant failed to file personal income tax and corporate tax returns for tax years 2005 through 2008.
Sentencing is scheduled for November 24, 2014 at 9:00 a.m. before Chief U.S. District Judge William M. Skretny who presided over the trial.
The verdict is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent in Charge Shantelle Kitchen.Superseding Indictment Handed Down Against a Rochester Man for Threatening to Kill the President, Governor, Lieutenant Governor, and Rochester MayorRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a seven-count superseding indictment charging Brandon Correa, 30, of Rochester, N.Y., with making multiple direct threats to kill the President of the United States, Barack Obama. The defendant is also charged with making multiple online threats to kill New York Governor Andrew Cuomo, New York Lieutenant Governor Robert Duffy, and Rochester Mayor Lovely Warren. Each count is punishable by five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, the defendant, who had previously been indicted for posting online threats to kill President Obama, Governor Cuomo, and Lieutenant Governor Duffy in June, made and posted new threats against them following his arraignment on those charges last week. Correa also made new online threats against Rochester Mayor Lovely Warren. The defendant was interviewed following the June threats and told a Secret Service Agent that the President had to “die.”
The defendant will be arraigned later this week before U.S. Magistrate Judge Marian W. Payson.
The superseding indictment is 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, Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins, and Investigators from the Rochester Police Department, Major Crimes Unit, under the direction of Chief Michael Ciminelli.
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.Moldovan Man Sentenced for in Wire Fraud ConspiracyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Iurie Stratenco, 26, a citizen of Moldova, who was convicted of wire fraud, was sentenced to eight months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution in the amount of $20,000.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant used a fraudulent passport from Denmark in the name of Christian Bendtner, to open up several bank accounts in the Buffalo area. Stratenco then placed false advertisements on eBay for “Can-Am Spyder” and “Honda Goldwing” motorcycles. The defendant directed interested buyers to wire money into one of the bank accounts opened under the name Christian Bendtner. Stratenco told victims the money would go into an eBay holding account until the merchandize was shipped. Instead, the money went directly into one of the fraudulent accounts. During the course of the scheme, the defendant transferred $17,500 of the money wired into the fraudulent accounts to an individual located in the Ukraine. As a result of Stratenco’s actions, individuals wired $49,300 to the fraudulent bank accounts.
The sentencing is the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations under the direction of James C. Spero, Special Agent in Charge.Man Sentenced for Being an Accessory After the Fact to a False Statement Under the Clean Air Act Related to Kensington Towers projectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Brian Scott, 34, of North Tonawanda, N.Y., who was convicted of a misdemeanor charge of being an accessory after the fact to a false statement under the Clean Air Act, was sentenced to one year probation by U.S. District Court Judge Richard J. Arcara.
Assistant U. S. Attorney Aaron J. Mango, who handled the case, stated that the defendant was employed by JMD Environmental, Inc. (JMD) as an air sampling technician and a project monitor, and was certified by the New York State Department of Health to conduct asbestos project monitor and air sampling duties. From June 9, 2009 to January 11, 2010, co-defendants Johnson Contracting of WNY, Inc. (Johnson Contracting), Ernest Johnson, and Rai Johnson, conducted asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex in Buffalo. During the abatement process, co-defendant Rai Johnson created daily project logs to document the progress at Kensington Towers. The logs are documents required to be maintained under the Clean Air Act.
During the abatement for building A-1 by Johnson Contracting, Rai Johnson wrote in his daily project log that all asbestos-containing floor tile had been removed from the building, when in truth, all asbestos floor tile had not been removed. Thereafter, on July 7, 2009, the defendant conducted a visual inspection of building A-1 for floor tile and issued a satisfactory visual inspection, when in truth, the defendant was aware that all asbestos-containing floor tile had not been removed. In doing so, the defendant acted as an accessory after the fact to the false statement made by the Johnson defendants.
This is the second defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Ernest and Rai Johnson, other defendants who have been convicted include JMD project monitors Evan Harnden and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.
“Our environmental laws are designed to protect not only those who live near projects like the Kensington Towers, but also those who work to remove the dangerous asbestos from such sites” said U.S Attorney Hochul. “Those who take short cuts in cleaning up environmental sites or assist in the cutting of corners will be brought to justice for the safety of not only residents but those directly involved in the cleanup.”
“To fulfill its mission of protecting human health and the environment, EPA must work with information that is accurate and truthful,” said Vernesa Jones-Allen, Special Agent in Charge of EPA’s criminal enforcement program in New York. "The health dangers associated with asbestos are well documented and authorities must be certain that contaminated materials are disposed of properly, as prescribed by law.”
The conviction was 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, William V. Lometti; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Rene Febles; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.Rochester Man Sentenced on Bank and Loan Fraud ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael C. Kaufman, of Pittsford, N.Y., who was convicted following a federal jury trial of conspiracy to commit bank and loan fraud, as well as bank and loan fraud, was sentenced to a 12 months in prison and ordered to pay restitution in the amount of $1,360,893.72 by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorneys Craig R. Gestring and Bradley E. Tyler, who handled the trial of the case, stated that between 2002 and June 2008, the defendant, and his son Richard Kaufman, directed the Controller of American Industrial Sales, d/b/a RAK Industries, to provide false financial statements to Key Bank, and to the company’s outside accounting firm. The false financial statements significantly overvalued the accounts receivable and inventory, which were the two assets that Key Bank relied upon as collateral for a total loan credit of $2,000,000.
The loan proceeds were used by the defendants to fund their personal lifestyles including expensive homes, generous salaries and country club memberships. After the defendants defaulted on the Key Bank loan in the summer of 2007, they converted to their personal use approximately $53,000 of accounts receivable proceeds that were the property of Key Bank. As a result of the fraud scheme, Key Bank suffered an immediate loss of over $1.5 million.
Richard Kaufman was also convicted at trial and sentenced to 46 months in prison.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and Postal Inspectors with the United States Postal Inspection Service under the direction of Shelly A. Binkowski, Postal Inspector in Charge, Boston Division..
Rochester Man Arrested and Charged with 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, N.Y., was arrested and charged by a criminal complaint with bank robbery. 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 that according to the complaint, 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.
The complaint further states that 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 defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and is being held without bail. Brown is due back in court on August 27, 2014 at 9:00 a.m.
The criminal complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Arrested Second Time in Two Days for Threatening to Kill the President, Governor, and Lt. GovernorRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Brandon Correa, 30, of Rochester, N.Y., was arrested on new charges of making a direct threat to kill the President of the United States, Barack Obama. The defendant is also accused of making new online threats to kill New York Governor Andrew Cuomo and New York Lieutenant Governor Robert Duffy. Each count is punishable by five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to a criminal complaint, the defendant, who was indicted on August 5, 2014 on similar charges, was on Twitter and Facebook within the last 48 hours posting new threats. Some of the new postings included photographs of President Obama, Governor Cuomo, and Lt. Governor Duffy and the text “…you three get ready to die”.
The defendant appeared before U.S. Magistrate Judge Marian W. Payson this afternoon and was detained. Correa is due back in court on August 11, 2014 at 3:00 p.m. before Judge Payson.
The complaint is 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, and Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins.
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.Federal Jury Convicts Rochester Man of Trafficking in Illegal Prescription DrugsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that James Marsh, 73, of Rochester, N.Y., was found guilty at trial before U.S. District Judge David G. Larimer, of conspiracy to possess with intent to distribute, and to distribute, oxycodone, and to acquire and obtain possession of oxycodone by misrepresentation, fraud, forgery, deception and subterfuge. The charges carry a maximum penalty of 20 years in prison and a fine of $1,000,000 or both.
“This case demonstrates one of the ways in which powerful and addictive prescription opiates enter the black market world of illegal narcotics traffickers,” said U.S. Attorney Hochul. “With the entire nation confronting the scourge of opiate abuse, this Office will continue to prosecute those who contribute to this epidemic regardless of age or status of the defendant.”
Assistant U.S. Attorneys John Field and Charles Moynihan, who handled the prosecution of the case, stated that the Government’s evidence showed that the conspiracy began in November of 2008 and continued through March of 2010. During that time frame, members of the conspiracy acquired oxycodone through the use of fraudulent prescriptions and then distributed it.
Witnesses for the Government detailed how they acquired Oxycontin tablets and provided them to the defendant. Marsh, who also used the names “Joe Black” and “Cowboy,” requested that another co-conspirator who held the position of office manager at a doctor’s office, write a prescription for sixty 80 milligram tablets of Oxycontin in exchange for a cash payment of between $340.00 and $380.00. The defendant also requested that the prescriptions be written in the names of other co-conspirators, who acted as fraudulent patients. Furthermore, Marsh would drive the fraudulent patients to the various pharmacies in the Rochester area to fill the prescriptions. The defendant then took the Oxycontin tablets from fraudulent patients and paid them $100.00.
Over 50 such prescriptions were written during the course of the conspiracy. In addition, the New York State Medicaid program was utilized by the conspirators to pay for the prescriptions.
The conviction is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration under the direction of James J. Hunt, Acting Special Agent in Charge of the New York Division, and the Office of the New York State Attorney General, Medicaid Fraud Control Unit, under the direction of Acting Director Amy Held.
Sentencing is scheduled for October 29, 2014, at 2:00 p.m. before Judge Larimer.Elma Man Sentenced on Gun ChargeRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Bernard T. Grucza, 38, of Elma, N.Y., who was convicted of possession of a firearm by a person subject to as domestic violence order of protection, was sentenced to 18 months in prison by Chief U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay $223,000 in restitution to his former employer Toys R Us.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant made false written statements to Big Daddy Guns in order to obtain a Ruger .380 caliber pistol. Between July 13, 2013 and October 16, 2013, the defendant possessed the pistol despite being the subject of a restraining order issued by Elma Town Court. In addition, Grucza made false statements to Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives that he had destroyed the pistol and thrown out the parts when in fact he had not.
The defendant stole over $200,000 worth of merchandise and cash from Toys R Us and sold the merchandise on eBay.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, the Federal Bureau of Investigation, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Hamburg Police Department, under the direction of Michael Williams..
Buffalo Man Pleads Guilty to Gun ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Alexy Diaz, 31, of Buffalo, N.Y., pleaded guilty to possession of a firearm by an armed career criminal, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of life, a fine of $250,000 or both.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on November 22, 2011, the defendant possessed a firearm at 1160 Kensington Avenue in Buffalo. Diaz was previously convicted of three violent felony or serious drug offenses in state court making him and armed career criminal.The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation’s Safe Streets Task Force.
Sentencing is scheduled for November 25, 2014 at 1:30 p.m. before Judge Arcara.17 Schuele Boys Gang Members and Associates Indicted on Drug Trafficking ChargesRead the Press Release
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has handed down an indictment charging 17 members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo, with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.
In the indictment, the Government is also seeking the forfeiture of $250,000 in United States currency, money believed to be the proceeds of drug trafficking activities, as well as firearms and ammunition.
Named in the indictment are:
• Antwan Garner, 29, Buffalo
• Aaron Glenn, 41, North Tonawanda
• Jerome Grant, 33, Buffalo
• James Hicks, 44, Buffalo
• Xavier Hill, 42, Buffalo
• Demetrius Holmes, 23, Buffalo
• Damario James, 32, Buffalo
• Fred Johnson, 21, Buffalo
• Ikeem Lyons, 21, Buffalo
• Benjamin Peoples, 25, Buffalo
• Demario Robbins, 23, Buffalo
• Michael Robertson, 24, Buffalo
• Spencer Rogers, 50, Buffalo
• Antwon Steward, 31, Buffalo
• Shawntorrian Travis, 34, Buffalo
• Andre Wise, 36, Buffalo
• Marcel Worthy, 30, BuffaloAssistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the original complaint that was filed in the case, the investigation utilized wire and electronic communications, confidential sources, controlled purchases of narcotics, and physical and video surveillance, to identify conspirators associated with the Schuele Boys Gang distribution network. The complaint further states that in addition to buying and selling illegal narcotics, the defendants were also involved in committing acts of violence including shootings.
The members and associates are alleged to have attempted to thwart law detection by law enforcement officers through the frequent changing of cellular telephones. The defendants also are alleged to have used other counter-surveillance techniques, including utilizing and frequently changing rental vehicles, employing evasive driving techniques, and speaking in coded language.
The indictment is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
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 Indicted for Threatening to Kill the President, Governor, and Lieutenant GovernorRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Brandon Correa, 30, of Rochester, N.Y., with making a direct threat to kill the President of the United States, Barack Obama. The defendant is also accused of making online threats to kill New York Governor Andrew Cuomo and New York Lieutenant Governor Robert Duffy. Each count is punishable by five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, the defendant posted online threats to kill President Obama. Correa also posted threats to kill Governor Cuomo and Lieutenant Governor Duffy. The defendant was interviewed shortly after posting the threats to kill the President and told a Secret Service Agent that the President was “evil” and that he had to “die”.
The defendant was arraigned before U.S. Magistrate Judge Jonathan W. Feldman this afternoon. Correa was released and is due back in court on August 8, 2014 at 2:00 p.m. before U.S. Magistrate Judge Marian W. Payson.
The Indictment is 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, and Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins.
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.Henrietta Couple Indicted on Turbotax SchemeRead the Press Release
ROCHESTER , N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in has returned an indictment charging Humayun Farid, (a/k/a Jimmy Farid), 35, and Aysha Humayun, (a/k/a Aysha Hussain), 33, of Henrietta, N.Y., with conspiracy to commit mail fraud, mail fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the indictment, the defendants conspired to defraud Intuit, Inc., the manufacturer of TurboTax and Quicken software products. As part of the scheme, the defendants contacted Intuit, claimed that software discs they purchased were lost, stolen or damaged, and requested free replacement discs. Intuit then mailed the free replacement discs to the defendants at addresses in Henrietta and Maryland. Farid and Humayun then advertised and sold the discs on eBay.com to buyers around the country, and kept the proceeds for their own profit. Between November 2009 and June 2011, the defendants are alleged to have falsely and fraudulently obtained thousands of copies of software to which they were not entitled and were not authorized to sell.
The Indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Inspectors of the United States Postal Inspection Service, under the direction of Inspector Shelly Binkowski, and Special Agents of the Internal Revenue Service – Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle Kitchen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Former Buffalo Police Officer Pleads Guilty to Operating a Large Scale Marijuana Grow OperationRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jorge Melendez, 42, of Buffalo, N.Y., pleaded guilty to conspiracy to manufacture more than 100 marijuana plants. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 40, a fine of $5,000,000 or both.
The plea is the culmination of an investigation on the part of Investigators of the New York State Police, under the direction of Major Michael Cerretto, the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division, Special Agents of the Federal Bureau of Investigation, and the Buffalo Police Department under the direction of Commission Daniel Derenda.
“This defendant - while on duty - violated both his oath and the law by participating in a drug operation." Regrettably, this is the second police officer to be convicted of or sentenced for such conduct in the past several weeks. While the vast majority of Officers deserve our highest praise for keeping us safe each and every day, cases such as this send a strong message to all that any abuse of the badge will be vigorously prosecuted.”
Assistant U.S. Attorney Eric M. Opanga, who is handling the case, stated that on May 31, 2012, Melendez, along with co-defendants Jason Elardo and Robert Osika, were arrested after a long term investigation into a large scale marijuana grow operation at three locations. Specifically, Melendez and Elardo maintained a marijuana grow operation at a warehouse located at 2157 South Park Ave. in Buffalo. During the course of an investigation into the cultivation and distribution of marijuana, law enforcement officers installed hidden surveillance equipment on the second floor of the South Park Ave. warehouse where a grow operation was located. A review of surveillance video showed Melendez and Elardo tending to over 100 marijuana plants.
Prior to installing cameras inside the warehouse, officers monitored the outside of the building, also using surveillance cameras. Melendez was observed arriving in a Buffalo Police patrol car, while on duty, and entering and exiting the location. The defendant worked in the Buffalo Police Department's "D" District, however the warehouse is located in the "A" District.
The outside surveillance cameras also observed Elardo entering the warehouse on a daily basis to tend to the marijuana grow operation. In addition, officers obtained credit card information indicating that Elardo purchased equipment used to sustain an indoor, hydroponic marijuana grow operation. The equipment included a dehumidifier and filters.
At one point during the investigation, officers observed a police badge and credentials belonging to Melendez inside the warehouse. Melendez claimed to have previously lost the badge and identification.
On May 31, 2012, two additional locations were found to contain grow operations. A warehouse located at 1372 Clinton Street in Buffalo and a residence located at 76 West Woodside, both owned by Jason and third co-defendant Gale Elardo, were found to contain a marijuana grow operation. The residence also was found to contain marijuana packaged for sale and two firearms.
Defendants Osika and Gale Elardo have been convicted and are awaiting sentenced. Jason Elardo is deceased.
Rochester Man Charged in Sex Trafficking CaseRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Harris Hickman, 31, of Rochester, N.Y., was arrested and charged by criminal complaint with sex trafficking of a minor and sex trafficking using force fraud or coercion. Sex trafficking of a minor carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a fine of $250,000. Sex trafficking using force, fraud or coercion carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of life and a fine of $250,000.
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.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, a woman reported that Hickman had used force to coerce her to engage in prostitution activities. In addition, Hickman posted advertisements for the prostitution using Backpage.com. The woman also reported that the defendant got a fifteen year old minor involved in prostitution using Backpage.com as well.
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.
Barker Man Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Richard Dwyer, 28, of Barker, N.Y., 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.
According to Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, the defendant, along with his wife Erin Dwyer and David Jackson, conspired to import the synthetic narcotics from China using the Internet. The packages were then delivered to the defendant via the United States Postal Service.
Charges against Erin Dwyer and David Jackson are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the 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 Acting Special Agent in Charge Shelly Binkowski,
Sentencing is scheduled for November 13, 2014 at 1:00 p.m. before Judge Arcara.Georgia Man Sentenced on Wire Fraud ChargeRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that George Eric Brumfield, 48, of Atlanta, Georgia, who was convicted of conspiring to commit wire fraud, was sentenced to six months in prison to be followed by six months of home detention by U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution of approximately $190,000.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Brumfield worked for Kenneth Griffin in Rochester at Cambridge Personnel in 2007 and 2008. While working there, the defendant agreed to participate in a scheme to defraud factoring companies. Factoring is a transaction in which a financing company agrees to purchase the accounts receivable of another company, in this case Cambridge Personnel. The fraud involved the sale of fake accounts receivable, and Brumfield agreed to participate in the fraud by having third parties that he knew “verify” the validity of the fake accounts receivable.
Kenneth Griffin, the owner of Cambridge Personnel and leader of the fraud, was previously sentenced to 46 months for his role in the matter.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent in Charge Shantelle Kitchen, and the Federal Bureau of Investigation.Superseding Indictment Handed Down in Sex Trafficking and Transportation CaseRead the Press Release
ROCHESTER, N.Y.— U.S. Attorney William J. Hochul, Jr., announced today that a federal grand jury in Rochester, NY has returned a six-count superseding indictment charging Jodia Campbell, 32, Laree Greggs, 37, and Jennifer Miller, 26, all of Rochester, N.Y., with various felonies including conspiracy to commit sex trafficking of a minor, sex trafficking of a minor, transportation of a minor across state lines with intent that the minor engage in prostitution, and transportation of an individual across state lines with intent that the individual engage in prostitution. Conspiracy to commit sex trafficking of a minor carries a maximum penalty of life in prison and a fine of $250,000. Sex trafficking of a minor and transportation of a minor across state lines each carries a mandatory minimum penalty of 10 years in prison and a maximum of life and a fine of $250,000. Transportation of an individual across state lines carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, in April 2013, Rochester Police began investigating the alleged prostitution of a 16 year old female from Rochester using the name “Cherry Red” on Backpage.com in Pennsylvania. The 16-year-old alleged that she was recruited by a woman named Jennifer Miller and taken to New Jersey and Pennsylvania to engage in prostitution by Jodia Campbell along with Jennifer Miller and Laree Greggs. Other individuals also alleged having been transported by Greggs, Miller and Campbell at various times, out of state, to prostitute. Investigators reviewed backpage.com ads and found contact information associated with Miller, Campbell and Greggs.
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 indictment is the culmination of an investigation on the part of the FBI's Cyber Task Force, which includes the Rochester Police Department under the direction of Chief Michael Ciminelli, the Monroe County Sheriff’s Office under the direction of Chief Patrick O’Flynn and Special Agents of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Men Indicted for Wire Fraud and Theft of United States MailRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an Indictment charging Igor Kasap, 34, and Arkadiy Kasap, 29, both of Rochester, N.Y., with conspiracy to commit wire fraud and wire fraud. The charges carry and maximum penalty of 20 years in prison and a $250,000 fine. Igor Kasap is also charged with obstruction of correspondence and theft of United States mail, both of which are punishable by five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, the defendants placed online advertisements for stolen items on eBay. In one particular case, they tried to sell a stolen pallet of Exxon-Mobil jet engine oil. During the investigation of that incident, law enforcement found over 52,000 pieces of undelivered mail in the defendant’s Gates Warehouse, several thousand of which had been opened.
The defendants will be arraigned before U.S. Magistrate Judge Jonathan W. Feldman on July 31, 2014 at 9:00 a.m. in Rochester.
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 culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Inspectors with the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski, and Officers and Investigators of the Gates Police Department, under the direction of Chief James VanBrederodeJamaican Man Sentenced for Witness TamperingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Junior Nathanial Ricketts, a native of Jamaica, who was convicted of tampering with a witness in order to prevent the witness from testifying against him at trial, was sentenced to time served (three years, 11 months) by Chief U.S. District Judge William M. Skretny.
“As has been said many times before, law enforcement does not tolerate any attempt to subvert the criminal justice system,” said U.S. Attorney Hochul.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in July 2010, Ricketts, who was facing trial on other federal charges, sent a letter to a witness who was scheduled to testify at his trial. In the letter, the defendant accused the witness of lying about the witness’ identity. Ricketts also threatened that if the witness testified against him in court, the defendant would make sure the witness and the witness’ family went to jail.
The sentencing is the culmination of an investigation on the part of Officers with Immigration and Customs Enforcement, Office of Enforcement and Removal Operations under the direction of Field Office Director Michael T. Phillips.Former Letter Carrier Sentenced for Illegally Destroying MailRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Daniel Brautlacht, 20, of Cheektowaga, N.Y., who was convicted of delay or destruction of mail, was sentenced to time served by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney, Russell T. Ippolito, Jr., who handled the case, stated that the defendant started working for the United States Postal Service (“USPS”) as a city carrier assistant on March 9, 2013. In this position, Brautlacht was responsible for delivering letters, postal cards, packages, bags or mail on behalf of the USPS.
The sentencing is the culmination of an investigation on the part of the U.S. Postal Service, Office of Inspector General, Eastern Area Field Office, under the direction of Special Agent in Charge Monica Weyler.
On March 21, 2013, while delivering mail on Davey Street in the City of Buffalo, the defendant unlawfully secreted and destroyed 31 pieces of mail, including nine pieces of First Class mail. A neighbor on Brautlacht’s route observed the defendant discard the mail into a garbage receptacle. According to admissions made by Brautlacht, the mail had become jumbled and disorganized. Rather than re-ordering the mail, the defendant discarded it. Brautlacht committed these acts less than two weeks after starting work at the USPS.Former Buffalo Police Officer Sentenced for Mail FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that former Buffalo Police Officer Johnnie Fritz, 49, of Buffalo, N.Y., who was convicted of mail fraud, was sentenced to 10 months home confinement by Chief U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay restitution in the amount of $6,400 to victims.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the prosecution, stated that between April 20, 2009, and June 9, 2009, Fritz conspired with another individual to defraud State Farm Automobile Insurance Company (“State Farm”) by inflating a claim for automobile insurance policy proceeds. The defendant assisted the co-conspirator in making a claim with State Farm following the theft of the co-conspirator’s automobile, a 2003 Cadillac CTS. The claim included two fraudulent receipts. One of the receipts falsely indicated that new tire rims had been added to the vehicle and the other receipt falsely indicated that a new muffler had recently been installed on the vehicle. The two false receipts inflated the value of the vehicle by more than $3,000.
Fritz made three other unrelated false claims for automobile insurance policy proceeds involving three other vehicles.
In addition to the false claims for insurance, the defendant also abused his position as a police officer with the City of Buffalo Police Department. In October 2009, Fritz unlawfully opened a New York State Department of Motor Vehicles (“DMV”) account that enabled him to search DMV databases at no charge. Only law enforcement officials could open a DMV no-fee account like the one opened by Fritz.
The defendant was previously convicted in Buffalo City Court on June 9, 2011, for Attempted Grand Larceny in the 4th Degree, a misdemeanor, and failure to keep records under the New York State Tax Law, a misdemeanor, for his failure to pay State of New York sales tax receipts related to his automobile dealership.
The sentencing is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, NYS Department of Motor Vehicles, under the direction of Director Barbara Fiala, NYS Department of Taxation and Finance, Criminal Investigations Division, under the direction of Commissioner Thomas Mattox, the NYS Department of Financial Services, under the direction of Superintendent Benjamin Lawsky, Criminal Investigations Division, and the Federal Bureau of Investigation.Jamaican Native Sentenced for Passport FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Christopher Brown, 30, a native of Jamaica, who was convicted of making a false statement in connection with an application for a United States Passport, was sentenced to a time-served (six months) by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in March 2012, Brown submitted an application for a U.S. Passport with the United States Department of State. On the application, the defendant falsely claimed that his name was Torey Khalif Murray and that he was born in Brooklyn, New York. In fact, the investigation revealed that his real name was Christopher Brown and that he had been born in Jamaica.
The sentencing is the culmination of an investigation on the part of United States Department of State, Diplomatic Security Service, under the direction of Buffalo, New York Resident Agent in Charge William P. Ferrari.Buffalo Man Pleads Guilty to Tax ChargesRead the Press Release
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Maung No, 25, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to preparation of false tax returns. The charge carries a maximum penalty of six years in prison, a fine of $100,000, or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant was employed as a tax return preparer for VPS Income Tax in 2011 and BTC Income Tax in 2012. The fee charged for an income tax preparation was 10% of a client’s refund amount plus bank fees.In 2012, No prepared a 2011 tax year return for clients and claimed an Education Credit of $1,358, an American Opportunity Credit of $2,000 and a Federal Fuel Tax Credit of $183 without their knowledge. The defendant knew that the credits were false and that the clients were not entitled to claim such credits nor had the clients provided any such claim for the credits. As a result of No’s conduct, the clients received a larger federal income tax refund than they were entitled which resulted in a larger fee for BTC Income Tax. The total loss to the Internal Revenue Service was $3,543.
Between 2011 and 2012, No filed similar returns for 1,138 clients which resulted in losses to the IRS totaling $2,332,122.
The plea is the culmination of an investigation by Internal Revenue Service Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.
Sentencing is scheduled for November 4, 2014 at 12:30 p.m. before Judge Arcara.Rochester Man Sentenced on Bank Robbery ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Robert Stevenson, 59, of Rochester, N.Y., who was convicted of bank robbery, was sentenced to 132 months in prison by U.S. District Court Judge Richard J. Arcara.
The defendant was also ordered to pay $16,425 in restitution.According to Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, on June 11, 2012, the defendant entered the First Niagara Bank at 2853 Delaware Avenue, in Kenmore, N.Y., approached a teller station and handed the teller a note which stated, “100.00 and 50.00.” Stevenson then tapped on his waistband and made a noise and gesture suggesting that he had a weapon under his shirt.
In addition to the First Niagara Bank robbery, the defendant also committed the following robberies:
• April 25, 2012, Citizens Bank, 2250 Hudson Avenue, Irondequoit, N.Y.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Irondequoit Police Department, under the direction of Chief Richard Tantalo, the Syracuse Police Department, under the direction of Chief Frank Fowler, the Utica Police Department, under the direction of Chief Mark Williams, the New Hartford Police Department, under the direction of Chief Michael Inserra, the Kenmore Police Department, under the direction of Chief Peter Breitnauer, the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss, Jr., and the Albany Office of the Federal bureau of Investigation, under the direction of Special Agent in Charge Andrew Vale.
• May 11, 2012, HSBC Bank, 333 West Washington, Syracuse, N.Y.
• August 20, 2012, Adirondack Bank, 185 Genesee Street, Utica, N.Y.
• October 3, 2012, Bank of America, 50 Genesee Street, New Hartford, N.Y.
• November 5, 2012, Northwest Savings Bank, 210 W. Main Street, Falconer, N.Y.Queens Man Sentenced for Possession of Counterfeit $100 BillsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that O’Neal Walker, 33, of Queens, N.Y., who was convicted of possession of counterfeit bank notes, was sentenced to 18 months in prison by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to pay $44,700 in restitution.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that on September 22, 2013, New York State Troopers stopped a vehicle driven by the defendant on Interstate 390 in the town of Wayland in Steuben County. Walker was driving 102 mph in a 65 mph zone and had no valid driver’s license. Following the defendant’s arrest, troopers located $8,700 in $100 bank notes inside the car along with a financial ledger book. Inside the ledger were columns which showed dollar amounts and abbreviations for retail locations. The New York State Police contacted the United States Secret Service for investigative assistance.
The sentencing is 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, and Investigators and Troopers of the New York State Police, under the direction of Major Scott Crosier.
Secret Service Agents determined that 87 of the $100 bills recovered were actually sophisticated counterfeit bills, complete with water marks, color shifting ink, and embedded security strips. They further determined that the ledger notations were references to Home Depot, Lowes, Target, and Wal-Mart stores. As part of the investigation, Secret Service Agents reviewed store surveillance video from the dates and times of the transactions listed in the ledger. The defendant was identified on video at several area stores passing counterfeit $100 bank notes. Subsequent investigation determined that Walker had passed an additional $14,100 in counterfeit $100 bank notes within the Western District of New York. At the time the defendant passed the counterfeit bills here, he was on pre-trial release for similar conduct in the State of Ohio.
As part of the investigation, Secret Service Agents learned that Walker was also identified passing counterfeit $100 bank notes in several other states. Specifically, the defendant was identified passing $2,000 in counterfeit $100 bank notes in Ohio; $600 in counterfeit $100 bank notes in Massachusetts; $13,500 in counterfeit $100 bank notes in Syracuse, within the Northern District of New York; $19,700 in counterfeit $100 bank notes in Michigan; and $6,800 in counterfeit $100 bank notes in Arkansas. The total loss due to Walker’s actions was $65,300.