Western District of New York
Press releases recorded for this federal judicial district.
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, Richard 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 46 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 father Michael C. 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.
Michael Kaufman was also convicted at trial and is awaiting sentencing.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The conviction was 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.Buffalo Man Pleads Guilty to Bank Fraud ChargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Antwan Green, 32, of Buffalo, N.Y., pleaded guilty to conspiracy to commit bank fraud before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum sentence of 30 years in prison, a fine of $1,000,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that the defendant was part of a conspiracy to defraud local area banks by participating in a “Check Kiting” scheme. Green, and others, opened bank accounts and deposited large checks to the accounts. The deposited checks were written on accounts that had insufficient funds or on accounts that had been closed. Before the banks determined that the checks were not supported by any funds, the defendant and others withdrew smaller amounts from the accounts. Green actually made away with $35,547.93, but the amount of the intended loss was more than $367,000.
All five defendants in this case have been convicted.
The plea is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
Sentencing will be scheduled at a later date bfore Chief U.S. District Judge William M. Skretny.Rochester Woman Pleads Guilty to Social Security FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ethel Whitaker (a/k/a Ethel Gainey), 73, of Rochester, N.Y., pleaded guilty before U.S. District Judge Elizabeth A. Wolford, to theft of government funds. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that the defendant obtained social security numbers in the names of both “Ethel Whitaker” and “Ethel Gainey.” Whitaker then used both social security numbers to apply for and receive social security program benefits, including Supplemental Security Income, Survivor Insurance and Retirement Insurance. As a result of her conduct, between January 1997 and April 2011, the defendant received social security benefits in the amount of $119,675, to which she was not entitled.
The plea is the culmination of an investigation on the part of Special Agents of the Social Security Administration – Office of the Inspector General, under the direction of Edward J. Ryan.
Sentencing is scheduled for October 9th, at 4:00 p.m. before Judge Wolford.Probationary Buffalo Police Officer Sentenced for Growing and Selling MarijuanaRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hamilton, Sr., 29, of Buffalo, N.Y., who was convicted of distribution of marijuana, was sentenced to 18 months in prison by Chief U.S. District Judge William M. Skretny.
“A uniform is only as good as the person who wears it,” said U.S. Attorney Hochul. “While the vast majority of police officers are role models for us all, this Office will not hesitate to act where, as here, a member of law enforcement violates his oath and breaks the law.”
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 20, 2013, Hamilton, a probationary Buffalo Police Officer, sold a half pound of marijuana to a confidential source working with the Drug Enforcement Administration and the Erie County Sheriff’s Department. At the time of the sale, the defendant possessed his Buffalo Police issued .40 caliber Glock handgun.
Following the sale, the defendant was arrested and a search warrant was executed at his residence at 165 Floss Avenue in Buffalo. During the search, officers seized approximately 80 marijuana plants, three to four pounds of processed marijuana and a shotgun.
As a result, the defendant no longer works for the Buffalo Police Department.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.17 Schuele Boys Gang Members and Associates Charged with Drug TraffickingRead the Press Release
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that 17 members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine. The defendants are also charged with unlawful use of a communication facility in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.
“At a time when the entire region is experiencing a rebirth of hope and positive change, there are those who would harm the community through narcotics trafficking and acts of violence,” said U.S. Attorney Hochul. “As today’s operation demonstrates, law enforcement stands ready and able to identify and remove these threats to the public.”
Charged in the complaint 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
• Damario 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 a complaint, during the summer of 2010, the Schuele Boys Gang, including defendant Marcel Worthy who is the alleged leader of the gang, were the targets of a mass shooting at the City Grill in downtown Buffalo. During the shooting, eight people were shot, four fatally. At the time, law enforcement officers believed that Marcel Worthy was a kilogram quantity cocaine trafficker.
The ensuing 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 criminal complaint 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 Pleads Guilty to Online Enticement of a MinorRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Matthew D. King, 31, of Rochester, N.Y., pleaded guilty to online enticement of a minor before U.S. District Court Judge Frank P. Geraci. The charge carries a maximum penalty of life in prison with a mandatory minimum period of 120 months 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 2012, the defendant was employed as a Youth Care Professional at the Hillside Children’s Center (HCC), a provider of care for youth and families with a wide range of emotional, behavioral, or life-circumstance challenges. In this role, King had direct supervisory responsibility over at risk youth, including the victim who was a 15 year old child.
Between February and August 2012, the defendant came into contact with the child on a regular basis and would frequently discuss sexual topics with the victim. King eventually asked the child to engage in sexual activity, and in fact did engage in sexual activity with the child on several occasions at or around HCC. In August of 2012, the victim reported this activity to HCC staff after King was reassigned as his supervisor. HCC immediately notified the New York State Police who conducted an investigation.
The investigation revealed that the defendant and the child engaged in sexual conduct on multiple occasions. Investigators also learned that on July 23, 2012, King contacted the child over the internet using an online social networking site, to arrange a sexual meeting with the child later that day. The defendant used this online contact to entice the child to engage in sexual conduct, which then took place. State Police contacted Homeland Security Investigations for assistance.
Following the State Police investigation, the defendant was charged with and pled guilty to five counts of Criminal Sexual Act, 3rd Degree (Felony) and two counts of Endangering the Welfare of a Minor (misdemeanor) in State Court related to his contact with the child.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Investigators with the New York State Police, under the direction of Major Scott Crosier, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is set for October, 23, 2014 at 9:30 a.m. before Judge Geraci.Rochester Man Arrested; Charged with Falsely Claiming United States CitizenshipRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eugene Louis Thompson, 47, of Rochester, N.Y., was arrested and charged by criminal complaint with making a false written statement to the United States and falsely claiming to be a United States Citizen. The false statement charge carries a sentence of up to five years in prison, while the false claim to United States Citizenship carries a sentence of up to three years in prison. Both are also punishable by a fine of up to $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendant applied for employment with a federal contractor to work in a federal building in the Rochester area. During the application process, Thompson, a citizen and national of Liberia who is unlawfully present in the United States, made false statements on his background paperwork, including falsely claiming to be a United States Citizen.
The defendant made an initial appearance today before U.S. District Court Judge Frank P. Geraci. Thompson was detained, and is due back in court on July 28, 2014 before Magistrate Jonathan W. Feldman.
The criminal complaint 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 fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.10th Street Associate Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Chazity Fluellen, 27, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to maintaining a drug involved premises. The charge carries a maximum penalty of 20 years in prison, a fine of $500,000, or both.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant and co-defendant, 10th Street Gang member Desmond Ford, used and maintained the premises at 23 10th Street in Buffalo for the purpose of storing and distributing cocaine and crack cocaine. During a search of the property on June 18, 2010, officers recovered quantities of cocaine and crack cocaine, packaging material, a scale, and cellular phones.
Fluellen is one of 40 members or associates of the 10th Street Gang who have been convicted as a part of this federal investigation. As a part of the plea, the defendant will forfeit the residence at 23 10th Street to federal authorities.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.
Sentencing is scheduled for October 27, 2014 at 1:00 p.m. before Judge Arcara.Three Individuals Charged with Stealing and Illegally Selling GunsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Douglas Church, Zachary Smith, and Brianna Lowe, all of Elmira, N.Y., have been arrested and charged by criminal complaint with conspiring to deal firearms without a license and possession of stolen firearms. In addition, defendants Church and Smith are charged with dealing firearms without a license. The conspiracy charge carries a penalty of five years in prison and a $250,000 fine. Possession of stolen firearms and dealing firearms without a license carry a penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on October 16, 2013 at approximately 3:05 a.m., the owner of “Scott’s Guns” on Watkins Drive in Horseheads, N.Y. received a telephone call from his security alarm company. The owner alerted police and then went to the store. Upon entering the store, the owner realized he had been burglarized. The owner determined that 49 handguns of various makes and models had been stolen.
As part of their investigation, law enforcement officers reviewed footage from a security camera inside the store which revealed two individuals inside the store during regular business hours the day before, October 15, 2013. Officers recognized the two individuals to be Zachary Smith and Douglas Church. The complaint further states that additional investigation revealed that Church and Zachary Smith burglarized the store by having Church climb through a hole in the wall of the building, with Church handing the weapons to Smith. The two men left the guns in backpacks in a swamp behind the building the night of the burglary, with Smith and his girlfriend, Brianna Lowe, retrieving the guns the following day. Investigation also revealed that many of the guns were sold within a week and a half of the burglary in exchange for money.
The defendants made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman. Church and Smith are being held pending a detention hearing on July 28. Lowe was released on conditions.
The Criminal Complaint is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Office, the Horseheads Police Department, under the direction of Acting Chief Scott Zelko, The New York State Police, under the direction of Major Scott Crosier, the Chemung County Sheriff’s Department, under the direction of Christopher Moss, the Elmira Police Department, under the direction of Chief Michael Robertson, the Elmira Heights Police Department, under the direction of Chief A. Rich Churches, and the West Elmira Police Department, under the direction of Chief Peter Michalko.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Attorney General Eric Holder visits BuffaloRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced that United States Attorney General Eric Holder visited the Buffalo Office of the Western District of New York today.
Attorney General Holder, U.S. Attorney Hochul and staff discussed a number of issues important to the safety of the Western New York community. Topics included the Office’s successful efforts in prosecuting violent crime, public corruption, national security, human trafficking, and financial crime. Regarding the Office’s civil programs, the Attorney General and staff also reviewed last year’s record financial collections of $94.2 million.
Mr. Holder also met with the entire staff of both the Buffalo and Rochester Offices. He told the 100 prosecutors and support staff members gathered “I’ve got great faith in your abilities,” and that the Office is known for its exemplary work.
U.S. Attorney Hochul stated “It was an honor to host the Attorney General of the United States and share with him the results of the hard work of our staff.” Hochul further commended the efforts of the Attorney General to fight for the tools and funding needed to continue the fight against all crime occurring in the 17 counties of Western New York.Three Individuals Charged in Credit Card Fraud SchemeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ricky Butler, Catherine Jarrett and Randy Jarrett have been charged by Criminal Complaint with conspiracy to commit access device fraud and conspiracy to commit bank fraud. The charges carry a maximum penalty of 30 years in prison, a fine of $1,000,000, or both. In addition, Ricky Butler is charged with aggravated identity theft, which carries a mandatory two year consecutive sentence.
Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that according to the complaint, between July 2013 and February 2014, Butler, Catherine Jarett, Randy Jarrett, and others conspired to execute a scheme which involved taking control of legitimate credit card accounts. Without the true account holder’s knowledge or authority, the defendants obtained new or replacement credit cards which were then used to make unauthorized purchases at Wal-Mart stores and other retail establishments in New York and Pennsylvania.
The purchases, which were mostly store gift cards in large dollar amounts, were made by women who had been solicited by Butler and others to travel with Butler and use the fraudulently obtained credit cards. Three of those women - Danielle Hamilton, Tiara Baker and Tamika Favors - have already been charged with access device fraud in connection with their use of such unauthorized cards. According to the complaint, the scheme involved 95 credit card accounts at five financial institutions which were used to conduct over 1,000 fraudulent transactions totaling over $850,000 in actual losses. In addition, close to 200 fraudulent transactions, totaling approximately $193,000, were attempted, but ultimately declined.
The Criminal Complaint is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Acting Special Agent in Charge Shelly Binkowski, and the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
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.Queens Woman Pleads Guilty to Possession of Counterfeit $100 BillsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michele Sergeant, 31, of Queens, N.Y., pleaded guilty to possession of counterfeit bank notes before U.S. District Court Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that on September 22, 2013, New York State Troopers stopped the defendant in a vehicle on Interstate 390 in the town of Wayland in Steuben County. The car was traveling at 102 mph in a 65 mph zone. During a search, troopers found marijuana in the car and the defendant and her co-defendant were arrested. Following their 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.
Secret Service Agents determined that the 87 $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, and a co-defendant, were identified on video surveillance from several area stores passing counterfeit $100 bank notes. Subsequent investigation determined that Sergeant 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, she was on release for similar conduct in the State of Massachusetts.
As part of the investigation, Secret Service Agents learned that Sergeant and her co-defendant, O’neal Walker, were also identified passing counterfeit $100 bank notes in several other states. Specifically, they passed $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 Sergeant’s actions was $65,300.The guilty plea 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.
Sentencing is scheduled for October 15, 2014 at 3:30 p.m. before Judge Geraci.Jamestown Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Victor Anguiera, 31, of Celeron, N.Y., who was convicted of conspiracy to possess with intent to distribute one kilogram or more of heroin and possession of a firearm in relation to drug trafficking activities, was sentenced to 180 months in prison by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to forfeit $100,000 in proceeds from drug trafficking activities.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on March 17, 2011, based on information obtained through a wiretap investigation, the defendant was arrested in Celeron, N.Y. by Chautauqua County Sheriff’s Department deputies. At the time of his arrest, deputies seized approximately a ½ kilogram of heroin and two firearms. During a subsequent search of several locations, deputies also seized additional quantities of heroin, cocaine, firearms, vehicles and approximately $300,000 in United States currency.
Anguiera and seven others were arrested in this heroin trafficking investigation. All defendants have been convicted. Anguiera was the target of the wiretap investigation.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division, the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Sheriff Joseph Gerace, and the Jamestown Police Department, under the direction of Harry Snellings.Bulgarian Man Pleads Guilty to Conspiring to use Counterfeit Access DevicesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Petar Petrov, 42, a citizen of Bulgaria who resides Mississauga, Ontario, Canada, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to possess and use counterfeit access devices with intent to defraud. The charge carries a maximum penalty of five years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant was arrested on September 2, 2013, as he entered the United States from Canada at the Lewiston Bridge. A Customs and Border Patrol officer found ten counterfeit access devices in Petrov’s car. The devices were gift cards which had been altered by having legitimate credit card numbers imbedded in the magnetic strips on the back of the cards. Agents determined that all 10 cards were counterfeit. The defendant and a co-conspirator placed “skimming devices” on ATMs in Canada to obtain account information.
The scheme also involved the use of a surreptitiously placed camera to record the personal identification numbers (PINS) used by customers to transact business on the ATM’s. The account information was then placed on the magnetic strips of various gift cards, creating counterfeit access devices. Petrov also used several counterfeit access devices in the Buffalo area between July and September 2013 to withdraw money from various bank accounts in Canadian Banks. The Royal Bank of Canada and the Imperial Bank of Canada suffered losses totaling over $80,000.
“The facts of this case - including the defendant placing a camera near an ATM to record a victim’s identification information – reminds us of the lengths criminals go to steal,” said U.S. Attorney Hochul. “It also should serve as a reminder to the public to use caution anytime an account or credit card is utilized. Helpful information to protect one’s identity and finances can be found at www.stopfraud.gov.”
Co-conspirator Evgeniy Bandarmiliev is also charged with conspiracy to possess and use counterfeit access devices with intent to defraud. 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 will be scheduled by, and take place before, Chief United States District Court Judge William M. Skretny.
The plea is the culmination of an investigation on the part of Special Agents of the Immigration and Customs Enforcement, Homeland Security, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Travis Birdsong, 35, of Buffalo, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie J. Foschio, to possession with intent to distribute 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40, a $5,000,000 fine or both.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on June 5, 2013, Special Agents with the Drug Enforcement Administration searched a vehicle that the defendant was in and seized a quantity of crack cocaine. Also on June 5, law enforcement officers searched the defendant’s residence and seized a quantity of cocaine and scales and packaging materials. In addition, a confidential informant purchased cocaine from Birdsong on two separate occasions.
Sentencing will be scheduled at a later date.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division.10th Street Gang Member Pleads Guilty to RacketeeringRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Derrick Yancey, 27, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy). The charge carries a maximum penalty of life in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that from 2005 through 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Yancey admitted driving fellow 10th Street Gang members to shoot rival 7th Street Gang members. Specifically, on September 15, 2008, the defendant drove armed 10th Street Gang members to shoot rival 7th Street Gang members, who were standing outside on Busti Avenue in Buffalo. While Yancey drove the car, his 10th Street Gang accomplices shot and killed Omar Fraticello-Lugo, and injured two others. The defendant then drove the shooters from the scene. Brandon Bobbitt was also convicted for his role in the murder of Omar Fraticello-Lugo.
Derrick Yancey is the 39th 10th Street Gang member or associate convicted as a result of this investigation which began in 2009.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the New York State Police, under the direction of Major Michael Cerretto.
Sentencing is scheduled for October 22, 2014 at 1:30 p.m. before Judge Arcara.
Rochester Man Sentenced for Drug TraffickingRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Reggie Bullock, 40, of Rochester, N.Y., who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to 108 months prison by U.S. District Judge Frank P. Geraci, Jr. The sentenced was imposed concurrently to the remainder of a 36-month sentence the defendant is serving for a violation of state parole.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on September 26, 2012, officers of the New York State Division of Parole and Rochester Police Department arrived at 119 Bradburn Street in Rochester execute a search warrant at Bullock’s residence. The defendant, who was stopped and searched as he departed the location, had approximately $3,220 in U.S. currency and approximately 31 grams of crack cocaine packaged in 17 individual bags for street sale in his possession. During the search of the residence, officers discovered digital scales, baggies and other drug processing paraphernalia, and $54,600 in U.S. currency inside a safe hidden within a stereo speaker. A .45 auto caliber semi-automatic rifle and over three dozen rounds of ammunition was also seized from an unregistered vehicle in the driveway at the residence. The firearm had been placed in the vehicle by Bullock’s cousin Liddon Young. Liddon Young was recently sentenced to 15 years in prison on federal gun trafficking charges for transporting firearms from the state of Georgia and distributing them to felons and criminals in Rochester. The cash has been forfeited by the Drug Enforcement Administration as drug money, and forfeiture of the firearm and ammunition were ordered as part of Bullock’s sentence.
The sentencing is the culmination of an investigation on the part of the New York State Division of Parole, under the direction of Anthony J. Annucci, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Office.Sherman Man Pleads Guilty to Illegally Selling LivestockRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Timothy Deland, 28, of Sherman, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny, to theft of property mortgaged or pledged to the Farm Services Agency. The charge carries a maximum sentence of five years in prison, a $250,000 fine or both.
Assistant U.S. Kathleen A. Lynch, who is handling the case, stated that in October 2008, the defendant worked as a farmhand in Sherman and negotiated a deal to purchase cows from the farm where he worked. On October 29, 2008, Deland obtained a loan for $212,775 from the Farm Services Agency (FSA) to purchase the cows and some machinery, using the cows and machinery as collateral.
In early 2011, the defendant left the farm where he was working for financial reasons and moved to another farm, located near Sherman. In March 2011, Deland petitioned the FSA to relocate the cows to a farm in Tennessee but his petition was denied. The defendant appealed the denial. The FSA did not approve the move and accelerated Deland’s loan payments. From March 2011 through January 20, 2012, after being denied by the FSA, Deland sold approximately 90 cows to livestock companies and individuals.
The defendant received multiple contacts from FSA which informed him that equipment and livestock were unaccounted for and instructed Deland to account for and report the loan securities. On August 1, 2012, the defendant was interviewed by the United States Department of Agriculture. During the interview, Deland signed a sworn statement acknowledging selling the cows valued at $110,125.
The plea is the culmination of an investigation by Special Agents of the United States Department of Agriculture, Office of Inspector General, under the direction of William G. Squires Jr., Special Agent in Charge, Northeast Region.
Sentencing is scheduled for November 3, 2014 at 9:00 a.m. before Judge Skretny.Second Local 17 Member Sentenced for ExtortionRead the Press Release
BUFFALO, N.Y. -- The United States Attorney’s Office announced today Michael J. Eddy, 45, of Gowanda, N.Y., who was convicted of extortion, was sentenced to eight months in prison, four months home confinement, and two years of supervised release by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $2,000 in restitution to victims.
According to Assistant U.S. Attorney Anthony M. Bruce, who handled the case, Eddy was a member of Local 17 of the International Union of Operating Engineers. The defendant was part of campaign designed to force Earth Tech, of Latham, N.Y., the low bidder on the 2005 project to remove contaminated soil on which the Buffalo Waterfront School was built, to sign a collective bargaining agreement with Local 17.
In the summer of 2005, Eddy, Local 17 President and Business Manager Mark Kirsch, Organizer James Minter, and other Local 17 members, carried out a campaign of violence and intimidation against Earth Tech in an effort to force the company to sign a collective bargaining agreement. This campaign caused Earth Tech to incur about $200,000 in additional expenses to secure the site from acts of sabotage.
Eddy was one of 12 officers and members of Local 17 arrested and charged in this case. Six defendants pleaded guilty, President Mark Kirsch was convicted at trial, four were acquitted at trial, and charges are pending against the twelfth defendant.
The investigation of this case was handled by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Cheryl Garcia, Special Agent-in-Charge of the New York Regional Office, the Federal Bureau of Investigation, and the New York State Police, under the direction of Major Michael Cerretto.Hamburg Man Sentenced for Impersonating a Federal OfficerRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jack DeMeo, 52, of Hamburg, N.Y., who was convicted of impersonation of a federal officer, was sentenced to one year probation by Chief U.S. District Judge William M. Skretny.
Assistant U.S. MaryEllen Kresse, who handled the case, stated that in March 2009, the defendant, owner of Southtown Sports, Inc., pretended to be a Revenue Officer with the Internal Revenue Service. In doing so, DeMeo sent false levy releases to several companies with which Southtown Sports did business.
In March 2009, the IRS began a collection action against the defendant and his company. During the course of the case, the assigned Revenue Officer issued levies to companies that owed money to Southtown Sports and instructed them to send all payments directly to the IRS. The Revenue Officer later issued levy releases as to several of the companies.
Thereafter, DeMeo took one of the legitimate levy releases and accompanying letter from the Revenue Officer and altered the documents by removing any reference to the company the paperwork was originally sent. The defendant then faxed the fraudulent levy release and letter to several companies that previously received levies. The defendant told the companies to forward all monies owed to Southtown Sports directly rather than the IRS.
The sentencing 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.Buffalo Man Sentenced for Drug ConspiracyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Orville Rodriguez, 31, of Buffalo, N.Y., who was convicted of conspiracy to distribute cocaine, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that from July of 2008 through October of 2008, Rodriguez distributed 10 kilograms of cocaine to co-defendant Marcus Chambers on three separate occasions. Chambers paid Rodriguez a total of $1,000,000 for the 30 kilograms of cocaine.
Marcus Chambers was convicted of similar drug charges.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation.Jury Convicts Rochester Woman of Drug Trafficking and Rochester Man of Firearms OffensesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has found Ashley Travis, 29, of Rochester, N.Y., guilty of conspiracy to possess with intent to distribute crack cocaine and to maintain a drug involved premises, distribution of crack cocaine, possessing crack cocaine with intent to distribute, and maintaining a drug involved premises. The charges carry a maximum penalty of 20 years in prison and a fine of $1,000,000 or both.
In addition, the jury found Fawndell Henderson, 39, also of Rochester, guilty of being a felon in possession of a Smith and Wesson revolver and ammunition, as well as possessing a short-barreled Remington 20 gauge shotgun which was made in violation of the National Firearms Act and which was not registered to Henderson in the National Firearms Registration and Transfer Record. The charges carry a maximum penalty of 10 years in prison and a fine of $250,000 or both. The jury was unable to reach a verdict relating to various drug trafficking offenses and whether Henderson possessed the firearms in furtherance of the drug trafficking offenses.
Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on September 12, 2012, Henderson and Travis were arrested at 104 Weeger Street in Rochester, after police officers executed a search warrant at the location. Immediately prior to executing the search warrant, Travis sold four bags of crack cocaine to an undercover police officer. Once inside of the location, law enforcement officers found three additional bags containing crack cocaine, as well digital scales commonly used to measure drugs for distribution and small ziplock bags used to package drugs for distribution. Officers also located $201.00 in United States currency in Henderson’s pocket, as well as $40.00 in United States currency on a table in the residence.
Law enforcement officers also located and seized a loaded Smith and Wesson revolver and an unloaded Remington 20 gauge shotgun, which had the barrel shortened to a length of 14 and ¼ inches, testimony presented by the Government showed. The wooden stock of the shotgun was also removed. Furthermore, the testimony showed that the firearms were secreted in a compartment near the doorway to the residence in a location which would have been easily reachable by the children of Henderson and Travis, who were also found in the residence. Henderson confessed to police in a written statement after his arrest, admitting that he had been selling crack cocaine for several months from his house and the he possessed the firearms. The defendant said that he bought the shotgun from an addict in exchange for two bags of crack and that he had the shotgun for protection. Henderson also admitted to pointing it at rival drug dealers in the neighborhood. He also said that he took possession of the revolver from a friend because his friend had announced intention to use it against rival drug dealers.
The jury did not reach a verdict on firearms charges against Travis or drug trafficking charges against Henderson.
The convictions are the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Thomas J. Cannon, Special Agent in Charge, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing for both defendants is scheduled for September 30, 2014 at 10:00 a.m. before the U.S. District Judge David G. Larimer who presided over the trial of the case.Man and Woman Charged in Identity Theft CaseRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Michael Debardlabon, 31, and Maria English, 25, both of Rochester, N.Y., were charged by criminal complaint with aggravated identity theft, bank fraud and access device fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, between November 2012 and September 2013, Debardlabon and English, using the name, social security numbers and dates of birth of two different Florida residents, obtained financing to purchase used automobiles. The defendants purchased an Infinity, a Lexus and a BMW, through financial institutions such as ESL and Ally Financial. The Florida residents never authorized the financial transactions to occur. In addition, on one occasion, the complaint alleges that the personal information of a third Florida resident was used to open an American Express card which was used to purchase air fare for Debardlabon and English.
Debardlabon made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on July 29, 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 criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Acting Special Agent in Charge Shelly Binkowski and the Rochester Police Department, under the direction of Chief Michael Ciminelli.Fairport Woman Pleads Guilty to Lying to Federal InvestigatorsRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ann Marie Laurini, 48, of Fairport, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci to making false statements to Special Agents of the Internal Revenue Service. The charge carries a maximum sentence of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Laurini repeatedly lied to IRS agents in connection with an investigation of Kenneth Griffin and others into financial fraud and money-laundering crimes. The defendant was employed by Griffin from March 2006 to May 2008, and engaged in acts that furthered the financial fraud. Laurini was interviewed by federal agents on several occasions concerning her knowledge and involvement in the fraud and during those interviews she falsely stated that she had not engaged in various acts of deception in furtherance of the fraud. The investigation ultimately resulted in charges against Kenneth Griffin, Brian Campbell, and two others, all of whom have been convicted.
The plea is the culmination of an investigation by the Internal Revenue Service Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office,.
Laurini will be sentenced by Judge Geraci on October 9, 2014 at 3:00 p.m.Woman Sentenced for Defrauding HSBC BankRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nicole Pompey, 34, of Cheektowaga, N.Y., who was convicted of bank fraud, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $42,000 in restitution to HSBC Bank.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that the defendant was employed by HSBC Bank as an auditor. Between December 2008 and September 2010, Pompey used her position to manipulate teller accounts. The defendant transferred funds from the teller accounts to a personal bank account Pompey opened in her maiden name. The defendant transferred a total of $42,000 in HSBC funds to her personal account.
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.Rochester Woman Indicted 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, N.Y. has returned a three-count indictment charging Jodia Campbell, 32, of Rochester, with 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. The charges carry 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 that according to a complaint filed against the defendant in April 2014, 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 in April 2013. According to the complaint, 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 adult 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.
Jennifer Miller and Laree Greggs are charged in separate criminal complaints with similar charges.
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.Buffalo Man Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Gregory Pendziwiatr, 45, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and distribute fentanyl, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $5,000,000 or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on January 29, 2013, the defendant drove co-defendant Mary Moran to the RiteAid Store at Harlem and Mineral Springs in West Seneca, N.Y. Pendziwiatr went inside to pick up Moran’s prescription of 10-100 mcg fentanyl patches from the pharmacy. The defendant then drove Mary Moran to 93 Pulaski Street in the City of Buffalo. A second co-defendant, Barbara Moran, came outside to the vehicle and handed Mary Moran cash for her prescription fentanyl patches.
Shortly after Barbara Moran walked back into her residence, it was determined that the RiteAid pharmacy did not fill the prescription with the desired type of fentanyl patches. As a result, Pendziwiatr drove back to 93 Pulaski Street, where Barbara Moran gave the fentanyl patches back to Mary Moran to exchange for patches containing the desired fentanyl gel formulation. The defendant then drove back to RiteAid to exchange the patches. Pendziwiatr then drove Mary Moran back to 93 Pulaski Street to give the replacement patches to Barbara Moran.
Barbara Moran and her sister-in-law, Mary Moran, have also been convicted of conspiracy to possess with intent to distribute and to distribute fentanyl and are awaiting sentencing.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for October 14, 2014, at 1:00 p.m. before Judge Arcara.Fourth City of Buffalo Employee Pleads Guilty to Stealing Thousands of Dollars from Parking MetersRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Franklin Lopez, 33, of Buffalo, N.Y., pleaded guilty to stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
“Two and a half years ago, the public first learned of wide spread corruption in this City department,” said U.S. Attorney Hochul. “Thanks to the continuing efforts of law enforcement and current City officials, we can now report that a fourth Parking Enforcement employee has been convicted of stealing tens of thousands of dollars over a multi-year period of time. While seldom have we seen a single department so riddled with criminals, the public can rest assured that we will not stop until all who broke the law are brought to justice.”
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that the defendant was employed part time as a coin collector for in the City of Buffalo Department of Parking Enforcement between 2002 and 2011. In this capacity, Lopez was responsible for collecting coins deposited into parking meters.
On August 16, 2011, Buffalo Police found over $1,300 in coins inside the defendant's work vehicle, money that was supposed to be deposited into the city treasury. Further investigation, including a review of Lopez's banking records, revealed a substantial amount of cash deposits and cash payments for a variety of items. Between November 2002 and August 2011, Lopez stole approximately $69,000 from city parking meters.
With today’s conviction, the amount of money proven to be stolen by the convicted defendants exceeds $300,000.
Lopez is the fourth employee of the Department of Parking Enforcement to be convicted 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. Francis Tronolone was convicted of stealing $9,000 in coins from city parking meters and is scheduled to be sentenced on August 15, 2014.
Sentencing is scheduled for October 16, 2014 at 1:00 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part Special Agents from the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Buffalo Man Pleads Guilty in Towing Scandal Involving Buffalo Police OfficersRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Christopher Mahoney, 30, pleaded guilty before U.S. District Court Judge Richard J. Arcara, for conspiring to pay bribes to City of Buffalo police officers. The charges carry a maximum sentence of five years in prison, a fine of $250,000 or both.
“Today’s conviction for bribery exposes a ‘pay to play’ scheme in the Buffalo towing service industry,” said U.S. Attorney Hochul. “As admitted by this defendant, certain police officers were paid in exchange for notification and call-out to motor vehicle accident scenes. This Office will bring to justice those who would corrupt a branch of government or seek to create an uneven playing field through payment of bribes.”
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that James Mazzariello, Jr. owned and operated Jim Mazz Auto, Inc. and National Towing, Inc. The companies were involved in all aspects of the automobile towing and repair business, including collision repair work, mechanical repair work, towing and storage work, and the sale of used automobiles. Adam Mazzariello, the son of James Mazzariello, Jr., supervised the towing services aspect of the businesses. Christopher Mahoney served in a managerial capacity for each of the businesses.
Mahoney admitted that between January 2009 and May 2012, Jim Mazz Auto tow truck operators, at the direction of James Mazzariello, Jr. and Adam Mazzariello, made payments to certain City of Buffalo police officers for their assistance in enabling Jim Mazz tow truck operators to tow motor vehicles damaged in accidents in the City of Buffalo. The tow truck operators made these bribe payments from their own personal funds and subsequently sought reimbursement from James Mazzariello, Jr., Adam Mazzariello and Christopher Mahoney. James Mazzariello, Jr. directed and authorized Christopher Mahoney to make reimbursement payments to the tow truck operators. Mahoney made reimbursement payments to tow truck operators on a regular basis and often times used cash from the Jim Mazz Auto cash drawer to make such payments.
While the plea agreement does not specify the exact number of bribe payments made by the tow truck operators to Buffalo Police Officers, the government, through its investigation and prior to the time defendant Mahoney expressed a desire to plead guilty, substantiated and examined, in detail, 19 different bribe payments made by tow truck operators. Approximately $500 in payments were made to Buffalo police officers by tow truck operators for access to the tows of the 19 accidents examined. The gross revenue Jim Mazz Auto derived from making such bribe payments totaled $43,022.74. The gross revenue consisted of payments made to Jim Mazz Auto for towing, as well as for mechanical and collision repair work.James Mazzariello, Jr. and Adam Mazzariello are under indictment for conspiring to pay bribes to City of Buffalo police officers. James Mazzariello, Jr. is also charged with filing false corporate tax returns and false personal tax returns for calendar years 2009 and 2010.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, the New York State Department of Motor Vehicles Criminal Division, under the direction of Owen McShane, Director of Investigations, the New York State Department of Taxation and Finance Criminal Investigations Division, under the direction of Upstate Chief of Investigations Pat Simet, the New York State Department of Financial Services Criminal Investigations Unit, under the direction of Director Frank Orlando, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Mahoney is scheduled to be sentenced on October 20, 2014 at 1:00 p.m. before Judge Arcara.Lackawanna Man Sentenced for Drug TraffickingRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Yasin Abdulla, 35, of Lackawanna, N.Y., who was convicted of conspiracy to possess with intent to distribute marijuana, was sentenced to 24 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between late 2005 and May of 2007, co-defendant Mohamed Taher ran a long running, multi-faceted criminal enterprise that employed multiple narcotics traffickers, including the defendant. Taher and the enterprise imported marijuana into the United States from Canada, and then distributed the marijuana to others in Detroit, Chicago and Buffalo.
Mohamed Taher was convicted at trial and was sentenced to 25 years in prison. Defendants Abdulfatah Mosed, Salah Mohamed Ahmed, Basheer Saleh, and Bradley Parry were also convicted of conspiracy to possess with intent to distribute marijuana.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Customs and Border Protection, under the direction Randy Howe, Director of Field Operations, the New York State Police, under the direction of Major Michael Cerretto, the Michigan State Police and the Willoughby Hills, Ohio Police Department.Florida Man Pleads Guilty to a Fraud ChargeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that HECTOR ORTIZ, 49, of Orlando, Florida, pleaded guilty before U.S. District Judge Frank P. Geraci, to committing wire fraud, which carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that the defendant from in or about September 2011 and continuing thereafter until on or about January 1, 2012, in the Western District of New York, devised a scheme to defraud Sweeteners Plus, Inc. in Lakeville, N.Y. Specifically, the defendant attempted to obtain $7,862,500 from Sweeteners Plus by making multiple false and fraudulent representations in relation to a contract to deliver 12,500 metric tons of refined sugar.
The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent In Charge Brian P. Boetig, and Postal Inspectors with the United States Postal Inspection Service, under the direction of Inspector In Charge Shelley Binkowski.
Sentencing is scheduled for September 11, 2014, at 9:30 a.m. before Judge Geraci.Pen Yan Man Pleads Guilty to Attempting to Obtain Money from Bank by ExtortionRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jonathan A. Karcher, 21, of Penn Yan, N.Y., pleaded guilty to attempting to extort money from the Lyons National Bank in Penn Yan before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that on June 5, 2013, an individual called the manager of Lyons National Bank and demanded that the manager take $15,000 in cash and leave it by a dumpster behind the Rite Aid store across the street from the bank. During that conversation, the individual threatened the bank manager by informing her that he had information about the manager’s residence and children. The same date, an individual drove to the area of Lyons National Bank and parked in the Rite Aid parking lot across the street. An individual later walked by the dumpster behind the store to determine if the $15,000 had been left there as he had directed the branch manager to do.
Subsequent investigation by the FBI and Penn Yan Police Department determined the individual was Jonathan Karcher. Investigators tracked the defendant down through the analysis of records tied to the cellular telephone used in the call to the bank.
Sentencing is scheduled for September 23, 2014 at 11:00 a.m. before Judge Larimer.
The plea is the culmination of a joint investigation on the part of the Penn Yan Police Department, under the direction of Chief Mark Hulse, and the Federal Bureau of Investigation.Canadian Woman Pleads Guilty to Tax SchemeRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. and Department of Justice Tax Division Acting Assistant Attorney General Tamara Ashford announced today that Renee Jarvis, 51, of Ontario, Canada, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to conspiring with others to defraud the United States and to steal government funds. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Marisa J. Miller and Tax Division Trial Attorney Jeffrey A. McLellan, who are handling the case, stated that the defendant was charged, along with six others, with filing false tax returns with the Internal Revenue Service. On April 8, 2009, Jarvis filed a U.S. Nonresident Alien Income Tax Return and claimed that she was entitled to a refund of $404,120.00. Thereafter, the defendant, a Canadian citizen, opened a bank account at a bank in the Rochester area, deposited a U.S. Treasury check and then withdrew the funds, in part, to pay a co-conspirator for preparing the false documents.
Sentencing is scheduled for November 12th, at 3:00 p.m. before Judge Geraci.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service – Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle Kitchen.Canadian Man Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Daniel Hebert, 40, of New Brunswick, Canada, pleaded guilty before U.S. District Judge Richard J. Arcara, to importation of 100 kilograms or more of marijuana into the U.S. from Canada and failure to appear to attend required court proceedings. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $2,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on November 5, 2005, the defendant entered the United States at the Peace Bridge Port of Entry driving a tractor trailer. During a secondary inspection, law enforcement officers seized multiple plastic baggies containing marijuana. Hebert told Special Agents of Immigration and Customs Enforcement that the marijuana was to be delivered to a man named "Brian" at Jim's Truck Plaza in Cheektowaga, N.Y. Law enforcement officers surveilled the defendant as he later met with co-defendants Brian Brady and Thomas Goodyer who were arrested along with Hebert.
On November 7, 2005, Hebert appeared before a federal Magistrate Judge who ordered the defendant released with various conditions, including that Hebert attend all court proceedings. The defendant was scheduled to appear on May 26, 2006 but failed to do so. On June 28, 2006, an arrest warrant was issued for the defendant.
Brian Brady was convicted of conspiracy to import 100 kilograms or more of marijuana into the U.S. from Canada and is awaiting sentencing. Charges are pending against Thomas Goodyer. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for October 7, 2014 at 1:00 p.m. before Judge Arcara.Buffalo Woman Pleads Guilty to Theft of Government FundsRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Candace Walker, 33, of Buffalo, N.Y., pleaded guilty to theft of government funds before U.S. Magistrate Judge Hugh B. Scott. The charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Walker, a Contact Representative for the United States Department of the Treasury, Internal Revenue Service (“IRS”), collected unemployment insurance benefits for which she was not entitled. Between January 10, 2010, and October 2, 2011, the defendant fraudulently certified for unemployment insurance benefits on numerous occasions. Walker failed to report income earned from the IRS and from the Wheelchair Home, Inc., dba, Schofield Residence, in order to receive unemployment insurance benefits. In total, Manning stole $9,530 in unemployment insurance benefits from the IRS and $1,925 from the Wheelchair Home, Inc., dba, Schofield Residence.
The plea is the culmination of an investigation by the Department of the Treasury, Treasury Inspector General for Tax Administration (TIGTA), Office of Investigations, under the direction of Special Agent in Charge Robert E. O’Malley, 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, and the New York State Department of Labor, under the direction of Commissioner Peter Rivera.
Sentencing is scheduled for October 7, 2014, at 10:00 a.m. before Judge Scott.Man Sentenced on Marriage Fraud ChargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Adil Alakbarov, a citizen of Azerbaijian who had been residing in Cheektowaga, N.Y., and who was convicted of making a false statement on an immigration document, was sentenced to time served (5 ½ months) by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Alakbarov attempted to become a U.S. citizen through marriage, and went to great lengths to convince an immigration officer that he was in a valid marriage. The defendant also claimed that he and his wife were residing at the same address. In reality, the marriage was a sham, and the defendant and his purported wife did not live at the same address.
When the Alakbarov learned that he was going to be charged in federal court, he fled to Mexico. The defendant was later arrested as he attempted to board a plane destined to Turkey.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and Customs and Border Patrol in California.Greece Woman Pleads Guilty to Supplying Guns used in Christmas Eve ShootingRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dawn Nguyen, 25, of Greece, N.Y., pleaded guilty before U.S. District Court Judge David G. Larimer, to knowingly making a false statement in connection with the purchase of firearms; selling and disposing of firearms to William Spengler, a known felon; and possession of firearms while being an unlawful user of marijuana.
“But for the actions of this defendant in illegally putting two guns into the hands of a known dangerous felon, the families of Michael Chiapperini and Tomasz Kaczowka might have their son, father and husband still with them.” “While today’s convictions cannot possibly bring these brave men back, or relieve the pain of the families and those wounded in the Christmas Eve attack, this defendant will in fact shortly receive her just punishment for all the harm she caused.”
The charges involve the purchase and disposition of the firearms that were used in the Christmas Eve shooting in December 2012 that resulted in the deaths of Webster Police Lieutenant Michael Chiapperini and West Webster Firefighter Tomasz Kaczowka, and seriously injured Firefighters Theodore Scardino and Joseph Hostetter. Each charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00, or both.
Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that Nguyen made false statements during the purchase of a Bushmaster semiautomatic rifle and a Mossberg 12 gauge shotgun at Gander Mountain in Henrietta, N.Y., in order to acquire those firearms on behalf of William Spengler, Jr. The defendant gave those firearms to Spengler with the knowledge that Spengler was a convicted felon. In addition, Nguyen unlawfully possessed the firearms at a time when she was an unlawful user of marijuana.
The plea is the culmination of an investigation on the part of the Webster Police Department, under the direction of Chief Gerald Pickering, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Division, the New York State Police, under the direction of Major Scott Crozier, and the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn.
Sentencing is scheduled for August 28, 2014, at 10:00 a.m. before Judge Larimer.Elmira Man Pleads Guilty to Child Pornography ChargeRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Chad Dolaway, 23, of Pine City, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison and a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant came to the attention of law enforcement in 2011 when undercover agents from both the Federal Bureau of Investigation and Homeland Security Investigations downloaded child pornography from Dolaway through a peer to peer file sharing network. The defendant received child pornography and maintaining the images on a computer that he owned. Some of the images portrayed prepubescent children and children engaged in violent conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Chemung County Sheriff’s Office, under the direction of Sheriff Christopher Moss.
Sentencing is scheduled for September 25th, at 3:30 p.m. before Judge Geraci.Three Men Indicted on Gambling and Money Laundering ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a 23-count indictment charging Paul Borrelli, 66, and Joseph Ruff, 32, both of Rochester, N.Y., and Mark Ruff, 40, of Connecticut, with conducting an illegal gambling business.
The indictment also charges Borrelli with 12 counts of money laundering, two counts involving the deposit of gambling proceeds into business accounts held by two Rochester companies to conceal the nature of gambling proceeds, and 10 counts of conducting financial transactions affecting interstate commerce which involved over $10,000 of proceeds of illegal gambling activity. Joseph Ruff was charged with 10 counts of money laundering, three counts of involving the deposit of gambling proceeds into specified bank accounts in order to conceal the nature of the gambling proceeds, and 10 counts of conducting financial transactions affecting interstate commerce which involved over $10,000 of proceeds of illegal gambling activity.
If convicted of the illegal gambling offense, the defendants face a maximum sentence of five years in prison, and a $250,000 fine. If convicted of the money laundering charges, Paul Borrelli and Joseph Ruff face a maximum sentence up to 20 years in prison and a $500,000 fine. Additionally, the defendants would be required to forfeit $76 million in United States currency, the sum of money equal to the total amount of gross wagers involved in the illegal gambling business, six bank accounts, three real properties and a vehicle.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the indictment, since January 2012, Borrelli, Joseph Ruff, and Mark Ruff have conducted an illegal gambling business involving sports betting which utilized multiple offshore internet gambling websites. The defendants provided betters with an account and password that permitted them to place wagers on various sporting events over the websites. The websites provide the “line” and tallied the total won or lost by the bettors. The cash payments to settle wagers generally occurred at face-face meetings, drop offs at residences or the Marina Bar (owned and managed by Borrelli and Joseph Ruff), FedEx deliveries, and bank deposits.
Borrelli was arrested at his residence at 31B Veldor Park in the City of Rochester, and Joseph Ruff was arrested today at his residence at 360 Edgemere Drive, a lakefront residence on Lake Ontario. Coinciding with their arrests this morning, federal search warrants were executed at each of their residences. During the searches, law enforcement seized over $80,000 in gambling proceeds secreted in various locations.
Borrelli and Joseph Ruff were arraigned this afternoon before Magistrate Judge Marian W. Payson and released on their own recognizance. They are due back in court on July 1, 2014.
An arrest warrant has been issued for Mark Ruff.
The indictment is the culmination of an investigation conducted by the Organized Crime Drug Enforcement Task Force, which included the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley, Federal Bureau of Investigation, Internal Revenue Service, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, Rochester Police Department, under the direction of Chief Michael Ciminelli, Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Division, Greece Police Department, under the direction of Chief Patrick Phelan, and the Webster Police Department, under the direction of Chief Gerald Pickering.Georgia Man Sentenced on Gun Trafficking ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Liddon Young, 32, of Stone Mountain, Georgia, who was convicted of conspiracy to unlawfully deal firearms without a federal firearms license and unlawfully dealing in firearms without a license, as well as selling firearms to a convicted felon, was sentenced to 180 months in prison by U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to forfeit 12 firearms and over 500 rounds of ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between August 2012 and February 6, 2013, Young conspired with Paul Davis to unlawfully traffic firearms from the Atlanta, Georgia area to Rochester. Young sold multiple firearms and rounds of ammunition to Davis in the Atlanta area which were then transported by Davis and others for illegal resale on the black market in Rochester. Young delivered 11 firearms to Davis on February 6, 2013 in Rochester as part of the conspiracy. Davis and others deposited money into a bank account in Young’s name as payment for the illegal firearms business.
The sentencing is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Paul Davis was arrested February 6, 2013 after selling a Georgia pistol to a confidential informant. Multiple federal search warrants executed at Young’s residences in Georgia resulted in the seizure of 10 additional firearms and hundreds of rounds of ammunition. Liddon Young was arrested in Rochester on February 8, 2013 in possession of a loaded .380 caliber pistol. Davis was convicted on gun charges in April 2012 and is awaiting sentencing.Rochester Woman Pleads Guilty to Conspiring to Defraud the United StatesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kelly Nicole Borger, 31, of Rochester, N.Y., and Los Angeles, CA, pleaded guilty before U.S. District Judge David G. Larimer to conspiring to defraud the United States. The charge carries a maximum sentence 20 years in prison, a fine of $1,064,702, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from April 2011 to April 2012, Borger conspired with Michael Carney of Los Angeles, CA, to prepare and submit false income tax returns. Borger emailed Carney the names and other identifying information of 40 individuals in Rochester known to Borger. Carney then prepared 50 fraudulent tax returns in the names of these individuals claiming undeserved tax refunds totaling $532,351. Borger received at least $169,000 for her role in conspiracy.
The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.
Sentencing is scheduled for September 17, 2014 at 3:00 p.m. before Judge Larimer.Rochester Doctor Sentenced for Illegal Drug TraffickingRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that John E. Maye, 59, of Rochester, N.Y., who was convicted following a federal jury trial of unlawful distribution and dispensing of a controlled substance, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Frank T. Pimintel, who handled the case, stated that between 2004 and 2006, the defendant, a licensed physician, authorized nearly 10,000 prescriptions for medications such as Hydrocodone, Xanax, Loritab, Vicodin, Valium, and Ambien. Maye issued the prescriptions over the internet without ever seeing the estimated 12,000 patients. Evidence presented by the Government at trial showed that the defendant grossed $1,100,000 through this activity.
“This doctor took an oath to ‘first, do no harm,’” said U.S. Attorney Hochul. “Instead of complying with this promise, Maye used his medical practice as a front to become one of the largest drug dealers this area has seen. Coming at a time when the abuse of opiate-based pills has become a national epidemic, the efforts of the DEA and FDA in investigating this case, and the jury’s actions in convicting this defendant, must all be commended. And while all of us must continue to attack the perplexing opiod/heroin problem with demand-side programs, this case demonstrates that law enforcement can and will act forcefully with respect to those who supply the drugs – including doctors.”
“DEA Acting Special Agent in Charge James J. Hunt stated, "One of DEA’s top priorities is to identify those who facilitate opioid abuse throughout our towns, counties, states and nation and this conviction earmarks law enforcement’s goal. Throughout the past two years, DEA investigations that focused on the diversion of controlled substance pharmaceuticals and listed chemicals have soared resulting in a 213% increase in arrests. The arrest and conviction of Dr. Maye signifies how drug law enforcement has adapted traditional drug investigation techniques to allow for the identification of prescription drug trafficking organization’s sources of supply, such as Dr. Maye, and successfully bring them to justice.”
“The defendant in this case demonstrated blatant disregard for the health and welfare of the general public by illegally distributing controlled prescription drugs via the internet," said Mark Dragonetti, Special Agent in Charge of the U.S. Food and Drug Administration's Office of Criminal Investigations, New York Field Office. "We commend the US Attorney's office and our law enforcement partners for their dedicated and collaborative efforts in pursuing this prosecution."
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, and the Food and Drug Administration, Office of Criminal Investigations, under the direction of Mark Dragonetti, Special Agent in Charge, New York Field Office.Rochester Doctor Pleads Guilty to Defrauding University of RochesterRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Doron Feldman, 54, of Williamsville, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to conspiracy to commit mail fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant practiced as anesthesiologist for CGF Anesthesia and Associates in Buffalo, N.Y. CGF provided anesthesia services to patients undergoing surgery at Strong Memorial Hospital, Highland Hospital and other medical facilities in the Rochester, N.Y. area. Between September 2007 and December 2009, Feldman, along with co-defendant Debra Bulter and others, devised a scheme to defraud and obtain money from the Department of Anesthesiology at the University of Rochester.
In September 2007, fraudulent invoices were submitted to the Department of Anesthesiology for services that were never provided by Feldman. In her position as Program Administrator for the department, Debra Bulter approved payment of the fraudulent invoices. From 2008 through 2010, the Department of Anesthesiology paid fraudulent fees totaling approximately $1,460,000 with the defendant receiving approximately $630,000 of that amount.
“Attempts to steal money are always wrong, but when the scheme involves health care, such fraud drives up the costs for all Americans,” said U.S. Attorney Hochul. “What makes this crime even worse is that the defendant violated his oath, his employer and the public.”
Debra Bulter has been convicted of conspiracy to commit mail fraud and money laundering and is awaiting sentencing.
The plea is the culmination of a joint investigation on the part of the Internal Revenue Service, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Shelly Binkowski, Acting Inspector in Charge, Boston Division, United States Postal Inspection Service.
Sentencing is scheduled for September 24, 2014 at 3:00 p.m. before Judge Gerace.Buffalo 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 Henry Hawkins, 45, of Buffalo, 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. Magistrate Judge Jeremiah J. McCarthy.
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.
At the conclusion of the abatement for building B-2 by Johnson Contracting, Rai Johnson wrote in his daily project log that all material containing asbestos had been removed from the boiler room, when in truth, all asbestos had not been removed. Thereafter, on August 25, 2009, the defendant conducted a visual inspection of the boiler room at building B-2 and issued a satisfactory visual inspection, when in truth, the defendant was aware that all asbestos 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 first 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, Chris Coseglia and Brian Scott; 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 plea 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 Acting 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 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.Spencerport Man Pleads Guilty to Tax ChargeRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jay Chapman, 47, of Spencerport, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to filing a false income tax return. The charge carries a maximum penalty of three years in prison, a $100,000 fine or both.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that in 2007, the defendant filed a personal income tax return but failed to report business income in the amount of $118,971.
Sentencing is scheduled for September 17, 2014 before Judge Larimer.
The sentencing is the culmination of an investigation on the part the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.Niagara Falls Contractor Sentenced for Conspiring to Defraud HUDRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Walter Heinrich Weiss, 61, of Niagara Falls, N.Y., who was convicted of conspiring to make a false statement in a HUD transaction, was sentenced to one year of probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney James P. Kennedy, Jr., who handled the case, stated that the defendant was an employee of John Gross at David Gross Contracting, Inc. (Gross Contracting). Weiss conspired with John Gross and other employees of Gross Contracting to prepare and submit false and fraudulent bids and estimates which purported to be from competitors of Gross Contracting. Specifically, the employees would maintain, within their offices, and on their computers, blank letterhead for various competing companies. The letterhead was used to prepare false and fraudulent estimates and/or job bids which were higher than bids submitted by Gross Contracting.
In one instance, following significant flooding which resulted from a water main break during the spring of 2009, a Niagara Falls resident contacted Gross Contracting for an estimate for repair work on the resident’s home. Unbeknownst to the homeowner, Gross Contracting, in addition to its own bid, also submitted a false and fraudulent bid which appeared to be from a competitor. The fake bid was submitted with the intention of manipulating and defrauding the HUD grant program that was ultimately used to pay Gross Contracting’s $2,545.00 bill for the repairs.
In January 2012, John Gross was sentenced to 33 months in prison. The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.
Moldovan Man Sentenced for Internet FraudRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Dumitru Doban, 27, of Moldova, who was convicted of wire fraud conspiracy, was sentenced to 46 months in prison and ordered to pay $257,489 in restitution by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Doban, a citizen of Moldova, a country in Eastern Europe between Romania and Ukraine, participated in a conspiracy to defraud purchasers of motor vehicles over the Internet. As part of the scheme, vehicle advertisements were placed online via websites such as eBay, autotrader.com, and autotraderclassics.com. Potential buyers responded by e-mail to the advertisements and were be contacted by individuals identifying themselves as the listed sellers of the vehicles. E-mail correspondence occurred between the two parties with descriptions of the vehicles, negotiations of the purchase price, shipping information, and purchase information. Once an agreement was reached for the purchase of the vehicles, the buyers were instructed to utilize a third party, such as eBay Motors and Google Wallet, to conduct the transaction. These third-party websites (bogus and unrelated to legitimate third party websites) were made to look legitimate.
After signing up for the third-party websites, the buyers were sent e-mails directing them to send wire transfers for the purchase price, plus shipping costs, to bank accounts that were opened by Doban in Rochester, Columbus, Ohio, Alexandria, Virginia, and Birmingham, Alabama, using fake names and false Czech Republic passports. After the buyers sent the wire transfers to the bank accounts, Doban sent the money overseas, primarily to the Ukraine and Moldova, through bank-to-bank wire transfers and money transfer services, or withdrew the money from the accounts. The prospective online buyers never received any of the vehicles supposedly offered for sale as part of the scheme.
A total of 18 people, who hailed from various states (including California, Nevada, North Carolina, and Arizona) and Canada, were victims of the Internet fraud scheme. Those victims transferred a total of $257,489 to the bank accounts opened by the defendant. As part of the plea agreement, the defendant admitted that the overall conspiracy – which included similar fraudulent conduct by a co-conspirator, Alexandru Turcan, in the Northern District of New York -- involved losses of more than $400,000 but less than $1,000,000.
The United States Attorney’s Office is prosecuting another individual, Vasile Leu, also a citizen of Moldova, for allegedly participating in the same Internet fraud scheme. A federal grand jury returned an indictment charging Leu with wire fraud conspiracy on September 24, 2013. The case is still pending.
The conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.Lackawanna Man Pleads Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Kenneth Sweat, 26, of Lackawanna, N.Y., pleaded guilty to possession with intent to distribute and distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that on February 18, 2013 and February 25, 2013, the defendant sold 36 grams of crack cocaine to a confidential source working with the Drug Enforcement Administration and Lackawanna Police.
The plea is the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division.
Sentencing is scheduled for October 6, 2014, before Judge Arcara.West Seneca Woman Charged with Threatening a WitnessRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Haley Connor, 19, of West Seneca, N.Y., with retaliating against a witness, and witness tampering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that, according to the indictment, from early 2014 to March 8, 2014, the defendant threatened to cause bodily injury to a witness for information given by the witness to a law enforcement officer. The information related to Michael Mitchell’s involvement in bank robberies and bank larcenies. Mitchell is currently charged with committing three bank robberies.
“As has been said before, law enforcement takes a zero tolerance when it comes to threatening a witness,” said U.S. Attorney Hochul. “This defendant – while not accused of committing the underlying crime – now stands to serve as much time in prison of those who did, solely because of her attempt to subvert the criminal justice system.”
The indictment is the culmination of an investigation by 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.Two Men Charged with Operating a Methamphetamine Laboratory in LancasterRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John Ruth, 39, of and Michael Jachimiak, 37, both of Lancaster, N.Y., were arrested and charged by criminal complaint with possession with intent to distribute a mixture and substance containing methamphetamine, conspiracy to manufacture, with intent to possess, a mixture and substance containing methamphetamine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine or both.
Assistant U.S. Attorney Eric M. Opanga, who is handling the case, stated that according to the complaint, on June 19, 2014, the Lancaster Police Department made certain investigative discoveries regarding 97 Field St. after receiving information regarding a possible methamphetamine laboratory. In the trash for this address, investigators recovered packaging for pseudoephedrine, the precursor of methamphetamine, empty bottles of drain cleaner, lighter fluid, used rubber tubing, plastic “one pot” methamphetamine laboratory bottles and an empty cold pack.
A search warrant was then applied for and executed at the 97 Field St. residence. During the execution of the search warrant, officers and agents discovered four individuals including defendants John Ruth and Michael Jachimiak. They also discovered quantities of fuel, light fluid, brake fluid, sulfuric acid, sodium chloride, sodium hydroxide, ammonium nitrate, pliers, wire cutters, plastic bottles, rubber tubing, and a plastic funnel. The items were assembled into a “pne pot” methamphetamine laboratory and a hydrochloric acid gas generator. Also located during the search were two hypodermic needles containing quantities of a liquid.
“Methamphetamine poses more than a danger to the users,” said U.S. Attorney Hochul. “Because of the use of volatile and dangerous chemicals, the production of this toxic substance also creates a danger for any homes nearby. Thankfully, the actions of the community here averted a possible disaster.”The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.
The criminal complaint was the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division and the Lancaster Police Department, under the direction of Chief Gerald Gill.
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.