Western District of New York
Press releases recorded for this federal judicial district.
Three Buffalo Women Plead Guilty to Bank FraudRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Carlique Deberry, 35, Sayonara Heath, 32, Sade Heath, 27, all of Buffalo, N.Y. pleaded guilty to 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 case, stated that the defendants were part of a conspiracy to defraud local area banks by participating in a “check kiting” scheme. The defendants would open bank accounts and deposit large checks to the accounts. The deposited checks were written on accounts that had insufficient funds or on accounts that had been closed. Before the banks could determine that the checks were not supported by any funds, the defendants would withdraw smaller amounts from the accounts. Although the defendants made away with only $390.95, the amount of the intended loss was more than $40,000.
The pleas are 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 before Chief U.S. District Judge William M. Skretny.
Rochester Man Pleads Guilty to Making False Statements on Naturalization ApplicationRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tuffek Mohammed Ali Saleh, 41, a citizen and national of Yemen, pleaded guilty to making a false statement on an immigration document before U.S. District Court Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 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 according to the complaint, in April 2012, the defendant applied for U.S. Citizenship under the name Yehya Muthana Ali. During the processing of Saleh's application, it was determined that the defendant had previously applied to enter the United States using a different identity, including a different name and date of birth.
During the investigation, officials from the Department of Homeland Security conducted an immigration interview with the defendant. During this interview, the defendant was again asked several times about his identity, and he repeatedly denied ever using another name to try to enter the United States.
The plea is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the New York State Police, under the direction of Major Mark Koss, and the United States Department of State, Diplomatic Security Service, under the direction of Resident Special Agent in Charge, Andrew Wright.
Sentencing is scheduled for August 22, 2014 before Judge Siragusa.Rochester Man Pleads Guilty to Fraud ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Chauncee McFarland, 35, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to conspiracy to defraud the United States, and a scheme to defraud insurance premium finance companies. The charges carry a maximum sentence of 20 years in prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from 2010 to 2012, McFarland owned McFarland Tax Company, a tax return preparation business. The defendant conspired with an employee, Kenyatta Hubbard, to prepare false income tax returns for clients. McFarland and Hubbard reported fictitious employment in order to increase the Earned Income Tax Credit refunds claimed on behalf of the clients. As a result of the scheme, the Internal Revenue Service paid tax refunds totaling $391,888.
Thereafter, from September 2012 to September 2013, acting on his own as a licensed insurance broker, McFarland devised a scheme to defraud premium finance companies. Premium finance companies engage in the business of lending money to finance insurance policy premiums for clients. McFarland prepared fraudulent premium finance agreements that falsely represented that he was seeking to obtain financing for purported clients. Based upon the fraudulent documents, the companies provided the requested financing. The defendant then diverted the financing to his personal use, and did not use it to purchase insurance policies for any clients. McFarland obtained $29,634 through this scheme.
Kenyatta Hubbard was convicted for her role in the conspiracy to prepare false income tax returns for clients and is awaiting sentencing.
The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, Special Agents of the U.S. Postal Inspection Service, Boston Division, under the direction of Acting Inspector in Charge, Shelly A. Binkowski, and Investigators of the New York State Department of Financial Services, under the direction of Superintendent Benjamin Lawsky.
McFarland will be sentenced on September 9, at 10:00 a.m. before Judge Larimer.Newark Man Sentenced on Child Pornography ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that David Mullie, 51, of Newark, N.Y., who was convicted of possession of child pornography, was sentencing to 60 months in prison and 20 years of supervised release by U.S. District Court Judge Charles J. Siragusa.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that a family member alerted police after finding sexually explicit photos on the defendant's computer. Newark Police began an investigation and then notified Homeland Security Investigations for assistance. Federal agents executed a search warrant and seized several computers from Mullie’s home. A forensic analysis of the computers found more than 600 images of children, including prepubescent children, being sexually abused.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and officers of the Newark Police Department, under the direction of Chief David L. Christler.Mt. Morris Man Pleads Guilty in Child Pornography CaseRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Patrick Welch, 58, of Mt. Morris, N.Y., pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography, receipt of child pornography and distribution of child pornography. Due to a prior conviction, the charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that on May 13, 2013, the Livingston County Sheriff's Office received a lead from the Los Angeles County Sheriff's Office concerning a potential child exploitation case. A Los Angeles County Sheriff's investigator had received a cyber tip from the National Center for Missing and Exploited Children that two individuals appeared to be chatting about and trading child pornography on a certain internet site. Both individuals purported to be teenaged boys.
One of the individuals chatting used the screen name "David D." A search warrant was executed on the provided email account and images of child pornography were found. The internet protocol address for "David D" was registered to Welch's address on Scipio Road in Mt. Morris. After a search warrant was executed at the defendant's residence, a forensic review of one of Welch's computers was conducted and images of child pornography were found.
In 2003, the defendant was convicted in Livingston County of sexual conduct against a child and, following his conviction, he was required to register as a sex offender.This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Sentencing is scheduled for September 9, 2014 before Judge Siragusa.
The plea is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Livingston County Sheriff's Department, under the direction of Sheriff Thomas J. Dougherty, and the Los Angeles County Sheriff's Department, under the direction of John L. Scott.Man Charged with Possessing a Firearm at the Rainbow BridgeRead the Press Release
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Varapong Ruengvivatanakij, 33, formerly of Washington, D.C., was arrested and charged by criminal complaint with being a convicted felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the complaint, on May 18, 2014, the defendant attempted to enter the United States at the Rainbow Bridge. During a secondary inspection by Customs and Border Protection officers, it was determined Ruengvivatanakij was a convicted felon and in possession of a 9 mm semi-automatic handgun in the trunk of his vehicle.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. on May 19, 2014 and was ordered detained.
The criminal complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and officers of Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.
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.Gates Man Pleads Guilty to Child PornographyRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Gino A. Sava, 53, of Gates, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to possession of child pornography. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that the defendant came to the attention of law enforcement in April 2013, following a referral from the Enfield, Connecticut Police Department. According to the referral, an individual in Connecticut was found to be trading and discussing images of child pornography with another individual in the Western District of New York via Yahoo! Instant Messenger. As a result of the investigation, members of the FBI’s Cyber Task Force conducted a search warrant at the defendant’s residence and seized numerous items of digital media, including computers and CDs. The images included prepubescent minors and minors being subjected to violence.
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.
Sentencing is scheduled for September 4, 2014 at 10:00 a.m. before Judge Larimer.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Cyber Task Force, comprised of FBI Special Agents, as well as members of the Monroe County Sheriff’s Department, under the direction of Patrick O’Flynn and the Rochester Police Department, under the direction of Chief Michael Ciminelli.Cheektowaga Man Sentenced for Bank RobberyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jeffrey Turner, 24, of Cheektowaga, N.Y., who was convicted of bank robbery, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $4,639 in restitution.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on June 13, 2013, Turner entered M&T Bank, located at 788 Tonawanda Street in Buffalo. The defendant passed the teller a demand note threatening the use of a weapon. The teller gave Turner a specific amount of money.
On July 1, 2013, the defendant entered the M&T Bank, located at 1580 Hertel Avenue in Buffalo. Turner passed the teller a demand note threatening the use of a weapon. The teller gave him a specific amount of money.
The plea is the culmination of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force.Penn Yan Man Indicted for Conspiring and Attempting to Obtain Money from Bank by Extortion and Lying to the FBIRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a four-count indictment charging Jonathan A. Karcher, 21, of Penn Yan, N.Y., with conspiring and attempting to extort money from the Lyons National Bank in Penn Yan on June 5, 2013 and later lying to the Federal Bureau of Investigation during the investigation into the incident. The charges carry 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 according to the indictment, on June 5, 2013, a member of the conspiracy 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 caller threatened the bank manager by informing her that the caller knew where the manager lived, how many children the manager had and that the car of one of the children was at the house that day. The indictment also alleges that Karcher drove to the area of the Lyons National Bank that day, parked in the Rite Aid parking lot and later walked by the dumpster where the manager had been directed to leave the $15,000.
The indictment further alleges that during a subsequent interview during the investigation, the defendant provided materially false statements to the FBI.
The indictment 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Buffalo Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Myron Johnson, 39, of Buffalo, N.Y., who was convicted of possession with intent to distribute cocaine, was sentenced to 51 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys George C. Burgasser and Timothy C. Lynch, who handled the case, stated that on November 16, 2011, Erie County Sheriff’s Department deputies executed a search warrant at the defendant’s Ruspin Avenue residence and his vehicle. During the search, deputies seized approximately 209 grams of crack cocaine, 762 grams of cocaine, $58,000 in United States currency and two firearms.
The sentencing is the culmination of an investigation on the part of 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.Buffalo Man Sentenced for Bank FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Avery Gill, 56, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to bank fraud. The charge carries a mandatory 30 years sentence, a fine of $1,000,000 and a term of supervised release of five years.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between September 2012 through March 2013, Gill and co-defendants Calvina Myles and David Johnson devised a scheme to defraud Capital One Bank. The defendants used the names and personal identification information of two individuals to apply for two Capital One credit cards in those names. The defendants then purchased merchandise and gift cards from retail stores using the credit cards. Gill also made ATM withdrawals using the credit card. As a result of this conduct, Capital One suffered a loss of $29,429.16. involving two fraudulently issued credit cards.
The plea was the culmination of an investigation on the part of the U.S. Postal Inspection Service, Boston Division currently under the direction of Acting Inspector in Charge, Shelly A. Binkowski.
Sentencing is scheduled for August 28, 2014, at 12:30 p.m. before Judge Arcara.
Naples Man Sentenced for Making False Statements to FBIRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brandon Todd, 20, of Naples, N.Y., who was convicted of making false statements to the Federal Bureau of Investigation, was sentenced to 12 months in prison and three years supervised release by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Jennifer M. Noto, who is handled the case, stated that the defendant called the FBI in April and early May 2013 claiming to have information about sex trafficking. Todd also claimed to be involved in sex trafficking and to have connections to a group involved in sex trafficking. Following the defendant’s calls, the FBI began an investigation into Todd’s claims. On July 10, 2013, the defendant made false statements to an FBI Special Agent that he had recruited approximately 49 girls for a sex trafficking ring and that he was a member of a gang. At the time, Todd knew that these statements were false. These false statements – concerning the nature of the defendant’s involvement in a sex trafficking ring and his affiliation with a gang - were material to the FBI’s investigation.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.Dominican National Pleads Guilty to Selling Counterfeit StampsRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Alcides Marcelino, 48, a native of the Domincan Republic currently living in Rochester, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to selling counterfeit postage stamps. The charge carries a maximum penalty of five years in prison, a $250,000 fine or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that on May 23, 2011, the defendant sold 10,000 “Lady Liberty” and “U.S. Flags Forever” stamps for $2,500. At the time, the stamps had a total face value of $4,400. On July 19, 2011, Marcelino sold the same quantity of fake stamps for another $2,500.
The plea is the culmination of an investigation on the part of Special Agents of Federal Bureau of Investigation, the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector in Charge, Shelly A. Binkowski, the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the New York State Police, under the direction of Major Thomas Marmion.Sentencing is scheduled for August 29, 2014, at 1:00 p.m. before Judge Arcara.
Rochester Woman Sentenced for Threatening to Kill the PresidentRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Christine Wright-Darrisaw, 38, of Rochester, N.Y., who was convicted following a jury trial of making a direct threat to kill the President of the United States and then lying to United States Secret Service Agents investigating the case, was sentenced to 33 months in prison today by U. S. District Court Judge Frank P Geraci.
Assistant U.S. Attorneys Craig R. Gestring and Grace M. Carducci, who handled the prosecution of the case, stated that the defendant threatened to kill President Barack Obama during a telephone call to the White House on February 24, 2012. At trial, the Government called the White House Operator who took the call from the defendant and she graphically described the “brutality” and the “violence” of Darrisaw’s words. The Operator stated that she has answered thousands of calls while serving as an operator with the White House Comments Line, but that this call stood out in her memory, almost two years later.
Secret Service Agents from Washington and Rochester also testified at trial about their investigation and how they were able to identify the defendant as a suspect. Agents in Rochester linked Wright-Darrisaw to the cellular telephone used to make the threat, and conducted an interview with her. During that interview, the defendant made several false statements to the Secret Service which were material to and impacted their investigation.
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.Man Pleads Guilty to Enticing a ChildRead the Press Release
Rochester, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced that William E. Miller, 52, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer, to coercing and enticing a child to engage in sexual activity. The charge carries a mandatory minimum term of imprisonment of 10 years and a maximum of life, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant came to the attention of law enforcement in August 2012 when members of the Rochester Police Department conducted a robbery investigation at the defendant’s residence. During the course of that investigation, members of the joint RPD and FBI Child Exploitation Task Force discovered images of child pornography. As part of his plea, the defendant admitted to using a cellular telephone to entice and coerce a child under the age of 16 to engage in sexual activity and that the child was used, persuaded and coerced into and for the production of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea was the culmination of an investigation on the part of Special Agents and Task Force Officers of the Federal Bureau of Investigation Child Exploitation Task Force, including members of the FBI, under the direction of Special Agent in Charge, Brian P. Boetig, Rochester Police Department under the direction of Chief Michael A. Ciminelli, and Monroe County Sheriff’s Office under the direction of Patrick M. O'Flynn.
Sentencing is scheduled for September 3, 2014 at 2:00 p.m., before Judge Larimer.Gang Member Sentenced on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jacob Rivera, a/k/a “JJ,” 20, who was convicted of conspiracy to distribute more than 280 grams of cocaine base, and possession of a firearm in furtherance of his drug trafficking activities, was sentenced to 17 years in prison by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that the defendant, along with several others, was part of a violent, street level drug trafficking organization that referred to themselves as “M.D.B.”, or “The Broezel Boys.” From 2010 until their arrest in the summer of 2013, members and associates of MDB operated an open air drug market in a multi block area near the intersection of Dewey and Lexington Avenues, including all of Broezel Street, the north end of Maryland Street, portions of Driving Park and portions of Lakeview Park, in Rochester.
M.D.B. members and associates also maintained several drug houses in Rochester, including the duplex residence at 325/327 Lexington Avenue, the upstairs apartment at 171 Maryland Street, the upstairs apartment at 316 Lakeview Park and 672 West Main Street, each for the purpose of possessing, manufacturing, distributing, and using controlled substances.
Rivera possessed firearms in furtherance of his drug trafficking activities and used violence and threats of violence against unaffiliated persons who attempted to sell illegal controlled substances within their territory and against certain witnesses who were viewed as hostile to the interests of M.D.B.
The sentencing is the culmination of an investigation on the part of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Office, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.Buffalo Man Charged with Social Security FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr., announced today that Ari Elias Baum, 29, of Buffalo, N.Y., was arrested and charged by criminal complaint with making a false statement to the Social Security Administration (SSA) and withholding material information from the agency concerning his eligibility to receive disability benefits. Each charge carries a maximum penalty of five years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that according to the complaint, in 2010, the defendant’s Social Security benefits were discontinued after it was determined Baum was outside the United States for a period exceeding 30 consecutive days. The complaint alleges that in December 2010 and again in March 2013, Baum was advised of his obligation to report to the SSA if he was outside the United States for 30 or more consecutive days.
According to border crossing records, the defendant was outside of the country continuously from March 22, 2013, until August 13, 2013. When contacted by the SSA on December 91, 2013, Baum failed to mention this to the agency. The complaint alleges that Baum left the United States again on January 1, 2014, and did not return until May 13, 2014. The defendant’s absence from the United States resulted in an overpayment of Social Security benefits exceeding $6,400.
Baum made an initial appearance on May 13, 2014 before U.S. Magistrate Judge Jeremiah J. McCarthy, who ordered the defendant detained pending a detention hearing scheduled for Thursday, May 15, 2014, at 1:30 pm.
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 complaint is the result of an investigation on the part of the United States Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge Edward J. Ryan and the Federal Bureau of Investigation.U.S. Attorney's Office Announces Final Conviction Involving Kensington Towers Asbestos Project; NYS Department of Labor Official is the Ninth Defendant to be ConvictedRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today the final conviction relating to the four year investigation and prosecution involving the asbestos abatement project at Kensington Towers. The announcement came as the ninth defendant, former New York State Department of Labor inspector Theodore Lehmann, 67, of Tonawanda, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to violating the Clean Air Act involving the negligent endangerment of the public. The charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.
“Today’s development brings to a close the prosecution of those responsible for endangering the public during the asbestos abatement project at the Kensington Towers,” said U.S. Attorney Hochul. “This prosecution revealed wrongdoing by those who contracted to perform the work correctly, both abatement and air monitoring employees. It showed further that public officials, ranging from City of Buffalo inspectors to a New York State official, also committed federal crimes. As shown once again by this prosecution, the Office will not permit those in either private employment or public service to endanger the health of the public.”
“Improper disposal of asbestos endangers human health and can seriously harm the environment," said Vernesa Jones-Allen, Special Agent in Charge of EPA’s Criminal Investigation Division in New York. "Government officials have a responsibility to protect those they serve. If they fail to do that, EPA will hold them accountable to protect the public's health and safety."
Assistant U. S. Attorneys Aaron J. Mango and Russell T. Ippolito, who are handling the case, stated that in June of 2009, Johnson Contracting was awarded a sub-contract to conduct the asbestos abatement project at Kensington Towers, a six-building complex owned by the Buffalo Municipal Housing Authority, located on the East side of Buffalo. In an environmental survey conducted before the commencement of the abatement project, it was estimated that each building at Kensington Towers contained in excess of 63,000 square feet of hazardous asbestos-containing material.
In January 2010, the New York State Department of Environmental Conservation received an anonymous telephone call indicating that friable asbestos was being mixed with non-friable asbestos in open containers at Kensington Towers. The caller further noted that work practice standards, designed to minimize the risk of asbestos becoming airborne during renovation and demolition activities, were not being followed. With demolition of the six Kensington Towers buildings imminent, the DEC partnered with Special Agents of the U.S. Environmental Protection Agency to investigate. That investigation revealed substantial quantities of asbestos containing materials still remained in all six buildings.
Had the Kensington Towers demolition occurred as scheduled, a significant amount of asbestos material would have been released into neighboring communities. The area immediately surrounding the Kensington Towers includes a residential area, two schools, multiple businesses and the Erie County Medical Center.
The defendant convicted today was employed by the New York State Department of Labor as an inspector. In this capacity, Lehmann was responsible for conducting periodic inspections to ensure compliance with state environmental regulations during the asbestos abatement project. During his inspections, the defendant negligently released asbestos into the air and negligently relied on previous inspections conducted by JMD Environmental Inc., and its employees, who were responsible for conducting air monitoring and testing at the site. JMD indicated all asbestos had been removed from the buildings when in fact a substantial quantity had been left in the building. The abatement work itself was to have been by Johnson Contracting of WNY, Inc. and its employees.
Defendant Lehmann is the ninth and final defendant to be convicted as part of the Kensington Towers asbestos abatement project. Also convicted:
• Johnson Contracting supervisors Ernest Johnson and Rai Johnson were convicted of violating Clean Air Act asbestos work practice standards;
• JMD project monitor and supervisor Evan Harnden was convicted of aiding and abetting a violation of the Clean Air Act asbestos work practice standards;
• JMD project monitors Chris Coseglia, Henry Hawkins and Brian Scott were convicted of being an accessory after the fact to a false statement under the Clean Air Act;
• City of Buffalo inspectors Donald Grzebielucha and William Manuszewski were convicted of a negligent endangerment charge under the Clean Air Act.
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.
Theodore Lehmann will be sentenced on August 22, 2014, 2014 at 12:00 p.m. before Judge Arcara.Jury Finds Arizona Man Guilty of Drug Trafficking ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has convicted Raul Eduardo Rivera de la Torre, 25, of Tucson, Arizona, of conspiracy to possess with intent to distribute, and to distribute, marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $2,000,000 or both.
Assistant U.S. Attorney Charles Moynihan, who handled the prosecution of the case, stated that the conspiracy began operations in March of 2007 and continued through April of 2010. During that time, members of the conspiracy shipped hundreds of pounds of marijuana from Tucson, Arizona, to Cleveland, Ohio, Port Chester, N.Y., Philadelphia, Pennsylvania, and Rochester, N.Y. The organization acquired marijuana from a supplier who was from Mexico. The Government’s proof showed that de la Torre, who is from Mexico and went to high school in the United States, was responsible for translating between the suppliers, who spoke Spanish, and the members of the conspiracy purchasing the marijuana and shipping it to the Northeast, including Rochester, who spoke English.
At trial, a Government witness, who was involved in the conspiracy, detailed that he would purchase marijuana from the Mexican supplier and would be assisted by the translations of the defendant. The witness testified that he would utilize various companies to ship marijuana packaged in boxes to various locations in Rochester. He then detailed that he later utilized over-land trucking companies to deliver crates full of marijuana to various locations in the Northeastern United States.
Another Government witness detailed how he was responsible for receiving the shipments of marijuana in Rochester and that he would distribute the marijuana once it arrived.
The conviction is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration under the direction of James J. Hunt, Acting Special Agent in Charge of the New York Division.
Sentencing is scheduled for September 3, 2014, at 3:00 PM before Judge Frank P. Geraci.Seneca Falls Man is Sentenced in Child Pornography CaseRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Lawrence Higgins, 63, of Seneca Falls, N.Y., who was convicted of possession of child pornography and being a felon in possession of a firearm, was sentenced to 150 months in prison and 20 years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the United States Postal Inspection Service received information that Higgins was ordering DVDs depicting child pornography from an "International Company." From November 2008 to March 2011, the defendant made 11 purchases. The DVDs were delivered to an address located on State Street in Seneca Falls.
A search warrant was executed by Inspectors from the Postal Inspection Service on November 14, 2012. Higgins admitted to ordering the DVDs and to possessing thousands of images of child pornography and hundreds of hours of videos of child pornography on his computers and digital storage media. The defendant has a prior conviction for sexual abuse in the first degree and admitted to possessing a rifle and ammunition.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of the United States Postal Inspection Service under the direction of Acting Inspector in Charge, Shelly A. Binkowski, Boston Division.Former Health Care Center Nursing Supervisor Indicted for Selling Hydrocodone and other Pain KillersRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul announced today a federal grand jury handed down a four-count indictment charging Catherine Vitello, 41, of Elma, N.Y., with possession with intent to distribute and distribution of hydrocodone, fentanyl and alprazolam, and maintaining a drug involved premises. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant was the Director of Nursing at the St. Catherine Laboure Health Care Center in Buffalo. According to the indictment, Vitello sold un-used prescription drugs from her office. These controlled substances included hydrocodone, fentanyl, and alprazolam. On three separate occasions in October 2013, the defendant sold hydrocodone, fentanyl and alprazolam to a confidential source working with the Drug Enforcement Administration.
The indictment is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Office, the Lackawanna Police Department, under the direction of Chief James Michel, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.10th Street Gang Member Sentenced for RICO ConspiracyRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 10th Street Gang member Brandon Bobbitt, 25, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO), was sentenced to 210 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on September 15, 2008, the defendant stole a car and gave it to 10th Street members who were looking to use it a drive-by shooting against rival 7th Street Gang members. The car was used in the drive-by shooting of Omar Fraticello-Lugo who was killed in the attack. Two other people and rival gang members were also injured during the incident.In addition, between 2008 and 2010, Bobbitt also sold cocaine and crack cocaine as part of his participation in the activities of the 10th Street Gang.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon.
The defendant is among 44 10th Street Gang members and associates charged in this case. A total of 38 have been convicted. Charges are pending against the six remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Wellsville Woman Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that April Patterson, of Wellsville, N.Y., who was convicted of conspiracy to manufacture, possess with intent to distribute and distribute, 50 grams or more of methamphetamine, was sentenced to 30 months in prison and ordered to pay $3,143 in restitution to the New York State Department of Environmental Conservation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that during the execution of a search warrant on January 26, 2012 at a residence on South Main St. in Wellsville, law enforcement officers discovered items used to manufacture methamphetamine and a quantity of methamphetamine. A search warrant was later executed at a residence on Madison Ave. in Wellsville. During that search, officers discovered an active methamphetamine laboratory.
The defendant was arrested along with her husband Jason Patterson, Anthony Kidd, John Faber and Justin McPherson. Justin McPherson was convicted and sentenced to 24 months in prison. John Faber was convicted and sentenced to xx months in prison. Jason Patterson and Anthony Kidd have been convicted and are awaiting sentencing.
Today’s sentencing is the result of an investigation on the part of the New York State Police, under the direction of Major Michael Cerretto, the Wellsville Police Department, under the direction of Chief Timothy Walsh, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.Rochester Woman Pleads Guilty to Tax FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kenyatta Hubbard, 33, of Rochester, N.Y., pleaded guilty to conspiring to defraud the United States before U.S. District Judge David G. Larimer. The charge carries a maximum sentence 10 years in prison, a fine of $853,766, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from 2010 to 2012, Hubbard worked at McFarland Tax Company preparing income tax returns. The defendant conspired with the owner of the business to prepare false income tax returns for clients. The scheme involved reporting fictitious employment in order to increase the Earned Income Tax Credit refunds claimed on behalf of the clients. As a result of the scheme, the United States was defrauded into paying tax refunds totaling $426,883.
The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.
Sentencing is scheduled for August 12, 2014, at 10:30 a.m. before Judge Larimer.Rochester Man Sentenced for Selling Counterfeit GoodsRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Carmelo Gimeli, 67, of Rochester, N.Y., who was convicted of trafficking in counterfeit goods, was sentenced to 24 months supervised release to include four months of electronic monitoring, by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that the defendant sold large quantities of counterfeit merchandise at the Walden Super Flea. During the execution of a search warrant, law enforcement officers seized more than 650 counterfeit purses, wallets, shoes and boots being sold under such names as Ugg, Michael Kors and Coach.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Buffalo Man Sentenced on Child Pornography ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Daniel Cay, 26, of Buffalo, N.Y., who was convicted of possession of child pornography, was sentenced to 10 years in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the Buffalo Police Department received information that the defendant possessed child pornography on a computer. Cay was subsequently arrested in January of 2013. A forensic examination of the computer revealed over 300 images of child pornography. Some of the images depicted violence against children.
The defendant was previously convicted in 2006 for Sexual Assault of a Minor 2nd Degree in Connecticut.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Two Men Indicted on Drug ChargesRead 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 Ricardo Melendez, aka Ricardo Sanchez, aka Pupu, 18, of Buffalo, N.Y. and Abraham Tiro-Sanchez, aka Shorty, aka Mexico, 22, of Mexico, with conspiracy to possess with intent to distribute more than a 100 grams of heroin and possession with intent to distribute 100 grams or more of heroin. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years and a 5,000,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on May 3, 2014, the defendants were pulled over by the New York State Police for a traffic stop. During a search of the vehicle, law enforcement officers recovered a quantity of heroin.
The defendants were arraigned this morning by U.S. Magistrate Judge H. Kenneth Schoreder. Both were ordered held and are due back in court on July 14, 2014.
The indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and Immigration and Customs Enforcement, Homeland Security Investigations,
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 City of Buffalo Officials Plead Guilty to Clean Air Act Violations Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that William Manuszewski, 59, and Donald Grzebielucha, 59, both of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to a negligent endangerment charge under the Clean Air Act. The charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.
Assistant U. S. Attorneys Aaron J. Mango and Russell T. Ippolito, who are handling the case, stated that during the asbestos abatement project at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo, both defendants were employed by the City of Buffalo as building inspectors. The asbestos abatement at Kensington Towers was conducted by Johnson Contracting of WNY, Inc., and the air monitoring was conducted by JMD Environmental, Inc.
On August 25, 2009, defendant Grzebielucha inspected building A-1 at Kensington Towers, and during the inspection, negligently allowed asbestos to be released in the air. Likewise, on January 15, 2010, defendant Manuszewski inspected building A-5 at Kensington Towers, and during the inspection, negligently allowed asbestos to be released in the air. During both inspections, the defendants admitted that they were negligent in relying on the previous inspections conducted by JMD employees that indicated all asbestos had been removed from the buildings.
Defendants Manuszewski and Grzebielucha are the seventh and eighth defendants to plead guilty as part of the Kensington Towers asbestos abatement project. Johnson Contracting supervisors Ernest Johnson and Rai Johnson, and JMD project monitors Evan Harnden, Chris Coseglia, Henry Hawkins and Brian Scott, have also been convicted. Charges are still pending against Theodore Lehmann, a public official at the time with the New York State Department of Labor, who was responsible for certifying the project’s compliance with applicable laws and regulations. The remaining defendant is due in court on May 13, 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 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 David Bennett. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.Sentencing for defendants Grzebielucha and Manuszewski is scheduled for August 18, 2014, 2014 at 12:30 p.m. and 1:00 p.m., respectively, before Judge Arcara.
Rochester Woman Sentenced for Workers Compensation FraudRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Amelia Jackson, 43, of Rochester, N.Y., who was convicted of workers compensation fraud, was sentenced to five years of probation, with the first six months on home detention, by U.S. District Court Judge Charles J. Siragusa. The defendant was also ordered to pay $14,524 in restitution.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant claimed to have sustained a work related injury in August of 2008 while employed by the United States Department of Veterans Affairs. As part of this claim, Jackson was limited in the amount of hours that she could work each day and was required to regularly report all outside income and employment. The defendant would regularly certify under oath that she was not engaged in any outside employment and that she was not receiving any other income. However, during this same time, Jackson opened and operated a liquor store in Rochester called “Last Call Liquors.”
Federal investigators observed the defendant going to her liquor store directly from her job at the VA during times she was falsely claiming to be home resting. During the times she was observed, Jackson did not seem to have any difficulty navigating the short staircase, reaching for, picking up, replacing bottles, or carrying the bag containing bottles to the door to give to customers. On at least one occasion, the defendant was recorded wearing her VA Identification while she was working in the liquor store.
As part of the investigation, Jackson appeared for an interview with a Workers Compensation Program representative to review her compensation file and current medical condition. Unknown to the defendant, the Workers Compensation Representative was actually an undercover federal agent. During this recorded interview, the defendant denied having any outside employment or income. At no time during this interview did Jackson disclose her ownership of a liquor store or any other employment outside of her federal job at the VA. During this interview, the defendant also falsely certified a Current Medical Assessment Evaluation denying outside employment or income. As a result of the defendant’s conduct, Jackson received $14,524.14 in Workers Compensation Benefits she would not otherwise be entitled to.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Department of Labor, New York Regional Office, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Cheryl Garcia, Acting Special Agent in Charge.
Former Postmaster Sentenced for Stealing Postal Service FundsRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Michael Kozina, 57, of Eden, N.Y., who was convicted of misappropriation of postal funds by a postal service employee, was sentenced to six months in prison by U.S. District Judge U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $27,345.75 in restitution to the U.S. Postal Service.
“We have stated on numerous occasions that those who work in Government owe the public the highest duties of honesty and integrity,” said U.S. Attorney Hochul. “This Office will not tolerate those who would steal from the taxpayers they serve.”
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Kozina was employed as Postmaster at the Lawtons, N.Y. Post Office between April 2, 2005 and July 31, 2012. As the Postmaster, the defendant accepted cash payments from more than 12 United States Postal Service customers for the purchase of money orders. Instead of depositing the cash payments into the USPS register, Kozina kept a portion of the cash for his own purposes. The defendant then falsified USPS records to make it appear that customers purchased money orders in an amount which was significantly less than what was actually paid.
As a result, losses to the USPS totaled $13,760.75. In addition, Kozina also stole $13,585 in post office box rental payments between January 1, 2009 and July 31, 2012.
The conviction was the culmination of an investigation on the part of Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-In-Charge Monica Weyler.Local 17 Member Sentenced for ExtortionRead the Press Release
BUFFALO, N.Y. -- The United States Attorney’s Office announced today George Dewald, 56, of Springville, N.Y., who was convicted of extortion, was sentenced to six months in prison, six 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 $240,000 in restitution to victims.
According to Assistant U.S. Attorney Anthony M. Bruce, who handled the case, Dewald was a member of Local 17 of the International Union of Operating Engineers. The defendant was part of campaign designed to force Marcy Excavation of Frankfort, N.Y., the low bidder on the 2003 expansion of the Chaffee Landfill in Chaffee, N.Y., to sign a collective bargaining agreement with Local 17. In May 2003, Dewald and three other Local 17 members went to the Chaffee Landfill under the cover of darkness and put sand used for sandblasting into the engines and hydraulic lines of nine separate pieces of heavy equipment. This caused significant delays in finishing the job and over $240,000 in damage to the equipment.
Dewald 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, Acting 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.Chemung County Man Convicted of Receiving, Possessing and Distributing Child PornographyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has convicted Terry M. Dickinson, 55, of Millport, N.Y., of distribution of child pornography, receipt of child pornography and possession of child pornography. The charges carry a mandatory minimum of five years in prison, a maximum of 20 years, a $500,000 fine or both.
Assistant U.S. Attorney Tiffany H. Lee, who handled the prosecution of the case, stated that an undercover agent in Elmira, N.Y., downloaded child pornography from the defendant, through a peer-to-peer software program, in June and July of 2010. Agents executed a search warrant at Dickinson’s residence in August 2010 and seized items of digital media, including computers, thumb drives and memory cards. A forensic analysis determined that the memory cards contained images and videos of child pornography.
The search warrant led to the discovery of a notebook containing handwritten notes that appeared to detail the defendant's sexual encounters with children.
“A study has shown that a significant percentage of people convicted of child pornography crimes have in fact been involved in hands on crimes against children,” said U.S. Attorney Hochul. “Were it not for the investigation into Dickinson’s online activities, none of his real world actions might ever haven been known.”
This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys' Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The conviction is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, investigators and troopers of the New York State Police, Troop E, under the direction of Major Scott Crosier; and deputies and Investigators from the Chemung County Sheriff’s Office under the direction of Sheriff Christopher Moss.
Sentencing is scheduled for September 3, 2014, at 10:00 a.m. before U.S. District Judge Elizabeth A. Wolford.Rochester Man Pleads Guilty to Drug ChargeRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ronald Cleveland, a/k/a Pretty Tony, a/k/a P.T., a/k/a Success, a/k/a Cess, 44 of Rochester, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine before U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $8,000,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Cleveland was a member of a Rochester-based drug conspiracy led by James Webb, a/k/a Butch, in which large quantities of powder cocaine were distributed, and also processed into crack cocaine, packaged and resold in various quantities in the City of Rochester. The defendant, who has prior felony drug and weapons convictions, and was still on parole after serving a 10 year prison sentence for a 1995 shooting, served primarily as the “muscle” or protection for the organization.
On June 14, 2011, Webb and others were arrested when law enforcement raided the epicenter of the drug operation at 392 and 401 Norton Street in Rochester. During the raids, officer seized over 40 grams of crack cocaine packaged for sale, a loaded 9mm handgun, $9,172 in U.S. currency, and paraphernalia for processing, packaging, and distributing cocaine. Cleveland was arrested on May 24, 2012 at his residence at 9 Parkside Avenue in Rochester by NYS Parole and Rochester Police.
Webb was convicted in March 2012 of conspiracy to possess with intent to distribute 280 grams or more of cocaine base and is awaiting sentencing.
The plea is the culmination of an investigation on the part of Rochester Police Department, under the direction of Chief Michael Ciminelli, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent in Charge Thomas J. Cannon, and the New York State Division of Parole, under the direction of Acting Commissioner Anthony J. Annucci.
Sentencing is scheduled for August 6 at 3:00 pm before Judge Geraci.Middleport Woman Sentenced for Wire Fraud and Filing False Tax ReturnsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Linda Rakonczay, 58, of Middleport, N.Y., who was convicted of wire fraud and filing false tax returns, was sentenced to 24 months in prison by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $93,999 in restitution to the Internal Revenue Service and $499,563 in restitution to Orleans Community Health.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant worked as a payroll coordinator for Orleans Community Health in Medina, N.Y. Beginning in 2001 and continuing through 2012, Rakonczay prepared and submitted reports to the organization’s bank instructing the bank to electronically transfer money from the corporate bank account to her personal bank account. The amount transferred from the organization’s bank account to the defendant’s account totaled $499,563. For tax years 2007 through 2012, Rakonczay failed to report such income and failed to pay federal taxes to the Internal Revenue Service totaling nearly $94,000.
The sentencing is the result of an investigation on the part of Special Agents of Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.Jamestown Nurse Sentenced for Conspiring to Distribute OxycodoneRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Samilyn Olson, 47, of Jamestown, N.Y., who was convicted of conspiracy to distribute oxycodone, was sentenced to one year home detention and three years of supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that Olson is a former nurse at the Veterans Affairs Community Based Outpatient Clinic, in Jamestown. The clinic provides medical services to VA patients in the area. On eight occasions between May and September 2010, the defendant stole prescription forms from a nurse practitioner at the clinic, forged the nurse practitioner=s name and wrote prescriptions for oxycodone. The prescriptions were then filled by Olson or others at a local pharmacy in Jamestown, New York and then distributed.
The sentencing is the result of an investigation on the part of the Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Jeffrey G. Hughes, Northeast Field Office, the Veterans Affairs Police Department, under the direction of Acting Chief Stephen Colville, and the Jamestown Police Department, under the direction of Chief Harry Snellings.Jamaican Man Sentenced for Role in Greece Triple Murder and for Assaulting Federal Jail GuardsRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Andrew Wright, 44, a citizen of Jamaica, was sentenced to four consecutive life terms, plus five years, by U.S. District Judge Charles J. Siragusa for participating in a large, multistate marijuana distribution conspiracy and murdering three men in furtherance of that conspiracy in the Town of Greece in March, 2010.
“Today’s sentencing brings to a successful conclusion a very violent and tragic episode in our community,” said U.S. Attorney Hochul. “These defendants will never again inflict further violence on the residents of Western New York. This case is also a great example of the cooperative efforts of our Office working closely with our law enforcement partners at all levels. We will continue to pursue members of other violent criminal organizations with the same vigor until such gangs are no more.”
In December, 2013, a jury convicted Wright and his two co-defendants, Richard Anderson and Aston Johnson of murdering Robert Moncriffe, Mark Wisdom and Christopher Green in Greece on March 9, 2010. The evidence presented by the Government at trial established that in the days prior to March 9, the defendants traveled to Rochester from Phoenix, Arizona and planned the murders. The evidence also showed that Anderson, Johnson and Wright targeted the victims because they believed Moncriffe, Wisdom and Green were cheating them out of proceeds from the sale of marijuana. The defendants went to the apartment in Greece where the three victims lived. They bound and gagged Christopher Green and waited for Moncriffe and Wisdom to arrive home. Once they arrived, the defendants shot the three men to death at the same time.
In a separate case, Wright was also sentenced for assaulting two federal guards at the Buffalo Federal Detention Facility in Batavia New York. A jury convicted Wright of these assaults in May 2011, but sentencing had been postponed pending the outcome of the triple homicide and marijuana distribution case. Judge Siragusa sentenced Wright to 20 years on each of the two counts of assaulting the federal guards, such sentences to run concurrent to each other, but consecutive to the life terms.
In addition to sentencing the defendant to life in prison, Judge Siragusa also imposed a $1,000,000 forfeiture judgment against defendant Wright as well as the forfeiture of three guns seized at the house in Phoenix, Arizona.
Co-defendants, Richard Anderson and Aston Johnson, had been previously sentenced on March 11, 2014, to life sentences.
The investigation of the assault of the two federal guards in Batavia was handled by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Field Office Director, Michael T. Phillips.
Today’s sentencing is the result of an investigation conducted by the Greece Police Department under the direction of then Chief Todd Baxter and current Chief Patrick Phelan; the Federal Bureau of Investigation; the New York State Police, under the direction of Major Mark Koss; the Rochester Police Department under the direction of Chief Michael Ciminelli; the U.S. Marshal’s Service under the direction of Marshal Charles Salina; the Monroe County Sheriff’s Department, under the direction Sheriff Patrick O’Flynn; the Monroe County Crime Analysis Center; the U.S. Postal Inspection Service, Boston Division, under the direction of Acting Inspector in Charge, Shelly A. Binkowski; the U.S. Immigration and Customs Enforcement, under the direction of Special Agent in Charge James C. Spero; the U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, Jr,; the New York/New Jersey High Intensity Drug Trafficking area; the Franklin County, Ohio Sheriff’s Department; the Arizona Department of Public Safety; and the Los Angeles Police Department.Georgia Man Pleads Guilty to Wire FraudRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Rodney Walker, 44, of Atlanta, Georgia, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to wire fraud. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant created an investment loan scheme which resulted in $175,000 dollars in financial losses to an investment company located in the Western District of New York. Walker represented to the victim investment company that he and a co-conspirator could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the investment company that he could monetize the stand by letter of credit which would provide the investment company with $100 million dollars in loans. As part of the scheme, Walker required the investment company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The investment company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirator, used the funds for their own purposes.
The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.
Sentencing is scheduled for August 19, 2014 at 12:00 p.m. before Judge Arcara.Corfu Man Sentenced for Distribution of Child PornographyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that David Woods, 37, Corfu, N.Y., who was convicted of distribution of child pornography, was sentenced to 120 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that Woods used an on-line bulletin board system designed for viewing and sharing images and videos of child pornography. Using the email address [email protected], the defendant collected and distributed over 12,000 videos and 20,000 images of child pornography. Many of the images portrayed children, including infants and toddlers, being subjected to bondage and rape by adults.On March 6, 2012, the defendant uploaded eight videos depicting young female victims. On the bulletin board, Woods stated “I hope this gets me into VIP, but even if it doesn’t, I figured I would share.” On April 17, 2013, law enforcement officers executed a search warrant at the defendant’s residence and seized a laptop and other digital equipment containing the images of child pornography.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Buffalo Man Pleads Guilty to Clean Air Act Violation Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Rai Johnson, 35, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to violating the Clean Air Act asbestos work practice standards. The charge carries a maximum penalty of five years in prison, a fine of $250,000 or both.
“Todays’ conviction means that all defendants who worked directly on the Kensington Towers asbestos removal project – and who intentionally violated federal environmental laws while doing so - have now been brought to justice,” said U.S. Attorney Hochul. “This Office will not permit any company or person – including public officials - to jeopardize the health and well-being of the community through their violation of federal law.”
Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a supervisor at Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010
During the asbestos abatement of building A-1, Johnson, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by: (i) failing to adequately wet Regulated Asbestos during stripping and removal operations; (ii) failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers; and (iii) causing Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.
Rai Johnson is the sixth defendant to plead guilty as part of the Kensington Towers asbestos abatement project. Ernest Johnson, and JMD project monitors Evan Harnden, Chris Coseglia, Henry Hawkins and Brian Scott, have also been convicted. Charges are still pending against 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 are expected to go on trial May 13, 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.
Sentencing is scheduled for August 18, 2014, 2014 at 1:00 p.m. before Judge 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 David Bennett. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.Wellsville Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that John R. Faber, 28, of Wellsville, N.Y., who was convicted of conspiracy to manufacture, possess with intent to distribute and distribute, 50 grams or more of methamphetamine, was sentenced to 40 months in prison and ordered to pay $3,143 in restitution to the New York State Department of Environmental Conservation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that during the execution of a search warrant on January 26, 2012 at a residence on South Main St. in Wellsville, law enforcement officers discovered items used to manufacture methamphetamine and a quantity of methamphetamine. A search warrant was later executed at a residence on Madison Ave. in Wellsville. During that search, officers discovered an active methamphetamine laboratory.
The defendant was arrested along with Jason Patterson, his wife April Patterson, Anthony Kidd, and Justin McPherson. Jason Patterson, April Patterson and Anthony Kidd have been convicted and are awaiting sentencing. Justin McPherson was convicted and sentenced to 24 months in prison.
Today’s sentencing is the result of an investigation on the part of the New York State Police, under the direction of Major Michael Cerretto, the Wellsville Police Department, under the direction of Chief Timothy Walsh, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.South Dakota Man Sentenced for Distribution of Child PornographyRead the Press Release
BUFFALO, N.Y.B U.S. Attorney William J. Hochul, Jr. announced today that Jesse Adams, 27, of Rapid City, South Dakota, who was convicted of distribution of child pornography, was sentenced to 144 months in prison by Chief U.S. District Judge William M. Skretny.
Special Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that the investigation began when an undercover agent in Utah received emails and images depicting child pornography from Adams who is a student attending a local college.
On April 12, 2013, law enforcement officers executed a search warrant at the defendant’s dormitory residence and seized a laptop computer, thumb drive, and a cellular telephone. A forensic examination revealed one video and close to 90 images of child pornography. Some of the images depicted children under 12 years old.
Adams utilized a website called vampirefreaks.com where he met four minor females that he communicated with. At the request of the defendants, some of the minor females sent Adams naked photos of themselves. The defendant also sent naked photos of himself to some of the minor females.
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 Complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent-In-Charge.
Los Angeles Woman Pleads Guilty to Conspiracy and Identity TheftRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Doree McGee, 39, of Los Angeles, California, pleaded guilty to conspiracy and aggravated identity theft charges before U.S. Magistrate Judge Marian W. Payson. The charges carry a mandatory minimum penalty of two years in prison, a maximum of 32 years, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that in 2010 and 2011, McGee conspired with Cassandra Montrevel, and others, to defraud Bank of America. The scheme involved the defendants posing as actual Bank of America account holders. They used fake driver’s licenses and other means of identification, and made cash withdrawals from actual customer accounts. Traveling from California to cities around the nation, McGee and others defrauded Bank of America of more than $325,000. The scheme came to an end on March 18, 2011, when Montrevel was arrested in a bank branch in Irondequoit, N.Y. Montrevel was convicted and sentenced to 70 months in prison for her role in the scheme.
The plea is the culmination of an investigation on the part of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast, the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Gates Police Department, under the direction of Chief James VanBrederode, the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, and the Batavia Police Department under the direction of Chief Shawn Heubusch.
A sentencing date will be scheduled at a later date.Buffalo Man Sentenced on Drug ChargeRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Joseph Lopez, 44, of Buffalo, N.Y., who was convicted of possession of cocaine with intent to distribute, was sentenced to nine years in prison by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 3, 2011, law enforcement officers executed a search warrant at the defendant’s residence on Hertel Avenue in Buffalo. During the search, officers seized approximately 400 grams of cocaine, approximately $8,000 in U.S. currency, and three firearms.
The sentencing is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division.Buffalo Man Pleads Guilty to Clean Air Act Violation Involving Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Ernest Johnson, 42, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to violating the Clean Air Act asbestos work practice standards. The charge carries a maximum penalty of five years in prison, a fine of $250,000 or both.
Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was the president of Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.
During the asbestos abatement of building A-1, the defendant, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by failing to adequately wet Regulated Asbestos during stripping and removal operations and by failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers. The defendant also caused Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.
Johnson is the fifth defendant to plead guilty as part of the Kensington Towers asbestos abatement project. In addition to Ernest Johnson, other charged defendants include Rai Johnson, JMD project monitors Evan Harnden, Chris Coseglia, Henry Hawkins 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 are expected to go on trial May 13, 2014 before U.S. District Court Judge Richard J. Arcara. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of Special Agents of the 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 David Bennett. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.
Sentencing is scheduled for August 15, 2014, 2014 at 1:00 p.m. before Judge Arcara.Buffalo Man Pleads Guilty to Bank RobberyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Tynes, 54, of Buffalo, N.Y., pleaded guilty to bank robbery before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 20 years in prison, a 250,000 fine or both.
According to Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, Tynes robbed two M&T Banks:
• On August 7, 2013, the defendant entered M&T Bank, located at 133 Jefferson Avenue, Buffalo, and passed the teller a demand note stating: “This is a stick up. Give me 30. $100.00 bills. And 40. $50.00 bills. No dye packs. I have a crew outside. If I am not out of here in 4 min, they will come in. Do not sound alarm.” The teller gave Tynes an amount of money.
• On September 11, 2013, the defendant entered M&T Bank, located at 1300 Jefferson Avenue in Buffalo and passed the teller a demand note stating: “Fast. This is a stick up. No dye packs. I have a crew outside. Don’t sound alarm. 30. $100.00 dollar bills 40. $50.00 dollar bills. FAST!” The teller gave Tynes an amount of money.
The plea is the culmination of an investigation by the Federal Bureau of Investigations Safe Streets Task Force and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for August 15, 2014 at 12:30 p.m.Former Buffalo Woman Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jacquelyn Witman, 31, formerly of Buffalo, N.Y., now residing in the Atlanta, Georgia, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, marijuana, before Chief U.S. District Court Judge William M. Skretny. The charge carries a maximum sentence of five years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2010 and February 2011, the defendant conspired with others to distribute marijuana. On February 21, 2011, Witman attempted to board a flight at the Buffalo Niagara International Airport to Arizona. During a security screening, screeners found $21,150 in U.S. currency, money the defendant admitted was the proceeds of marijuana sales.
During the investigation, law enforcement officers seized approximately $1,000,000 in U.S. currency.
Other defendants charged in the case include Shane Grafman, of Phoenix, Arizona and Elijah Chaffino, of Tempe Arizona, who have been convicted and are awaiting sentencing. Charges are still pending against defendants Jordan Ali, formerly of Alden, N.Y, Jason Nati and Gabriel Rodriguez, both of Buffalo, N.Y. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office; United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Shelly A. Binkowski; Federal Bureau of Investigation; Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; Niagara Frontier Transit Authority, under the direction of Chief George Gast; Tempe, Arizona Police Department; Apache County, Arizona Sheriff's Department; and Oklahoma State Police.Rochester Man Arrested for Bank RobberyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Thomas A. Visconte, 58, of Rochester, N.Y., was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the complaint, on April 22, 2014, the defendant robbed the Chase Bank at 520 Portland Avenue in Rochester. The complaint states that Visconte entered the bank and handed a teller a note that read, “This is a robbery, gimme all of the $100s, $50s, $20s, and $10s, I have a gun.” As the teller complied and began to hand the defendant money from her drawer, Visconte stated, “Gimme more, hurry up.” After taking the money, the defendant took back the demand note, left the bank and fled the scene in a car.
Visconte made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson. He is due back in court May 27, 2014, at 9:00 a.m.
The charges are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Pennsylvania Man Sentenced for Producing Child PornographyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Randall Lose, 37, of Howard, Pennsylvania, who was convicted of production of child pornography, was sentenced to 20 years in prison and 10 years supervised release by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Marie P. Grisanti and Maura O’Donnell, who handled the case, stated that the City of Tonawanda Police Department received a complaint from the parent of a thirteen year old and notified the Federal Bureau of Investigation. The defendant, who resided in Pennsylvania, used the Internet to communicate with and obtain sexual explicit videos of a minor female living in Western New York.
Knowing that the victim was thirteen years old, Lose represented himself as a fellow teenager, claiming that he was 14 years old. The defendant convinced the victim to take her clothes off and to engage in graphic sexual activity as he watched over Skype from his residence in Pennsylvania. As he watched and recorded, Lose gave the victim instructions about what conduct to engage in. The defendant also tried to get the victim to give him information about her friends so he could communicate with them as well.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the City of Tonawanda Police Department, under the direction of Chief William Strassburg and the Cheektowaga Police Department, under the direction of David Zak.
Florida Woman Sentenced in $24 Million Dollar Mortgage Fraud CaseRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Elsy Alvarez, 64, of Miramar, Florida, who was convicted of wire fraud affecting a financial institution, was sentenced to 18 months in prison and ordered to pay restitution totaling $415,282.28 by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that Alvarez was an employee of the Federal Guaranty Mortgage Company based in Florida, and was responsible for preparing loan packages and forwarding the documents to investor financial institutions. In legal transactions, financial institutions purchase loans originated by mortgage companies, allowing the mortgage company to receive immediate payment, and the financial institution the interest paid over time.
During the scheme, the defendant signed multiple loan documents using multiple names. Alvarez forwarded these documents to multiple investor financial institutions, one of which was M&T Bank. The defendant knew that by sending the loan documents to multiple financial institutions, a single property had multiple loans in the name of multiple persons, a fact which was not disclosed to the financial institutions. The proceeds of the fraudulent loans were subsequently wired into the account of a company associated with the Federal Guaranty Mortgage Company.
As a result of the defendant's actions, M&T Bank was one of nine financial institutions to suffer a loss. The parties estimated that the total fraud scheme amounted to approximately $24,000,000.
Frank Garcia, the owner of Federal Guaranty Mortgage Company, has also been convicted in this case 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 sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.Elmira Man Indicted for Production of Child PornographyRead 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 four-count indictment charging Shannon Lewis, 40, of Elmira, N.Y., with producing images of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of 30 years, a fine of $250,000 or both.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the indictment, the defendant videotaped a child engaged in sexually explicit conduct. Specifically, Lewis is charged with filming the child while he and another adult male abused 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 indictment was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and Investigators with the Elmira Police Department, under the direction of Chief Michael Robertson.