Western District of New York
Press releases recorded for this federal judicial district.
Rochester Man Sentenced on Drug Conspiracy and Money Laudering ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Albert L. Sturgis, 51, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine, 50 grams or more of cocaine base, and one kilogram or more of heroin and money laundering, was sentenced to 130 months in prison and 10 years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Jennifer M. Noto, who handled the case, stated that the defendant was a well-known drug dealer operating primarily on the West side of the City of Rochester and was responsible for the distribution of numerous kilograms of cocaine in the Rochester area. Sturgis and 11 others were arrested in February 2010 after a nearly year-long investigation conducted by Federal and State authorities and involving the court-authorized interception of wire communication on cellular telephones utilized by the defendant and others in the drug conspiracy. All 12 defendants have been convicted, Sturgis is the eighth defendant to be sentenced. This is Sturgis’ third felony drug conviction.
The sentencing is the culmination of a multi-agency investigation under the Organized Crime Drug Enforcement Task Force (OCDETF) initiative. Federal and State law enforcement agencies, including Special Agents of the Bureau of Alcohol Tobacco Firearm and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, Special Agents of the Criminal Investigation Division of the Internal Revenue Service, Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, and officers from the Rochester Police Department, under the direction of chief Michael Ciminelli, worked in concert with the United States Attorney's Office in the year-long investigation.Final Defendant Pleads Guilty to RICO Conspiracy and Gun Charge on Eve of Schedule TrialRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 10th Street Gang member Tony Peebles, 27, of Buffalo, N.Y., pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) and discharging a firearm during a crime of violence before U.S. District Judge Richard J. Arcara. The charges carry a minimum penalty of 10 years in prison, a maximum of life, a $250,000 fine or both.
“For the past several years, this office has been relentless in its pursuit of violent gang members and narcotics traffickers,” said U.S. Attorney Hochul. “The results speak for themselves with more than a hundred fifty predators behind bars, dozens of violent crimes solved and ever declining violent crime rates across the District. Let today's developments and likely sentence be heard loud and clear by any remaining gang members- your days are numbered.”Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant participated in seven shootings during which eight victims were struck by bullets, some suffering life threatening injuries. Between 2000 and 2010, Peebles was a member of the 10th Street Gang. As a part of their involvement in the gang, the defendants, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo. The violent acts by members of the 10th Street Gang included two murders.
Sentencing is scheduled for July 30, 2014 at 1:00 p.m. before Judge Arcara.
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.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.10th Street Gang Member Sentenced on Racketeering ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 10th Street Gang member Charles Watkins, 33, of Buffalo, who was convicted of RICO conspiracy, was sentenced to 65 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 between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Watkins, along with other members and associates of the gang, sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.
The defendant is among 44 10th Street Gang members and associates charged and convicted in this case.
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 Delano A. Reid, New York Field Division.
10th Street Gang Member Pleads Guilty to RICO Conspiracy Involving a Murder; Five Others Also Plead Guilty to RICO ConspiracyRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 10th Street Gang member Miguel Moscoso, 23, of Buffalo, N.Y., pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) before U.S. District Judge Richard J. Arcara. The defendant murdered Christian Portes, a member of the rival 7th Street Gang, on June 13, 2009 at the corner of Whitney Place and Maryland Street. Moscoso faces a maximum sentence of life in prison and a $250,000 fine.
In addition, five other members of the 10th St. Gang pleaded guilty to Racketeering charges. Defendants Matthew Deynes, 32, David Deynes, 32, Charles Watkins, 32, and Nourooz Ali, 30, all of Buffalo, face a maximum sentence of 20 years in prison and a $250,000 fine. Defendants Desmond Ford, 32, also of Buffalo, faces a maximum sentence of life in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2010, the defendants were members of the 10th Street Gang. As a part of their involvement in the gang, the defendants, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.
The defendants are among 44 10th Street Gang members and associates charged in this case. A total of 37 have been convicted.
The pleas are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.
Matthew Deynes and David Deynes will be sentenced on July 18, 2014; Desmond Ford will be sentenced on July 24, 2014; Charles Watkins will be sentenced on July 25, 2014; Nourooz Ali, will be sentenced on July 28, 2014, and Miguel Moscoso will be sentenced on July 30, 2014 at 12:30 p.m., all before Judge Arcara.Brighton Man Sentenced for Defrauding InvestorsRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that John Zdanecis, 79, of Brighton, N.Y., who was convicted of mail fraud, was sentenced to five years probation by U.S. District Judge Charles G. Siragusa. The defendant was also ordered to pay $82,500 in restitution to victims.
Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant solicited investors to participate in a commodities trading pool, Comtra Limited, that he controlled. Zdanecis then used most of the money for personal and business expenses, and did not invest it in commodities as promised. To conceal his scheme, the defendant sent his investors periodic account statements that were false and misrepresented the true condition of the investments. As a result of the fraud, investors lost more than $160,000.
At sentencing, the defendant was subject to a recommended sentencing guideline range of 33 to 41 months in prison.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.Appeals Court Affirms Conviction of Rochester Asbestos Contractor Violating Clean ActRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that the United States Court of Appeals for the Second Circuit affirmed the November 2010 conviction of asbestos contractor Keith Gordon-Smith, owner of Gordon-Smith Contracting. The defendant was convicted after a jury trial of multiple counts of violating the Clean Air Act and was sentenced in September 2011 to 72 months in prison and ordered to pay $300,000 in restitution by Judge Charles J. Siragusa. The company, also convicted at trial, was ordered to pay $44,000 in fines.
This is the second significant development involving environmental prosecutions and the Clean Air Act in the past several days. On March 19, 2014, the United States Attorney’s Office obtained a $24 million fine and restitution order against Tonawanda Coke for a decades long release of the poisonous gas Benzene from its production facilities which, a jury found after trial, also violated the Federal Clean Air Act.
“These cases show the commitment of this Office to protecting the community and environment, while also ensuring a level playing field for all who conduct business in this area,” U.S. Attorney Hochul said.
According to Assistant U.S. Attorney Joseph J. Karaszewski, who handled the appeal on behalf of the Government, the Court of Appeals rejected Gordon-Smith’s argument that evidence presented at trial was insufficient and therefore his conviction should be overturned. The Court of Appeals ruled that the evidence presented by the Government was sufficient to support the jury’s verdict.
Specifically, the defendant argued that there was not enough evidence to support the claim that he violated the Clean Air Act by failing to notify the Environmental Protection Agency before beginning asbestos removal at Cobbles Elementary School in Penfield, N.Y. The Court ruled that the failure to notify the EPA was deliberate, and not the result of “carelessness or some other innocent reason,” as Gordon-Smith claimed.
The jury convicted Gordon-Smith of multiple counts of failure to notify the EPA about asbestos related work done on several sites within the Western District of New York. Federal law requires that a contractor notify the EPA prior to performing any work which would disturb a jurisdictional amount of asbestos so that inspectors can ensure that proper safeguards are in place. Gordon-Smith performed major asbestos abatement or renovation work at several area projects, including schools, colleges, and the Genesee hospital complex, without ever notifying the appropriate federal agency. When EPA Criminal Investigators visited the sites, they found asbestos left behind on pipes, walls, in utility rooms and other places. Several of those locations required additional asbestos abatement to remove the material left behind.
The Gordon Smith case was investigated by Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division, under the direction of William Lometti; the United States Department of Labor, Office of Inspector General, under the direction of Acting Special Agent in Charge Cheryl Garcia; Occupational Safety Health Administration, Buffalo Office, under the direction of Art Dube, and the New York State Department of Labor, Asbestos Control Bureau, under the direction of Maureen Cox.Three Time Convicted Felon Sentenced on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jewell Wiggins, 46, of Rochester, N.Y., who was convicted of possession of cocaine with intent to distribute and possessing a firearm while being a convicted felon, was sentenced to 188 months in prison by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that the defendant was arrested after members of the Rochester Police Department, while conducting a routine traffic stop of his car, found the defendant in possession of a loaded .45 caliber Colt Combat Commander semiautomatic handgun. During the investigation, Wiggins made several admissions to possessing the firearm.
Once under arrest for possessing the firearm, the defendant was transported to the Rochester Police Department Public Safety Building. During this transport, the Rochester Police Department officer observed Wiggins moving around in the backseat of the police vehicle. As this was happening, the defendant stated, “I just want you to know, I’m only moving around back here because I have a bad leg, not because I’m doing anything funny.” The officer searched the rear of his patrol vehicle after he had turned the defendant over the Monroe County Jail and found that the defendant had discarded thirty small bags of cocaine and five small bags of marijuana. Officers also found that the defendant possessed over $300.00 in United States currency.
The sentence is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, and the Rochester Police Department, under the direction Chief Michael Ciminelli.Rochester Man Sentenced for Performing Phantom Testing on Military Radios and SonobuoysRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Steve Wysocki, 50, of Newark, N.Y., who was convicted of filing false statements with the United States Government, was sentenced to 24 months in prison by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to pay $299,000 in restitution.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Wysocki was Testing Manager for Flightline Systems, a Victor based defense contractor working on United States Army and Navy projects. The defendant oversaw product testing for the KG-40 military radio system as well as the SH-60 Sonobuoy system.
The KG-40 is a tactical radio encryption system used by the US Army and Navy and sold for export to foreign countries. It consists of several components including the radio, a remote, and a tray. The SH-60 Sonobuoy system is an Anti-Submarine Warfare (ASW) device. The system includes a small sonar unit which is released from both fixed and rotor wing ASW aircraft as well as various other components including external preamps.
Both the KG-40 and Sonobuoy programs have contractual manufacturing and testing requirements imposed by the United States Department of Defense. Among these protocols is something know as vibration testing. This process subjects the various items to prolonged vibration exposure using a vibration table equipped with pressure plates. The items are placed on the vibration table during the manufacturing process for a pre-set period of time to ensure that they will survive real world conditions on ships and aircraft.
The components are hooked up to a computer during testing which monitors their performance and then produces a unique graph upon successful completion. Due to many individual testing variables, no two items will produce the exact same testing graph. The graphs are unique to each item, and are stamped with the time and date of the test as well as the serial number of the item tested. The graphs are signed by the table operator and are then made part of the items “traveler file” which accompanies each item throughout the assembly and testing process. Each item tested must have a copy of a passing vibration table graph in the file in order to be released to the military. The vibration tests were run at Flightline’s Victor facility.
During the investigation, Special Agents from the FBI and Army Criminal Investigation Division learned that Wysocki was both personally falsifying vibration graphs as well as directing other subordinates to do so. Wysocki would then print the false graph, or direct others to do so, and include this false document in the items history, thus proving that it was successfully tested, even though as he knew, the item was not properly tested. He referred to this process as “phantom vibe testing.”
As a result of the defendant’s conduct, individual components had to be re-tested costing the Department of Defense $299,094.00
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation; Special Agents of the U.S. Army Criminal Investigation Division Command, Major Procurement Fraud Unit (MPFU), under the direction of Special Agent in Charge, L. Scott Moreland; Naval Criminal Investigative Service (NCIS), Northeast Field Office under the direction of Special Agent in Charge, Jeremy Gauthier; and the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS), under the direction of Special Agent in Charge, Craig Rupert.Retired Boston Police Officer Arrested; Indicted in Investment Fraud SchemeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a five-count indictment charging Daniel Rice, 50, a retired Boston, MA, police officer, with wire fraud and conspiracy to commit wire fraud. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that Rice is charged with causing a broker from Montana to wire $250,000 in March 2009 to Carnic Services LLC, one of the “New Frontier” companies controlled by Michael Wilson, formerly of Hamburg, N.Y. According to the indictment, by March 2009, Rice the defendant knew that Michael Wilson’s companies failed to pay out on deals promising large returns in short periods of time. Wilson is currently under indictment for deals entered into by his companies in 2008 through 2010.
The indictment against Rice also charges that, in two deals brokered in January and July of 2010, the defendant intentionally failed to tell the same Montana broker that the company offering the investment program, “Zodiak Capital,” was another of Wilson’s companies. As a result, in January 2010, the Montana broker wired $100,000 to Rice, who kept $40,000 before passing the remaining $60,000 on to a Wilson account at HSBC Bank in Buffalo. In July 2010, Rice was involved in a second deal with Zodiak, and again failed to tell the Montana broker about Zodiak’s connection to Wilson’s companies. As a result, on July 15 and 19, 2010, a total of $71,875.00 of a different investor’s money was wired to accounts in the Buffalo area controlled by Zodiak. None of these deals paid out. The only money ever recovered was the $71,875 wired to Zodiak in July 2010, which was recovered because the government quickly applied to have the receiving bank accounts frozen. The funds eventually were returned to the investor, who lives in Utah.
Rice was arrested today in Stoughton, Massachusetts and made an appearance in U.S. District Court in Boston, after which he was released. The defendant will be arraigned in Buffalo before U.S. Magistrate Judge Jeremiah J. McCarthy on March 28, 2014 at 2:30 p.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, with assistance from the Boston Police Department Anti-Corruption Division.
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.Amherst Man Sentenced for Filing Fraudulent Tax ReturnsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Marc Walker, 53, of Amherst, N.Y., who was convicted of filing a false claim against the United States, was sentenced to two years probation by Chief U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay restitution to the Internal Revenue Service in the amount of $23,694.
Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that the defendant, who is employed by American Airlines, filed federal tax returns for the tax years 2007 through 2011, in which he fraudulently overstated the amount of tax payments withheld from his wages. As a result, Walker claimed that he was entitled to tax refunds totaling $46,278 for those years, $23,694 of which was received by the defendant.
Walker’s criminal conduct was uncovered during the course of a civil audit of a business venture the defendant operated which was unrelated to his employment with American Airlines. The auditor observed that Walker’s tax returns claimed American Airlines had withheld several thousand dollars each year for federal taxes while IRS records showed only minimal amounts of withhold because Walker had claimed 99 exemptions on his W-4 form. When the auditor asked the defendant to verify the withholding amounts, Walker submitted fake W-2 statements to the civil auditor that claimed that American Airlines had withheld a significant portion of his earnings. Once the civil auditor reviewed the true W-2 forms submitted by American Airlines, which stated that only minimal amounts had been withheld from Walker’s pay for taxes, the case was referred to the IRS criminal division.
The sentencing is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.Tonawanda Coke and Manager Sentenced for Violating the Clean Air Act and Resource Conservation and Recovery ActRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul Jr. and Acting Assistant Attorney General Robert G. Dreher, of the Environment and Natural Resources Division of the U.S. Department of Justice, announced today that the Tonawanda Coke Corporation, which was convicted of 11 counts of violating the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act by a federal jury in March 2013, was sentenced to pay a $12.5 million fine and five years probation by Chief U.S. District Judge William M. Skretny. Judge Skretny also ordered Tonawanda Coke to pay $12.2 million to fund two environmental studies to help determine the extent of health and environmental impacts Tonawanda Coke has had in the community.
The fine is one of the largest fines ever levied in an air pollution case involving a federal criminal trial.In addition, Tonawanda Coke Environmental Control Manager, Mark L. Kamholz, 66, of West Seneca, N.Y., who was convicted of 11 counts of violating the Clean Air Act, one count of obstruction of justice and three counts of violating the Resource Conservation and Recovery Act, was sentenced to 12 months in prison and a $20,000 fine.
“Today’s sentencing holds Tonawanda Coke and its Environmental Control Manager accountable for one of the most egregious environmental pollution crimes in this area's history,” said U.S. Attorney Hochul. “As found by the jury, these defendants released hundreds of tons of poisonous, benzene-laden gas containing into the atmosphere, while also dumping additional hazardous waste out in the open. Such conduct is the equivalent to releasing known killers into the community. As expressed in citizen letters, this criminal conduct at a minimum caused substantial emotional and psychological harm, to say nothing of possible physical harm. The fact that remedial measures would have cost a small fraction of the company's multi-million dollar profits only adds to the seriousness of these crimes.”“This sentence holds Tonawanda Coke Corporation and its environmental manager accountable for attempting to deceive federal and state environmental regulators while exposing the local community to toxic emissions,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The environmental regulations designed to protect our citizens also place trust in industry not to choose pollution over profit. Tonawanda Coke Corporation betrayed that trust. We hope the federal and state investigation, prosecution and sentencing of Tonawanda begins to bring justice to a community that has born too high a burden for having simply been the neighbor of Tonawanda Coke. They deserved a better neighbor.”
“People living and working in the Tonawanda community were exposed to toxic coke oven emissions that may have serious effects on their health and I commend the hard-working residents who have stood up to a major local polluter,” said Judith A. Enck, U.S. Environmental Protection Agency Regional Administrator. “This sentence is the culmination of years of investigative and legal work on the part of EPA and others to bring the Tonawanda community some environmental justice.”
"The NYS Department of Environmental Conservation (DEC) has worked closely with the Department of Justice and Environmental Protection Agency to address serious environmental violations at Tonawanda Coke," said DEC Commissioner Joe Martens. "This sentencing is an important step in redressing the environmental insults borne by the Tonawanda community based on Tonawanda Coke Corporation's gross disregard for federal and state environmental laws. DEC will continue to work on the civil enforcement action with our federal partners to further protect public health and the environment."
According to Assistant U.S. Attorney Aaron J. Mango and Senior Trial Attorney Rocky Piaggione, who handled the prosecution of the case, Tonawanda Coke released coke oven gas containing benzene into the air through an unreported pressure relief valve. In addition, a coke-quenching tower was operated without baffles, a pollution control device required by TCC’s Title V Clean Air Act permit designed to reduce the particulate matter that is released into the air during coke quenches.
The sentences are the culmination of an investigation on the part of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of director Doug Parker, and Assistant Special Agent-In-Charge, Vernesa Jones-Allen and investigators of the New York State Department of Environmental Conservation Police, Bureau of Environmental Crimes Investigation, under the direction of Captain Frank Lauricella.
As for further criminal conduct, prior to an inspection conducted by the U.S. Environmental Protection Agency in April of 2009, defendant Kamholz told another TCC employee to conceal the fact that the unreported pressure relief valve, during normal operations, emitted coke oven gas directly into the air, in violation of the TCC’s operating permit.
The defendants also stored, treated and disposed of hazardous waste without a permit to do so, in violation of the Resource Conservation and Recovery Act. AUSA Mango and Senior Trial Attorney Piaggione stated that these offenses related to TCC’s practice of mixing its coal tar sludge, a listed hazardous waste that is toxic for benzene, on the ground in violation of hazardous waste regulations.Steuben County Woman Pleads Guilty to Kidnapping Woman and 6-Month Old ChildRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Billie Jo Ribble, 36, of Bath, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to kidnapping a mother and her six-month old child and transporting them from Pennsylvania to New York. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, a fine of $250,000 or both.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant abducted a mother and her six month-old child in Pennsylvania on March 1, 2013. At that time, Ribble was wanted by the Steuben County Sheriff's Office on charges of Burglary in the First Degree and Grand Larceny in the Third Degree, in relation to a residential burglary that occurred in October 2012. On March 1, investigators from the Steuben County Sheriff's Office and Pennsylvania State Police located and arrested the defendant in Mansfield, Pennsylvania. After being remanded to the Tioga County Jail in Pennsylvania, Ribble, who is pregnant, was taken to the hospital in Wellsboro, Pennsylvania, for treatment in the maternity ward. While there, the defendant became violent, assaulted a Tioga County Corrections Officer who was assigned to guard her, and escaped the hospital by climbing out a window.
Later on March 1, a woman and her six month-old daughter were asleep in the basement bedroom of a residence in Wellsboro, Pennsylvania. At 11:30 p.m., the woman was awakened by Ribble, who was standing over her daughter's crib holding a large butcher's knife. While still holding the knife, the defendant picked up the child and threatened to kill the woman and her child, and herself, if the woman did not take Ribble where she wanted to go. Thereafter, the woman got into the driver's seat of her car and Ribble got into the front passenger seat, still holding the woman's daughter and the butcher's knife. At the direction of the defendant, the woman drove from Pennsylvania to an exit off Route 15 in Lindley, N.Y., where Ribble was dropped off. The woman then drove to a gas station in Pennsylvania and called the police.
After urgent investigation by the Steuben County Sheriff's Office and the New York State Police, Ribble was located at her boyfriend's residence in Corning, N.Y. Ribble initially barricaded herself in the attic, but eventually surrendered to authorities without incident.
Sentencing is scheduled for June 25, 2014, at 11:00 a.m. before Judge Larimer.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Steuben County Sheriff's Office, under the direction of Sheriff David Cole, the New York State Police, under the direction of Major Mark Koss, the Pennsylvania State Police, under the direction of Commissioner Frank Noonan, and the Wellsboro (Pennsylvania) Police Department, under the direction of Chief Jim Bodine.Rochester Woman is Sentenced in Case Involving False Tax ReturnsRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Michelle Torres, 38, of Rochester, N.Y., who was convicted of conspiracy to defraud the United States, was sentenced to five years probation and ordered to pay restitution in the amount of $1,644,202.96 to the Internal Revenue Service by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Torres engaged in a scheme with others that involved the filing of federal tax refund claims. Claims were filed using stolen identities and refund checks were issued to various addresses in Rochester. The defendant retrieved the checks and then sent them to co-conspirators in New York City in exchange for a fee. The conspiracy resulted in over $1.6 million in fraudulent tax refunds being issued by the Internal Revenue Service.
“This case shows the public the wide harm that identity fraud can bring,” said U.S. Attorney Hochul. “Here, not only were people’s identities stolen, taxpayers were victimized to the extent of over 1.6 million dollars. For information on protecting your identity, please visit www.stopfraud.gov.”
The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and Special Agents of the Internal Revenue Service, Criminal Investigations, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.Rochester Man Pleads Guilty in Sex Trafficking CaseRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Daniel Tanck, 32, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to sex trafficking of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Tanck placed an ad on Backpage.com for a minor female victim to engage in prostitution activities. The defendant took pictures of the victim for the Backpage.com ad at his residence on Emerson Street in Rochester. Tanck also transported the victim for outcalls to service customers.
Tanck was arrested along with Robert Palermo. Charges are pending against Palermo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief Michael Ciminelli, and Special Agents of the Federal Bureau of Investigation, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.
Sentencing is scheduled for June 18, 2014 at 3:00 p.m. before Judge Geraci.Rochester Attorney Sentenced for Filing False Tax ReturnsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Salvatore J. Marcera, Jr., 53, of Rochester, N.Y., who was convicted of filing a false income tax return, was sentenced to five years probation, including one year of home confinement, by U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution to the Internal Revenue Service in the amount of $104,074.
Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that for tax years 2004 through 2007, the defendant, a sole practitioner attorney in Rochester, understated the gross receipts of his law practice on the Schedule C of each return. The total of the unreported gross receipts for the four tax years as shown by the government's proffered evidence was approximately $356,353. The government offered evidence that, if the true gross receipts had been reported by defendant for each of the years in question, the total for the four years of additional tax due and owing would be $104,074.
The sentence is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.Lackawanna Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Angelo Vazquez-Rodriguez, 31, of Lackawanna, N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 60 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney John M. Alsup, who handled the case, stated that the defendant was the intended recipient of multiple kilograms of cocaine shipped from Puerto Rico. The cocaine was intercepted by law enforcement prior to delivery, refilled with sham material and allowed to be sent on to the defendant immediately prior to his arrest. On April 13, 2012, Vazquez-Rodriguez was arrested after he accepted delivery of a mail package, which he believed contained approximately two kilograms of cocaine. Officers also found a firearm with a defaced serial number at the scene of the delivery.
The sentencing is the culmination of an investigation by the U.S. Postal Inspection Service, under the direction of Acting Inspector-in-Charge Shelly Binkowski and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.Buffalo Women Plead Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Barbara Moran, 53, and her sister-in-law, Mary Moran, 50, both of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute fentanyl, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between September, 2012 and May, 2013, Mary Moran sold her prescription fentanyl patches to Barbara Moran, who then sold those fentanyl patches and other controlled substances, from her residence at 93 Pulaski Street in Buffalo. Some of those sales were made to law enforcement officers acting in an undercover capacity.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Cheektowaga Police Department, under the direction of Chief David Zach.
Barbara Moran will be sentenced on June 16, 2014 at 12:30 p.m. before Judge Arcara. Mary Moran will be sentenced on July 2, 2014 at 12:30 p.m., also before Judge Arcara.Rochester Man Pleads Guilty to Making Counterfeit CurrencyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Adrian Clemons, 32, of Rochester, N.Y., pleaded guilty before U.S. District Court Judge Charles J. Siragusa to making counterfeit United States currency. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between January 2013 and March 2013, Clemons created more than $10,000 of fake money using a scanner and a printer. The defendant then sold the counterfeit bills to others to pass at local stores as genuine currency.
The plea is the culmination of an investigation by Special Agents of the Secret Service, under the direction of Special Agent in Charge Tracy Gast.
Sentencing is scheduled for June 13, 2014 at 10:00 a.m. before Judge Siragusa.Two Defendants Sentenced in Greece Triple MurderRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Richard Anderson and Aston Johnson were each 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. A third defendant, Andrew Wright, will be sentenced on April 24, 2014.
“While nothing can bring back the lives of the victims, the multiple life sentences handed down today will ensure that the defendants who murdered them will never again walk the streets of this or any other community,” said U.S. Attorney Hochul. “This Office, working with our law enforcement partners at all levels, will continue to pursue members of other violent criminal organizations with the same vigor until each is brought to justice.”
In December, 2013, a jury convicted Anderson, Johnson and Wright 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 victims to death at the same time.
In addition to sentencing the defendants to prison, Judge Siragusa also imposed a $1,000,000 forfeiture judgment against defendants Anderson and Johnson as well as the forfeiture of three guns seized at the house in Phoenix, Arizona.
The sentences are the result of an investigation conducted by the Greece Police Department under the direction of Chief Todd Baxter; 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 District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Monroe County Sheriff’s Department, under the direction Sheriff Patrick O’Flynn; the Monroe County Crime Analysis Center; the United States Postal Inspection Service, under the direction of Raymond Williams; 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.Jury Convicts Irondequoit Man of Possessing and Distributing Child Pornography, Making False StatementsRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert Cavigliano, 56, of Irondequoit, N.Y., was convicted following a jury trial before U.S. District Judge Frank P. Geraci, Jr. of five counts of distributing child pornography, one count of possessing child pornography and one count of making a false statement to federal agents. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorneys Marisa J. Miller and Tiffany H. Lee, who handled the prosecution of the case, stated that in October and November 2011, undercover agents in both Rochester, N.Y. and Montana received child pornography from the defendant, through a peer-to-peer software program. Testimony at trial established that agents executed a search warrant at Cavigliano’s residence in January 2012, at which time they located items of digital media, including a laptop computer. That computer was later discovered to contain images and videos of child pornography. The defendant was also convicted of making a false statement to federal agents when he stated to members of the FBI that he did not own or possess any laptop computers, during an interview with agents prior to the execution of the warrant.
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 is the culmination of an investigation on the part of the Federal Bureau of Investigation’s Cyber Task Force, consisting of Special Agents of the Federal Bureau of Investigation, Deputies with the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, and Investigators with the Rochester Police Department, under the Direction of Chief Michael Ciminelli.
Sentencing is scheduled for June 10, 2014, at 3:00 p.m. before Judge Geraci.Greece Man Charged with Bank RobberyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Joseph Cumbo, 34, of Greece, N.Y., was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Frank T. Pimintel, who is handling the case, stated that the defendant is accused of robbing the Bank of America branch at 5091 Broadway in Depew, N.Y., on February 18, 2014. According to the complaint, Cumbo handed a demand note to the teller stating, “I have a gun, count out $10,000 quickly.” Also according to the complaint, the defendant is suspected in two other bank robberies, one in Cheektowaga, N.Y. and one in Pittsford, N.Y.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. Cumbo is being held pending a detention hearing on March 17, 2014 at 9:30 a.m.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, detectives with the Depew Police Department, under the direction of Chief Stan Carwile, detectives with the Cheektowaga Police Department, under the direction of Chief David Zack, the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick M. O’Flynn; and detectives with the Greece Police Department, under the direction of Chief Todd Baxter.
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.Local 17 President and Business Manager Convicted of Racketeering Conspiracy, Conspiracy to Commit Extortion and Attempted ExtortionRead the Press Release
BUFFALO, N.Y. B The United States Attorney's Office announced today that following a nine week trial, a federal jury has convicted Mark N. Kirsch, 54, President and Business Manager of Operating Engineers Local 17, based in Hamburg, N.Y., of conspiracy to commit racketeering, conspiracy to commit extortion, and attempted extortion. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine, or both. In addition, the defendant=s interest in Local 17, including his management position within the Union, is subject to forfeiture.
According to Assistant U.S. Attorneys Anthony M. Bruce and Edward H. White, who, along with U.S. Department of Justice Trial Attorney Robert S. Tully, handled the prosecution of the case, defendant Kirsch, from at least January 1997 to December 2007, participated in a criminal enterprise with the objective of extorting property from various construction firms throughout Western New York. The objective of the Local 17 criminal enterprise was to obtain several types of property through extortion, including: (1) the right of various businesses to make business decisions free from outside pressure; (2) the wages and benefits to be paid by various businesses for unwanted, unnecessary, and superfluous labor; (3) the jobs and associated wages and benefits of employees of various businesses at construction sites in the Western District of New York; and (4) the property of construction contractors consisting of wages and benefits to be paid pursuant to labor contracts with Local 17. Among the unlawful means the defendant Kirsch used to secure these objectives were actual violence, threats, intimidation, sabotage of property, and threats and attempts to interrupt and delay construction projects in order to drive up costs to the contractors and thus cause economic harm.
“Today’s verdict confirms that for over 10 years, former IUOE Local 17 President and Business Manager, Mark N. Kirsch, operated a criminal enterprise. Kirsch engaged in a decade-long Racketeering Conspiracy. He conspired to extort employers and employees of Western New York of jobs, wages, and benefits through the use of physical violence and the destruction of property. The Office of Inspector General will continue to work with the United States Attorney’s Office and our other law enforcement partners to investigate criminal allegations of wrongdoing by union officials and union members," stated Cheryl Garcia, Acting Special Agent-in-Charge of the New York Regional Office of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
Retired Local 17 Business Representative Gerald E. Bove, member Michael J. Caggiano, member Kenneth Edbauer, and Business Representative Thomas Freedenberg, were acquitted of similar charges.
The verdict is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of 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.Canadian Man Sentenced for Bank FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Ali Haddad, 31, of Montreal, Quebec, Canada, who was convicted of bank fraud, was sentenced to 48 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the prosecution, stated that Haddad, a citizen and resident of Canada, opened a business bank account at an M&T Bank branch in Buffalo in the name of Symcore, Inc. Between January 15, 2009, and February 19, 2009, the defendant deposited false and fraudulent pre-authorized debits (APADS@) into the account. The PADS deposited to the Symcore account purportedly represented money owed to Symcore by the payers listed on the PADS. M&T Bank relied upon the deposited PADS to calculate the daily cash balance of funds in the Symcore business checking account.
On February 19, 2009, the defendant withdrew money from the Symcore account by electronically transmitting funds from the account by means of wire communication to bank accounts in Canada. Haddad caused two separate wire transactions to transmit funds from the Symcore account in the following amounts: $10,000, and $18,000 totaling $28,000. This money represented funds from the deposit of the false and fraudulent PADS.
Between December 24, 2008, and January 26, 2009, the defendant committed similar fraudulent acts against Bank of America. However, Bank of America discovered the fraud before the defendant was able to unlawfully transmit funds from the Bank of America account.The total loss to M&T Bank and Bank of America was $28,000.
The sentencing is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.Wisconsin Man Pleads Guilty to Production of Child PornographyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that David Whitworth, 42, of Madison, Wisconsin, pleaded guilty to production of child pornography and receipt of child pornography before Chief U.S. District Court Judge William M. Skretny. The charges carry a maximum sentence of 35 years in prison, a $500,000 fine, or both.
Assistant U.S. Attorneys Marie P. Grisanti and Maura K. O’Donnell, who are handling the case, stated that the defendant posed as a modeling agent online to induce minors in the Western District of New York and elsewhere to produce pornographic images of themselves. The minors then emailed the images to Whitworth via the Internet.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Cheektowaga Police Department under the direction of Chief David Zack, and Lancaster Police Department under the direction of Chief Gerald Gill.
Sentencing is scheduled for July 23, 2014, at 9:00 a.m. before Chief Judge Skretny.Rochester Man Sentencing on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that David Colon, 37, of Rochester, N.Y., who was convicted of possession of marijuana with the intent to distribute, and being a felon in possession of a firearm, was sentenced to 46 months in prison by U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on October 10, 2008, members of the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at Colon’s residence at 104 Maple Avenue, in Irondequoit, N.Y. Officers encountered a woman and two children in the house at the time. Colon arrived at the location later. During the search, officers seized over 400 grams of marijuana in a storage area in the basement along with two digital scales and marijuana packaging material. Officers also recovered over $4,000.00 in United States currency, ammunition, and a defaced .38 caliber revolver as well as book detailing the subject of growing marijuana.
Colon gave a statement to officers in which he admitted to dealing marijuana from inside his house and that he had the gun to protect his family in case someone tried to rob him.
The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team, composed of law enforcement personnel in Monroe County, under the direction of Rochester Police Department Acting Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon.Man Sentenced for Misuse of Passport and Aggravated Identity TheftRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Bakusa Dukuray, 38, of Gambia, who was convicted of misusing a passport and aggravated identity theft, was sentenced to 24 months in prison by U.S. District Court Chief Judge William M. Skretny. The defendant will be deported following the completion of his sentence.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that in May of 2013, Dukuray attempted to enter the United States at the Lewiston Bridge Port of Entry in Lewiston, New York using a Canadian passport issued in the name of a friend.
The sentencing is the culmination of an investigation on the part of United States Customs and Border Protection, under the direction of Randy Howe, Acting Director of Field Operations.Amherst Man Indicted for Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a five count Indictment charging Cameron Stroke, 32, of Amherst, N.Y., with possession of child pornography. The charges carry a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, in February of 2011, the defendant possessed child pornography which contained graphic depictions of the sexual abuse of prepubescent children and children performing sexual acts on animals. The images were found following online postings made by the defendant soliciting minors for sexual purposes.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The Indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Investigators with the New York State Police, under the direction of Major Michael Cerretto, and Detectives with the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.West Seneca Man Indicted for Transportation and Possession of Child PornographyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a five count indictment charging Joseph S. Heleniak, 69, of West Seneca, N.Y., with transportation and possession of child pornography. Due to a prior conviction, the transportation charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 40 years and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was arrested today, January 24, 2014, following the execution of a search warrant at his residence. According to the indictment, on August 30, 2013, Heleniak sent an e-mail containing three image files of child pornography. The images depicted female children under the age of 16 engaging in sexual activities with adult males.
The indictment was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Detectives with the Cheektowaga Police Department under the direction of Chief David Zack, and Investigators with the New York State Police, under the direction of Major Michael Cerretto.
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.Five Charged with Marijuana TraffickingRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Carlos White, 38, Jesica Leonard, 25, and Steve Fulcott, aka Tommy G, 21, all of Rochester, N.Y., and Andre McFarlane, 34, and Marlando Allen, 34, of Jamaica, were arrested and charged by criminal complaint with possession with intent to distribute marijuana. Defendants White, Leonard, and McFarlane were also charged with possession of a firearm in furtherance of a drug trafficking crime. White was also charged with being a felon in possession of a firearm.
The marijuana trafficking charge carries a maximum sentence of five years in prison and a fine of $250,000. Possession of a firearm in furtherance of a drug trafficking charge carries a minimum sentence of five years in prison, a maximum of life, and a $250,000 fine. Being a felon in possession of a weapon carries a maximum sentence of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that the charges stem from a joint federal/state investigation into the homicide of Jaqueline Simmons, Jermeliah Simmons and Michael Nelson, who were discovered shot to death at an apartment at 809 Chili Avenue in the City of Rochester on February 24, 2014. The investigation led law enforcement officers to two apartments at 2167 Clifford Avenue in Rochester, which were searched on February 28, 2014.During the searches, officers seized over 80 pounds of marijuana, scales and baggies for the weighing and packaging of marijuana for sale, a loaded .45 caliber pistol with an obliterated serial number, and a 9mm pistol loaded with 20 rounds of live ammunition. Forensic analysis determined that the 9mm pistol recovered at 2167 Clifford Avenue was the weapon used in the three murders. At the scene of the homicide, law enforcement collected 10 shell casings, all of which were compared to a test fired round from the 9mm pistol. Based on that comparison, a forensic examiner determined that the shell casings found at the homicide scene at 809 Chili Avenue were fired from the 9mm pistol recovered at 2167 Clifford Avenue. A Blackberry cell phone recovered during the searches contained pictures of what appears to be the murder weapon, as well as pictures of marijuana and cash.
The defendants were taken into custody at 2167 Clifford Avenue on February 28, 2014. McFarlane and Allen are both in the country illegally.The criminal complaint is the culmination of an investigation on the part of the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Thomas J. Cannon, Special Agent in Charge, New York Field Office, U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, Jr, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.
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 Fraud and Counterfeiting ChargesRead the Press Release
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that John Tally, 52, of Buffalo, N.Y., who was convicted of fraud and making counterfeit money, was sentenced to 30 months in prison, and ordered to pay over $35,000 in restitution to the Internal Revenue Service by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that Tally was involved in a conspiracy with Emma Mills to create false W-2 forms. The forms were created by obtaining identification information from other persons. The fabricated W-2’s were submitted to the IRS with false tax returns, on which undeserved refunds and tax credits were claimed. In addition, Tally produced counterfeit twenty and fifty dollar bills.
Emma Mills pleaded guilty to fraud in December 2013 and is scheduled for sentencing on April 14, 2014.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Toni M. Weirauch, and Special Agents of the United States Secret Service, under the direction of Special Agent-in-Charge Tracy Gast.Rochester Man Arrested for Threatening to Kill the PresidentRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ronnie Parker, 44, of Geneva, N.Y., was arrested and charged by criminal complaint with making a direct threat to kill the President of the United States. The charge carries a maximum sentence of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant threatened to kill President Barack Obama during an interview with United States Secret Service Agents.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson. Parker is being held pending a detention hearing on March 5, 2014 at 3:30 p.m.The criminal complaint is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, Tracy Gast.
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.
Niagara Falls Contractor Pleads Guilty to Conspiring the Defraud HUDRead the Press Release
Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Walter Heinrich Weiss, 61, of Niagara Falls, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to conspiring to make a false statement in a U.S. Department of Housing and Urban Development (HUD) transaction. The charge carries a maximum penalty of one year in prison, a fine of $100,000.00 or both.
First Assistant U.S. Attorney James P. Kennedy, Jr., who is handling the case, stated that the defendant was an employee of John Gross at David Gross Contracting, (DGC) Inc. On March 24, 2009, there was a significant water main break during which approximately 750,000 gallons of water flooded several streets in the City of Niagara Falls. Following the flood, the Niagara Falls Department of Community Development (NFDCD) began notifying residents and home owners in the area affected by the flooding of the types of damage for which they may be allowed to receive grant funds to cover the cost of the repairs. Because the water damage repairs were deemed emergency repairs, NFDCD instructed affected residents and home owners to obtain bids from more than one contractor for the repairs.
One of the affected homes was flooded with approximately four feet of water and sustained significant damage. That resident contacted DGC for an estimate, and in addition to submitting their own successful bid for the repair work on the resident’s home, DGC also submitted, unbeknownst to the homeowner, a false and fraudulent bid for such repairs purporting to be from a DGC competitor. Such a bid was more expensive than that submitted by DGC and was submitted by DGC to the NFDCD with an intention to manipulate and defraud the grant program. DGC ultimately received the job and was paid $2,545.00 in NFDCD funds. The United States Department of Housing and Urban Development (HUD) provided funds to the NFDCD to cover emergency repairs caused by the water main break.
First Assistant U.S. Attorney Kennedy stated that it was part of the conspiracy that DGC would maintain, within their offices, and on their computers, blank letterhead for various companies which were its’ competitors. The defendant knew and agreed that such documents would from time to time be used by employees of DGC, in order to prepare false and fraudulent bids for certain jobs by DGC as part of any competitive bidding process. Included amongst those fraudulent bids, was a bid for repairs for water damages for the resident previously mentioned.
Sentencing is scheduled for June 23, 2014, at 12:30 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni Weirauch, Special Agent-in-Charge.Holland Man Charged in Connection with Fraudulent Receipt of Veterans' Benefits and Workers CompensationRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Richard Klaffka, 56, of Holland, N.Y., was charged by criminal complaint in connection with the defendant’s receipt of benefits from the Veterans’ Administration and Workers’ Compensation under false pretenses. Klaffka is charged with making false statements, mail fraud, wire fraud, and fraud. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the complaint, beginning in 2008, Klaffka told the Veterans Administration that, due to an injury connected with his military service in 1978, he was confined to a wheelchair and unable to engage in everyday activities like walking, driving and dressing himself. The defendant was already receiving benefits for the service related injury and was appealing for a significant increase in those benefits. Although his initial application for the increase was denied, after a successful appeal, the increase was granted and made retroactive resulting in a significant lump sum payment.
The complaint further alleges that in order to get Workers’ Compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury, that he was only able to walk with the assistance of a cane and could not lift more than five pounds.
The complaint then outlines instances where investigators observed and recorded the defendant engaging in strenuous activities. In one instance in 2013, Klaffka was observed driving to the Veterans’ Administration Hospital and lifting a wheelchair from his vehicle. The defendant then placed himself in the wheelchair and his wife pushed him into the hospital. After his appointment, Klaffka’s wife pushed the defendant back to the vehicle where he got out of the wheelchair without assistance, lifted the chair back into the vehicle, and drove away.
The defendant was also observed playing horseshoes for hours at a time and then riding a bicycle. In another instance, the defendant went on a cruise and was observed engaging in a wide variety of activities not consistent with being confined to a wheelchair or otherwise limited in physical capacity. According to complaint, Klaffka is receiving over $9,000 per month in tax free benefits from both government entities as a result of his false claims.
“This Office is committed to ensuring that public money intended for those who are truly in need is not stolen by one who lies about his true physical condition,” said U.S. Hochul. “Instead of applying the well-known quote ‘[t]here is no substitute for hard work,’ to honest labor, the defendant stands accused of working to perpetuate a lengthy fraud against taxpayer funds.”The charges were the result of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Jeffrey Hughes, the Veterans Administration Police Department, under the direction of Acting Chief Steven Coville, the United States Department of Labor, Office of Inspector General, under the direction of Acting Special Agent in Charge Cheryl Garcia, and the United States Postal Service, Office of Inspector General, under the direction of Monica Weyler, Special Agent in Charge, Eastern Area Field Office.
The defendant is scheduled to appear in before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., on March 20, 2014, at 10:00 a.m.
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.Jamaican Woman Pleads Guilty to Passport Fraud and Identity TheftRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Roxanne Williams, 31, a native and citizen of Jamaica who had been residing in the Philadelphia, Pennsylvania area, pleaded guilty before U.S. Chief District Court Judge William M. Skretny, to making false statements in connection with a fraudulent passport application and aggravated identity theft. The false statement charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both. The aggravated identity theft carries a mandatory minimum sentence of two years in prison to be imposed consecutive to any sentence imposed for the false statement charges.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that in July 2012, the defendant submitted an application for a United States Passport claiming to be a United States citizen and using the name of an unwitting person. As part of the application, Williams included copies of the other person’s birth certificate, social security card, and Florida driver’s license. An alert passport officer noted that some of information in the application was not consistent with information in a prior passport application under the same name which had been submitted a year earlier in Florida. The officer notified criminal investigators of the potential fraud.
When the defendant returned the next day to pick-up her passport, she was questioned by investigators. Initially, Williams maintained her fraudulent persona, but later admitted the fraud when a fingerprint check revealed her true identity and that there were warrants for her arrest in New York City and New Jersey for credit card fraud offenses. Upon her arrest, a search of the defendant’s vehicle revealed numerous credit cards and identity documents issued in the names of many other persons, along with a notebook containing personal information regarding the individuals whose names appeared on the credit cards.
Sentencing is scheduled for June 18, 2014, before Chief Judge Skretny.
The plea is the culmination of an investigation on the part of Special Agents of the United States Department of State, under the direction of Special Agent in Charge Roy Stillman.Buffalo Man Pleads Guilty to Bank RobberyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Bland, 18, of Buffalo, N.Y., pleaded guilty to bank robbery, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $250,000,00 fine or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Bland robbed three M&T Banks located at 1300 Jefferson Avenue in Buffalo, 750 Main Street in Niagara Falls, and 1877 Main Street in Buffalo, between August 21, 2013 and September 4, 2013.
The indictments are the culmination of an investigation on the part of the Federal Bureau of Investigation, the Buffalo Police Department, of under the direction of Commissioner Daniel Derenda, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Sentencing scheduled for June 16, 2014 at 12:30 p.m. before Judge Arcara.Lockport Man Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Bobby Spencer, 59, of Lockport, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio to use of a communication facility to facilitate a drug felony. The charge carries a maximum penalty of four years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that from March, 2010 through August, 2010, the defendant used a cellular telephone to call co-defendant Eric Williams to facilitate the purchase of cocaine. Spencer then distributed the cocaine to others in the Lockport area.
Spencer is one of 24 defendants convicted as a result of this drug investigation.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Agent in Charge, New York Field Division, and the Niagara County Drug Task Force, under the direction of Sheriff James Votour.Chinese Nationals Sentenced in Counterfeit Sneaker CaseRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Huang Yue Feng, 33, of Queens, N.Y., and Wang He Bin, 31, of Franklin Square, N.Y., formerly husband and wife, who were convicted of conspiracy to import goods falsely classified, were sentenced to 12 months in jail by U.S. District Court Judge Richard J. Arcara. The defendants also forfeited over $400,000 in cash and property seized during the execution of search warrants at warehouses in the New York City.
Assistant U.S. Attorney John E. Rogowski, who handled the prosecution of this case, stated that Feng and Bin were involved in the importation of counterfeit Nike sneakers from China which were then distributed throughout the United States. The defendants sold the counterfeit products to a co-defendant in New York City, Malik Bazzi. Defendant Bazzi, who was also convicted in this case, then sold the counterfeit sneakers to several individuals, including people in Buffalo and Niagara Falls, who in turn resold the counterfeit products to consumers. Some of the shoes were sold out of the back of vans, at flea markets and in clothing stores.
As a result of wire taps in this case, defendant Bin was recorded taking orders, discussing payments, and directing the delivery of the counterfeit sneakers to defendant Bazzi. Defendant Feng was observed loading sneakers into a van at warehouse locations and then delivering them to defendant Bazzi. AUSA Rogowski, in asking the Court to impose a prison sentence, noted that jail sentences were needed to send a message to those involved in trafficking counterfeit goods that they faced more than mere financial consequences for engaging in their crimes.
The defendants, who were first arrested in connection with this case in September, 2007, are among 23 individuals charged in the case. Twenty-two of the defendants were convicted and one defendant was acquitted after a trial before Judge Arcara in October of 2012.
“Today’s developments bring to a successful conclusion to the largest prosecution involving violations of intellectual property rights in the Western District of New York,” said U.S. Attorney Hochul. “This prosecution is part of the government=s aggressive enforcement of customs laws that protect the investment of manufactures, such as Nike, and also protect consumers who might unwittingly purchase inferior counterfeit goods. During the course of the investigation, over 310,000 pairs of counterfeit Nike sneakers were seized by law enforcement officers. In addition, over $1,000,000 in cash from the sale of the counterfeit product was also seized.”The sentences are the culmination of an investigation on the part of Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.
Rochester City Employee Indicted on Drug ChargeRead 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 one-count indictment charging Christopher Kendrick, 37, of Rochester, N.Y., with possession with intent to distribute of five kilograms or more of cocaine. The charge carries a maximum penalty of life in prison, a fine of $10,000,000, or both.
Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that Kendrick was arrested on February 4, 2014 after his vehicle was stopped by New York State Police on Interstate 490 near Chili. According to the indictment, a search of the vehicle uncovered 24 kilograms of cocaine in a hidden compartment. At the time of his arrest, the defendant was employed by the City of Rochester as an operations worker.
Kendrick has been ordered detained in custody pending trial by U.S. Magistrate Judge Marian W. Payson.
The complaints are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
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.Postal Employee Sentenced for Stealing from the Post OfficeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Donna Spencer, 51, of Falconer, N.Y., pleaded guilty to misappropriation of postal funds by a postal service employee before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Spencer was employed by the United States Postal Service since 1986. Between February 13, 1999, and July 19, 2013, the defendant was employed as the Postmaster at the Frewsburg, N.Y. Post Office. During that time, Spencer accepted cash payments from USPS customers for the purchase of postage stamps. Instead of depositing the cash payments into the USPS register, the defendant kept the cash for her own purposes. An audit of the Frewsburg facility determined that the total loss amount was $14,023.50.
Sentencing is scheduled for May 27, 2014 at 10:00 a.m. before Judge Skretny.
The plea is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland of the Boston Division.Jury Convicts Rochester Woman of Threatening to Kill the President and Lying to the United States Secret ServiceRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today Christine Wright-Darrisaw, 38, of Rochester, N.Y., was convicted of making a direct threat to kill the President of the United States, and for lying to United States Secret Service Agents investigating the case, following a jury trial before U. S. District Court Judge Frank P Geraci. Each charge carries a maximum sentence of five years in prison and a $250,000 fine.
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. The Government called the White House Operator who took the call as a witness in the one-day trial. The operator graphically described the “brutality” and the “violence” of the defendant’s words during her testimony. 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 still stands out in her memory, almost two years later.
Secret Service Agents from Washington and Rochester were also called to testify by the Government 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 to kill the President, 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 guilty verdict 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.
Sentencing is scheduled for May 14, 2014 before Judge Geraci.Buffalo Woman Sentenced for Falsifying Passport Application and Tax EvasionRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Diane Abram, 61, of Buffalo, N.Y., who was convicted of making false statements in a passport application and tax evasion, was sentenced to two years supervised release with five months of home confinement by U.S. District Court Chief Judge William M. Skretny.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in January, 2013, the defendant applied for a U.S. Passport, in the name Diane Ballard, at the U.S. Passport Office in Buffalo. On the application, the defendant failed to disclose that she had previously utilized the name Diane Abram, and had previously obtained passports in the name Diane Abram. The passport office detected the fraud and Abram admitted that she lied on the application and intentionally attempted to obtain passports in two separate names and social security numbers to avoid collection of outstanding taxes in the amount of $25,000.
The plea is the culmination of a joint investigation on the part of Special Agents of the Internal Revenue Service, under the direction of Special Agent-In-Charge Toni Weirauch, and Agents of the U.S. Department of State Diplomatic Security Service, under the direction of Special Agent in Charge Roy Stillman.Buffalo Man Pleads Guilty to Drug Charges as Jury Trial was to CommenceRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Wallace D. Peace, 39, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute more than 280 grams of crack cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a fine of $8,000,000.
Assistant U.S. Attorneys Mary Clare Kane and George C. Burgasser, who handled the case, stated that between January 2008 and July 29, 2008, the defendant was intercepted over New York State wiretaps, on numerous occasions, discussing cocaine-related transactions. These included conversations between Peace and co-defendant Patrick Perry during which they attempted to arrange to purchase cocaine from multiple sources of supply. Other conversations between the defendant and his customers involved the purchase and sale of crack cocaine.
On July 29, 2008, law enforcement officers executed a search warrant at Peace’s residence and seized digital scales, cell phones, packaging material, 129 grams of crack cocaine, small quantities of cocaine and marijuana, $1,157 in United States currency, and two firearms.
Peace was arrested along with 30 other defendants in July 2008. All 31 defendants now stand convicted. Testimony in the defendant’s jury trial was scheduled to begin today.
The plea 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, New York Region; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Thomas J. Cannon, Special Agent in Charge; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for June 6, 2014 at 1:00 p.m. before Judge Arcara.Brighton Man Sentenced to 30 Years for Sex TraffickingRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Thomas Cramer, 41, of Brighton, N.Y., who was convicted of sex trafficking of minors, was sentenced to 30 years in prison by U.S. District Court Frank P. Geraci, Jr.
Assistant U.S. Attorney John E. Rogowski, who handled the case, stated from April through December 2011, the defendant enticed, promoted and profited from the commercial sex activities of four young girls knowing, or in reckless disregard of the fact, that the girls were all under 18 years old. Cramer used the internet to identify and recruit victims who typically came from broken homes or who were runaways. The defendant lured young girls into the commercial sex business claiming that they would live a “fancy life style,” living and working in hotels while making money.
In one exchange of text messages, between Cramer and a victim, the defendant enticed the girl by telling her she could make much more money performing commercial sex acts than she could working at a grocery store. Although the girl initially told Cramer she was older than 18, when she informed the defendant that she was 17 years old, Cramer was undeterred and continued to engage in salacious texting with the female.
Cramer placed advertisements on adult web sites regarding the availability of the young girls for commercial sex acts. The acts took place at hotels in the Rochester and Buffalo and in the defendant’s residence. Customers were charged between $180 and $200 per hour to engage in sexual activities with the victims and Cramer received a portion of those proceeds.
In requesting a sentence within the Federal Sentencing Guidelines range of 30 years to life, the Government cited the fact the defendant spent the vast majority of his adult life in jail, or, when released, committing more criminal acts. Cramer has three prior felony convictions in federal court for fraud related offenses. The Government urged the Court to impose the severe sentence as necessary to protect the public from an individual who, despite lengthy jail sentences in the past, was never deterred from committing criminal acts of increasing severity. In imposing sentence, Judge Geraci stated that he wanted to send a strong message that abuse of young people will not be tolerated and those who chose to engage in that conduct “pay the price.”
‘The United States Attorney’s Office, along with our partners at all levels of law enforcement, are aggressively fighting all forms of human trafficking, with includes the sex trafficking of minors,” said U.S. Attorney Hochul. “The 30 year sentence handed down in this case could mean that the defendant will spend the rest of his natural life behind bars. Let the penalty also serve as a warning to any other individuals who would consider similar behavior, we will arrest you and prosecute you to the fullest extent of the law.”“The defendant sexually exploited vulnerable minor females for profit and his own gratification,” said Special Agent in Charge James C. Spero of Homeland Security Investigations in Buffalo. “The reprehensible nature of these crimes, which included intentionally addicting his victims to drugs and threatening them with violence if they sought to leave his ‘business,’ should leave no doubt that he has earned every minute in prison he has received.”
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, the New York State Police, under the direction of Major Mark Koss, and the Greece Police Department, under the direction of Todd K. Baxter.Two Brooklyn Men Indicted in Lottery FraudRead 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 Corey Anthony Buddle, 22, of Brooklyn, New York, and his father, Horace Anthony Buddle, 44, of Brooklyn, New York, and Montego Bay, Jamaica, with conspiracy to commit mail fraud and wire fraud. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that according to the indictment, the defendants defrauded elderly individuals residing in the United States by leading the victims to believe they won cash prizes of more than $1,000,000 and, in at least one case, a Mercedes Benz automobile. The victims were told they must pay “taxes” and other administrative expenses in order to collect their “prizes.”
One victim, a man from the Rochester, N.Y. area, was told numerous times, in phone calls originating in Jamaica, to send packages of money to an address in Brooklyn. As a result, between May 20 and July 18, 2011, the victim sent a total of $130,000 in 16 packages via UPS and the U.S. Mail to the defendants’ residence at 536 Thatford Avenue in Brooklyn.
Another victim, a resident of Missouri, was directed to deposit money into Corey Buddle’s accounts at Bank of America. As a result, she made 26 deposits adding up to approximately $140,000 into Corey Buddle’s accounts from July 11, 2012, through April 4, 2013. The Indictment further alleges that, after April 4, 2013, the victim from Missouri was directed to send cash to 536 Thatford, which she did by sending more than $50,000 in 10 different packages sent via UPS and Federal Express. According to the indictment, some of the money deposited into Corey Buddle’s Bank of America accounts was withdrawn in Jamaica.
A third victim, who lives in Florida, lost $37,000 by wiring it into Corey Buddle’s bank accounts in nine separate transfers between August 2, 2012, and April 4, 2013. According to the indictment, the victim received a letter in April 2012 purporting to be from the FBI and the Department of Homeland Security, telling him he was $25,000 in arrears on his taxes.
None of the victims received anything as a result of their “winnings.”
The Indictment is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland of the Boston Division, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Clean Attorney Sentenced for Tax ViolationsRead the Press Release
Buffalo, N.Y. — U.S. Attorney, William J. Hochul, Jr. announced today that Edmund J. Renaud, 71, of Olean, N.Y., who was convicted of evading the payment of taxes involving his moving companies, was sentenced to 15 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Gretchen L. Wylegala, who handed the case, stated that the defendant failed to pay employment taxes for businesses he ran from 2002 through 2008. Renaud ran Southern Tier Moving and Storage, Inc., in Olean until 2002, when the Internal Revenue Service assessed over $48,000 in unpaid federal payroll taxes. Upon shutting down that entity, Renaud opened Southern Tier Moving and Storage, LLC, where from 2002 until 2006, Renaud similarly failed to pay over $86,000 in federal payroll taxes. When IRS revenue officers tried to collect the money, the defendant provided false information about bank accounts and other assets, including a truck he had gotten as a result of accumulating “comp” credits at the Seneca Allegany Casino.
In 2007, Renaud filed an Offer in Compromise, settling about $150,000 in taxes due for payment of only $1500. The information that the defendant provided to the IRS in connection with that Offer in Compromise was false in several respects, including false claims that the defendant was out of business, failure to identify bank accounts, and failure to disclose company assets. In fact, while Renaud was not paying his taxes, his companies were receiving income, and he was gambling heavily. Renaud also was the recipient of a significant Workmen’s Compensation award of approximately $100,000.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch, New York Field Office.Cheektowaga Man Sentenced for Enticement of a MinorRead the Press Release
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Salvatore Tantillo, II, 32, of Cheektowaga, N.Y., who was convicted of enticement of a minor to engage in sexual activity, was sentenced to 10 years in prison and five years of supervised release by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that the defendant met a 16 year old over the internet. Tantillo misrepresented his age to the victim, advising her that he was 18 years old. After communicating with the victim over the internet for a few months, the defendant met the girl in person for the purpose of engaging in sexual activity. It is a violation of New York State Penal Law, for a person who is 21 years or older to engage in sexual intercourse with a person less than 16 years old.
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 sentencing is the culmination of a joint investigation on the part of Special Agents of the Federal Bureau of Investigation, members of the Cheektowaga Police Department under the direction of Chief David Zack, and Lancaster Police Department, under the direction of Chief Gerald Gill.John P. Gizzi Sentenced for Tax CrimesRead the Press Release
ROCHESTER, N.Y.-- United States Attorney William J. Hochul, Jr., announced that John P. Gizzi, 65, of Rochester, New York, who previously pled to filing false tax returns for 2008 and 2009, was sentenced today to 1 year of home confinement, 5 years of probation, and ordered to pay a $15,000 fine by United States District Judge Frank P. Geraci. Previously, a business that Gizzi owned, Rochester Business Machines Supplier, Inc., was sentenced to pay a fine of $500,000.
In imposing this sentence, the Court noted that Gizzi and his business had paid the United States approximately $11.5 million in back taxes, fraud penalties, interest, fines and forfeitures, in this and related tax proceedings. The Court also expressed concern that, given Gizzi’s serious and complicated health condition, a sentence that included a term of imprisonment and separated Gizzi from his physicians could potentially be fatal. The Court rejected the defense’s request for probation with no home confinement.
Assistant United States Attorney John J. Field, who handled the case, stated that Gizzi criminally cheated the United States out of $1,901,633 in federal income taxes that he owed over a period of 6 years.
The plea was the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations division, under the direction of Tony Weirauch .Criminal Complaint Filed in Investment Fraud CaseRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Christopher F. Venti has been arrested on a Criminal Complaint charging him with wire fraud in connection with his involvement in various investment schemes. Wire fraud carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney MaryEllen Kresse stated that the Criminal Complaint charges the defendant with executing schemes to defraud and to obtain money from individuals by misrepresenting the existence and success of investment opportunities in order to convince these victims to transfer funds to him or to bank accounts he controls. Between October 2011 and November 2013, Venti was involved in investment schemes which netted over $7.1 million in investor funds, of which, approximately $1.1 million went to bank accounts controlled by Venti.
The Criminal Complaint was the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian Boetig.
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.Greece Man Sentenced for Food Stamp FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mohammad Qadi, 35, of Greece, N.Y., who was convicted of unlawful use and acquisition of food stamp benefits and mail fraud, was sentenced to three years supervised release and ordered to pay restitution of $75,744 by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that between November 2008 and July 2010, the defendant fraudulently acquired and possessed more than $120,000 in food stamp benefits issued by the United States Department of Agriculture. Qadi did so while operating Nick’s Super Store, which was then located at 460 Monroe Avenue in Rochester.
Food stamp benefits were issued by the Food and Nutrition Service Agricultural Department through New York State’s social service agencies to eligible beneficiaries. The beneficiaries were required to purchase eligible food items with the benefits. Instead, the defendant purchased the food stamp benefits for less than their full value by swiping the benefits cards through the terminal at Nick’s Super Store and then giving the food stamp card holders cash equal to 50% of the value of the benefits. Qadi also falsely represented to an insurance company that he was injured and unable to work while he was employed and working at Nick’s Super Store.
The sentencing is the culmination of an investigation on the part of Special Agents of the USDA-Office of the Inspector General, under the direction of Special Agent William G. Squires, Jr., and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Canadian Woman with Multiple Identites Sentenced Formaking False StatementsRead the Press Release
BUFFALO N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Elizabeth Reid, a/k/a Elizabeth Rodriguez, a/k/a Elizabeth Ortiz, 31, an alien from Canada, who was convicted of making a false statement, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on July 2, 2013, the defendant was arrested by United States Border Patrol after officers received a tip that Reid was living in the United States illegally. The defendant, at the time of her arrest, falsely represented to officers that she was not Elizabeth Reid but rather Elizabeth Ortiz. Reid presented as proof a fraudulent California birth certificate in the name of Elizabeth Ortiz. Officers entered the defendant’s fingerprints into the Integrated Automated Fingerprint Identification System which revealed the Reid’s true identity. The system also revealed that the defendant used Elizabeth Rodriquez as another identity.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Border Patrol, under the supervision of Patrol Agent in Charge Tom Pocorobba, Jr.