Western District of New York
Press releases recorded for this federal judicial district.
Ohio Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Steven Boffman, 53, of Columbus, Ohio, was sentenced to 53 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that Boffman was indicted in August 2010 along with seven others for their participation in a marijuana distribution organization responsible for the large scale distribution of marijuana in Rochester and Columbus, Ohio. Three of the co-defendants in the case, Andrew Wright, Richard Anderson, and Aston Johnson, were convicted in December 4, 2013 of murdering three men in Greece, N.Y. in furtherance of the marijuana conspiracy.
The sentencing is the culmination of an investigation by the Greece Police Department, under the direction of Chief Todd Baxter, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Mark Koss, Immigration of Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli.
Greece Man Sentenced for Sexually Exploiting A ChildRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Terrance Junot, III, 37, of Greece, N.Y., who was convicted of online enticement of a minor, was sentenced to 12 years in prison by U.S. District Court Judge Frank P. Geraci. The defendant was also placed on supervised release for 10 years upon his release. He will also have to register as a sex offender.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant engaged in a series of sexually explicit online communications with a 13 year old child who was a family friend. During those communications, Junot repeatedly talked about having sex with the child, and persuaded her to produce sexually explicit photographs of herself which he then made her send to him over the internet. The defendant also sent sexually explicit photos of himself to the child during these chats in order to groom and manipulate her into sending her photos to him. The government noted at sentencing that the defendant would spend time with the victim’s parents during the day bowling, while at the same time sexually exploiting their 13 year old daughter at night without their knowledge.
The case came to the attention of law enforcement after the child's mother found naked photos of the defendant on her child's phone. The parent recognized Junot and took the phone to the Greece Police who began an investigation. When the defendant learned that law enforcement would be investigating, he erased all the photos, chats, and even the chat program he used to solicit and entice the child from his cell phone. This conduct resulted in a sentencing enhancement for obstruction of justice.
In the course of their investigation, Greece Police executed several search warrants and searched the victim's cell phone. Following their discovery of sexually explicit pictures of the victim, Greece Police contacted the FBI Child Exploitation Task Force for assistance. This team, made up of agents from the Federal Bureau of Investigations and Homeland Security Investigations, as well as officers from the Rochester Police Department and deputies from the Monroe County Sheriff’s Office, continued the investigation, conducted forensic searches of the digital equipment in the case and ultimately arrested the defendant on federal charges.
“It’s a message that I share with parents and guardians every chance I get, please keep a very close eye on what your children do online and on their cell phones,” said U.S. Attorney Hochul. “The mother of the victim in this case did just that and now the predator that victimized her child will be spending many years behind bars. Let this case serve as an example to other parents to be on alert and if you suspect a problem, please contact police.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Officers of the Greece Police Department, under the direction of Chief Todd Baxter, Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, Special Agents of Homeland Security Investigations under the direction of Special Agent in Charge James Spero, Officers of the Rochester Police Department, under the direction of Acting Police Chief Michael Ciminelli, and Deputies from the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn.
Former Nightclub Owners Sentenced for Tax ViolationsRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Vincent Giamo and his wife Mary Giamo, both of Orchard Park, N.Y., who were convicted of tax violations, were sentenced by Chief U.S District Judge William M. Skretny. Vincent Giamo, who was convicted of tax evasion, was sentenced to 12 months in prison. Mary Giamo, who was convicted of aiding or assisting in the preparation of a false tax return, was sentenced to three years probation. The couple was also ordered to pay restitution in the amount of $671,840. The defendants have already paid $550,000 to the Internal Revenue Service.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendants owned and operated a bar business, known as "Utopia" located at 228 Franklin Street. Between 2002 and 2005, Vincent Giamo maintained two sets of books for "Utopia." One set of books was used for the preparing and filing of the corporate tax returns and the other set of books reflected the true receipts and expenses for the business. The total amount of tax loss associated with the evasion is approximately $1,225,651. Mary Giamo, as an officer of the corporation, aided her husband Vincent Giamo in filing a false return for the taxable years 2004 and 2005. As a result the tax loss for those years was approximately $123,454.
The defendants also face civil penalties associated with the charges.
The sentencings are the culmination of an investigation on the part of the Criminal Special Agents of the Internal Revenue Service, under the direction of Acting Special Agent in Charge Toni Weirauch.
Buffalo Man Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Jerome C. Crosby, 58, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $2,000,000.
Assistant United States Attorneys Mary Clare Kane and George C. Burgasser, who are handling the case, stated that the defendant was intercepted over New York State wiretaps, on numerous occasions, arranging to acquire and purchase cocaine from Wallace Peace and other defendants. Search warrants executed during the investigation resulted in the seizure of 17 firearms, more than five kilograms of cocaine powder and in excess of 200 grams of crack cocaine.
Crosby was arrested along with 30 other defendants in July 2008. To date, 27 have been convicted.
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 9, 2014 at 12:30 p.m. before Judge Arcara.
Waterloo Man Sentenced in Child Pornography CaseRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William, J. Hochul, Jr. announced today that Ronald Beaton, 68, of Waterloo, N.Y., who was convicted of possession of child pornography, was sentenced to 30 months in prison and 10 years supervised release, by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Special Agents with Homeland Security Investigations conducted an undercover investigation and discovered that a user of an Internet Protocol address was sharing child pornography files using file-sharing software. The Internet Protocol address was assigned to the defendant and his residence on West Main Street in Waterloo. A search warrant was executed and agents found video files depicting child pornography on the defendant=s computer.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part Special Agents from Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge, James C. Spero.
Rochester Man Sentenced on Child Pornography ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced that Richard Bailey, 55, of Rochester, N.Y., who was convicted of distributing and receiving child pornography, was sentenced to 96 months in prison by U.S. District Court Judge Charles J. Siragusa.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Bailey used peer-to-peer software to obtain and distribute images of child pornography. The defendant avoided detection by stealing other people’s wireless internet connection to trade the child pornography. This conduct exposed people who were innocent of any wrongdoing to the risk of having search warrants executed on their homes.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Buffalo Attorney Sentenced for Submitting False Tax ReturnsRead the Press Release
Buffalo, N.Y. -- The United States Attorney's Office for the Western District of New York announced today that Lisa M. Yaeger, 50, of Buffalo, N.Y., who was convicted of submitting false documents to the Internal Revenue Service, was sentenced to time served and six months supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Gretchen L. Wylegala, who handled the case, stated that the defendant, an attorney who was employed in a variety of public positions, also maintained a private practice. Yaeger failed to report substantial amounts of income she received from her private practice in the years 2005, 2006 and 2007. The tax loss attributable to the undisclosed income exceeded $22,000. The defendant has made full restitution.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigative Division, under the direction of Special Agent- in-Charge Toni M. Weirauch.
Arizona Man Pleads Guilty to Drug and Money Laundering ChargesRead the Press Release
BUFFALO, N.Y. B U.S. Attorney William J. Hochul, Jr. announced today that Shane Grafman, 29, of Prescott, Arizona, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 100 kilograms or more of marijuana, as well as a separate charge of money laundering conspiracy, before U.S. District Court Judge Richard J. Arcara. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life and a fine of $11,342,000.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between April 2009 and February 1, 2012, the defendant conspired with others to distribute cocaine and marijuana. The defendants obtained the narcotics in the State of Arizona, and then utilized several methods to send the marijuana and cocaine to the Buffalo area, including cars, trucks, shipping crates and United States Postal Service parcels. Grafman also utilized private jets to travel from Arizona to Buffalo to pick up his drug proceeds.
During the investigation, law enforcement officers seized approximately $1,000,000 in United States currency, including $671,385 from a hidden compartment within a Honda Ridgeline driven by Grafman.
As part of his plea, the defendant admitted that he distributed more than 100 kilograms (200 pounds) of cocaine and 1000 kilograms (more than 2000 pounds) of marijuana during the course of his crimes. At an average usage rate for cocaine of 100 milligrams per use, the amount of cocaine distributed by the defendant would have resulted in at least 1,000,000 individual uses, or “hits.”
Grafman was arrested in February 2012. Other defendants charged in the case include Elijah Chaffino, of Tempe Arizona, who has been convicted nd is awaiting sentencing. Charges are still pending against defendants Jordan Ali, formerly of Alden, N.Y, Jason Nati, of Buffalo, N.Y., and Jacquelyn Witman, formerly of Buffalo, N.Y., now residing in the Atlanta, Georgia area. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; Internal Revenue Service, under the direction of Special Agent-in-Charge Toni M. Weirauch; United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Kevin Niland; Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig; Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; Niagara Frontier Transit Authority, under the direction of Chief George Gast; Tempe, Arizona Police Department; Apache County, Arizona Sheriff's Department; and Oklahoma State Police.
Sentencing is scheduled for June 25, 2014 at 9:00 a.m. before Judge Skretny.
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Akron Man Pleads Guilty to Posession of Child PornographyRead the Press Release
BUFFALO, N.Y. B U.S. Attorney William J. Hochul, Jr. announced today that Michael A. Taschetta, 55, of Akron, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to possession of child pornography. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant downloaded images of child pornography from the internet, some of which included graphic depictions of children under 12 years old engaged in sexual conduct. Taschetta downloaded child pornography onto his computer utilizing a peer-to-peer software application.
The plea is the culmination of an investigation on the part of Special Agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.
Sentencing is scheduled for May 27, 2014 at 12:30 p.m. before Judge Arcara.
U. S. Attorney's Office Announces Historic Cocaine SeizuresRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that four defendants have been charged in three separate complaints with narcotics trafficking resulting in the largest seizure of cocaine ever in the Rochester area.
“These seizures demonstrate the commitment of law enforcement to protect the community from these dangerous drugs,” said U.S. Attorney Hochul. “At the same time, the public should be aware that cocaine, in addition to heroin and prescription drugs that are illegally abused, can have lethal consequences and no one is immune from the addictions cause by these drugs.”
Christopher Kendrick was arrested on February 4, 2014 on Interstate 490 near Chili, N.Y. with 24 kilograms of suspected cocaine. He is charged with possession with intent to distribute 10 kilograms or more of cocaine. The charge carries a mandatory minimum of 10 years in prison, a maximum of life and a $10,000,000 fine. This seizure is believed to be the single largest seizure of cocaine ever in the Rochester area.
In another case, Jaime Fontanez and Daniel Acevedo were also arrested on February 4, 2014 following the execution of a search warrant at 72 Jewell Street in Rochester, N.Y. During the course of the investigation, law enforcement officers recovered three kilograms of suspected cocaine. The defendants are charged with possession with intent to distribute 500 grams or more of cocaine, attempting to possess 500 grams or more or cocaine with intent to distribute, and possession of cocaine with intent to distribute.
A fourth defendant, Manuel Rivera, was arrested on January 31, 2014 after officers recovered two kilograms of cocaine during a search warrant at the defendant’s residence on Seneca Manor Drive in Rochester. He is charged with conspiracy to possess 500 grams or more of cocaine with intent to distribute.
Fontanez, Acevedo and Rivera all face a mandatory minimum five years in prison, a maximum of 40 years, and a $5,000,000 fine.
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 United States Postal Inspection Service, under the direction of Kevin Niland, Inspector in Charge, Boston Division, 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, 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.
Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Alex Flecha, 28, of Rochester, N.Y., who was convicted of possession of cocaine with the intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to five years in prison by U.S. District Court Judge Charles J. Siragusa. The defendant also forfeited any interest he had in $25,140.00 that was seized, as drug trafficking proceeds.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on October 4, 2010, members of the Greater Rochester Area Narcotics Enforcement Team executed a narcotics search warrant at Flecha’s residence on LaGrange Avenue, in Rochester. The warrant was executed following surveillance of Flecha entering and exiting the residence and departing the location in a vehicle. Officers conducted a traffic stop of the vehicle and the defendant was taken into custody. Flecha surrendered the key to his residence to assist in the warrant execution. Officers recovered approximately 500 grams of cocaine, and other items commonly associated with narcotics trafficking, including numerous unused clear bags and a bag of cutting agent. Also found was a .45 caliber H&K semi-automatic pistol, a loaded magazine and additional loose ammunition. Officers also seized $25,140 in United States currency.
The sentencing is the culmination of an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, and the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli.
Rochester Tax Preparer Sentenced for Filing Fraudulent ReturnsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jorge Laurido, 54, of Rochester, N.Y., who was convicted of assisting in the preparation of false tax returns, was sentenced to five years probation and a fine of $10,000 by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant prepared and filed false income tax returns for tax filers in Rochester. Specifically, the defendant filed tax returns for the years 2007 through 2010 that falsely represented the taxpayers' earned amounts of self-employment income. This allowed Laurido's clients to be eligible for larger Earned Income Credits. The false returns resulted in the taxpayers receiving larger refunds than they were entitled to. The Internal Revenue Service determined that the false tax returns prepared and filed by the defendant resulted in losses totaling $116,139.00.
The sentencing was the culmination of an investigation on the part of Special Agents of the Internal Revenue Service – Criminal Investigation, under the direction of Special Agent in Charge Toni Weirach.Ontario Man Sentenced on Drug Smuggling ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Edman Ho, 28, of Timmins, Ontario, who was convicted of conspiracy to import 3,4-methylenedioxymethamphetamine (MDMA) into the United States from Canada, was sentenced to 24 months in prison, by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that case began with an investigation into narcotics smuggling by Ho from Canada. The drugs were primarily distributed in the City of Niagara Falls and other locations in Niagara County.
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Elma Man Indicted on Gun Charges and Making False StatementsRead 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 Bernard T. Grucza, 38, of Elma, N.Y., with making false statements during a firearm purchase, possession of a firearm by a person subject to as domestic violence order of protection and making false statements. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment, the defendant made false oral and written statements to South Georgia Outdoors in an effort to obtain a Beretta 9mm pistol. In addition Grucza made false written statements to Big Daddy Guns in order to obtain a Ruger .380 caliber pistol.
The indictment also states that between July 13, 2013 and October 16, 2013, the defendant possessed a Ruger .380 caliber pistol despite being the subject of a restraining order issued by Elma Town Court. The indictment further states that Grucza made false statements to Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives that he had destroyed the Ruger .380 caliber pistol and thrown out the parts when in fact he had not.
The defendant will be arraigned on February 10, 2014 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Hamburg Police Department, under the direction of Michael Williams.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Indicted in Investigation Involving Smuggling Heroin into Attica Correctional Facility; Two Others Facing Heroin ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury returned an indictment charging Elizabeth Camue Martinez, 33, of Buffalo, N.Y., and her husband, Andres Martinez, 28, an inmate at the Attica Correctional Facility, with possession with intent to distribute, and to distribute, heroin and marijuana. Jerome J. Tallington, 25, of Buffalo, N.Y., has also been indicted and charged with possession with intent to distribute and distribution of heroin. Davon Banks, 35, of Buffalo, N.Y., is charged in a complaint with possession with intent to distribute a mixture and substance containing Fentanyl and prohibited person in possession of a firearm. All charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
“This past June, we warned of the potentially lethal consequences of heroin and fentanyl,” said U.S. Attorney Hochul. “As demonstrated by the recent fatalities in Western New York and elsewhere, that message went unheeded. Let today’s developments be fully understood. Whether rich or poor, suburban resident or prison inmate, no one is immune from the effects of this addiction. As for the traffickers, because delivery of these substances is akin to handing a person a loaded gun, they will be prosecuted to the fullest extent of the law.”
According to state documents filed in Wyoming County, on December 5, 2013, Elizabeth Camue Martinez smuggled heroin into the Attica Correctional Facility to give to her husband, Andres Martinez, an inmate at the facility. On December 8, 2013, defendant Jerome Tallington sold approximately three grams of heroin to a New York State Police investigator.According to the complaint charging Davon Banks, on January 14, 2014, law enforcement officers executed a search warrant at the defendant’s residence at 359 Sherman Street in Buffalo. Officers seized approximately 163 plastic bags containing a powdery substance, a 12 gauge shotgun, and a digital scale. Subsequent analysis on the powdery substance determined that it contained Fentanyl. The complaint further states that Banks was subject to a protective order preventing him from possessing a firearm.
Drug Enforcement Administration Acting Special Agent in Charge James J. Hunt stated, “Heroin overdose rates have increased 45% nationwide. The spread of heroin abuse has even reached a place we put drug dealers for their crimes – jail. Numerous heroin overdose deaths have been attributed to heroin laced with fentanyl throughout the northeast and in this case, the victim was given pure fentanyl which led to lethal consequences. Every time you use an illicit drug it’s a life or death risk. The DEA, the Western District of New York, and the Wyoming County District Attorney’s Office have investigated these deaths which resulted in the arrests of Andres Martinez, Elizabeth Camue-Martinez and Jerome Tallington for their role in this conspiracy.”
Troop A Commander, Major Michael J. Cerretto said, "Heroin addiction destroys lives. The number of overdose deaths that law enforcement agencies investigate is just staggering. I am very pleased that the New York State Police Community Narcotics Enforcement Team was able to be a part of this very important investigation."
NYS Department of Corrections and Community Supervision Acting Commissioner Anthony J. Annucci said, "Illegal drugs are a danger to our communities and our prisons. I applaud the teamwork that brought about these arrests, and I am proud that DOCCS staff played a role in taking these people and their drugs off the streets."
The indictment and complaint are the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police, under the direction of Major Michael Cerretto, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Wyoming Country District Attorney’s Office, under the direction of Donald O’Geen, the Erie County District Attorney’s Office, under the direction of Frank Sedita, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony Annucci.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Probationary Buffalo Police Officer Pleads Guilty <br /> to Drug ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hamilton, Jr., 29, of Buffalo, N.Y., pleaded guilty to distribution of marijuana before U.S. District Judge William M. Skretny. The charge carries a maximum sentence of five years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on November 20, 2013, Hamilton, a probationary Buffalo Police Officer, sold a half pound of marijuana to a confidential source working with the Drug Enforcement Administration and the Erie County Sheriff’s Department. At the time of the sale, the defendant possessed his Buffalo Police issued .40 caliber Glock handgun.
Following the sale, the defendant was arrested and a search warrant was executed at his residence at 165 Floss Avenue in Buffalo. During the search, officers seized approximately 80 marijuana plants, three to four pounds of processed marijuana and a shotgun.
As a result, the defendant no longer works for the Buffalo Police Department.
Sentencing is scheduled for June 18, 2014 at 9:00 a.m. before Judge Skretny.
The plea is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.Naples Man Pleads Guilty to Making False Statements to FbiRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brandon Todd, 20, of Naples, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to making false statements to the Federal Bureau of Investigation. The charge carries a maximum penalty of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that the defendant called the FBI in April and early May 2013 claiming to have information about sex trafficking. Todd also claimed to be involved in sex trafficking and to have connections to a group involved in sex trafficking. Following the defendant’s calls, the FBI began an investigation into Todd’s claims. On July 10, 2013, the defendant made false statements to an FBI Special Agent that he had recruited approximately 49 girls for a sex trafficking ring and that he was a member of a gang. At the time, Todd knew that these statements were false. These false statements – concerning the nature of the defendant’s involvement in a sex trafficking ring and his affiliation with a gang - were material to the FBI’s investigation.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent In Charge Brian Boetig.
Sentencing is scheduled for May 15, 2014 at 3:30 p.m. before Judge Geraci.
Pittsford Man Sentenced on Drug Trafficking<br /> and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jerry Pulsifer, 28, of Pittsford, N.Y., who was convicted of possession of cocaine with intent to distribute and possessing a firearm in furtherance of a drug trafficking offense, was sentenced to 130 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Pulsifer was arrested on August 8, 2010, after members of law enforcement responded to the Red Carpet Inn on West Henrietta Road, in Henrietta, N.Y.. A resident called the police to report a male who was using drugs in his hotel room at the location. Upon arrival, Monroe County Sheriff’s deputies could smell a strong odor of marijuana coming from room 143. Deputies could smell an even stronger odor of marijuana coming from the room once the defendant opened the door.
Pulsifer admitted to smoking marijuana when asked about the smell and gave an additional amount of marijuana to the deputies. Further investigation revealed that the defendant possessed 30 bags of cocaine, packaged for distribution, concealed inside of a hair spray can with a false bottom, a Smith & Wesson Model 1000 20 gauge shotgun, over $42,000.00 in United States currency, as well as other items associated with drug trafficking.
The sentencing is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, and the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick M. O’Flynn.
Mdb Gang Member Pleads Guilty to Drug and Weapons ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jacob Rivera, a/k/a “JJ,” 20, of Rochester, N.Y., pleaded guilty to conspiracy to distribute more than 280 grams of crack cocaine and possession of a firearm in furtherance of drug trafficking activities Before U.S. District Judge Frank P. Geraci. The drug charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment, a $10,000,000 fine, or both. The gun charge carries a mandatory minimum penalty of five years in prison, a maximum of life, which must be served in addition to the sentence Rivera receives on the drug charge.
“Today’s development is the result of law enforcement tracking down and prosecuting gangs that attempt to fill the streets of our community with illegal narcotics and violence" said U.S. Attorney Hochul. “But we also need the public to partner with us. As we often say, ‘if you see something, say something so that those of us in law enforcement can do something.’”
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that Rivera was part of a violent, street level drug trafficking organization that referred to themselves as “M.D.B.” or “The Broezel Boys.” From 2010 until June 2013, members and associates of M.D.B. controlled the open air drug market in a multi block area near the intersection of Dewey and Lexington Avenues, including all of Broezel Street, the north end of Maryland Street, portions of Driving Park and portions of Lakeview Park, in Rochester. M.D.B. members and associates also maintained and operated several drug houses at locations in Rochester including the duplex residence at 325/327 Lexington Avenue, the upstairs apartment at 171 Maryland Street, the upstairs apartment at 316 Lakeview Park and 672 West Main Street, each for the purpose of possessing, manufacturing, distributing, and using controlled substances.
In his plea before the court, Rivera admitted that he possessed firearms in furtherance of his drug trafficking activities and that he used violence and threats of violence against unaffiliated persons who attempted to sell illegal controlled substances within their territory and against certain witnesses who were viewed as hostile to the interests of M.D.B.
Rivera was arrested in June 2013 along with two other defendants.
The plea is the culmination of an investigation on the part of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Office, the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.
Sentencing is scheduled for May 1, 2014 at 3:30 p.m. before Judge Geraci.
Customs and Border Protection Supervisor Sentenced for Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Steven Metz, 42, of Hamburg, N.Y. who was convicted of possession of child pornography, was sentenced to five years in prison and five years of supervised release by U.S. District Court Chief Judge William M. Skretny. The judge ordered that the defendant be remanded immediately.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on October 25, 2012, the defendant, a supervisor with U.S. Customs and Border Protection, was found in possession of approximately 3000 images and 70 videos of child pornography on his computer at his residence in Hamburg. Some of these files contained depictions of violence, and some of the children shown in the images and videos were prepubescent children as young as three years old. As a result of this conviction, the defendant will no longer be employed by the federal agency.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the U.S. Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Special Agents of the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent in charge Gregory Null, and officers of the Hamburg Police Department under the direction of Chief Michael K. Williams.Chatauqua County Business Owner Sentenced for Failing to Pay Payroll TaxesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that John C. Creighton, 57, of Bemus Point, N.Y., who was convicted of failing to pay payroll taxes, was sentenced to 12 months in prison and ordered to pay restitution to the IRS totaling $663,627, by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that Creighton is the president and owner of Classic Brass Inc. in Lakewood, N.Y. In 2010 and 2011, the defendant withheld payroll taxes from the paychecks of CBI employees. Creighton failed however to make payroll tax payments to the IRS, and failed to file Forms 941 regarding the payment of payroll taxes.
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.10th Street Member Sentenced on RICO ConspiracyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Melvin Medina, 29, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO) Conspiracy, was sentenced to 78 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 the defendant was a member of the 10th Street Gang. Between 2000 and 2010, Medina possessed firearms and sold crack cocaine and marijuana in the territory controlled by the 10th Street Gang as a part of his participation in the gang's activities.
The defendant is among 44 10th Street Gang members and associates charged in this case. A total of 28 have been convicted.
The sentencing is the culmination of an investigation on the part of Investigators of the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commission Daniel Derenda, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Jamestown Nurse Pleads Guilty to Conspiring to Distribute OxycodoneRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Samilyn Olson, 47, of Jamestown, N.Y., pleaded guilty to conspiracy to distribute oxycodone before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that Olson is a former nurse at the Veterans Affairs Community Based Outpatient Clinic, in Jamestown. The clinic provides medical services to VA patients in the area. On eight occasions between May and September 2010, the defendant stole prescription forms from a nurse practitioner at the clinic, forged the nurse practitioner=s name and wrote prescriptions for oxycodone. The prescriptions were then filled by Olson or others at a local pharmacy in Jamestown, New York and then distributed.
The plea is the result of an investigation on the part of the Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Jeffrey G. Hughes, Northeast Field Office, the Veterans Affairs Police Department, under the direction of Chief Michael Messina, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for May 2, 2014 at 12:30 p.m. before Judge Arcara.Former Afro Dogs National Vice President Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ricky Allen, 57, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to time served and five years supervised release by U.S. District Judge Richard J. Arcara. As part of his sentenced, the defendant is prohibited from any affiliation with the Afro Dogs Motorcycle Club or any another motorcycle gang.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who prosecuted the case, stated that the defendant was a former National Vice-President of the Afro Dogs Motorcycle Club. From 2009 through March 2011, Allen assisted co-conspirator John Smith in storing quantities of cocaine at his home.
Allen was intercepted on a wiretap of Smith’s telephone receiving directions for the packaging and distribution of the cocaine. The conversations also included discussion of information that Allen obtained in his position with the Buffalo Joint Commission to Examine Police Reorganization.
The defendant was ordered to forfeit a 2010 Harley Davidson motorcycle, a vehicle and approximately $28,200.00 in United States currency.
Allen was arrested in March 2011 along with 11 other defendants. A total of nine defendants, included Allen, were convicted. Eight of the defendants have been sentenced, while a ninth defendant, John Smith, died before his sentencing. Three defendants were acquitted following a jury trial.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation under the direction of Special Agent in Charge Brian P. Boetig, The New York State Police, under the direction of Major Wayne Olson, the Buffalo Police Department under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction of Chief John Askey, the Tonawanda Police Department under the direction of Chief Anthony Palombo, the Lockport Police Department under the direction of Chief Lawrence Eggert, and the Internal Revenue Service, Criminal Investigations, under the direction Special Agent-in-Charge Toni M. Weirauch, Special Agent in Charge.West Seneca Man Charged with Receipt of Child PornographyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Joseph S. Heleniak, 68, of West Seneca, N.Y., was charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum penalty of 40 years, and a fine of $250,000 or both.
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 criminal complaint, 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 defendant made an initial appearance this afternoon before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing for Tuesday, January 28th at 10:00 a.m.
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 arrest is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Pleads Guilty to Six Bank Robberies Across New York StateRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert Stevenson, 59, of Rochester, N.Y., who 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 fine or both.
According to Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, on June 11, 2012, the defendant entered the First Niagara Bank at 2853 Delaware Avenue, in Kenmore, N.Y., approached a teller station and handed the teller a note which stated, “100.00 and 50.00.” Stevenson then tapped on his waistband and made a noise and gesture suggesting that he had a weapon under his shirt.
In addition to the First Niagara Bank robbery, the defendant also committed the following robberies:
• April 25, 2012, Citizens Bank, 2250 Hudson Avenue, Irondequoit, N.Y.
• May 11, 2012, HSBC Bank, 333 West Washington, Syracuse, N.Y.
• August 20, 2012, Adirondack Bank, 185 Genesee Street, Utica, N.Y.
• October 3, 2012, Bank of America, 50 Genesee Street, New Hartford, N.Y.
• November 5, 2012, Northwest Savings Bank, 210 W. Main Street, Falconer, N.Y.The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the Irondequoit Police Department, under the direction of Chief Richard Tantalo, the Syracuse Police Department, under the direction of Chief Frank Fowler, the Utica Police Department, under the direction of Chief Mark Williams, the New Hartford Police Department, under the direction of Chief Michael Inserra, the Kenmore Police Department, under the direction of Chief Peter Breitnauer, the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss, Jr., and the Albany Office of the Federal bureau of Investigation, under the direction of Special Agent in Charge Andrew Vale.
Sentencing is scheduled for May 7, 2014 at 1:00 p.m. before Judge Arcara.Mother of 7th Street Gang Member Pleads Guilty to RICO ConspiracyRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Carmen Geter, 41, of Buffalo, N.Y., pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine or both.
“This case demonstrates both the reach of federal racketeering laws as well as our continuing commitment to root out all violent gang members and those who illegally support them,” said U.S. Attorney Hochul.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant is the mother of 7th Street Gang member and co-defendant Kasiem Williams. As a member of the conspiracy, Geter facilitated the criminal activities of the enterprise by providing rides in her vehicle to members and associates of the gang at the request of co-defendant Efrain Hidalgo. Those activities including the selling of heroin, cocaine and marijuana in the territory controlled by the 7th Street Gang and Cheko’s Crew. The defendant knew that those she provided rides for were involved in the distribution of illegal narcotics, firearms possession, and violent crimes.
Charges are pending against Efrain Hildalgo and Kasiem Williams. 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 pleas are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Office.
Sentencing is scheduled for May 1, 2014 before Judge Arcara.Michigan Man Sentenced for Making False StatementsRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Michael T. Henson, 51 of Fowerville, Michigan, who was convicted of making false statements, was sentenced to 18 months in prison by District Court Judge Richard J. Arcara. The judge also ordered the defendant pay restitution in the amount of $127,091.08 to the victims in this case.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that defendant was contracted to transport an interstate shipment of 20 tons of copper and brass via tractor trailer from Buffalo, N.Y. to Lonoke, Arkansas, and Midland, Texas. The shipment was valued at approximately $130,000. On June 22, 2010, Henson picked up the shipment in Buffalo but it was never delivered to its intended recipients. On July 13, 2010, the defendant had a telephone conversation with a Special Agent of the Federal Bureau of Investigation from Buffalo regarding the missing shipment. Henson stated that he dumped the load of copper he was hauling along a rural road near West Memphis, Arkansas when in fact he had not. Cellular telephone records for the defendant revealed that during the relevant time period, Henson did not travel to the State of Arkansas.
The conviction is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge, Brian P. Boetig.Amherst Man Pleads Guilty in Connection with Burglary at a Middle Port PharmacyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Codelia, 47, of Amherst, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, oxycodone stolen from the Middleport Family Health Center and Pharmacy on August 12, 2012, during a burglary. The charges carry a maximum penalty of 20 years in prison.
According to Assistant U.S. Attorney Frank Pimintel, the defendant took part in the burglary of the pharmacy along with Cody S. Broecker and another defendant. Codelia says the three men cut a hole in the roof of the pharmacy, and Broecker and the other co-defendant then lowered themselves in and stole more than $12,500 worth of Amphetamine, Oxycodone, Morphine, Hydrocodone, Codeine, Clonazepam, Lorazepam, Diazepam, and Zolpidem.
Codelia was arrested on August 14, 2012 in Buffalo after attempting to sell 400 of the pills taken during the burglary. The defendant’s arrest led law enforcement officers to Broecker and the other co-defendant who fled to Oregon. They were apprehended in November 2012. Broecker has been convicted and is awaiting sentencing. Charges against the other co-defendant are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division, the Niagara County Sheriff=s Department, under the direction of Sheriff James Votour, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for April 28, 2014, before Judge Arcara.
Jury Convicts Long Island Man of Conspiring to Murder Federal Judge and Federal ProsecutorRead the Press Release
BROOKLYN, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that a federal jury convicted Joseph Romano, 51, of Levittown, N.Y., of conspiring to murder the Assistant United States Attorney who prosecuted him for engaging in an eight-year, multi-million dollar fraud involving the telemarketing of coins. The jury also convicted the defendant of conspiring to murder the United States District Judge who sentenced him to 15 years in prison for that fraud. The defendant faces a maximum penalty of life in prison, a fine of $250,000, or both, in addition to forfeiture of over $200,000 when he is sentenced in March.
“A threat against a member of the criminal justice system, such as a Judge or an attorney, is nothing less than an attempt to subvert the system, and as such will not be tolerated,” said U.S. Attorney Hochul.
According to the Government’s trial evidence, the defendant agreed to pay $40,000 to an undercover police officer, whom he thought was a hit-man, to kill the federal judge and prosecutor. The defendant also requested that the hit-man cut off their heads in exchange for a “bonus.” Law enforcement authorities learned of the plot in August 2012 from another inmate at the Nassau County Correctional Center where Romano was being held. During the subsequent investigation, two undercover law enforcement officers, posing as hit-men, met with Romano and co-conspirator, Dejvid Mirkovic, numerous times at locations on Long Island, including the Correctional Center.
At the first meeting, Romano offered to pay one of the undercover officers $3,000 to assault an individual with whom he had a financial dispute. Co-conspirator Mirkovic then met with one of the undercover officers and paid him $1,500 as a down payment for the assault. After one of the undercover officers showed proof of the purported assault of the intended victim - in fact, a staged photograph and an identification card - Mirkovic paid the undercover officer the $1,500 balance.
Later that same day, Mirkovic again met with the undercover officer, relayed Romano’s instructions to murder the federal judge and prosecutor, and offered $40,000 for the commission of the two murders. In addition, Mirkovic indicated that Romano wanted the federal judge and prosecutor beheaded and the body of the prosecutor mutilated, and that he was willing to pay extra for those services. Over the following weeks, the undercover officer received $22,000 in cash down payments for the murders and was promised payment of the final $18,000 when the murders were completed. At the time of the arrests of Romano and Mirkovic on October 9, 2012, law enforcement officers recovered $18,000 in cash and a loaded 9mm semi-automatic handgun at Mirkovic’s residence in Lake Worth, Florida.In March 2013, Dejvid Mirkovic pleaded guilty to conspiracy to murder was sentenced to 24 years in prison in August 2013.
Today’s conviction was the latest development in an investigation handled by Special Agents and Task Force Officers of the Federal Bureau of Investigation, New York Office, under the direction of Assistant Director-in-Charge George Venizelos. The government’s case is being prosecuted by Assistant United States Attorneys Marshall L. Miller, Una A. Dean, and Brian Morris of the Eastern District of New York, under the supervision of U.S. Attorney William J. Hochul of the Western District of New York.Cocaine Trafficker Pleads to Drug ChargeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tremec Jeffries, 38, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Jeffries and others purchased large quantities of powder cocaine that they processed into crack cocaine, packaged, and resold it in various quantities in the City of Rochester. Jeffries was arrested on August 1, 2013 after he was surveilled by officers arriving at 35 Wakefield Street in Rochester operating his 2004 Chevrolet Avalanche. The defendant unlocked the location with a key and entered. Officers then raided the location and Jeffries, the only person inside, was arrested after attempting to jump out a second story window.
Inside the residence, officers seized 50 grams of crack cocaine, 31 grams of powder cocaine, processing and packaging paraphernalia, a .12 gauge shotgun, and a loaded, Glock .45 caliber semi-automatic pistol that had been reported stolen out of North Carolina in 2010. Jeffries had $1,640 in U.S. currency on his person and the Avalanche contained $15,000 in U.S. currency bundled in $1,000 increments. The cash has been forfeited by the Drug Enforcement Administration as drug money.
The conviction is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge Jamie J. Hunt, New York Field Division, with assistance provided by the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Rochester Police Department under the direction of Acting Chief Michael Ciminelli, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge, Scott Heagney.
Sentencing is scheduled for May 21, 2014 at 3:00 pm before Judge Larimer.Canadian Man Pleads in Case Involving Largest Seizure of Cocaine in District HistoryRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Parminder Sidhu, 39, of Brampton, Ontario, pleaded guilty to conspiracy to export from the United States five kilograms or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a minimum sentence of 10 years in prison, a maximum of life, a $10,000,000 fine or both.
“This case stands for more than the largest seizure of cocaine in this District’s history,” said U.S. Attorney Hochul. “Of equal importance, this prosecution demonstrates that American and Canadian law enforcement partners can work seamlessly together to protect the citizens of both countries. For while it may have be true that crime knows no borders, now criminals should realize that our ability to apprehend them also has no geographic limitations.”
“Investigations of this scope and caliber would not be possible without the partnerships we have built under the Border Enforcement Security Task Force model, including with our Canadian law enforcement partners,” said James C. Spero, Special Agent in Charge of HSI Buffalo. “With these guilty pleas, the Buffalo BEST team and the Peel Regional Police Service have dismantled one of the biggest cocaine smuggling organizations to have ever operated in Western New York.”
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2009 and May 10, 2011, the defendant conspired with Michael Bagri and Ravinder Arora to export cocaine from the United States to Canada. In September 2010, Sidhu hired defendant Bagri to travel to California to pick up cocaine. Defendant Bagri then hid 97 kilograms of cocaine in a false compartment in the floor of a tractor trailer. The tractor trailer was then driven to Cheektowaga, N.Y. where it was turned over to defendant Ravinder Arora. Defendant Arora then proceeded to Canada. At the Lewiston-Queenston Bridge, Special Agents with the Department of Homeland Security and Customs and Border Patrol seized the 97 kilograms of cocaine from the false compartment during a secondary inspection.
On May 1, 2011, Sidhu directed defendant Bagri to travel once again to California. After hiding another 26 kilograms of cocaine in another tractor trailer, the rig was driven to a truck stop in Pembroke, N.Y. The tractor trailer was then picked up by a driver hired by Parminder Sidhu. As the driver exited the truck stop, Bagri followed behind in another vehicle. Agents later stopped the tractor trailer and Sidhu’s vehicle and seized the 26 kilograms of cocaine.
During the execution of a search warrant at Sidhu’s residence in Canada, agents discovered drug ledgers which detailed nine addition smuggling trips in 2009 and 2010. These trips involved approximately 1,617 kilograms of cocaine being transported from the United States into Canada.
Defendants Ravinder Arora and Michael Bagri have been convicted of similar charges and are awaiting sentencing which is scheduled for April 9, 2014.
The plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Officers from the United States Customs and Border Protection, under the direction of Randy Howe, Acting Director of Field Operations, the Peel Regional Police Department, under the direction of Chief Jennifer Evans, the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region and the Toronto Police, under the direction of Chief William Blair.
Sidhu will be sentenced on May 28, 2014, at 9:00 a.m. before Chief Judge Skretny.Brockport Financial Advisor Indicted on Mail Fraud and Bankrupcy Fraud ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a two-count indictment charging Eduardo Galan, 63, of Brockport, N.Y., mail fraud and bankruptcy fraud. The charges carry a maximum sentence 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 Galan promised to invest $75,000 for a client in a private mortgage loan through his business, S&G Unlimited Services. In fact, the defendant spent the money for his own benefit to repay creditors and on other expenses. After the client obtained a civil judgment against Galan and S&G Unlimited Services, the defendant misused his Chapter 7 bankruptcy proceeding to try to obtain a discharge for the debt, falsely characterizing the debt as a personal loan.
This indictment is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. 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.Amherst Woman Pleads Guilty to Bank FraudRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Amanda Hollmer, 36, of Amherst, N.Y., pleaded guilty to bank fraud before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of 30 years in prison, a fine of $1,000,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that Hollmer executed what is sometimes referred to as a “check kiting” scheme between December 2009 and December 2010 which defrauded various financial institutions. Specifically, the defendant opened up various checking accounts at local banks and deposited checks from other checking accounts that either had no funds or had been closed. By then withdrawing cash from the institution before the bank could learn of the insufficient funds underlying the deposit, Hollmer stole funds, or attempted to steal funds from at least seven different financial institutions. In total, the financial institutions incurred a total loss of $27,552.
Sentencing is scheduled for April 29, 2014, at 1:00 p.m. before Judge Arcara.
The plea is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.10th Street Gang Member Sentenced on RICO and Firearm Charges; Two Associates Plead Guilty to Drug ChargesRead the Press Release
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Justin Augus, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO) and possession of a firearm in furtherance of drug trafficking, was sentenced to 228 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that Augus, a 10th Street Gang member, participated in three shootings. On July 14, 2008, the defendant and another gang member shot a rival member of the 7th Street Gang. On August 11, 2009, Augus and another gang member shot at rival 7th Street Gang associates. And on November 8, 2009, the defendant was in a vehicle being driven by another 10th Street Gang member when he fired several rounds from a semi-automatic weapon which struck a 7th Street Gang member. In addition, Augus distributed marijuana in the territory controlled by the gang between 2000 and 2010. He also possessed firearms during his drug trafficking activities.
Darnell McIntosh, and Jonathan Serrano, both of Buffalo, N.Y., each pleaded guilty before Judge Arcara. Darnell McIntosh pleaded guilty to conspiracy to distribute crack cocaine, cocaine and marijuana, which carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both. Jonathan Serrano pleaded guilty to conspiracy to distribute marijuana, which carries a maximum penalty of five years in prison, a fine of $250,000, or both.
Between 2006 through 2011, Darnell McIntosh obtained quantities of cocaine and crack cocaine from members of the 10th Street Gang which he then re-distributed in the City of Buffalo. At various times, McIntosh also obtained quantities of marijuana which he also sold.
Jonathan Serrano, along with members and other associates of the 10th Street Gang, sold marijuana in the territory controlled by the gang in 2009.
The defendants are among 44 10th Street Gang members and associates charged in this case. A total of 29 have been convicted.
The pleas are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, 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.
Jonathan Serrano will be sentenced on April 28, 2014, at 1:00 p.m. before Judge Arcara. Sentencing for Darnell McIntosh is scheduled for July 24, 2014, at 12:30 p.m., also before Judge Arcara.Wellsville Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Justin J. McPherson, 28, of Wellsville, N.Y., who was convicted of conspiracy to manufacture, possess with intent to distribute and distribute, 50 grams or more of methamphetamine, was sentenced to time served (24 months) in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that during the execution of a search warrant on January 26, 2012 at a residence on South Main St. in Wellsville, law enforcement officers discovered items used to manufacture methamphetamine and a quantity of methamphetamine. A search warrant was later executed at a residence on Madison Ave. in Wellsville. During that search, officers discovered an active methamphetamine laboratory.
The defendant was arrested along with Jason Patterson, his wife April Patterson, Anthony Kidd, and John Faber. April Patterson, Kidd and Faber have been convicted and are awaiting sentencing. Charges are pending against Jason Patterson. 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.
Today’s sentencing is the result of an investigation on the part of the New York State Police, under the direction of Major Michael Cerretto, the Wellsville Police Department, under the direction of Chief Timothy Walsh, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.Pittsford Man Sentenced for Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul Jr. announced today that Michael Mercadel, 21, of Pittsford, N.Y., who was convicted of possessing child pornography, was sentenced to 10 years supervised release by U.S. District Court Judge David G. Larimer. The defendant had been subject to a recommended sentencing guideline range of 97 to 120 months in prison.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant downloaded and distributed child pornography, via a peer-to-peer file sharing network. Mercadel came to the attention of law enforcement during an undercover FBI investigation during which agents downloaded images of child pornography from the defendant. A search warrant was then executed at the defendant’s home in Pittsford. Agents recovered items of digital media which contained images of children, many of whom were under the age of 12, engaged in sexually explicit conduct, and many of which depicted acts of violence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.North Tonawanda Man Sentenced for Selling Cocaine and Setting a Car on FireRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that William Hutchins, 37, of North Tonawanda, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute 500 grams or more of cocaine, and maliciously destroying a vehicle by means of a fire, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.
According to Assistant U.S. Attorney Timothy C. Lynch, who handled the case, between January 2009 and July 27, 2009, the defendant conspired with others to distribute cocaine to customers in Niagara and Northern Erie Counties. Hutchins obtained the cocaine and then sold it at, among other places, a restaurant on Niagara Falls Boulevard in Niagara Falls, N.Y. In addition, on May 23, 2008, the defendant poured gasoline in the back seat of a 1998 Mazda and ignited it, causing damage. At the time, the vehicle was used by another person for drug trafficking.
The sentencing is the culmination of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the Niagara County Drug Task Force, under the direction of Sheriff James Votour, the Niagara Falls Police Department, under the direction of Chief John Chella and the Amherst Police Department, under the direction of Chief John AskeyLeichester Man Pleads Guilty to Recruiting A Minor for PrositutionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jacob Shamp, 23, of Leichester, NY, pleaded guilty to conspiring to recruit an underage girl to commit a commercial sex act before Chief U.S. District Judge Frank P. Geraci. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that Shamp and his girlfriend, Ashlee Cook, 24, posted an ad on Backpage.com, advertising a minor victim for prostitution. Law enforcement officers conducted an undercover operation and arranged to meet the girl in Gates, NY. When officers arrived, they took a statement from the minor victim.
Charges are still pending against Ashlee Cook. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesworth, and the Gates Police Department, under the direction of Chief James VanBrederode.
Niagara County Woman Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Roberta Hannon, 46, of the Town of Niagara, who was convicted of conspiring to manufacture methamphetamine, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.
According to Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, the defendant was arrested along with three others during the execution of a search warrant of a mobile home at 314 Quain Place, Town of Niagara, on May 3, 2012. Hannon resided in a mobile home at that address. During the execution of the search warrant, members of the Niagara County Drug Task Force and Drug Enforcement Administration seized, among other things, an active one-pot methamphetamine lab "cooking" on the stove in the kitchen, substantial quantities of precursor chemicals and ingredients used to manufacture methamphetamine, a digital camera, spent blister packs from pseudophedrine tablets, and drug paraphernalia. The digital camera contained photographs of the defendant and others engaged in drug-related activity.
The defendant’s husband, Jason Hannon, was sentenced to 63 months in prison; her nephew Robert Gardiner was sentenced to 12 months in prison; and a third co-defendant, Keith Crossley, was sentenced to 37 months in prison.
The sentencing is the result of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and members of the Niagara County Drug Task Force, under the direction of Sheriff James Votour.Former Afro Dogs President Sentenced on Drug Conspiracy and Other ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dewey Taylor, a/k/a Road Rash, 42, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute cocaine and structuring financial transactions following a five week jury trial, was sentenced to 144 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Eric M. Opanga, who handled the prosecution of the case, stated the Government’s evidence established that the defendants in this case used the Afro Dogs Motorcycle Clubhouse as a front for a cocaine trafficking operation. Dewey Taylor was the former president of the Afro Dogs Motorcycle Club. Between 2006 and March 2, 2011, Taylor supplied Afro Dogs National Vice-President John C. Smith, a/k/a Kazoo, with cocaine for distribution to members and non-members throughout the Buffalo area. The evidence presented by the Government at trial included five months of wiretap conversations recorded on John Smiths’ cellular phone. The Government also presented evidence of 14 undercover purchases of cocaine from Smith. John Smith was awaiting sentencing in June 2013 when he died.
In addition to being found guilty of drug conspiracy, Taylor was also convicted of seven counts of structuring financial transactions to evade currency reporting requirements. On seven separate occasions, Taylor deposited funds into personal and business accounts in the name of DT Liquors at the Erie Metro Federal Credit Union. The individual deposits totaled more than $10,000 which requires the filing of a Currency Transaction Report with the Internal Revenue Service. But the defendant split the transactions into smaller amounts in an attempt to evade the reporting requirements.
Co-defendant Dale Lockwood pleaded guilty to conspiracy to possess with intent to distribute cocaine in August 2013 and was sentencing to 60 months in prison. Co-defendants William Szymanski, Anthony Burley, and Van Miller were acquitted of the same charge.
The five defendants were arrested in March 2011 along with seven other defendants who were previously convicted of related charges.Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Wayne Olson, the Buffalo Police Department under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction of Chief John Askey, the Tonawanda Police Department under the direction of Chief Anthony Palombo, the Lockport Police Department under the direction of Chief Lawrence Eggert, and the Internal Revenue Service, under the direction of Toni M. Weirauch, Special Agent in Charge.
Rochester Man Sentenced in Large Tax Refund SchemeRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Juan Marie Delvalle, 26, of Rochester, N.Y., who was convicted of conspiracy to commit tax fraud in connection with a large nationwide tax refund scheme, was sentenced by U.S. District Court Judge David G. Larimer to 12 months in prison and ordered to pay restitution of $1,644,202 to the Internal Revenue Service.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that from February 1, 2011 to October 31, 2011, Delvalle was involved in a scheme to obtain income tax refunds by the filing of fraudulent federal income tax returns with the Internal Revenue Service. Specifically, stolen identities were utilized to file the fraudulent federal income tax returns, and the wages and related tax withholdings reported on the federal income tax returns were fabricated in order to obtain the refunds. Most of the returns were filed in the names and social security numbers of individuals residing in Puerto Rico without their knowledge. Refund checks issued as a result of the fraudulent returns were sent to various addresses in Rochester and other locations in the country.
Approximately 600 federal returns with Rochester area addresses were filed by a company in Bronx, New York. These 600 tax returns claimed tax refunds totaling $3,555,302 of which $1,644,202 was paid out by the IRS. The refund checks were sent by the IRS to various locations in the Rochester area. Delvalle participated in the scheme by retrieving many of the refund checks which were sent to Rochester and forwarding the money to individuals in the New York City area who were responsible for filing the false tax returns. The defendant was paid a fee for his participation in the scheme.
The sentencing is the culmination of a joint investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Internal Revenue Service - Criminal Investigations, under the direction of Toni M. Weirauch, Special Agent in Charge.Buffalo Woman Charged with Bank Robbery and Accessory After the FactRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Sheila Cassata, 48, of Buffalo, N.Y., was arrested and charged by criminal complaint with bank robbery and accessory after the fact. The charges carry a maximum penalty of 30 years in prison and a $375,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, on December 27, 2013, the defendant drove Michael Mitchell (charged in separate federal complaint) to a Key Bank located at 201 Amherst Street near Military Road in Buffalo. Mitchell told Cassata that he was going to get “coin rolls.” The defendant then went to a nearby fast food restaurant and waited for Mitchell to call. The complaint further states that after receiving a call from Mitchell to pick him up near the bank, Mitchell told Cassata to get him out of there quickly because he can’t be caught with a weapon. Cassata told law enforcement officers that based on his actions, she knew he had robbed the bank. Cassata then dropped Mitchell off and he paid her $100.00 for “driving him around.”
Cassata’s arrest brings to 12 the number of defendants charged federally in a series of 22 bank robberies suspected to be related. A 13th defendant is facing state charges in the case.
Cassata made an initial appearance this afternoon before U.S. Magistrate Judge Hugh B. Scott and was released on conditions. Michael Mitchell made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on January 21, 2014.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The criminal complaint is the culmination of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Brian P. Boetig, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Cheektowaga Police Department, under the direction of Chief David Zack, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard and the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli.Buffalo Man Charged with Multiple Bank RobberiesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Mitchell, 21, of Buffalo, N.Y., was arrested and charged by criminal complaint with committing three bank robberies in a two month period of time. Bank robbery is punishable by a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, the defendant is accused of committing the following bank robberies over the course of less than 60 days:
• October 23, 2013, at Key Bank located at 2318 Delaware Avenue in Buffalo;
• December 3, 2013, at First Niagara Bank located at 529 Elmwood Avenue in Buffalo;
• December 16, 2013, at First Niagara Bank located at 801 Main Street in Niagara Falls.
The complaint further states that the three bank robberies, for which the defendant is arrested, contain similarities to a total of 22 separate bank robberies that began on April 23, 2013.
"Today's arrest demonstrates that Western New York is in no way to be confused with the Wild West of old when it comes to this type of crime,” said U.S. Attorney Hochul. “Our law enforcement partners from all branches will continue to work together seamlessly until the last culprit is captured. Those who would terrorize innocent members of the public and employees of our area’s businesses should know their days are numbered."According to the complaint, during the 22 robberies, there were similarities in the notes passed to the tellers, including language that described an exact caliber of weapon on the bank robber’s person or threat of another weapon; threat to the safety of individuals in the bank; explicit instructions not to hand out or activate bank security devices; instructions not to make eye contact; a specific amount of money requested; and that other people were waiting outside. Other similarities include the same bank locations getting robbed multiple times, time of day the bank robbery took place, and the lack of attempt to cover up physical features of the bank robber’s person.
Mitchell was arrested on January 15, 2013 and is expected to make an initial appearance on January 16, 2014 before U.S. Magistrate Judge Jeremiah J. McCarthy. The complaint states that 11 other persons also face charges in relation to the prior bank robberies. The investigation, meanwhile, continues.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The criminal complaint is the culmination of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Brian P. Boetig.Woman Pleads Guilty to Wire Fraud and Filing False Tax ReturnsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Linda Rakonczay, 58, of Middleport, N.Y., pleaded guilty to wire fraud and filing false tax returns before Chief U.S. District Judge William M. Skretny. The charges carry a maximum sentence of 20 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant worked as a payroll coordinator for Orleans Community Health in Medina, N.Y. Beginning in 2001 and continuing through 2012, Rakonczay prepared and submitted reports to the organization’s bank instructing the bank to electronically transfer money from the corporate bank account to her personal bank account. The amount transferred from the organization’s bank account to the defendant’s account totaled $499,563,00. For tax years 2007 through 2012, Rakonczay failed to report such income and failed to pay federal taxes to the Internal Revenue Service totaling nearly $94,000,00.
The conviction is the result of an investigation on the part of Special Agents of Federal Bureau of Investigation under the direction of Special Agent-In-Charge Brian P. Boetig and the Internal Revenue Service, Criminal Investigations Division, under the direction of Toni M. Weirauch, Special Agent in Charge.
Sentencing is scheduled for May 5, 2014, before Chief Judge Skretny.Rochester Man Pleads Guilty to Obstructing Tax LawsRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony Cerame, 64, of Fairport, N.Y., pleaded guilty to obstructing the administration of the tax laws, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of three years in prison, a fine of $250,000, or both.
Assistant United States Attorney John J. Field, who is handling the case, stated that Cerame engaged in a decades-long campaign to avoid paying approximately $270,000 federal income taxes, and sought to impede Special Agents of the Internal Revenue Service from performing their duties. Among other acts, the defendant used trusts and aliases to hold assets, concealed income, claimed improper deductions, instructed witnesses to withhold information from the government, and destroyed evidence. After Cerame learned of the government’s criminal investigation, he paid $200,000 of his unpaid tax obligation.
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 M. Weirauch.
Sentencing is scheduled for May 23, 2014 at 2:00 p.m. before Judge Larimer.Foreign National Charged with Attempting to Export Sensitive Military EquipmentRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Iteru Masui, 29, of Mikata, Japan, was arrested and charged by criminal complaint with entering into an agreement to illegally export items that are export controlled by federal regulation, and illegally exporting the items. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that in September 2012, Special Agents with Homeland Security Investigations (HIS) began to investigate an eBay advertisement offering AN/PRC-152 radios for sale. The radios, manufactured by the Harris Corporation located in Rochester N.Y., are identified by the National Security Agency as a Controlled Cryptographic Item and are not for sale to the general public.
“Protecting sensitive military technology is of the utmost importance to the American public,” said U.S. Attorney Hochul. “This Office will continue to pursue and prosecute those who would attempt to both steal such sensitive secrets, or to export them abroad.”
"The illegal exportation of sensitive communications technology undermines the national security of the United States," said James C. Spero, Special Agent in charge of HSI Buffalo. "HSI will continue to work closely with the U.S. Attorney's Office to identify and disrupt these schemes."
Investigation revealed that the defendant attempted to buy one of the radios. According to the complaint, special agents tracked the attempted sale through Masui’s email address which is owned by KDDI Corporation, a telecommunications company based in Tokyo, Japan. Also according to the complaint, the address listed on the defendant’s eBay account belonged to a freight forwarding business with offices in Washington State and Tokyo. A review of Masui’s eBay purchases between December 2010 and January 2013 uncovered a total of 1,407 purchases including antennae for U.S. radios, body armor and military style optical sights.
Between April 4, 2013 and May 9, 2013, an undercover agent corresponded with the defendant via email and offered to sell Masui two of the AN/PRC-152 radios. The defendant agreed to buy the radios for $4,500. Over a several day period in May, 2013, an undercover agent shipped two boxes to the defendant, with each containing a plastic mock-up of the radio equipped with a Global Positioning System (GPS). The complaint further indicates that the boxes were followed as they were turned over to the United States Postal Service for delivery to Tokyo, with falsified Custom Declaration forms attached.
Iteru Masui was arrested in Seattle, Washington on January 13 on the complaint which had been sealed up until this time. The defendant made an initial appearance before a U.S. Magistrate Judge in Seattle late this afternoon.
The criminal complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
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.Canadian Man Pleads Guilty to Importation of EcstasyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anthony Ighodaro, 32, of Toronto, Ontario, pleaded guilty before U.S. District Richard J. Arcara to the importion of ecstasy pills containing both 3,4 Methylenedioxymethamphetamine, and N Benzylpiperazine [BZP] into the United States from Canada. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Carol G. Bridge, who are handling the case, stated that on July 25, 2010, Ighodaro was attempting to enter the United States from Canada at the Peace Bridge Port of Entry. The defendant was referred by Customs and Border Protection officers to a secondary inspection because of inconsistencies in the information he provided concerning the rental vehicle he was operating. During the subsequent investigation, law enforcement officers, with the assistance of a narcotics detection K-9, found six duct taped bundles secreted in the rear bumper of the car which contained approximately 31,128 Ecstasy pills. The pills had a street value in excess of $620,000 and were believed to be destined for the Atlanta, Georgia area. Today’s conviction comes the day before Ighodaro was to go to trial on the charges.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction Special Agent in Charge James C. Spero and Customs and Border Protection, under the direction of Randy Howe, Acting Director of Field Operations.
Sentencing is scheduled for April 21, 2014 at 1:00 p.m. before Judge Arcara.Rochester Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Manuel Orozco-Infante, a/k/a Manin, a/k/a Morenito, 32, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine, was sentenced to 132 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Orozco-Infante was the leader of an organization involved in trafficking kilograms of cocaine from New York City to Rochester, where they were broken down and sold in smaller quantities in various locations throughout Rochester. As part of this joint, state and federal wiretap investigation, the defendant was arrested July 21, 2012 driving a minivan which contained one kilogram of cocaine in a hidden compartment. That same day, search warrants were executed at multiple locations in the Rochester area, netting $12,658 in U.S. currency, a loaded 9mm pistol, cell phones, digital scales and other distribution paraphernalia.
Orozco-Infante was charged along with five others. All five defendants have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.Pennsylvania Woman Sentenced for Straw Gun Purchases; Firearms Later Used in Local CrimesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jacqueline Runyan, 48, of Bradford, PA, who was convicted of conspiracy to transport firearms purchased outside the state of residency, was sentenced to 12 months in prison by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on December 20, 2008, the defendant purchased two firearms, .40 caliber pistols, for co-defendant Juan Lopez. On December 30, 2008, Runyan purchased an additional two firearms, another .40 caliber pistol and a .22 caliber pistol.
Runyan was arrested in September 2012, along with Juan Lopez, Robert Reed, Trisha Amidon, Robert Johnson, Misty Mihalko, Amy Hollingsworth, and Brett Abrams. According to the indictment, Juan Lopez recruited co-defendants residing in Pennsylvania to purchase firearms for him in exchange for cocaine and money. As a convicted felon, Lopez was unable to purchase guns on his own, prompting the need for the straw purchases.
The Indictment further states that Lopez went to stores that sold guns in Pennsylvania with defendants Reed, Runyan, Amidon, Johnson, Mihalko, and Hollingsworth to select the firearms he wanted them to purchase. Lopez then brought the guns back to the Buffalo area, where they would then be used in drug related activities. Some of the firearms were recovered after being used in various crimes in Buffalo.
Defendants Juan Lopez, Misty Mihalko, Trisha Amidon, Robert Johnson, Amy Hollingsworth, and Brett Abrams have all been convicted. Charges are pending against Robert Reed. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
“This successful investigation closed a clandestine gun running operation by which firearms were illegally brought into this community,” said U.S. Attorney Hochul. “Law enforcement will continue to be diligent in identifying and prosecuting all such trafficking operations.”
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.