Western District of New York
Press releases recorded for this federal judicial district.
Former Hells Angel Member Sentenced for Stealing Shipment from RailcarRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Richard E. Riedman, 40, of Webster, N.Y., who was convicted of conspiracy to burglarize a railroad car and theft of an interstate shipment following a jury trial, was sentenced to 37 months in prison and ordered to pay $4,669.26 in restitution by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, in the early morning hours of June 30, 2009, Riedman, a former member of the Hells Angels Motorcycle Club, along with co-conspirators Christopher Monfort, Anthony Toscano, Anthony Russell, and Timothy Stone, stole more than 17 gross tons of a high-grade scrap steel from a railcar at a CSXT rail yard in Batavia, N.Y. Riedman and his co-conspirators used a logging truck to remove the scrap steel from the railcar, wore dark clothing and used lookouts to avoid detection by law enforcement authorities and pedestrians, and used two-way radios to communicate with each other during the theft. The defendants were caught by members of the Genesee County Sheriff's Office in the logging truck and a pick-up truck as they left the scene of the theft in the early morning hours of June 30, 2009. The bales were in the process of being shipped to a steel mill in Pennsylvania when they were stolen. Riedman, Toscano, Russell and Stone were convicted after a two-week jury trial before Judge Siragusa in September 2012.
Judge Siragusa previously sentenced Toscano to 18 months in prison, Russell to 15 months, and Stone to 12 months. Monfort, who pleaded guilty to burglary from a railroad car and the manufacture of 50 or more marijuana plants, was sentenced by Judge Siragusa to 78 months in prison.
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, and the Genesee County Sheriff's Office, under the direction of Gary Maha.Rochester Gang Member Sentenced on Gun and Drug ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony Kellum, a/k/a Nitti, 26, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribution of 28 grams or more of cocaine base, and possession of firearms in furtherance of a federal drug trafficking crime, was sentenced to 147 months in prison by U.S. District Judge Frank P. Geraci, Jr. Kellum was also ordered to forfeit two firearms and rounds of ammunition seized during the investigation.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Kellum and other members of a Rochester gang known as “Coke City” were involved in obtaining large quantities of powder cocaine. The defendant and other gang members then processed the powder into crack cocaine and then sold it from various locations on the West Side of Rochester. Kellum and other Coke City members routinely possessed firearms for protection in connection with their crack cocaine distribution.
The defendant was arrested June 13, 2013 after officers executed a search warrant at his residence, an apartment at 35 Stratford Park in Rochester. The search netted 21 bags of crack cocaine, 231 grams of powder cocaine, a loaded .40 caliber rifle, a stolen and loaded .45 caliber pistol, scales, baggies, and other paraphernalia for processing and distributing crack cocaine.
Kellum was one of five defendants arrested in this case. All five have been convicted.
The sentencing is the culmination of an investigation on the part of investigators with the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Scott Heagney, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.NYC Man Pleads Guilty for his Role in Scheme Against Local Mortgage CompanyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Sean Ola-Ojo, 33, from Queens, N.Y., pleaded guilty to a felony charge for his role in a mortgage fraud scheme, before U.S. District Judge David H. Larimer. The defendant faces up to 41 months in prison when sentenced.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Ola-Ojo was indicted along with co-defendants Angelo Louissaint and Jennifer Johnson. The defendants organized a scheme to obtain large mortgage loans from Flaherty Funding. The defendants recruited straw-buyers to purchase five properties in the New York City area at substantially inflated prices. These buyers did not qualify for the financing sought, and had no intention of repaying the mortgages or of occupying the properties. To make the straw-buyers appear wealthier than they actually were, the defendants submitted falsified income, asset and down payment information to Flaherty Funding. Virtually every supporting document submitted by the defendants on behalf of the straw-buyers was forged or altered, including the Form W-2s, earnings statements, bank account statements, and down-payment checks. As a result of their scheme, Flaherty Funding approved approximately $1,700,000 in loans.
Charges are still pending against co-defendants Angelo Louissaint and Jennifer Johnson. 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 plea is the culmination of efforts by the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Kevin Niland, the United States Postal Inspection Service, New York Division, under the direction of Inspector in Charge Ronald Verrochio, and the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.Former Union President Sentenced for Failture to Maintain RecordsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mark Valerio, 57, of Macedon, N.Y., who was convicted of violating the Labor Management Reporting and Disclosure Act , was sentenced to one year probation, 500 hours of community service, and was ordered to repay more than $39,000 in restitution to the International Brotherhood of Electrical Workers. The defendant was also barred from holding a leadership role in a labor organization for a period of 13 years.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that between 2003 and 2012, the defendant was President of the International Brotherhood of Electrical Workers (IBEW) Union, Local 249, in Geneva, N.Y. As Local 249 President, Valerio also held a position as an officer on the executive board of IBEW System Council U-7, a labor organization affiliated with four IBEW locals in matters of collective bargaining and contract negotiations. During this time, the defendant prepared and submitted false claims for reimbursement of travel expenses to both Local 249 and IBEW System Council U-7. Valerio also claimed reimbursement from the unions for instances when he was already being compensated by his employer. The defendant knew that he had an obligation to submit true and accurate documentation regarding his expense records and that he recklessly disregarded that obligation.
As a result, Valerio obtained reimbursements from the IBEW in the amount of $39,049 to which he was not entitled. The defendant resigned as the President of Local 249 in 2012 as a result of the federal investigation.
“Today’s sentencing – besides bringing closure to this successful prosecution - means that union members who work so hard for their wages will now be made whole,” said U.S. Attorney Hochul. “Similar to public officials, union officers have a fiduciary duty to their organization and members, and this Official will certainly not tolerate any breach of that duty.”
The sentencing is the culmination of an investigation on the part of Investigators with the United States Department of Labor, Office of Labor Management Standards, under the direction of District Director Mark Neylon.Buffalo Man Pleads Guilty to Bank RobberyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jason Berg, 22, Buffalo, N.Y., pleaded guilty to bank robbery before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both.
Sentencing is scheduled for April 18, 2014 at 12:30 p.m. before Judge Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that the defendant robbed the First Niagara Bank, located at 1000 Elmwood Avenue in Buffalo, on April 26, 2013. Berg then robbed the M&T Bank, located at 788 Tonawanda St. in Buffalo, on May 16, 2013 and the M&T Bank, located at 1580 Hertel Avenue in Buffalo, on June 12, 2013. The defendant passed notes to the bank tellers indicating he possessed a firearm and demanded specific amounts of money.
The plea is the result of a joint investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Rochester Sisters Plead Guilty to Sex TraffickingRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Jerese Blue, 27, and Chellsie Blue, 23, both of Rochester, N.Y., pleaded guilty to conspiracy to commit sex trafficking of minors before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of life in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that the two sisters conspired to recruit and entice two victims, knowing that the victims were under the age of 18 years old. Specifically, Chellsie and Jerese Blue paid for and posted ads for two minors on Backpage.com to advertise the two minors as “escorts.” The defendants further provided transportation for the minor victims to meet with customers to engage in commercial sex acts and allowed the use of their residences on Arnett Boulevard in Rochester for the minors to engage in commercial sex acts.
In April 2012, Rochester Police began investigating the whereabouts of a 14-year-old female runaway. When the girl was found, she stated that from April 14 to April 18, she and another 17-year-old female had been introduced to prostitution by the defendants. According to the 14-year-old female, between April 15 and April 18, she had sexual relationships with numerous customers. On occasion, the 14-year-old was taken to meet with customers at two motels, where the defendants paid for the room for the victim to engage in commercial sex. The defendants kept most of the money earned by the minors through the prostitution activity.
“The facts of this case represent a nightmare scenario for parents and children alike,” said U.S. Attorney Hochul. “Here, vulnerable girls were taken by the defendants and transported into a life of misery. At sentencing, this Office will seek punishment appropriate for this reprehensible conduct.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The pleas are the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, which includes the Rochester Police Department under the direction of Acting Chief Michael Ciminelli, and Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.
Sentencing for Chellsie Blue is scheduled for April 9, 2014 at 3:00 p.m. Jerese Blue will be sentenced at 3:30 p.m., both before Judge Geraci.Rochester Man Pleads Guilty to Harboring Illegal Aliens for Commercial GainRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Zhou Wang Ni, 48, of Rochester, N.Y., pleaded guilty to harboring an illegal alien for commercial gain before U.S. District Court Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant is the manager of the Grand Super Buffet Chinese Restaurant located on Jefferson Road in Henrietta, N.Y. As manager, Ni hired several illegal aliens to work in the restaurant who he knew were not lawfully present in the United States. The defendant housed these workers in properties he owned around Rochester and paid them in cash. While conducting surveillance, federal agents observed Ni driving these individuals to work at the restaurant on several occasions.
Homeland Security Investigations conducted an immigration audit of the restaurant during the course of the investigation during which the defendant concealed the fact that those illegal aliens were working. However, agents had video footage of those same workers being picked up by the defendant in the morning, being driven to the restaurant, and then working inside during the day.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for May 12, 2014 at 2:00 p.m. before Judge Larimer.Hilton Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Domenico Lonardo, 36, of Hilton, N.Y., who was convicted of manufacturing 100 or more marijuana plants, was sentenced to 60 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Lonardo was arrested on April 15, 2010, after members of law enforcement executed a search warrant at his residence at 199 Walker Road, in Hilton. Upon entering the location, officers found a sophisticated indoor marijuana growing operation. During the search, officers located and seized approximately 130 marijuana plants in various stages of growth, marijuana cultivation equipment, including growing lights, generators, exhaust fans, and automatic timers, liquid Lysergic Acid Diethylamid, or “LSD,” as well as other controlled substances. Officers also seized approximately $690.00 in United States currency, a shotgun with a barrel that had been shortened and ammunition.
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, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson.Geneva Man Sentenced on Child Pornography ChargeRead the Press Release
ROCHESTER, N.Y.B U.S. Attorney William J. Hochul announced today that Horace Daniels, 71, of Geneva, N.Y., who was convicted of possession of child pornography, was sentenced 10 years supervised release by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant downloaded and distributing child pornography, via a peer-to-peer file sharing network. Daniels came to the attention of law enforcement during an undercover investigation, during which officers downloaded images of child pornography from the defendant on 10 dates in August and September 2012. Thereafter, officers executed a search warrant at the defendant’s home in Geneva, where they recovered items of digital media. The items seized 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. At sentencing, the defendant was subject to a recommended sentencing guideline range of 97 to 120 months in prison.
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 immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Lockport Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Damian Ard, 33, of Lockport, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine base, was sentenced to six years in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that the defendant was arrested as a result of a long-term investigation into narcotics trafficking in Niagara County and the City of Buffalo conducted by the Drug Enforcement Administration and Niagara County Drug Taskforce. The investigation involved several court-authorized wiretaps, including two cellular telephones used by Ard to conduct his drug-trafficking. The defendant distributed cocaine base, cocaine, heroin, prescription medications, and marijuana in the Lockport area from early 2009 through August 2010, some of which was supplied to him by co-defendant Eric Williams.
During the execution of a federal search warrant at Ard’s residence on August 17, 2010, law enforcement officers seized a Remington Model 597 rifle, two .22 caliber rifle magazines and a .22 caliber high capacity magazine; a RML 7.62 x 39 caliber semi-automatic rifle, two magazines and ammunition; a New England Firearms Pardner Model SBI 20 gauge shotgun, and ammunition.
In total, investigators charged 24 defendants in connection with this investigation, 23 of whom have been convicted. The leader of the narcotics trafficking operation, Will Johnson, was sentenced to 10 years in prison on September 13, 2013.
The sentencing is the culmination of an investigation by Task Force Officers and Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Niagara County Sheriff’s Drug Task Force, under the direction of Sheriff James Votour.Rochester Man Sentenced for Fraud & Money LaunderingRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Kenneth Griffin, 46, of Rochester, N.Y., who was convicted of conspiracy to commit mail and wire fraud and conspiracy to engage in money laundering, was sentenced to 46 months in prison by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Griffin was the owner of an employment staffing business that operated under various names, including LHT USA and Cambridge Personnel. From August 2007 to June 2008, the defendant spearheaded a conspiracy to defraud lenders by selling them false invoices in transactions known as factoring. The fraud involved creating false invoices and other supporting documents that the defendant then sold to a series of financing companies on a weekly basis for immediate cash. When a financing company realized that it had been sold uncollectible invoices and stopped dealing with Griffin's business, the defendant would change business names and continue the scheme with another financing company.
In total, Griffin and his confederates sold and attempted to sell more than $650,000 worth of bogus invoices to three separate factoring companies over a period of almost a year. He then laundered the proceeds of his crimes and used them to buy a Bentley, support a drug habit, and fund a lifestyle beyond his legitimate means.
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, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
United States Attorney's Office Recovers $94,000,000 in Fiscal Year 2013 - A Record for this DistrictRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that the Western District of New York Office secured the highest amount of money for a given year in the Office’s history. Specifically, in Fiscal Year 2013, the Office recovered $94,220,047 as a result of wide-ranging efforts in criminal, civil and forfeiture cases. This money was used to repay victims of crime, provided as aid to law enforcement agencies, and in largest part, provided to taxpayers as a result of being transmitted to the United States Treasury.
In making the historic announcement, U.S. Attorney Hochul praised the hard work and dedication of Office attorneys and support staff that sought not only to put convicted defendants in jail, but took the profit out of crime in a more literal sense. “This Office strives mightily to protect the public from those who would cause it harm. From violent gang members to child predators, cyber criminals, and major fraudsters, we seek to ensure that the worst of the worst are identified and prosecuted to the fullest extent of the law. But our Office also protects taxpayers. By using civil law and forfeiture, we recover money that helps repay victims of crime, aids local law enforcement, and fills the American Treasury. In other words, we don’t just take the profit out of crime, we use it for the public good.”
U.S. Attorney Hochul stated that in order to put the $94 million recovered by his Office into proper perspective for the public, the recovered money represents more than nine times the amount of money it took to operate the entire United States Attorney’s Office for the year. “Because our budget is approximately $10 million,” said Hochul, “the recovered money in reality means taxpayers spent nothing for the protection and safety provided by this Office, and still also obtained an additional $84 million in money it did not anticipate receiving through other means.”
As for how the record recoveries came about, the Office collected $75,146,101 in criminal and civil actions. Criminal actions, which include fines and restitution, totaled $20,142,677.26, $20,004,017 of which was returned to victims of crime. The Office also collected $55,003,424 in civil actions, which include proceedings involving health care fraud, government fraud, foreclosures and more.
In addition, the Office collected $19,073,946 in criminal and civil forfeitures. Forfeitures generally involve proceeds of crime, as well as property used to commit crime. Of that amount, $3,481,607 was shared with state and local law enforcement partners who work with the U.S. Attorney’s Office and the Department of Justice.Hochul also stated that in the four years of the current administration, the amount of money recovered by the Office exceeded $208,900,000. This is a result of the Office recovering in Fiscal Year 2010, $31,800,000, in 2011, $29,300,000, and in 2012, $53,600,000.
Beyond recovering money, Hochul also reported that 109 dangerous firearms, along with ammunition, and 56 computers were forfeited in FY 2013.
In addition to the $94,220,047 collected locally, Hochul also noted that the WDNY worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional amount of over $534,500,000.00 in cases pursued jointly with these offices including:
The following cases are an example of a successful forfeiture and affirmative civil enforcement concluded this past year in the Western District of New York:
United States vs. Zaveri:
Ashvin Zaveri of Honeoye Falls, N.Y. was indicted on 16 counts of mail fraud, wire fraud and money laundering. Between April 2003 and March 2009, Zaveri was accused of defrauding investors who had invested approximately $35,000,000 in Aoil and natural gas exploration partnerships in Tennessee and Kentucky through his company Zaveri Oil & Gas, Ltd. Over 40 partnerships were offered for investment by Zaveri. The defendant died on August 27, 2010, a week before his plea was scheduled and the criminal case was abated. As a result, the United States government filed a civil forfeiture complaint against 11.5 million dollars in life insurance proceeds, $541,395.06 contained in an M&T Bank account and other assets as property involved in the offense or traceable to the entire Ponzi scheme. The government forfeited $8,938,322.93, most of which was returned to victims.United States vs. Ista Pharmaceuticals:
ISTA Pharmaceuticals, Inc. paid $33,500,000 to resolve criminal liability and false claims act allegations. The company was convicted of conspiracy to introduce a misbranded drug into interstate commerce and conspiracy to pay illegal remuneration in violation of the Federal Anti-Kickback Statute for misbranding the drug Xibrom, an anti-inflammatory drug approved by the FDA used to treat pain and inflammation following cataract surgery. Ista employees promoted Xibrom for unapproved new uses.
United States vs. Gizzi:
In July 2013, John P. Gizzi was convicted of filing false tax returns in 2008 and 2009. In addition, a corporation owned by Gizzi, Rochester Machinery Suppliers, Inc., was convicted of aiding and abetting the preparation of a false tax return. The defendant paid $1,901,633 in criminal restitution for taxes he owed and forfeited $1,500,000 to the Government in a related proceeding brought by the United States Attorney's Office. Rochester Machinery Suppliers, Inc., Gizzi's corporation paid a $500,000 fine for its role in assisting Gizzi's tax crimes. Finally, the defendant paid $7,623,431 to settle related civil claims with the Internal Revenue Service. This brings the total paid by Gizzi to the Government to $11,525,064.
The following is an example of a case that the Western District of New York worked with other U.S. Attorney’s Offices and components of the Justice Department to bring to a successful conclusion:United States vs. Countrywide Mortgage:
The Affirmative Civil Enforcement and Asset Forfeiture Financial Litigation units participated in a shared recovery of $335,194.878.10 between the Civil Rights Division of Main Justice, along with numerous other districts across the country in a settlement in the United States vs. Countrywide case. This settlement resolved allegations that Countrywide Financial Corporation and its subsidiaries engaged in a widespread pattern or practice of discrimination against qualified African-American and Hispanic borrowers in their mortgage lending from 2004 through 2008. The settlement provides compensation for victims of Countrywide’s discrimination during a period when the company originated millions of residential mortgage loans as one of the nation’s largest single-family mortgage lenders. There were over 40 victims in the Western District of New York.
For further information, the United States Attorneys’ Annual Statistical Reports can be found on the internet at:
http://www.justice.gov/usao/resources/reports/.
Buffalo Man Sentenced on Gun and Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tyrone Nance, 32, of Buffalo, N.Y., who was convicted following a jury trial of being a felon in possession of a firearm and possession of marijuana, was sentenced to 36 months in prison by Chief U.S. District Court Judge William M. Skretny. The defendant was also sentenced to another 18 months in prison for a violation of supervised release.
Assistant U.S. Attorneys Frank T. Pimentel and Mary Catherine Baumgarten, who handled the case, stated that in November 2011, federal probation officers conducted a search of the defendant’s residence and car on Timon Avenue in Buffalo. Nance was on supervised release as a result of a 2009 conviction for conspiracy to distribute marijuana. During the search, officers recovered a shotgun hidden under the hood of the defendant’s car. They also recovered a quantity of marijuana from the freezer in the defendant’s residence. DNA analysis performed by the Erie County Forensics Laboratory tied the shotgun to the defendant.
The sentencing is the culmination of an investigation on the part of the United States Probation Department, under the direction of Anthony SanGiacomo, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.Three Local 17 Defendants Plead Guilty to Extortion and Agree to Testify in Upcoming TrialRead the Press Release
BUFFALO, N.Y. -- The United States Attorney’s Office announced today that three members of Local 17 of the International Union of Operating Engineers pleaded guilty before United States District Judge William M. Skretny to violations of the federal Hobbs Act Extortion statute and agreed to testify in the upcoming trial of their seven co-defendants.
Pleading guilty were:
CARL A. LARSON, 50, of Boston New York. LARSON formerly worked as an organizer for Local 17.
MICHAEL EDDY, 44, of Gowanda, New York, a member of Local 17
GEORGE DEWALD, 50 of Springville New York. DEWALD, also a member of Local 17.
Each defendant faces a sentence of up to twenty years in federal prison and a fine of up to $250,000 when he is sentenced in May of 2014.
In pleading guilty, each of the defendants admitted that he participated in a campaign of threats, violence and property destruction against non-union contractors in an effort to force those contractors to enter into a collective bargaining agreement with Local 17.
LARSON pled guilty to trying to force an Orchard Park contractor and its owner to sign with Local 17 by both threatening the owner personally and after the contractor’s owner was stabbed by another Local 17 member and, on February 5, 2003, asked Larson, “What are the positives [to signing with the union]? You guys slash my tires, stab me in the neck, try to beat me up in a bar. What are the positives to signing? There are only negatives,” Larson responded by telling the owner that “The positives are that the negatives you are complaining about would go away.”
EDDY pled guilty to being part of a campaign of violence and intimidation against a Latham, New York contractor while the contractor was removing soil contaminated with coal tar from under the Waterfront School in downtown Buffalo during the summer of 2005. EDDY admitted to being present when members of Local 17 damaged a pickup truck being driven by the contractor’s project manager as he tried to enter the worksite and then “belly bumping” the project manager when got out of his truck to investigate. During this campaign, a Local 17 organizer obtained the project manager’s home address and his wife’s name and sent his wife a letter saying “We would like for the job to run as smoothly as your wedding day did at [your wedding venue] and as smooth as [your husband’s] nights are in the Western New York region.
DEWALD pled guilty to being a part of campaign designed to force a Frankfort, New York contractor which was the low bidder on the 2003 expansion of the Chaffee Landfill in Chaffee, New York, to sign a collective bargaining agreement with Local 17. DEWALD admitted that May 7 or 8 of 2002, he and several other Local 17 members went to the Chaffee Landfill under the cover of darkness where they put sand used for sandblasting into the engines and hydraulic lines of nine separate pieces of heavy equipment causing significant delays in finishing the job and over $240,000 in damage to the equipment.
All three defendants agreed to testify in the trial of seven remaining defendants including former business manager and president Mark Kirsch, former business agents Jeffrey Peterson, Gerald Bove, and Thomas Freedenberg, and Local 17 members Michael Caggiano, Jeffrey Lennon and Kennth Edbauer, which is scheduled to commence on Janaury 7, 2014, before Judge Skretny. The trial will be handled by Assistant United States Attorneys Anthony M. Bruce and Edward H. “Ned” White and Department of Justice Attorney Robert Tully.
The investigation of this case is being handled by the United States Department of Labor, Office of Inspector General, under the direction of Department of Labor Inspector General Scott Dahl and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Sentencing is scheduled for May 7, 2014 (LARSON), May 8, 2014 (EDDY) and May 9, 2014 (DEWALD) at 9:00 a.m. before Judge Skretny.Williamsville Man Sentenced for Bomb MakingRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Duncan Badding, 25, of Williamsville, N.Y., was sentenced to one year in prison, to be followed by a 2 year period of supervised release, for unlawfully making and unlawfully possessing destructive devices.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that police received a complaint on August 8, 2012 of shots being fired in the defendant’s backyard. Thereafter a search of the defendant?s residence, at 66 Williamsburg Square in Williamsville, New York, by the Amherst Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives, enforcement officers discovered Triacetone Triperoxide (TAPT), ANFO which is ammonium nitrate and fuel oil mixed, Tannerite which is a mixture of prilled ammonium and aluminum powder, three (3) pvc pipes and 5 cans of commercial Goex Black Powder.
In addition, several apparent destructive devices, or combination of parts and devices designed or intended to be used or converted into destructive devices, were also found.
This sentencing is the culmination of an investigation on the part of officers from the Amherst Police Department, under the direction of Chief John Askey, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Frank Christiano.Former Pharmacy Student Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.B U.S. Attorney William J. Hochul, Jr. announced today that Abraham Reinhardt, 24, of Buffalo, N.Y., who was convicted of possession with intent to distribute Oxymorphone, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who is handled the case, stated that in November 2012, Reinhardt, a pharmacy student at St. John Fisher College in Rochester, N.Y. at the time, was arrested in the parking lot of the Home Depot in Batavia, N.Y. where he was about to sell 80 Opana (Oxymorphone) tablets, a quantity of marijuana, and hallucinogenic mushrooms.
Following Reinhardt’s arrest, a search warrant was executed at the defendant=s residence on Elmwood Avenue in Rochester. Drug Enforcement Agents seized Oxymorphone pills, and a quantity of hallucinogenic mushrooms and marijuana. In addition, during the summer months, the defendant operated an ice cream truck in Cheektowaga, N.Y. and sold hallucinogenic mushrooms and marijuana from the truck.
Reinhardt ordered the Opana pills through Silkroad.com, an on-line, black market website which has since been shut down.
The sentencing is the culmination of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Region, and the Erie County Sheriff’s Department.Third City of Buffalo Employee Guilty of Stealing Thousands of Dollars from Parking MetersRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Francis Tronolone, 33, of Buffalo, N.Y., pleaded guilty to stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
“Today’s developments mean that three different employees of the same City Department have now been convicted of collectively stealing hundreds of thousands of dollars from the residents of this area,” said U.S. Attorney Hochul. “These crimes occurred day in and day out over many months and years. This Office will continue to pursue this investigation until all who may have abused their positions are identified and caught.”
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that from November 2003 to the present, the defendant was employed as a coin collector and later a parking meter mechanic in the City of Buffalo Department of Parking Enforcement. In this capacity, Tronolone was responsible for collecting coins deposited into parking meters and repairing malfunctioning meters.
During the period of his employment, the defendant stole approximately $9,000 in coins from city parking meters, money that was supposed to be deposited into the city treasury. Some of the money was stolen from parking meters that had been rigged by other parking meter mechanics. Tronolone kept a small cooler in the back of his vehicle where he would conceal the stolen coins.
Tronolone is the third employee of the Department of Parking Enforcement to be convicted in this case. James Bagarozzo was convicted of stealing over $200,000 from Buffalo parking meters and sentenced to 30 months in prison on August 16, 2013. Bagarozzo was also ordered to pay $210,000 in restitution. Lawrence Charles has also been convicted of stealing over $10,000 from Buffalo parking meters and was sentenced to six months and prison and ordered to pay $15,000 in restitution. A fourth employee, Franklin Lopez, is charged also charged with stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding. 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 Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Local Appraiser Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Darryl Glasco, 54, of North Tonawanda, N.Y., a licensed New York State appraiser, pleaded guilty to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $ 1,000,000, or both.
Assistant U.S. Attorney Kathleen A. Lynch, who is handling the case, stated that the defendant conspired with James P. Vasiliou Jr., a borrower, to submit a false appraisal to JP Morgan Chase Bank to refinance a property located at 16 Blackley Court in Lockport, N.Y. The false statements resulted in an inflated fair market value for the property and were used to obtain approval of the loan.
Vasiliou pleaded guilty to bank fraud and is awaiting sentencing.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The plea is the result of an investigation by the Mortgage Fraud Task Force of WNY, led by the U.S. Attorney’s Office, which includes agents and personnel from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Wheatfield Man Pleads Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Filippo Inglima, 47, of Wheatfield, N.Y., an Italian citizen, who was convicted of conspiracy to distribute a thousand kilograms or more of marijuana and five kilograms or more of cocaine, was sentenced to 121 months in prison, by U.S. District Judge Richard J. Arcara. The defendant will also forfeit $39,456,00 in United States currency, a rifle and ammunition, and a sport utility vehicle.
Assistant U.S. Attorneys Frank T. Pimintel and Joseph M. Guerra, who handled the case, stated that from 2006 to 2007, Inglima owned Filippo’s Restaurant in Buffalo. Co-defendant David Gambino invested in the restaurant to help Inglima pay bills and other expenses of the restaurant. After that, Gambino asked Inglima to assist in the smuggling of drugs and money to and from Canada. Between 2006 and November 2009, Inglima conspired with Gambino and others to import quantities of marijuana from Canada and distribute the drug to other individuals in Buffalo. In addition, Inglima transported quantities of cocaine from the United States into Canada. The defendant picked up the cocaine in different parts of the United States including Chicago, Ohio, New York City and New Orleans. During the period of the conspiracy, the defendant conspired to distribute 100 kilograms of cocaine and 1,800 kilograms of marijuana.
Inglima was arrested in November 2009 along with Gambino and 22 others. All defendants have been convicted. David Gambino was sentenced to 188 months in prison in November 2013.
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge, the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, 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, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Rochester Man Pleads Guilty to Performing Phantom Testing on Military Radios and SonobuoysRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Steve Wysocki, 50, of Newark, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci to four counts of filing a filing a false statement with the United States Government. Each count carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Wysocki was in charge of the testing department for Flightline Systems, a Victor based defense contractor working on United States Army and Navy projects. The defendant oversaw product testing for the KG-40 military radio system as well as the SH-60 Sonobuoy system.
The KG-40 is a tactical radio encryption system used by the US Army and Navy and sold for export to foreign countries. It consists of several components including the radio, a remote, and a tray. The SH-60 Sonobuoy system is an Anti-Submarine Warfare (ASW) device. The system includes a small sonar unit which is released from both fixed and rotor wing ASW aircraft as well as various other components including external preamps.
Both the KG-40 and Sonobuoy programs have contractual manufacturing and testing requirements imposed by the United States Department of Defense. Among these protocols is something know as vibration testing. This process subjects the various items to prolonged vibration exposure using a vibration table equipped with pressure plates. The items are placed on the vibration table during the manufacturing process for a pre-set period of time to ensure that they will survive real world conditions on ships and aircraft.
The components are hooked up to a computer during testing which monitors their performance and then produces a unique graph upon successful completion. Due to many individual testing variables, no two items will produce the exact same testing graph. The graphs are unique to each item, and are stamped with the time and date of the test as well as the serial number of the item tested. The graphs are signed by the table operator and are then made part of the items “traveler file” which accompanies each item throughout the assembly and testing process. Each item tested must have a copy of a passing vibration table graph in the file in order to be released to the military. The vibration tests were run at Flightline’s Victor facility.
During the investigation, Special Agents from the FBI and Army Criminal Investigation Division learned that Wysocki was both personally falsifying vibration graphs as well as directing other subordinates to do so. Wysocki would then print the false graph, or direct others to do so, and include this false document in the items history, thus proving that it was successfully tested, even though as he knew, the item was not properly tested. He referred to this process as “phantom vibe testing.”
As a result of the defendant’s conduct, individual components had to be re-tested costing the Department of Defense $299,094.00
“This Office will not tolerate anybody who, by their actions, hurts or impacts the products used by our military men and women to carry out their critical mission,” said U.S. Attorney Hochul. “This case should serve as a warning to any individual involved in the testing of products to be used by the military, if you attempt to disrupt the process, you will be prosecuted and punished accordingly.”
The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig; Special Agents of the U.S. Army Criminal Investigation Division Command, Major Procurement Fraud Unit (MPFU), under the direction of Special Agent in Charge, L. Scott Moreland; Naval Criminal Investigative Service (NCIS), under the direction of Special Agent in Charge, Cheryl A. DiPrizio; and the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS), under the direction of Special Agent in Charge, Craig Rupert.
Sentencing is set for March 21, 2014 at 3pm before U. S. District Court Judge Frank P. Geraci.Former Erie County Sheriff's Deputy Pleads Guilty to Gun ChargeRead the Press Release
Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Thomas J. Blajszczak, 43, of Lancaster, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to unlawful user of a controlled substance in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was intercepted in November and December of 2009, pursuant to a court-authorized wiretap, communicating with an a cocaine supplier named Jose De Leon. De Leon was previously convicted of conspiracy to distribute five kilograms or more of cocaine. The conversations between the defendant and De Leon, his cocaine supplier, established that Blajszczak was receiving cocaine for his personal use while employed by the Erie County Sheriff’s Department. At that time, the defendant owned and was in possession of a Glock, Model No. 23, .40 caliber semi-automatic pistol.
During an interview with the FBI, the defendant admitted that part of a monetary debt referenced during some of the intercepted telephone conversations related to money owed by the defendant to his cocaine supplier for powder cocaine. Blajszczak further admitted that he provided at least one box of 9mm ammunition, and one box of .45 caliber ammunition, to Jose De Leon.
Blajszczak’s plea is part of an FBI investigation which resulted in the arrest of a group of individuals between December 2009 and February 2010, who were involved in trafficking kilograms of cocaine from sources in Puerto Rico, and in New Jersey, and re-distributing the cocaine to drug dealers and users in Buffalo New York. The defendant is the 27th person convicted in the investigation.
"In our efforts to rid this area of narcotics trafficking organizations, this office will follow the evidence to wherever it takes us and will prosecute accordingly," said U.S. Attorney Hochul.
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 New York State Police, under the direction of Major Michael Cerretto, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for April 14, 2014, at 11:00 a.m. before Judge Arcara.Buffalo Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
BUFFALO, N.Y.? U.S. Attorney William J. Hochul, Jr. announced today that Juan Lopez, 30, of Buffalo, N.Y., pleaded guilty to possession of firearms in furtherance of drug trafficking activities and being a felon in possession of firearms before U.S. Magistrate Judge Leslie G. Foschio. The charges carry a maximum penalty of life in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in 2008, the defendant began utilizing Pennsylvania residents as straw purchasers to buy firearms in exchange for money and cocaine. These firearms were then brought to Buffalo for the purpose of drug trafficking. Lopez was a convicted felon at the time and unable to legally purchase firearms in New York.
“This office has made fighting violent criminal organizations a top priority,” said U.S. Attorney Hochul. “Sometimes those efforts require arresting gang members, as we have done on many occasions in the past. Another essential component, however, consists of arresting those who brings guns into the community where they end up in the hands of violent criminals.”
Lopez was arrested in September 2012 along with seven other defendants. A total of eight defendants have been convicted. He is currently serving 25 years in New York State prison for two previous attempted murder convictions.The Indictment 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.
Chili Man Sentenced on Child Exploitation ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul announced today that Michael Covello, 43, of Chili, N.Y., who was convicted of the sexual exploitation of children, was sentenced to 15 years in prison and 15 years of supervised release, by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant distributed child pornography, via a peer-to-peer file sharing network, to an undercover FBI agent in May and June 2012. Thereafter, FBI agents executed a search warrant at the Covello’s home in Chili, where they recovered items of digital media. The items seized 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.
The defendant was previously convicted of sexual abuse, 1st degree in Monroe County.
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.Two Connecticut Men Plead Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Nelson Areizaga-Rosa, 37, and Ricardo Ortiz-Rosa, 41, both of Connecticut, pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of life in prison, an $8,000,000 fine, or both.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on March 17, 2011, the defendants were stopped for speeding by a Chautauqua County Sheriff’s deputy on I-86 in the Town of Ellicott. The defendants, who are cousins, were later arrested along with two other individuals.
Law enforcement officers subsequently discovered $60,000 in U.S. currency secreted in the spare tire of the vehicle the defendants were riding in, money that represented the proceeds from the sale of two kilograms of cocaine. Officers also seized more than a kilogram of heroin, a quantity of cocaine, and multiple firearms. An additional four defendants were also arrested. During a search warrant later executed at a residence in Campbell, Ohio, officers recovered another $205,000 in U.S. currency. Five vehicles were also seized during the course of the narcotics investigation.
The defendants entered guilty pleas as a jury trial on the charges was about to begin. They are expected to receive 15 years when sentenced in April 2013. All eight defendants in this heroin trafficking investigation now stand convicted.
The pleas are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Sheriff Joseph Gerace, and the Jamestown Police Department, under the direction of Harry Snellings.
Sentencing is scheduled for April 1, 2013 at 9:00 a.m. before Judge Skretny.Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Herit Melendez, 36, of Rochester, N.Y., who was convicted following a jury trial of possessing heroin with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking offense, was sentenced to five years in prison and five years supervised release by U.S. District Court Judge Frank P. Geraci.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Melendez was arrested in a bedroom after members of the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at 27 Glasser Street on May 27, 2011. During the search, officers found and seized cocaine, heroin, marijuana and paraphernalia associated with drug trafficking. Officers also located a .22 caliber handgun and a .22 caliber rifle in the location, as well as $534.00 in U.S. currency.
The sentencing resulted from an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, and the Rochester Police Department, under the direction of Chief James M. Sheppard.Rochester Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Lopez-Polo, 25, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to child pornography. The charge is punishable by a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant possessed more than 600 images of child pornography on digital media he owned, including a computer and removable media. The images included prepubescent children, as well as depictions of violence against children.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and Investigators from the Rochester Police Department, under the direction of Chief James Shephard.
Sentencing is scheduled for March 19, 2014, at 10:00 a.m. before Judge Larimer.Rochester Man Pleads Guilty to Making Bomb Threats Against KodakRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., pleaded guilty to making false bomb threats before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on September 24, 2012, the defendant made three phone calls to 911 and told the operator that his acquaintances were terrorists and were going to blow up the Kodak Corporation. Mohammed made a fourth call on January 24, 2013 claiming that an acquaintance had explosives hidden at a location in Rochester and planned to use those explosives to bomb Kodak. The 911 calls resulted in emergency responses by the Rochester Police and Fire Departments and by Kodak security personnel, but searches failed to turn up any bombs or evidence that someone had attempted to plant a bomb at any of Kodak=s facilities.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Sentencing is scheduled for April 4, 2014 before Judge Siragusa.Three Buffalo Men Charged in Seperate Bank RobberiesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Tynes, 53, Michael Bland, 18, and Demetrian Bell-Bradley, 22, all of Buffalo, N.Y., were charged in separate indictments with bank robbery. The charge carries a maximum penalty of 20 years in prison, a $250,000,00 fine or both.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that Bland is accused of robbing three M&T Banks located at 1300 Jefferson Avenue in Buffalo, 750 Main Street in Niagara Falls, and 1877 Main Street in Buffalo, between August 21, 2013 and September 4, 2013. Tynes is accused of robbing the M&T Bank located at 1300 Jefferson Avenue in Buffalo on September 11, 2013. Bell-Bradley is accused of robbing the Key Bank located at 306 West Ferry Street in Buffalo on November 6, 2013. The three defendants used notes threatening the use of weapons in all of the bank robberies.
The indictments are the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the Buffalo Police Department, of under the direction of Commissioner Daniel Derenda, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.Rochester Man Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Patrick Dandrea, 55, of Rochester, N.Y., who was convicted of filing false tax returns, was sentenced to 24 months in prison by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to pay $466,007.00 in restitution.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was awarded a contract from Erie County in 2006 to remove damaged trees and branches following the October Storm. Dandrea received over $5,000,000 in payments which he failed to report on his 2006 and 2007 Federal Income Tax Returns. As a result, the Internal Revenue Service incurred a tax loss of over $460,000. In addition to being responsible for the tax loss, the defendant is also liable for interest payments and penalties of over $265,000 going back to 2006. Dandrea has previous federal convictions for mail fraud, wire fraud, money laundering, and conspiracy to distribute marijuana.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations Division, under the direction of Special Agent in Charge Toni Weirauch, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Former Union President Sentenced for Misusing Union FundsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that David Kellner, 49, of Delevan, N.Y., the former president of the Transport Workers Local 2020, who was convicted of filing a false financial report with the Secretary of Labor, was sentenced to two years probation, to include six months of home detention, by U.S. Magistrate Judge Jeremiah J. McCarthy. In addition, Kellner was ordered to pay a fine of $2,000 and make restitution in the amount of $12,226 to the Transport Workers union.
Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that as president of Transport Workers Local 2020 from 2006 through 2009, the defendant filed with the Department of Labor, Labor-Management Standards, form LM-3 for the years 2007 and 2008. The form requires that all payments to officers be disclosed. Kellner failed to disclose that he had filed false invoices with the union. As a result, the defendant was reimbursed over $12,000 for expenses he did not incur or were paid for by the national union or Kellner's employer.
The sentencing is the result of an investigation on the part of Special Agents of the United States Department of Labor, Office of Labor-Management Standards, under the direction of Acting District Director Mark J. Neylon.Former Telco Federal Credit Union Employee Sentenced for Making False EntriesRead the Press Release
ROCHESTER, N.Y.CU.S. Attorney William J. Hochul, Jr. announced today that Donna Harabin, 61, of Clearwater, Florida, who was convicted of making false credit institution entries, was sentenced to time served by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated between January 2008 and December 2008, Harabin was president and manager of Telco Federal Credit Union in Elmira, N.Y. During that time, the defendant changed the delinquency dates and falsified payment entries on various loan accounts when she knew that the accounts were delinquent and in default. Harabin changed the due dates and payment information in the reports to make the loans appear more current.
The sentencing is the culmination of an investigation on the part Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Lockport Nurse Pleads Guilty to Misprision of Felony ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Janelle Hawkins, 36, of Lockport, N.Y., a registered nurse, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio to misprision of felony. The charge carries a maximum penalty of three years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that from July, 2009 through August 17, 2010, the defendant knew that her boyfriend, Eric Williams, a co-defendant in the investigation, was using the residence she owned at 118 Chestnut Street in Lockport to engage in drug trafficking activities. After conducting an extensive criminal investigation, including obtaining a wiretap for Williams’ cellular telephone, members of the Niagara County Drug Task Force and the Drug Enforcement Administration executed a federal search warrant at Hawkins’ residence on August 17, 2010. Agents seized drug paraphernalia and $8,614.00 in cash. They also seized more than a half kilogram of cocaine after apprehending Williams in a downstairs bathroom at Hawkins’ residence as he was flushing cocaine down a toilet.
Williams pleaded guilty to conspiracy to possess with intent to distribute and to distribute cocaine and was sentenced to five years in prison. Hawkins is one of 23 defendants convicted as a result of this drug investigation.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of 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, and the Niagara County Drug Task Force, under the direction of Sheriff James Votour.Man Pleads Guilty to Wire FraudRead the Press Release
BUFFALO, N.Y.— BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nicholas Mussolini, 27, of Williamsville, New York, pleaded guilty to a felony charge of Wire Fraud before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum penalty of a term of 20 years imprisonment, a term of supervised release of 3 years and a fine of $250,000.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant pleaded guilty to running fraudulent loan schemes, which resulted in over $1 million dollars in financial losses to six victim companies. The schemes involved the defendant’s company, Preston Waters Corporation, which purported to be in the business of obtaining large loans for other companies. The defendant represented to victim companies that a deposit was required in order to secure loans on their behalf. As part of this scheme, a certain victim company remitted over $400,000 to the defendant, as a deposit for a loan of approximately $11 million. The defendant did not use this money to obtain a loan for the victim company, and instead, used the funds for personal and other expenses, and to repay other victims of his fraud scheme. Other victim companies included film and production companies seeking financing for the production of films, festivals, and other business ventures.
The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig.
Sentencing is scheduled for April 7, 2014 at 1:00 p.m. in Buffalo, N.Y., in front of U.S. District Court Judge Richard J. Arcara.Rochester Woman Sentenced to Federal Prison for Drug Trafficking and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tina Holley, 36, of Rochester, NY, who previously plead guilty to conspiracy to possess crack cocaine with the intent to distribute it and possessing a firearm in furtherance of drug trafficking crimes, was sentenced to seven years in prison and three years’ supervised release by U.S. District Court Judge David G. Larimer. Holley was also ordered to pay a $3,367.00 fine and a $200 Special Penalty Assessment.
Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the case, stated that Holley was arrested when members of the Greater Rochester Area Narcotics Enforcement Team executed two narcotics search warrants at 399 Lake Avenue on April 6, 2010. Upon entering the location, officers encountered and arrested the co-defendant, Warren Love, at the threshold of the rear first floor apartment. Holley was not there at the time.
In searching the rear first floor apartment, law enforcement officers located and seized over nineteen grams of crack cocaine which was in the process of being packaged for street level sale. Officers also located paraphernalia associated with drug trafficking, including digital scales and glassine zip lock bags. In addition to these items, law enforcement officers located and seized two bullet proof vests and two handguns, one of which was loaded with ten rounds of ammunition.
In searching the rear second floor apartment, officers also located a sophisticated surveillance system which showed the area outside of 399 Lake Avenue through the use of strategically mounted surveillance cameras. Officers located, in the same apartment, paraphernalia related to drug trafficking, as well as a loaded 40 caliber rifle which was underneath a sofa. Finally, officers found Holley’s daughter playing with Love’s son in the living room in which they found the loaded rifle.
Holley was arrested several months later in Madison, Wisconsin, after a United States grand jury had returned an indictment charging Holley and Love with drug trafficking and related firearms offenses.
These convictions in federal court resulted from an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James M. Sheppard and Irondequoit Police Department, under the direction of Richard Boyan.Man Sentenced to Five Years for Drug ConspiracyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Dale Lockwood, 61, of Buffalo, New York, was sentenced to 60 months in prison and 4 years supervised release by United States District Court Judge Richard J. Arcara. The sentence followed the defendant’s conviction for conspiracy to possess with intent to distribute 500 grams or more of cocaine, and was part of a larger, federal criminal investigation into the Afro-Dogs Motorcycle Club.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that as part of their investigation, agents from the Drug Enforcement Administration intercepted the defendant and others engaging in narcotics-related conversations pursuant to a Court-ordered wiretap. On March 3, 2011, agents and officers discovered inside Lockwood’s home at 567 Lasalle Avenue, over $71,000 in US currency, eight firearms, ammunition, and drug scales. The overall Afro-Dogs investigation ultimately resulted in the indictment of 12 defendants, including Lockwood. During the course of the investigation agents purchased or seized in excess of 1100 grams of cocaine or cocaine base and recovered 11 other firearms.
Lockwood and five others charged in the case proceeded to trial in April of 2013. While the jury convicted the leader of the Afro Dogs, Dewey Taylor, of numerous narcotics related charges, the jury was unable to reach a verdict as to Lockwood. The defendant thereafter pleaded guilty to the narcotics charges giving rise to today’s sentence on August 5, 2013.
To date, nine defendants have been convicted in connection with the Afro Dogs investigation. In addition to the term of imprisonment, Lockwood must also forfeit an additional $50,000 and any interest he may have in the Afro-Dogs Clubhouse at 1093/1095 Genesee Street.
The conviction was 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, law enforcement officers of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, Town of Tonawanda Police Department, under the direction of Chief Anthony J. Palombo, Lockport Police Department, under the direction of Chief Lawrence M. Eggert, along with Special Agents of the Bureau of Alcohol Tobacco and Firearms, under the direction of Resident Agent in Charge Frank Christiano.Lockport Man Sentenced for Drug Conspiracy Charge and Buffalo Woman Sentenced for Money Laundering Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mark Robertson, 41, of Lockport, NY, was sentenced to 3 years supervised released with 6 months electronic monitoring, for his conviction for conspiracy to possess with intent to distribute, and to distribute, heroin. Danielle Barton, 31, formerly of League City, Texas, was sentenced to 9 months in prison, 1 year supervised release, and fined $5,000, for conspiracy to commit money laundering. Both sentences were imposed by Chief Judge William M. Skretny, United States District Court.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that the sentences imposed today were the result of an investigation into narcotics trafficking in Niagara County and the City of Buffalo conducted by the Drug Enforcement Administration and Niagara County Drug Taskforce. Robertson distributed heroin in the Lockport, New York area from July 2009 through August 2010, which was supplied to him by co-defendants Damian Ard and John Cruz. Barton, meanwhile, made cash deposits of approximately $131,000, which were proceeds of Will Johnson’s drug activities, into her bank account.
In total, investigators charged twenty-four defendants in connection with this investigation, twenty-two of whom have been convicted. The leader of the narcotics trafficking operation, Will Johnson, was sentenced to 10 years in prison on September 13, 2013.
This conviction is the culmination of an investigation by Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Niagara County Sheriff’s Drug Task Force, under the direction of Sheriff James Votour.Former Doctor Sentenced to Home Detention for Health Care Fraud ConvictionsRead the Press Release
BUFFALO, N.Y.---U.S. Attorney William J. Hochul, Jr. announced that former medical doctor Daniel C. Gillick, 63, of Youngstown, N.Y., who previously pleaded guilty to obtaining controlled substances by fraud and health care fraud, was sentenced today to 6 months of home detention and 2 years’ probation. As a part of the plea, the defendant surrendered his medical license.
Assistant U.S. Attorney Timothy C. Lynch and Maura K. O’Donnell, who handled the case, stated that between August 2011 and September 7, 2011, the defendant was employed as an emergency room physician at Schuyler Hospital. During that time, Gillick devised a scheme whereby on September 7, 2011, his then-girlfriend, Christine Guilfoyle, reported to the emergency room at Schuyler Hospital and pretended to suffer from a medical condition known as Trygeminal Neuralgia. The defendant then performed an apparent examination of her, fraudulently diagnosed her as suffering from Trygeminal Neuralgia and issued a prescription to her for Dilauded, a controlled substance.
In reality, Gillick?s girlfriend was not suffering from this condition, and had no medical need for the drug Dilaudid. In participating in this illegal scheme, the defendant defrauded Schuyler Hospital and also aided and abetted his former girlfriend in obtaining a controlled substance by fraud.
“This Office has previously spoken about the need for all segments of the community to understand and help combat the dangers associated with the illegal trafficking in painkillers,” said United States Attorney Hochul. “Doctors and other medical professionals need to also understand that this Office will not hesitate to bring criminal charges against them when warranted by the facts and the law.”
On November 22, 2013, U.S. Magistrate Judge Hugh B. Scott sentenced Christine Guilfoyle to time-served for her misdemeanor conviction for possessing cocaine base.
These cases are the result of an investigation on the part of Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, 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, Customs and Border Protection, under the direction of James Engleman, Director of Field Operations, The New York State Attorney General Medicaid Fraud Control Unit, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Erie County Sheriff?s Department, under the direction of Sheriff Timothy Howard, the Depew Police Department, under the direction of Chief Stan Carwile, and the Niagara County Sheriff?s Drug Task Force, under the direction of Sheriff James Votour.
Former Doctor Sentenced to Home Detention for Health Care Fraud ConvictionsRead the Press Release
BUFFALO, N.Y.---U.S. Attorney William J. Hochul, Jr. announced that former medical doctor Daniel C. Gillick, 63, of Youngstown, N.Y., who previously pleaded guilty to obtaining controlled substances by fraud and health care fraud, was sentenced today to 6 months of home detention and 2 years’ probation. As a part of the plea, the defendant surrendered his medical license.
Assistant U.S. Attorney Timothy C. Lynch and Maura K. O’Donnell, who handled the case, stated that between August 2011 and September 7, 2011, the defendant was employed as an emergency room physician at Schuyler Hospital. During that time, Gillick devised a scheme whereby on September 7, 2011, his then-girlfriend, Christine Guilfoyle, reported to the emergency room at Schuyler Hospital and pretended to suffer from a medical condition known as Trygeminal Neuralgia. The defendant then performed an apparent examination of her, fraudulently diagnosed her as suffering from Trygeminal Neuralgia and issued a prescription to her for Dilauded, a controlled substance.
In reality, Gillick?s girlfriend was not suffering from this condition, and had no medical need for the drug Dilaudid. In participating in this illegal scheme, the defendant defrauded Schuyler Hospital and also aided and abetted his former girlfriend in obtaining a controlled substance by fraud.
“This Office has previously spoken about the need for all segments of the community to understand and help combat the dangers associated with the illegal trafficking in painkillers,” said United States Attorney Hochul. “Doctors and other medical professionals need to also understand that this Office will not hesitate to bring criminal charges against them when warranted by the facts and the law.”
On November 22, 2013, U.S. Magistrate Judge Hugh B. Scott sentenced Christine Guilfoyle to time-served for her misdemeanor conviction for possessing cocaine base.
These cases are the result of an investigation on the part of Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, 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, Customs and Border Protection, under the direction of James Engleman, Director of Field Operations, The New York State Attorney General Medicaid Fraud Control Unit, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Erie County Sheriff?s Department, under the direction of Sheriff Timothy Howard, the Depew Police Department, under the direction of Chief Stan Carwile, and the Niagara County Sheriff?s Drug Task Force, under the direction of Sheriff James Votour.
Gambia Man Pleads Guilty to Misuse of Passport and Aggravated Identity TheftRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Bakusa Dukaray, 38, of Gambia, pleaded guilty to misuse of passport and aggravated identity theft before U.S. District Chief Judge William M. Skretny. The misuse of passport charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both. The aggravated identity theft charge carries a mandatory two year consecutive sentence to the misuse of passport charge.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on May 5, 2013, Dukaray attempted to enter the U.S. at the Lewiston Bridge Port of Entry in Lewiston, N.Y. At that time, the defendant presented a Canadian passport issued to his friend.
The conviction is the result of an investigation on the part of Enforcement Officers of the U.S. Customs and Border Protection under the direction of Randy Howe, Acting Director of Field Operations.
Sentencing is scheduled for March 5, 2014, at 9:00 am before Judge Skretny.Dunkirk Man Sentenced for Filing Tax Returns for more than 120 Dead PeopleRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John M. Berry, Jr., 42, of Dunkirk, N.Y., who was convicted of making a false claim against the United States, was sentenced to 41 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution in the amount of $92,462.12 to the Internal Revenue Service.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between September 3, 2008 and March 25, 2009, the defendant filed 122 false income tax returns for the tax years 2007 and 2008 with the Internal Revenue Service. During that time, Berry obtained the personal and identifying information for 122 recently deceased individuals and then used that information to file federal tax returns on behalf of the deceased. The defendant created fraudulent income and withholding information for the deceased and filed the returns electronically.
The 122 tax returns sought refunds totaling $217,520 from the Internal Revenue Service, of which the defendant received $92,462.12. The refunds were deposited directly into Berry’s bank account.
“Identity theft is something that our Office, working with our law enforcement partners, takes very seriously,” said U.S. Attorney Hochul. “The defendant in this case not only stole the identities of recently deceased individuals which may have caused further grief to their loved ones, but he also cheated the taxpayers of this country. Such behavior will not be tolerated.”
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigations, under the direction of Toni M. Weirauch, Special Agent in Charge.
10th Street Member Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ben Medina, 25, of Buffalo, N.Y., who was convicted of conspiracy to possession with intent to distribute crack cocaine, cocaine and marijuana, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was a member of the 10th Street Gang. Between 2004 and July 2010, Medina along with other members and associates of the 10th Street Gang distributed illegal narcotics, including crack cocaine, cocaine and marijuana, on the West Side of Buffalo.
To date 26 members and associates of the 10th Street Gang have been convicted in connection with the investigation which began in 2009.
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.Woman Pleads Guilty to Tax ConspiracyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Emma Mills, 38, of Buffalo, N.Y., pleaded guilty to conspiracy to file false claims with the Internal Revenue Service before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant conspired with others to defraud the Internal Revenue Service by creating false and fictitious W-2 forms. The forms were created by obtaining identification information from other persons. The fabricated W-2’s were submitted to the IRS with false tax returns, on which undeserved refunds and tax credits were claimed.
As part of her plea agreement, the defendant agreed to pay $35,519.00 in restitution to the Internal Revenue Service, and $6,976.00 to the New York State Department of Taxation and Finance.
Sentencing is scheduled for April 14, 2014 before Judge Arcara.
The conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, under the direction of Toni Weirauch, Special Agent in Charge.Man Pleads Guilty to Non Payment of Child Support ObligationRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Jonathan Dale, 61, formerly of Clarence, N.Y., pleaded guilty to failure to pay child support before Magistrate Judge H. Kenneth Schroeder. The charge carries a maximum sentence of six months in prison, a $5,000 fine, or both.
Assistant U.S. Attorney Marie P. Grisanti and Maura O’Donnell, who are handling the case, stated that from May of 1999 and continuing through to the present, Dale has failed to pay court ordered child support obligations and arrears totaling approximately $90,000.The conviction is the result of an investigation on the part of Special Agents of the United States Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent in Charge Thomas O’Donnell.
Sentencing is scheduled for March 5, 2014, at 10:00 a.m. before Judge Schroeder.Georgia Man Pleads to Guilty Trafficking ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Liddon Young, 32, of Stone Mountain, Georgia, pleaded guilty today before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to unlawfully deal firearms without a federal firearms license and unlawfully dealing in firearms without a license, as well as selling firearms to a convicted felon. The charges carry a maximum sentence of 20 years in prison, a fine of $750,000 fine or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between August 2012 and February 6, 2013, Young conspired with Paul Davis to unlawfully traffic firearms from the Atlanta, Georgia area to Rochester. Young sold multiple firearms and rounds of ammunition to Davis in the Atlanta area which were then transported by Davis and others for illegal resale on the black market in Rochester. Young delivered 11 firearms to Davis on February 6, 2013 in Rochester as part of the conspiracy. Davis and others deposited money into a bank account in Young’s name as payment for the illegal firearms business.
“This is yet another positive development in our continuing fight against violent gun crime,” said U.S. Attorney Hochul. “Today, a person who brought numerous illegal firearms to Rochester stands convicted in Federal Court and faces a lengthy term in prison. Yesterday’s Federal Court jury conviction of three men who used firearms to murder three persons in Greece means that each will likely spend the rest of their lives in jail. As these cases demonstrate, law enforcement will not rest until all violent criminal operations are brought to justice.”
Sentencing is scheduled for March 3, 2014 at 3:30 pm. before Judge Geraci.
Paul Davis was arrested February 6, 2013 after selling a Georgia pistol to a confidential informant. Multiple federal search warrants executed resulted in the seizure of 10 additional firearms and hundreds of rounds of ammunition. Liddon Young was arrested in Rochester on February 8, 2013 in possession of a loaded .380 caliber pistol. Davis was convicted on gun charges in April 2012 and is awaiting sentencing.
The plea is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Joseph Anarumo and the Rochester Police Department, under the direction of Chief James Sheppard.Eastern European Man Pleads Guilty to Internet FraudRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dumitru Doban, a/k/a Octavian Kucera, a/k/a Kucera Oktavian, a/k/a Pavel Luhovny, a/k/a Michal Pudil, a/k/a Tomas Kulla, 27, of Moldova, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to wire fraud conspiracy. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant, a citizen of Moldova, participated in a conspiracy to defraud purchasers of motor vehicles over the Internet. As part of the scheme, vehicle advertisements were placed online via websites such as eBay, autotrader.com, and autotraderclassics.com. Potential buyers responded by e-mail to the advertisements and were be contacted by individuals identifying themselves as the listed sellers of the vehicles. E-mail correspondence occurred between the two parties with descriptions of the vehicles, negotiations of the purchase price, shipping information, and purchase information. Once an agreement was reached for the purchase of the vehicles, the buyers were instructed to utilize a third party, such as eBay Motors and Google Wallet, to conduct the transaction. These third-party websites (bogus and unrelated to legitimate third party websites) were made to look legitimate.
After signing up for the third-party websites, the buyers were sent e-mails (purporting to be from the third-party websites, such as eBay Motors and Google Wallet), directing them to send wire transfers for the purchase price, plus shipping costs, to bank accounts that were opened by the defendant in Rochester, New York, Columbus, Ohio, Alexandria, Virginia, and Birmingham, Alabama, using fake names and false Czech Republic passports. After the buyers sent the wire transfers to the bank accounts, the defendant sent the money overseas, primarily to the Ukraine and Moldova, through bank-to-bank wire transfers and money transfer services, or withdrew the money from the accounts. The prospective online buyers never received any of the vehicles supposedly offered for sale as part of the scheme.
A total of 18 people, from New York, California, Nevada, North Carolina, and Arizona, and Canada, were victims of the Internet fraud scheme. Those victims transferred a total of $257,489 to the bank accounts opened by the defendant. As part of the plea agreement, the defendant admitted that the overall conspiracy – which included similar fraudulent conduct by a co-conspirator, Alexandru Turcan, in the Northern District of New York -- involved losses of more than $400,000 but less than $1,000,000.
Another defendant, Vasile Leu, also a citizen of Moldova, is being prosecuted for allegedly participating in the same Internet fraud scheme. A federal grand jury returned an indictment charging Leu with wire fraud conspiracy on September 24, 2013. The case is still pending, and the defendant is presumed innocent unless and until convicted in a Court of law.
Sentencing is scheduled for April 7, 2014, at 3:00 p.m. before Judge Geraci.
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.California Man Pleads Guilty to Unauthorized Access Device FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Darnele J. Nelson, 32, of California, pleaded guilty to possessing 15 or more unauthorized access devices, before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on May 5, 2013, Nelson was found with approximately 100 unauthorized access devices, including credit cards, debit cards and gift cards, as he attempted to enter Canada.The conviction is the result of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and Customs and Border Protection, under the direction of Randy Howe, Acting Director of Field Operations.
Sentencing is scheduled for April 1, 2014 at 12:30 p.m. before Judge Arcara.Two Massachusetts Men Who Recorded a Private Conversation between two NFL General Managers Enter into Pre-Trial Diversion AgreementsRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a resolution has been reached involving charges against two Massachusetts men charged with invading a private conversation between two NFL general managers.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on Joshua Barber and Nicholas Kaiser, both 21 of Plymouth, Massachusetts, intercepted a telephone conversation between former Buffalo Bills General Manger Buddy Nix and Tampa Bay Bucaneers General Manger Mark Dominik during which they discussed a number of private matters.
On May 20, 2013, Barber and Kaiser were charged by criminal complaint with intentionally intercepting a wire communication between private parties and with making a telephone call without disclosing their identity with the intent to annoy or harass the person at the called number. According to the criminal complaint, the defendants not only gained access to and intercepted the private conversation between the two General Managers, they also recorded it and sold it for $150.00 to a particular outlet. The private, recorded conversation was later made public.
The pending charges were resolved by the defendants entering into pre-trial diversion agreements with the Government. Under the terms of the diversion agreement, Barber and Kaiser must abide by certain terms and conditions for the next 18 months. If the defendants fail to comply with the diversion agreement, the charges could be re-instated by the Government. Those involved in this case supported the diversion disposition agreed to by the Government.
The resolution 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.Federal Jury Convicts Defendants in Greece Triple MurderRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury found three defendants guilty of committing a triple murder in the town of Greece on March 9th, 2010. Richard Anderson, Andrew Wright and Aston Johnson were convicted of the murders of victims Christopher Green, Robert Moncriffe and Mark Wisdom.
“Today’s verdict brings to a successful conclusion one of the one of the most vicious episodes in recent memory,” said U.S. Attorney Hochul. “As this case demonstrates, the violence associated with narcotics trafficking can occur anywhere. It also shows the ability of law enforcement to solve crimes and track killers across multiple jurisdictions and regions of the country. This office will not rest until all other violent criminal organizations are brought to justice.”
Specifically, Anderson, Wright and Johnson were convicted of possessing and discharging firearms and murdering the three victims in furtherance of a marijuana conspiracy. Each defendant faces a maximum of life in prison on each of the three murders. Anderson, Wright and Johnson were also convicted under a separate federal statute of intentionally killing the three victims while engaged in the marijuana conspiracy. They face maximum life in prison on each of those murder charges as well.
The defendants were also convicted of conspiring to possess with intent to distribute and to distribute at least 1000 kilograms of marijuana. Because of prior drug felony convictions, Richard Anderson and Andrew Wright face mandatory terms of life imprisonment on the conspiracy conviction. Aston Johnson faces a mandatory minimum term of imprisonment of 20 years and a maximum of life in prison on the conspiracy. In addition, the three men were also convicted of possessing three firearms in their drug storage house in Phoenix, Arizona, in furtherance of the marijuana conspiracy. They face a consecutive mandatory minimum term of imprisonment of five years and a maximum of life in prison on that conviction.
The federal jury trial lasted 10 weeks. The Government called a total of 65 witnesses to testify and introduced over 530 items of evidence. The trial was prosecuted by Assistant U.S. Attorneys Everardo (Andy) Rodriguez and Frank Sherman.
The verdict is the result of an investigation conducted 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; the Rochester Police Department under the direction of Chief James Sheppard; the U.S. Marshal?s Service under the direction of Marshal Charles Salina; the Monroe County District Attorney?s Office, under the direction of District Attorney Sandra Doorley; the Monroe County Sheriff?s Department, under the direction Sheriff Patrick O?Flynn; the Monroe County Crime Analysis Center; the United States Postal Inspection Service, under the direction of Raymond Williams; the U.S. Immigration and Customs Enforcement, under the direction of Special Agent in Charge James C. Spero; the U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, Jr,; the New York/New Jersey High Intensity Drug Trafficking area; the Franklin County, Ohio Sheriff?s Department; the Arizona Department of Public Safety; and the Los Angeles Police Department.
Richard Anderson will be sentenced on March 10, 2014 at 2:30 p.m.; Aston Johnson will be sentenced on March 11, 2014 at 2:15 p.m. and Andrew Wright will be sentenced on March 12, 2014 at 11:00 a.m., all before U.S. District Judge Charles J. Siragusa who presided over the trial of the case.Major Cocaine and Heroin Trafficker Sentenced on Drug Charges, Ordered to Forfeit AssetsRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Ronald Walker, 43, of Corona, N.Y., who was convicted of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin and conspiracy to commit money laundering, was sentenced to 10 years in prison by U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to assets totaling $2,500,000 to the United States, which represented the amount of proceeds from the drug trafficking conspiracy.
Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that between 2005 and August 2012, the defendant was part of a conspiracy to distribute cocaine and heroin. During the time period of the conspiracy, Walker was in New York City and arranged for the distribution of quantities of cocaine and heroin through others to individuals who were transporting the drugs to Rochester and distributing them. The conspiracy involved at least 40 kilograms of cocaine and one kilogram of heroin. In addition, Walker laundered drug proceeds by placing at least $911,000 in cash in safe deposit boxes opened by other individuals to conceal the proceeds. In August 2012, authorities seized the cash from these safe deposit boxes, as well as approximately $615,000 in cash from two residences connected to the defendant. Walker agreed to forfeit all of that cash, as well as a 2012 Range Rover vehicle, articles of jewelry and two properties located in Corona, N.Y., and Union City, Georgia, as proceeds of his illegal activities.
The sentencing is the culmination 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, investigators with the Rochester Police Department, under the direction of Chief James M. Sheppard, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch, New York Field Office.Lockport man sentenced on drug chargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Torano Spencer, 37, of Lockport, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine and cocaine base, was sentenced to three years probation with three months electronic monitoring by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between June 2009 and August 2010, Spencer distributed cocaine and cocaine base in the Lockport area which was supplied to him by co-defendant Eric Williams. Spencer is one of the 22 defendants convicted as a result of this drug investigation.
The conviction is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Niagara County Drug Task Force, under the direction of Sheriff James Votour.