Western District of New York
Press releases recorded for this federal judicial district.
Cheektowaga woman pleads guilty to money laudering conspiracyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nannette Brown, 44, of Cheektowaga, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny to conspiracy to commit money laundering. The charge carries a maximum penalty of 20 years in prison, a $500,000 fine or both.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that the defendant conspired with her son, Tyshawn Bradley, to use the proceeds of Tyshawn Bradley’s cocaine distribution network to purchase real estate located in Buffalo. Brown admitted that her son asked her to purchase the following properties in her name in order to conceal Tyshawn Bradley as being the true owner of the properties: 8 Norway Park; 16 Corwall Avenue; 514 Dodge Street; and 33 Gerhardt Street.
Brown, Tyshawn Bradley and 10 others were arrested in April 2013 and charged with conspiracy to traffic 280 grams or more of cocaine base and 500 grams or more of cocaine within the Perry Housing Projects.
This case resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Brian P. Boetig, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Frank Christiano. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for this nation's illegal drug supply.
Sentencing is set for April 2, 2013 at 9:00 a.m. before Judge Skretny.Lockport man pleads guilty to drug conspiracy chargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Alfonzo Maye a/k/a “Fonzo,” 41, of Lockport, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to possess with intent to distribute, and to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Maye distributed cocaine and cocaine base in the Lockport area from June, 2009 through August, 2010, which was supplied to him by co-defendant Eric Williams. Maye is one of 22 defendants convicted as a result of this drug investigation.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, 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.Bronx man indicted for use of fraudulent immigration documentRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury returned an indictment charging Abdus Samad, 44, of Bronx, N.Y., with using a fraudulent immigration document. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that on August 22, 2013, Samad attempted to re-enter the United States from Canada at the Lewiston Bridge. The defendant presented a United States Passport which he obtained by making false statements in the application process. The Government alleges Samad failed to disclose his prior use of an alias in his initial asylum application with the Government.
The Indictment was 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 and the United States Department of State, Diplomatic Security Service, under the direction of Buffalo, New York Resident Agent in Charge Roy B. Stillman.
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.church photographer sentenced to multiple life sentences for sexual exploitation of childrenRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul announced today that Daryl Vonneida, 63, of Dix, N.Y., who was convicted by a jury of 14 counts related to the sexual exploitation of children, including production of child pornography, transporting minors in interstate commerce for illegal sexual activity and possession of child pornography, was sentenced to life in prison by U.S. District Court Judge Charles J. Siragusa.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant was sentenced life in prison on each of the counts of production of child pornography and transportation. Judge Siragusa also sentenced the defendant to 20 years on each of the possession of child pornography counts, all to be served concurrently.
“This case sends a clear message that if you victimize a child, you could spend the rest of your life behind bars,” said U.S. Attorney Hochul. “It also reminds all of us that child predators can include persons who work in positions of trust, and that we must continue to be vigilant with respect to those who interact with our children.”
Vonneida was charged after two minor children came forward with allegations of abuse by the defendant. Members of the New York State Police and Federal Bureau of Investigation executed a search warrant at the defendant's residence in September 2011 and recovered videos produced by Vonneida in which he coerced four children to engage in sexually explicit conduct. The defendant admitted to producing the videos and to taking the children to Hershey Park, PA and Splash Lagoon in Erie, PA.
Evidence presented by the Government at trial showed that the defendant used his position as a volunteer photographer at a church in Horseheads to gain the trust of the parents and the victims.
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 members of the New York State Police, under the direction of Major Mark Koss.
For more information, the public is encouraged to visit the following websites, which contain helpful information about protecting children from exploitation and abduction:
NY Sex Offender Registry
http://www.criminaljustice.ny.gov/nsor/DOJ National Sex Offender Public Website
http://www.nsopw.gov/What you can do to protect your child (NCJRS)
https://www.ncjrs.gov/html/ojjdp/psc_english_02/intro.htmlOffice of Juvenile Justice and Delinquency Prevention, Department of Justice
OJJDP Publications?Child Protection
http://ojjdp.ncjrs.org/pubs/missing.htmlNational Center for Missing and Exploited Children (NCMEC)
http://www.missingkids.comNCMEC’s website to teach children about dangers on the Internet
http://www.netsmartz.orgThe Federal Bureau of Investigation?s Crime Against Children Program webpage
http://www.fbi.gov/hq/cid/cac/crimesmain.htmHamburg Woman Sentenced for Role in Tax SchemeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Sheri L. Becirovic, 47, of Hamburg, N.Y., who was convicted of conspiracy to defraud the government, was sentenced to time served by Chief U.S. District Court Judge William M. Skretny. The defendant has been in prison for 12 months. Becirovic was also ordered to pay $24,341.00 in restitution to the Internal Revenue Service.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant obtained the social security numbers of seven family members and friends. Becirovic provided those numbers, in addition to her own social security number, to a co-conspirator, Clifton Jackson, who used them to file fraudulent tax returns for the tax year 2011.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch, and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.Former Lewiston Attorney Sentenced to Federal PrisonRead the Press Release
Buffalo, N.Y. – The United States Attorney’s Office announced today that Timothy Toohey, 66, of Lewiston, N.Y., who was convicted of receiving money stolen from an Indian Tribal Organization, and filing a false tax return, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara. In addition, the defendant was ordered to pay restitution in the amount of $540,000 to the Seneca Nation of Indians and $62,821 to the Internal Revenue Service.
First Assistant U.S. Attorney James P. Kennedy, Jr., who handled the case, stated that Toohey’s convictions arose as a result of the disbarred attorney's involvement in an effort to build a golf course in the Town of Lewiston. According to Kennedy, in April of 2002, Old Creek Development (OCD) was formed as a Limited Liability Corporation (LLC) by attorney Michael Dowd. Dowd was partners in OCD with two other individuals who together owned vacant land in the Town of Lewiston, and the primary reason that the LLC was formed was to develop a golf course on that land. While OCD initially sought to enter into an agreement with the Town of Lewiston to develop a municipal golf course, that effort did not succeed. At that point, the defendant decided to become involved by offering to bring together OCD (as seller) and the Seneca Nation of Indians (SNI) (as the purchaser) of the golf course site. To that end, Toohey contacted, inter alia, both Dowd (who was acting on behalf of OCD) and Bergal Mitchell, who was then the Vice Chairman of the Seneca Gaming Corporation (SGC) Board of Directors. The SGC is an entity which is wholly owned by the SNI. On February 19, 2005, the Tribal Council of the SNI passed a resolution related to the purchase of the land in Lewiston for a golf course. That resolution authorized the Seneca Niagara Falls Gaming Corporation (SNFGC), an entity wholly owned by the SGC, to acquire the land for the golf course for a purchase price which was "not to exceed $2.1 million."
In pleading guilty, Toohey admitted that during the course of the negotiations leading up to the sale of the property from OCD to the SNFGC, he and Bergal Mitchell entered into an unlawful agreement whereby each would, unbeknownst to SNI, receive a portion of the sale proceeds received by OCD from SNI. The defendant further admitted that both he and Bergal Mitchell undertook affirmative measures to conceal from members of the SNI Tribal Council, SGC and/or the SNFGC their interest in the transaction, including the fact that they were each personally going to receive a portion the sale proceeds.
According to Kennedy, the investigation revealed that after paying its expenses, OCD, on February 15, 2006, paid a total of roughly $1,400,000 for the six total parcels it obtained from the two property owners and the Town of Lewiston. On that same day, OCD conveyed title to the six parcels it had obtained to the SNFGC in exchange for $2,100,000. Of the sales proceeds received by OCD, Toohey, during 2006, received approximately $202,000, while Bergal Mitchell received approximately $248,000. In addition, Mitchell's wife Rachel received an additional $90,000. The tax conviction against Toohey resulted from his failure to report the $202,000 he received in the transaction as income on his 2006 tax return.
Immediately prior to sentencing Toohey, Judge Arcara set a date of June 17, 2014, for trial of the pending Indictment against Mitchell for his role in the transaction.
The conviction 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, Special Agent in Charge and the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni M. Weirauch, Special Agent in Charge.
Buffalo Pair Indicted for Sex TraffickingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a nine-count indictment charging Kenneth White, 37, of Buffalo, N.Y., with conspiracy to commit sex trafficking, sex trafficking by force, fraud or coercion and sex trafficking of a minor, and interstate transportation for commercial sex. The charges carry a maximum penalty of life in prison, a fine of $250,000 both. In addition, Caitlin Connelly, 29, also of Buffalo, was charged with conspiring with White to engage in sex trafficking.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the according to the indictment, between 2004 and December, 2012, White and Connelly conspired to cause five victims to engage in commercial sex acts, knowing and in reckless disregard of the fact that means of force, threats of force, fraud and coercion, and a combination of such means, would be used to cause the five victims to engage in those commercial sex acts. White also was charged with sex trafficking of a minor victim. In addition, White was charged transporting some of the victims out of New York State to engage in commercial sex acts.
Kenneth White was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder. He is being held pending a detention hearing on November 26 at 3:15 p.m. Caitlyn Connelly will be arraigned on November 26 at 2:00 p.m.
The Indictment is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Special Agent- in-Charge Toni M. Weirauch.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Amherst Man Pleads Guilty to Filing Fraudulent Tax ReturnsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Marc Walker, 53, of Amherst, N.Y., pleaded guilty to filing a false claim against the United States before Chief U.S. District Judge William M. Skretny. The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant filed federal tax returns for the tax years 2007 through 2011. Walker fraudulently overstated the amount of tax payments withheld from his wages and as a result claimed that he was entitled to tax refunds totaling $46,278 for those years. In fact, the defendant had requested that only minimal amounts of money be withheld from his earnings as payments towards his federal tax liability. As a result of the criminal conduct, Walker received federal tax refunds totaling $23,692 to which he was not entitled. As part of his plea agreement, the defendant agreed to make restitution to the federal government and cooperate with the Internal Revenue Service in a civil tax proceeding.
The conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations Division, under the direction of Toni M. Weirauch, Special Agent in Charge.
Sentencing is scheduled for March 20, 2014, before Judge Skretny.Buffalo Woman Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tracy D. Anderson, 41, of Buffalo, N.Y., who was convicted of attempting to possess with intent to distribute, and to distribute, cocaine, was sentenced to 30 months in prison by U.S. District Court Judge Richard J, Arcara.
Assistant U.S. Attorneys Timothy C. Lynch and Frank T. Pimintel, who handled the case, stated that on August 8, 2012, the defendant accepted delivery of a package shipped from the U.S. Virgin Islands that she believed contained cocaine. Prior to delivery, the actual cocaine had been seized by law enforcement officers and replaced with something of similar size, shape and weight. After being arrested, Anderson admitted that she agreed to accept delivery of the package in exchange for $200.00.
The sentencing is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland of the Boston Division and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.Buffalo Man Sentenced for Conspiracy to Commit Money Laundering ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Montique Shelton, 38, of Buffalo, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to three years probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Shelton conspired with other individuals who were engaged in drug trafficking, and thereafter purchased real estate in the City of Buffalo in his name using drug proceeds. As a result of the investigation, the property at 341 Hinman Avenue in Buffalo has been forfeited.
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 Broan P. Boetig.Probationary Buffalo Police Officer Arrested, Charged with Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hamilton, Sr., 29, of Buffalo, N.Y., was arrested and charged by criminal complaint with possession with intent to distribute and distribution of marijuana; manufacturing and possession with intent to distribute 50 or more marijuana plants; maintaining a premises for the purpose of manufacturing and distributing marijuana; and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a minimum sentence of five years in prison, a maximum of life, a $2,000,000 fine or both.
“Those who take an oath to uphold the law are held to the highest stand of conduct and the vast majority of officers do just do that,” said U.S. Attorney Hochul. “Whether experienced or new to their position, this office will not hesitate to act when it receives evidence of criminal wrongdoing involving an officer. Thanks to the hard work of our law enforcement partners, this case was brought to its conclusion within 24 hours of it being brought to our attention.”
Drug Enforcement Administration Special Agent in Charge Brian R. Crowell stated, "This officer’s actions have disgraced the men and women of law enforcement who work to keep our cities, states and nation safe. Just this week, the largest medical group in the United States issued a statement outlining the public health harms of marijuana, which is the illicit drug that Hamilton produced and sold out of his house for profit, fueling the marijuana supply and health dangers in the Buffalo area. When dirty cops tarnish the badge of those they have sworn to protect, their selfish acts disregard their pledge to protect the citizens of Buffalo." Special Agent in Charge Crowell commends the DEA Buffalo Resident Office, Buffalo Police Department, Erie County Sheriff’s Department and U.S. Attorney’s Office for their quick and effective joint investigation.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on November 20, 2013, Hamilton, a probationary Buffalo Police Officer, sold two ¼ pound quantities of marijuana for $1,100 to a confidential source in the area of Bailey and Broadway in the City of Buffalo. The defendant was then called down to Buffalo Police Headquarters at which time he was arrested. Hamilton was found in possession of his department issued firearm at the time of his arrest.
Subsequently, a search warrant was executed at the defendant’s residence at 165 Floss Avenue in Buffalo. During the search, officers discovered a marijuana grow operation in the basement of Hamilton’s house which included 82 plants and approximately four pounds of harvested marijuana. In addition, officers recovered a shotgun in the defendant’s bedroom.
Hamilton is scheduled to make an initial appearance at 2:15 p.m. this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder.
The criminal complaint is the culmination of an investigation by the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
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.
Gasport Man Sentenced on Drug Conspiracy Charge and Lockport Man Convicted of Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that James Dolly, 48, of Gasport, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine and crack cocaine, was sentenced to eight months home confinement and three-years supervised release by U.S. District Chief Judge William M. Skretny.
Also, Rodney McGilverly, a/k/a “Patches,” a/k/a “Cliff,” 37, of Lockport, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to possess with intent to distribute, and to distribute, cocaine, which carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Dolly distributed cocaine and cocaine base in the Gasport area from June, 2009 through August, 2010, which was supplied to him by co-defendant Damian Ard. Ard was convicted of conspiracy to possess with intent to distribute cocaine base, and is scheduled to be sentenced on January 6, 2014 at 9:00 a.m. From March, 2010, through August, 2010, McGilverly distributed cocaine in the Lockport, which was supplied to him by co-defendant Eric Williams. On September 10, 2013, Williams was sentenced to five years in prison.
Dolly and McGilverly are two of 21 defendants convicted as a result of this drug investigation.
The sentencing and plea are 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, 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.Canadian Man Convicted of Attempting to Enter the United States IllegallyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Victor Osa Ohanmu, 54, of Pickering, Ontario, was convicted of attempting to enter the United States after deportation, subsequent to a conviction for an aggravated felony, and making a material false statement to Customs and Border Protection officers, following a jury trial before U.S. District Court Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine or both.
According to Assistant U.S. Attorneys Kathleen A. Lynch and Paul J. Campana, who handled the prosecution of the case, the defendant drove a vehicle to the Lewiston Bridge Port of Entry on March 14, 2013 and presented a Canadian passport under a different identity. When questioned, the defendant told the officers he was driving to Boston, Massachusetts for a funeral.
Ohanmu falsely told the officers that he had not been in the U.S. before 1992, when, in fact, he had been convicted of an aggravated felony in 1990. The defendant was deported from the U.S. on two previous occasions, January 15, 1992 and February 12, 2003.
Sentencing is scheduled for March 13, 2014 at 1:00 p.m. before Judge Arcara.
The conviction is the result of an investigation by Customs and Border Protection, under the direction of Randy Howe, Acting Director of Field Operations.California Woman Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Myra Hight, 52, of Lake Tahoe, CA, pleaded guilty to marijuana conspiracy before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of five years in prison, a $250,000 fine or both.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant was arrested on February 20, 2012 by Hamburg Police in the parking lot of a store in the Town of Hamburg. During a search of the car Hight was driving, officers recovered $77,000 in U.S. Currency, money the defendant admitted was proceeds of her marijuana trafficking conspiracy.
The plea is the culmination of an investigation by the Hamburg Police Department, under the direction of Chief Michael Williams and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.Rochester Woman Charged with Stolen Identity and Refund Fraud CrimesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kelly N. Borger, 31, of Rochester, N.Y. and West Hollywood, California, was charged by criminal complaint with conspiracy to submit false claims, wire fraud, and aggravated identity theft. The charges carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Borger conspired with Michael Carney to prepare and file false income tax returns. The defendant sold Carney stolen personal identity information – including names and social security numbers – that Carney used to create fake W-2s and false income tax returns totaling over $500,000. Carney then paid the defendant for the stolen identity information with a portion of the fraudulently obtained refunds by depositing money into bank accounts that Borger controlled, including the bank account of her business, Alpha Females, Inc.
Michael Carney was convicted in California for his role in the crimes.
Borger made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson. The defendant was released on bail and is due back in court on January 9, 2014 at 9:00 a.m.
The criminal complaint is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni M. Weirauch, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Sentenced for ExtortionRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that John L. Lyons, of Caledonia, N.Y., who was convicted of extortion through interstate commerce, was sentenced to eight months in prison by U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between November 30, 2012 and December 20, 2012, the defendant posed as a private investigator in text messages to the president of a local company in Rochester who was involved in a contentious battle over control and operations of the family owned business. Specifically, Lyons, using his text messaging, stated to the victim that he had obtained incriminating information about the victim. The defendant further stated that if the victim paid Lyons $25,000 in cash, he would give the incriminating information to the victim, rather than turn over the information to the entities that hired Lyons to gather the information about victim.
The sentencing is 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.
Cheektowaga Man Convicted of Gun ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jose Gonzalez, 37, of Cheektowaga, N.Y., was convicted of possession of a short-barrel shotgun following a jury trial before U.S. District Judge William M. Skretny. Gonzalez faces a maximum 10 years in prison, a $10,000 fine or both.
According to Assistant U.S. Attorneys Eric M. Opanga and Joseph M. Tripi, who handled the prosecution of the case, the defendant was driving his girlfriend’s car, which she reported to police had been stolen. Gonzalez and co-defendant Luis Osorio were stopped by Buffalo Police on Carolina St. because officers who were following the vehicle believed the defendants were attempting to evade police. During a subsequent search of the vehicle, officers discovered a defaced short-barrel shotgun behind the driver seat.
The defendant was acquitted on a charge of possession of a defaced firearm. The jury was unable to reach a verdict on charges of felon in possession of a firearm and possession of an unregistered short-barrel shotgun.
Gonzalez and Osorio were arrested on December 14, 2011. Osorio is scheduled to go to trial on December 3, 2013.
The conviction is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for February 5, 2014 at 9:00 a.m. before Judge Skretnty.Buffalo Grandmother who Headed Family Drug Organization Sentenced on Drug Conspiracy ChargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Theresa Anderson, 57, of Buffalo, N.Y. who was convicted of conspiracy to distribute and distribution of crack cocaine, was sentenced to 188 months in prison by U.S. District Court Judge, Richard J. Arcara.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between 2000 and February 2012, Anderson headed an illegal narcotics drug trafficking organization that controlled drug sales on Swinburne and Deshler Streets in the City of Buffalo. The defendant employed several family members to sell crack cocaine on a daily basis in the neighborhood. In order to monopolize narcotics sales in the area, the defendant threatened and intimidated rival narcotics traffickers and even purchased several homes in the area which were used for selling and storing the illegal narcotics.
“This defendant not only destroyed her own family by leading them into a life of illegal narcotics trafficking, she also damaged the neighborhood where the drug trafficking took place,” said U.S. Attorney Hochul. "Together with our law enforcement partners, we will continue our efforts to make Buffalo and its neighborhoods a safer place to live.”As part of this case, the Government seized over $50,000 in U.S. Currency and approximately nine houses used by the drug organization.
Anderson was arrested in February 2012 along with eight others: Steven Butler; Dion Anderson; Melvin Calhoun; Anquensha Hodge, a/k/a Anne Anderson; Wymiko Anderson, a/k/a Red; Toshia Hodge, a/k/a Toshia Anderson; Tajia Anderson, a/k/a Porkchop; and Leo Mellerson; all of Buffalo. Five of these are either children or grandchildren of Anderson. A sixth defendant is Anderson's husband and the two others are boyfriends of Andersons' daughters. All nine have been convicted.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the New York State Police, Special Investigations Unit, under the direction of Major Thomas G. Marmion.Jamaican National Indicted for Fraudulently Receiving Medicaid BenefitsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a four-count indictment charging Georgia Bowen, a/k/a Georgia Bennett, 38, of Lackawanna, N.Y., with health care fraud and aggravated identity theft. The charges carry a maximum sentence of 10 years in prison, a $250,000 fine or both.
Assistant United States Attorney John E. Rogowski, who is handling this case, stated that according to the indictment, Bowen, a native and citizen of Jamaica, applied for Medicaid benefits through the Erie County Department of Social Services on three separate occasions in December 2010, November 2011, and June 2013. The defendant claimed to be a United States citizen and utilized social security numbers assigned to other persons. In August of this year, the defendant was charged in a criminal complaint in connection with the 2010 and 2011 applications which resulted in Medicaid paying over $19,000 in benefits to health care providers for services provided to Bowen, benefits for which the defendant was not entitled to receive.
In August 2010, Bowen was sentenced in federal court to two years in prison after being convicted of identity theft in connection with her fraudulent use of the name and social security number of another person which caused over $13,000 in Medicaid benefits to be paid through the Erie County Department of Social Services for medical services she had received. As a result of that conviction, removal proceedings against Bowen were initiated by the Department of Homeland Security.
The indictment is the result of an investigation on the part of Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Social Security Administration - Office of Inspector General, under the direction of Special Agent in Charge Edward Ryan.
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.Men Indicted on Fraud, Identity Theft, and Conspiracy ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a 68-count indictment charging Brian Smith, 40, of Buffalo, N.Y., with defrauding various individuals, companies, and financial institutions, resulting in a total financial loss of over $1,000,000. The charges carry a maximum penalty of 30 years in prison, a fine of $1,000,000 or both. Brian Smith is also charged with aggravated identity theft, which carries a penalty of two years in prison. Kelly Atkinson, 30, of Wake Forest, North Carolina, was also indicted on 13 counts, related to his role in some of the schemes to defraud.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to the indictment, Smith caused fraudulent loan applications and supporting documentation to be submitted to banks, credit unions, peer to peer lenders, and other business entities. In addition, Smith is accused of defrauding individuals out of funds under the guise of investing their money in real estate, when, in fact, he personally spent the money and did not purchase real estate. The indictment also charges Smith with using stolen identifying information from an individual to open a credit card and to obtain a vehicle.
Defendant Atkinson is charged with causing fraudulent loan applications and supporting documentation to be submitted to a credit union and another business for the purpose of obtaining loans.
The Indictment 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 Special Agents from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Man Charged with Selling Counterfeit CurrencyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Novel Rogers, 25, of Buffalo, N.Y., was charged by criminal complaint with making, selling, and delivering fraudulent U.S. currency. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to complaint, Rogers sold counterfeit currency to a cooperating witness on several occasions. A search was later conducted at Rogers’ residence where law enforcement officers found that the defendant was in possession of over $16,000 in counterfeit bills which he had produced.
The criminal complaint is the result of an investigation by Special Agents from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Fairport Woman Charged with Felony for Lying to Federal AgentsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Ann Marie Laurini, 48, of Fairport, N.Y., was charged by criminal complaint with lying to Special Agents of the Internal Revenue Service. The carries a maximum sentence of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Laurini repeatedly lied to IRS agents in connection with an investigation of Kenneth Griffin and others into financial fraud and money-laundering crimes. The defendant was employed by Griffin from March 2006 to May 2008, and engaged in acts that furthered the financial fraud. Laurini was interviewed by federal agents on several occasions concerning her knowledge and involvement in the fraud and during those interviews she falsely stated that she had not engaged in various acts of deception in furtherance of the fraud. The investigation ultimately resulted in charges against Kenneth Griffin, Brian Campbell, and two others, all of whom have been convicted.
“Lying to a government official is not only unacceptable but it is criminal,” said U.S. Attorney Hochul. “Our Office will vigorously prosecute any attempts to interfere with the efforts of any federal investigation.”
IRS Special Agent in Charge Weirauch said, “Simply stated, lying to a law enforcement officer conducting an official criminal investigation undermines the pursuit of justice. For this very reason, the government considers lying to a federal agent a very serious matter and will investigate such allegations and criminally prosecute those responsible.”
Laurini made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on her own recognizance. The defendant is due back in court on January 8, 2014, at 9:00 a.m.
The criminal complaint is the culmination of an investigation by Special Agents of the Internal Revenue Service, under the direction of Special Agent in Charge Toni Weirauch, and the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Chicago Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Salah Mohamed Ahmed, 37, of Chicago, Ill., who was convicted of conspiracy to distribute 50 kilograms or more of marijuana, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.
Defendants Abdulfatah Mosed, Mohamed Taher, Basheer Saleh, Yasin Abdulla and Bradley Parry were previously convicted of conspiracy to possess with intent to distribute marijuana.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between late 2005 and May of 2007, Mohamed Taher operated a criminal enterprise that employed five or more individuals including the defendant. The enterprise imported marijuana into the United States from Canada, and then distributed the marijuana to customers in Detroit, Chicago and Buffalo. Salah Mohamed Ahmed assisted Taher by distributing quantities of marijuana in the City of Chicago.
Taher was convicted of the charges following a four week jury trial before Chief U.S. District Judge William M. Skretny. Defendant Kaleel Albanna was acquitted of similar charges.
The sentencing is 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, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Customs and Border Protection, under the direction Randy Howe, Acting Director of Field Operations, the New York State Police, under the direction of Major Michael Cerretto, the Michigan State Police and the Willoughby Hills, Ohio Police Department.Buffalo Man Charged with Mortgage FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Rory Woods, 44, of Buffalo, N.Y., was charged by criminal complaint with making false statements on a loan application in order to secure a refinance mortgage. The charges carry 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 according to the complaint, the defendant falsely inflated the income of a borrower on a loan application submitted to JP Morgan Chase Bank. The borrower, James P. Vasiliou, Jr., previously pleaded guilty to bank fraud in connection with making a false statement on a bank mortgage application.
The complaint alleges that Woods, through his mortgage brokerage firm, Buffalo Equity, submitted an application for a refinance mortgage inflating Vasiliou’s income by thousands of dollars. A week later, Woods submitted another application on behalf of Vasiliou for a refinance mortgage on the same property that grossly inflated Vasiliou’s income three times as much as the income listed on the first application. The second loan was approved based on the exaggerated income of Vasiliou. As a result of the scheme, JP Morgan Chase Bank suffered a loss.
The criminal complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Mohammed Abdeldayem, a/k/a “Mike,” 34, of Rochester N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 10 in years prison by U.S. District Judge David G. Larimer.
Assistant U.S. Robert A. Marangola, who handled the case, stated that Abdeldayem, who operated a convenience store on Norton Street in Rochester, was responsible for the distribution of cocaine in Rochester that was trafficked in kilogram quantities from New York City.
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, the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.Rochester Man Charged in Plot to Murder Witness in Sex Trafficking CaseRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Robert Palermo, 29, of Rochester, N.Y., was arrested and charged by criminal complaint with witness tampering by attempting to kill another person to prevent that person’s testimony in an official proceeding, and threatening to assault and/or murder a Federal law enforcement officer in retaliation for performance of his official duties. The witness tampering charge carries a maximum sentence of 30 years in prison and a fine of $250,000. Threatening to assault a federal law enforcement officer carries a maximum sentence of six years in prison and a $250,000 fine.
Assistant U.S. Robert A. Marangola, who is handling the case, stated that Palermo, who is in jail on pending federal charges of conspiracy to commit sex trafficking and sex trafficking of a minor, attempted to obtain a hit man to murder the 15 year-old female sex trafficking victim. According to the complaint, over the telephone and in letters, the defendant spoke to multiple individuals about his plot to have a hit man murder the victim in order to prevent her from testifying against him. To bring the murder plot to fruition, Palermo provided the victim’s name, description and directions to an address as well as the phone number for a person outside of jail for the hit man to contact on behalf of Palermo. Law enforcement learned of the plot before any harm came to the victim.
Law enforcement officers pursued the investigation by monitoring Palermo’s conduct in jail and utilizing an undercover police officer to pose as a hit man. During the investigation, the defendant threatened a particular investigating FBI agent by stating that Palermo would “beat that guy’s face in” and that the agent would “end up in a f__king river.”
The underlying sex trafficking case, which is being prosecuted by Assistant U.S. Attorney Tiffany H. Lee, alleges that Palermo and co-defendant Daniel Tanck, knowing the victim was then 14 years old, placed an ad on Backpage.com for her to engage in prostitution activities, took pictures of her for the Backpage.com ad at their residence on Emerson Street in the City of Rochester, and posted the advertisement using Tanck’s computer.
“The allegations in this case are especially egregious insofar as they accuse the defendant of attempting to victimize a young victim not once, but twice,” said U.S. Attorney Hochul. “Thanks to the diligent efforts of law enforcement officers, both efforts were unsuccessful.”
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Rochester Police Department, under the direction of Chief James Sheppard, the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, and Special Agents of the FBI, under the direction of Brian P. Boetig, Special Agent in Charge, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Lackawanna Store Owner Sentenced for Food Stamp FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Tofeek Albanna, 37, of Lackawanna, N.Y., who was convicted of food stamp fraud, was sentenced to 15 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay $73,400 in restitution to the United States Department of Agriculture, which administers the federal government’s Supplemental Nutrition Assistance Program (“SNAP”), previously known as the Food Stamp Program.
Assistant U.S. Attorneys Robert C. Moscati and John E. Rogowski, who handled the prosecution of this case, stated that Albanna owned and operated LA Fashions on Holland Avenue in Lackawanna. Albanna primarily stocked clothing items along with a few food items in the store. The SNAP program requires that those receiving benefits purchase certain approved food items. Despite selling mostly clothing items, between February 2009 and April 2010, the defendant redeemed over $100,000 in SNAP benefits.
A lengthy investigation by state and federal law enforcement revealed that Albanna routinely sold clothing items to customers in exchange for SNAP benefits. In addition, the defendant paid cash, for a significant premium, for SNAP credits. The investigation, which utilized undercover officers who purchased clothing items with SNAP benefits, determined that the defendant fraudulently redeemed $73,400 in SNAP benefits.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General, Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the New York State Police, under the direction of Major Michael Cerretto.Buffalo Man Pleads Guilty to Producing Counterfeit CurrencyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Bishara Lott, 41, a Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to production of counterfeit currency. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant used a personal computer to print $5,090 in counterfeit $20, $50, and $100 bills. On July 2, 2013, Lott attempted to sell the counterfeit currency to an undercover operative of the Secret Service in return for $500 in genuine currency.
Sentencing is scheduled for March 7, 2014, at 12:30 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.Man Sentenced for Receipt of Child PornographyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney, William J. Hochul, Jr. announced that John Luchetti, 27, of Buffalo, N.Y., who was convicted of receipt of child pornography, was sentenced to 96 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant was convicted of receipt of child pornography in connection with his possession of numerous images of child pornography, some depicting prepubescent minors, and some depicting sadistic or masochistic conduct, and his use of an Internet file-sharing program to receive and distribute the images.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Three Time Convicted Felon Pleads Guilty to Firearms and Drugs ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jewell D. Wiggins, 46, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to possession of cocaine with intent to distribute and possession of a firearm and ammunition as a convicted felon. The charges carry a maximum penalty of 30 years in prison, a fine of $2,000,000, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that the defendant was arrested after members of the Rochester Police Department, while conducting a routine traffic stop of his car, found the defendant in possession of a loaded .45 caliber Colt Combat Commander semiautomatic handgun. During the investigation, Wiggins made several admissions to possessing the firearm.
Once under arrest for possessing the firearm, the defendant was transported to the Rochester Police Department Public Safety Building. During this transport, the Rochester Police Department officer observed Wiggins moving around in the backseat of the police vehicle. As this was happening, the defendant stated, “I just want you to know, I’m only moving around back here because I have a bad leg, not because I’m doing anything funny.” The officer searched the rear of his patrol vehicle after he had turned the defendant over the Monroe County Jail and found that the defendant had discarded thirty small bags of cocaine and five small bags of marijuana. Officers also found that the defendant possessed over $300.00 in United States currency.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent-in-Charge, Scott Heagney, members of the Rochester Police Department, under the direction of Police Chief James Sheppard.
Sentencing is scheduled for January 15, 2014, at 2:00 p.m. before Judge Larimer.North Tonawanda Man Indicted on Child Pornography ChargesRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a three-count indictment charging Thomas A. Sparks, 21, of North Tonawanda, N.Y., with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, on June 25, 2013, the defendant knowingly received 94 images of child pornography. Sparks also possessed a SanDisk Cruzer Glide 4GB USB Flash Drive which contained images of child pornography. Some of these images depicted a prepubescent minor and a minor under 12 years old.
The indictment is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Attica Pleads Guilty to Child Pornography ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Paul J. Havlen, Jr., 48 of Attica, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to attempting to receive child pornography.
Assistant U.S. Attorneys Kathleen A. Lynch and Paul J. Campana, who are handling the case, stated the defendant posted an ad on Craigslist seeking a young man who was interested in smoking marijuana and engaging in sexual activities. Between October 26, 2011 and December 19, 2011, Havlen engaged in graphic email and text exchanges with a person he believe to be a 15 year old boy. During those chats, the defendant asked the 15 year old for pictures and made arrangements to meet him at a park in Attica. The individual that Havlen was actually chatting with was an undercover police officer, and the defendant was arrested after he drove to the area of the park on December 19, 2011.
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 the Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge and the Wyoming County Sheriff’s Department, under the direction of Acting Sheriff Gregory J. Rudolph.7th National Take Back Initiative to be held October 26thRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul Jr. and Drug Enforcement Administration Resident Agent in Charge Michelle Spahn announced today that the public will have another opportunity to prevent prescription pill abuse and theft by ridding their homes of potentially dangerous expired, unused, or unwanted prescription drugs. The seventh National Take Back Initiative will take place this Saturday, October 26th from 10:00 A.M. to 2:00 P.M. The service is free and anonymous, no questions asked.
During the first six National Take Back events since September 2010, Americans turned in nearly 2.8 million pounds—almost 1,409 tons—of prescription drugs. Over 27 tons were collected in Western New York during the first six take backs, a total that represents one of the highest in the nation.
Prescription drugs that languish in medicine cabinets create a public health and safety concern because they are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high and indicate that almost twice as many Americans (6.8 million) currently abuse prescription drugs than the number of those abusing cocaine, hallucinogens, heroin, and inhalants combined, according to the 2012 National Survey on Drug Use and Health. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
DEA is in the process of drafting regulations to implement the Secure and Responsible Drug Disposal Act of 2010, which amends the Controlled Substances Act to allow an “ultimate user” (the patient or patient’s caregiver, including the owners of animals being treated by veterinarians) of controlled substance medications to dispose of them by delivering them to entities authorized by the Attorney General to accept them. The Act also allows the Attorney General to authorize long term care facilities to dispose of their residents’ controlled substances in certain instances.
The following is a list of local collection sites:Erie County Botanical Gardens, 2655 South Park Ave., Buffalo
St. Joseph’s Hospital, 2605 Harlem Rd., Cheektowaga
West Seneca Senior Center, 4620 Seneca St., West Seneca
Buffalo State College “C” Lot, 1300 Elmwood Ave., Buffalo
Kenmore Mercy Hospital, 2950 Elmwood Ave., Kenmore
West Herr Collision Center, 5140 Camp Road, Hamburg
Millard Fillmore Suburban Hospital, 1540 Maple Rd., Williamsville
DeGraff Memorial Hospital, 445 Tremont St. North Tonawanda
Twin District Fire Department, 4999 William St., Lancaster
Mercy Ambulatory Center, 3669 Southwestern Blvd, Orchard Park
Grand Island Town Hall, 2255 Baseline Rd., Grand Island
Lockport Plaza, South Transit and Willow Streets, Lockport
North Collins Police Department, 10543 Main St., North Collins
Former Niagara Falls Police Headquarters, 520 Hyde Park, Niagara Falls
Mt. St. Mary’s Hospital, 5300 Military Rd., Lewiston
Bertrand Chafee Hospital, 224 E. Main St., Springville
Gowanda Village Municipal Building, 27 East Main St., Gowanda
Cattaraugus Indian Reservation Health Center, 36 Thomas Indian School Drive, Irving
Pembroke Town Highway Barns, Routes 5 and 77, East Pembroke
Batavia Police Department, 10 W. Main St., Batavia
Arcade Police Station, 17 Church St., Arcade
Wyoming County Sheriff’s Department, 151 North Main St, Warsaw
Alstar Hqs. North, 738 Monroe St., Dunkirk
LeRoy Police Department, 3 W. Main St. Le Roy
Salamanca City Municipal Building, 225 Wildwood Ave., Salamanca
Lionel R. John Health Center, 987 R.C. Hoag Dr., Salamanca
Medina Fire Department, 600 Main St., Medina
Orleans County Public Safety Building, 13925 State Route 31, Albion
Geneseo Fire Department, 132 Center St., Geneseo
Holley Fire Department, 7 Thomas St., Holley
E. Avon Fire Department, 1615 W. Henrietta Road, Avon
Cuba Volunteer Fire Department, 51 East Main St., Cuba
Cattaraugus County Office Building, 1 Leo Moss Dr., Olean
Chautauqua Mall, 318 East Fairmount Ave., Lakewood
Brockport Police Department, 1 Clinton St., Brockport
Dansville Fire Department, 11 Franklin St., Dansville
Wellsville Fire Department, 20 S. Main St., Wellsville
Jamestown Pharmacy, 121 Liberty St., Jamestown
Monroe County Ecopark/Monroe County Sheriff’s Office, 10 Avion Dr., Rochester
Dansville Fire Department, 11 Franklin St., Dansville
Gates Police Department, 1605 Buffalo Rd., Gates
Brighton Police Department, 2300 Elmwood Ave., Brighton
Greece Police Department, 400 Island Cottage Rd., Greece
Almond Volunteer Fire Department, 1 Marvin Lane, Almond
East Rochester Police Department, 254 W. Ivy St., East Rochester
FF Thompson Hospital, 350 Parrish St., Canandaigua
Fairport Police Department, 31 S. Main St., Fairport
Webster Police Department, 226 Phillips Rd., Webster
Macedon Town Hall, 1620 Wayneport Rd., Macedon
Palmyra Police Department, 144 E. Main St. Palmyra
Wayne County Sheriff’s Office, Ontario Sub Station, 1850 Ridge Rd., Ontario
Wegman’s Plaza, 800 W. Miller St., Newark
Loson’s Big M Market, 33 Forgham St., Lyons
New York State Police, 3957 Rt. 104, Williamson
Yates County Sheriff's Department, 415 Liberty St., Penn Yan
Hammondsport Volunteer Fire Department, State Route 54, HammondsportSodus Police Department, 39 Gaylord St., Sodus
Tyrone Fire Station, 3600 State Route 226, Tyrone
Corning Police Department, 1 Civic Center Plaza, Corning
Former Employee of Amherst Technology Firm Indicted for Stealing Trade SecretsRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has filed a seven-count indictment charging Yi Liu, 40, of Lexington, South Carolina, with stealing trade secrets from Sprung-brett RDI, a technology firm located in the University of Buffalo’s Technology Incubator on Sweet Home Road in Amherst. Liu was also charged with unlawfully accessing a Sprung-brett computer, the interstate transportation of the stolen trade secrets and wire fraud for attempting to obtain pay from Sprung-brett to which he was not entitled.
The charges carry a maximum penalty of 60 years in prison, a $3,500,000 fine or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the indictment, Liu, who holds a Ph.D.in mechanical engineering from the University of Waterloo (Ontario), left Sprung-brett’s employ in February of 2011. For seven months following his departure, the defendant retained the laptop computer that Sprung-brett had provided to him while he was employed by the company. During this time, Liu allegedly downloaded electronic files onto an external hard drive that comprised Sprung-brett trade secrets about “electric actuation system technology,” technology that the company was developing for possible use in nuclear submarines and on Air Force fighters. The indictment further states that the defendant later disclosed those trade secrets.
“Protecting scientific and technological innovations developed by businesses and entrepreneurs is of primary importance not just to those who create the idea, but to our region and country,” said U.S. Attorney Hochul. “This Office will protect the intellectual property of our residents, and will vigorously prosecute those who attempt to steal it.”
At the time of Liu’s arrest, FBI agents searched his Lexington, South Carolina home and his office and workspace at the Apex Tool Group in Lexington. Agents seized computers and documents that are currently being analyzed.
The indictment is the result of an investigation by the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and the Columbia, South Carolina Office of the Federal Bureau of Investigation, under the direction of Special Agent in Charge David Thomas.Tonawanda Buffalo Convicted by Jury of Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anthony Bishop, 42, of Tonawanda, New York, was convicted by a federal jury of conspiracy to possess with intent to distribute more than five kilograms of cocaine. As a prior convicted drug felon, the defendant faces a mandatory minimum of 20 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on February 13, 2012, the defendant placed a call to the Buffalo Office of the Drug Enforcement Administration. Bishop alerted agents to an alleged drug trafficking conspiracy transporting and distributing 50 kilograms a month from Chicago to Buffalo. That information resulted in the arrest of seven defendants, all of whom have been convicted and are awaiting sentencing. During the course of that investigation, it was determined that Bishop was actually part of the conspiracy, and that he made the initial call to law enforcement to remove possible competitors.
Also during the investigation, agents seized more than $550,000 in cash, approximately two kilos of cocaine, other drug paraphernalia, four weapons, and a Ford Mustang.
The conviction 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.
Sentencing is scheduled for February 28, 2014 at 12:30 P.M. before U.S. District Court Judge Richard J. Arcara.Man Who Posed as Wellsville Doctor Sentenced for Health Care FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Fitzgerald Anthony Hudson, 53, formerly of Western New York, who was convicted of health care fraud for lying about his qualifications to practice medicine, was sentenced to 24 months in prison and three years supervised release by Chief U.S. District Chief Judge William M. Skretny. The defendant was also ordered to pay restitution in the amount of $227,548.35.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in August 2008, the defendant submitted an application and was later accepted to work as a doctor in the Emergency Department at Jones Memorial Hospital in Wellsville, N.Y. In his August application, the defendant stated that (1) he had earned a degree from York University in Ontario, Canada, (2) he had never voluntarily withdrawn or resigned any employment or privileges at any healthcare facility in order to avoid the imposition of disciplinary measures, and (3) he had never been denied or suspended from any healthcare facility. In fact, the defendant did not have a degree from York, had been suspended from his duties as a resident and dismissed from the residency program due to academic incompetence at the Warren Hospital Family Practice Residency Program in Phillipsburg, New Jersey, and had resigned from the Claxton-Hepburn Medical Center in Ogdensburg, New York after being told he would be terminated for poor performance.
During the course of this prosecution, the government presented evidence that while employed at Jones Memorial Hospital, Hudson treated a five year old child who subsequently died shortly after being treated by the defendant. That case is now the subject of an ongoing wrongful death civil suit in state court. The government further introduced a New York State Board of Professional Medical Conduct investigation which concluded that the defendant obtained his medical license by fraud and while practicing medicine, and engaged in gross negligence and gross incompetence with at least five patients.“Each and every day, people across this country place their lives and their health – as well as the lives and health of their families - into the hands of those they believe to be trained medical professionals,” said U.S. Attorney Hochul. “Such medical visits are always accompanied by the highest level of trust and hope that the person we are seeing is actually qualified to provide the care for which we are seeking treatment. It is difficult to imagine a more egregious case of health care fraud than this – where a person lies in order to become an Emergency Room physician, had been twice previously cited for incompetence and poor performance, and in fact was not a legitimate doctor at all. This Office will continue to crack down on all types of health care fraud and will vigorously prosecute those who lie about their qualifications to practice medicine.”
As for the defendant’s offense of conviction, the government established that once the defendant illegally obtained his medical staff appointment, Delphi Healthcare, Hudson’s employer, billed and received approximately $227,548.35 from Medicare, BlueCross BlueShield of Western New York, Univera Healthcare, and Independent Health for services rendered by the defendant.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge, Special Agents of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Thomas O'Donnell, Special Agent in Charge, and Investigators with the Medicaid Fraud Control Unit of the New York State Attorney General’s Office.Health Care Center Nursing Supervisor Arrested and Charged with Selling Hydrocodone and Other Pain KillersRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul announced today that Catherine Vitello, 40, of Elma, N.Y., was arrested and charged by criminal complaint with possession with intent to distribute and distribution of hydrocodone, fentanyl and alprazolam. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant is the Director of Nursing at the St. Catherine Laboure Health Care Center in Buffalo. According to the complaint, the defendant sold un-used prescription drugs from her office. These controlled substances included hydrocodone, fentanyl, oxycontin, morphine, and clonazepam. On two separate occasions in October 2013, Vitello sold hydrocodone, fentanyl and alprazolam to a confidential source working with the Drug Enforcement Administration.
“Today’s charges involve a health care professional who, instead of being a healer, acted as a drug dealer,” said U.S. Attorney Hochul. “Just last week, a jury convicted a local physician of writing over 10,000 illegal prescriptions. Prescription drug abuse is an epidemic in this country and we will continue to do our part to prosecute those who contribute to that epidemic.”
DEA Special Agent in Charge Crowell stated, “Over the past five years, emergency room visits involving the misuse or abuse of pharmaceutical drugs have doubled. Today’s arrests focused on a pharmaceutical drug dealer who led a double life disguised as the Director of Nursing at St. Catherine Laboure Health Care Center. Supplying unused prescription drugs from her office, Catherine Vitello fueled the drug threat to our community and profited over $60,000 in the last year. We allege she distributed diverted prescription drugs on the streets of Buffalo with no concern for public health. I commend the men and women in the DEA Buffalo Resident Office and the Lackawanna Police Department for their diligence in this investigation and doing all they can do to protect our families from this dangerous threat.”
The defendant will make an initial appearance at 1:30 p.m. this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy
The criminal complaint is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Office, the Lackawanna Police Department, under the direction of Chief James Michel, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Pleads Guilty to Money Laudering ConspiracyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Brian Campbell, 74, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, to conspiring to engage in money laundering activities. The charge carries a maximum penalty of 20 years in prison, a fine of $500,000 or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant worked for Kenneth Griffin, a co-defendant who was convicted in May 2013, at an employment staffing business that was used to commit fraud. 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.
Griffin and others involved in the conspiracy sought to conceal their ill-gotten gains, which totaled approximately $567,000, by laundering the proceeds of the fraud using anonymous debit cards. These cards were provided to lower-level employees, who were directed to go to ATMs in the Rochester area to withdraw cash and return with the money, which was shared among the co-conspirators.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, 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.
Sentencing is scheduled for January 16, 2014, at 3:00 p.m., before Judge Geraci.Former Sutherland Global Services Employees Sentenced for FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul announced today that Brian Wergin, 31, and Bohdan “Don” Luzecky, 46, both of Rochester, N.Y., who were both convicted of mail fraud, were sentenced by U.S. District Court Judge Frank P. Geraci, Jr. Wergin was sentenced to 21 months in prison and ordered to pay $281,964.34 in restitution. Luzecky was sentenced to 27 months in prison and to pay restitution in the amount of $235,499.34.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that while employed at Sutherland Global Services where they were assigned to provide technical support to Intuit, Inc., the defendants utilized Sutherland computers to place false and fraudulent orders for free, replacement discs of Intuit software, including TurboTax and Quicken. Between December 2009 and October 2011, the defendants ordered more than 6,500 discs to which they were not entitled. After receiving the software discs at addresses in Rochester and Atlanta, GA, the defendants sold the software online, including through eBay.com, to customers throughout the United States. Wergin and Luzecky then kept the proceeds for themselves, knowing that they were not authorized to obtain or sell the software.
The sentencings are the culmination of an investigation on the part of Inspectors of the United States Postal Inspection Service, under the direction of Inspector Kevin Niland, Boston Division, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Penfield Man Sentenced for Trafficking HeroinRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Alfredo Valentin, Jr., a/k/a Alfredo Valentine, a/k/a Fred Valentin, a/k/a Fred Vegas, 44, of Penfield, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribution of one kilogram or more of heroin, was sentenced to 20 years in prison and 10 years supervised release by U.S. District Judge David G. Larimer. Valentin was also ordered to forfeit $74,690 in U.S. currency, a 9mm pistol, and rounds of ammunition seized during the investigation.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Valentin purchased large quantities of heroin in New York City which he transported back to Rochester. The defendnat then processed, packaged, and resold the heroin in various quantities. Valentin was arrested January 16, 2013 while operating a rental car and was in possession of over 130 grams of heroin and $2,000 in U.S. currency. During the execution of a search warrant that same day at the defendant’s Plank Road residence in Penfield, law enforcement officers recovered a Hi-Point 9mm pistol with a defaced serial number, rounds of 9mm ammunition, and heroin trafficking paraphernalia. The investigation continued after Valentin was arrested and, on February 13, 2013, agents seized $72,690 in the defendant’s drug proceeds during the execution of a search warrant at 140 Central Park in Rochester.
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, with assistance provided by the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Rochester Police Department under the direction of Chief James M. Sheppard, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Resident Agent in Charge, Scott Heagney.Wayne County Man Sentenced for Selling Counterfeit Sons of Anarchy MerchandiseRead the Press Release
BUFFALO, N.Y.- U.S. Attorney William J. Hochul, Jr. announced today that Ryan Breen, 33, of Savannah, N.Y., who was convicted of selling counterfeit items from the popular FX Network Television series "Sons of Anarchy," was sentenced to five months in prison and five months home confinement by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay $5,394.15 in restitution to Twentieth Century Fox Entertainment Group, the producer and exclusive owner of the Sons of Anarchy TV series and its logos.
The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
According to Special Assistant U.S. Attorney Fauzia K Mattingly, who handled the case, Breen was identified as the owner and operator of various web sites which offered for sale over the Internet customized counterfeit t-shirts and goods using the Sons of Anarchy trademark without the permission of Fox. The defendant's web sites were seized by federal agents as part of a nationwide crackdown aimed at combating intellectual property theft.Ohio Man Pleads Guilty to Criminal Charge Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul announced today that Chris Coseglia, 27, from Ohio, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to one charge of being an accessory after the fact to a false statement under the Clean Air Act. The charge carries a maximum penalty of one year in prison, a fine of $125,000 or both.
Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was employed by JMD Environmental, Inc. (JMD) as an air sampling technician and a project monitor, and was certified by the New York State Department of Health to conduct asbestos project monitor and air sampling duties. From June 9, 2009 to January 11, 2010, co-defendants Johnson Contracting of WNY, Inc. (Johnson Contracting), Ernest Johnson, and Rai Johnson, conducted asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex in Buffalo. During the abatement process, co-defendant Rai Johnson created daily project logs to document the progress at Kensington Towers. The logs are documents required to be maintained under the Clean Air Act.
At the conclusion of the abatement for building B-2 by Johnson Contracting, Rai Johnson wrote in his daily project log that all material containing asbestos had been removed from the boiler room, when in truth, all asbestos had not been removed. Thereafter, on August 25, 2009, the defendant conducted a visual inspection of the boiler room at building B-2 and issued a satisfactory visual inspection, when in truth, the defendant was aware that all asbestos had not been removed. In doing so, the defendant acted as an accessory after the fact to the false statement made by the Johnson defendants.
This is the second defendant to plead guilty as part of the Kensington Towers asbestos abatement project. In addition to Ernest and Rai Johnson, other charged defendants include JMD project monitors Evan Harnden, and Brian Scott; and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The defendants are expected to go on trial October 22, 2013 before U.S. District Court Judge Richard J. Arcara. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Acting Special Agent-In-Charge, Vernesa Jones-Allen; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Cary Rubenstein; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.Sentencing is scheduled for February 13, 2014 at 12:30 p.m. before Judge Arcara.
Former Rochester Resident Sentenced for Receipt of Child PornographyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gordon J. Plugh, 42, of Wayland, N.Y., formerly of Rochester, N.Y., who was convicted of receipt of child pornography, was sentenced to 60 months in prison and 30 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in May 2005, the FBI received information that the website of the Great Plains Child Care Resource and Referral (GPCCRR) Center had been hacked and was used as a repository site for the distribution of child pornography. GPCCRR Center provided web logs which showed the visitors to particular areas of the website. The investigation into Internet Protocol addresses that had visited the hacked website led agents to interview the defendant at his residence in July 2005. Plugh voluntarily gave consent to the FBI agents to search two hard drives in his possession. Forensics performed on the hard drives revealed that they contained numerous images of child pornography.
The defendant obtained over 600 images of child pornography using the file-sharing software KaZaa during the period between May 2003 and July 2005.
The sentencing is 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.Woman Indicted for Stealing Money from Unity Health SystemRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a two-count indictment charging Barbara Tripi, 62, of Lyndhurst, Ohio, with interstate transportation of money taken by fraud and theft in connection with health care benefit program. The charges carry a maximum p[enalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Tripi worked at Unity Health System as a director and was responsible for account oversight beginning in 2008. Sometime around February 2009, the defendant created and submitted fraudulent invoices to Unity Health System for purported coding work performed by a “Barbie Treple,” knowing that Barbie Treple did not exist and that the medical coding services listed on the invoices had never been performed. Tripi approved the payments made to Barbie Treple. Between February 2009 and August 2011, Unity Health System issued approximately 57 checks totaling approximately $268,800, all made payable to Barbie Treple. The defendant picked up the checks from the Unity Health System cashier in Greece, N.Y. and transported the checks back to the State of Ohio and deposited the checks in a U.S. Bank account she held in Ohio.
The indictment is 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 fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Pleads Guilty to Defrauding Elderly in Telemarketing SchemeRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ricky Miller, Sr., 55, of Rochester, N.Y., pleaded guilty to conspiracy to commit mail fraud in a telemarketing scheme before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 30 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Miller worked with a group based in Jamaica that ran a bogus sweepstakes telemarketing scheme. The scheme, which targeted the elderly, involved calling victims with news that they had won a sweepstakes prize or lottery. The victims were then asked for money in order to release the purported winnings. The defendant agreed to act as a point of contact in the United States to receive money from the victims which he then forwarded to Jamaica after taking a substantial cut for himself. Victims sent approximately $300,000 to Miller during the course of the scheme.
The plea is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector In Charge Kevin Niland of the Boston Division.10th Street Gang Member Pleads Guilty to Racketeering ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Sam Thurmond, 25, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to federal Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy) before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2011, Thurmond was a member of the 10th Street Gang. As a part of his involvement in the gang, the defendant participated in the murders of Brandon MacDonald and Darinell Young who were shot and killed on April 17, 2006.On April 16, 2006, rival 7th Street Gang members were believed to have shot a 10th Street Gang member. In response, Thurmond and other 10th Street Gang members planned to retaliate. On April 17, the defendant and others obtained firearms including several shotguns, a .22 caliber rifle, a .22 caliber handgun, a .44 caliber handgun, and a .380 caliber handgun. The defendant and other 10th Street Gang members and associates then went to the area around 155 Pennsylvania Street where they believed rival 7th Street Gang members involved in the shooting were located. The 10th Street Gang members and associates, including Thurmond, began shooting at the individuals sitting on the porch, and standing near 155 Pennsylvania Street. Brandon MacDonald and Darinell Young, who were not members of the 7th Street Gang, were both shot, and both died as a result of injuries sustained during the shooting.
Thurmond is the 25th 10th Street Gang member or associate who has been convicted in connection with the investigation.
The plea 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.
Sentencing is scheduled for February 12, 2014, at 12:30 p.m. before Judge Arcara.Schuyler County Man Sentenced on Methamphetamine ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Chad Speicher, 29, of Beaver Dams, N.Y., who was convicted of conspiracy to manufacture methamphetamine, was sentenced to 46 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that the defendant, together with co-conspirators Shawn Rickard and John Barton, as well as others, conspired to manufacture methamphetamine in Millport, N.Y., from 2009 to May 18, 2011. On this date, members of the New York State Police, Schuyler County Sheriff’s Office, Schuyler County District Attorney’s Office, Village of Watkins Glen Police Department and the Drug Enforcement Administration executed a state court-authorized search warrant at John Barton’s residence based on an ongoing investigation.
In a shed on Barton’s property, law enforcement officers discovered an active methamphetamine laboratory which was in the process of producing methamphetamine, as well as methamphetamine and powder substances which tested positive for the presence of methamphetamine and pseudoephedrine. In the same shed, law enforcement officers also recovered multiple firearms, one of which was a handgun which officers located in Barton’s backpack, along with methamphetamine and over $8,000 in U.S. Currency. Officers also recovered marijuana from the house located on the property.
John Barton was sentenced to 180 months in prison on September 24, 2013. Shawn Rickard was sentenced to eight years in prison on September 18, 2013.
The sentencing is the culmination of an investigation on the part of the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzary, Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.Moldovan Citizen Indicted for Internet FraudRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a one-count indictment charging Vasile Leu, 33, of the Country of Moldova, with wire fraud conspiracy. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the indictment, the defendant, a citizen of Moldova, participated in a scheme to defraud purchasers of motor vehicles over the Internet. As part of the scheme, vehicle advertisements were placed online via web sites such as eBay, autotrader.com, and autotraderclassics.com. Potential buyers would respond by e-mail to the advertisements and be contacted by individuals identifying themselves as the listed sellers of the vehicles. Correspondence would occur 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 would be instructed to utilize a third party, such as Google Wallet, to conduct the transaction. These third-party web sites (bogus and unrelated to legitimate third party web sites) were made to look legitimate. Once the buyers signed up for the web sites, they were told that funds sent for the purchase of the vehicles would be secured by the third party while arrangements were made for the vehicles to be shipped. Buyers were also told that the money could not be accessed by the sellers unless instructed by the buyers, and that the buyers would have a five-day inspection period upon vehicle delivery.
The buyers then received an email (purporting to be from the third-party web sites, such as eBay Motors and Google Wallet), directing them to send a wire transfer for the purchase price, plus shipping costs, to bank accounts that were opened by the defendant and a co-conspirator in Rochester, Wisconsin and California using fake names and false Czech Republic passports. After the buyers sent the wire transfers to the bank accounts, the defendant would wire transfer the proceeds overseas, primarily to bank accounts in Ukraine, or withdraw the proceeds. The buyers never received any of the vehicles offered for sale as part of the scheme. Eight individuals from other states and Canada were victimized.
"This marks the second case this week involving deals that were simply too good to be true," said U.S. Attorney Hochul. "It is extremely important before purchasing any product over the internet that consumers do their homework and know exactly who it is they are doing business with. If you have any questions, consult the Better Business Bureau or visit www.stopfraud.gov."
The indictment is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigation, under the direction of Special Agent in Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Schuyler County Man Sentenced on Drug Trafficking and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that John Anthony Barton, 33, of Dix, N.Y., was sentenced to 180 months in prison by U.S. District Judge Charles J. Siragusa. Barton was convicted following a jury trial of conspiracy to manufacture 500 grams or more of methamphetamine, possession with intent to distribute 500 grams of more of methamphetamine, possession of marijuana with intent to distribute, using his residence to manufacture, distribute and use methamphetamine and marijuana, and possession of firearms in furtherance of drug trafficking crimes.
Assistant U.S. Attorneys Jennifer Noto and Charles E. Moynihan, who handled the prosecution of the case, stated that Barton was arrested on May 18, 2011, after members of the New York State Police, Schuyler County Sheriff’s Office, Schuyler County District Attorney’s Office, Village of Watkins Glen Police Department and the Drug Enforcement Administration executed a search warrant at Barton’s residence on Roloson Hollow Road in Dix. During the search, law enforcement officers discovered an active methamphetamine laboratory, which was in the process of producing methamphetamine, in a shed on the property. In the shed, law enforcement officers also recovered a total of eight firearms, including a loaded .45 caliber handgun, more than 30 grams of methamphetamine, and over $8,000 in cash. Officers also recovered approximately a pound of marijuana from the house located on the property. Testimony at the trial, which occurred in June of this year, also revealed that Barton, together with others, manufactured methamphetamine and distributed as much as 900 grams between 2009 and May 18, 2011.
“Methamphetamine is a dangerous and addictive drug that even in small doses can cause permanent harm to those who use it,” said U.S. Attorney Hochul. “Besides causing lasting brain damage, this substance has been known to cause facial disfigurement and other serious physical maladies. Beyond what the drug does to the user, those who make methamphetamine create an environmental hazard for the entire community by the toxic substances used in the production process. This sentence is therefore completely appropriate given the entire facts of this case.”
At the time of Barton’s arrest, two others – Shawn Rickard and Chad Speicher – were also arrested. Rickard pleaded guilty to narcotics conspiracy involving 500 grams or more of methamphetamine and possession of firearms in furtherance of a drug trafficking crime and was sentenced to eight years in prison. Speicher pleaded guilty to narcotics conspiracy and is awaiting sentencing.
The sentencing is the culmination of an investigation on the part of the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzary, Special Agents of the Drug Enforcement Administration, under the direction of Timothy Kernan, Resident Agent in Charge, New York State Police Community Narcotics Enforcement Team (CNET) under the direction of Major Wayne C. Olson, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.Gates Man Sentenced for Transporting a Child for Sexual ActsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Michael J. Rolfe, 48, of Gates, N.Y., who was convicted of the transportation of a minor, was sentenced to 17 years in prison and 20 years of supervised release by U.S. District Judge Frank P. Geraci, Jr..
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that in August 2012, while employed as a long distance truck driver, the defendant took a child who was less than 12 years old, on a trip from Rochester, N.Y. to locations in Texas. Rolfe engaged in sexual acts, on more than one occasion, with the child while traveling outside of New York. The defendant was previously convicted on federal charges of possessing child pornography while serving in the U.S. Navy in 2002.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent In Charge James C. Spero, along with Investigators from the New York State Police, under the direction of Superintendent Joseph D’Amico.