Western District of New York
Press releases recorded for this federal judicial district.
Elmira Woman Sentenced for Filing False Tax ReturnsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Ford, 28, of Elmira, N.Y., who was convicted of conspiracy and filing false federal income tax returns, was by U.S. District Court Judge Charles J. Siragusa to five years probation, six months confinement at a community facility, and ordered to pay the Internal Revenue Service $67,926 in restituion.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in 2005 and 2006, the defendant and her sister, Dawn White, filed several false income tax returns with the Internal Revenue Service and the State of New York. Specifically, the tax returns contained false wage and tax withholding information that resulted in refunds to which Ford was not entitled. For example, for the 2005 tax year, Ford submitted a return claiming she had earned income from General Revenue Corporation in the amount of $92,000 and had $39,000 in federal taxes withheld. In actuality, the defendant earned only $2,692 from General Revenue Corporation and had only $294 in taxes withheld. As a result of the false return, Ford received $21,022 refund. In total, 13 false tax returns were filed, resulting in a loss of approximately $100,000 to the IRS.
Dawn White was convicted at trial in early 2012 and was sentenced in March 2013 to 33 months in prison.
The conviction was 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.Brooklyn Residents Arrested in International Lottery Fraud SchemeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr., announced today that four men were arrested this morning in Brooklyn, N.Y., and charged by criminal complaint with participating in a fraudulent lottery scheme being operated from Jamaica. The scheme targeted elderly citizens throughout the United States, including two seniors living in Western New York. Under arrest are: Corey Buddle, Orlando Buddle, and Otis Ricketts, all of Brooklyn, and Horace Buddle, of Montego Bay, Jamaica. The defendants are charged with conspiring to commit mail fraud, wire fraud, and money laundering. The charges each carry a maximum penalty of 20 years in prison, and fines up to $500,000.
Special Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, stated that according to the complaint, the defendants conspired with others to defraud senior citizens by luring them into believing that they had won millions of dollars in the lottery, as well as a Mercedes Benz in many cases in exchange for fees paid up front. The scheme typically utilized contact by mail, telephone or fax and also involved high pressure tactics and threats to coerce the victims to send money. In one instance, a victim was threatened with legal action possible arrest if she did not make payments to the defendants.In response to the false claims made by the defendants, victims sent payments of more than $275,000 to a residence in Brooklyn or to designated bank accounts between March 2011 and June 2013. Additional payments of unknown amounts were sent by victims to the same address in Brooklyn. According to the complaint, at least 10 elderly victims were identified by law enforcement officials, and there are believed to be others who have been victimized by this scheme. The victims include an 83 year man from Buffalo and a 71 year old man from Rochester. Some of the funds acquired from victims in the United States were transported to Jamaica, or otherwise transferred out of the country by wire transactions or ATM withdrawals at locations in Jamaica.
“We often say if it sounds too good to be true it probably is,” said U.S. Attorney Hochul. “In this case, 10 elderly victims were promised millions of dollars and luxury cars in exchange for a fee. If they did not pay up, they were threatened. If you are approached about participating in a lottery and are asked to submit money, you need to think twice. And, if you are ever threatened with legal action or arrest, contact the proper authorities. For more information, go to www.stopfraud.gov.”
The defendants are scheduled to appear today in U.S. District Court in Brooklyn.
The criminal complaint is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector In Charge Kevin Niland of the Boston Division, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.Lackawanna Men Indicted on Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a five-count indictment charging Andre Jones, Jr., 25, and Carvis McCutcheon, 33, both of Lackawanna, N.Y., with narcotics conspiracy and possession with intent to distribute and distribution of cocaine and crack cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.
Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the indictment, between August 2012 and September 5, 2013, the defendants conspired together to obtain and sell cocaine and crack cocaine in the City of Lackawanna. The indictment further states that drug sales occurred within 1000 feet of the Baker Homes, a public housing facility owned by the Lackawanna Municipal Housing Authority .
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 indictment is the result of an investigation on the part of the City of Lackawanna Police Department under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.Local Developer Indicted for Obstruction of JusticeRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. and Acting Assistant Attorney Robert G. Dreher, of the Environment and Natural Resources Division of the U.S. Department of Justice, announced today that a federal grand jury has returned a five count Indictment charging William L. Huntress, 57, of Buffalo, N.Y., and two companies he controlled, Acquest Development, LLC and Acquest Transit, LLC, with conspiracy to defraud the United States and obstruction of justice. In addition, Huntress and the companies are charged with making a false statement and concealing material facts, and criminal contempt. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.
According to the indictment, in January 2006, the defendants purchased a 97-acre piece of property at 10880 Transit Road in Amherst, N.Y. Prior to the purchase, the defendants obtained a wetland delineation for the site which concluded that 76.3 acres or 79% of the site qualified as federally jurisdictional wetlands. After the purchase, the Environmental Protection Agency (EPA) began an investigation to determine whether the site contained federal wetlands and was within the jurisdiction of the Clean Water Act. As part of that investigation, the EPA sought information from the defendants, including a request for any prior wetland delineations conducted.
Also according to the indictment, the defendants failed to disclose the existence of their prior wetland delineation, and made false statements regarding activity that was occurring on the site. The indictment further states that in a civil lawsuit involving defendant Acquest Transit, the United States District Court for the Western District of New York enjoined that company and its officers, agents and employees from performing any further earthmoving activity. However, in May 2010, defendant Huntress hired a local farmer to conduct agricultural and earthmoving activity on the site.
The same defendants were charged in an indictment on November 9, 2011. That indictment was dismissed by the District Court in an order dated March 25, 2013.
The Indictment 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. The evidence was presented to the Grand Jury by Assistant U.S. Attorney Mango and Trial Attorney Gleason, who will handle the trial of the case.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Buffalo Attorney Pleads Guilty to Submitting False Tax ReturnsRead the Press Release
Buffalo, N.Y.-- -The United States Attorney's Office for the Western District of New York announced today that Lisa M. Yaeger, 49, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to three misdemeanor charges of submitting false documents to the Internal Revenue Service. Each charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.
Assistant U.S. Attorney Gretchen L. Wylegala, who handled the case, stated that the defendant, an attorney who was employed in a variety of public positions, also maintained a private practice. Yaeger failed to report substantial amounts of income she received from her private practice in the years 2005, 2006 and 2007. The tax loss attributable to the undisclosed income exceeded $22,000.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigative Division, under the direction of Special Agent- in-Charge Toni M. Weirauch.
Sentencing is scheduled for February 10, 2014, at 12:30 p.m. before Judge Arcara.Two Canadians Charged with Credit Card FraudRead the Press Release
BUFFALO, N.Y. --U.S. Attorney William J. Hochul, Jr. announced today that Petar Petrov, 41, of Mississauga, Ontario, and Evgeniy Bandarmaliev, 50, of Toronto, Ontario, were arrested and charged by criminal complaint with conspiracy to commit access device fraud and use of counterfeit access devices. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the complaint, on September 2, 2013, Petrov attempted to enter the United States at the Lewiston Queenston Bridge. During an inspection, law enforcement officers found 10 counterfeit access devices.
After consultation with Canadian law enforcement, Special Agents with Homeland Security learned that Petrov and his associate, Bandarmaliev, were under investigation by Canadian authorities for placing illegal skimming devices on ATM machines in Canada. The machines captured account information, including PIN numbers, from ATM customers. Agents then obtained numerous security photographs from banks in the United States, including several in the Buffalo area, which depicted Pertov and Bandarmaliev using counterfeit access devices with the information from the Canadian accounts to withdraw cash. The complaint alleges that Pertov and Bandarmaliev obtained over $35,000 from this illegal activity between July 30, 2013 and September 2, 2013.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The complaint is the result of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Ohio Man Sentenced for Aiding and Abetting His Brother in a Multi-Million Dollar Fraud SchemeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that William W. Wilson, 23, of Columbus, Ohio, who was convicted of aiding and abetting his elder brother, Michael Wilson, in the possession of money unlawfully taken from a federally insured bank, was sentenced to 18 months probation by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Paul J. Campana, who handled the case, stated that William Wilson, acting under the direction of Michael Wilson, assisted his older brother in July 2010 in obtaining $71, 875 from an investor who resided in Utah. The investor sent the money through a California-based escrow agent in two separate wire transfers four days apart. Nearly all of the funds, however, were immediately frozen and later seized through the efforts of the FBI, the Internal Revenue Service, and the U.S. Attorney’s Office. The money subsequently was returned to the victim investor. At sentencing, Chief Judge Skretny noted that William Wilson did not benefit financially from his role in the offense.
Michael Wilson, 26, of Toronto, Ontario, is charged in a 47-count indictment returned by a federal grand jury December 2010. The indictment charges Michael Wilson with an $8,000,000 investment fraud scheme involving several companies allegedly controlled by Michael Wilson, and known generally as New Frontier Holdings. Michael Wilson was arrested in Canada in July 2013 on an extradition warrant arising from the indictment. Michael Wilson’s extradition hearing in Canada is scheduled for December 12, 2013.
Today's sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch.Four Michigan Residents Charged with Credit Card FraudRead the Press Release
BUFFALO, N.Y. --U.S. Attorney William J. Hochul, Jr. announced today that Rodney Gilliam, 25, of Southfield, Michigan, Raina Johnson, 22, of Detroit, Michigan, Deantuan Wiley, 24, of Sterling Heights, Michigan, and George Brown, 24, of Farmington Hills, Michigan, were arrested and charged by criminal complaint with conspiracy to commit access device fraud. The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both. In addition, Wiley was charged with possession of 15 or more counterfeit access devices, which carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney John E. Rogowski, who is handling this case, stated that according to the complaint, on July 3, 2013, a vehicle the four defendants were riding in was searched at the Lewiston Bridge. Law enforcement officers found 98 counterfeit credit cards in the car. A subsequent investigation uncovered security surveillance videos from various retail stores in Pennsylvania, Connecticut, Rhode Island, and New York which captured the defendants using numerous counterfeit credit cards to purchase gift cards and other merchandise, some of which also were found in their vehicle.
The arrest is the result of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
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.Former Telco Federal Credit Union Employee Pleads Guilty to Making False EntriesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Donna Harabin, 61, of Clearwater, Florida, pleaded guilty to making false credit institution entries before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated between January 2008 and December 2008, Harabin was president and manager of Telco Federal Credit Union in Elmira, N.Y. During that time, the defendant changed the delinquency dates and falsified payment entries on various loan accounts when she knew that the accounts were delinquent and in default. Harabin changed the due dates and payment information in the reports to make the loans appear more current.
The plea is the culmination of an investigation on the part Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Sentencing is scheduled for December 11, 2013, at 3:00 p.m. before Judge Larimer.Buffalo Gang Members Plead Guilty to Cocaine ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Tramell McGee, 30, who was convicted of conspiracy to trafficking cocaine, was sentenced to 60 months in prison by Chief U.S. District Judge William M. Skretny.
According to Assistant U.S. Attorney Timothy C. Lynch, who handled the case, the defendant was a members of the "Camp Street Boys" which operated on Buffalo's East Side. McGee was one of the leaders of the gang. The defendant and others distributed the crack cocaine in the vicinity of Jefferson Avenue and Genesee Street in Buffalo.
The defendant was arrested along with 10 others in June 2011, to date eight of the defendants have been convicted.
“This represents the second gang member convicted in Federal Court this week,” said U.S. Attorney Hochul. “We will continue to work with our law enforcement partners to remove all such criminals from the streets of our communities.”
The sentencing is the culmination of an investigation on the part the Federal Bureau of Investigation's Safe Streets Task Force, under the direction of Acting Special Agent in Charge Brian P. Boetig and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.Rochester Man Sentenced on Drug and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tabari Facen, 36, of Rochester, N.Y., was sentenced to 41 months in prison by U.S. District Court Judge David G. Larimer, following the defendant’s convictions by a jury for possessing cocaine with the intent to distribute it and possessing ammunition while being a convicted felon. Prior to sentencing, Judge Larimer dismissed additional drug and firearms crimes for which the jury had found defendant guilty, after he concluded that there was insufficient evidence to support the jury’s verdict on those counts. The dismissed counts carried a combined statutory mandatory minimum sentence of 15 years in prison.
Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the case, stated that Facen was arrested after members of the Greater Rochester Area Narcotics Enforcement Team executed a narcotics search warrant at 303 Lakeview Park on September 26, 2011. Upon entering the location, officers encountered and arrested the defendant in a bedroom on the second floor of the apartment.
In searching the apartment, law enforcement officers located and seized a small quantity of crack cocaine which was packaged for street level sale. Officers also located paraphernalia associated with drug trafficking, including glassine ziplock bags. In addition to these items, law enforcement officers located and seized a box of ammunition, which was in plain view in the same room in which officers found Facen.
The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, Special Agents from the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney, and the Rochester Police Department, under the direction of Chief James M. Sheppard.Rochester Man Indicted for Threatening the President of the United StatesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that a federal grand jury has returned a one-count indictment charging Christopher Ludwig, 30, of Rochester, N.Y., with threats against the President. The charge carries a maximum penalty of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the indictment, the defendant called the Monroe County Board of Elections in April 2012 and told an employee “I am going to kill him” in reference to the President of the United States.
The indictment is the culmination of an investigation on the part of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Pennsylvania Sex Offender Sentenced for Failing to RegisterRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gregory Grove, a/k/a Gregory Kutruff, 37, Fayette, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 18 months in prison and five years of supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Grove is a sex offender required to register under the Sex Offender Registration and Notification Act. In June 2011, he left the State of Pennsylvania to come to the Western District of New York but failed to register as a sex offender in New York State. The defendant also failed to update his registration status with Pennsylvania authorities to advise them that he had left that state.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of the United States Marshals Service, under the direction of Marshal Charles Salina.Owner of McFarland Tax Co. and Employee Indicted in Conspiracy to Defraud United StatesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Chauncee McFarland, 35, and Kenyatta Hubbard, 32, both of Rochester, N.Y., have been charged in a 74-count indictment with conspiring to defraud the United States by submitting false income tax returns, and with submitting false income tax returns to the Internal Revenue Service. The charges carry a maximum sentence of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Chauncee McFarland owned and operated McFarland Tax Company, a tax return preparation business. Hubbard was employed by McFarland. Together, the two defendants conspired to abuse the Earned Income Tax Credit by submitting false income tax returns and fake Forms W-2 on behalf of their clients. According to the indictment, the defendants prepared and submitted 73 fraudulent income tax returns, netting more than $442,000 in criminal proceeds. McFarland and Hubbard kept approximately half of the money for themselves, and gave the remainder to their clients.
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 indictment is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni M. Weirauch.LRGP Member Pleads Guilty to Murder; Attempted Murder of Rival Gang MemberRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Anthony Skinner, 20, of Buffalo, N.Y., pleaded guilty to murder in aid of racketeering activity (RICO) and attempted murder in aid of racketeering involving the shooting of a rival gang member before U.S. District Court Judge Richard J. Arcara. The charges carry a maximum penalty of life in prison, a fine of $500,000 or both.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant was a member of the LRGP Gang. LRGP is named after Lombard, Rother, Gibson and Playter Streets. On August 3, 2009, to increase his position within the LRGP Gang, the defendant murdered Andre Anderson by shooting him at the corner of Peckham and Lombard. Skinner murdered Anderson because he believed Anderson had stolen a shotgun and an assault rifle belonging to LRPG members.On March 15, 2010, the defendant attempted to murder a member of the Bailey Boys, a rival gang. Skinner shot the victim, hitting him in the leg, on Bailey Avenue near Berkshire Avenue. The defendant believed the victim was responsible for the previous murder of LRGP Gang member Eddie Battles on October 9, 2009.
"Today's murder conviction is an example of the extreme violence gang members are willing to commit,” said U.S. Attorney Hochul. “Sometimes the motive is to increase their stature in the group; on other occasions, out of the misguided belief that a particular street or area should belong to them. Whatever the perpetrator may think, the streets of our community belong to the public, and we in law enforcement will not tolerate gang activity in our neighborhoods. We have, in the past several years, removed more than 160 gang members from our city neighborhoods, and these efforts will continue."
The plea 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 and the Buffalo Police Department Homicide Unit, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for February 6, 2014 at 1:00 p.m. before Judge Arcara.Kingston, NY Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that John Joseph Stasinski, 35, of Kingston, N.Y., who was convicted of importation of MDMA, also known as Ecstasy, and possession with intent to distribute MDMA, was sentenced to 70 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant was a passenger on a commercial bus that originated in Toronto, Canada and was bound for New York City on October 20, 2011. At the Peace Bridge, the defendant was referred for secondary inspection after law enforcement officers noticed what appeared to be a bulge protruding from his back. During the secondary inspection, officers recovered two duct taped packages, each contained one kilogram of MDMA. The drugs had a street value of $221,300.
This is the second case this week involving large amounts of synthetic drugs. Earlier this week, eight people were arrested in Rochester and charged with conspiracy to import and distribute significant quantities of Methylone, also known as “Molly.”
The sentencing is the culmination of an investigation on the part of the Customs and Border Protection, under the direction of Acting Director of Field Operations Randy Howe and the Drug Enforcement Administration, under the Brian R. Crowell, Special Agent in Charge, New York Field Division.Greece Man Pleads Guilty to Online Enticement of a MinorRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Terrance Junot, III, 37, of Greece, N.Y., pleaded guilty to online enticement of a minor before U.S. District Court Judge Frank P. Geraci. The charge carries a maximum penalty of life in prison with a mandatory minimum period of 10 years in prison, a fine of up to $250,000, or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant engaged in a series of sexually explicit online communications with a 13 year old child who was known to him. During those communications, Junot persuaded the child to produce sexually explicit photographs of herself which she then sent to him over the internet. The defendant also sent sexually explicit photos of himself to the child during these chats.
The case came to the attention of law enforcement after the child's mother found naked photos of the defendant on her child's phone. The parent recognized the defendant as someone who was known to the family, and took the phone to the Greece Police who began an investigation. In the course of their investigation, Greece Police executed several search warrants and searched the victim's cell phone. Following their discovery of sexually explicit pictures of the victim, Greece Police contacted the FBI Cyber-Crimes Task Force for assistance.
“Our Office frequently tells parents and guardians to monitor the computer and cell phone usage of their children,” said U.S. Attorney Hochul. “The mother of the victim in this case did just that and now a predator will not be allowed to victimize any other children. I urge all parents to be on alert. If you see something, please say something, and, as in this case, we will do something.”
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 Officers of the Greece Police Department, under the direction of Chief Todd Baxter, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Sentencing is set for January 10, 2014 at 3:30 p.m. before Judge Geraci.Former Union President Pleads Guilty to Failure to Maintain RecordsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mark Valerio, 57, of Macedon, N.Y., pleaded guilty to violating a provision of the Labor Management Reporting and Disclosure Act before U.S. Magistrate Jonathan W. Feldman. The defendant faces up to one year in prison and a fine of up to $10,000. The charge also carries a thirteen year prohibition from holding a leadership role in a labor organization.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that between 2003 and 2012, the defendant was President of the International Brotherhood of Electrical Workers (IBEW) Union, Local 249, in Geneva, N.Y. As Local 249 President, Valerio also held a position as an officer on the executive board of IBEW System Council U-7, a labor organization affiliated with four IBEW locals in matters of collective bargaining and contract negotiations.
During this time, the defendant prepared and submitted duplicate claims for reimbursement of travel expenses to both Local 249 and IBEW System Council U-7. Valerio also claimed reimbursement from the unions for instances when he was already being compensated by his employer. The defendant knew that he had an obligation to submit true and accurate documentation regarding his expense records and that he recklessly disregarded that obligation.As a result, Valerio obtained reimbursements from the IBEW in the amount of $39,049 to which he was not entitled. The defendant resigned as the President of Local 249 in 2012.
Sentencing is set for December 2, 2013 at 10 a.m., before Magistrate Feldman.
The plea is the culmination of an investigation on the part of Investigators with the United States Department of Labor, Office of Labor Management Standards, under the direction of Acting District Director Mark Neylon.Elmira Man Sentenced to on Gun and Drug ChargesRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Shawn Rickard, 39, of Elmira, N.Y., who was convicted following of conspiracy to manufacture 500 grams or more of methamphetamine and possession of firearms in the furtherance of drug trafficking activities, was sentenced to 97 months in prison, and five years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that Shawn Rickard, together with co-conspirators Chad Speicher and John Barton and others, conspired to manufacture 500 grams or more of a mixture containing methamphetamine in Millport in Schuyler County, N.Y., between 2009 and May, 2011.
On May 18, 2011, 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 by these agencies. 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 as well.
John Barton was convicted of similar charges following a jury trial in June 2013 and will be sentenced on September 24, 2013. Chad Speicher was convicted in January 2012 and will be sentenced on September 25, 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 Resident Agent in Charge Brian R. Crowell, New York Field Division, the 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.Tennessee Woman Charged in Child Pornography CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tekilla Frisbie, 32, of Tennessee, was charged by criminal complaint with production, receipt and distribution of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, a $500,000 fine or both.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in July 2013, the FBI Office in Elmira, N.Y. was informed that a man from Maryland exchanged images of child pornography with a woman in the Western District of New York between May and August 2011. The investigation traced the images to a cell phone used by the defendant during that time. According to the complaint, the phone belonged to a friend of Frisbie's who told law enforcement officers that the defendant had lived with her and looked after her children.
The defendant was interviewed by FBI Special Agents in Tennessee and admitted that while living in the Western District of New York, she produced images of her friend's child then used her friend's cell phone to exchange the images with the man in Maryland.
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 criminal complaint was 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.Rockville Center Man; Long Island Company Plead Guilty to Cigarette SmugglingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Joseph Ruda, 62, of Rockville Center, N.Y., and Ruda’s closely held corporation, Gutlove and Shirvint, Inc. of Long Island City, N.Y., pleaded guilty to cigarette smuggling before Chief U.S. District Judge William M. Skretny.
According to Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, Ruda was part of a scheme to ship untaxed cigarettes from New York to Kentucky. The cigarettes were then mailed to other states. This was done without the filing of proper forms with the Commonwealth of Kentucky and the states where the untaxed cigarettes were shipped. The scheme is in violation of the Jenkins Act which regulates mail-order sales of cigarettes. It resulted in the shipment of over 58,000 cartons of untaxed cigarettes to Kentucky with a corresponding loss to the Commonwealth of Kentucky of nearly $175,000 in excise taxes.
The defendant also pleaded guilty on behalf of his company, Gutlove and Shirvint, Inc. The company used the ruse of shipping the untaxed cigarettes to several smoke shops on the Cattaraugus Indian Reservation where they were immediately transferred to a second truck and sent back to the Peace Pipe Smoke Shop on the Poospatuck Indian Reservation on Long Island. The cigarettes were then resold in bulk to cigarette bootleggers who then sold them in New York City. This resulted in a loss to the New York State Office of Finance and Taxation of more than $1,440,000.
The scheme was developed after Gutlove and Shirvint entered into an agreement with the Phillip Morris Corporation to stop selling cigarettes to the Peace Pipe Smoke Shop, the company's biggest customer at the time. Phillip Morris determined that Peace Pipe Smoke Shop was allegedly engaged in criminal activity and threatened to stop selling cigarettes to Gutlove and Shirvint if the corporation did not cease doing business with the Peace Pipe Smoke Shop.
Ruda faces six months in prison. Gutlove and Shirvint, Inc., faces a fine of up to $250,000. The company previously made restitution in the amount of $1,446,000 to new York State. In addition, Ruda and Gutlove and Shirvint, Inc. agreed to forfeit their profits from the scheme. This includes a $600,000,00 monetary judgment that both Ruda and his corporation are equally obligated to pay to the Government. Ruda will also personally forfeit $325,000 to the government, in cash, prior to his sentencing.
The pleas are the result of a joint investigating by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, and by the New York State Department of Taxation and Finance, Criminal Investigations Division, under the direction of Chief Investigator Patrick Simet.
Sentencing is scheduled for February 3, 2014 before Judge Skretny.Crack Cocaine Trafficker Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Cyle Krepps, a/k/a Black, a/k/a Trick, a/k/a Durell, a/k/a Dred, 26, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribution of 280 grams or more of cocaine base and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 16 years in prison by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between 2009 and 2011, Krepps processed cocaine into cocaine base which he then sold in various quantities and at different locations in the City of Rochester, including a house at 95 Friederich Park. On September 14, 2011, law enforcement officers arrested Krepps driving a rental vehicle after surveilling him leave 95 Friederich Park. The defendant had keys to the residence and over $2,200 in U.S. currency when he was arrested.
Officers then executed a search warrant at 95 Friederich Park, which was barricaded and monitored by an alarm system. Inside, officers seized a stolen, pistol-grip AR-15 style rifle chamber-loaded with seven rounds of live ammunition, a bag containing approximately two grams of cocaine base, a cell phone, and drug trafficking paraphernalia, which included scales for weighing drugs, empty bags for packaging drugs for sale, and dilutant to process drugs.
The conviction is the culmination of an investigation by members of the Violent Enforcement Suppression Team (“VEST”) of the Rochester Police Department, under the direction of Chief James Sheppard, the Greater Rochester Area Narcotics Enforcement team (“GRANET”), under the direction of Lieutenant Gerald Smith, and Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Scott Heagney.Lockport Husband and Wife Sentenced for Conspiracy to Manufacture MethamphetamineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Thomas W. McCabe, 37, and Leah McCabe, 35, of Lockport NY, who were convicted of conspiracy to manufacture methamphetamine, were sentenced to 20 months and 12 months respectively by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between December 2013 and May 22, 2014, Thomas McCabe conspired with others, including Leah McCabe, to manufacture methamphetamine, a Schedule I controlled substance. On December 6, 2013, law enforcement officers responded to 4890 Saunders Settlement Road in Lockport after receiving a report that there was a clandestine methamphetamine lab in the basement of the residence. Leah McCabe gave consent to search the premises, and in the basement, officers observed a clear, plastic bag containing a clear liquid clamped to the outside of a dresser drawer, a can of drain cleaner, a can of Coleman fuel, and a gas generator, which are used in manufacturing methamphetamine. Officers seized a plate containing a credit card, a razor blade and a white, powdery substance. A field-test of the white powder was positive for methamphetamine. State charges were filed at that time against Thomas McCabe and subsequently against Leah McCabe.
On May 22, 2014, law enforcement officers went to the McCabe residence at 51 Ritchie Avenue Tonawanda, NY, to execute arrest warrants for the couple who failed to appear in court with on the state charges. On that date, officers observed a plastic bag containing what appeared to be methamphetamine oil. During a security sweep of the residence, they observed a plate and credit card which contained a white powdery substance. Thomas McCabe and Leah McCabe were removed from the residence due to safety concerns, and were taken into custody.
During another search, officers discovered materials and equipment used to manufacture methamphetamine, including Coleman fuel, empty pseudoephedrine blister packs, table salt, a plastic funnel, ammonium nitrate, several empty cold packs, sodium hydroxide, a hydrochloric acid gas generator, and a one-pot methamphetamine bottle. A field test of the residue on the plate and credit card was positive for methamphetamine. The substances seized were submitted to the Niagara County Sheriff’s Department Laboratory for analysis, which determined that there was more than two ounces of a mixture and substance containing methamphetamine seized from the McCabe residence.
The sentencings are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, the Niagara County Drug Task Force and the Niagara County Sheriff’s Department, both under the direction of Sheriff James Votour.
Dunkirk Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney Williams J. Hochul, Jr. announced today that Talbert Milton Mount, 52, of Dunkirk, N.Y., pleaded guilty to distribution of child pornography and possession of child pornography before U.S. District Court Judge Richard J. Arcara in Buffalo. The charges carry a maximum penalty of 120 years in prison.
Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, stated that on June 14, 2012, a search warrant was executed at the defendant's residence. Agents found approximately 975 videos and over 12,770 images of child pornography on various computers and hard drives belonging to Mount. Some of the images depicted infants and toddlers. The defendant obtained and traded videos and images of child pornography over the internet. Mount was previously convicted of Corruption of a Minor of a Sexual Nature in Pennsylvania in 2010.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.
Sentencing is scheduled for February 5, 2014 at 1:00 p.m. before Judge Arcara.Third City of Buffalo Employee Charged with Stealing Thousands of Dollars from Parking MetersRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Franklin Lopez, 33, of Buffalo, New York, was charged by criminal complaint with stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that the defendant was employed part time as a coin collector for in the City of Buffalo Department of Parking Enforcement between 2003 and 2011. In this capacity, Lopez was responsible collecting coins deposited into parking meters.
According to the complaint, on August 16, 2011, Buffalo Police found over $1,300 in coins inside the defendant's work vehicle, money that was supposed to be deposited into the city treasury. Further investigation, including a review of Lopez's banking records, revealed a substantial amount of cash deposits. In addition, the defendant made significant cash payments, including a $10,000 down payment on a car and the purchase of two boats, a jet ski and a moped. The complaint further stated that other employees of the department were aware of the defendant's actions.
Lopez will have an initial appearance this afternoon at 1:00 p.m. before U.S Magistrate Judge Jeremiah J. McCarthy.
Lopez is the third employee of the Department of Parking Enforcement to be charged in this case. James Bagarozzo was convicted of stealing over $200,000 from Buffalo parking meters and sentenced to 30 months in prison on August 16, 2013. Bagarozzo was also ordered to pay $210,000 in restitution. Lawrence Charles has also been convicted of stealing over $10,000 from Buffalo parking meters and is awaiting sentencing.
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 arrests are the culmination of an investigation on the part Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Mexican National Pleads Guilty; Sentenced for Illegal Re-entryRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Fernando Cartugano-Sol, 27, a citizen and national of Mexico, pleaded guilty before U.S. Judge William M. Skretny, to illegal re-entry by an already removed alien. The defendant was immediately sentenced to time served.
According to Assistant U.S. Attorney Aaron J. Mango, on June 18, 2013, Cartugano-Sol was found in the United State working on a farm in Mount Morris, N.Y. When confronted by law enforcement officers, the defendant admitted that he was in the United States illegally. It was determined after an immigration record check that Cartugano-Sol did not make a legal entry into the United States and that he had been removed from the United States previously on September 8, 2011.
The plea and sentencing are the result of an investigation by United States Customs and Border Protection Officers, under the direction of James Engleman, Director of Field Operations.West Seneca Woman Sentenced on Drug ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Caroline Stuchal, 40, of West Seneca, N.Y., who was convicted of possession of half a kilogram of cocaine with the intent to distribute, was sentenced to 36 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Anthony M. Bruce, who handled the case, stated that in November 2010, law enforcement officers executed a search warrant at the Winchester Grill on Harlem Road in West Seneca. Officers seized more than 500 grams of cocaine which the defendant admitted that her husband, co-defendant Vincent Stuchal, was giving to her to distribute to customers at Chuggers, a West Seneca bar.
Stuchal was arrested in June 2011 along with her husband Vincent who was convicted of the same charge on August 27, 2012 and is awaiting sentencing.
Caroline Stuchal was remanded back into the custody of New York State to face sentencing on charges of attempted possession of a controlled substance with intent to sell.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the West Seneca Police Department, under the direction of Chief Daniel Denz.Webster Plating Company; General Manager Sentenced for Violating the Clean Water ActRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Maracle Industrial Finishing, located at 39 Commercial Street, Webster N.Y., and General Manager Jon Maltese, 60, of Canandaigua, N.Y., were sentenced before U.S. District Court Judge David G. Larimer for violating the Clean Water Act. The corporation was sentenced to three years probation and was ordered to pay a $10,000 fine, while General Manager Jon Maltese was also placed on probation for three years, ordered to pay a $4,000 fine, and ordered to complete 80 hours of community service.
In addition, Thomas Maracle, President of Maracle Finishing, was ordered to establish a company-wide environmental compliance program, which includes training employees about the Clean Water Act. Maracle and his successors will be responsible for ensuring and certifying that the company remains in compliance with that plan.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Maracle Industrial Finishing worked with phosphorus and chromium products used in the metal and powder production industry. The company operates out of an industrial building in Webster which has an area with dipping tanks and a painting area. The dipping tanks are filled with various chemical solutions and parts are dipped into each one in sequence. The parts are then rinsed with other cleaning agents over the tanks. The tanks sit atop a drain system which empties into a holding pit where the material is stored for later disposal. The pit contains a sump pump which is connected directly to the outside sewer line, and this sewer connects directly to the Webster Publically Owned Treatment Works (POTW), which in turn connects to Lake Ontario, a navigable waterway of the United States.
Maracle operated under a Zero Discharge Permit that was issued by the Town of Webster beginning in January 2010. Under the permit, Maracle Finishing was not allowed to discharge any process wastewater, only sanitary waste (i.e. - water coming from sinks, toilets, and showers). Maracle Finishing and John Maltese violated this Zero Discharge Permit by repeatedly discharging process wastewater into the sewer system from the facility.
Concerning the investigation, water samples taken from Maracle Finishing in late 2011 tested positive for a wide array of process waste-water, including volatile and semi-volatile organics. Officials obtained samples taken from a sewer directly outside Maracle which connected the building to the POTW. These showed that not only was Maracle discharging process waste-water, which violated their Zero Discharge Permit, but also that some of the waste-water itself posed an explosive hazard due to its low flashpoint. Lab analysis of the waste-water showed a 40.3 degree Celsius flashpoint in violation of POTW limits. The Village of Webster POTW doesn't take any waste-water discharges below a 60 degree Celsius flashpoint because the lower flashpoint has an increased risk of explosion or fire at lower temperatures and is more dangerous.
Webster officials and investigators with the Environmental Protection Agency-Criminal Investigation Division and the New York State Department of Environmental Conservation went to Maracle on several occasions to check for discharges at the sewer outside the company. A manhole directly outside Maracle permitted easy inspection of water leaving the facility and entering the POTW system. At virtually every visit, officials were able to see process waste-water leaving Maracle's building and flowing into the POTW in violation of the Zero Discharge Permit. They confronted General Manager John Maltese, who always denied discharging anything other than bathroom water. However, during several of these visits they saw a sump pump running in plain sight which was discharging process waste-water from the holding pit area. Workers interviewed during the investigation confirmed that Maltese would order them to turn the discharge pumps on to drain the chemicals in the holding pit.
The EPA executed a federal search warrant in March 2012 and conducted extensive testing and analysis. Dye testing was performed to confirm that the material from the holding pit was the same material as that being discharged into the POTW line outside. Samples from the dipping tanks, holding pit, and paint area were also obtained and tested.
"As the judge in this case noted, these crimes could have been avoided had the defendant not attempted to cut corners," said U.S. Attorney Hochul. "This office will continue to utilize the federal environmental laws to protect the community and prevent individuals or companies from putting profit ahead of people."
The sentencings are 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, Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Lieutenant Richard Thomas, and the Village of Webster Department of Public Works, under the direction of Superintendent Jake Swingly.Rochester Man Sentenced in Drug ConspiracyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that LaPrece Lawhorn, 26, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and to distribute 28 grams or more of cocaine base, was sentenced to 180 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Robert Marangola and Jennifer Noto, who handled the case, stated that the defendant participated in a drug trafficking organization responsible for the distribution of large amounts of cocaine and cocaine base in the Rochester area. Lawhorn was involved in manufacturing and distributing the cocaine base. The defendant was one of 10 defendants arrested in connection with this drug investigation. All 10 defendants have been convicted. Lawhorn is the fourth defendant to be sentenced.
The sentencing was the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Scott Heagney and investigators of the Rochester Police Department, under the direction of Chief James Sheppard.Former Funeral Home Owner Pleads Guilty to Bank FraudRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Serrell Gayton, 55, of Rochester, N.Y., pleaded guilty before U.S. District Judge Charles J. Siragusa, to bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that between December 15, 2011 and January 4, 2012, the defendant prepared false and fraudulent checks. As part of the scheme to defraud, Gayton and an associate deposited checks, made payable to the defendant’s business, Serenity Hills Funeral Chapel Inc., at Citizens Bank branches in Rochester. Checks totaling more than $17,000 were attempted to be deposited by the defendant and his associate, resulting in a loss to Citizens Bank of approximately $3,800.
Sentencing is scheduled for December 13, 2013 at 3:00 p.m. before Judge Siragusa.
The plea was 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.10th Street Member Pleads Guilty to RICO ConspiracyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Melvin Medina, 27, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to a Racketeering Influenced Corrupt Organizations (RICO) Conspiracy. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant was a member of the 10th Street Gang. Medina possessed firearms and sold crack cocaine and marijuana as a part of his participation in the 10th Street gang's activities.
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 January 24, 2014 at 12:30 p.m. before Judge Arcara.East Rochester Man Sentenced for Roles in Scrap Medal Theft and Marijuana Grow OperationRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Christopher H. Monfort, 41, of East Rochester, N.Y., who was convicted of burglary of a railcar and manufacturing 50 or more marijuana plants, was sentenced to 78 months in prison and ordered to pay $4,669.26 in restitution by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Monfort was involved in four scrap metal thefts between June 19 and June 30, 2009. On June 30, 2009, the defendant, along with Richard E. Riedman, Anthony Russell, Anthony Toscano, and Timothy M. Stone, stole more than 17 gross tons of a high-grade scrap steel from a railcar at a CSXT rail yard in Batavia, N.Y. Monfort and his co-conspirators used a logging truck to remove the scrap steel from the railcar, wore dark clothing and used lookouts to avoid detection by law enforcement authorities and pedestrians, and used two-way radios to communicate with each other during the theft.
The defendant and Stone were apprehended in the logging truck, and Riedman, Toscano and Russell were arrested in a pick-up truck by members of the Genesee County Sheriff's Office as they left the scene of the theft in the early morning hours of June 30, 2009. The bales were in the process of being shipped to a steel mill in Pennsylvania when Monfort and his co-conspirators stole them. The defendant also stole an additional 50 gross tons of the same type of high-grade processed scrap steel during three other thefts from railcars at the same CSXT railroad yard between June 19 and June 20, 2009.
Riedman, Toscano, Russell, and Stone were convicted of the theft that occurred on June 30, 2009, after a two-week jury trial before Judge Siragusa in September 2012. Toscano, Russell, and Stone were sentenced to 18 months, 15 months, and 12 months in prison, respectively. Riedman is awaiting sentencing.
The marijuana charge stemmed from a search warrant executed at a residence located at 353 Noridge Drive in Irondequoit, N.Y, in December, 2011. During the search, the police recovered 276 marijuana plants, as well as scales, lights, and other equipment used to grow and manufacture marijuana. Monfort admitted to using the residence to house a marijuana grow operation.
The convictions relating to the scrap metal thefts are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Genesee County Sheriff's Office, under the direction of Gary Maha.
The conviction relating to the marijuana grow operation is the culmination of an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Rochester Police Department, under the direction of Chief James M. Sheppard, the Brighton Police Department, under the direction of Chief Mark Henderson, the East Rochester Police Department, under the direction of Chief Steven J. Clancy, and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.
Sex Offender Sentenced in Failure to Register CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Chad S. Williams, 42, of Rochester, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 33 months in prison and six years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Williams, a sex offender, last updated his sex offender registration in 2009. In July 2009, the defendant left the State of New York to live in the State of Georgia. Between July 2009 and March 2011, Williams failed to register in Georgia and failed to update his registration status in New York.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of the United States Marshals Service, under the direction of United States Marshal Charles Salina.Buffalo Man Sentenced for Food Stamp FraudRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Riyadh Almadrahi, 35, of Lackawanna, N.Y., who was convicted of food stamp fraud, was sentenced by U.S. District Judge Richard J. Arcara to 15 months in prison and ordered to pay restitution in the amount of $143,700 to the United States Department of Agriculture.
Assistant U.S. Attorney Robert C. Moscati, who handled the case, stated that Almadrahi participated in the operation of a deli known as Zip's Food and Beverage at 896 Niagara Street in Buffalo. The defendant and others exchanged customer's food stamp benefits for cash in violation of the rules governing the food stamp program. In less than a two year period, Almadrahi acquired approximately $143,700 through these fraudulent transactions.
The sentencing is the result of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General; Special Agents of the Federal Bureau of Investigation under the direction of Acting Special Agent in Charge Steven L. Lanser; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; and the New York State Police, Special Investigations Unit, under the direction of Lieutenant Joseph Scioli.Rochester Tax Preparer Pleads Guilty to Tax ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jorge O. Laurido, 54, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to four counts of assisting in the preparation of false tax returns. Each charge carries a maximum penalty of three years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that the defendant prepared and filed false income tax returns for tax filers in Rochester. Specifically, the defendant filed tax returns for the years 2007 through 2010 that falsely represented the taxpayers earned amounts of self-employment income. This allowed Laurido's clients to be eligible for larger Earned Income Credits. The false returns resulted in the taxpayers receiving larger refunds than they were entitled to. The Internal Revenue Service determined that the false tax returns prepared and filed by the defendant resulted in losses totaling $116,139.00.
Sentencing is scheduled for December 5th, 2013 at 4:00 p.m. before Judge Geraci.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation, under the direction of Special Agent In Charge Toni Weirach.Chicago Man Sentenced on Mortgage Fraud and Identity Theft ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Julius Willard, 55, of Chicago, Il., who was convicted of bank fraud and aggravated identity theft, was sentenced to 94 months in prison by U.S. District Judge Richard Arcara, and ordered to pay over $7,000,000 in restitution.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant submitted fraudulent mortgage applications to various financial institutions, including HSBC Bank, while he worked as a mortgage broker in the Atlanta, Georgia, area. Willard's conduct resulted in a loss of over $7,000,000 to the victim financial institutions.
The defendant was part of a scheme that recruited individuals to apply for mortgages and purchase income properties. Willard then submitted mortgage applications on behalf of the borrowers, which included false information as to borrowers' employment, salary, and residency; and fraudulent pay stubs, employment verification forms, and bank statements as supporting documentation.
At the time he engaged in this conduct, the defendant was ineligible to work as a licensed mortgage broker, due to his criminal record. Willard utilized identifying information of another individual to gain employment with a mortgage brokerage firm and to carry out his scheme to defraud the financial institutions.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Steven L. Lanser, along with Special Agents of the Housing and Urban Development Office of Inspector General, Atlanta, Georgia Office, and the United States Attorney's Office for the Northern District of Georgia.Canadian nationals charged in $9 million tax refund schemeRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. and Assistant Attorney General Kathryn Keneally of the U.S. Department of Justice, Tax Division, announced today that a federal grand jury in Rochester has returned a 19-count superseding indictment charging Daveanan Sookdeo, Kevin Cyster, Jonathan Neufeld, Christina Starkbaum, Renee Jarvis, Jose Compuesto, all of Ontario, Canada, and Timothy Johnston, of Nova Scotia, Canada with conspiring to defraud the Internal Revenue Service, stealing government funds, filing false claims against the United States and transporting money taken by fraud in foreign commerce. The charges each carry a maximum penalty of between five and 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the superseding indictment, the defendants conspired to defraud the United States by filing at least 18 false non-resident federal income tax returns, claiming more than $9,000,000 in false federal income tax refunds. In response to the false returns, the IRS sent Treasury Checks totaling more than $3.5 million to the defendants in Canada.
"We've said before that both individuals and companies in this country must play by the rules," said U.S. Attorney Hochul. "This is particularly true for foreign nationals who would seek to defraud the American public out of their hard earned tax dollars."
According to the indictment, the defendants are Canadian citizens and residents. Daveanan Sookdeo served as a middleman between the other Canadian defendants and Ronald Brekke, a previously convicted California fraud promoter. Brekke made false IRS Forms 1099-OID for the defendants and electronically transmitted them to the IRS. The Forms 1099-OID reported that the defendants creditors, such as banks and mortgage companies, had withheld large amounts of federal income taxes and paid the taxes over to the IRS. In fact, there were no such withholdings or payments to the IRS. The defendants then filed individual income tax returns with the IRS, attaching copies of false Forms 1099 and fraudulently claiming refunds of the nonexistent tax withholdings.
The indictment further states that during 2009 and 2010, the defendants crossed the border from Canada into the United States and opened bank accounts in Niagara Falls, Rochester, Brockport, and Kenmore, N.Y. The defendants deposited the tax refund checks in those accounts and then transferred funds to financial institutions in Canada and the United States.
According to court filings, the grand jury previously returned a one count indictment against Kevin Cyster in November 2012, charging him with filing a false claim to the United States, after Cyster was arrested while attending the "2012 Family Reunion" of the Global Information Network in Nashville, Tennessee.
This case is just the latest in a continuing series of multi-million dollars tax cases prosecuted by the Western District of New York in the last 45 days. On July 30, 2013, defendant John Gizzi pleaded guilty to filing false tax returns and agreed to pay $11,000,000 to the Government in criminal restitution and to settle civil claims.
The superseding indictment is the result of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation, under the direction of Special Agent In Charge Toni Weirach. The evidence was presented to the Grand Jury by Assistant U.S. Attorney Marisa J. Miller and Jeffrey A. McLellan, Tax Division Trial Attorney, who will handle the trial of the case.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Pleads Guilty to Tax Evasion and Falsifying a Passport ApplicationRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Diane Abram, 61, of Buffalo, N.Y., pleaded guilty before U.S. District Court Chief Judge William M. Skretny, to tax evasion and making false statements in a passport application. The charges carry a maximum penalty of 15 years in prison, a fine of $350,000 or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that in January, 2013, the defendant applied for a U.S. Passport, in the name Diane Ballard, at the U.S. Passport Office in Buffalo. On the application, the defendant failed to disclose that she had previously utilized the name Diane Abram, and had previously obtained passports in the name Diane Abram. The passport office detected the fraud and Abram admitted that she lied on the application and intentionally attempted to obtain passports in two separate names and social security numbers to avoid collection of outstanding taxes.
Further investigation revealed that the defendant owed the Internal Revenue Service approximately $25,000 and that she ignored and evaded collection efforts by using an alternate name and social security number, and by failing to notify the IRS of this alternate name and social security number.
The plea is the culmination of a joint investigation on the part of Special Agents of the Internal Revenue Service, under the direction of Special Agent-In-Charge Toni Weirauch, and Agents of the U.S. Department of State Diplomatic Security Service, under the direction of Special Agent in Charge Roy Stillman.
Sentencing is scheduled for January 13, 2014 at 9:00 a.m. before Judge Skretny.Tonawanda Man Indicted on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a grand jury has handed down a two count indictment charging Peter Viera, 20, of Tonawanda, N.Y., with conspiracy to possess with intent to distribute, and to import, methylone, a Schedule I controlled substance. The charges carry a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment and the criminal complaint that preceded it, between October 21, 2011, and May 31, 2013, the defendant conspired with others to import from China, obtain, and sell methylone in Western New York. On May 31, 2013, Viera was parked in a car across from the LaSalle Post Office in Niagara Falls, N.Y. observing a co-conspirator pick up a package from the Post Office, which had been sent from China. Unbeknownst to Viera and his co-conspirators -- the package was intercepted two days prior by U.S. Postal inspectors and found to contain approximately one kilogram of methylone.
The indictment is the result 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 Postal Inspection Service, under the direction of Kevin Niland, Inspector in Charge, Boston Division,
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Attorney Pleads Guilty to Filing False Tax ReturnsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Salvatore J. Marcera, Jr., 52, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to four felony charges of filing a false personal income tax return. Each count carries a maximum penalty of three years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that the defendant, a sole practitioner attorney in Rochester, acknowledged that the Government's proof would be sufficient to obtain a conviction on each of the four counts charging Marcera with filing a false tax return for tax years 2004 through 2007. The defendant understated the gross receipts of his law practice on the Schedule C of each return. The total of the unreported gross receipts for the four tax years as shown by the Government's proffered evidence was approximately $356,353. The Government offered evidence that, if the true gross receipts had been reported by defendant for each of the years in question, the total for the four years of additional tax due and owing would be $104,074.00.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch, New York Field Office.
Sentencing is scheduled for January 7, 2014, at 3:30 p.m. before Judge Geraci.Pennsylvania Man Pleads Guilty to Production of Child PornographyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Randall Lose, 36, of Howard, Pennsylvania, pleaded guilty before U.S. District Judge Richard J. Arcara, to production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of 30 years, a fine of $250,000, or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that the investigation was initiated by the City of Tonawanda Police Department after receiving a complaint from the parent of a minor victim. The information was then forwarded to the FBI. During the investigation, it was determined that the defendant, who resided in Pennsylvania, used the Internet to communicate with a minor female living in Western New York. Lose instructed her to engage in various sexual acts, on camera, which he then viewed via Skype and recorded.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Steven L. Lanser and the City of Tonawanda Police Department, under the direction of Chief William Strassburg.
Sentencing is scheduled for January 27, 2014, at 12:30 p.m. before Judge Arcara.Orleans County Man Indicted on Drug and Gun ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a grand jury has handed down a four count indictment charging Allen M. Young, 37, of Barker, N.Y., with possession with intent to distribute and distribution of methylone, a Schedule I controlled substance, conspiracy, possession with intent to distribute marijuana, and being a felon in possession of firearms and ammunition. The charges carry a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment and the criminal complaint that preceded it, between December 1, 2012, and February 14, 2013, the defendant conspired with others to obtain and sell methylone in Western New York. On December 13, 2012, while members of the Orleans County Major Felony Crime Task Force were attempting to execute a search warrant on Young and his car, he fled at a high rate of speed before crashing the car in Ridgeway, N.Y. The defendant fled the scene on foot, and nine rounds of .50 caliber ammunition were found in the car. Two days later, a backpack, later identified as Young's and containing 1.8 pounds of methylone, was found abandoned in the woods near the scene of the crash.
Young was subsequently arrested in Erie, Pennsylvania, on February 14, 2013, and has been in custody ever since. The defendant, who was convicted of a felony offense in Orleans County in 2009, was also charged with possessing seven firearms and the aforementioned .50 caliber ammunition between January 1, 2011, and April 5, 2013, and with possession of marijuana with intent to distribute, also on December 13, 2012.
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 indictment is the result of an investigation on the part of the Orleans County Major Felony Crime Task Force, under the direction of District Attorney Joseph Cardone and Sheriff Scott D. Hess, and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.Three Time Felon Sentenced on Weapons ChargeRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr., announced today that Davon Washington, 30, of Rochester, N.Y., who was convicted of possessing an illegal firearm after having been previously convicted of three prior violent felonies, was sentenced by U.S. District Judge David G. Larimer to 15 years in prison. Judge Larimer, who found that Washington was an Armed Career Offender under federal law, also placed Washington on five years of post-release supervision.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Washington was a passenger in a vehicle that was stopped for a traffic violation on Jewel Street in Rochester. The defendant attempted to flee from the vehicle and engaged in a physical struggle with police officers. While running from the scene, Washington was observed tossing a handgun over a fence. The loaded firearm was recovered in an adjacent yard. Officers later located the defendant hiding in a nearby apartment building.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco and Firearms, and Explosives, under the direction of Resident Agent in Charge Scott Heagney, along with officers and investigators with the Rochester Police Department, under the direction of Chief James Sheppard.League City Texas Man Sentenced on Drug and Money Laudering Conspiracy ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Will Johnson, 32, of League City, Texas, who was convicted of conspiracy to distribute kilograms of cocaine and conspiracy to commit money laundering, was sentenced to 10 years in prison and five years supervised release by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case stated that Johnson, formerly of Buffalo, distributed kilograms of cocaine from the Houston area to other individuals who thereafter distributed that cocaine in Buffalo and elsewhere in the Western New York. In July, 2010, during a wiretap investigation, law enforcement officers executed search warrants at locations including an apartment leased by the defendant in Missouri City, Texas, and his residence at 1546 Viejo Drive, in League City, Texas. Officers seized cocaine and plastic wrappers consistent with packaging for multiple kilograms of cocaine, $55,000 in U.S. currency, a .44 caliber loaded handgun, and boxes of assorted ammunition.
Johnson also deposited and transferred funds generated as a result of his drug trafficking through and to financial institutions. For instance, the defendant paid approximately $13,000 to a used car lot (Maxx Auto Sales) in Buffalo to purchase a 2004 Escalade motor vehicle. Johnson also arranged to have cash deposits of $20,000, proceeds from his unlawful distribution of cocaine, made into bank accounts. The funds were then used as a down payment for the defendant’s residence at 1546 Viejo Road in League City, Texas. As part of his sentence, Johnson will forfeit $203,000 in cash.
This conviction is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Steven L. Lanser, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch, and the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour.
Johnson is one of the 20 defendants convicted as a result of this drug investigation.Crack Cocaine Trafficker Sentenced to 25 yearsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Firkon James, a/k/a Roc, a/k/a Maurice Patterson, a/k/a Mark James, a/k/a John Atkins, 38, of New York City, who was convicted of conspiracy to possess with intent to distribute and distribution of 280 grams or more of cocaine base, was sentenced to 25 years in prison, and 10 years supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that James purchased cocaine in New York City and transported it to an apartment in Winton Village in Rochester. The defendant then processed the cocaine into cocaine base that he weighed, broke down, packaged, and sold in various quantities. After multiple confidential informant purchases of cocaine base from James, the investigation culminated on September 10, 2010 with the execution of multiple federal search warrants. Officers seized over 250 bags of cocaine base packaged for street sale, a stolen 9mm pistol loaded with 9 rounds of live ammunition, 74 rounds of various rounds of ammunition, paraphernalia for the processing, weighing, and packaging of cocaine and cocaine base for sale, a 2005 Nissan 350Z, a 2005 Jeep Cherokee, a 2003 BMW, and a 2003 Chevy Tahoe. As part of his sentence, James was ordered to forfeit the four vehicles, firearm, and the rounds of ammunition seized during the investigation.
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), under the direction of Lieutenant Gerald Smith, 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.Major Cocaine and Heroin Trafficker Pleads Guilty, Agrees to Forfeit $2.5 Million in AssetsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Ronald Walker, 43, of Corona, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to conspiracy to distribute and possession with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin and conspiracy to commit money laundering. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.00, or both. The defendant also agreed to the forfeiture of assets with a total value of $2,500,000 to the United States which represented the amount of proceeds from the drug trafficking conspiracy.
Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that between 2005 and August 2012, the defendant participated in a conspiracy to distribute cocaine and heroin. During that time, Walker, in New York City, arranged for the distribution of quantities of cocaine and heroin which was transported to Rochester and distributed. At least 40 kilograms of cocaine and a kilogram of heroin were involved in this conduct. The defendant also laundered drug proceeds by placing at least $911,000 in cash in safe deposit boxes opened by other individuals to conceal the proceeds.
In August 2012, law enforcement officials seized the cash from these safe deposit boxes, as well as approximately $615,000 in cash from two residences connected to Walker. The defendant agreed to forfeit all of that cash, as well as a 2012 Range Rover vehicle, articles of jewelry and two properties located in Corona, N.Y., and Union City, Georgia, all proceeds of his illegal activities.
The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, investigators with the Rochester Police Department, under the direction of Chief James Sheppard, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch, New York Field Office.
Sentencing is scheduled for Dec. 3, 2013, at 3:00 p.m. before Judge Geraci.Rochester Man Pleads Guilty to TheftRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced that Jeremy Lieberman, 34, of Rochester, N.Y., pleaded guilty before U.S. District Court Judge Charles J. Siragusa to theft while working as a Postal Employee. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Lieberman stole diamonds and other valuables while he was employed by the United States Postal Service as a mail handler at the Rochester Logistics and Distribution Center. Between January 2013 and May 2013, the defendant Lieberman abused his position to steal approximately $128,000 worth of diamonds, coins, gold, jewelry and other items.
The plea is the culmination of an investigation on the part of Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent in Charge Robert Lapina.
Sentencing is scheduled for December 4, 2013 at 3:30 p.m. before Judge Siragusa.Niagara Falls Man Sentenced on Gun and Witness Tampering ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Rodriguez Brown, 37, of Niagara Falls, N.Y., who was convicted of being a felon in possession of a firearm and witness tampering while on court supervision, was sentenced to 33 months in prison by U.S. District Chief Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between 2009 and 2010, Brown sold crack cocaine in the City of Niagara Falls. In May 2010, Niagara Falls Police officers executed a search at the defendant’s residence on
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derneda.
77th Street and recovered a loaded shotgun and ammunition. Brown was indicted on charges of being a felon in possession of a firearm and related drug offenses in August of 2010. In April 2012, with federal charges pending, Brown attempted to bribe a witness in the case and was charged additionally with witness tampering.Former Sutherland Global Services Employee Sentenced for Mail Fraud ConspiracyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Raymond Locklin, 29, of Rochester, N.Y., who was convicted of conspiracy to commit mail fraud, was sentenced to six months of home confinement to be followed by five years probation, and ordered to pay restitution in the amount of $262,263.55 by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant, a former employee of Sutherland Global Services, conspired with co-defendant Christi Meehan, to obtain copies of Intuit Inc. software. The two then sold the software online. Locklin and Meehan placed false orders for free copies of replacement Intuit software, including TurboTax and Quicken, while employed by Sutherland Global Services. After receiving the software at addresses in Rochester, the defendants sold the software online, including on eBay.com, to customers throughout the United States. The defendants then kept the proceeds for themselves which resulted in a loss to Intuit of approximately $260,000.
Christi Meehan will be sentenced on October 1, 2013 at 3:00 p.m.
The sentencing is the culmination of an investigation on the part of Inspectors of the United States Postal Inspection Service, Boston Division under the direction of Inspector Kevin Niland, and Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent In Charge Steven L. Lanser.
Former Chinese Restaurant Owner Pleads Guilty to Harboring Illegal AliensRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Wan Qin Lu, of Cheektowaga, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny, to harboring illegal aliens for commercial advantage and private financial gain. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Michael DiGiacomo who is handling the case, stated that the defendant was the former owner and manager of the Easy Z Wok Restaurant in Cheektowaga. Department of Homeland Security investigators gathered information that the defendant was employing two illegal Mexican nationals. Federal agents subsequently executed a search warrant at the restaurant and the defendant’s home. During the search of the defendant’s home, agents discovered two Mexican nationals living in the basement. The investigation also revealed that the defendant was paying the Mexican nationals cash thereby avoiding paying payroll taxes.
The plea is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for January 14, 2014 at 9:00 a.m. before Judge Skretny.