Western District of New York
Press releases recorded for this federal judicial district.
Lewiston man pleads guilty to Marijuana conspiracyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Kevin C. Farrell, 30, of Lewiston, N.Y., pleaded guilty to conspiring to possess and distribute over 50 kilograms of marijuana before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both. The defendant will also forfeit $100,000 in cash or property.
Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that between 2002 and April 2010, Farrell conspired with David Davis to purchase 1/2 lb and 1 lb quantities of marijuana from Davis. The defendant then redistributed the marijuana in smaller quantities to a number of customers in Niagara County. Similar charges against David Davis are pending.
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; the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division; the New York State Police, under the direction of Major Michael Cerretto; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Niagara County Sheriff's Department, under the direction of Sheriff James Votour; the United States Border Patrol, under the direction of Chief Border Patrol Agent Kevin W. Oaks; Customs and Border Protection, under the direction of James Engleman, Director of Field Operations; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Frank Christiano; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in-Charge Edward T. Bradley; Toronto Police Services, under the direction of Chief William Blair; Niagara Regional Police, under the direction of Chief Jeffrey McGuire; Peel Regional Police, under the direction of Chief Jennifer Evans; Ontario Provincial Police, under the direction of Commissioner Chris Lewis; and the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General.
Sentencing is scheduled for January 13, 2014 at 2:00 p.m. before Judge Arcara.Former Postmaster Pleads Guilty to Stealing Postal Service FundsRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Michael Kozina, 57, of Eden, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to misappropriation of postal funds by a postal service employee. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Kozina was employed as Postmaster at the Lawtons, N.Y. post office between April 2, 2005 and July 31, 2012. As the Postmaster, the defendant accepted cash payments from more than 12 United States Postal Service customers for the purchase of money orders. Instead of depositing the cash payments into the USPS register, Kozina kept a portion of the cash for his own purposes. The defendant then falsified USPS records to make it appear that customers purchased money orders in an amount which was significantly less than what was actually paid. As a result, losses to the USPS totaled $13,760.75. In addition, Kozina also stole $13,585 in post office box rental payments between January 1, 2009 and July 31, 2012.
“As the past public corruption cases brought by this Office demonstrate, no person is above the law,” said U.S. Attorney Hochul. “As head of a Post Office branch, this defendant served in a position of trust to both the Government and the public. This Office will not permit a representative or employee of any level of Government to misuse their position for personal gain.”
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 will be scheduled before Chief U.S. District Court Judge William M. Skretny.Buffalo Man on Drug Tracfficking and Firearms ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Harold Howard, 42, of Buffalo, N.Y., who was convicted after a jury trial of conspiracy to distribute cocaine, possession with intent to distribute cocaine, possession of firearms in furtherance of drug trafficking crimes, possession of firearms and ammunition while being a convicted felon, and unlawful possession of a machine gun, was sentenced to 35 years in prison.
Assistant U.S. Attorneys Melissa M. Marangola and George C. Burgasser, who handled the prosecution of the case, stated that the defendant was arrested following a long term investigation by the Erie County Sheriff's Department. In November 2011, during the execution of a search warrant at 93 Elmer St. in Buffalo, law enforcement officers found three kilograms of cocaine and three loaded firearms in Howard's vehicle.The Government presented evidence at trial that Howard transported cocaine between Atlanta, Georgia and Buffalo between 2008 and November 2011. In November 2008, the defendant was stopped in Atlanta with $104,000 and a loaded firearm. In November 2009, Howard was arrested by Buffalo Police after being stopped with cocaine and a loaded firearm. As a result, the defendant is currently serving a state sentence for possession of a firearm.
The sentencing is the result of an investigation on the part of the Erie County Sheriff's department, under the direction of Sheriff Timothy B. Howard, and the New York State Police, under the direction of Major Michael Cerretto, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Frank Christiano, and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.
"This case is another example of the continued and successful cooperation between our Office and law enforcement partners at all levels," said U.S. Attorney Hochul. "As the sentence in this case indicates, defendants who fill the streets of our community with illegal narcotics and illegal firearms can potentially spend the rest of their natural lives behind bars."Buffalo Woman Pleads Guilty to Money Laundering ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Danielle Barton, 31, of Buffalo, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio to money laundering conspiracy. The charge carries a maximum penalty of 20 years in prison, a $500,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between June 2008 through July 2010, Barton conspired with others to deposit the proceeds from the drug trafficking activities of Will Johnson and others into her bank account. The defendant deposited the cash to conceal and disguise the source and ownership of those funds.
Barton was arrested along with 22 others. A total of 18 defendants have been convicted. Will Johnson pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, kilograms of cocaine, and money laundering conspiracy. He will be sentenced on July 29, 2013.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, 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.
Rochester Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced that Joseph Schmidt, 31, of Rochester, N.Y., who was convicted of conspiracy to distribute 700 to 1,000 kilograms of marijuana, was sentenced to 97 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that the defendant and six co-defendants were arrested in January 2013. Schmidt the other defendants distributed significant quantities of marijuana which was obtained from various sources, including the Akwesasne Mohawk Indian Reservation in the Northern District of New York. The defendant also maintained sophisticated indoor marijuana grow operations at 48 Crystal Valley Overlook, in Henrietta, N.Y., and 598 Culver Parkway, in Rochester, both of which were searched by police in July 2011. Schmidt will forfeit the Henrietta home, as well as cash proceeds and nine firearms. Schmidt is the first defendant to be sentenced for his role in the drug conspiracy.
The sentencing is the culmination of an investigation on the part of special agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and investigators with the Rochester Police Department, under the direction of Chief James Shepard, along with members of the Greater Rochester Area Narcotics Enforcement Team (GRANET), under the direction of Lt. Gerald Smith of the Rochester Police Department.Dominican National Sentenced for Cocaine TraffickingRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jose Nunez-Donastor, a/k/a Jesus Perez, a/k/a Rafael Torres Rivera, a/k/a Guineo, a/k/a Gineo, 33, who was convicted of conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine, was sentenced to 108 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Nunez-Donastor and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine and crack cocaine throughout the Rochester area, transported by vehicle from Pennsylvania. This investigation involved court-authorized wire taps and resulted in the federal arrest of 10 defendants between May and October 2012. To date, all the defendants have been convicted. Nunez-Donastor is an illegal alien who will likely be deported to the Dominican Republic after he serves his prison sentence.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Scott Heagney, Investigators of the Rochester Police Department, under the direction of Chief James Sheppard, and the Monroe County District Attorney's Office, under the direction of Sandra Doorly.Canadian Man Pleads Guilty to Conspiracy to Import EcstasyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Richard Dixon, 35, of Toronto, Ontario, pleaded guilty before U.S. District Richard J. Arcara to conspiracy to import Ecstasy pills containing 3,4-Methylenedioxypyrovalerone, commonly referred to as “Bath Salts,” and N-Benzylpiperazine [BZP] into the United States from Canada. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on September 17, 2012, Dixon was observed by Customs and Border Protection officers wandering around the CBP administration building at the Lewiston Bridge Port of Entry in Lewiston, N.Y. toward the I-190 Northbound. During the subsequent investigation, law enforcement officers found seven duct-taped bundles wrapped in clothing which contained approximately 34,000 Ecstasy pills. The pills, which were found inside a bag belonging to the defendant, were destined for the Atlanta, Georgia area.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction Special Agent in Charge James C. Spero and Customs and Border Protection, under the direction of James Engleman, Director of Field Operations.
Sentencing is scheduled for October 28, 2013 at 1:00 p.m. before Judge Arcara.Buffalo Man Pleads Guilty to Food Stamp FraudRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tofeek Albanna, 36, Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to food stamp fraud. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that the defendant conducted illegal electronic food stamp transactions at his store, LA Fashion, in Lackawanna, N.Y. Albanna exchanged food stamp benefits for cash. The defendant also permitted the purchase of prohibited items in exchange for food stamp benefits. Over the course of a 16 month period, Albanna obtained approximately $73,400 in fraudulent food stamp benefits from the U.S. Department of Agriculture.
Sentencing is scheduled for October 19, 2013, at 1:30 p.m. before Judge Arcara.
The plea was the culmination of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General; Special Agents of the Federal Bureau of Investigation under the direction of Acting Special Agent in Charge Richard M. Frankel; 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.Canadian Man Pleads Guilty to Access Device FraudRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Taylor Vaughn Oliver, 28, a Canadian resident, pleaded guilty before Chief U.S. District Judge William M. Skretny, to access device fraud. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant made $18,000 worth of purchases using fraudulent credit cards, mostly gift cards. Surveillance videos from many of the stores identified Oliver as the person using the fraudulent cards. The defendant was in the United States during three weekends when the purchases were made in Ohio, Pennsylvania, and New York. Law enforcement officers recovered approximately $10,000 in goods purchased with the fraudulently obtained gift cards from a storage unit.
The plea is the culmination of an investigation on the part of Special Agents of Immigration & Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Sentencing is scheduled for October 17, 2013, at 9:00 a.m. before Chief Judge William M. Skretny.
Buffalo Man Convicted Following Jury Trial of Gun and Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tyrone Nance, 32, of Buffalo, N.Y., was convicted following a jury trial of being a felon in possession of a firearm and possession of marijuana. The charges carry a maximum sentence of 10 years in prison, a $250,000 fine or both.
Assistant U.S. Attorneys Frank T. Pimentel and Mary Catherine Baumgarten, who handled the trial, stated that in November 2011, federal probation officers conducted a search of the defendant’s residence and car on Timon Avenue in Buffalo. Nance was on supervised release as a result of a 2009 conviction for conspiracy to distribute marijuana. During the search, officers recovered a shotgun hidden under the hood of the defendant’s car. They also recovered a quantity of marijuana from the freezer in the defendant’s residence. DNA analysis performed by the Erie County Forensics Laboratory tied the shotgun to the defendant.
The verdict is the culmination of an investigation on the part of the United States Probation Department, under the direction of Anthony SanGiacomo, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.
Sentencing is scheduled for November 4, 2013 at 9:00 a.m. before Chief U.S. District Judge William M. Skretny who presided over the trial.Blasdell Man Sentenced for Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jeremy Marsillo, 30, of Blasdell, N.Y., who was convicted of possession of child pornography, was sentenced to 24 months in prison and five years of supervised release by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on May 19, 2012, the Hamburg Police Department received a report that the defendant left behind a SIM card at a residence he had been staying at. The report also indicated that the SIM card contained images of child pornography. In addition to the SIM card, Marsillo also had an electronic tablet also containing child pornography. A forensic analysis of the SIM card and the tablet uncovered approximately 100 images of child pornography stored on the SIM card, and an additional 174 images of child pornography stored on the tablet. The defendant obtained these images over the internet. Certain images contained depictions of violence against children.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent-In-Charge; and the Town of Hamburg Police Department, under the direction of Chief Michael Williams.
Tennessee Man Pleads Guilty to Identity TheftRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Omoruyi Ogbeide, of Knoxville, Tennessee, pleaded guilty before U.S. District Judge Richard J. Arcara, to aggravated identity theft. The charge carries a mandatory penalty of two years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant was arrested by Amherst Police in May 2012 for patronizing a prostitute and was found to be in possession of multiple credit cards in the names of unknown individuals. Ogbeide's hotel room was later searched and law enforcement officers found additional fraudulent credit cards and credit-card making equipment. They also found a computer containing stolen identifying information, such as names, dates of birth, and social security numbers of numerous different individuals. The defendant used the information to produce fraudulent credit cards.
The plea was the culmination of an investigation on the part of Special Agents of the U.S. Secret Service, under the direction of Special Agent in charge Tracy Gast and the Amherst Police Department, under the direction of Chief Chief John Askey.
Sentencing is scheduled for November 20, 2013, at 12:30 p.m. before Judge Arcara.
Drug Kingpin Convicted of Operating a Criminal Enterprise; Brings to Six the Total Number of Defendants ConvictedRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mohamed Taher, 34, of Lackawanna, N.Y., was convicted following a jury trial of operating a continuing criminal enterprise, conspiracy to import marijuana into the United States, conspiracy to possess with intent to distribute marijuana, false statements and aggravated identity theft. The charges carry a mandatory minimum sentence of 22 years in prison and a maximum of life.
Defendants Abdulfatah Mosed, Salah Mohamed Ahmed, Basheer Saleh, Yasin Abdulla and Bradley Parry were previously convicted of conspiracy to possess with intent to distribute marijuana and are awaiting sentencing.
Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti, who handled the trial, stated that between late 2005 and May of 2007, Taher operated a criminal enterprise that employed five or more individuals. The enterprise imported marijuana into the United States from Canada, and then distributed the marijuana to customers in Detroit, Chicago and Buffalo. In furtherance of the defendant’s enterprise, Taher utilized fraudulent identifications to enter into Canada to meet with his associates and his marijuana supplier. In doing so, Taher made false statements to Customs and Border Protection Officers when he claimed to be another individual when he was encountered at the U.S.-Canada border.
“Today’s verdict, combined with previous convictions obtained in this case, remove the ring leader and members of a criminal enterprise and illegal drugs from the streets of our community,” said U.S. Attorney Hochul. “Because these defendants can no longer harm our neighborhood, today is truly a good day for the residents of this community.”
Taher was convicted of the charges following a four week jury trial before Chief U.S. District Judge William M. Skretny. Defendant Kaleel Albanna was acquitted of similar charges.
The verdict is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Customs and Border Protection, under the direction James Engleman, Director of Field Operations, the New York State Police, under the direction of Major Michael Cerretto, the Michigan State Police and the Willoughby Hills, Ohio Police Department.
Sentencing is scheduled for October 24, 2013 at 9:00 a.m. before Judge Skretny.Two Rochester Men Indicted in Sex Trafficking CaseRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Richard Bailey, 54, of Rochester, N.Y., pleaded guilty to distributing and receiving child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a mandatory minimum penalty of five year in prison, a maximum of 20 years, a $250,000 fine, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Bailey used a computer and peer-to-peer software to obtain and distribute images of child pornography which included violence against children. Some of the images involved prepubescent minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.
Sentencing is scheduled for October 11, 2013, at 3:30 p.m. before Judge Siragusa.Rochester Man Sentenced on Gun ChargeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul Jr. announced today that Johnny L. Wynn, II, 31, of Rochester, N.Y., who was convicted of possession of a sawed off shotgun, was sentenced to 70 months in prison by U.S. District Judge Charles J. Siragusa.
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, Resident Agent in Charge and the Rochester Police Department, under the direction of James Sheppard
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Wynn, a convicted felon, possessed a 12 gauge, Revelation Model 312 bolt action shot gun. During an undercover investigation into the illegal trafficking of firearms, an undercover law enforcement officer purchased the shotgun along with a 9mm rifle from Wynn for $1,000.00 in cash. The sale occurred on April 16, 2009, inside of a vehicle outside the defendant’s residence on Cutler Street in Rochester.Final Dedendent Pleads Guity in Family Drug Conspiracy which Sought to Cntrol Two City StreetRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Leo Mellerson pleaded guilty to conspiracy to distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine or both. Mellerson was one of nine defendants originally charged by federal prosecutors as part of a family run drug operation that sought to control narcotics activities on two City of Buffalo Streets. All defendants have now been convicted and are in jail awaiting sentencing.
"Today's conviction means more than the end of the Theresa Anderson drug trafficking organization,” said U.S. Attorney Hochul. "To the residents and businesses living and operating on the East Side of Buffalo, today’s development represents a chance to reclaim their neighborhood, restores their rights to live in peace and safety, and constitutes yet another success story in our continuing battle against crime in the City.”Assistant U.S. Attorney Melissa Marangola, who handled the case for the Government, stated that between 2000 and February 2012, the defendant was one of nine defendants who participated in a drug trafficking organization the members of which were all related to one other. The leader of the organization was Theresa Anderson, a grandmother who utilized her children and grandchildren, as well as their spouses and boyfriends, for the group’s narcotics trafficking activities.
The organization sought to control all drug sales occurring on Swinburne and Deshler Streets, Buffalo. In order to achieve a monopoly, Anderson threatened and intimidated rival narcotics traffickers, and purchased multiple houses in the area which were then used for the selling and storing of the illegal narcotics.
In February, 2012, Theresa Anderson, along with Mellerson, Dion Anderson, Melvin Calhoun, Toshia Hodge, Anquensha Hodge, Steven Butler, Wymiko Anderson, and Tajia Anderson were all arrested in a joint operation conducted by federal, State, and City police agencies. Multiple properties were also seized, along with more than $52,000 in U.S. Currency. All defendants were convicted via guilty pleas occurring over the past several weeks.
DEA Special Agent in Charge Brian R. Crowell stated, "The Anderson drug trafficking organization was a family run business responsible for spreading fear, intimidation and crack cocaine throughout the Buffalo area. Due to state, local and federal law enforcement partnership, Theresa Anderson, the matriarch of the drug distribution organization, has pled guilty marking the end of their threat to public safety."
As a result of her conviction, and in addition to facing a substantial term of imprisonment, Anderson will forfeit to the Government a total of 10 properties including houses on Deshler St., Empire St., Hutchinson Ave., and Swinburne St.. As it has done in several recent instances, the United States Attorney's Office will consider providing these properties to local not-for-profit organizations and community groups if such groups qualify under federal regulation. Any organization interested in potentially acquiring a forfeited property should contact the U.S. Attorney's Office at 716-843-5700.
U.S. Attorney Hochul concluded, “This case was somewhat unusual in that the criminal organization was controlled by a woman and grandmother who clearly knew better than to engage in activities which hurt so many. Thanks to both the convictions and the seizures of her properties, Anderson and her convicted family members will no longer have any effect upon our remaining community of good neighbors.”
The convictions are the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the New York State Police, under the direction of Major Michael Cerretto.Mellerson will be sentenced on October 24, 2013 at 12:00 p.m. before Judge Arcara.
Dominican Replublic Native Sentenced on Heroin Distribution ChargesRead the Press Release
Buffalo, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Elvis Espinosa, 46, of Buffalo, N.Y., who was convicted of conspiracy to distribute heroin, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara. In addition, the defendant was ordered deported to the Dominican Republic after his sentence is completed.
Assistant U.S. Attorney Mary Clare Kane, who handled the case, stated that the defendant was arrested in August 2009 for his involvement in obtaining heroin from suppliers in New York City for re-distribution in Buffalo. Police made undercover drug purchases from Espinosa and his associates which led to the wiretapping of Espinosa’s cell phone conversations.
Espinosa was arrested along with eight others. All nine defendants have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Region; and Special Agents of the New York State Police, under the direction of Joseph A. D'Amico, Superintendent.
Two Rochester Men Indicted in Sex Trafficking CaseRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a two count indictment charging Daniel Tanck, 31, and Robert Palermo, 29, both of Rochester, N.Y., with conspiracy to commit sex trafficking of a minor and sex trafficking of a minor. Conspiracy to commit sex trafficking of a minor carries a mandatory penalty of life in prison and a fine of $250,000. Sex trafficking of a minor carries a mandatory minimum penalty of 10 years in prison and a maximum penalty of life and a $250,000 fine.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the criminal complaint, a fourteen year old victim reported that Tanck and Palermo placed an ad on Backpage.com for her to engage in prostitution activities. According to the victim, the defendants took pictures of her for the Backpage.com ad at their residence on Emerson Street in Rochester. Tanck and Palermo then posted the advertisement using Tanck’s computer. The victim alleged that both Tanck and Palermo knew that she was fourteen years of age.
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief James Sheppard, and Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced for Stealing Interstate Shipment from RailcarRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Timothy M. Stone, 34, of Rochester, N.Y., who was convicted of conspiracy to commit burglary of a railcar, burglary of a railcar, and theft of an interstate shipment following a jury trial, was sentenced to 12 months and ordered to pay $3,069.28 in restitution by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on June 30, 2009, Stone, along with co-conspirators Richard E. Riedman, Anthony Russell and Anthony Toscano, stole more than 17 gross tons of a high-grade scrap steel from a railcar at a CSXT rail yard in Batavia, N.Y. Stone 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.
Stone and his co-conspirators were apprehended by members of the Genesee County Sheriff's Office in the logging truck and a pick-up truck as they left the scene of the theft in the early morning hours of June 30, 2009. The bales were in the process of being shipped to a steel mill in Pennsylvania when Stone and the other defendants stole them. Stone, Riedman, Russell, and Toscano were convicted after a two-week jury trial before Judge Siragusa in September 2012.
Toscano was sentenced to 18 months in prison. Russell will be sentenced on August 16, 2013 and Riedman on September 16, 2013.
The conviction was 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 Richard M. Frankel, and the Genesee County Sheriff's Office, under the direction of Gary Maha.Rochester Man Sentenced for Role in Jail EscapeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Eddie R. Palmer, 37, of Rochester, N.Y., who was convicted of aiding escape, was sentenced to time served (approximately 15 months) by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Jennifer M. Noto, who handled the case, stated that the defendant Palmer and Joseph Mitchell escaped from the Monroe County Jail on March 31, 2011. Palmer served as a "look-out" to warn if guards were approaching while Mitchell sawed the bars on windows inside the jail. The defendant also helped Mitchell break the outside jail window through which the two ultimately escaped. Palmer and Mitchell were then picked up by Lakesia Binion and transported to an area near Sodus, N.Y. where Mathias Smith helped them hide. The two defendants were apprehended approximately a week later on April 8, 2011, inside a camping trailer located on a residential property.
Palmer is the last defendant to be sentenced in this case. Mitchell was sentenced to 25 years in prison for his role in the escape and drug trafficking conspiracy. Binion was sentenced to three years of supervised release for her role in the escape and Smith received a sentence of two years probation.
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, officers of the Rochester Police Department, under the direction of Chief James Sheppard, the U.S. Marshals Service, under the direction of Marshal Charles Salina and investigators of the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn.Four Defendants Plead Guilty to Drug Conspiracy ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that
Dion Anderson, Melvin Calhoun, Toshia Hodge, and Anquensha Hodge, all of Buffalo, pleaded guilty to conspiracy to distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine or both.Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that between 2000 and February 2012, the defendants participated in a family run drug trafficking organization headed by family matriarch and grandmother Theresa Anderson. The organization controlled drug sales on Swinburne and Deshler Streets in the City of Buffalo. The defendants sold crack cocaine on a daily basis in the neighborhood. In order to monopolize narcotics sales in the area, Theresa Anderson, who pleaded guilty on July 2, 2013, threatened and intimidated rival narcotics traffickers and even purchased several homes in the area which were used for selling and storing the illegal narcotics.
The defendants and Anderson were arrested in February 2012 along with Steven Butler, Wymiko Anderson, Tajia Anderson, and Leo Mellerson. Five of these are either children or grandchildren of Anderson. A sixth defendant is Anderson's husband and the two others are boyfriends of Andersons' daughters. Today's guilty pleas bring the total number of defendants convicted to eight. Charges against Leo Mellerson are still pending.
The pleas are the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the New York State Police, under the direction of Major Michael Cerretto.Dion Anderson will be sentenced on October 21, 2013; Melvin Calhoun on October 22, 2013; Anquensha Hodge will be sentenced on October 23, 2013; and Toshia Hodge will be sentenced on October 24, all before Judge Arcara.
10th Street Gang Member Sentenced on RICO ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Saul Santana, 26, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO) Conspiracy, was sentenced by U.S. District Judge Richard J. Arcara to 324 months in prison.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was a member of the 10th Street Gang, a criminal enterprise engaged in racketeering activity in Western New York. As part of his involvement in the 10th Street Gang, Santana shot and killed rival gang member Anthony Colon on June 26, 2009 in broad daylight. In addition, the defendant conspired to distribute cocaine, cocaine base, marijuana, and other controlled substances on the West Side of Buffalo as part of the affairs of the 10th Street Gang. Santana also possessed various firearms and guarded 10th Street territory and routinely resorted to violence to ensure that no rival gang members or narcotics dealers encroached upon their territory.
"This significant sentence should send a strong message to other groups or individuals that committing violence will not be tolerated," said U.S. Attorney Hochul. "Our Office will continue to work closely with our law enforcement partners to bring to justice those who attempt to hold our community hostage with such acts or through trafficking illegal narcotics."
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent in Charge, the New York State Police, under the direction of Major Michael Cerretto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Two Buffalo Women Charged in Tax SchemeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Keianna A. Jones, 27, and Dominique N. Taylor, 27, both of Buffalo, N.Y., with conspiracy to defraud the government with respect to claims and assisting in the preparation of false income tax returns. The conspiracy charge carries a maximum sentence of 10 years in prison and a $250,000 fine and the false income tax return charge carries a maximum sentence of three years in prison and a $100,000 fine.
Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that according to the indictment, the defendants obtained blank W-2 forms from local businesses and prepared false W-2 forms. Jones and Taylor then assisted others in filing false returns using the fraudulent W-2s. This resulted in numerous individuals receiving income tax refunds to which they were not entitled.
The indictment is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of New York Field Office Special Agent- in-Charge Toni M. Weirauch.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Convicted Killer of John Granville Designated a Terrorist; Assets FrozenRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that the U.S. State Department has designated Abd Al-Ra’Ouf Abu Zaid Mohamed Hamza under Executive Order 13224, which targets terrorists and those providing support to terrorists or acts of terrorism. What this means is that all property subject to U.S. jurisdiction in which Hamza has any interest is blocked and any assets he may have under U.S. jurisdiction are frozen. U.S. persons are generally prohibited from engaging in transactions with him.
Hamza and three co-conspirators participated in an armed attack in Khartoum, Sudan on January 1, 2008 which led to the death of U.S. Diplomat John Granville. The Buffalo native was working on democracy and governance programs while serving with the U.S. Agency for International Development (USAID). A U.S. Embassy staff member was also killed in the attack.
Hamza and the three co-conspirators were convicted of murder and sentenced to death in a Sudanese criminal court in 2009. In 2010, the four men escaped from a maximum security prison, killing a Sudanese police officer and wounding another in the process. Shortly thereafter, Hamza was recaptured and is currently in prison in Khartoum.
"As the Office that is leading the criminal investigation into this terrible crime, this is certainly welcome news," said U.S. Attorney Hochul. "This action puts the world on notice that anyone aiding this individual will, along with the defendant, eventually be brought to justice."Buffalo Man Sentenced on Child Pornography ChargesRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Jeremy Otrosinka, 32, of Buffalo, N.Y., who was convicted of possession and distribution of child pornography, was sentenced to 180 months in prison by U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Edward H. White and John E. Rogowski, who handled the case, stated that the defendant created and administered a website that was a password protected bulletin board dedicated to the discussion and sharing of child pornography. On this site, members would post links to images and videos of child pornography and post private message discussions regarding child pornography. Otrosinka also sent and received emails that attached images and a video of child pornography. During online conversations, the defendant encouraged another individual to record sexual acts with this individual’s own child.
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, Richard M. Frankel.
“What makes this case particularly egregious is that the defendant maintained a website where like minded child predators could go,” said U.S. Attorney Hochul. “Our Office will continue to pursue child predators wherever they may be including the virtual world or real world.”
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.Jail Escapee's Brothers Sentenced on Drug Conspiracy ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jamar Mitchell, 27 and Jerrod Mitchell, 24, both of Rochester, N.Y., who were convicted of conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base, were sentenced to 125 months and 70 months respectively by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that the defendants participated in a drug trafficking conspiracy along with their older brother Joseph Mitchell, who escaped from the Monroe County Jail after his arrest on drug trafficking charges. Joseph Mitchell was convicted of drug conspiracy, possession of a firearm in furtherance of drug trafficking, money laundering conspiracy and escape and was sentenced to 25 years in prison by Judge Geraci on June 26, 2013.
From 2008 until March 2011, Joseph, Jemar and Jerrod Mitchell were responsible for the large scale distribution of significant quantities of cocaine and cocaine base in the Rochester and Elmira, N.Y. During the execution of search warrants in connection with the arrest of Joseph and Jamar Mitchell, law enforcement seized large amounts of cash, jewelry, and two firearms. One of the handguns and over $500,000 in cash was secreted in a hidden trap in the base of a fish tank located at the Mitchell family residence.
After Joseph Mitchell's arrest on the drug and gun charges, he orchestrated an elaborate jail escape, which involved multiple individuals, and the smuggling of contraband into the Monroe County Jail. Specifically, Mitchell arranged for a cellular telephone and saw blades, which were secreted inside the binding of a bible, to be smuggled into the jail. Mitchell utilized the saw blades to cut the jail bars on the window of his cell and ultimately escaped with another inmate, Eddie Palmer, by breaking the exterior window and jumping to the ground. Several individuals who assisted Mitchell in his escape were also convicted including Eddie Palmer, Lakesia Binion, and Mathias Smith.
In sentencing Jerrod and Jamar Mitchell Judge Geraci acknowledged Joseph Mitchell's larger role in the drug conspiracy, but noted Jerrod and Jamar Mitchell's participation in the narcotics conspiracy and stated that their cocaine distribution was "like distributing poison into the community."
"This case is another example which shows the success that is made possible by law enforcement at all levels, including federal, state and local, working together to rid the community of dangerous felons," said U.S. Attorney Hochul.
The sentencings are the culmination of an investigation on the part of Special Agents of the Drug Enforcement Agency, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, officers of the Rochester Police Department, under the direction of Chief James Sheppard, The United States Marshals Service, under the direction of US Marshal Charles Salina and investigators of the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn.
Former Sutherland Global Services Employees Plead Guilty to Mail FraudRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Brian Wergin, 31, and Bohdan “Don” Luzecky, 45, both of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, to mail fraud. The charge carries a maximum penalty of 20 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 defendants 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, Atlanta, GA, the defendants sold the software online, including through eBay.com, to customers throughout the United States. Wergin and Luzecky then kept the proceeds for themselves, knowing that they were not authorized to obtain or sell the software.
Sentencing is scheduled for October 2, 2013, 3:00 p.m. before Judge Geraci.
The pleas are 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 Richard M. Frankel.Fifty-five hospitals to pay u.S. more than $34 million to resolve false claims act allegations related to kyphoplastyRead the Press Release
BUFFALO – U.S. Attorney William J. Hochul, Jr. announced today that 55 hospitals located throughout 21 states have agreed to pay the United States a total of more than $34,000,000 to settle allegations that the health care facilities submitted false claims to Medicare for kyphoplasty procedures. Kyphoplasty is a minimally-invasive procedure used to treat certain spinal fractures that often are due to osteoporosis.
In many cases, kyphoplasty can be performed safely and effectively as an outpatient procedure without any need for a more costly hospital admission. The settlements announced today resolve allegations that the settling hospitals frequently billed Medicare for kyphoplasty procedures on a more costly inpatient basis, rather than an outpatient basis, in order to increase their Medicare billings.
“This office will continue to ensure that sound medical decisions determine the ultimate treatment of a patient, not the financial interests of hospitals,” said U.S. Attorney William J. Hochul, Western District of New York. “We will not stand by and allow hospitals to inflate their profits based on unnecessary hospital admissions at the expense of the Medicare program or any other federal program. The settlements announced today will help maintain the integrity of this important program and all government-funded programs.”
The settling facilities, and the amounts they have agreed to pay, include the following:
Atrium Medical Center, Middletown, OH, has agreed to pay $4,232,992.50.Altru Health System, Grand Forks, ND, has agreed to pay $1,492,690.
Cedars Sinai Medical Center, Los Angeles, CA, has agreed to pay $1,485,846.
Des Peres Hospital, St. Louis, MO, has agreed to pay $900,000.
Mount Sinai Medical Center, Miami, FL, has agreed to pay $1,846,194.00.
New England Baptist Hospital, Boston, MA, has agreed to pay $374,814.48.
St. Anne’s Hospital, Fall River, MA, has agreed to pay $552,745.
The Queen’s Medical Center, Honolulu, HI, has agreed to pay $1,055,249.57.
Trover Health System, Madisonville, KY, has agreed to pay $1,162,837.
Wayne Memorial Hospital, Goldsboro, NC, has agreed to pay $1,250,000.
Twenty-three hospitals affiliated with HCA Inc., Nashville, TN, have agreed to pay a total of $7,145,842.72. These include: Aventura Hospital & Medical Center (Aventura, FL); Capital Regional Medical Center (Tallahassee, FL); Coliseum Medical Center (Macon, GA); Coliseum Northside Hospital (Macon, GA); Conroe Regional Medical Center (Conroe, TX); Denton Regional Medical Center (Denton, TX); Doctors Hospital of Sarasota (Sarasota, FL); Edmond Regional Medical Center (Edmond, OK); Fawcett Memorial Hospital (Port Charlotte, FL); Fort Walton Beach Medical Center (Fort Walton Beach, FL); Garden Park Medical Center (Gulf Port, MS); JFK Medical Center (Atlantis, FL); Los Robles Regional Medical Center (Thousand Oaks, CA); North Florida Regional Medical Center (Gainesville, FL); Northlake Medical Center (Tucker, GA); Oklahoma University Medical Center (Oklahoma City, OK); Palmyra Medical Center (Albany, GA); Redmond Regional Medical Center (Rome, GA); Southwest Florida Regional Medical Center (Fort Myers, FL); St. Lucie Medical Center (Port Saint Lucie, FL); Summit Medical Center (Hermitage, TN); Sunrise Hospital & Medical Center (Las Vegas, NV); and Wesley Medical Center (Wichita, KS).
Six hospitals affiliated with Lifepoint Hospitals, Inc., Brentwood, TN, have agreed to pay a total of $2,522,502.69. These include: Andalusia Regional Hospital (Andalusia, AL); Jackson Purchase Medical Center (Mayfield, KY); Lake Cumberland Regional Hospital (Somerset, KY); Minden Medical Center (Minden, LA); Russellville Hospital (Russellville, AL); and Western Plains Medical Complex (Dodge City, KS).
Five hospitals affiliated with Trinity Health, Livonia, MI, have agreed to pay a total of $3,910,017.53. These include: Mercy Medical Center – Dubuque (Dubuque, IA); Mercy Medical Center - Sioux City (Sioux City, IA); St. Joseph Mercy Hospital (Pontiac, MI); Mercy Health Partners (Muskegon, MI); and Mount Carmel New Albany Surgical Hospital (New Albany, OH).
Four hospitals affiliated with Morton Plant Mease BayCare Health System, Clearwater, FL, have agreed to pay a total of $2,378,325.45. These include: Morton Plant Hospital (Clearwater, FL); Morton Plant North Bay Hospital (New Port Richey, FL); Mease Dunedin Hospital (Dunedin, FL); and Mease Countryside Hospital (Safety Harbor, FL).
Three hospitals affiliated with Baptist Memorial Health Care Corporation, Memphis, TN, have agreed to pay a total of $691,168. These include: Baptist Memorial Hospital-Golden Triangle (North Columbus, MS); Baptist Memorial Hospital-Collierville (Collierville, TN); and Baptist Memorial Hospital-Memphis (Memphis, TN).
Two hospitals affiliated with Covenant Health, Knoxville, TN, have agreed to pay a total of $1,845,641.74. These include Parkwest Medical Center (Knoxville, TN) and Methodist Medical Center of Oak Ridge (Oak Ridge, TN).
Two Hospitals affiliated with Bayhealth Medical Center, Newark, DE, have agreed to pay a total of $1,115,306.37. These include Bayhealth Kent General Hospital (Dover, DE) and Bayhealth Milford Memorial Hospital (Milford, DE).
The Justice Department has now reached settlements with more than 100 hospitals totaling approximately $75 million to resolve allegations that they mischarged Medicare for kyphoplasty procedures. In addition to today’s settlement, the government previously settled with Medtronic Spine LLC, the corporate successor to Kyphon Inc., for $75 million to settle allegations that the company defrauded Medicare by counseling hospital providers to perform kyphoplasty procedures as inpatient rather than outpatient procedures.
All but four of the settling facilities announced today were named as defendants in a qui tam, or whistle blower, lawsuit brought under the False Claims Act, which permits private citizens to bring lawsuits on behalf of the United States and receive a portion of the proceeds of any settlement or judgment awarded against a defendant. The lawsuit was filed in federal district court in Buffalo, N.Y., by Craig Patrick and Charles Bates. Patrick is a former reimbursement manager for Kyphon, and Bates was formerly a regional sales manager for Kyphon in Birmingham, Ala. The whistle blowers will receive a total of approximately $5.5 million from the settlements announced today.
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.7 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14.7 billion.
The settlements were the result of a coordinated effort among the U.S. Attorney’s Office for the Western District of New York, the Commercial Litigation Branch of the Justice Department’s Civil Division, and the Department of Health and Human Services’ Office of Inspector General and Office of Counsel to the Inspector General.
The claims resolved by these settlements are allegations only, and there has been no determination of liability.Mexican Man Charged with "Ticket Switch" Fraud at Home DepotRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a two-count indictment charging Luis Alcalar Vasquez, 36, a citizen of Mexico, with possessing false identification documents and unauthorized access devices. The charges carry a maximum penalty of five years in prison terms and a $250,000 fine.
Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that according to the indictment and a criminal complaint filed in April 2013, the defendant obtained high-end merchandise at various Home Depot stores in Illinois, Indiana, Ohio and New York by scanning bar codes for lower ticketed items at self check-out stations. Vasquez scanned the bar codes for the lower cost items but took the more expensive items out of the stores. For example, the defendant scanned the bar code for a sink priced at $59.95 but actually left the store with a sink costing $444.79. Vazquez then returned the higher ticketed merchandise to another Home Depot location in exchange for stored value cards.
By early March, 2013, Home Depot became aware that the “ticket-switch” and refund transactions were being executed at stores in Western New York. On March 7, 2013, at stores in West Seneca, Buffalo, and Cheektowaga, sinks costing $444.79 were exchanged for stored value cards in that amount.Later on March 7, at Home Depot’s store in Lockport, the defendant tried to use a California driver’s license bearing his picture but a different name, in order to return merchandise valued at $700.55. However, Home Depot personnel stopped the transaction and called Niagara County Sheriff’s Office deputies to the Lockport store, where they took the defendant into custody. Niagara County Sheriff’s Office investigators found Vasquez had 20 false California drivers licenses in three different names but all bearing the defendant’s picture, and 17 Home Depot stored value cards worth approximately $5,910. Two cell phones with bar codes taped to their backs were found on the defendant.
The losses to Home Depot as a result of the fraud exceeded $30,000.
The indictment is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Niagara County Sheriff’s Office, under the direction of James Votour.
The fact that a defendant has been charge with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Buffalo Man Sentenced for Drug TraffickingRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that David Long, 32, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to eight years in prison and four years supervised release by U.S. District Judge Richard J. Arcara.
Assistant United States Attorney Mary Clare Kane, who handled the case, stated that the defendant was intercepted over New York State wiretaps, on numerous occasions, arranging to acquire and purchase cocaine from Wallace Peace and other defendants. Search warrants executed during the investigation resulted in the seizure of 17 firearms, more than five kilograms of cocaine powder and in excess of 200 grams of crack cocaine.
Long was arrested along with 30 other defendants in July 2008. To date, 25 have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Region; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Francis J. Christiano, Resident Agent in Charge; and Special Agents of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.10th Street Gang Member Sentenced on RICO ChargeRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Hernandez, 24, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO) Conspiracy, was sentenced to 57 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that from 2000 to 2010, the defendant was a member of the 10th Street Gang, a criminal enterprise engaged in racketeering activity. As a part of his involvement in the 10th Street Gang, Hernandez arranged the sale of a .38 caliber handgun and an AR-15 semi-automatic rifle between 10th Street Gang members. In addition, along with other members and associates of the gang, Hernandez conspired to distribute cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo, New York as a part of the affairs of the 10th Street Gang.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent in Charge, the New York State Police, under the direction of Major Michael Cerretto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Hamburg Woman Pleads Guilty to Conspiracy to Defraud the GovernmentRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Sheri L. Becirovic, 47, of Hamburg, N.Y., pleaded guilty before U.S. Magistrate Court Judge H. Kenneth Schroeder, Jr., to conspiracy to defraud the government. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant obtained the social security numbers of seven family members and friends. Becirovic provided those numbers, in addition to her own social security number, to a co-conspirator, Clifton Jackson, who used them to file fraudulent tax returns for the tax year 2011. The conspiracy resulted in a loss to the Internal Revenue Service of $60,961.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch, and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.
A sentencing date has not been scheduled.Buffalo Men Plead Guilty to Concaine ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Smerka, 56, James Simmons, 38, and Timothy Borkowski, 46, all of Buffalo, New York, pleaded guilty to cocaine trafficking before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine or both.
According to Assistant U.S. Attorney Michael L. McCabe, who is handling the case, the defendants purchased cocaine at an auto shop on Broadway Street in Sloan. The men then sold the cocaine to a network of customers in the Buffalo and Cheektowaga areas.
The guilty pleas follow a lengthy investigation into drug-trafficking in Cheektowaga and Buffalo's East Side which resulted in the arrests of ten defendants in June 2011. To date, seven defendants have been convicted.
"This is second significant criminal organization convicted in two days," said U.S. Attorney Hochul. "One tried to take over a business, the other a neighborhood. In both cases, law enforcement working with the community removed the threat. Our Office will continue to work with our law enforcement partners to pursue such organizations."
The pleas are the culmination of an investigation by the Federal Bureau of Investigation's Safe Streets Task Force, under the direction of Acting Special Agent in Charge Richard M. Frankel, and the Cheektowaga Police Department, under the direction of Chief David Zack.Tonawanda Man Sentenced in Child Pornography CaseRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Rosan J. Mack, 39, of Tonawanda, N.Y., who was convicted of possession of child pornography, was sentenced to 10 years in prison U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that Mack's roommate delivered a DVD containing a video of child pornography to the Tonawanda Police along with a note identifying the defendant. After receiving the DVD, detectives were able to establish that the DVD did in fact belong to the defendant.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Tonawanda Police Department, under the direction of Chief Anthony Palombo.
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.Rochester Woman Sentenced for Stealing from VA Death Pension ProgramRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Wanda Williams, 52, of Rochester, N.Y., who was convicted of theft of government property, was sentenced by U.S. District Judge Frank Geraci to five years probation, 100 hours of community service and was ordered to repay $13,181 to the United States Department of Veterans Affairs.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Williams stole and cashed over $13,000 worth of checks issued to her deceased grandmother by the United States Department of Veterans Affairs as part of their Death Pension Program. This program was designed to provide financial assistance to surviving spouses of veterans who served on active duty during a period of war.
The defendant's grandfather was a veteran who served in the United States Army during World War Two. As a result of his service and sacrifice, and due to her financial condition, his widow was entitled to a monthly pension check from the V.A. following his death in 1982. These monthly benefits should have ended when the defendant's grandmother died in 2007, however, the defendant continued to cash them until 2010, when her conduct was uncovered by federal investigators.
The sentencing is the culmination of an investigation on the part of Special Agents from the United States Department of Veterans Affairs - Office of Inspector General, under the direction of Special Agent In Charge Jeffrey G. Hughes.Rochester Man Charged with Making False StatementsRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tuffek Mohammed Ali Saleh, 41, a citizen and national of Yemen, was arrested in Rochester and charged by criminal complaint with making a false statement on an immigration document, making a false statement to an Immigrant Official and making a false claim of United States Citizenship. The charges carry a maximum penalty of 10 years in prison, and a fine of up to $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, in April 2012, the defendant applied for U.S. Citizenship under the name Yehya Muthana Ali. During the processing of Saleh's application, it was determined that the defendant had previously applied to enter the United States using a different identity. The complaint further alleges that during a subsequent interview with immigration officials, Saleh failed to disclose that he in fact previously went by other names.
In April 2013, Saleh walked into a New York State Lottery Claims Center in Rochester and presented a torn scratch off ticket claiming to have won $3,000,000. As a result, the defendant filled out a Claim Form Worksheet and indicated that he was United States Citizen. According to the New York State Lottery, citizenship is material to the awarding of any lottery winnings because citizens and non-citizens are taxed at different rates.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson. Saleh is due back in court on July 24, 2013 at 9:00 a.m.
The criminal complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.Buffalo Woman Indicted for Concealing a Person from ArrestRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a one count indictment charging Amber Pawlak, 21, of Buffalo, N.Y., with concealing a person from arrest. The charge carries a maximum penalty of five years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that in January 2013, law enforcement officers were attempting to locate defendant Clifton Jackson in order to execute a federal arrest warrant. According to the indictment, on three occasions, Pawlak denied knowing the whereabouts of Clifton Jackson when in fact she did have contact with the defendant.
In April 2013, Clifton Jackson was charged in a 66-count indictment with conspiracy to unlawfully use Social Security numbers, filing of false tax returns in 2011, and aggravated identity theft.
The indictment is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch, and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.
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 Grandmother who Headed Family Drug Organization Pleads Guilty to Drug ConspiracyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Theresa Anderson, 56, of Buffalo, N.Y. pleaded guilty to conspiracy to distribute and distribution of crack cocaine before U.S. District Court Judge, Richard J. Arcara. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $8,000,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that between 2000 and February 2012, Anderson headed an illegal narcotics drug trafficking organization that controlled drug sales on Swinburne and Deshler Streets in the City of Buffalo. The defendant employed several family members to sell crack cocaine on a daily basis in the neighborhood. In order to monopolize narcotics sales in the area, the defendant threatened and intimidated rival narcotics traffickers and even purchased several homes in the area which were used for selling and storing the illegal narcotics.
"Just as Theresa Anderson and her family targeted and held a city neighborhood hostage, our Office, along with our law enforcement partners will continue to target any individual or groups of individuals who would consider similar behavior," said U.S. Attorney Hochul. "To the residents of all city neighborhoods, if you see something, please say something. By working together, law enforcement and community members can protect families and properties."
Anderson was arrested in February 2012 along with eight others: Steven Butler; Dion Anderson; Melvin Calhoun; Anquensha Hodge, a/k/a Anne Anderson; Wymiko Anderson, a/k/a Red; Toshia Hodge, a/k/a Toshia Anderson; Tajia Anderson, a/k/a Porkchop; and Leo Mellerson; all of Buffalo. Five of these are either children or grandchildren of Anderson. A sixth defendant is Anderson's husband and the two others are boyfriends of Andersons' daughters. Anderson is the fourth defendant to be convicted.
Sentencing is scheduled for October 8, 2013 at 12:30 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the New York State Police, under the direction of Major Michael Cerretto.Sanborn Man Sentenced on Gun ChargeRead the Press Release
Buffalo, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Michael Wayne Finch, 61, of Sanborn, N.Y., who was convicted of being a felon in possession of a firearm, was sentenced to time served of 42 months by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on November 19, 2009, the defendant was stopped by New York State Police in Lewiston. During the subsequent execution of a search warrant, troopers recovered five firearms and multiple rounds of ammunition. Finch was prohibited from possessing any the firearms because of a prior felony drug conviction in the State of South Carolina.
The sentencing is the culmination of an investigation on the part of the New York State Police, under the direction of Major Michael Cerretto and Special Agents of the Alcohol, Tobacco, Firearms and Explosives, under the direction of Frank J. Christiano, Resident Agent in Charge.Postal Worker Arrested, Charged with Stealing Diamonds, Other ItemsRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jeremy Lieberman, 34, Rochester, N.Y., was arrested and charged by criminal complaint with embezzlement by an employee of the United States. The charge carries a maximum penalty 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 according to the complaint, Lieberman worked as a mail handler with the United States Postal Service. While on the job, the defendant rifled through and stole coins, jewelry, diamonds and other valuables from packages being mailed. Lieberman then sold the stolen items at area pawn shops and gold exchanges.
The criminal complaint is the culmination of an investigation on the part of the United States Postal Service Office of Inspector General, under the direction Special Agent in Charge Robert Lapina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.Federal Escapee Sentenced for Drug Trafficking; Other ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Joseph Mitchell, 36, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base, possession of a firearm in furtherance of a drug trafficking crime, money laundering conspiracy and escape, was sentenced to 300 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that the Joseph Mitchell participated in a drug trafficking conspiracy along with his two younger brothers, Jamar and Jerrod Mitchell. According to the government’s investigation, between 2008 and March 2011, the defendant was responsible for the large scale distribution of significant quantities of cocaine and cocaine base in the Rochester and Elmira, N.Y. areas. Several search warrants executed at the time of the defendant’s arrest led to the recovery of over $500,000 in cash that had been secreted in a hidden trap in the base of a fish tank at Joseph Mitchell's residence, as well as a loaded handgun.
Joseph Mitchell was ordered detained pending trial on his narcotics charges. Thereafter, Mitchell orchestrated an elaborate jail escape, which involved multiple individuals and the smuggling of contraband into the Monroe County Jail, including a cellular telephone and saw blades that were secreted inside the binding of a bible. Mitchell utilized the saw blades to cut the jail bars on the window of his cell and ultimately escaped with another inmate, Eddie Palmer, by breaking the exterior window and jumping to the ground.
Law enforcement captured Mitchell approximately one week after his escape in the area of Sodus, Wayne County. The individuals who assisted Mitchell in his escape were also arrested and convicted federally, including Eddie Palmer, Lakesia Binion, and Mathias Smith.
In sentencing the defendant to 25 years in prison, Judge Geraci referred to Joseph Mitchell a "drug kingpin," who "poisoned the community" with large amounts cocaine. Judge Geraci also admonished the defendant for involving his two younger siblings in his drug trafficking activities. Jerrod and Jamar Mitchell are schedule to be sentenced on July 2, 2013. Palmer, who has been convicted of assisting in the escape, will be sentenced on July 9, 2013.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Agency, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, officers of the Rochester Police Department, under the direction of Chief James Sheppard, the United States Marshals Service, under the direction Marshal Charles Salina and investigators of the Monroe County Sheriff's Office under the direction of Sheriff Patrick O'Flynn.Buffalo Man Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Juan Montanez, 47, of Buffalo, NY., pleaded guilty before U.S. District Chief Judge Richard J. Arcara, to conspiracy to distribute, and to possess with intent to distribute, heroin and cocaine. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Montanez was one of three defendants arrested on March 6, 2012 after law enforcement officers executed a search warrant at a residence in Buffalo. Officers seized heroin, cocaine, ammunition, and drug paraphernalia.
Defendant Erick Joel Reyes Barretto was convicted of conspiracy to possess with intent to distribute heroin and cocaine and was sentenced to 60 months in prison in April 2013. Pascual Giovanny Navarro Gonzalez is scheduled to go to trial on August 6, 2013.
The sentencing is the culmination of an investigation on the part of Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Ohio State Highway Patrol, under the direction of Colonel John Born.
Sentencing is scheduled for October 4, 2013 at 1:00 p.m. before Judge Skretny.Rochester Man is Sentenced in Child Pornography CaseRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Douglas C. Tatner, II, 33, of Rochester, N.Y., who was convicted of possession of child pornography, was sentenced to 48 months in prison and 12 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 a search warrant was executed at Tatner's former residence on Glide Street in Rochester by members of the FBI's Cyber Crimes Task Force in January 2012. The warrant was issued after a witness reported seeing images of child pornography depicting children 12 years old and younger on the defendant's computer. Tatner admitted to possessing images of child pornography, some of which depicted pre-pubescent minors.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, under the direction of Acting Special Agent in Charge Richard M. Frankel which includes the Rochester Police Department, under the direction of Chief James Sheppard.
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.Dansville Man Sentenced for Enticing ChildRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that William F. Chappell, 43, of Dansville, N.Y., who was convicted of enticing a minor to engage in illegal sexual activity, was sentenced to 14 years in prison and 10 years of supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that between March 2009 and May 2009, Chappell enticed a child under the age of 18 to engage in sexual activity. The defendant utilized a cellular phone and, through a series of text messages and exchanges, persuaded the child to engage in sexual activity. At Chappell's request, the child took sexually explicit photographs and sent them to the defendant. Chappell knew that the child was not yet 18 years old when he communicated with and enticed the child.
The sentencing is the culmination of an investigation on the part of Special Agents of the Department of Homeland Security, under the direction of Special Agent in Charge James C. Spero, and Officers of the Dansville Police Department, under the direction of Chief Charles Perkins.
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.Rochester Man Sentenced for Stealing Interstate Shipment from RailcarRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Anthony Toscano, 48, of Rochester, N.Y., who was convicted of conspiracy to steal an interstate shipment and theft of an interstate shipment, was sentenced to 18 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 on June 30, 2009, Toscano, along with co-conspirators Richard E. Riedman, Anthony Russell and Timothy Stone, stole more than 16 gross tons of scrap steel from a railcar at a CSXT rail yard in Batavia, N.Y. The defendants used a logging truck to remove 17 gross-ton bales of processed, high-grade scrap steel from the railcar.
Toscano and the other defendants were apprehended by members of the Genesee County Sheriff's Office in the logging truck and a pick-up truck as they left the scene of the theft. The bales were in the process of being shipped to a steel mill in Pennsylvania when they were stolen. Toscano, Riedman, Russell, and Stone were convicted after a two-week jury trial before Judge Siragusa in September 2012.
Defendants Stone and Russell will be sentenced by Judge Siragusa on July 9, 2013, and July 31, 2013, respectively. Riedman is scheduled to be sentenced by Judge Siragusa on September 16, 2013.
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 Richard M. Frankel and the Genesee County Sheriff's Department, under the direction of Gary Maha.Chain Gang Defendant Sentenced to 50 YearsRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that former Chain Gang member Dearick Smith, 23, of Rochester, N.Y., who was convicted by a federal jury of engaging in racketeering activity, was sentenced to 50 years in prison by U.S. District Judge Charles J. Siragusa.
“As was said in another gang case just last week, we will not allow violent and narcotics trafficking gangs to operate in this area,” said U.S. Attorney Hochul. “In this case, our Office utilized federal racketeering laws to completely dismantle a gang that, among other things, murdered a young girl. To those who engage in similar organized or violent crime, you should know that this is only one of the many federal statutes we will employ to keep our community safe for residents and businesses.”
Assistant U.S. Attorney Douglas E. Gregory, who handled the prosecution of the case, stated that up to approximately 2009, the “Chain Gang” aka “Wolfpack,” operated in Rochester, N.Y. as a violent street gang the members of which sold narcotics and committed violence principally in the areas of Chamberlain and Garson Avenues. The federal indictment charged 19 gang members with conspiring to use their membership in the Chain Gang to engage in a pattern of racketeering activity that included multiple acts of drug trafficking, the 2007 murder of Carmella Rogers and the attempted murder of several rival gang members.
Smith was convicted along with Russell Hampton and Michael Jackson in July 2011 after a five week jury trial. All other Chain Gang defendants were also convicted in other proceedings.Last week, U.S. Attorney Hochul announced charges against three members of another alleged gang who referred to themselves as “M.D.B.” and other names. That investigation and prosecution continue. In reporting on last week’s indictment, U.S. Attorney Hochul requested the public’s continuing help in reporting violent and narcotics trafficking activities to law enforcement officials.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Scott Heagney, along with officers and investigators with the Rochester Police Department, under the direction of Chief James Sheppard.Three Rochester Gang Members Indicted; Charged with Gun and Drug ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging three people with narcotics trafficking, including conspiracy to possess with intent to distribute 280 grams or more of crack cocaine and marijuana, and use and possession of firearms in furtherance of drug trafficking.
Named in the Indictment are: Jacob Rivera, a/k/a “JJ,” 22, Kevin Feliciano, a/k/a “Nash,” 19, and Marius Johnson, a/k/a "Florida," 27, all of Rochester, N. Y.
The drug conspiracy charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life, a fine of $10,000,000 or both. The gun charges carry a mandatory minimum penalty of ten years in prison which must be served consecutively to any other conviction, and a $250,000 fine.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that according to the indictment, the defendants were leaders of a street level drug trafficking organization that from time to time referred to themselves as “M.D.B.” or “The Broezel Boys.” Members and associates of M.D.B. controlled the open air drug market in a multi-block area near the intersection of Dewey and Lexington Avenues, including all of Broezel Street, the north end of Maryland Street, portions of Driving Park and portions of Lakeview Park in Rochester. M.D.B. members and associates also maintained and operated several drug houses in Rochester including the duplex residence at 325/327 Lexington Avenue, the upstairs apartment at 171 Maryland Street, the upstairs apartment at 316 Lakeview Park and 672 West Main Street, each for the purpose of possessing, manufacturing, distributing, and using controlled substances.The indictment further stated that members and associates of M.D.B. routinely possessed and used firearms to maintain and expand their territory; used violence and threats of violence against unaffiliated persons who attempted to sell illegal controlled substances within their territory; used violence and threats of violence against witnesses who were viewed as hostile to the interests of M.D.B.; and enforced a code of silence among members and others to prevent information concerning the activities of M.D.B. to be provided to law enforcement.
“This Office will not permit violent gangs to operate in the City of Rochester,” said U.S. Attorney Hochul. “Today’s case marks yet another instance where this Office, working with law enforcement officers from all levels of Government, used federal tools to keep the people of the City safe. The public is reminded that if they see any indication of gang activity, narcotics trafficking, or indeed any crime, to let an officer or this Office know the information. To repeat an earlier message – if you see something, say something, and we in law enforcement will do something.”
The indictment is the culmination of an investigation on the part of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James Sheppard, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field 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 Man Pleads Guilty to Filing False Tax ReturnsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Patrick Dandrea, 55, of Rochester, N.Y., pleaded guilty to two counts of filing false tax returns before U.S. District Court Judge Frank P. Geraci. The charge carries a maximum penalty of three years in prison and a fine of up to $100,000 on each count.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant was awarded a contract from Erie County in 2006 to remove damaged trees and branches following the October Storm. As a result of this contract, Dandrea received over $5,000,000 in payments which he failed to report on his 2006 and 2007 Federal Income Tax Returns. As a result, the IRS incurred a tax loss of over $460,000. In addition to being responsible for the tax loss, the defendant is also liable for interest payments and penalties of over $265,000 going back to 2006.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations Division, under the direction of Special Agent in Charge Toni Weirauch, and the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.
Sentencing is scheduled for September 26, 2013 at 10 a.m. before Judge Geraci.Buffalo Man Sentenced for Heroin ConspiracyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Antonio Almonte, 57, of Buffalo, N.Y., who was convicted of conspiring to possess and distribute more than one kilogram of heroin, was sentenced by U.S. District Judge Richard J. Arcara, to 70 months in prison.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that a criminal investigation began following a traffic stop and search conducted by the Ohio State Highway Patrol in March 2012. Law enforcement officers found 2.4 kilograms of heroin in a truck and trailer, which was en route from Chicago to Buffalo. Almonte, co-defendant Luis Vazquez, and others were transporting the kilograms of heroin from Chicago for distribution in the Buffalo area.
On May 24, 2013, Luis Vazquez was sentenced by Judge Arcara to 51 months in prison for conspiring to possess and distribute more than one kilogram of heroin.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Ohio State Highway Patrol, under the direction of Colonel John Born.Buffalo Man Sentenced for Food Stamp FraudRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Karem Almadrahi, 25, of Buffalo, N.Y., who was convicted of food stamp fraud, was sentenced by U.S. District Judge Richard J. Arcara to eight months of home confinement and three years probation. The defendant was also ordered to pay restitution in the amount of $67, 301 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. The defendant and others exchanged customers food stamp benefits for cash in violation of the known rules governing the food stamp program. In less than a two year period, Almadrahi acquired approximately $67,301 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 Richard M. Frankel; 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.