Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Convicted on Drug ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Alejandro Navarro-Gonzalez, 31, of Buffalo, N.Y., was convicted after a jury trial of possession with intent to distribute a kilogram or more of heroin and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who along with Assistant U.S. Attorney Eric Opanga handled the trial, stated that on March 14, 2012, law enforcement officers searched a storage unit on Transit Road in Williamsville, N.Y. The unit, rented by the defendant, contained more than one kilogram of heroin, a loaded .32 caliber semi-automatic pistol and 92 rounds of ammunition. The defendant's DNA was found on the firearm during forensic testing.
The conviction is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, and the Erie County Sheriff's Department, under thd direction of Sheriff Tim Howard.
Sentencing is scheduled for September 30, 2013 at 12:30 p.m. before U.S. District Judge Richard J. Arcara, who presided over the trial of this case.Buffalo Man Arrested, Charged with Bank RobberyRead the Press Release
ROCHESTER, N.Y.–The United States Attorney’s Office announced today that Jason Berg, 23, Buffalo, N.Y., was arrested and charged by criminal complaint with committing two bank robberies. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that according to the complaint, the defendant robbed the M&T Bank, located at 788 Tonawanda Avenue in Buffalo, on May 16, 2013 and the M&T Bank, located at 1580 Hertel Avenue in Buffalo, on June 12, 2013. The complaint further alleges that Berg passed notes to the bank tellers indicating he possessed a specific firearm and demanded specific amounts of money.
The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained. Berg is due back in court June 17, 2013 at 2:00 p.m. for a detention hearing.
The Criminal Complaint is the result of a joint investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Schuyler County Man Convicted of Drug Trafficking and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that John Anthony Barton, 33, of Dix, N.Y., was convicted of conspiracy to manufacture 500 grams or more of methamphetamine, possession with intent to distribute 500 grams of more of methamphetamine, possession of marijuana with intent to distribute, using his residence to manufacture, distribute and use methamphetamine and marijuana, and possession of firearms in furtherance of drug trafficking crimes following a jury trial before U.S. District Judge Charles J. Siragusa. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.
Assistant U.S. Attorneys Jennifer Noto and Charles E. Moynihan, who handled the case, stated that Barton was arrested on May 18, 2011, after members of the New York State Police, Schuyler County Sheriff’s Office, Schuyler County District Attorney’s Office, Village of Watkins Glen Police Department and the Drug Enforcement Administration executed a search warrant at Barton’s residence on Roloson Hollow Road in Dix. During the search, law enforcement officers discovered an active methamphetamine laboratory, which was in the process of producing methamphetamine, in a shed on the property. In the shed, law enforcement officers also recovered a total of eight firearms, including a loaded .45 caliber handgun, more than 30 grams of methamphetamine, and more than $8,700 in cash. Officers also recovered approximately a pound of marijuana from the house located on the property.
Testimony at the trial also revealed that Barton, together with others, manufactured methamphetamine and distributed as much as 900 grams between 2009 and May 18, 2011.
“Methamphetamines are a highly dangerous and addictive substance,” said U.S. Attorney Hochul. “In addition to being a serious health threat, they are also a growing problem in many parts of the country. Today’s verdict ensures that this defendant will no longer be able to fill the streets of Schuyler County communities with this substance. The outcome should also serve as a warning to others that our Office will continue to work vigorously with our law enforcement partners to take down other similar laboratories.”
Drug Enforcement Administration Special Agent in Charge Brian R. Crowell stated, “This case highlights the dangers of methamphetamine production, use and distribution. Methamphetamine use and abuse is not the only danger to our society, the production of meth is also a significant danger to first responders, neighbors, and non-users as well. One in every six methamphetamine labs results in an explosion making it a severe threat to community members. I commend the men and women of the DEA Rochester Resident Office, the United States Attorney’s Office Western District of New York, Schuyler County District Attorney’s Office, New York State Police CNET the Schuyler County Sheriff’s Department, Watkins Glen Police Department.”At the time of Barton’s arrest, two others – Shawn Rickard and Chad Speicher – were also arrested. Rickard pleaded guilty to narcotics conspiracy involving 500 grams or more of methamphetamine and possession of firearms in furtherance of a drug trafficking crime. Speicher pleaded guilty to narcotics conspiracy. Both defendants are awaiting sentencing.
These verdict is the result of an investigation on the part of the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzary, Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, New York State Police Community Narcotics Enforcement Team (CNET) under the direction of Major Wayne C. Olson, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.
Sentencing is scheduled for September 24, 2013 before Judge Siragusa.Buffalo man pleads guilty to illegal selling identification documentsRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jorge Garcia, 37, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to possession with intent to use or transfer unlawfully five or more identification documents. The charge carries a maximum penalty of 15 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Garcia sold nine sets of identification documents in exchange for $6,300 in cash. The documents consisted of Puerto Rican birth certificates, New York state birth certificates, Michigan state birth certificates and U.S. Social Security Cards. The defendant was led to believe that the nine sets of authentic identification documents would be used to allow illegal immigrants to remain and work in the United States unlawfully.
Sentencing is scheduled for September 19, at 1:00 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-In-Charge James C. Spero.Buffalo Man Arrested on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Keith Goss, 44, of Buffalo, N.Y., was arrested and charged by criminal complaint with conspiracy and possession with intent to distribute 100 kilograms or more of marijuana. The charges carry a minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that according to the complaint, on June 12, 2013, the defendant attempted to take possession of a crate which was to be delivered to an address on Fillmore Avenue in Buffalo after being shipped from Tucson, Arizona. The crate contained 315 pounds of marijuana valued in excess of $250,000. The complaint further states that law enforcement officers intercepted the crate of marijuana before it was delivered to the Fillmore Avenue address where the defendant was awaiting its arrival.
Goss made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendant is being held pending a detention hearing on June 19, 2013 at 2:00 p.m.The criminal complaint 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 the Tonawanda Police Department, under the direction of Anthony Palombo, with the assistance of the DEA Office in Nogales, Arizona.
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.10th Street Gang Member Sentenced for RICO ConspiracyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Hector Rodriguez, 25, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO) Conspiracy, was sentenced to 86 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was a member of the 10th Street Gang who was involved in drug dealing and firearms possession as a part of his participation in the gang. On May 22, 2006, Rodriguez learned that rival drug dealers were making what he believed to be a substantial amount of money selling crack cocaine in the turf controlled by the 10th Street Gang. The defendant dressed in old and dirty clothes and, pretending to be a crack cocaine user, purchased crack cocaine from the rival drug dealers who were selling in the 10th Street Gang's turf. Following the purchase, Rodriguez returned to a 10th Street Gang drug house and told fellow gang members, adding that he did not see any guns in the possession of the rival drug dealers. Armed 10th Street gang members then went to the location and shot the rival drug dealers using an AK-47 in an effort to force the rival drug dealers out of the neighborhood.
In 2010, the defendant was indicted along with 34 other 10th Street Gang members or associates. Eighteen defendants have been convicted to date.
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, along with the New York State Police, under the direction of Acting Major Craig Hainsworth, the Buffalo Police Department, under Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under Agent Frank J. Christiano, Resident Agent in Charge.Wayne County Man Pleads Guilty to Selling Counterfeit Merchandise OnlineRead the Press Release
BUFFALO, N.Y.- U.S. Attorney William J. Hochul, Jr. announced today that Ryan Breen, 33, of Savannah, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to trafficking in counterfeit goods involving the sale of unauthorized merchandise from the popular FX Network Television series "Sons of Anarchy." The charge carries a maximum penalty of 10 years in prison and a $2,000,000 fine.
According to Special Assistant U.S. Attorney Fauzia K Mattingly, who is handling the case, Breen was identified as the owner and operator of various websites which offered for sale over the Internet counterfeit t-shirts and goods using the Sons of Anarchy trademark without the permission of the Twentieth Century Fox Entertainment Group, the producer and exclusive owner of the Sons of Anarchy TV series. The defendant's websites were seized by federal agents as part of a nationwide crackdown aimed at combating intellectual property theft. Through his websites, Breen had sold over $75,000 worth of customized Sons of Anarchy clothes, hats, and other items that infringed the trademark of Fox.
Sentencing is scheduled for September 27, 2013 at 1:00 p.m. before Judge Arcara.
The plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.Rochester Man Sentenced for Bank FraudRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Nathaniel Pounds, 57, of Rochester, N.Y., who was convicted of bank fraud was sentenced to 51 months in prison and five years of supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorneys Marisa J. Miller and Frank H. Sherman, who handled the case, stated that in September 2012, the defendant was serving a term of supervised release following a 2005 federal conviction for bank fraud. At that time, United States Probation officers discovered stolen and altered checks, forms of identification belonging to others and device making equipment in the defendant's possession. Pounds pleaded guilty to violating his supervised release and to a new bank fraud charge and was sentenced to a combined term of 51 months in prison. The defendant was also ordered to pay restitution in the amount of $16,236.58, in addition to the $114,853.67 in restitution outstanding from the 2005 conviction.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Kevin Nyland; Officers of the United States Probation, under the direction of Chief United States Probation Officer Anthony San Giacomo; and members of the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn.Rochester Man Indicted for Making Bomb Threats against KodakRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a four count indictment charging Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., with making false bomb threats. Each charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the indictment, on September 24, 2012, the defendant made three phone calls to 911 and told the operator that his acquaintances were terrorists and were going to blow up the Kodak Corporation. The indictment further alleges that Mohammed made a fourth call on January 24, 2013 claiming that an acquaintance had explosives hidden at a location in Rochester. The 911 calls resulted in emergency responses by the Rochester Police and Fire Departments and by Kodak security personnel, but searches failed to turn up any bombs or evidence that someone had attempted to plant a bomb at any of Kodak’s facilities.
Mohammed was arrested on February 4, 2013, based on a criminal complaint issued by Magistrate Judge Marian W. Payson and is currently in custody. No date has been set for his arraignment.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent unless and until proven guilty.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.PACT Act Now Fully EnforceableRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. and Alcohol, Tobacco, Firearms and Explosives New York Field Division Special Agent in Charge Joseph A. Anarumo announced today that after nearly three years of litigation, the lawsuit seeking to stop the federal law aimed at restricting the internet sales of cigarettes and sales to children has ended with the dismissal of several Native American cigarette retailers’ claims.
In June of 2010, Red Earth, LLC., d/b/a Seneca Smokeshop, and the Seneca Free Trade Association (“SFTA”), which represent over 140 Seneca owned smoke shops, sued the federal government to stop the enforcement of the new federal law, referred to as the PACT Act (Prevent All Cigarette Trafficking), just days before it was to go into effect. In July 2010, U.S. District Judge Richard J. Arcara issued a preliminary injunction preventing the United States from enforcing certain sections of the PACT Act relating to the collection of state taxes on cigarette sales and other state regulations. Judge Arcara upheld other portions of the PACT Act, including a ban on retailers using the United States Postal Service to mail cigarettes.
The Government and plaintiffs both appealed to the Second Circuit Court of Appeals which upheld Judge Arcara’s preliminary injunction and referred the case back to the district court for trial and the district court litigation continued. However, in April of this year, the SFTA discontinued its claims and asked that its lawsuit be dismissed. In addition, on June 7, 2013, Judge Arcara dismissed the remaining Red Earth claims pursuant to an agreement between the U.S. Attorney’s Office and Red Earth. The dismissal also vacated the earlier preliminary injunction which essentially means that the full scope of the PACT Act can now be enforced nationwide by the federal government.
The PACT Act litigation was handled by Assistant U.S. Attorney and Civil Division Chief Mary E. Fleming, Assistant U.S. Attorney Richard D. Kaufman, Special Assistant U.S. Attorneys Jeffrey A. Cohen and Matthew Myerson of the ATF Office of Chief Counsel and the Department of Justice’s Consumer Litigation Attorney Gerald Kell.
"With the end of this litigation, the federal government can now begin to enforce the full breadth and scope of the PACT Act and help insure that our nation’s children are protected from the sales of cigarettes to minors,” said U.S. Attorney Hochul. “The PACT Act will also allow for the proper tax revenues to be collected on the sales of cigarettes by each state, revenues which will be used to finance additional health programs to combat the devastating health effects felt by Americans due to the availability of cheap cigarettes.”
“The PACT Act was passed to combat interstate trafficking in untaxed tobacco which has been found to deprive governments of billions of tax dollars and to fund organized criminal activity,” said Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Joseph A. Anarumo. “We are pleased that the Government will finally be able to use this important legislative tool.”Batavia Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Jeffrey Wawrzyniak, 40, of Batavia, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio to possession of child pornography. The charge carries a maximum penalty of 15 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that during the execution of a search warrant at the defendant’s home in Batavia, law enforcement officers recovered more than 750 graphic files of child pornography and four and four video files. The search warrant was obtained after law enforcement officers, using an undercover computer with peer to peer software, downloaded several image files of child pornography from Wawrzyniak’s computer.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-In-Charge James C. Spero.
A sentencing date has not been scheduled.Snyder Man Sentenced for Tax FraudRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that John J. Barden, III, 55, of Snyder, N.Y., who was convicted of failing to pay employment taxes, was sentenced to time-served with three months of home detention and two years of supervised release by Chief U.S. District Court Judge William M. Skretny. Barden was also ordered to pay restitution in the amount of $75,568.74 to the Internal Revenue Service.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations, under the direction of Special Agent-In-Charge, Toni M. Weirauch.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that for the years 2005 through 2009, Barden falsely classified the wages of his employees at Double Down Transport, Inc. as payments for per diem, fuel advances, and reimbursements for tolls, permits, repairs, and maintenance. As a result, the defendant avoided paying a total of $75,568.74 in employment taxes.Rochester Man Charged with Sale of Counterfeit Postage StampsRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Alcides Marcelino, a/k/a "Amigo" was arraigned before United States Magistrate Judge Jeremiah J. McCarthy after an indictment was unsealed charging him with 3 counts of Possession and Sale of Counterfeit Postage Stamps. The charge carries a maximum term of imprisonment of 5 years and a fine of $250,000, or both.
The indictment alleges Marcelino sold counterfeit Lady Liberty and U.S. Flag forever postage stamps on multiple occasions between early Summer 2010 and July 19, 2011. The investigation began when the main postal facility in Buffalo discovered multiple letters with the counterfeit stamps affixed. Further investigation revealed the stamps were allegedly being sold at several small, retail grocery locations in the Buffalo area. The evidence was presented to the Grand Jury by Assistant U.S. Attorney Robert C. Moscati, who will handle the trial of the case.
The investigation was conducted by the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Kevin M. Niland, the Federal Bureau of Investigation under the direction of Special Agent in Charge Richard M. Frankel, and the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Men Sentenced for Illegally Selling Identification DocumentsRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Mario Soto, 37, of Buffalo, N.Y., who was convicted of illegal sale of a United States social security card, was sentenced by U.S. District Judge Richard J. Arcara to 12 months’ probation. In addition, Angel Pagan, 50, of Rochester, N.Y., who was convicted of possession with intent to use or transfer unlawfully five or more identification documents, was sentenced also by Judge Arcara to 12 months in prison followed by 3 years supervised release.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled each of the cases, stated that Soto knowingly sold his own Puerto Rican birth certificate and his own social security card in exchange for $700 in cash. Pagan knowingly sold five sets of identification documents in exchange for $3,500 in cash. The identification documents consisted of four Puerto Rican birth certificates, one New York state birth certificate and five U.S. Social Security Cards. The defendants were led to believe that the authentic identification documents would be used to allow illegal immigrants to remain and work in the United States unlawfully.
The sentencings are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Social Security Administration Office of Inspector General, under the direction of Special Agent in Charge Edward J. Ryan
Soto and Pagan are two of four defendants involved in unlawfully selling identification documents discovered during an investigation conducted the by the Department of Homeland Security. Defendant Xavier Gonzalez will be sentenced on June 13, 2013 and charges are pending against defendant Jorge Garcia.Tonawanda Man Arrested on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Peter N. Militello, 32, of Tonawanda, N.Y., was arrested and charged by criminal complaint with possession with intent to distribute and distribution of heroin and crack cocaine. The charges carry a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.
Assistant U.S. Attorney Eric M. Opanga, who is handling the case, stated that according to the complaint, between January 25, 2010 and February 25, 2010, the defendant sold heroin and crack cocaine on several occasions in the City of Buffalo. The complaint further alleges that on February 25, law enforcement officers searched a room at a hotel on Niagara Falls Boulevard in Amherst, N.Y. where Militello was staying. Inside, officers recovered crack cocaine and other drug paraphernalia.
The complaint is the result 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, and the Cheektowaga Police Department, under the direction of Chief David Zack.
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.Niagara Falls Man Sentenced for Drug PossessionRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Octavius Miller, 32, of Niagara Falls, New York, was sentenced by Chief United States District Judge William M. Skretny to 7 years imprisonment and 3 years of supervised release for his conviction of Possession with Intent to Distribute Cocaine Base (crack).
Assistant U.S. Attorney Robert C. Moscati said that during the execution of a search warrant in December 2010, law enforcement officers found Miller to be in possession of approximately 123 grams of cocaine base, or crack, in his residence on Cleveland Avenue in Niagara Falls, New York. Miller admitted during his plea proceedings that he possessed the crack with the intent to sell it and that he had done so on numerous occasions before and after these drugs were seized.
The plea was the culmination of an investigation on the part of the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Joseph A. Anarumo, and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.
Pennsylvania Man Pleads Guilty in Failure to Register CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gregory Grove, 37, of Fayette, N.Y., pleaded guilty to failing to register as a sex offender before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that the defendant left the State of Pennsylvania in June 2011 and moved to Seneca County. As a sex offender, Grove was required to register under the Sex Offender Registration and Notification Act. The defendant failed to register as a sex offender in the Western District of New York and failed to update his registration status with Pennsylvania authorities to advise them that he had left that state.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of the United States Marshals Service, under the direction of United States Marshal Charles Salina.
Sentencing is scheduled for September 5, 2013 at 11:00 a.m. before Judge Larimer.
Bank Employee Pleads Guilty in Large Tax Refund SchemeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Graciela Serra, 36, of Rochester, N.Y., pleaded guilty before U.S. District Court Judge David G. Larimer to conspiracy to commit tax fraud in connection with a large nationwide tax refund scheme. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from January 29, 2011 to October 31, 2011, Serra was involved in a scheme to obtain income tax refunds by the filing of fraudulent federal income tax returns with the Internal Revenue Service. Specifically, stolen identities were utilized to file the fraudulent federal income tax returns, and the wages and related tax withholdings reported on the federal income tax returns were fabricated in order to obtain the refunds. Most of the returns were filed in the names and social security numbers of individuals residing in Puerto Rico without their knowledge. The refund checks issued as a result of the fraudulent returns were sent to various addresses in Rochester and other locations in the country.
Serra, while a teller at the Woodforest Bank on Hudson Avenue in Rochester, used her position at the bank to cash several of the fraudulent tax refund checks for other participants in the scheme who brought the fraudulent checks to her at the bank. The defendant cashed the checks knowing they were in the names of individuals other than the individuals who brought the checks to the bank. The defendant was paid a fee for cashing the checks.
“Using one’s position of trust to facilitate a crime is something our office takes very seriously,” said U.S. Attorney Hochul. “In this case, the defendant abused her position as a bank teller to cash fraudulent checks issued by the Internal Revenue Service. Such fraud against the Government in reality impacts all Americans.”
The plea is the culmination of a joint investigation on the part of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Internal Revenue Service, under the direction of Toni M. Weirauch, Special Agent in Charge.
Sentencing is scheduled for September 20, 2013 before Judge Larimer.Rochester Man is Sentenced for Copyright InfringementRead the Press Release
ROCHESTER, N.Y.-- U. S. Attorney William J. Hochul Jr., announced today that Eugene DeBerger, 60, of Rochester, N.Y., who was convicted of copyright infringement, was sentenced to three years probation and ordered to pay restitution in the amount of $41,460 to the Motion Picture Association by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that between January 2007 and August 2010, DeBerger bought legal copies of copyright protected DVD movies and burned copies on his home computer. The defendant then sold them online for $3.99 a piece. During the time period, DeBerger sold over 7000 DVDs.
The sentencing is the culmination of an investigation on the part of the Special Agents from Federal Bureau of Investigation under the direction of Richard Frankel, Acting Special Agent in Charge.Michigan Doctor Pleads Guilty to Health Care FraudRead the Press Release
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Fitzgerald Anthony Hudson, 53, of Dearborn Heights, Michigan, pleaded guilty before Chief U.S. District Chief Judge William M. Skretny, to health care fraud. The fraud related to the defendant lying about his qualifications to practice medicine. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in August 2008, the defendant submitted an application to Jones Memorial Hospital in Wellsville, N.Y. for appointment to the medical staff. Prior to that, Hudson was an undergraduate student at York University in Ontario, Canada from September 1987 to August 1990, however the defendant did not obtain enough credits to graduate and did not earn a Bachelor’s Degree. The defendant then attended medical school at Ross University after which he worked in the Warren Hospital Family Practice Residency Program in Phillipsburg, New Jersey from July 2002 until July 2003. At that time, Hudson was suspended from his duties as a resident and dismissed from the residency program due to academic incompetence. This means, in essence, that the defendant never received his medical degree or license and was not legally qualified to practice medicine.
During the course of this prosecution, the government presented evidence that while employed at Jones Memorial Hospital, Hudson treated a five year old child who subsequently died shortly after being treated by the defendant. That case is now the subject of an ongoing wrongful death civil suit in state court.
In addition, from February 2008 to June 2008, the defendant was employed at the Emergency Department at the Claxton-Hepburn Medical Center in Ogdensburg, N.Y. Hudson resigned in June of 2008 due to an unfavorable incident.
“Each and every day, millions of Americans entrust their health to the care of trained medical professionals,” said U.S. Attorney Hochul. “By misrepresenting his background and education, this defendant put in danger the lives of those who came to him seeking emergency care. This Office will continue to vigorously prosecute all fraud, particularly where such crime affects that which is most precious to us all – our health.”
In the application the defendant submitted to Jones Memorial Hospital, he: (a) indicated that he disassociated with the Claxton-Hepburn Medical Center because it was "too far away;" (b) indicated that he had never been denied or had suspended or restricted completion of training or certification of completion of training by any healthcare facility; and (c) stated that he earned a BS degree from York University. Hudson was aware of the false statements and representations at the time he made them, and acted knowingly and willfully in submitting the false application to Jones Memorial Hospital.
As a result of the defendant’s false application for medical staff appointment, Hudson was granted privileges at Jones Memorial Hospital in Emergency Medicine. Between August 2008 and November 2009, the defendant worked as a physician at the Emergency Department at Jones Memorial Hospital, and based on that work, payments totaling approximately $227,548.35 were received from Medicare, BlueCross BlueShield of Western New York, Univera Healthcare, and Independent Health for services rendered by the defendant.
Sentencing is scheduled for September 9, 2013 at 9 a.m. before Judge Skretny.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent in Charge, Special Agents of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Thomas O'Donnell, Special Agent in Charge, and Investigators with the Medicaid Fraud Control Unit of the New York State Attorney General’s Office.Lockport Man Convicted of Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Damian Ard 32, of Lockport, N.Y., pleaded guilty before U.S. District Judge William M. Skretny, to conspiracy to possess with intent to distribute, and to distribute, cocaine base. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that from 2009 through August 2010, Ard distributed cocaine base, cocaine, heroin, marijuana, Ecstasy, and prescription pills in the City of Lockport. On August 17, 2010, law enforcement officers executed search warrants at several locations including Ard’s residence on Chapel Street in Lockport. During the search, officers seized three guns, magazines, ammunition, plastic baggies containing marijuana; and surveillance equipment.
Ard was arrested along with 22 others in August of 2010 for narcotics trafficking. To date 17 defendants have been convicted.
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 Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour, and the Niagara Frontier Transit Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for October 1, 2013 at 9:00 a.m. before Judge Skretny.Brighton Man Pleads Guilty to Defrauding InvestorsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that John Zdanecis, 78, of Brighton, N.Y., pleaded guilty before U.S. District Judge Charles G. Siragusa, 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 John J. Field, who is handling the case, stated that the defendant solicited investors to participate in a commodities trading pool, Comtra Limited, that he controlled. Zdanecis then used most of the money for personal and business expenses, and did not invest it in commodities as promised. To conceal his scheme, the defendant sent his investors periodic account statements that were false and misrepresented the true condition of the investments. As a result of the fraud, investors lost more than $160,000.
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 September 25, 2013, at 10:00 a.m. before Judge Siragusa.
Rochester Woman Pleads Guilty in Case Involving the Filing of False Tax ReturnsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Michelle Torres, 37, of Rochester, N.Y., pleaded guilty to conspiracy to defraud the United States before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Torres engaged in a scheme with others that involved the filing of federal tax refund claims, CLaims were filed using stolen identities and refund checks were issued to various addresses in Rochester. The defendant retrieved the checks and then sent them to co-conspirators in New York City in exchange for a fee. The conspiracy resulted in over $1.6 million in fraudulent tax refunds being issued by the Internal Revenue Service.
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, and Special Agents of the Internal Revenue Service, under the direction of Special Agent in Charge Toni Weirauch.
A sentencing date has not been scheduled.Two Men Arrested for Extortion in Local Gambling OperationRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eric Battistoni, 71, of Cheektowaga, N.Y., and Thi Nguyen, 38, of West Seneca, N.Y., were arrested and charged by criminal complaint with using extortion to collect gambling debts. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Michael McCabe, who is handling the case, stated that according to complaint, Nguyen and Battistoni were members of a gambling ring involving bets on sporting events. The defendants recently demanded payment of an outstanding gambling debt from a Buffalo man who owed $24,000 stemming from losses on 2012 professional sporting events. On May 15, 2013, Nguyen and Battisoni met with the man at a coffee shop on Bailey Avenue and William Street in Buffalo where they demanded payments of $300 a week until the debt was settled. Battistoni threatened violence if payments were not made.
The complaint is the result of a joint investigation on the part of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.
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.Niagara Falls Man Sentenced on Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Keith Crossley, 39, of Niagara Falls, N.Y., who was convicted of conspiracy to manufacture methamphetamine, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on May 3, 2012, Crossley was found in a mobile home at 314 Quain Place, in the Town of Niagara when members of the Niagara County Drug Task Force and the Drug Enforcement Administration executed a search warrant. Inside the home, officers found an active methamphetamine lab in the kitchen. Officers also seized precursor chemicals and ingredients used to manufacture methamphetamine, a loaded 12-gauge Mossberg shotgun, shotgun shells, a digital camera, and drug paraphernalia and spent blister packs from the pseudophedrine tablets.
Co-defendants Jason Hannon, 38, was sentenced to 63 months in prison and Robert Gardiner, 29, was sentenced to one year in prison. Another co-defendant, Roberta Hannon, 45, has been convicted on similar charges and is awaiting sentencing.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division and the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour.Illinois Sex Offender Sentenced in Faiture to Register CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Marcus Tunstall, 39, formerly of St. Louis, Illinois, who was convicted of failing to register as a sex offender, was sentenced to two years in prison and five years supervised release by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the defendant left the State of Illinois in August 2012 to come to the Western District of New York and knowingly failed to register as a sex offender. In addition, Tunstall failed to update his registration status with Illinois authorities to advise them that he had left that state.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The sentence was the culmination of an investigation on the part of the United States Marshals Service under the direction of United States Marshal Charles Salina.
California Man Sentenced on Drug Conspiracy ChargesRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Benito Ruiz-Landa, 48, of Hesperia, California, who was convicted of conspiracy to distribute cocaine, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that between January 2008 and June 2010, the defendant along with co-conspirator Miguel Robles-Diaz, while living in California, received shipments of cocaine from Mexico. The two defendants then distributed the cocaine throughout the United States, including the Buffalo area. Ruiz-Landa was arrested in New York City in June 2010 following a wiretap operation which recorded a conversation involving the defendant and the sale of a kilogram of cocaine.
Miguel Robles-Diaz pleaded guilty to a similar charge and was sentenced to 33 months in prison in April 2013.
Following the completion of his federal sentence and after a state charge in New York City is resolved, Ruiz-Landa will be deported back to his native country of Mexico.
The sentencing was 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.
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Kevin Baron, 43, of Buffalo, N.Y., who was convicted of possession of child pornography, was sentenced to 168 months in prison and 10 years of supervised release by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on March 9, 2012, the defendant possessed images of child pornography on his personal computer and on DVDs. A forensic analysis of the computer and disks revealed in excess of 600 images of child pornography. The analysis also revealed that a privacy and cleaning software had been installed and was run on February 18, 2012 and February 28, 2012. Some of the 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 Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, along with Officers of the Cheektowaga Police Department, under the direction of Police Chief David Zack and Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Additional assistance was provided by the Western New York Regional Computer Forensics Laboratory, which conducted the forensic analysis of the computer.British National Pleads Guilty to a Customs ViolationRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gary Hyde, 44, of York, England, pleaded guilty to a charge of removing and altering country of origin markings on imported articles and was sentenced to time served by U.S. District Judge Charles J. Siragusa. Hyde, who is currently serving a sentence of seven years in prison in England for his involvement in a separate illegal arms transaction, appeared through his attorney.
Assistant U.S. Attorney Bret A. Puscheck, who handled the case, stated that the defendant jointly owned, along with German national Karl Kleber, Jago Ltd., a company based in Great Britain that buys and sells arms. In 2007, the defendants obtained approximately 6,000 75 round capacity AK-47, rifle drum magazines from a Chinese arms manufacturer that were to be produced with no Chinese markings on the magazines or their containers. In March 2008, while Karl Kleber had sole physical custody of these Chinese-manufactured gun magazines in Germany, Kleber agreed to sell the drum magazines to American Tactical Imports, Inc. (“ATI”), of Rochester, an arms and munitions wholesale distributor.
In August 2008, 5,760 of these Chinese-manufactured, 75 round capacity, AK-47 rifle drum magazines bearing no Chinese country of origin marks were shipped from Germany by Kleber to ATI. Prior to shipping the defendants agreed to the arrangements for sending the drum magazines to ATI for resale while both were aware that Chinese-manufactured drum magazines could not be imported into the United States. In September 2008, the drum magazines were imported into the United States and delivered to ATI in Rochester.
In February 2011, Karl Kleber was convicted of smuggling goods into the United States and is awaiting sentencing.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge, James C. Spero, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney.
A third defendant, Paul Restorick, was also arrested in this case and the charges against him are pending.Two Massachusetts Men Charged with Invading a Private Conversation Between Two NFL General ManagersRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Joshua Barber, 20 and Nicholas Kaiser, 20, both of Plymouth, Massachusetts, were charged by criminal complaint with intentionally intercepting a wire communication and with making a telephone call without disclosing their identity with the intent to annoy or harass the person at the called number. The charges carry a maximum penalty of five years in prison, a $500,000 fine or both.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, Joshua Barber telephoned the office of former Buffalo Bills General Manger Buddy Nix claiming to be Tampa Bay Bucaneers General Manger Mark Dominik. Buddy Nix answered the telephone but there was no one on the line. Defendant Barber then telephoned the office of Mark Dominik claiming to be Buddy Nix.
While Barber was on hold with Mark Dominik's office, Nix's office placed a call using the re-dial function to what was believed to be the office of Mark Dominik. While on hold with Dominik's office, defendant Barber saw the incoming call from Nix. Using the conference function, defendant Barber connected Nix and Dominik without either parties knowledge or consent. That call was subsequently recorded by defendant Kaiser. The complaint further states that after the conversation was recorded, defendants Barber and Kaiser sold the unauthorized recording to a media outlet.
The defendants will make an initial appearance on June 4, 2013 at 10:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.“Under limited circumstances not relevant here, the privacy of communications--a discussion with one’s doctor, among family members and friends, between business associates, or indeed any conversation intended to be private--is the expectation of every citizen," said U.S. Attorney Hochul. "This office will continue to enforce laws which protect the privacy of such communications.”
The criminal complaint stems from the investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.
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 Man Sentenced on Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that John A. Cruz, 26, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute heroin, was sentenced by U.S. District Judge William M. Skretny to 58 months in prison.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between December 2009 and August 17, 2010, Cruz sold quantities of heroin to other members of a drug conspiracy that was the subject of an ongoing criminal investigation. At the time of his arrest, the defendant was awaiting sentencing on other federal drug distribution charges.
Williams was arrested along with 22 others in August of 2010 for narcotics trafficking. To date 16 defendants have been convicted.
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 Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour, and the Niagara Frontier Transit Authority Police, under the direction of Chief George Gast.Buffalo Man Pleads Guilty to Child PornographyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John Luchetti, 27, of Buffalo, N.Y., pleaded guilty before U.S. Judge Richard J. Arcara to a charge of receipt of child pornography. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that the defendant received and distributed images and videos of child pornography through an Internet file sharing program. Luchetti possessed over 600 images of child pornography on his laptop computer, which included images of prepubescent minors and acts of violence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for September 6, 2013 at 1:00 p.m. before Judge Arcara.US Attorney's Office Welcomes 19 Law Clerks in Buffalo and Rochester for the SummerRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that 19 law clerks from 10 different law schools have joined the Buffalo and Rochester Offices of the United States Attorney's Office for the summer.
The law clerks will assist the U.S. Attorney and Assistant U.S. Attorneys with legal research, writing projects and court appearances. They will also assist with all aspects of investigating cases and preparing cases for trial. They will also learn more about the criminal justice system and our law enforcement partners by attending presentations at the Federal Bureau of Investigation, the Rainbow Bridge, the Attica Correctional Facility, and through a weekly speaker series presented by our Office.
"I look forward with great anticipation to welcoming these law clerks to our Office," said U.S. Attorney Hochul. "The on-the-job training they will receive will be invaluable as they pursue their legal careers, and they will observe first hand some of the top lawyers in our area. Our Office and the community gains because the students will work with our prosecutors, conduct research into legal issues, and provide valuable assistance to our staff. This is a win-win situation for all."
The following law clerks have been assigned to the Buffalo Office of the USAO:
Catherine Mendola, Boston College (Lead Law Clerk)
Paige Bouley, University at Buffalo
Sydney Brunecz, Case Western
James Campisi, Roger Williams
Anthony Faraco, Jr., University at Buffalo
Kristen Flick, University at Buffalo
Katherine Jost, University at Buffalo
Aaron Rubin, University at Buffalo
Robert Ruh, Syracuse
Ryan Sugg, Northwestern
Samih Tayeh, University at Buffalo
Violanti, George Washington
Alex Wilshaw, University at Buffalo
Lian Yeh, University at Buffalo
Alyssa Zongrone, University at BuffaloThe following law clerks have been assigned to the Rochester Office of the USAO:
Jacob Ark, University at Buffalo
Kelly Geary, Vermont
Elizabeth Oklevitch, Regent University
Joseph Plukas, Western New England UniversityThe law clerks begin their service on May 28, 2013.
Former Afro Dogs President Convicted of Drug Conspiracy and Other ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today Dewey Taylor, a/k/a Road Rash, 42, of Buffalo, N.Y., was convicted of conspiracy to possess with intent to distribute cocaine and structuring financial transactions following a five week jury trial before U.S. District Judge Richard J. Arcara. Taylor faces a mandatory minimum 10 years in prison, a maximum of life, a $5,000,000 fine or both.
According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Eric M. Opanga, who handled the prosecution of the case, the defendant is the former president of the Afro Dogs Motorcycle Club in Buffalo. Between 2006 and March 2, 2011, the defendant supplied Afro Dogs National Vice-President John C. Smith, a/k/a Kazoo, with cocaine for distribution to members and non-members throughout the Buffalo area. The evidence presented by the Government at trial included five months of wiretap conversations recorded on John Smith’s cellular phone. The Government also presented evidence of 14 undercover purchases of cocaine from Smith.
John Smith was convicted of conspiracy to possess with intent to distribute cocaine and possession of a firearms in relation to his drug trafficking in April 2013 and is awaiting sentencing.
In addition to being found guilty of drug conspiracy, Taylor was also convicted of seven counts of structuring financial transactions to evade currency reporting requirements. On seven separate occasions, Taylor deposited funds into personal and business accounts in the name of DT Liquors at the Erie Metro Federal Credit Union. The individual deposits totaled more than $10,000 which requires the filing of a Currency Transaction Report with the Internal Revenue Service. But the defendant split the transactions into smaller amounts in an attempt to evade the reporting requirements.
The jury was unable to reach a verdict as to defendant Dale Lockwood, who was charged with conspiracy to possess with intent to distribute cocaine. Further proceedings are scheduled for June 12, 2013 at which time a new trial date will be scheduled. Furthermore, defendants William Szymanski, Anthony Burley, and Van Miller, were acquitted of the same charge.
The five defendants were arrested in March 2011 along with seven other defendants who were previously convicted of related charges.
The conviction is the result of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, the New York State Police, under the direction of Major Wayne Olson, the Buffalo Police Department under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction of Chief John Askey, the Tonawanda Police Department under the direction of Chief Anthony Palombo, the Lockport Police Department under the direction of Chief Lawrence Eggert, and the Internal Revenue Service, under the direction of Toni M. Weirauch, Special Agent in Charge.
Dewey Taylor will be sentenced on September 5, 2013 at 12:30 p.m. before Judge Arcara.
Buffalo Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Luis Vazquez, 40, 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 51 months in prison.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that in March 2012, the defendant was pulled over by the Ohio State Highway Patrol. During the traffic stop and search of Vazquez’s truck and trailer, which was en route from Chicago to Buffalo, officers recovered 2.4 kilograms of heroin. The defendant and others were transporting the kilograms of heroin from Chicago for distribution in the Buffalo area.
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, and the Ohio State Highway Patrol, under the direction of Colonel John Born.Buffalo Man Charged with Stealing Historical DocumentsRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Daniel J. Witek, 50 of Buffalo, N.Y., was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, the defendant is associated with various museums and libraries in Western New York. Witek is accused of stealing at least five historical letters from the Buffalo History Museum. The defendant then tried to sell the letters to Lion Heart Autographs in New York City.
If you are a public or private collector of rare books, letters or artwork and believe an item or items are missing from your collection, please contact the Federal Bureau of Investigation at 716-856-7800.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Acting Special Agent in Charge Richard M. Frankel and the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
ISTA Pharmaceuticals, Inc. Plead Guilty to Federal Felony Charges; Will Pay $33.5 Million to Resolve Criminal lLability and False Claims Act AllegationsRead the Press Release
BUFFALO - U.S. Attorney William J. Hochul, Jr. announced today that pharmaceutical company ISTA Pharmaceuticals, Inc. pleaded guilty to conspiracy to introduce a misbranded drug into interstate commerce and conspiracy to pay illegal remuneration in violation of the Federal Anti-Kickback Statute before U.S. District Court Judge Richard J. Arcara. The guilty pleas are part of a global settlement with the United States in which ISTA agreed to pay $33.5 million to resolve criminal and civil liability arising from its marketing, distribution and sale of its drug Xibrom, one of the largest settlements ever in the Western District of New York.
According to Assistant U.S. Attorney MaryEllen Kresse, who handled the case, ISTA conspired to illegally introduce a misbranded drug, Xibrom, into interstate commerce. Under the Food, Drug and Cosmetic Act (FDCA), it is illegal for a drug company to introduce into interstate commerce any drug that the company intends will be used for uses not approved by the Food and Drug Administration (FDA). Xibrom is an ophthalmic, nonsteroidal, anti-inflammatory drug that was approved by FDA to treat pain and inflammation following cataract surgery. In order to expand sales of Xibrom outside of its approved use, ISTA conspired to introduce misbranded Xibrom into interstate commerce.
"Today's resolution sends a clear message that pharmaceutical companies cannot put profit ahead of people, by disregarding laws designed to protect the health of the American public," said United States Attorney William J. Hochul, Jr.
Between 2005 and 2010, some ISTA employees promoted Xibrom for unapproved new uses, including the use of Xibrom following Lasik and glaucoma surgeries, and for the treatment and prevention of cystoid macular edema. Continuing medical education programs were used to promote Xibrom for uses that were not approved by the FDA as safe and effective, and post-operative instruction sheets for unapproved uses were paid for by some company employees and provided to physicians. The evidence also showed that ISTA employees were told by management, in an effort to avoid detection, not to memorialize in writing certain interactions with physicians regarding unapproved new uses, and not to leave certain printed materials in physicians' offices relating to unapproved new uses.
In addition, ISTA pleaded guilty to conspiracy to offer and pay remuneration to physicians in order to induce those physicians to prescribe Xibrom, in violation of the federal Anti-Kickback Statute. Under the law, it is illegal to offer or pay remuneration, directly or indirectly, overtly or covertly, in cash or in kind, to physicians to induce them to refer individuals to pharmacies for the dispensing of drugs, for which payments are made in whole or in part under a Federal health care program. In this matter, certain ISTA employees, with the knowledge and at the direction of ISTA, offered and provided physicians with free Vitrase, another ISTA product, with the intent to induce such physicians to refer individuals to pharmacies for the dispensing of the drug Xibrom. In addition, ISTA provided other illegal remuneration, including a monetary payment to sponsor an event of a non-profit group associated with a particular physician, a golf outing, a wine-tasting event, paid consulting or speaker arrangements, and honoraria for participation in advisory meetings which were intended to be marketing opportunities, with the intent to induce physicians to refer individuals to pharmacies for the dispensing of the drug Xibrom.
U.S. Attorney Hochul further stated, "The fact that ISTA offered doctors illegal inducements - such as a wine tasting, golf outing, and payments to attend what were in essence marketing sessions - makes the company's illegal conduct particularly deserving of the hefty penalty ISTA has agreed to pay."
Under the terms of the plea agreement, ISTA will pay a total of $18.5 million, including a criminal fine of $16,125,000 for the conspiracy to introduce misbranded Xibrom into interstate commerce, $500,000 for the conspiracy to violate the Anti-Kickback Statute, and $1,850,000 in asset forfeiture associated with the misbranding charge.
ISTA also entered into a civil settlement agreement, under which, according to Assistant U.S. Attorney Kathleen A. Lynch, the company agreed to pay $15 million to the federal government and to individual states in order to resolve claims arising from its marketing of Xibrom. ISTA's conduct caused false claims to be submitted to government health care programs. The civil settlement resolved allegations that ISTA promoted the sale and use of Xibrom for certain uses that were not FDA-approved and not covered by the Federal health care programs. The United States further alleged that ISTA's violations of the Anti-Kickback Statute resulted in false claims being submitted to federal health care programs. The federal share of the civil settlement is $14,609,746.16, and the state Medicaid share of the civil settlement is $390,253.84. The civil settlement resolves two lawsuits filed in the Western District of New York under the whistle blower provisions of the False Claims Act. Such provisions permit private parties to file suit on behalf of the United States for false claims and obtain a portion of the government's recovery.
Except as admitted in the plea agreement, the claims settled by the civil settlement agreement are allegations only, and there has been no determination of liability as to those claims. In addition to the criminal fines and asset forfeiture, ISTA's parent company, Bausch+Lomb, Inc., which acquired ISTA in June 2012, has agreed to maintain a Compliance and Ethics Program. Upon conviction for the criminal charges described above, ISTA will face mandatory exclusion from Federal health care programs.
Assistant U.S. Attorneys MaryEllen Kresse and Kathleen A. Lynch, who handled the Criminal and Civil aspects of the case respectively, stated that "the civil and criminal penalties imposed today fully redressed the misconduct engaged in by ISTA prior to its acquisition by Bausch + Lomb, Inc."
Buffalo Man Sentenced on Drug ChargesRead the Press Release
Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jesus Antonio Cotto, 43, of Buffalo, N.Y., who was convicted following a jury trial of possession with intent to distribute cocaine, was sentenced to 78 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant United States Attorneys Thomas S. Duszkiewicz and Frank T. Pimentel, who handled the case, stated that the defendant attempted to sell cocaine to a confidential informant working with the Drug Enforcement Administration. As a result, law enforcement officers searched Cotto's Buffalo residence and recovered an additional amount of cocaine, a handgun, scale and the wrappings from 3 kilograms of cocaine.
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 the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Frank J. Christiano, Resident Agent in Charge.
Rochester Woman Sentenced for Aiding in the Escape of an InmateRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Lakesia Binion, 34, of Rochester, N.Y., who was convicted of making material false statements, was sentenced to 10 months of home confinement to be followed by three years of supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Jennifer M. Noto, who handled the case, stated that the defendant and others were involved in the escape of federal inmate Joseph Mitchell. Mitchell, along with Eddie R. Palmer, escaped from the Monroe County Jail during the evening of March 31, 2011, by sawing through two of the jail’s bars and jumping out of the facility’s second story window. Mitchell and Palmer were apprehended on April 8, 2011, when they were found hiding in a camping trailer located on a residential property in Sodus, N.Y.
During the ensuing investigation, officers learned that Binion arranged for a lawyer to deliver a bible, a cellular telephone and charger to Mitchell while Mitchell was in jail awaiting trial on a pending narcotics indictment. The bible contained saw blades hidden inside. After Mitchell escaped, the defendant also picked up Mitchell and drove him and fellow escapee Palmer to Sodus. The United States Marshall Service spoke with Binion on April 2, 2011 during the escape investigation and the defendant denied having any knowledge of the escape and denied having any contact with Mitchell after their last visit at the Monroe County Jail.
Joseph Mitchell pleaded guilty to escape and drug and gun charges and will be sentenced on June 26, 2013. Eddie Palmer pleaded guilty to assisting in the escape and is scheduled to be sentenced on July 9, 2013. Mathias Smith was sentenced to two years probation for his role in the escape. The lawyer, Rudolph Lepore, was convicted on a state charge of Promoting Prison Contraband and sentenced to five years probation.
“This case came to a speedy and successful conclusion thanks to the tremendous cooperation between all levels of law enforcement," said U.S. Attorney Hochul. "While jail escapes are extremely rare, this case demonstrates that they inevitably lead to capture and further convictions."
The conviction was the culmination of an investigation on the part of Deputies of the United States Marshal's Service, under the direction of Charles Salina and Investigators of the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn.Rochester Man Pleads Guilty to Firearm ChargeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Clive Hamilton, 30, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to possession of a firearm by an unlawful user of a controlled substance. The charge carries a maximum penalty of 10 of years years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that the defendant was arrested on August 12, 2012 in his vehicle while in possession of two registered handguns and a quantity of marijuana. Hamilton will forfeit the handguns.
The plea 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, and members of the Town of Greece Police Department, under the direction of Todd K. Baxter.Sentencing is scheduled for August 14, 2013, at 10:30 a.m. before Judge Larimer.
Rochester Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Walter Porter, 30, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to being a felon in possession of a firearm and possession of heroin with intent to distribute. The firearm offense carries a maximum penalty of 10 of years in prison, a fine of $250,000 or both and the drug trafficking charge carries a maximum penalty of 20 years and a fine of $1,000,000 or both.
Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that the defendant was arrested on January 31, 2013 after law enforcement officers executed a search warrant at his residence at 24 OK Terrace in Rochester. During the search, officers found a loaded 12 gauge shotgun and a quantity of heroin. The defendant was previously convicted of a firearms felony in Monroe County Court in November 2002.
The plea 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 and members of the Greater Rochester Narcotics Enforcement Task Force (GRANET), under the direction of Lieutenant Gerald Smith.Sentencing is scheduled for August 1, 2013, at 10:00 a.m. before Judge Larimer.
Convicted Sex Offender Pleads Guilty to Child PornographyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jerald Kicinski, 48, of East Bethany, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to receipt of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of 40 years, a fine of $250,000, or both.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between December 2010 and December 14, 2011, the defendant received child pornography on his computer at his residence in East Bethany. These images had been transmitted to the defendant in interstate commerce via the Internet. Kicinski was previously convicted of Sexual Abuse in the Second Degree in 2002 and Sexual Abuse in the Third Degree in 1990. Both of the defendant's prior convictions involved 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 was the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent In Charge.Sentencing will occur in front of Chief Judge William M. Skretny. No sentencing date has been scheduled.
Penfield Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Alfredo Valentin, Jr. a/k/a Alfredo Valentine, a/k/a Fred Valentin, a/k/a Fred Vegas, 42, of Penfield, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, a fine of $20,000,000 or both. Under the terms of the plea agreement, Valentin will forfeit $74,690 in U.S. currency, a firearm, and rounds of ammunition seized during the investigation.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Valentin purchased large quantities of heroin in New York City that he transported back to Rochester. The defendant then processed, packaged, and resold the cocaine in various quantities. Valentin was arrested on January 16, 2013 while driving a rental car. He was found in possession of over 130 grams of heroin and $2,000 in U.S. currency.
During the execution of a search warrant that same day at the defendant’s residence at 491 Plank Road in Penfield, officers recovered a Hi-Point 9mm pistol with a defaced serial number, rounds of 9mm ammunition, and heroin trafficking paraphernalia. On February 13, 2013, agents seized $72,690 in Valentin’s drug proceeds during the execution of a federal search warrant at 140 Central Park in Rochester.
The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, with assistance provided by the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Rochester Police Department under the direction of Chief James M. Sheppard, the Monroe County District Attorney’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Resident Agent in Charge, Scott Heagney.
Sentencing is scheduled for September 5 at 10:30 a.m. before Judge Larimer.
Mt. Morris Man Charged in Child Pornography CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Patrick Welch, 57, of Mt. Morris, N.Y., was arrested and charged by criminal complaint with possession, receipt and distribution of child pornography. In this case, possession of child pornography carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000. Receipt and/or distribution of child pornography carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, on May 13, 2013, the Livingston County Sheriff's Office received a lead from the Los Angeles County Sheriff's Office concerning a potential child exploitation case. A Los Angeles County Sheriff's investigator received a cyber tip from the National Center for Missing and Exploited Children that two individuals appeared to be chatting about and trading child pornography on the internet site tagged.com. Both individuals purported to be teenaged boys. One of the individuals chatting used the screen name "David D" who provided an email address.
A search warrant was executed on the provided email account and several images of child pornography were found. The internet protocol address for "David D" was registered to Welch's address on Scipio Road in Mt. Morris. After a search warrant was executed at Welch's residence this morning, a forensic preview of one of Welch's computers was conducted and several images of child pornography were found.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The criminal complaint is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Livingston County Sheriff's Office under the direction of Undersheriff Jim Szczesniak and the Los Angeles County Sheriff's Department, under the direction of Sheriff Leroy D. Baca.
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.Felon Convicted of Drug Trafficking and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tabari Facen, 36, of Rochester, N.Y. was convicted after a jury trial of possessing 28 grams or more of crack cocaine with intent to distribute, maintaining a drug-involved premises, possessing a firearm in furtherance of drug trafficking crimes, and possessing a firearm and ammunition while being a convicted felon. The defendant, who has a prior state drug trafficking conviction, faces a mandatory minimum penalty of 15 years in prison, a maximum of life, an $8,000,000 fine or both.
Assistant U.S. Attorneys Charles E. Moynihan and Craig R. Gestring, who handled the prosecution of the case at trial, stated that Facen was arrested following the execution of a search warrant at 303 Lakeview Park in Rochester on September 26, 2011 by the Greater Rochester Area Narcotics Enforcement Team. Upon entering the location, officers encountered and arrested the defendant in the master bedroom of the location. In searching the house, officers located and seized over 53 grams of crack cocaine and paraphernalia used to distribute crack cocaine (including digital scales and small ziplock bags) which were secreted in various places throughout the residence. Officers also found a loaded .40 caliber Smith & Wesson handgun, two loaded handgun magazines, and over 100 rounds of ammunition of various calibers.
“As all are aware, Rochester has experienced a rash of violence of late," said U.S. Attorney Hochul. "Much of that violence is committed with firearms. Thanks to today’s verdict, a defendant who possessed both firearms and drugs, and is a prior felon to boot, has now been removed from Rochester for what will be a very long time. The public should be assured that we will continue to target other offenders who engage in either violence or gun related offenses.”
The conviction is the result on an investigation by the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James M. Sheppard, and the Brighton Police Department, under the direction of Chief Mark Henderson.Sentencing is scheduled for September 4, 2013 before U.S. District Court Judge David G. Larimer.
Dunkirk Man Pleads Guilty to Filing Tax Returns for More Than 120 Dead PeopleRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that John M. Berry, Jr., 42, of Dunkirk, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to making a false claim against the United States. The charge carries a maximum sentence of five years in prison, a fine of 250,000, or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between September 3, 2008 and March 25, 2009, the defendant filed 122 false income tax returns for the tax years 2007 and 2008 with the Internal Revenue Service. During that time, Berry obtained the personal and identifying information for 122 recently deceased individuals and then used that information to file federal tax returns on behalf of the deceased. The defendant created fraudulent income and withholding information for the deceased and filed the returns electronically.
The 122 tax returns sought refunds totaling $217,520 from the Internal Revenue Service, of which the defendant received $92,462.12. The refunds were deposited directly into Berry’s bank account.
“This case should serve as a warning that our Office, working with our law enforcement partners, will not tolerate attempts to either steal the identities of individuals, or the money of the taxpayers of this country,” said U.S. Attorney Hochul. “That this defendant would rob the identities of deceased individuals is concerning, and could have brought additional grief and pain for their loved ones.”
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigations, under the direction of Toni M. Weirauch, Special Agent in Charge.
Sentencing is scheduled for August 26, 2013, at 1:00 p.m. before Judge Arcara.Buffalo Gang Members Plead Guilty to Cocain ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Tramell McGee, 30, Kevin Battles, 46, Jerome Brown, 40, Terrell Moore, 33, and Nikita Burt, 29, all of Buffalo, N.Y., pleaded guilty before U. S. Magistrate Judge Leslie G. Foshcio to cocaine trafficking. The pleas were entered in advance of a jury trial that was scheduled to begin today before Chief U.S. District Judge William M. Skretny.
The plea of defendants McGee and Burt carries a maximum penalty of 40 years in prison, while the plea of Battle, Brown and Moore carries a maximum penalty of 20 years in prison.
According to Assistant U.S. Attorney Michael L. McCabe, who is handling the case, the defendants were members of the "Camp Street Boys" which operated on Buffalo's East Side. Defendant McGee was one of the leaders of the gang and obtained kilogram quantities of cocaine. He then redistributed the cocaine to other gang members who resold the cocaine as "crack cocaine" in the vicinity of Jefferson Avenue and Genesee Street in Buffalo.
The defendants were arrested along with five others in Jaune 2011, to date six of the defendants have been convicted.
"As we have said on numerous occasions, our Office is working hand in hand with law enforcement to target gangs and the crimes they commit," said U.S. Attorney Hochul. “Today's guilty pleas send a strong message that this crackdown is having measurable success.”
The pleas are the culmination of an investigation on the part the Federal Bureau of Investigation's Safe Streets Task Force, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.
A sentencing date will be scheduled by Judge Skretny.
Ontario County Man Charged with Transportation of a Minor with Intent to Engage in Sexual ActivityRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that David Allen Vickers, 49, of Stanley, N.Y., was arrested and charged by criminal complaint with transportation of a minor with intent to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, from 2000 to 2004, the defendant, an over-the-road truck driver, took a minor victim on trips to New Jersey, Pennsylvania and Canada, and engaged in sexual activity with the minor. During an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Vickers pleaded not guilty. The defendant will remain in custody pending a detention hearing on May 20, 2013 at 11 a.m.
If you are aware of any children that have had contact with the defendant, or, if you are now an adult and had contact with the defendant when you were a minor, please call the U.S. Attorney’s Office at 1-800-320-0682 and leave a message with your contact information.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The arrest was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent in Charge, Special Agents of the U.S. Secret Service, under the direction of Tracy Gast, Special Agent in Charge, and Detectives of the Batavia Police Department, under the direction of Police Chief, Shawn Heubusch.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.
Lockport Man Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eric Williams, 34, of Lockport, N.Y., pleaded guilty before U.S. District Judge William M. Skretny to conspiracy to possess with intent to distribute, and the distribution of, cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on August 17, 2010, members of the Niagara County Drug Task Force and the Drug Enforcement Administration executed a search warrant at the defendant's residence on Chestnut Street in Lockport. Although Williams was destroying cocaine when law enforcement officers forcibly entered the residence, officers still seized approximately 436 grams of cocaine and drug paraphernalia, sophisticated surveillance equipment, and $8,614 in US currency.
Williams was arrested along with 22 others in August of 2010 for narcotics trafficking. He is the 16th defendant to be convicted.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of 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 Niagara County Drug Task Force, under the direction of Sheriff James Votour, and the Niagara Frontier Transportation Authority Transit Police, under the direction of Chief George Gast.
Sentencing is scheduled for September 10, 2013, before Judge Skretny.Detroit man pleads guilty to money laundering conspiracyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Carl Faheem Muhammad, 32, of Detroit, Michigan, pleaded guilty to conspiring with others to launder over $183,000 before Chief U.S. District Court Judge William M. Skretny. Muhammad is scheduled to be sentenced on September 11, 2013. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine.
According to Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, Muhammad directed eight other Detroit area residents to receive payments from victims who had applied for loans over the Internet with seemingly legitimate financial lenders which were in fact virtual companies being operated by online scammers in Canada. After wire transfers from the victims were received in Detroit, Muhammad transported the funds to the scammers in Canada. The victims, some of whom were from Western New York, were led to believe that once they paid the up-front fees, they would receive the loan proceeds. The victims never received the loans or a refund of their payments. To date, defrauded victims have lost more than $3.5 million to the loan scheme, and approximately 2,700 victims of the fraud have been identified by law enforcement. A total of 21 people have been arrested in connection with this fraud scheme. The defendant is the fourth to be convicted.
Sentencing is scheduled for September 11, 2013 at 9:00 a.m. before Judge Skretny.
The plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge, James C. Spero.