Western District of New York
Press releases recorded for this federal judicial district.
Former Union Leader Sentenced for Theft of Union FundsRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Joseph R. Grygorcewicz , 63, of Amherst, N.Y., who was convicted of embezzlement and theft of labor union assets, was sentenced to three years probation by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that
while working as the elected Secretary-Treasurer of Local 1566, a union which represents railroad workers in the transportation industry, Grygorcewicz embezzled $39,989.72 in union funds. As Secretary-Treasurer, Grygorcewicz had check writing authority and access to the checking account of Local 1566. The defendant wrote checks to himself and forged the signature of the president of the union to illegally obtain the money. Of the amount that Grygorcewicz embezzled, $14,020.94 was paid back to the union before the crime was discovered.
The sentencing is the culmination of an investigation on the part of investigators from the United States Department of Labor, Office of Labor-Management Standards, under the direction of Joseph Wasik, District Director of the Buffalo District Office.10 Indicted in West Side Drug ConspiracyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a 12 count indictment charging Oneil Quinones, 33, Jorge Quinones, 35, Oscar Romero, 32, Ellis Colon, 29, Edwin Sanchez, 27, Angel Sanchez, 45, Raul Ramirez-Vargas, 39, Josbel Garcia, 22, Miguel Manso, 42, all of Buffalo, and Jose Rivera, 32, of Niagara Falls with conspiracy to distribute one kilogram or more of heroin and cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a $5,000,000 or both.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to previously filed complaints, the defendants are members of a gang known as the Loiza Boys which has been distributing cocaine and heroin on Buffalo’s West Side since at least 2009. According to the indictment, the charges are the result of a long term investigation that involved the interception of telephone calls of the defendants and the use of undercover drug purchases from some of those arrested.
Defendants Oneil Quinones, Jorge Quiones, Edwin Sanchez and Ellis Colon were previously arrested and charged by complaint on February 27, 2013 for their involvement in this drug conspiracy. Authorities at that time announced the seizure of over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.
“This case is yet another example of our continuing efforts to eradicate gang and organized narcotics trafficking in the area, as well as the violence often associated with it,” said U.S. Attorney Hochul. “Working side by side with our law enforcement partners, last month, we charged 16 defendants who were allegedly members of two violent street gangs operating on the East Side of Buffalo. Last week, we charged 15 narcotics traffickers allegedly operating out of the City’s Perry public housing project, as well as the Fruit Belt area. With today’s arrests, we have now charged alleged gang members who operated on Buffalo’s West Side, the same location where the 7th and 10th Street gangs operated before their arrests and dismantlement by this Office. Today’s operation sends a clear message we will continue our anti-gang, zero tolerance policy across all portions of this City and Western New York. The public can expect to see us at other locations in the near future.”
“In late February 2013, during the course of the FBI Safe Streets Task Force’s investigation into the Loiza Boys Gang, investigators intercepted conversations that revealed that members of the Loiza Boys Gang were determined to avenge a stabbing that had just occurred at the Alden State Correctional Facility," said FBI Special Agent in Charge Richard M. Frankel. "To prevent further acts of violence from occurring in the Western New York community, the New York State Department of Corrections and Community Supervision assisted the SSTF, Buffalo Police Department, and New York State Police in locating and arresting four Loiza Boys gang members on federal narcotics charges.”
New York State Department of Corrections and Community Supervision Commissioner Brian Fischer said “DOCCS cooperation, including members of the DOCCS Inspector General’s Office and other key department staff, with various law enforcement agencies, once again highlights the effectiveness of these joint efforts. The safety and security of our communities is our highest priority and we will continue to use the resources we have available to contribute to that outcome, both inside and outside our correctional facilities.”
The indictment is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Richard M. Frankel. The Safe Streets Task Force includes members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction of Chief John Askey, the Cheektowaga Police Department, under the direction of Chief David Zack, the Hamburg Police Department, under the direction of Chief Michael Williams, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the New York State Police, under the direction of Major Matthew Renneman, the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Brian Fischer. Additional assistance was provided by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the United States Marshals Service, under the direction of Marshal Charles Salina, the Tonawanda Police Department, under the direction of Chief Anthony Palombo, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, the Lackawanna Police Department, under the direction of Chief James Michel, and the Erie County Probation Department, under the direction of Director Brian McLaughlin.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Man Sentenced in Child Pornography CaseRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that ZAKARY LANE SIDERS, 25, of Niagara Falls, New York, who was convicted of Transportation of Child Pornography on January 2, 2013, was sentenced to five years’ incarceration by U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant had been convicted of Transportation of Child Pornography when he sought out and received over 60 pornographic images of a minor via the Internet and transported a hard-drive containing the images to Western New York.
The conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Richard M. Frankel.
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.Two Men Charged in Sex Trafficking CaseRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Daniel Tanck, 31, and Robert Palermo, 29, of Rochester, New York, were each charged with the felony of sex trafficking of a minor. Sex trafficking of a minor carries a mandatory minimum penalty of 10 years imprisonment and a maximum penalty of life imprisonment and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee stated that according to the complaint, a fourteen year old victim reported that Tanck and Palermo had placed an ad on Backpage.com for her to engage in prostitution activities. According to the fourteen year old victim, Tanck and Palermo had taken the pictures of her for the Backpage.com ad at their residence on Emerson Street in the City of Rochester and that the two of them posted the advertisement using Tanck’s computer. The victim alleged that both Tanck and Palermo knew that she was fourteen years of age.
The criminal complaint was the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief James Sheppard, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Pleads Guilty Child Pornography CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Paul Hearty, 37, of Rochester, New York, pled guilty to a one count felony information charging him with knowing possession of child pornography before United States District Judge Frank P. Geraci, Jr. Due to Hearty's prior State conviction for possession of child pornography, the offense carries a mandatory minimum penalty of 10 years imprisonment and a maximum penalty of 20 years and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee stated that Hearty admitted to possessing images of child pornography, to include prepubescent children, on a Samsung smart phone in his possession. According to the criminal complaint, in December 2010, New York State Police's Internet Crimes Against Children Task Force had received information that an AOL user was sending child pornography to an account used by a particular Internet Protocol address. The subscriber of the Internet Protocol address was identified as Hearty, residing at Alexander Street, in the City of Rochester. New York State Police executed a search warrant in April 2011 and images of child pornography were found on Hearty's Samsung smart phone.
In 2005, Hearty was convicted in Monroe County of the Possession of an Obscene Sexual Performance By A Child Less Than 16 Years Old and following his conviction, he was required to register as a sex offender.
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 the United States Homeland Security Investigations under the direction of Special Agent in Charge James C. Spero, the New York State Police Computer Crimes Unit under the direction of Captain Frank Pace, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.
Sentencing has been scheduled for July 8, 2013 at 3:00 p.m. before Judge Geraci.
Drug Organization Operating in Perry Housing Projects DismantledRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned an indictment charging 12 defendants with conspiracy to traffic 280 grams or more of cocaine base and 500 grams or more of cocaine within the Perry Housing Projects. The defendants are also accused of utilizing three apartments within the Perry Housing Projects and a juvenile to further their drug trafficking activities.
This morning, law enforcement officers also executed 11 search warrants and arrested Tyshawn Bradley, 27, and Nannette Brown, 44, both of Cheektowaga, N.Y., Darnell Brown, a/k/a D, 28, Dallas McLamore, a/k/a Ice, a/k/a Dal, 28, Eric Ross, 23, Brandon Atkins, a/k/a YB, 26, Tashawn Gay, 22, Melvin Tucker, a/k/a Hoff, 23, David Varner, 54, Latifah Donaldson, a/k/a LaLa, 21, Tara Robinson, a/k/a Coek, 23 and Phayon Redmond, a/k/a Booper, 27, all of Buffalo. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, a fine of $10,000,000, or both.
In addition, the grand jury has returned three indictments charging Dimone Thomas, a/k/a Pony, 26, Shariff Johnson, a/k/a Ahmad Johnson, 33 and Rudell Jackson, a/k/a Rudy, 24 with distributing cocaine base in the Fruit Belt area of Buffalo. The Jackson charges carry a mandatory minimum five years to forty years imprisonment, a fine of $5,000,000, or both, while the Thomas and Johnson charges carry up to 20 years imprisonment, a $1,000,000 fine, or both.
United States Attorney Hochul stated, “Children and grandmothers living in the Perry apartments - or any public housing project - are entitled to live as safe and secure as every other American.” Hochul continued, “For too long, those who call this area home were subjected to the danger and destruction of drug traffickers. Criminals should know we mean business, while residents and companies alike should know the area is now safe for business, school and play.”Assistant U.S. Attorney Timothy C. Lynch, who is handling the Perry Projects case, stated that the investigation focused on the drug trafficking activities of Tyshawn Bradley, Darnell Brown, Dallas McLamore and their associates. According to the indictment, Bradley, Brown, McLamore and Eric Ross operated a cocaine base and cocaine distribution organization on a daily basis out of several apartments within the Perry Housing Projects, including apartments within the high-rise towers located at 124 Fulton Street and 305 Perry Street. The organization also utilized a person under the age of 18 to distribute cocaine base to customers on the grounds of the public housing facility. Law enforcement utilized court-ordered wire interceptions, undercover drug purchases, covert cameras and traditional police investigative techniques to infiltrate and dismantle this organization.
The Fruit Belt area indictments charge narcotics trafficking in the area of the new Medical Campus.
The indictments are the culmination of an investigation on the part of the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Christopher M. Piehota, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Court of Appeals Rejects Second Amendment Challenge to Federal Firearms StatuteRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that the United States Court of Appeals for the Second Circuit has rejected a Second Amendment challenge to a federal statute which imposes stiff punishment on drug traffickers who possess firearms to further their drug-trafficking activities. Ron Bryant was convicted in 2008, following a jury trial in federal court in Rochester, New York, of trafficking in crack cocaine and possessing a shotgun in furtherance of his drug activity. Bryant appealed his conviction, claiming that because he possessed the shotgun to protect his home, the federal statute violated his Second Amendment right to bear arms.
Bryant based his claim on the United States Supreme Court’s decision in District of Columbia v. Heller, which was decided shortly after his conviction. In Heller, the Supreme Court said that law-abiding responsible citizens have a constitutional right under the Second Amendment to bear arms for lawful purposes. In a case decided shortly after Heller, the Supreme Court emphasized that this right was most notably “for self-defense within the home.”
In Bryant’s case, the Court of Appeals rejected Bryant’s claim that the Second Amendment protected his right to possess the shotgun to protect himself while he was selling crack cocaine from his home. The Court said that even if Bryant had originally obtained the shotgun for the legitimate reason of protecting himself after he was robbed, “once Bryant engaged in an illegal home business, . . . he was no longer a law-abiding citizen using the firearm for a lawful purpose, and his conviction for possession of a firearm under these circumstances does not burden his Second Amendment right to bear arms.”
Bryant remains in federal prison serving a sentence of 81 months imposed by United States District Judge Charles J. Siragusa following his conviction.
On appeal the government was represented by Assistant United States Attorney Monica J. Richards and the trial was handled by Assistant United States Attorneys Aaron J. Mango and Michael DiGiacomo.
Buffalo Man Pleads Guilty to Cocaine Charges in 31-Gang CaseRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that David Howard, age forty-one (41), of Buffalo, New York, pleaded guilty before District Judge Richard J. Arcara for cocaine trafficking in 2008 and 2009. The charge carries a maximum penalty of life in prison.
According to Assistant U.S. Attorney Michael L. McCabe, Howard aided in distributing kilogram amounts of cocaine to members of the “31 Gang” in Buffalo, New York. In doing so, Howard used a house at 115 Shumway, in the City of Buffalo, as a “work house” for the purchase, preparation and distribution of cocaine and crack cocaine. In February 2009, Howard also provided money to co-defendant Marcus Chambers to purchase multiple kilograms of cocaine from a supplier in Mentor, Ohio. On February 17, 2009, Chambers was stopped by local police in Mentor, who recovered $220,000 from Chambers’s vehicle.
Howard was indicated along with 34 others in this case. All defendants have pleaded with 3, including Howard, awaiting sentencing.
The plea was the culmination of an investigation on the part of agents from the Federal Bureau of Investigation under the direction of Special Agent in Charge Christopher M. Piehota and officers on the FBI's Safe Streets Task Force.
Sentencing is scheduled on July 15, 2013 at 1:00 p.m. before Judge Arcara.
Tonawada Man Sentenced for Cocaine TraffickingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Keith Simmons, 35, of Tonawanda, N.Y., who was convicted of cocaine trafficking, was sentenced to eight years in prison by U.S. District Judge Richard J. Arcara.
According to Assistant U.S. Attorney Michael L. McCabe, who handled the case, Simmons managed a drug-trafficking organization in Niagara County and northern Erie County which distributed at least 50 kilograms of cocaine from 2004 to the date of his arrest in July 2009. Simmons and other members of this drug trafficking organization sold cocaine at many locations, including Papa Joe's Restaurant on Niagara Falls Boulevard and J.T. Wheatfield's Bar and Restaurant on Ward Road in Wheatfield.Simmons was among 21 defendants arrested in July of 2009. All have been convicted.
Today's sentencing is the culmination of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, officers from the Niagara County Drug Task Force, under the direction of Sheriff James Votour, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto the Amherst Police Department, under the direction of Chief John Askey.Superceding Indictment Filed, Additional Defendant Charged in Drug ConspiracyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a nine count superseding indictment charging an additional defendant and additional crimes in a Rochester area drug conspiracy.
Devin Allen-Furtick, aka “Little Cuz,” 20, is charged with conspiracy to possess with intent to distribute and to distribute 280 or more grams of cocaine base, a quantity of cocaine and a quantity of marijuana. In addition, he is charged with possession with intent to distribute 28 grams or more of cocaine base.
In February 2013, the following defendants were also charged with conspiracy to possess with intent to distribute and to distribute cocaine base, cocaine and marijuana, along with other drug related charges: Tyshawn Simmons, aka “Ty,” 30; Tashaka Mitchum, aka “Sharky,” 22; Marquis McMillian, aka “Dap,” 21; Melvin Hill, aka “Pumpkin,” Franklin Brock Jr., aka “Little Frank,” 19; Franklin Brock Sr., 39; Patrick Christner, 28; Tina McDonald, 40; Schmillion Weaver, 29 and Ciarra Crane, 23. The charge carries a mandatory minimum term of 10 years in prison, a maximum of life, a fine of $10,000,000, or both.
Defendants Simmons, McMillian and Brock are also charged with attempting to kill a person in retaliation for that person’s cooperation in a federal investigation and with unlawfully using a firearm to commit the shooting. These charges carry maximum penalties of 30 years and life in prison, respectively. Marquis McMillian is charged with attempting to kill a second person to prevent that person from testifying in connection with the first shooting. He is also charged with unlawfully using a firearm to commit that second shooting. These charges also carry maximum penalties of 30 years and life in prison, respectively.
Defendants Simmons, Mitchum and McMillian are also charged with unlawfully possessing firearms in furtherance of the drug trafficking conspiracy. The gun charge carries a mandatory minimum of five years in prison, a maximum of life, a fine of $250,000, or both.
Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that the addition of Furtick as a defendant and the additional charge against him stem from the continuation of a long-term investigation into the drug trafficking activities in the Rochester area of Simmons and the other charged defendants. The investigation remains ongoing with respect to potential additional charges and additional defendants.
Devin Allen-Furtick was arraigned before Federal Magistrate Judge Marian W. Payson today. He pleaded not guilty to the charges against him. Furtick is being held pending a detention hearing which is scheduled for Friday, April 5 at 2:00 p.m. Defendants Simmons, Mitchum, Brock and McMillan are also detained.
The superseding indictment is the result of an investigation headed by the Rochester Police Department, under the direction of Chief James Sheppard, with assistance from the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division. Other law enforcement agencies assisted in the arrests including the United States Marshal’s Service, under the direction of Marshal Charles Salina and the New York State Division of Parole, under the direction of Charles Bour.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Arrested in Connection with Drug and Gun SalesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Luis Guzman, 23, of Rochester, N.Y., was arrested and charged by criminal complaint with distribution of heroin and possession of a firearm in furtherance of a drug trafficking crime. The firearm charge carries a maximum penalty of life in prison, a fine of $250,000 or both and the drug charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the complaint, the defendant sold heroin and firearms during two controlled buys by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rochester Police Department in December 2012 and January 2013. One of the firearms purchased was a firearm stolen in November 2012 from Tom's Guns and Ammo, a Federal Firearms Licensee located in Sodus, New York.
The complaint is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney and the Rochester Police Department, under the direction of Chief James Sheppard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Pleads Guilty to Escape and Participation in Drug Conspiracy with his Two BrothersRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Joseph Mitchell, 36, of Rochester, N.Y., and his brothers, Jamar Mitchell, 27, and Jerrod Mitchell, 23, pleaded guilty to federal drug charges before Hon. Frank P. Geraci, Jr.
Joseph Mitchell pleaded guilty to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base, possession of a firearm in furtherance of a drug trafficking crime, money laundering conspiracy and escape. Jamar Mitchell pleaded guilty to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base and Jerrod Mitchell pleaded guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base. The drug conspiracy charge carries a maximum penalty of life in prison, a fine of $10,000,000 dollars or both.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that the defendants participated in a drug conspiracy responsible for the large scale distribution of significant quantities of cocaine and cocaine base in the Rochester and Elmira, N.Y. areas from approximately 2008 until March 2011. The Mitchell brothers were indicted after a nearly two year investigation conducted by special agents of the Drug Enforcement Administration and officers from the Rochester Police Department. Agents and officers conducted several search warrants in conjunction with the arrests of Joseph and Jamar Mitchell on January 26, 2011. During the searches, officers and agents recovered a loaded handgun and over $500,000 in cash that was secreted in a hidden trap in the base of a fish tank at Joseph Mitchell's residence.
In addition to his participation in this drug trafficking conspiracy, Joseph Mitchell also escaped from the custody of the Monroe County Jail on March 31, 2011. Two other individuals, Eddie Palmer and Lakesia Binion, have already been convicted for their involvement in the escape.
“Today’s developments bring to an end the significant criminal activities perpetrated by these defendants on the streets of our community,” said U.S. Attorney Hochul. “Our Office will continue to vigorously prosecute any individual or groups of individuals who fill our neighborhoods with illegal drugs and weapons. In addition, as in this case, we will not tolerate those who assist anyone in their criminal activity.”
The pleas are the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, officers of the Rochester Police Department, under the direction of Chief James Sheppard, the United States Marshals Service, under the direction of Marshal Charles Salina and investigators of the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn.
Sentencing is scheduled in front of Judge Geraci for July 1, 2013 at 9:30 a.m. for Joseph Mitchell and July 2, 2013, at 11:00 a.m. and 11:30 a.m. for Jerrod and Jamar Mitchell respectively.
Historic Verdict in Environmental Crime Case as Tonawada Coke and Manager Found Guilty of Violating the Clean Air Act and Resource Conservation and Recovery ActRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul Jr. and Assistant Attorney General Ignacia S. Moreno, of the Environment and Natural Resources Division of the U.S. Department of Justice, announced today that a federal jury in Buffalo has convicted the Tonawanda Coke Corporation of 11 counts of violating the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act.
In addition, Tonawanda Coke Environmental Control Manager, Mark L. Kamholz, 65, of West Seneca, N.Y., was found guilty of 11 counts of violating the Clean Air Act, one count of obstruction of justice and three counts of violating the Resource Conservation and Recovery Act.
The charges carry a maximum combined penalty up to 75 years in prison and fines in excess of $200 million.
According to Assistant U.S. Attorney Aaron J. Mango and Senior Trial Attorney Rocky Piaggione, who handled the prosecution of the case, the offenses related to the release of coke oven gas containing benzene into the air through an unreported pressure relief valve. In addition, a coke-quenching tower was operated without baffles, a pollution control device required by TCC’s Title V Clean Air Act permit designed to reduce the particulate matter that is released into the air during coke quenches.
In addition, prior to an inspection conducted by the U.S. Environmental Protection Agency in April of 2009, defendant Kamholz told another TCC employee to conceal the fact that the unreported pressure relief valve, during normal operations, emitted coke oven gas directly into the air, in violation of the TCC’s operating permit.
The defendants also stored, treated and disposed of hazardous waste without a permit to do so, in violation of the Resource Conservation and Recovery Act. AUSA Mango and Senior Trial Attorney Piaggione stated that these offenses related to TCC’s practice of mixing its coal tar sludge, a listed hazardous waste that is toxic for benzene, on the ground in violation of hazardous waste regulations.
“Protecting the health and safety of our residents is one of the most paramount responsibilities of this office,” said U.S. Attorney Hochul. “Citizens of this community are entitled to breathe clean air and drink clean water. From the evidence of this case, where literally hundreds of tons of coke oven gas containing benzene was released into the atmosphere and significant quantities of hazardous waste containing benzene were left out in the open, it would be hard to imagine a more callous disregard for the health and well being of the citizens of this community. Considering the nominal costs required to install safety devices and other equipment that would have alleviated these toxic hazards, the conduct was especially egregious.”“The Tonawanda Coke Corporation and Mr. Kamholz intentionally deceived federal regulators by concealing the company's violations of the Clean Air Act and the Resource Conservation Recovery Act, which were enacted by Congress to protect human health and the environment," said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the United States Department of Justice. "The conviction of the corporate and individual defendants is a just and fair result that will benefit the people of Buffalo, New York."
The verdict is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Acting Special Agent-In-Charge, Vernesa Jones-Allen and investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella.
Sentencing is schedule for July 15, 2013, at 9:00 a.m. before Chief Judge William M. Skretny who presided over the trial.
Rochester Schools Employee Charged in Jamaican Lottery ScamRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Rickey Miller, Sr., 54, of Rochester, N.Y., was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum prison sentence of 20 years.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from 2011 to March 14, 2013, Miller, who works as a custodian for the Rochester City School District, participated in what is known as a Jamaican lottery scam. According to the complaint, elderly victims were contacted by Jamaican citizens and told that they had won a lottery and other prizes. The victims were then told that in order to receive their prizes, they must first send money to pay for delivery fees and taxes. The elderly victims were instructed to send the money to the defendant in Rochester. Miller would receive the money, keep a portion, and then wire the remaining funds to the individuals in Jamaica with whom he was conspiring.
For example, an 85 year-old woman from Glenolden, Pennsylvania was told that she had won $800,000 and a new Mercedes Benz. The victim was instructed to send a $2,500 check, as a delivery fee, to Miller before receiving her prizes. The woman sent the check to the defendant by USPS Express Mail. The woman was instructed on several other occasions to send additional money to Miller which she did. After sending several thousands of dollars, the victim did not receive the prizes as promised.
According to the complaint, victims lost more than $300,000 as a result of the defendant's fraudulent conduct. Jamaican lottery scams over the years have resulted in elderly United States citizens losing hundreds of millions of dollars.
The criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Kevin Niland, and the City of Rochester's Office of Public Integrity, under the direction of Director George Markert.
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.
Newark Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that David Mullie, 49, of Newark, N.Y., pleaded guilty to possession of child pornography before U.S. District Court Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, and supervised release for life.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that a family member alerted police after finding sexually explicit photos on the defendant’s computer. Newark Police began an investigation and then notified Homeland Security Investigations for assistance. Federal agents executed a search warrant and seized several computers from Mullie’s home. A forensic analysis of the computers uncovered more than 600 images of children, including prepubescent children, being sexually abused.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent In Charge James C. Spero, and Officers of the Newark Police Department, under the direction of Chief David L. Christler.
Sentencing is scheduled for 3:00 pm on September 12, 2013 before Judge Siragusa.Brighton Man Pleads Guilty to Sex Trafficking of MinorsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Thomas Cramer, 43, of Brighton, N.Y., pleaded guilty to sex trafficking of minors before U.S. District Judge Frank Geraci, Jr. The charge carries a mandatory minimum 10 years in prison, a maximum penalty of life, a fine of $250,000 or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that between April and December 2011, the defendant enticed, promoted and profited from the commercial sex activities of at least four females knowing, or in reckless disregard of the fact, that the females were under 18 years old. One incident involved the exchange of text messages between Cramer and a girl. The defendant enticed the girl by telling her she could make much more money performing commercial sex acts than she could working at a grocery store. Although the girl initially told Cramer she was older than 18, when she informed the defendant that she was 17 years old, Cramer was undeterred and continued to engage in salacious texting with the female.
Cramer placed advertisements on adult web sites regarding the availability of the minor females for commercial sex acts. The acts took place at hotels in the Rochester and Buffalo and in Cramer’s residence. Furthermore, customers were charged between $180 and $200 per hour to engage in sexual activities with the minor girls and that Cramer received a portion of those proceeds.
"Our Office along with our partners at all levels of government are aggressively fighting all forms of human trafficking, including the sex trafficking of minors," said U.S. Attorney Hochul. "Of particular concern is that many victims are being lured over the internet making them more vulnerable than ever to defendants like Thomas Cramer."
“Few crimes strike at our community the way sex trafficking does,” said James C. Spero, Special Agent in Charge of HSI Buffalo. “The sexual exploitation of children and young adults for financial gain demonstrates the extreme greed and depravity of sex traffickers. Our HSI special agents relentlessly pursue sexual predators to rescue their victims.”
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, the New York State Police, under the direction of Major Mark Koss, and the Greece Police Department, under the direction of Todd K. Baxter.
Sentencing is scheduled for June 27, 2013 at 2:00 p.m. before Judge Geraci.
Rochester man pleads guilty to producing child pornographyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Anthony Davis, 43, of Rochester, N.Y., pleaded guilty before Judge Frank P. Geraci, Jr. to production of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of 30 years and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in July 2012, City of Rochester Police received a report of from an individual of a sexually explicit video of a seven-year old minor on a smart phone belonging to the defendant. The individual identified the minor victim and Davis's voice from the video. The defendant admitted during the plea proceeding to using the minor to produce a sexually explicit image with his smart phone.
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 Federal Bureau of Investigation's Cyber Crime Task Force, under the direction of Special Agent in Charge Christopher Piehota, the City of Rochester Police Department under the direction of Chief James Sheppard and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.
Sentencing is scheduled for June 27, 2013 at 9:30 a.m. before Judge Geraci.
Rochester Man convicted of marijuana conspiracyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Joseph Schmidt, 30, of Rochester, N.Y., pleaded guilty to conspiracy to distribute marijuana before U.S. District Judge Charles J. Siragusa. The charge carries a maximum sentence of 40 years in prison, a fine of $5,000,000, or both.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that between January 2008 and July 2011, Schmidt, along with several other individuals, distributed significant quantities of marijuana which was obtained from various sources, including the Akwesasne Mohawk Indian Reservation in the Northern District of New York. The defendant also maintained sophisticated indoor marijuana grow operations at residences on Crystal Valley Overlook, in Henrietta, New York, and Culver Parkway, in Rochester, both of which were searched by police in July 2011. As part of his plea, Schmidt will forfeit the Henrietta home, as well as cash and 10 firearms.The defendant was arrested on February 5, 2013 along with six other defendants. He is the first to be convicted.
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, along with officers and investigators with the Rochester Police Department, under the direction of Chief James Sheppard, along with members of the Greater Rochester Area Narcotics Enforcement Team (GRANET), under the direction of Lieutenant Joseph Morabito.
Sentencing is scheduled for July 15, 2013 at 11:00 a.m. before Judge Siragusa.Ohio woman pleads guilty to firearms trafficking chargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Della Scott,41, of Columbus, Ohio, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to engage in the business of dealing firearms without a license, and in the course of such business, to transport firearms in interstate commerce. The charge carries a maximum penalty of five years, a fine of $250,000, or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that between July 2003 and September 2007, Scott and others purchased firearms in the Columbus, Ohio, area and then transported at least two of them to Rochester, where they were resold. Two firearms purchased by Scott in Ohio were later recovered by law enforcement following investigations into unrelated criminal incidents, which occurred in 2005 and 2007. A co-conspirator, Leroy Williams, was convicted of unrelated drug trafficking and firearms offenses in 2007 and is currently serving an eight year prison term.
The plea is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Scott Heagney, Resident Agent in Charge and the Rochester Police Department under the direction of James Sheppard.Sentencing is scheduled for July 19, 2013 at 3:00 p.m. before Judge Siragusa.
Greece man arrested; charged with production of child pornographyRead the Press Release
ROCHESTER, N.Y.- U.S. Attorney William J. Hochul, Jr. announced today that Terrance Junot III, 36, of Greece, N.Y., was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendant engaged in a series of sexually explicit online communications with a 13 year old child. During those communications, Junot persuaded the child to produce sexually explicit photographs of themself which they then sent to him over the internet. During these chats, the defendant also sent sexually explicit photos of himself to the child.
The case came to the attention of law enforcement after the child’s mother found this material on the child’s phone. She recognized the defendant as someone who was known to the family, and took the phone to the Greece Police who began an investigation. In the course of their investigation, Greece Police executed several search warrants and searched the victim’s cell phone. Following their discovery of sexually explicit pictures of the victim, Greece Police contacted the FBI Cyber-Crimes Task Force for assistance.
“This case is another example of why it is so important for parents to monitor the computer and cell phone usage of their children,” said U.S. Attorney Hochul. “The victim’s mother checked the her child’s cell phone, found the photographs and immediately reached out to police. As in this case, if you see something, please say something and then law enforcement can do something.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. Junot is being detained pending a detention hearing March 25, 2013 at 4:00 p.m. before Judge Feldman.
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 on the part of Officers of the Greece Police Department, under the direction of Chief Todd Baxter, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
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.Canadian man pleads guilty to bank fraudRead the Press Release
BUFFALO, N.Y. - The U.S. Attorney’s Office announced today that Ali Haddad, 31, of Montreal, Quebec, Canada, pleaded guilty to bank fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 30 years in prison, a fine of $1,000,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that Haddad, a citizen and resident of Canada, opened a business bank account at an M&T Bank branch in Buffalo in the name of Symcore, Inc. Between January 15, 2009, and February 19, 2009, the defendant deposited false and fraudulent pre-authorized debits (“PADS”) into the account. The PADS deposited to the Symcore account purportedly represented money owed to Symcore by the payers listed on the PADS. M&T Bank relied upon the deposited PADS to calculate the daily cash balance of funds in the Symcore business checking account.On February 19, 2009, the defendant withdrew money from the Symcore account by electronically transmitting funds from the account by means of wire communication to bank accounts in Canada. Haddad caused two separate wire transactions to transmit funds from the Symcore account in the following amounts: $10,000, and $18,000 totaling $28,000. This money represented funds from the deposit of the false and fraudulent PADS.
Between December 24, 2008, and January 26, 2009, the defendant committed similar fraudulent acts against Bank of America. However, Bank of America discovered the fraud before the defendant was able to unlawfully transmit funds from the Bank of America account.The total loss to M&T Bank and Bank of America was $28,000.
The plea is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
Sentencing is scheduled for July 1, 2013 at 1:00 p.m. before Judge Arcara.Buffalo man pleads guilty to hamburg and kenmore bank robberiesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Timothy Ernle, 51 of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
According to Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, the defendant robbed the M&T Bank branch on Delaware Avenue in Kenmore, N.Y. in July 2010. Ernle also robbed the Evans National Bank on South Park Avenue in Hamburg, N.Y. on two separate occasions, also in July 2010. During all three robberies, the defendant disguised himself with a baseball hat, latex gloves and a stocking over his face. Ernle jumped over the teller counters and emptied the drawers.
The defendant, who is currently serving a state prison sentence for a bank robbery in Niagara County, stole approximately $27,000 during the three robberies.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
Sentencing is scheduled for October 18, 2013 at 1:30 p.m. before Judge ArcaraTwo Buffalo men plead guilty to drug conspiracy and money launderingRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that two defendants associated with the LRGP Gang pleaded guilty to federal charges before U.S. District Judge Richard J. Arcara. Franklin Richards, 31, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine. The charge carries a minimum penalty of 10 years in prison, a maximum of life, a $10,000,000 fine or both. Wilfred Wylie, 32, also of Buffalo, pleaded guilty to conspiracy to commit money laundering which is punishable by up to 20 years in prison, a $500,000 fine or both.
According to Assistant U.S. Attorney George C. Burgasser, who is handling the case, Franklin Richards supplied cocaine to the LRGP Gang which operates in the area of Lombard, Rother, Gibson and Playter Streets. Co-conspirator Wilfred Wylie was searched by security at the Buffalo Niagara International Airport and found with $112,00 in U.S. currency, money he intended to take to Houston, Texas for the purchase of cocaine. As a condition of their plea agreements, the two defendants will forfeit $219,000 in U.S. currency.
“This is certainly an important step in the Office’s ongoing prosecution of the LRGP case,” said U.S. Attorney Hochul. “Just two days ago, a federal grand jury handed up a superseding indictment naming the gang as a racketeering enterprise under federal law, and charging a total of 13 defendants with committing multiple acts of narcotics trafficking and violence as part of the enterprise’s and defendants’ activities. Today’s developments signify that this prosecution is moving forward at a rapid pace, while the investigation conducted by our law enforcement partners continues.”
The pleas are the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Christopher M. Piehota.
Sentencing for the defendants is scheduled for June 26, 2013 at 12:30 p.m. before Judge Arcara.
Three men charged in seperate cases with gun chargesRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that a grand jury has indicted three defendants in separate cases on firearms charges.
According to Assistant U.S. Attorney George C. Burgasser, who is handling the cases, Kevin Zimmerman, 23, and his brother, Jeffrey Zimmerman, 29, both of Cheektowaga, N.Y., are charged in separate indictments with being an armed career criminal in possession of a firearm. The charge carries a mandatory minimum penalty of 15 years in prison. According to previously filed complaints, the brothers were in possession of stolen firearms after being convicted of violent felonies which they then sold to local gun shops.
In addition, Jesse Reidy, 27, of Delavan, N.Y., is charged with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years.
According to a previously filed complaint, Reidy was on New York State parole for a felony conviction. The defendant fled after cutting off his electronic monitoring bracelet. In August 2012, law enforcement officers captured Reidy who was in possession of a firearms and more than 200 rounds of ammunition.“These cases demonstrate the commitment of this Office – working side by side with our law enforcement partners - to target for prosecution armed felons,” said U.S. Attorney Hochul. “While the Constitution certainly protects the right of law abiding citizens to keep and bear arms, those convicted of a felony forfeit that right.”
The indictments are the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the U.S. Marshal’s Violent Felony Fugitive Task Force, under the direction of Marshal Charles Salina and the New York State Parole Division, under the direction of Commissioner Jeffrey Fischer.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester woman sentenced for hUD fraudRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Debra Belcer, 58, of Rochester, N.Y., who was convicted of stealing government funds, was sentenced to three years probation and ordered to pay restitution in the amount of $22,609 by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated between July 2009 and July 2011, the defendant received Department of Housing and Urban Development (“HUD”) Section 8 rent subsidy benefits. To continue receiving the benefits each year, Belcer certified to HUD that she was the only adult living in her home and was the only individual in the household earning income. The government’s investigation in fact determined that the defendant had gotten married, that her husband was earning income, and that the defendant was not reporting all of her own earned income to HUD.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent in Charge Cary Rubenstein.Ransomville woman pleads guilty to marijuana conspiracy in niagara countyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Bonnie R. Gordon, 33, of Ransomville, N.Y., pleaded guilty to conspiring to possess and distribute over 100 kilograms of marijuana before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum five years in prison, a maximum of 40 years, a fine of $2,000,000, or both.
Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that Gordon was part of a group of individuals who smuggled and transported marijuana from Canada to the United States, often hidden inside the spare tire of a car. The car would then be driven to one of several locations in Niagara County where the marijuana was then distributed and sold to others. The defendant admitted that the marijuana conspiracy existed for more than seven years beginning sometime in 2002.
Gordon was arrested in December 2011 along with five others. She is the first defendant to be convicted.
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; the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division; the New York State Police, under the direction of Major Christopher Cummings; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Niagara County Sheriff's Department, under the direction of Sheriff James Votour; the United States Border Patrol, under the direction of Chief Border Patrol Agent Kevin W. Oaks; Customs and Border Protection, under the direction of James T. Engleman, Director of Field Operations; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in-Charge Edward T. Bradley; Toronto Police Service, under the direction of Chief William Blair; Niagara Regional Police, under the direction of Chief Jeffrey McGuire; Peel Regional Police, under the direction of Chief Jennifer Evans; Ontario Provincial Police, under the direction of Commissioner Chris Lewis; and the Canada Border Service Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region.
Sentencing is scheduled for July 1, 2013 at 12:30 p.m. before Judge Arcara.Jamestown Nurse arrested, charged with distributing oxycodoneRead the Press Release
BUFFALO, N.Y.---U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury returned a 17 count indictment charging Samilyn Olson, 46, of Jamestown, N.Y., with unlawfully distributing oxycodone, obtaining oxycodone through fraud, forgery and subterfuge and conspiring to do so. The conspiracy and distribution counts each carry a maximum sentence of 20 years in prison and a $1,000,000 fine. The remaining counts each carry a maximum sentence of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that Olson is a former nurse at the Veterans Affairs Community Based Outpatient Clinic, in Jamestown provides medical services to VA patients in the area. On eight occasions between May and September 2010, the defendant stole prescription forms from a nurse practitioner at the clinic, forged the nurse practitioner’s name and wrote prescriptions for oxycodone. The prescriptions were then filled by Olson or others at a local pharmacy in Jamestown, New York.
The defendant made an initial appearance this afternoon before Magistrate Judge J. Jeremiah McCarthy and was released.
The Indictment is the result of an investigation on the part of the Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Jeffrey G. Hughes, Northeast Field Office, the Veterans Affairs Police Department, under the direction of Chief Michael Messina, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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.
Chemung county man sentenced for possessing child pornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Thomas Mehegan, 62, of Elmira, N.Y., who was convicted of possession of child pornography, was sentenced to 72 months in and 12 years supervised release by U.S. District Judge David G. Larimer. Mehegan will also have to register as a sexual offender.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Mehegan was identified during a New York State Police online child exploitation investigation. Troopers executed a search warrant at the defendant's Elmira address in 2010 and seized several digital computers and hard drives which contained child pornography. Police then contacted the Elmira Office of the Federal Bureau of Investigation which continued the investigation.
During the investigation, law enforcement learned that, in addition to searching for and downloading images of child pornography, Mehegan also secreted a hidden camera in his home with the intent to surreptitiously record his adult step-daughter breast feeding her infant child. The defendant was convicted of unlawful surveillance in Chemung County for this conduct in 2010 and was recently released from state prison before being taken into federal custody. A forensic examination of his computers located over 13,000 images of child pornography. Some of the child pornography depicted violence against children as young as three years old.
The sentencing was the culmination of an investigation on the part of Special Agents of Federal Bureau of Investigation, Elmira Resident Office, under the direction of Special Agent in Charge Christopher M. Piehota, and Troopers from the New York State Police under the command of Superintendent, Joseph A. D'Amico.
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.Buffalo Man Convicted at Trial of a Gun ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jason Gladden, 26, of Buffalo, N.Y., was convicted of unlawfully possessing a firearm following a jury trial before U.S. District Judge Thomas J. McAvoy. The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.
According to Assistant U.S. Attorneys Michael L. McCabe and John M. Alsup, who handled the prosecution of the case, during the trial the government presented testimony that on October 6, 2010, a Buffalo Police Department Detective along with New York State Parole officers and United States Marshals located the defendant at 102 Freund Avenue in Buffalo. Gladden was on state parole at the time, and had absconded to this address. In the house, officers located a 12 gauge shotgun which the defendant claimed he possessed for home protection. Gladden was prohibited under federal law from possessing the firearm due to his prior felony conviction.
The conviction is the culmination of an investigation on the part of the New York State Parole Division, under the direction of Commissioner Brian Fischer, United States Marshal Service Violent Felon Fugitive Task Force, under the direction of Marshal Charles Salina, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.Sentencing is scheduled for July 8, 2013 at 9:00 a.m. before Judge McAvoy.
Two Defendants sentenced in credit card schemeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that David Pierleoni, 26, of Rochester, N.Y. and Cassandra N. Dehn, 27, of Willard, MO, who were convicted of offenses related to a wire fraud conspiracy were sentenced by U.S. District Judge David G. Larimer. Pierleoni, who was convicted of conspiracy to commit wire fraud and aggravated identity theft, was sentenced to 42 months in prison. Dehn, who was convicted of conspiracy to commit wire fraud, was sentenced to three years probation. Both defendants were ordered to pay restitution in the amount of $22,808.71.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendants, along with a third co-defendant, Victor Ortiz, conspired to obtain credit card information, including numbers, access codes and expiration dates, which were then used to make fraudulent purchases in Rochester. Defendant Dehn, an employee of a Comfort Inn and Suites hotel in Willard, Missouri, obtained personal credit card information of guests from the hotel's computer system, which she then transmitted to co-defendant Pierleoni, in exchange for $100. Pierleoni and Ortiz then used the information from Dehn to make unlawful purchases of high end liquor and food at Rochester businesses. The defendants knew that the credit card numbers had been assigned to other people and that they were not authorized to make purchases with the numbers. As a result of the fraudulent purchases, the local businesses incurred losses in excess of $20,000.
Defendant Ortiz was sentenced by Judge Larimer in January to 60 months in prison and he was also ordered to pay $22,808.71 in restitution.
The sentencings are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent In Charge Christopher M. Piehota and members of the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn.
Rochester man sentenced for his role in mark and hudson streets drug conspiracyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Keith “Kiki” Ruther, 34, of Rochester, who was convicted of conspiring to distribute cocaine, was sentenced to 151 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that Ruther sold cocaine and supplied cocaine to several associates of a street crew that controlled the drug trade in the area of Mark Street and Hudson Avenue in the city of Rochester for several years. Ruther also possessed a firearm in connection with the drug trafficking offense.
Much of the street level drug activity occurred in plain view on the sidewalk in front of the Hello Hudson Mini Mart at 519 Hudson Avenue, as well as surrounding street corners and parking lots. The group also utilized rental apartments and abandoned houses from which they stored and sold cocaine and crack cocaine on a daily basis. Law enforcement responded to repeated citizen calls for service to combat open the air drug sales and shootings in the general area of Mark and Hudson Streets.
“This case is yet another example of our Office’s commitment to ridding the streets of our community of those who would harm it,” said U.S. Attorney Hochul. “We stand ready, willing and able to assist our local partners in bringing the full weight of federal law enforcement against the most dangerous and violent criminals.”
The sentencing is the culmination of an investigation on the part of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney and the Rochester Police Department, under the direction of Chief James Sheppard.Members, associates of the bailey boys and LRGP gangs face murder and attempted murder charges in superseding indictmentsRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned two superseding indictments in the ongoing investigations into the Bailey Boys and LRGP, violent criminal gangs operating on Buffalo's East Side.
According to Assistant U.S. Attorney Anthony M. Bruce, who is handling the Bailey Boys case, a third superseding indictment charges Bailey Boys member Tyriq Brown, 20, of Buffalo, with the shooting and wounding of a rival gang member on July 29, 2011 on Kensington Avenue. It also charges Bailey Boys members Rayshod Washington and Raymel Weeder with the February 9, 2012 murder of Fred Rozier. According to the indictment, the murder involved a drug ripoff that went bad. Washington is also charged with racketeering for the January, 27 2012 robbery of an individual.
Based on this latest superseding indictment, members and associates of the Bailey Boys, who operate in an area of the City bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street, now stand accused of three murders, six shootings, including four drive-by shootings, a robbery that involved the shooting of a victim who survived and a shooting that occurred during a neighborhood party with numerous children present. To date, two defendants have been convicted.
A superseding indictment involving the LRGP Gang charges three additional members and associates with racketeering stemming from their participation in the illegal activities of the street gang on Buffalo's East Side. The illegal activities included cocaine trafficking and conspiracy to murder of rival gang members. Furthermore, 10 previously charged defendants are facing additional charges.
Defendants Gregory Scott, Fred Keys and Ranole Goodwin are each charged with racketeering. Previously charged with cocaine trafficking in July 2012, Dewayne Gray, John Evans, Alexis Mills, Philip Brown, John Hayward, Demario Devon Nance, Kiara McNamee, Erika Gray, Timothy Finch and Dayshawn Brazier are also charged with racketeering. The racketeering charge carries a maximum sentence of life in prison, a $10,000,000 fine or both. According to Assistant U.S. Attorney Michael McCabe, who is handling the case, LRGP is named after Lombard, Rother, Gibson and Playter Streets. Defendant Dewayne Gray was the leader of the LRG-P organization from 2009 until early 2012 and oversaw the sale of crack cocaine by various LRG-P members from gang-controlled residences on Memorial Drive, Sobieski Street and Meyers Street in Buffalo. In April 2011, LRG-P members also conspired to kill a rival gang member, Amir Chambers, who was shot and killed on April 21, 2011 on Mills Street in Buffalo. To date, three defendants have been convicted.
"This is yet another example of the Office's commitment to prosecuting the most violent and dangerous criminals operating in Buffalo," said U.S. Attorney Hochul. "Today's developments add to the over 140 gang members we've charged to date, individuals responsible for numerous murders, attempted murders and other acts of violence in our neighborhoods. And the community should know that these efforts will only continue."
"Our gang investigations continue to clear cold case homicides that may not have been solved otherwise," said Christopher M. Piehota, Special Agent in Charge of the Buffalo FBI Office. "Not only do we arrest gang members, but we can provide the victims' family members with some amount of closure. The FBI recognizes the need to stay involved with our community partners after we remove gang members from their neighborhoods."
The superseding indictments are the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita, III, the Homicide Bureau of the Buffalo Police Department, under the command of Captain Michael McCarthy and Police Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent in Charge Christopher M. Piehota, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, and the New York State Police, under the direction of Major Christopher Cummings.
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.
Alden man sentenced for distrubution and receipt of child pornography; obstruction of justiceRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Chad A. Salvatore, 40, of Alden, N.Y., who was convicted of distribution of child pornography, receipt of child pornography, and obstruction of justice, was sentenced to 20 years in prison and lifetime supervised release by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between December 2, 2010 and December 15, 2010, an agent with Immigration and Customs Enforcement, Homeland Security Investigations, downloaded graphic child pornography over the internet using a private peer-to-peer software program from a user who was later identified as the defendant. In addition, on December 15, 2010, Salvatore distributed child pornography to an FBI agent in Rochester, N.Y., as well as an agent with the Colorado Internet Crimes Against Children Task Force.
During the investigation, it was also determined that on June 1, 2010 and July 11, 2010, Salvatore received child pornography from other individuals via email. Following the defendant’s distribution of child pornography, a search warrant was conducted at his residence on December 17, 2010. The defendant was not present at the time of the search warrant, but subsequently admitted that after being made aware of the search warrant, he destroyed a digital media device by snapping it in half.
At the time of his arrest, it was revealed in court that the defendant was a foster parent to a young teenage child, despite having been convicted of molesting three children when Salvatore himself was a teenager.
"This case demonstrates the need for any social service agency that places children in home settings to have full access to the criminal history of the prospective care givers," said U.S. Attorney Hochul. "It also demonstrates that if you attempt to take advantage of, or in any way further the victimization of children, you will be prosecuted and could be sentenced to multiple years behind bars."
“This sentence should serve as a warning to those who are involved in any way with the distribution of child pornography," said James C. Spero, Special Agent in Charge for HSI Buffalo. "HSI will ensure this type of criminal activity is aggressively pursued and child predators are held accountable for their despicable behavior."
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent-In-Charge.
Two Brothers charged with defrauding the department of veterans affairsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Raymond Testa, 60, of Rochester, N.Y., and Gerald Testa, 55, of Ontario, N.Y., were arrested and charged by criminal complaint with major fraud against the United States. The charge carries a maximum penalty of 10 years in prison, a $1,000,000 fine or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendants own and operate Testa Construction Inc. Starting in approximately 2008, the brothers started a second business and represented it to be a Service-Disabled Veteran Owned Small Business, when in fact it was not. In order to qualify as a Service-Disabled Veteran Owned Small Business, one must be a veteran with a service connected disability. The complaint further alleges that the defendants applied for and received government contracts from the Department of Veteran Affairs, which were set aside for the Service-Disabled Veteran Owned Small Business program, totaling approximately $13,000,000, funding that they would not otherwise be entitled to.
"These defendants stand accused of pretending to be disabled service veterans," said U.S. Attorney Hochul. "In doing so, the defendants deprived other small business owners of financial opportunities which the Service-Disabled Veteran Owned Small Business program is specifically designed to assist."
The complaint is the culmination of an investigation by Special Agents from the United States Department of Veterans Affairs - Office of Inspector General, under the direction of Special Agent In Charge Jeffrey G. Hughes, and Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
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.
Tonawanda man sentenced on child pornography chargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Andrew Ortman, 40, of Tonawanda, N.Y., who was convicted of distribution of child pornography, was sentenced to 10 years in prison and 20 years supervised release by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that on October 22, 2011, law enforcement officers using an undercover computer downloaded eight video files from Ortman's computer that contained child pornography. Officers then obtained a search warrant for the defendant's home and seized his computer. A forensic examination determined that Ortman possessed, received and distributed in excess of 600 images and videos of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent-In-Charge.
Rochester man pleads guilty in copyright infringement caseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Eugene DeBerger, 60, of Rochester, N.Y., pleaded guilty to infringement of copyright for purposes of private financial gain before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling 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 plea is the culmination of an investigation on the part of the Special Agents from Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent in Charge.
Sentencing is scheduled for May 29, 2013, at 3pm before Judge Geraci.Top federal attorneys commemorate golden anniversary of historic right to counsel caseRead the Press Release
March 18 marks the 50th anniversary of Gideon v. Wainwright, the landmark Supreme Court decision which held that every citizen charged with a serious offense has the right to an attorney at state expense if he or she cannot afford one. In Gideon, the Court for the first time declared it to be “an obvious truth…that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided to him.”
Attorneys in the U.S. Attorney’s Office and the Federal Public Defender’s Office routinely appear in criminal cases here in the Western District of New York. Although often adversaries, today, as the head of our respective offices, we write to express our wholehearted agreement with the Court’s decision in Gideon and celebrate the profound importance of this decision. For over two hundred years, our Constitution’s Sixth Amendment has guaranteed the right to assistance of counsel in a criminal case. Yet, it was not until 1963, that text was read to require the State to pay for an attorney for those who could not afford one. In Gideon, the Supreme Court recognized that the very integrity of our criminal justice system, and the public’s continuing faith in it, depends on effective representation for both the prosecution and defense.
Aside from being morally untenable, a deprivation of the right to the effective assistance of counsel is economically unsustainable. Every taxpayer should be seriously concerned about the systemic costs of inadequate defense for the poor. When the justice system fails to get it right the first time, we all pay, often for years, for new filings, retrials, and appeals. The cost of a wrongful conviction on the accused, his family and the integrity of our system of justice is immeasurable.
And let us also not forget that our country was founded on the notion that all persons possess unalienable, fundamental rights, including life and liberty. For our criminal justice system to truly ensure that “all are equal before the law,” any failure to safeguard those rights when a person is charged with a crime is an affront not only to the accused but to all of us as Americans.
So on March 18, join us in celebrating the Constitutional right of all citizens to the assistance of counsel and the recognition in Gideon, “that this noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.” As the Rev. Martin Luther King, Jr. once stated, "Injustice anywhere is a threat to justice everywhere." While we often, indeed usually, take opposing positions as litigants in court, one belief that we share is that the Gideon decision advanced justice not only for criminal defendants but for all Americans.ABOUT THE AUTHORS:
Marianne Mariano is the Federal Public Defender for the Western District of New York. Attorneys in her Office and private attorneys willing to accept court assignments under the Criminal Justice Act, represent the indigent citizens accused of federal crimes in the seventeen westernmost county in New York.
William J. Hochul, Jr. is the United States Attorney for the Western District of New York. He is the chief Federal Law Enforcement Officer for seventeen counties, and is responsible for overseeing the prosecution of all federal criminal offenses in this area. The Office also represents the United States in all civil matters in which the United States is a party.Illinois man pleads guilty to failing to register as a sex offenderRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul. Jr. announced today that Marcus Tunstall, 38, formerly of St. Louis, Illinois, pleaded guilty to failing to register as a sex offender before U.S. District Judge Frank P. Geraci, Jr. 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 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 plea is the culmination of an investigation on the part of the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for May 30, 2013 at 3:00 p.m. before Judge Geraci.
Greece Woman indicted for supplying guns used in christmas eve shootingRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester returned a three-count indictment charging Dawn Nguyen, 24, of Greece, N.Y., with knowingly making a false statement in connection with the purchase of firearms; selling and disposing of firearms to William Spengler, a known felon; and possession of firearms while being an unlawful user of marijuana. The indictment involves firearms that were used in the Christmas Eve shooting that resulted in the deaths of Webster Police Lt. Michael Chiapperini and Firefighter Tomasz Kaczowka, and seriously injured Firefighters Theodore Scardino and Joseph Hostetter. Each charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00, or both.
Assistant U.S. Attorney Bret A. Puscheck, who is handling the case, stated that according to the indictment, on June 6, 2010, Nguyen made false statements during the purchase of a Bushmaster semiautomatic rifle and a Mossberg 12 gauge shotgun from Gander Mountain in Henrietta, N.Y., in order to acquire the firearms on behalf of William Spengler, Jr. The indictment further alleges that the defendant gave the firearms to William Spengler with the knowledge that he was a convicted felon. The indictment also alleges that Nguyen herself unlawfully possessed the firearms at a time when she was an unlawful user of marijuana.
“While there is no allegation that this defendant was aware that William Spengler would kill two first responders, and seriously injure two others, the fact remains that the defendant stands accused of providing the guns that Spengler used for these purposes,” said U.S. Attorney Hochul. “Given the serious nature of these charges, our Office will push to prosecute this defendant as expeditiously as possible. This case should serve as a warning to any individual who attempts to facilitate the actions of a criminal that you too will be vigorously prosecuted to the fullest extent of the law.”
The indictment is the culmination of an investigation on the part of the Webster Police Department, under the direction of Chief Gerald Pickering, the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Joseph Anarumo, the New York State Police, under the direction of Major Mark Koss, and the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn.
The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Florida Man Pleas Guilty to conspiring to kill federal judgeRead the Press Release
BROOKLYN, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Dejvid Mirkovic, 38, of Lake Worth, Florida, pleaded guilty before U.S. District Judge John Keenan, to a felony charge of conspiring to murder the U.S. District Judge (the “federal judge”) who presided over the boiler room fraud conviction of Mirkovic’s coconspirator, a close business associate. Mirkovic and his coconspirator agreed to pay $40,000 to an undercover police officer, who they thought was a hit-man, to kill the federal judge as well as the Assistant U.S. Attorney (the “federal prosecutor”) who successfully handled the coconspirator’s fraud prosecution. Mirkovic paid the undercover officer $22,000 in cash as a down payment for the murders of the federal judge and the federal prosecutor. Conspiring to murder a federal employee on account of the performance of official duties carries a maximum penalty of life in prison, a fine of $250,000, or both. Additionally, Mirkovic agreed to the forfeiture of over $200,000, a car and four firearms.
According to case filings, law enforcement authorities learned of the plot in August 2012, when a confidential informant reported that the coconspirator stated he wanted to torture and kill the judge and the federal prosecutor and asked the informant for assistance in arranging for a hit-man to carry out the murders. During the subsequent investigation, two undercover law enforcement officers, posing as hit-men, met with Mirkovic and the coconspirator numerous times at locations on Long Island, including at the Nassau County Correctional Center (“NCCC”), where the coconspirator was being held. At one of the first meetings, the coconspirator offered to pay one of the undercover officers $3,000 to assault an individual with whom the coconspirator had a financial dispute. Mirkovic then met with one of the undercover officers and paid him $1,500 as a down payment for the assault. After one of the undercover officers showed proof of the purported assault of John Doe – in fact, a staged photograph and an identification card for John Doe – Mirkovic paid the undercover officer the $1,500 balance.
Later that same day, Mirkovic met with the undercover officer, relayed the coconspirator’s instructions to murder the federal judge and federal prosecutor, and offered $40,000 for commission of the two murders. Mirkovic also gave the undercover officer a $12,000 down payment and paid an additional $10,000 the following week. Mirkovic promised payment of the final $18,000 upon confirmation of the murders. At the time of Mirkovic’s arrest at his home in Lake Worth, Florida, law enforcement officers recovered $18,000 in cash and a loaded 9mm semi-automatic handgun.
At today’s guilty plea proceeding, Mirkovic admitted under oath that he agreed to kill the federal judge and the federal prosecutor in retaliation for the performance of their duties. Mirkovic further admitted under oath that he traveled to the Eastern District of New York in September and October of 2012 and made payments for the murders.
The plea was the latest step in an investigation on the part of Special Agents of the Federal Bureau of Investigation, New York Office, under the direction of Assistant Director-in-Charge George Venizelos. The government’s case is being prosecuted by Assistant United States Attorneys Marshall L. Miller, Una A. Dean, and Brian Morris of the Eastern District of New York, under the supervision of U.S. Attorney William J. Hochul of the Western District of New York.Sentencing is scheduled for June 19, 2013, at 3 p.m. EST, in U.S. District Court, Brooklyn, in front of Judge Keenan.
Webster Man Sentenced for Enticing a MinorRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Joshua Stewart, 24, of Webster, N.Y., who was convicted of enticing a minor to perform sexual acts, was sentenced to 87 months in prison and 20 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney John J. Field, who handled the case, stated that on two separate occasions in 2010, the defendant used his cell phone to send texts to a 13 year old girl to entice her to have sex with him.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the New York State Police, Troop E, under the direction of Major Mark Koss.
Three Buffalo Men Arrested; Accused of Possessing and Distributing Cocaine and Crack CocaineRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mashi Phillips, 38, Isaiah Washington, 27, and Rayshawn Minter, 34, all of Buffalo, are charged with possession with intent to distribute and distribution of cocaine and crack cocaine. Phillips is also charged with conspiracy to distribute cocaine. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both.
Assistant U.S. Attorney Frank T. Pimintel, who is handling the case, stated that according to the complaints, the defendants distributed quantities of cocaine in parts of the City of Buffalo including French Street and Box and Glenwood Avenues. Between November 2012 and March 2013, the defendants each sold cocaine or crack cocaine.
The complaints are the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Leader of Wayne county-NYC cocaine Ring Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul Jr. announced today that Richard Crego, a/k/a Ricky, 25, of New York City, who was convicted of conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine, was sentenced to 13 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that the defendant was the leader of group of cocaine and crack cocaine distributors in Wayne County that obtained cocaine through Crego and his former prison associate, James Brome. The defendant and Brome arranged for the delivery of kilograms of cocaine from New York City to Wayne County, where the kilograms were processed, weighed, packaged, and resold in various quantities by various distributors.
In November 2010, as part of a lengthy, joint state and federal wiretap investigation, multiple search warrants were executed in Wayne County. The investigation netted over 1.9 kg of powder cocaine, 15 grams of crack cocaine, distribution paraphernalia, a 12 gauge shotgun, a .22 caliber rifle, a .25 caliber pistol, a 9mm pistol, and over $32,000 in U.S. currency. Crego was arrested along with six others in February 2011, all seven have been convicted. Brome was sentenced to 17 years in prison on February 26, 2013.
The sentencing is the culmination of an investigation conducted by the Wayne County Narcotics Enforcement Team under the direction of John Colella, Chief of the Town of Macedon Police Department and Robert Hetzke, Chief Deputy of the Wayne County Sheriff’s Office, the Wayne County Sheriff’s Office under the direction of Sheriff Barry Virts, the New York State Police, under the direction of Lieutenant Martin E. McKee, the Rochester Office 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 Wayne County District Attorney’s Office, under the direction of Richard Healy.
Pennsylvania Man Sentenced for Possesion of child PornographyRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Graham Godbey, 25, of Allentown, Pennsylvania, who was convicted of possession of child pornography, was sentenced to two years in prison and five years supervised release by
U.S. District Court Judge Richard J. Arcara.Assistant U.S. Attorney Fauzia K. Mattingly, who handled the case, stated that on June 29, 2010, the defendant attempted to enter Canada from the United States at the Peace Bridge. During an inspection of Godbey's vehicle by the Canada Border Services Agency, officers recovered a laptop computer which contained images of child pornography.
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 result of an investigation being handled by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Niagara Regional Police, under the direction of Chief Jeffrey McGuire.Elmira Woman sentenced for filing false tax returnsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Dawn White, 28, of Elmira, N.Y., who was convicted by a federal jury of conspiracy and filing false federal income tax returns, was sentenced by U.S. District Court Judge Charles J. Siragusa to 33 months in prison and ordered to pay $67,926 in restitution to the Internal Revenue Service.
Assistant U.S. Attorney Richard A. Resnick, who handled the trial of the case, stated that in 2005 and 2006, White and her sister Jennifer Ford, filed several false income tax returns with the IRS and New York State. Specifically, White and her sister filed tax returns which contained false wage and tax withholding information that resulted in tax refunds to which Ford knew she was not entitled.
For example, for the 2005 tax year, White submitted an income tax return claiming to have earned $94,000 from General Revenue Corporation with $39,000 withheld in federal taxes. In actuality, the defendant earned only approximately $4,000 from General Revenue Corporation and had only $325 in taxes withheld from her earnings. As a result, White received a refund from the IRS in the amount of approximately $21,000. In total, 13 false tax returns were filed, resulting in a loss of approximately $100,000 to the IRS.
Jennifer Ford was convicted of conspiracy and filing false income tax returns in January 2012 and will be sentenced on March 26, 2013.The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni Weirauch, Special Agent-In-Charge, New York Field Office.
Steuben County Woman charged with Kidnaping Woman and Her 6 Month-old DaughterRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Billie Jo Ribble, 35, of Bath, N.Y., was arrested and charged by criminal complaint with kidnaping a mother and her six-month old child. The charges carry a mandatory minimum sentence of 20 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, the defendant abducted a mother and her six month-old child in Pennsylvania on March 1, 2013. At that time, Ribble was wanted by the Steuben County Sheriff's Office on charges of burglary and grand larceny, in relation to a residential burglary that occurred in October 2012. On March 1, investigators from the Steuben County Sheriff's Office and Pennsylvania State Police located and arrested Ribble in Mansfield, Pennsylvania. After being remanded to the Tioga County Jail in Pennsylvania, Ribble, who is pregnant, was taken to the hospital in Wellsboro, Pennsylvania, for treatment in the maternity ward. While there, the defendant became violent, assaulted a Tioga County Corrections Officer who was assigned to guard her, and escaped the hospital by climbing out a window.
Later on March 1, a woman and her six month-old daughter were asleep in the basement bedroom of a residence in Wellsboro. At 11:30 p.m., the woman was awakened by Ribble, who was standing over her daughter's crib holding a large butcher's knife. The defendant picked up the child, while still holding the knife, and threatened to kill the woman, her child, and herself, if the woman did not take Ribble where she wanted to go. Thereafter, the woman got into the driver's seat of her car and Ribble got into the front passenger seat, still holding the woman's daughter and the butcher's knife. At the direction of Ribble, the woman drove from Pennsylvania to an exit off Route 15 in Lindley, New York, where the defendant was dropped off. The woman then drove to a gas station in Pennsylvania and called police. After urgent investigation by the Steuben County Sheriff's Office and the New York State Police, the defendant was located at her boyfriend's residence in Corning, New York. Ribble initially barricaded herself in the attic, but eventually surrendered to authorities without incident.
The complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, the Steuben County Sheriff's Office, under the direction of Sheriff David Cole, the New York State Police, under the direction of Major Mark Koss, the Pennsylvania State Police, under the direction of Commanding Officer, Captain David J. Young, and the Wellsboro (Pennsylvania) Police Department, under the direction of Chief Jim Bodine.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced for Role in Drug ConspiracyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Angel Gonzalez, 28, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 97 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Jennifer M. Noto and Robert A. Marangola, who handled the case, stated that between June 2011 and June 2012, the defendant participated in an armed drug conspiracy operating in the Rochester, New York area. Gonzalez and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine and crack cocaine throughout the Rochester area. The investigation involved court-authorized wire taps and resulted in the arrest of nine related defendants. To date, eight of the nine defendants have been convicted. Angel Gonzalez is the first defendant to be sentenced in connection with this armed drug distribution ring.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Scott Heagney and Investigators of the Rochester Police Department, under the direction of Chief James Sheppard.Brockport Financial Advisor Arrested; Charged with FraudRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eduardo Galan, 62, of Brockport, N.Y., was arrested and charged by criminal complaint with 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 according to the complaint, Galan ran a financial services business under various names, including S&G Unlimited Services. Operating as S&G Unlimited Services, the defendant devised a scheme to defraud multiple clients out of hundreds of thousands of dollars over a period of more than 10 years. Specifically, Galan promised his clients that he would invest their money in private mortgages, but instead used their money for personal and business expenses and to pay earlier investors in a Ponzi-type scheme.
Galan made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. The defendant is due back in court on March 14, 2013.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced for Distributing Child PornographyRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Joseph Hicks, 45, of Rochester, N.Y., who was convicted of distribution of child pornography, was sentenced to 108 months in federal prison and 20 years of supervised release by U.S. District Judge Charles J. Siragusa. Hicks will also have to register as a sexual offender.
Assistant U.S. Attorney Craig R. Gestring, who handled the prosecution, stated that Hicks was identified by federal agents conducting an undercover child pornography investigation. They executed a search warrant at the defendant’s Rochester residence and seized his computer which contained almost 15,000 images and over 400 movies depicting child pornography. Some of the child pornography images included violence against children, some as young as infants. Law enforcement officers also recovered hundreds of chats between Hicks and other online users from around the world during which he offered to trade child pornography with them. The defendant also gave these other users advice on how to conceal their online activities and how to evade detection by law enforcement.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent In Charge James C. Spero.Williamsville Man Indicted on Wire Fraud ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a six-count indictment charging Nicholas Mussolini, 30, of Williamsville, N.Y., with running a loan scheme which resulted in at least one victim suffering a financial loss of over $300,000. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to the indictment, the defendant ran Preston Waters Corporation, a company which purported to be able to obtain large loans for other companies. Mussolini represented to victim companies that a deposit was required in order to secure loans on their behalf. As part of this scheme, a company known as Knob Hall Winery gave over $400,000 to the defendant, as a deposit for an approximately $11,000,000 loan. The defendant did not use this money to obtain a loan for Knob Hall Winery and instead used the funds for personal and other expenses, and to repay other victims of the fraud scheme.
The indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
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.