Western District of New York
Press releases recorded for this federal judicial district.
Mexican National Sentenced for Unlawfully Entering the United StatesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Maximo Arrelano Tenango, 31, of Morelos, Mexico, who was convicted of being an alien found in the United States after deportation following a felony conviction, was sentenced by U.S. District Judge David Larimer to 16 months in prison. The defendant will be turned over to immigration authorities for deportation proceedings following the completion of his sentence.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant came to the attention of federal immigration officials following his arrest in November 2011 for stabbing two people in Yates County. Arrelano Tenango pleaded guilty to that offense and was sentenced to one year in the Yates County Jail. Homeland Security Agents took federal custody of the defendant upon his release from jail.
Arrelano Tenango is a Mexican national who was unlawfully in the United States. He was arrested by immigration officials and physically removed from the United States on five previous occasions. The defendant was also convicted in federal court in 2010 for the felony crime of being unlawfully present in the United States following deportation.
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.
Buffalo Man Sentenced for Selling Prescription DrugsRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that DeShawn McLorn, 39, of Buffalo, N.Y., who was convicted of conspiring to distribute OxyContin pills, was sentenced by Chief District Judge William M. Skretny to 57 months in prison.
According to Assistant U.S. Attorney Michael L. McCabe, who handled the case, in 2009 and 2010, McLorn distributed approximately 1,000 Oxycontin tablets at a location on Strauss Street in Buffalo. The defendant obtained these tablets from codefendant Michael McCall who was sentenced to nine years in prison for his role on January 8, 2012.
McLorn was arrested along with 33 others following a long-term investigation into the widespread illegal sale of prescription drugs in the City of Buffalo and its eastern suburbs. All 34 defendants have been convicted and McLorn is the final defendant to be sentenced.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Brian R. Crowell, New York Field Division, the New York State Police, under the direction of Major Christopher Cummings, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Cheektowaga Police Department, under the direction of Chief David Zack, the West Seneca Police Department, under the direction of Chief Edward Gehen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.
Buffalo Man Sentenced for Leading a Prescription Drug RingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael McCall, 60, of Buffalo, N.Y., who was convicted of conspiring to distribute OxyContin pills, was sentenced by Chief U.S. District Judge William M. Skretny to nine years in prison.
According to Assistant U.S. Attorney Michael L. McCabe, who handled the case, McCall maintained a continuing criminal enterprise as the organizer and manager of a large-scale distribution network for OxyContin in the City of Buffalo in 2009 and 2010. During this time, McCall coordinated the supply of OxyContin by organizing a series of individuals who obtained prescriptions from local physicians and then sold the tablets to the defendant. McCall often times directed these individuals to obtain OxyContin tablets, and the defendant then met them at a particular time and place to pick up the tablets. McCall also instructed individuals about how to approach their physicians to obtain the OxyContin prescriptions. After successfully obtaining OxyContin tablets from the members of his drug-trafficking organization, McCall then supplied the tablets to distributors for further resale, particularly in the East Eagle and Strauss Street areas in Buffalo.
McCall was arrested along with 34 others on July 14, 2010. A total of 33 defendants have been convicted.
"This case removed a significant supply of illegal prescription drugs from the streets of our community," said U.S. Attorney Hochul. "But it also removed a significant number of defendants who defrauded medical personnel to get the pills and then sold the tablets in our neighborhoods. Our Office has shined the spotlight on this illegal activity over the last few years. Working with our law enforcement partners at all levels, we will not only continue to prosecute those attempt similar actions but we will also continue toeducate the public about the dangers of prescription drugs when used without the guidance of a medical professional."
U.S. Attorney Hochul further stated "Together with our law enforcement partners, our Office used numerous tools to completely dismantle this organization including the federal drug kingpin law. The public will also recall that this case was first brought just as the dangers of prescription pill abuse was just becoming known."
"From the suburbs to the city, the arrest of Michael McCall shut down a drug organization supplying thousands of illegally diverted pain medications to New Yorkers, especially in the East Eagle and Strauss Street locale," state DEA Special Agent in Charge Brian R. Crowell. "Operated like a ponzi business, each level of operations had a function to falsify pain to doctors in order to get prescriptions for pain medication ultimately sold to McCall who distributed it throughout our community feeding the primary drug threat to America, opiate and heroin abuse. As a reminder of the dangers of abusing pain medication, according to the National Survey on Drug Use and Health, accidental overdose deaths caused by opiates surpass deaths resulting from automobile accidents."
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Brian R. Crowell, New York Field Division, the New York State Police, under the direction of Major Christopher Cummings, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Cheektowaga Police Department, under the direction of Chief David Zack, the West Seneca Police Department, under the
direction of Chief Edward Gehen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.Niagara Falls Man Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Wally Reynolds, 36, of Niagara Falls, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to conspiracy to possess with intent to distribute, and to distribute, 100 kilograms of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $2,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Reynolds supervised other individuals in a drug conspiracy who imported marijuana from Canada into the United States. The defendant then distributed the marijuana to his customers in the United States.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for May 6, 2013 at 12:30 p.m. before Judge Arcara.
Rochester Man Pleads Guilty in Large Tax Refund SchemeRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Juan Marie Delvalle, 25, of Rochester, N.Y., pleaded guilty before U.S. District Court Judge David G. Larimer to conspiracy to commit tax fraud in connection with a large, nationwide tax refund scheme. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from February 1, 2011 to October 31, 2011, the defendant was involved in a scheme to obtain income tax refunds by the filing of fraudulent federal income tax returns with the Internal Revenue Service. Specifically, stolen identities were utilized to file the fraudulent returns. In addition, the wages and related tax withholdings reported on the returns were fabricated in order to obtain refunds. Most of the returns were filed in the names and social security numbers of individuals residing in Puerto Rico without their knowledge. The refund checks
issued as a result of the fraudulent returns were sent to various addresses in Rochester and other locations in the country.A total of 8,336 returns were filed by a company in Bronx, New York claiming refunds totaling $45,768,391. Refunds totaling $3,321,542.00 for 590 of the returns were sent by the IRS to various locations in the Rochester area. Delvalle retrieved the refund checks sent to Rochester and then forwarded the money to individuals in the New York City area who were responsible for filing the false tax returns.
The plea is the culmination of a joint investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni Weirauch, Special Agent in Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
Canadian Man Pleads Guilty to Making False StatementsRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Abdi Ali Kulmie, 47, of Toronto, Ontario, pleaded guilty to making false statements to a Customs and Border Protection Officer before Chief U.S. District Court Judge William M. Skretny. The charge carries a maximum sentence of five years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on October 27, 2012, the defendant attempted to enter the United States from Canada at the Peace Bridge. When questioned by Customs and Border Protection officers, Kulmie indicated he was a Somalian citizen, not a citizen of Canada. In fact, the defendant became a naturalized Canadian citizen in the early 1990's and is an Ethiopian.
The plea is the culmination of an investigation by Customs and Border Protection, under the direction of James T. Engleman, Director of Field Operations.