Western District of New York
Press releases recorded for this federal judicial district.
Webster woman charged with defrauding MedicaidRead the Press Release
ROCHESTER, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that Ashley Jackson, 36, of Webster, NY, was arrested and charged by criminal complaint with health care fraud. The charge carries a maximum penalty of five years in prison and a $250,000.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, Jackson was the sole owner of Roc City Transport in Webster. Between February 2018, and November 2022, Jackson and others submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation they allegedly provided in connection with their transportation services. Jackson submitted reimbursement claims for Medicaid transportation trips that were not actually performed, individual rides were billed as group rides, and kickbacks were paid to recipients to drive themselves to an appointment rather than Roc City. Most of the Medicaid beneficiaries using Roc City were being transported to methadone clinics in Rochester, NY, up to six days a week. Roc City is accused of fraudulently billing Medicaid for approximately $40,123.29.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
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.
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Rochester man pleads guilty to arsonRead the Press Release
ROCHESTER, N.Y. – Acting U.S. Attorney Joel L. Violanti announced today that Jermaine Fields, 38, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to arson, which carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on April 17, 2024, the Rochester Fire Department received an alarm call from the Abundance Co-Op Market on South Avenue in Rochester, for a fire in the men’s bathroom. When firefighters arrived, they entered the bathroom and smelled an odor of burning rubber, but there were no flames visible. Firefighters did observe burned debris with burn patterns on the floor and on the wall behind the toilet. Law enforcement reviewed security camera footage from the store, which depicted a person later identified as Fields, walking throughout the store and entering the men’s bathroom and then exiting. The store fire alarm activated seconds later. Fields was arrested several days later and charged with arson. Fields has also admitted to starting papers on fire in one of the stairwells at the Hall of Justice on Exchange Boulevard in Rochester on April 5, 2024.
The plea is the result of an investigation by the Rochester Fire Department, under the direction of Chief Stefano Napolitano, the Rochester Police Department, under the direction of Chief David Smith, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division.
Sentencing is scheduled for June 16, 2025, at 9:30 a.m. before Judge Siragusa.
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Lackawanna man pleads guilty to defrauding MedicaidRead the Press Release
BUFFALO, N.Y. – Acting U.S. Attorney Joel L. Violanti announced today that Munef Fadhel, 37, of Lackawanna, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to health care fraud, which carries a maximum penalty of 10 years, and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that between June 2017, and December 2020, Fadhel defrauded the Medicaid program. Fadhel was an owner of Great Lake Transportation, Inc., a transportation company that provided rides to Medicaid beneficiaries. While working at Great Lake Transportation, he knowingly submitted multiple false and fraudulent records seeking transportation reimbursement for trips. Fadhel submitted claims for shared rides which he certified as individual rides in order to claim a higher reimbursement amount. This resulted in a loss to Medicaid in excess of $95,000.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris.
Sentencing is scheduled for August 19, 2025, at 10:00 a.m. before Judge Sinatra.
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Jamestown man going to prison for his role in narcotics conspiracyRead the Press Release
BUFFALO, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that Kyle Lewis, 33, of Jamestown, NY, who was convicted of narcotics conspiracy, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that Lewis sold heroin and fentanyl, which he received from co-defendants Holly Berenguer, Richard Philbrick, and Joseph Zaso. He used electronic media to carry out his drug trafficking activities, including Facebook and CashApp. In March, June, and July of 2022, investigators conducted five controlled purchases of narcotics from Lewis.
Defendants Berenguer, Philbrick, and Zaso were previously convicted and are awaiting sentencing.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
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WNY Medical agrees to pay $250,000 to resolve allegations of improper Medicare billing for chronic care management servicesRead the Press Release
BUFFALO, N.Y. – Acting U.S. Attorney Joel L. Violanti announced today that Western New York Medical P.C. has agreed to pay $251,477 to resolve False Claims Act allegations that it submitted false claims to federal health care programs related to billing for chronic care management services.
Assistant U.S. Attorney David M. Coriell, who handled the case, stated that WNY Medical is a health care provider with locations in Erie and Niagara Counties. The Government alleges that between January 1, 2020, and March 31, 2023, WNY Medical submitted claims to Medicare for Chronic Care Management encounters using current procedural terminology, which requires that clinical staff provide at least 20 minutes of services per month. However, for a portion of these encounters, WNY Medical failed to provide at least 20 minutes of clinical staff time during the month in which WNY Medical billed Medicare for the services.
“The financial integrity of the Medicare program depends on providers accurately and truthfully reporting the services that they are providing,” said Acting U.S. Attorney Violanti. “This office is committed protecting the integrity of the Medicare program by holding providers accountable when they seek payments for which they are not entitled.”
The resolution of this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of New York and the U.S. Department of Health and Human Services Office of Inspector General.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Former Western New York man pleads guilty to perjury for lying while testifying during his fraud trialRead the Press Release
BUFFALO, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that Michael W. Luehrsen, 41, of Miami, Florida, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to perjury, which carries a maximum penalty of five years in prison. As part of his plea, Luehrsen has agreed to pay approximately $2-million dollars in restitution and forfeit approximately $2-million dollars in assets, including investments and real estate proceeds.
Assistant U.S. Attorneys Charles M. Kruly and Grace Carducci, who is handling the case, stated that in February 2022, Luehrsen testified under oath in his previous jury trial before the United States District Court for the Western District of New York as follows:
Q. Mike, I want to start by talking about your dad. You told Mr. Kruly that on the days that those prescriptions were faxed you were not in town, is that what you said?
A. That’s correct.
Q. Can you tell the jury, where were you?
A. On June 27, 2014, I was actually in California visiting Cornerstone Pharmacy with two physicians. On July 11, of 2014, I was in Boston, Massachusetts.
Q. And how do you remember that?
A. I have photographs from my phone showing me in those particular cities.
Evidence from Luehrsen’s cellular telephone shows that the testimony quoted above was false. Photographs on the cell phone establish that he was, in fact, in Buffalo on July 11, 2014. In addition, telephone records and financial records established that Luehrsen was in Buffalo on that date. At the time of this testimony, Luehrsen was being tried for, among other crimes, conspiring to commit health care fraud. It was a matter material to the trial whether or not Luehrsen was in Buffalo when an altered compound prescription form was faxed from his father’s home located in the Western District of New York.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for June 27, 2025, before Judge Vilardo.
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U.S. Attorney Ross outlines her accomplishmentsRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross became the United States Attorney on October 11, 2021. Nominated by President Joseph R. Biden, Jr. on July 26, 2021, and unanimously confirmed by the Senate on September 30, 2021, she became the first black woman to hold the position in the Western District of New York.
“It has been the honor of a lifetime to serve in this position as the top law enforcement officer in the Western District of New York, my home, where I was born and raised and have spent the majority of my life.” U.S. Attorney Ross said. “And serving in this particular office was also special because I started my career as a federal prosecutor here, in 1995.”
As U.S. Attorney for the 17 counties in the Western District of New York, Ms. Ross’s accomplishments are wide ranging. Cases involving approximately 1178 defendants were resolved during her tenure, including several high-profile cases:
U.S. v. Robert Morgan
U.S. v. Joseph Bongiovanni
U.S. v. Peter Gerace
U.S. v. David Jakubonis
U.S. v. Abughanem
Ms. Ross also oversaw the filing of charges in multiple new cases, including addition high profile cases, of national and international interest, including:
U.S. v. Payton Gendron
U.S. v. Hadi Matar
U.S. v. Brandon Washington
Under Ms. Ross’s tenure, the violent crime rate decreased in several Western District of New York counties, including Erie and Monroe Counties, home to the Cities of Buffalo and Rochester.
In addition, approximately 120 appellate briefs were filed and 75 appellate oral arguments handled while Ms. Ross was U.S. Attorney, resulting in a near perfect rate of affirmations by the United States Court of Appeals for the Second Circuit, notably:
U.S. v. Richard Leon Wilbern
U.S. v. George Moses
In civil matters, between 2022 and January 2025, approximately $80,000,000 was collected in criminal, civil and forfeiture actions. That funding collected is given to victims of crime, and provided as aid to state and local law enforcement agency partners who worked with the United States Attorney’s Office on criminal cases. And Ms. Ross oversaw the largest settlement in the history of the District with a $98,000,000 settlement with Independent Health.
In March, 2022, Ms. Ross was one of the first 12, of 93, United States Attorney’s to be selected to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC), which she served on until her term ended after a year and a half. The AGAC advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies. In addition, Ms. Ross was also selected as the Chairperson for the AGAC sub-committee on Law Enforcement Coordination, Victim Assistance and Community Relations (LEVC). In this role, Ms. Ross lead the sub-committee that advised the Attorney General on matters involving law enforcement, victim assistance, and community relations. In June, 2023, Ms. Ross hosted the LEVC meeting in Buffalo, bringing U.S. Attorneys from across the country to the Buffalo area for two days. The meeting included presentations and discussions on the May 14th tragedy, which included a visit to the Tops store on Jefferson Avenue, business, and community outreach efforts, as well as multiple presentations by law enforcement.
In June 2022, Ms. Ross arranged a visit by then Attorney General Merrick Garland, and other top DOJ and FBI officials, who came to Buffalo to meet with families and survivors of the Tops shooting and announce federal hate crime charges against defendant Payton Gendron.
Community outreach was a hallmark of Ms. Ross’s tenure as U.S. Attorney. She worked tirelessly to build better relationships between members of the community and law enforcement in both Buffalo and Rochester. Ms. Ross developed quarterly meetings with community leaders in both cities, establishing an ongoing dialogue and building trust. She also sought new and innovative ways to reach the community, including creating the first of its kind podcast in the U.S. Attorney’s community. “Feds Demystified” sought to pull back the curtain from federal law enforcement agencies to provide information about those agencies and educate the public. Ms. Ross also created a series of Public Service Announcements, sharing important messages on Human Trafficking, Black History, Women’s History, Juneteenth, Internet Safety, and Voting Rights. In addition, she empowered members of the U.S. Attorney’s Office to also get involved in the community by attending job and career fairs, speaking at local schools, and serving on the Erie County Overdose Prevention Task Force.
Throughout Ms. Ross’s time as U.S. Attorney, school districts, police departments, social service agencies, and local governments received approximately $55,000,000 in federal grant funding for youth and victim services, to battle human trafficking, and initiatives addressing law enforcement, the opiate epidemic, reentry and recidivism, among others.
As a result of her efforts, Ms. Ross was honored by multiple organizations for her work, including the New York State Bar Association, Erie County Bar Association, the New York State Bar Association, the Minority Bar Association of WNY, and the Women’s Bar Association. She was also named as a top leader in WNY in several publications, some multiple times, including Buffalo Business First’s Power 100 Business Leader of Color; Business First’s Power 200 Woman; the Rochester Business Journal and The Daily Record Power 50 Law list; City & State’s Power of Diversity: Black 100 list; and City & State’s Law Power 100 list and was selected as a Woman of Distinction by the New York State Senate.
Ms. Ross was also a much sought after speaker locally and across the country. She spoke at two United States Attorney’s Conferences; numerous law enforcement conferences; victims’ rights conferences; several legal and professional conferences; as well as at colleges, U.B Law School and many community events.
Ms. Ross wants the community and staff in her office to know that as United States Attorney she was completely dedicated to the WNY community and the staff in her office. “I came to make positive changes inside and outside of the office, and I believe I was successful. I always want to leave a place better than when I showed up, that was the goal. And I believe I have reached that goal.”
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Former Springville teacher going to prison for 10 years following child pornography convictionRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Frank E. Noeson III, 47, of Holland, NY, who was convicted of receipt of child pornography, was sentenced to serve 120 months in prison and 30 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Noeson, who was then a 5th grade teacher at a local elementary school, engaged in sexual communications with a minor female (Victim) using Snapchat. The Victim was 16 years old when the communications began. During the communications, Noeson persuaded the Victim to create sexually explicit images and videos and send them to him. Noeson also engaged in sexual communications with another minor female victim, who was 15 years-old, using Snapchat. During these communications, the victim sent numerous images and videos of child pornography.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the FBI Miami Field Office, and the Tonawanda Police Department, under the direction of Chief James Stauffiger.
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Prior sex offender pleads guilty to raping a 14-year-old and gun chargeRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Kelvin Hunt, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography, following a prior conviction, and possession of a firearm in furtherance of drug trafficking, which carry a mandatory minimum penalty of 25 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Nicholas M. Testani, who is handling the case, stated that in March 1995, Hunt was convicted in Monroe County Court of Sexual Abuse in the First Degree and sentenced to 2 to 6 years in prison. On February 2, 2024, he entered the home of a 14-year-old minor victim in Rochester, and forcibly raped her. Hunt then took the minor victim’s cell phone and took sexually explicit photos of her. After producing the pornographic images, Hunt forced the minor victim to another location, where he forcibly raped her again. On February 4, 2024, law enforcement located Hunt, took him into custody, and executed a search warrant on the hotel room he was staying in. Investigators seized a loaded semi-automatic handgun, and approximately 71 grams of heroin.
The plea is the culmination of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for June 12, 2025, at 9:30 a.m. before Judge Siragusa.
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Corning sex offender pleads guilty to new child pornography chargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Ryan M. Newman, 33, of Corning, NY, pleaded guilty to production of child pornography before U.S. District Judge Meredith A. Vacca. As a convicted sex offender at the time of his crimes, Newman faces an enhanced minimum penalty of 25 years in prison, of maximum penalty of 50 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Newman was convicted of child pornography crimes by New York State in 2012, sentenced to serve a local jail term and 10 years’ probation, and required to register as a Level 3 Sex Offender, which is someone considered to be at high risk of re-offending and a threat to public safety.
In January 2021, the National Center for Missing and Exploited Children (NCMEC) received a report from Snapchat that a user had uploaded a video of child pornography. NCMEC sent the tip to the New York State Police, who executed a search warrant on Newman’s person and residence in 2022. The search determined that Newman uploaded the child pornography video to Snapchat and possessed other child pornography on his electronic devices. Newman remained out of custody following the 2022 search warrant by the State Police. In April 2024, the FBI Corning received a tip that pornography involving a child in the Corning area, was distributed to an undercover agent in Illinois. Subsequent investigation determined that Newman sexually abused the child and produced the child pornography. Newman was taken into custody by the FBI and Corning Police.
Newman is also charged in Steuben County Court.
The plea is the result of an investigation by the Federal Bureau of Investigation, Corning Office, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Corning Police Department, under the direction of Chief Kenzie Spaulding.
Sentencing is scheduled for June 11, 2025, at 10:00 a.m. before Judge Vacca.
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Cracked and Nulled Marketplaces Disrupted in International Cyber OperationRead the Press Release
The Justice Department today announced its participation in a multinational operation involving actions in the United States, Romania, Australia, France, Germany, Spain, Italy, and Greece to disrupt and take down the infrastructure of the online cybercrime marketplaces known as Cracked and Nulled. The operation was announced in conjunction with Operation Talent, a multinational law enforcement operation supported by Europol to investigate Cracked and Nulled.
Operation Talent Seizure BannerSupervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, U.S. Attorney Trini E. Ross for the Western District of New York, U.S. Attorney Jaime Esparza for the Western District of Texas, Assistant Director Brian A. Vorndran of the FBI’s Cyber Division, Special Agent in Charge Matthew Miraglia of the FBI Buffalo Field Office, and Special Agent in Charge Aaron Tapp for the FBI San Antonio Field Office made the announcement.
Cracked
According to seizure warrants unsealed today, the Cracked marketplace has been selling stolen login credentials, hacking tools, and servers for hosting malware and stolen data — as well as other tools for carrying out cybercrime and fraud — since March 2018. Cracked had over four million users, listed over 28 million posts advertising cybercrime tools and stolen information, generated approximately $4 million in revenue, and impacted at least 17 million victims from the United States. One product advertised on Cracked offered access to “billions of leaked websites” allowing users to search for stolen login credentials. This product was recently allegedly used to sextort and harass a woman in the Western District of New York. Specifically, a cybercriminal entered the victim’s username into the tool and obtained the victim’s credentials for an online account. Using the victim’s credentials, the subject then cyberstalked the victim and sent sexually demeaning and threatening messages to the victim. The seizure of these marketplaces is intended to disrupt this type of cybercrime and the proliferation of these tools in the cybercrime community.
The FBI, working in coordination with foreign law enforcement partners, identified a series of servers that hosted the Cracked marketplace infrastructure and eight domain names used to operate Cracked. They also identified servers and domain names for Cracked’s payment processor, Sellix, and the server and domain name for a related bulletproof hosting service. All of these servers and domain names have been seized pursuant to domestic and international legal process. Anyone visiting any of these seized domains will now see a seizure banner that notifies them that the domain has been seized by law enforcement authorities.
The FBI Buffalo Field Office is investigating the case.
Senior Counsel Thomas Dougherty of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Charles Kruly for the Western District of New York are prosecuting the case.
Nulled
The Justice Department announced the seizure of the Nulled website domain and unsealed charges against one of Nulled’s administrators, Lucas Sohn, 29, an Argentinian national residing in Spain. According to the unsealed complaint affidavit, the Nulled marketplace has been selling stolen login credentials, stolen identification documents, hacking tools, as well as other tools for carrying out cybercrime and fraud, since 2016. Nulled had over five million users, listed over 43 million posts advertising cybercrime tools and stolen information, and generated approximately $1 million in yearly revenue. One product advertised on Nulled purported to contain the names and social security numbers of 500,000 American citizens.
The FBI, working in coordination with foreign law enforcement partners, identified the servers that hosted the Nulled marketplace infrastructure, and the domain used to operate Nulled. The servers and domain have been seized pursuant to domestic and international legal process. Anyone visiting the Nulled domain will now see a seizure banner that notifies them that the domain has been seized by law enforcement authorities.
According to the complaint, Sohn was an active administrator of Nulled and performed escrow functions on the website. Nulled’s customers would use Sohn’s services to complete transactions involving stolen credentials and other information. For his actions, Sohn has been charged with conspiracy to traffic in passwords and similar information through which computers may be accessed without authorization; conspiracy to solicit another person for the purpose of offering an access device or selling information regarding an access device; and conspiracy to possess, transfer, or use a means of identification of another person with the intent to commit or to aid and abet or in connection with any unlawful activity that is a violation of federal law.
If convicted, Sohn faces a maximum penalty of five years in prison for conspiracy to traffic in passwords, 10 years in prison for access device fraud, and 15 years in prison for identity fraud.
The FBI Austin Cyber Task Force is investigating the case. The Task Force participants include the Naval Criminal Investigative Service, IRS Criminal Investigation, Defense Criminal Investigative Service, and the Department of the Army Criminal Investigation Division, among other agencies.
Assistant U.S. Attorneys G. Karthik Srinivasan and Christopher Mangels for the Western District of Texas are prosecuting the case, with Assistant U.S. Attorney Mark Tindall for the Western District of Texas handling the forfeiture component.
The Justice Department worked in close cooperation with investigators and prosecutors from several jurisdictions on the takedown of both the Cracked and Nulled marketplaces, including the Australian Federal Police, Europol, France’s Anti-Cybercrime Office (Office Anti-cybercriminalité) and Cyber Division of the Paris Prosecution Office, Germany’s Federal Criminal Police Office (Bundeskriminalamt) and Prosecutor General’s Office Frankfurt am Main – Cyber Crime Center (Generalstaatsanwaltschaft Frankfurt am Main – ZIT), the Spanish National Police (Policía Nacional) and Guardia Civil, the Hellenic Police (Ελληνική Αστυνομία), Italy’s Polizia di Stato and the General Inspectorate of Romanian Police (Inspectoratul General al Poliției Romane). The Justice Department’s Office of International Affairs provided significant assistance.
A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Pfizer agrees to pay nearly $60 million to resolve false claims allegations relating to improper physician payments by subsidiaryRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Pharmaceutical company Pfizer Inc. (Pfizer), on behalf of its wholly-owned subsidiary Biohaven Pharmaceutical Holding Company Ltd. (Biohaven), has agreed to pay $59,746,277 to resolve allegations that, prior to Pfizer’s acquisition of the company, Biohaven knowingly caused the submission of false claims to Medicare and other federal health care programs by paying kickbacks to health care providers to induce prescriptions of Biohaven’s drug Nurtec ODT.
“Patients deserve to know that their doctor is prescribing medications based on their doctor’s medical judgment, and not as a result of financial incentives from pharmaceutical companies,” said U.S. Attorney Trini E. Ross for the Western District of New York. “This settlement reflects our commitment to hold those who violate the laws accountable, regardless of their status or prestige.”
“Through this settlement and others, the government has demonstrated its commitment to ensuring that drug companies do not use kickbacks to influence physician prescribing,” said Brett A. Shumate the Acting Assistant Attorney General from the Justice Department’s Civil Division. “The department will use every tool at its disposal to prevent pharmaceutical manufacturers from undermining the objectivity of treatment decisions by health care providers.”
The anti kickback statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.
The settlement announced today resolves allegations that from March 1, 2020 through September 30, 2022, Biohaven paid improper remuneration, including in the form of speaker honoraria and meals at high end restaurants, to health care professionals to induce them to prescribe the migraine medication Nurtec ODT in violation of the anti-kickback statute. The United States alleged that Biohaven selected certain health care providers to be part of the Nurtec speaker bureau and provided them paid speaking opportunities with the intent that the speaker honoraria and meals would induce them to prescribe Nurtec ODT. The government further alleged that certain prescribers who attended multiple programs on the same topic received no educational benefit from attending repeat programs and that certain Biohaven speaker programs were attended by individuals with no educational need to attend, such as the speakers’ spouses, family members, or friends, or colleagues from the speakers’ own medical practice. The United States contends that this conduct persisted until October 2022, when Pfizer acquired Biohaven and terminated the Nurtec speaker programs.
“Violations of the anti-kickback statute, such as those alleged in this settlement, can unduly influence prescribers and negatively impact taxpayer-funded health care,” said Deputy Inspector General Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to collaborate with law enforcement partners to ensure that providers and corporations are held accountable if they attempt to bypass laws meant to protect the integrity of federal health care programs.”
“Investigating schemes that undermine the integrity of TRICARE, the health care system for military members and their families, is a top priority for the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our partner agencies and the Department of Justice to pursue corporations that attempt to corrupt the TRICARE system.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Patrica Frattasio, a former sales representative at Biohaven. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Patricia Frattasio v. Biohaven Pharmaceutical Holding Company Ltd., No. 6:21-CV-06539 (W.D.N.Y.). Approximately $50.2 million of the settlement constitutes the federal portion of the recovery and approximately $9.5 million constitutes a recovery for State Medicaid programs. Ms. Frattasio will receive approximately $8.4 million as her share of the federal recovery in this case.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch Fraud Section, and the U.S. Attorney’s Office for the Western District of New York.
Trial Attorney Jessica Sarkis of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York handled the matter.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Pfizer Agrees to Pay Nearly 60M to Resolve False Claims Allegations Relating to Improper Physician Payments by SubsidiaryRead the Press Release
Note: View the settlement here.
Pharmaceutical company Pfizer Inc. (Pfizer), on behalf of its wholly-owned subsidiary Biohaven Pharmaceutical Holding Company Ltd. (Biohaven), has agreed to pay $59,746,277 to resolve allegations that, prior to Pfizer’s acquisition of the company, Biohaven knowingly caused the submission of false claims to Medicare and other federal health care programs by paying kickbacks to health care providers to induce prescriptions of Biohaven’s drug Nurtec ODT.
“Through this settlement and others, the government has demonstrated its commitment to ensuring that drug companies do not use kickbacks to influence physician prescribing,” said Acting Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The department will use every tool at its disposal to prevent pharmaceutical manufacturers from undermining the objectivity of treatment decisions by health care providers.”
The anti‑kickback statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.
The settlement announced today resolves allegations that from March 1, 2020, through Sept. 30, 2022, Biohaven paid improper remuneration, including in the form of speaker honoraria and meals at high end restaurants, to health care professionals to induce them to prescribe the migraine medication Nurtec ODT in violation of the anti-kickback statute. The United States alleged that Biohaven selected certain health care providers to be part of the Nurtec speaker bureau and provided them paid speaking opportunities with the intent that the speaker honoraria and meals would induce them to prescribe Nurtec ODT. The government further alleged that certain prescribers who attended multiple programs on the same topic received no educational benefit from attending repeat programs and that certain Biohaven speaker programs were attended by individuals with no educational need to attend, such as the speakers’ spouses, family members, or friends, or colleagues from the speakers’ own medical practice. The United States contends that this conduct persisted until October 2022, when Pfizer acquired Biohaven and terminated the Nurtec speaker programs.
“Patients deserve to know that their doctor is prescribing medications based on their doctor’s medical judgment, and not as a result of financial incentives from pharmaceutical companies,” said U.S. Attorney Trini E. Ross for the Western District of New York. “This settlement reflects our commitment to hold those who violate the laws accountable, regardless of their status or prestige.”
“Violations of the anti-kickback statute, such as those alleged in this settlement, can unduly influence prescribers and negatively impact taxpayer-funded health care,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to collaborate with law enforcement partners to ensure that providers and corporations are held accountable if they attempt to bypass laws meant to protect the integrity of federal health care programs.”
“Investigating schemes that undermine the integrity of TRICARE, the health care system for military members and their families, is a top priority for the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our partner agencies and the Department of Justice to pursue corporations that attempt to corrupt the TRICARE system.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Patrica Frattasio, a former sales representative at Biohaven. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Patricia Frattasio v. Biohaven Pharmaceutical Holding Company Ltd., No. 6:21-CV-06539 (W.D.N.Y.). Approximately $50.2 million of the settlement constitutes the federal portion of the recovery and approximately $9.5 million constitutes a recovery for State Medicaid programs. Ms. Frattasio will receive approximately $8.4 million as her share of the federal recovery in this case.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch Fraud Section, and the U.S. Attorney’s Office for the Western District of New York.
Trial Attorney Jessica Sarkis of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York handled the matter.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Sex offender going to prison for 10 years on new chargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Paden, 58, of Kennedy, NY, who was convicted of possession of child pornography following a prior conviction, was sentenced to serve 120 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in June 2015, Paden was convicted on a federal charge of possession of child pornography and sentenced to serve 57 months in prison and five years’ supervised release. On August 29, 2023, the New York State Police executed a search warrant at Paden’s residence based on information from the National Center for Missing and Exploited Children (NCMEC). Several electronic devices were seized, including a thumb drive and a laptop computer. Approximately 83 images of child pornography were stored on the thumb drive and approximately 468 images on the laptop computer. Some of the images depicted prepubescent minors, and violence against children.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Amie P. Feroleto, and the National Center for Missing and Exploited Children.
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Niagara Falls man going to prison for five years on meth chargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jevon Flynn, 30, of Niagara Falls, NY, who was convicted of possession with intent to distribute methamphetamine, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that on March 26, 2024, investigators executed a search warrant at a residence in Niagara Falls, during which they located Flynn in a bedroom, with his hands near a clothing hamper. A backpack and a pair of pants were found in the clothing hamper. A plastic bag containing suspected methamphetamine was found in the backpack, while two plastic baggies were found in the pants, one contained suspected fentanyl, and the other contained blue-colored pressed pills. Investigators also seized another quantity of suspected methamphetamine and eight grams of suspected crack cocaine.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.
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Prior felon going back to prison for 16 years on fentanyl and gun chargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Walter H. Bennett, 34, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, 10 grams or more of a fentanyl analogue, and 500 grams or more of cocaine, and possession of firearms in furtherance of a drug trafficking crime, was sentenced to serve 192 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Bennett, a two-time convicted felon, was a leader of a drug trafficking organization that distributed significant quantities of fentanyl, para-fluorofentanyl (a lethal fentanyl analogue), and cocaine in the Rochester, and Augusta, Maine, areas. Bennett and his co-conspirators operated a drug house on Woodward Street in Rochester, where they sold these drugs. They also stored controlled substances, firearms, magazines, and ammunition, at houses on Argo Park and Clairmount Street. During the investigation, law enforcement recovered approximately 158 grams of fentanyl, 11 grams of para-fluorofentanyl, and 580 grams of cocaine, along with more than $20,000 in drug proceeds, six firearms, including two stolen firearms and a defaced handgun, hundreds of rounds of ammunition, and seven magazines.
Co-defendants Tyrik Edwards, Ray C. Mack, Jr., and Steven Jackson were previously convicted and were sentenced to serve 160 months, 135 months, and 48 months in prison respectively.
The sentencing is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Rochester Police Department and the Greater Rochester Area Narcotics Enforcement Team, under the direction of Chief David M. Smith.
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Former teacher going to prison for possession of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Anthony V. Giambrone, 41, of Kenmore, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara. Giambrone was also ordered to pay restitution totaling $16,000 to victims in the case.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in April 2020, Giambrone, a former teacher with Erie One BOCES working at Maryvale Intermediate School, possessed images of child pornography on two separate laptop computers. Giambrone possessed approximately 1,052 images and 381 videos of child pornography, some of which included prepubescent minors.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.
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Federal jury convicts Pharaoh’s owner of multiple charges, including bribery, sex trafficking conspiracy and witness tamperingRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted Peter Gerace, 57, of Clarence, NY, of conspiracy to defraud the United States, bribery, sex trafficking conspiracy, maintaining a drug involved premises, narcotics conspiracy, witness tampering, and distribution of cocaine, which carry a maximum of life in prison.
Assistant U.S. Attorneys Joseph M. Tripi, Nicholas T. Cooper, and Casey L. Chalbeck, stated that between 2005, and 2019, Gerace, owner and operator of Pharaoh's Gentlemen's Club, conspired to defraud the United States and paid cash bribes to Drug Enforcement Administration special agent Joseph Bongiovanni. In exchange for payments he received, Bongiovanni protected Gerace and utilized his position to dissuade other members of law enforcement from conducting investigations into Gerace’s activities at Pharaoh’s. Bongiovanni was previously convicted and is awaiting sentencing.
In addition, between 2006, through 2019, Gerace knowingly maintained Pharaoh’s Gentlemen's Club as a drug involved premises, where he and others distributed cocaine, Adderall, marijuana, and heroin. Gerace and others distributed controlled substances and used other methods to coerce Pharaoh’s dancers to engage in sex acts inside Pharaoh’s. Gerace also, acting with others, sent threatening Facebook messages to a witness in order to prevent her from testifying and providing information in an official proceeding.
“Peter Gerace preyed on the most vulnerable victims, using them to grow his business and his profits,” stated U.S. Attorney Ross. “Peter Gerace did not want to be caught and have his crimes exposed. However, this investigative and prosecutorial team worked tirelessly, gathering the evidence, and connecting the dots and Peter Gerace now stands convicted of some of the most heinous crimes.”
“This case showcased the reality of trafficking in Western New York and across the country. It revealed the interplay between drugs, human trafficking, how powerful men, like Peter Gerace, used victims’ drug addictions to coerce them into acts of commercial sex for pure profit,” stated Matthew Miraglia, Special Agent-in-Charge of the FBI’s Buffalo Field Office. “Today’s verdict is a win for victims of human trafficking and hope to those who don’t have a voice. The FBI remains committed to eradicating human trafficking and providing victims with resources. We encourage any victim to come forward. Call 1-800-CALL-FBI or report online at tips.fbi.gov.”
“With his conviction, Peter Gerace must face the reality that he is not above the law, nor can he escape its consequences. Homeland Security Investigations, in collaboration with our law enforcement partners, is committed to safeguarding the vulnerable from those who use bribery, manipulation, and fear for their own personal gain,” said HSI Buffalo Special Agent-in-Charge Erin Keegan. “The welfare of the public is our highest priority, and HSI Buffalo will take every necessary measure to protect the safety and wellbeing of Western New Yorkers.”
“Today, a jury found that Gerace was guilty of engaging in drug and sex trafficking, preying on vulnerable victims. He also paid hundreds of thousands of dollars to corrupt Drug Enforcement Administration special agent Joseph Bongiovanni in an attempt to skirt the law and avoid accountability,” said Ryan T. Geach, Special Agent-in-Charge of the U.S. Department of Justice Office of the Inspector General Northeast Region. “I would like to thank the jury for their time and careful consideration of the facts.”
The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the U.S. Department of Justice Office of the Inspector General, under the direction of Special-Agent-In-Charge Ryan T. Geach, Northeast Region.
Sentencing is scheduled for August 15, 2025, at 9:30 a.m., before Judge Lawrence J. Vilardo, who presided over the trial of the case.
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Medicare Advantage provider Independent Health to pay up to $98m to settle False Claims Act suitRead the Press Release
BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Independent Health Association and its affiliate, Independent Health Corporation (collectively, Independent Health) have agreed to pay up to $98 million to resolve allegations that they violated the False Claims Act by knowingly submitting or causing the submission of invalid diagnosis codes to Medicare for Medicare Advantage Plan enrollees to increase payments that Independent Health received from Medicare. Independent Health is headquartered in Buffalo, New York.
Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed care insurance plans called Medicare Advantage Plans (MA Plans). MA Plans are paid a per-person amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, adjusts the payments to MA Plans based on demographic information and the diagnoses of each plan beneficiary. The adjustments are commonly referred to as “risk scores.” In general, a beneficiary with diagnoses more expensive to treat will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.
Independent Health operates MA plans for beneficiaries living in western New York. As alleged by the United States, Independent Health created a wholly owned subsidiary, DxID LLC, to retrospectively search medical records and query physicians for information that would support additional diagnoses that could be used to generate higher risk scores, and DxID provided these services to Independent Health and other MA Plans. The United States filed a complaint alleging that, from 2011 through at least 2017, Independent Health, with the assistance of DxID and its founder and chief executive, Betsy Gaffney, knowingly submitted diagnoses to CMS that were not supported by the beneficiaries’ medical records in order to inflate Medicare’s payments to Independent Health.
“To protect the integrity of Medicare and other federal health care programs, my office is committed to ensuring that each and every dollar meant for Medicare beneficiaries is spent appropriately and in accordance with the law,” said U.S. Attorney Trini E. Ross for the Western District of New York. “As this settlement makes clear, we will diligently pursue those who defraud government programs.”
“The government expects those who participate in Medicare Advantage to provide accurate information to ensure that proper payments are made for the care received by enrolled beneficiaries,” said Deputy Assistant Attorney General Michael Granston of the Justice Department's Civil Division. “Today’s result sends a clear message to the Medicare Advantage community that the United States will take appropriate action against those who knowingly submit inflated claims for reimbursement.”
“Medicare Advantage Plans that attempt to game federal programs for profit must be held accountable through rigorous oversight and enforcement,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to root out fraud, waste and abuse in federal health care programs.”
Under the terms of the settlement, Independent Health will make guaranteed payments of $34,500,000 and contingent payments of up to $63,500,000 on behalf it itself and DxID, which ceased operations in 2021. The settlement is based on Independent Health’s ability to pay. Gaffney will separately pay $2,000,000.
In connection with the settlement, Independent Health entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. The CIA requires, among other things, that Independent Health hire an Independent Review Organization to annually review a sample of Independent Health’s Medicare Advantage patients’ medical records and associated internal controls to help ensure appropriate risk adjustment payments.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Teresa Ross, a former employee of Group Health Cooperative, now Kaiser Foundation Health Plan of Washington (Kaiser). Under the qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act permits the government to intervene in such lawsuits as it has done in this case. Ms. Ross will receive at least $8,212,500 of the settlement announced today. Ms. Ross also alleged that Kaiser employed DxID to identify additional diagnoses to be submitted to Medicare for risk adjustment, and the United States previously settled those claims with Kaiser.
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS, at 800-HHS-TIPS (800-447-8477).
Assistant U.S. Attorney David Coriell and investigator Peggy McFarland for the Western District of New York and Attorneys Samson Asiyanbi and David Wiseman of the Civil Division’s Fraud Section handled the matter, with assistance from the HHS-OIG Buffalo Regional Office.
The case is captioned United States ex rel. Ross v. Independent Health Association et al., No. 12-CV-0299(S) (WDNY).
The claims resolved by the settlement are allegations only. There has been no determination of liability.
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Federal jury convicts father and son in kidnapping conspiracies attempting to force their daughter/sister to marry in YemenRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted Khaled Abughanem, 52, and Adham Abughanem, 28, both of Lackawanna, NY, of conspiracy to kidnap a person in a foreign country and kidnapping conspiracy, which carry a maximum penalty of life in prison. Defendant Khaled Abughanem was also convicted of threatening to retaliate against a victim.
Assistant U.S. Attorneys Charles M. Kruly and Maeve E. Huggins, who handled the prosecution of the case, stated that on September 8, 2021, Khaled Abughanem and Adham Abughanem flew from Buffalo, NY, to Guadalajara, Mexico to kidnap Victim 1, who is the daughter of Khaled and the sister of Adham. Between September 10, 2021, and April 6, 2023, the defendants conspired to transport Victim 1 from the Western District of New York to Cairo, Egypt, and then to Sanaa, Yemen, where they confined Victim 1 for approximately 16 months with the purpose of marrying her to a man not of her choosing. In addition, on March 14, 2023, defendant Khaled Abughanem threatened to “slaughter[]” Victim 1 in retaliation for information given by Victim 1 to a law enforcement officer relating to the commission of a federal offense.
“This verdict brings to an end a difficult time for the victim, who was twice kidnapped by family members, taken to Yemen against her will, held for more than a year, denied freedom of movement and communication, physically assaulted and had her life threatened” stated U.S. Attorney Ross. “These defendants are being held accountable because of the courage of this victim and the unwavering dedication of the investigators and prosecutors on this case.”
“The FBI prioritizes the protection of civil rights and safety of American citizens,” said Matthew Miraglia, Special Agent-in-Charge of the FBI’s Buffalo Field Office. Today’s verdict is a direct result of the strong investigative work conducted by the FBI, Customs and Border Protection, and the U.S. Department of State’s Diplomatic Security Service. The FBI values all our partnerships with federal, state, and local law enforcement agencies, which are paramount.”
“The Diplomatic Security Service would like to recognize the unshakable courage of the victim in this case as well as the close collaboration between DSS, the Western District of New York U.S. Attorney's Office, the FBI, U.S. Customs and Border Protection, and the Lackawanna Police Department,” said DSS Protective Intelligence Investigations Director Greg Anderson.” The Diplomatic Security Service has the largest global presence of any U.S. law enforcement agency and remains committed to ensuring individuals like Adham and Khaled Abughanem who commit heinous criminal acts face justice In the United States.”
The verdict is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the U.S. Department of State’s Diplomatic Security Service, under the direction of Protective Intelligence Investigations Director Greg Anderson.
Sentencing is scheduled for June 17, 2025, before Judge John L. Sinatra, Jr., who presided over the trial of the case.
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Rochester business owner pleads guilty to food stamp fraudRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Zina Amba Mbile Mbile, 45, of Rochester, NY, pleaded guilty to food stamp fraud before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the Supplemental Nutrition Assistance Program (SNAP) uses federal tax dollars to help low-income individuals purchase food. Eligible individuals are provided with a debit card from which they can make food purchases at authorized food stores. Businesses authorized to accepts SNAP benefits, can only do so for the sale of eligible food products. It is unlawful to accept SNAP benefits for non-food items such as cigarettes, beer, or for cash. Between March 1, 2020, and July 23, 2024, Mbile, who operated the Beni Food convenience store on Dewey Avenue in Rochester, accepted SNAP benefits from customers in exchange for non-food items, such as cosmetic products. Mbile also exchanged cash for food stamp benefits, resulting in a profit for Mbile. In total, Mbile fraudulently caused $246,890.00 to be deposited into Beni Food’s bank accounts for food that was never purchased.
The plea is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in-Charge Charmeka Parker, Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the Monroe County Department of Human Services, under the direction of Commissioner Thalia Wright.
Sentencing is scheduled for May 21, 2025, before Judge Wolford.
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Prior felon sentenced to more than 24 years in prison on new child pornography chargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Christopher Gostick, 30, of Lancaster, NY, who was convicted of receipt of child pornography by a person having a prior conviction relating to possession of child pornography, was sentenced to serve 292 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that on June 9 and 10, 2023, Gostick attended a sleepover birthday party, during which he kissed a minor victim (Minor Victim 1), who was nine years old, on the lips. Minor Victim 1 told her parents, which resulted in police officers responding to the residence and taking possession of cellular telephones and a tablet that belonged to Gostick. A review of one of the cellphones uncovered a surreptitiously recorded video of Minor Victim 1 using the bathroom. In addition to the video of Minor Victim 1, law enforcement also found on Gostick’s other cellphone a screen recording of a Snapchat conversation between Gostick and a second minor victim (Minor Victim 2), who was 10 years old at the time. During that conversation, Gostick, who was posing as an 11-year-old female, instructed Minor Victim 2 to send him a sexually explicit video, which Minor Victim 2 did. A review of Gostick’s devices also recovered approximately 613 images and two videos containing child pornography. Previously, in August 2019, Gostick was convicted on a state charge of Attempted Possessing a Sexual Performance by a Child Less than 16.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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Prior felon going back to prison on fentanyl chargeRead the Press Release
BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Alexis Javier Centeno-Baez, 30, of Buffalo, NY, who was convicted of possession with intent to distribute more than 40 grams of fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that in March 2017, Centeno-Baez was sentenced to 63 months in prison after being convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and attempted possession with intent to distribute 500 grams or more of cocaine, following a jury trial. Centeno-Baez was also sentenced to four years of supervised release. On October 17, 2022, a United States Probation Department officer was conducting a random home contact at Centeno-Baez’s residence. During the contact, Centeno-Baez was questioned about a brown paper bag in the kitchen. Centeno-Baez said the bag contained heroin and he also admitted to engaging in drug trafficking. A subsequent search of the residence resulted in the seizure of a quantity of fentanyl, tramadol tablets, a quantity of methamphetamine, a quantity of marijuana, digital scales, $46,550 in cash and ammunition.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, and the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth.
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Federal grand jury indicts six men for conspiring to steal and re-sell restaurant cooking oilRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Guodeng Chen, Didi Huang, Fangfang Yan, all of Pittsford, NY, Ruimao Yang, Yan Han, and Wen Xiao Zhang, all of New York, NY, with conspiracy to transport and sell stolen goods in interstate commerce, which carries a maximum penalty of five years in prison. Defendants Chen, Huang, and Yan are also charged with transportation and sale of stolen goods in interstate commerce, which carry a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendants conspired to commit a series of thefts of used cooking oil, which can be refined into biodiesel fuel and re-sold for $4.00 to $5.00 per gallon, from numerous restaurants within and around Monroe County. Defendants Yang, Han, and Zhang drove trucks to restaurants and Zhang stole used cooking oil from oil collection tanks located outside of those restaurants. The defendants then delivered the stolen cooking oil to Chen, Huang, and Yan at a warehouse. Han worked in the warehouse and assisted in the collection and storage of the stolen cooking oil. Chen, Huang, and Yan subsequently sold the stolen cooking oil to a broker and caused the stolen cooking oil to be transported across state lines to a refinery located in Pennsylvania. On April 8 2022, Chen, Huang, and Yan caused approximately 45,000 pounds of stolen, used cooking oil to be transported from the Western District of New York to Erie, Pennsylvania, receiving more than $5,000 for the shipment. On April 28, 2022, Chen, Huang, and Yan caused another approximately 45,000 pounds of stolen, used cooking oil to be shipped from the Western District of New York to Erie, Pennsylvania, again receiving more than $5,000 for this shipment.
The indictment is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Harry Chavis, Acting Executive Special Agent in Charge, New York Field Office.
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.
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Rochester business owner sentenced on tax chargeRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that James Leonardo, 56, of Rochester, NY, who was convicted of filing a false tax return, was sentenced to time served and one year supervised release by Chief U.S. District Judge Elizabeth A. Wolford. Leonard was also ordered to pay restitution totaling $2,267,315.42.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Leonardo is the sole member and owner of MY PI, LLC. The company owns a 110-foot yacht named “Pure Insanity,” which resulted in rental income for MY PI, LLC. Leonardo was required to report net profits or losses from the business use of the yacht on his personal federal income tax returns. For the years 2015 through 2018, Leonardo reported the rental income received by MY PI, LLC. However, to reduce the taxes owed, he falsely deducted all the losses incurred with respect to operation and maintenance by falsely claiming that the yacht was used 100% of the time for business purposes. In actuality, the yacht was only used for business purposes one-third of the time. As a result, Leonardo was only entitled to deduct one-third of the losses generated for operation and maintenance. As a result, he failed to report and pay additional income taxes totaling $872,869 for 2015 through 2018.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Harry Chavis, Acting Executive Special Agent in Charge, New York Field Office, and the Department of Defense, Office of Inspector General’s, Defense Criminal Investigative Service, under the direction Special Agent-in-Charge Patrick J. Hegarty, Northeast Field Office.
Rochester business owner pleads guilty to tax evasionRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Scott Reeves, 72, of Victor, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to tax evasion, which carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that Reeves owns Fussy Contracting Inc. aka Mr. Fussy, a roofing business that operated out of a Portland Avenue location in Rochester during the tax years 2017 through 2022. After providing roofing services to residential and commercial customers, Fussy Contracting was paid primarily by check, which Reeves deposited to bank accounts and also cashed at a local check casher. Reeves was required to pay income taxes based on income he received from Fussy Contracting. For the tax years 2017 through 2022, he failed to file his Individual Income Tax Returns as well as the Income Tax Returns for the corporation, which resulted in no taxes being paid on the profits earned from operating Fussy Contracting. For the tax years 2017-2022, Reeves failed to report gross receipts totaling $5,398,008.27. After paying material expenses, labor expenses, and check cashing fees, Reeves kept the remaining $1,538,215.00, resulting in a tax loss of $248,394.00 to the IRS.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Harry Chavis, Acting Executive Special Agent in Charge, New York Field Office.
Sentencing is scheduled for March 3, 2025, at 2:00 p.m. before Judge Wolford.
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Tonawanda woman going to prison for child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Maria D’Amato, 30, of Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to serve 108 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that in June 2022, D’Amato knowingly received images and videos of child pornography from a minor female on her cellular telephone. D’Amato met the 14-year-old Victim through another 14-year-old. She communicated with the Victim via text, and online applications, such as Snapchat. D’Amato and the Victim engaged in sexual acts, which D’Amato recorded using her cellular telephone or the Victim’s cellular telephone. Videos record on the Victim’s cell phone would be sent to D’Amato at her request.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.
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West Seneca man going to prison for 15 years for receipt of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Corey Beasley, 39, of West Seneca, NY, who was convicted of receipt of child pornography, was sentenced to serve 180 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that in June 2022, Beasley took sexually explicit photographs of himself and a minor female (Victim) with his cellphone. In January 2023, a West Seneca police officer received a report that the sexually explicit images were found on a tablet belonging to Beasley. Subsequently, search warrants were executed at Beasley’s residence, during which investigators seized multiple devices. A forensic review of Beasley’s cellphone recovered multiple sexually explicit images of the Victim. The forensic review also recovered other images of child pornography, which Beasley received and possessed.
The sentencing is the result of an investigation by the West Seneca Police Department, under the direction of Chief Edward Baker and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.
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Rochester woman charged once again with entering restricted area at Rochester airportRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Takesha Rogers, 39, of Rochester, NY, was arrested and charged by criminal complaint with willfully entering an airport area that serves an air carrier or foreign air carrier in violation of security requirements, which carries a maximum penalty of one year in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on May 5, 2022, Rogers pleaded guilty to entering an airport area in violation of security requirements, admitting that she had climbed over the fence and willfully entered the Aircraft Operations Area (AOA), which is a restricted area, at the Rochester Airport on four separate occasions. Rogers was sentenced to time served and one year of supervised release. In April 2023, soon after her supervised release began, Rogers again attempted to evade the security requirements at the Rochester Airport, climb a fence, and enter the AOA. She also committed additional violations, which lead to a revocation of her supervised release. In October 2023, Rogers was sentenced to one year in prison. Rogers was released in July 2024. On November 27, 2024, just after 11:30 pm, Rogers again entered a secured AOA at the Rochester Airport. A Monroe County Sheriff’s Deputy responded and observed Rogers running towards a moving aircraft that was taxiing towards the runway. She was taken into custody without incident and deemed a Mental Hygiene Arrest and released to Rochester General Hospital for psychiatric evaluation.
Rogers made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was detained.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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.
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Ontario importer going to prison for two years for trafficking 4.8 million dollars in counterfeit merchandiseRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Wasseem Ramjaun, 48, of Vaughan, Ontario, who was convicted of trafficking in counterfeit goods, was sentenced to serve 24 months in prison by Senior U.S. District Judge William M. Skretny. In addition, he was also ordered to pay $4,800,870 in restitution.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that Ramjaun operated various importing and exporting businesses in Canada. From approximately October 2016 to August 1, 2017, Ramjaun agreed to provide an individual with authentic Yeti, Vera Bradley, and Lacoste merchandise. However, Ramjaun was not authorized to use the trademarks of these companies. As a result, in January 2017, Ramjaun contacted a manufacturer in China and ordered bags that appeared identical to genuine Vera Bradley bags. To make sure the bags appeared authentic, Ramjaun provided the manufacturer with photographs and tags of authentic Vera Bradley bags.
Between June 1 and June 8, 2017, Ramjaun imported the counterfeit Vera Bradley bags into the United States through a port of entry in Western District of New York. To conceal the fact the bags were fraudulent, Ramjaun provided United States Customs and Border Protection with a fraudulent manufacturing agreement. $4,800,870 is the total loss associated with Ramjaun’s conduct.
The sentencing is the result of of an investigation by the United States Homeland Security Investigations, under the supervision of Special Agent-in-Charge Erin Keegan.
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Salamanca man arrested, charged with attempted production of child pornography and attempting to have sex with a 12-year-old girlRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jack Sherlock, 55, of Salamanca, NY, was arrested and charged by criminal complaint with attempted production of child pornography and attempted coercion and enticement of a minor, which carry a mandatory minimum penalty of 15 years in prison and a maximum of life.
Assistant U.S. Attorneys Aaron J. Mango and Franz M. Wright, who are handling the case, stated that according to the complaint, on November 7, 2024, the Salamanca Police Department contacted Homeland Security Investigations (HSI) and advised that a Pennsylvania-based citizens group engaged in undercover chats with Sherlock, who had initiated sexual communications with a Facebook account controlled by the citizens group purporting to belong to a 12-year-old female living in Salamanca. During these communications, Sherlock stated that he wanted the 12-year-old to send him nude images and had expressed a desire to meet in person to engage in sexual activity.
On November 20, 2024, investigators took over the Facebook account from the citizens group and engaged in conversation with Sherlock. During the conversation, an investigator, posing as the 12-year-old girl, stated that a “cousin,” also a 12-year-old girl, was with her. The investigator then sent Sherlock a link to a Facebook account for the “cousin.” Sherlock accepted and soon began a sexually oriented conversation with the “cousin.” He asked for sexually explicit images and planned to meet in person to have sex. On December 4, 2024, Sherlock was arrested as he attempted to meet up with the 12-year-old girl.
Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office at 716-945-2330.
The complaint is the result of an investigation by the Salamanca Police Department, under the direction of Chief Jamie Deck, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.
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.
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Rochester man arrested, charged for having sexual relations with 12-and 14-year-old sistersRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Ahmed Yaqoob, 24, of Rochester, NY, was arrested and charged by criminal complaint with production and possession of child pornography, which carry a mandatory minimum penalty of 15 years in prison, and a maximum of 30 years.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on October 18, 2024, the Erie County Sheriff’s Office responded to a residence in the Town of North Collins, to follow up on a report concerning the rape of a minor. The investigation determined that a 12-year-old (victim 1) began communicating with Yaqoob on October 17, 2024, through the dating application “Pure.” Yaqoob and victim 1 made arrangements to meet at the victim’s residence in North Collins. When Yaqoob arrived, the victim and her 14-year-old sister (victim 2) got into Yaqoob’s vehicle. The complaint states that Yaqoob drove both girls to the area of Zoar Valley Road in the Town of Concord, where Yaqoob had sexual relations with victim 1 and victim 2. Investigators believe Yaqoob recorded the sexual activity on his cell phone. On October 24, 2024, investigators searched Yaqoob’s cell phone and recovered two videos that had been recorded and deleted from the device on their respective dates and times. The videos included the victims engaged in sexual relations with Yaqoob.
Members of the public who have specific information related to this case are urged to contact the FBI Buffalo Office at 716-856-7800.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia.
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.
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Buffalo man going to prison for possession of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Patrick Malloy, 34, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to serve 24 months in prison by Senior U.S. District Judge William M. Skretny. He was also ordered to pay $48,000 in restitution and must register as sex offender.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that on June 24, 2023, a search warrant was executed at Malloy’s residence and several electronic devices were seized. The devices contained approximately 28,000 images of child pornography, including images of prepubescent minors under the age of 12 engaged in sexually explicit conduct.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Prior felon going back to prison for possession of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cameron Stroke, 43, of Depew, NY, who was convicted of possession of child pornography following a prior conviction, was sentenced to serve 124 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in October 2019, Stroke was convicted on a federal charge of possession of child pornography and sentenced to five years’ probation. On May 23, 2023, U.S. Probation Officers conducted a home inspection at Stroke’s residence and found an unauthorized cell telephone in his possession. A forensic review recovered approximately 181 images and 12 videos of child pornography stored on the device. Some images depicted prepubescent minors.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.
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Pittsford woman pleads guilty to check kiting schemeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Katherine Mott-Formicola, 54, of Pittsford, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to financial institution fraud and money laundering, which carry a maximum penalty of 30 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Nicholas Testani, who is handling the case, stated that Mott-Formicola was a controlling member of several business entities, operating 10 business accounts at Five Star Bank and seven business accounts at Kinecta Federal Credit Union. Between November 29, 2022, and March 11, 2024, she perpetrated a “check-kiting” scheme by sending hundreds of checks between the various bank accounts for the purpose of fraudulently inflating the balance of the accounts. Mott-Formicola would write a check from one account for a dollar amount greater than what the bank account actually contained. Then, she would deposit the over-valued check into another bank account that she controlled at a different institution, knowing that banks typically place funds into a depositing account before confirming the funds in the withdrawing account. Accordingly, during this delay, she would temporarily inflate the cash balance in her accounts at various financial institutions by writing over-valued checks that were still honored, despite the originating account having insufficient funds. During the course of the scheme, Mott-Formicola intentionally kited over 500 over-valued checks between her various bank accounts for the purpose of over-inflating her accounts. Furthermore, because the inflated account balance would only last until the depositing institution eventually discovered that the withdrawing account had insufficient funds, Mott-Formicola would kite additional checks into the withdrawing accounts to allow the scheme to continue without detection.
In March 2024, Kinecta ultimately dishonored Mott-Formicola’s latest round of over-valued checks to her Five Star Bank accounts and charged back the amounts. Because she had already spent approximately $20,907,000 from her various Five Star accounts that she did not actually have, the charge-back resulted in an approximately $20,907,000 overdraw balance. Mott-Formicola spent the $20,907,000 on her various business ventures and personal items, such as real estate. Five Star Bank was able to recover some funds, ultimately suffering a loss of $18,979,005.79.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Internal Revenue Service Criminal Investigation, under the direction of Acting Executive Special Agent-in Charge Harry Chavis, New York Field Division, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris.
Sentencing is scheduled for May 1, 2025, before Judge Geraci.
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Cuba couple arrested, charged with operating marijuana grow operationRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Daniel S. Ackerman, 58, and Ana L. Maldonado-Delgado, 31, both of Cuba, NY, were arrested and charged by criminal complaint with manufacture and possession with intent to distribute 100 or more marijuana plants, which carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Donna Duncan, who is handling the case, stated that according to the complaint, the Cuba Police Department became aware of an operation cultivating marijuana for large scale distribution and launched an investigation. On October 10, 2024, law enforcement executed a search warrant at Ackerman and Maldonado-Delgado’s Farnsworth Road residence. During the search, it was apparent that marijuana was being grown on a large scale, processed, and packaged. Investigators seized 475 growing marijuana plants, 124 dried marijuana plants, a large quantity of processed marijuana, 10 glass jars containing liquid concentrated cannabis, a 9mm pistol, suspected psilocybin mushrooms, two cell phones and drug paraphernalia.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Cuba Police Department, under the direction of Chief Dustin Burch, the Allegany County Sheriff’s Office, under the direction of Sheriff Scott Cicirello, the Olean Police Department, under the direction of Chief Ron Richardson, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.
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.
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Rochester man accused of threatening and stalking a police officerRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Orlando Justice, 37, of Rochester, NY, was arrested and charged by criminal complaint with transmission of threats in interstate commerce and stalking, which carry a maximum penalty of five years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on November 23, 2024, a Rochester Police Officer (Victim) participated in the arrest of Justice at the RTS Bus Terminal on St. Paul Street for Trespass and Resisting Arrest. Justice was intoxicated at the time of arrest and was transported to Strong Memorial Hospital. While at Strong, he threatened the arresting officers, spit at them, and told officers that he would find them and come to their houses. Justice was charged and issued an appearance ticket. The following day, the Victim received a series of phone calls on his personal cell phone from an unknown number, which he did not answer. After receiving yet another call, the Victim answered, and Justice identified himself as the caller. Justice said, “I told you that I would find you,” and that he knew the Victim’s personal information and where he lived, reciting the Victim’s home address. Justice told the Victim he “messed with the wrong one” and that he was “a different breed of human.” The Victim told Justice not to call him again and hung up the phone. A few minutes later, the Victim received a FaceTime video call from Justice, who was demanding that the Victim give him the names of the other RPD officers who were present during his arrest.
On the evening of November 23, 2024, Greece Police and Rochester Police went to Justice’s residence in an unsuccessful attempt to arrest him. Moments later, the Victim answered a Facetime video call from Justice, who asked, “Why your friends come to my house?” A few minutes later, Justice called 911 and asked to speak with a sergeant, falsely claiming that the Victim was contacting him and harassing him. Justice asked to file a complaint against Victim 1 for use of excessive force. The sergeant, who was unfamiliar with Justice’s prior conduct and interactions with the Victim, offered to send officers to take his complaint, but he refused and insisted he would only meet with the sergeant one-on-one.
Justice made an initial appearance this morning before U.S. Magistrate Judge Payson and was detained pending a detention hearing.
The complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Greece Police Department, under the direction of Chief Michael Wood, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Acting Major Kevin Sucher.
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.
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Rochester business leader pleads guilty to misusing federal grant fundingRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Arkady Malakhov, 52, New York, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conversion/unlawful conveying of government money, which carries a maximum penalty of one year in prison, and a fine of $100,000.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that in 2006, Malakhov became Chief Executive Officer of Solid Cell, Inc., a small business in Rochester, NY. In December 2016, Malakhov submitted a proposal to the National Science Foundation (NSF) for a Small Business Innovation Research (SBIR) grant for a project entitled, “SBIR Phase I: Integrated Thermoelectric Heat Exchanger (iTEG-HX) for Carbon Neutral Electricity Production through Recovery of Cold Energy from Regasification of LNG.” In July 2017, NSF awarded Solid Cell, Inc., a $225,000 SBIR grant to support the project. That same month, Malakhov requested a payment of $100,000 of the grant funding. NSF transferred the funding to Solid Cell, Inc.’s bank account, which Malakhov controlled. Malakhov converted a portion of the NSF grant funds to his own use and, knowing that he did not have the authority to do so, conveyed this NSF money to other parties for purposes unrelated to the project. Later that month, Malakhov requested and obtained another $100,000 of the project’s grant funding, which was also deposited into a bank account he controlled. Once again, Malakhov converted a portion of this money to his own use and to other parties for purposes unrelated to the Project.
The plea is the result of an investigation by the National Science Foundation Office of Inspector General, under the direction of Inspector General Allison Lerner, and the Department of Energy Office of Inspector General, under the direction of Inspector General Teri L. Donaldson.
Sentencing is scheduled for April 22, 2025, at 2:00 p.m. before Judge Geraci.
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Russian woman pleads guilty to attacking CBP officerRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Olesia Sumina, 43, of Russia, pleaded guilty before U.S. Magistrate Judge McCarthy to resisting a federal immigration officer and was sentenced to time served.
Assistant U.S. Attorney Andrew J. Henning, who is handling the case, stated that on October 9, 2024, Sumina traveled to Canada with her two children to file an immigration asylum claim. The claim was refused by Canada Border Services Agency (CBSA), which resulted in Sumina being driven by CBSA to the Peace Bridge Point of Entry. CBSA officers informed Customs and Border Protection (CBP) officers that Sumina became difficult to deal with during transport and that she had spit inside their vehicle. CBP officers attempted to interview Sumina utilizing a language translation application but were unsuccessful. Sumina was uncooperative throughout the interview and was also reluctant to provide her personal information. As CBP officers attempted to gain access to Sumina’s cellular telephone, she grabbed the phone and quickly put it in her pocket. As CBP officers attempted to retrieve the phone, Sumina quickly became aggressive towards them and resisted multiple comply commands.
The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.
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Rochester business owner pleads guilty to tax chargeRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Anthony Carnevale, 53, of North Chili, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to filing a false tax return, which carries a maximum penalty of three years in prison and a fine of $250,000.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that Carnevale, owner of VIP Maintenance Inc. DBA College Bound Sealers, a paving and sealing business, failed to report over $3,000,000 in revenue to the IRS between 2017 and 2021. From the total amount of $3,000,580.33 received from customer checks cashed, Carnevale paid fees to a check cashing business totaling $63,564.19, paid business expenses totaling $62,391.00, and then paid VIP Maintenance Inc.’s employees some of or all their wages in cash totaling $2,143,504.75. The remaining amount of cash received from the checks cashed, $731,120.39, was kept by Carnevale. This resulted in $171,217.00 in unpaid personal income taxes, and $327,956.23 in unpaid payroll taxes.
The plea is the result of an investigation by the Internal Revenue Service, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Division.
Sentencing is set for March 18, 2025, at 2:00 p.m. before Judge Wolford.
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Level 3 registered sex offender going back to prison on multiple child pornography chargesRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Donald Campbell Sr., 62, of Elmira, NY, who was convicted of possession of child pornography following a prior conviction under the laws of New York State relating to the possession of child pornography, was sentenced to serve 144 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between July 25, 2022, and January 9, 2023, he possessed digital devices including a cell phone and an SD card, both of which contained images and videos of child pornography. Campbell downloaded and distributed the images via the internet. In total, he possessed more than 600 images and videos, some of which depicted prepubescent children less than 12 years old being subjected to violent sexual abuse, and the sexual abuse of an infant. Campbell is a registered level-three sex offender (the highest risk level) following two prior felony child pornography offenses in New York State Court in December 2004 and March 2019.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia and the Elmira Police Department, under the direction of Chief Kristen Thorne.
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Jamestown man pleads guilty to meth chargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Justin Brooks, 35, Jamestown, NY, who was convicted of possession with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 97 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on February 8, 2021, Jamestown Police officers responded to Brooks’ residence on Bush Street for a report of a possible assault and initiated an investigation into a burglary/assault. Subsequently, officers executed a search warrant at Brooks’ residence and recovered suspected marijuana, $6,500, scales, packaging material, a sword, and approximately 357 grams of methamphetamine.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
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Jamestown man going to prison for his role in drug conspiracyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Timothy Snyder, 44, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine and 100 grams or more of heroin, was sentenced to serve 130 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Snyder was a drug trafficking associate of Rocco Beardsley. As a part of Beardsley’s drug trafficking organization, Snyder, a manager and supervisor, sold, stored, and packaged drugs; kept drug ledgers; collected money; and coordinated with co-conspirators to sell methamphetamine and heroin/fentanyl. In May 2019, Snyder and his wife were stopped by the Jamestown Police Department and their vehicle was searched. Law enforcement recovered $8,400 in cash, which was drug proceeds to be turned over to Rocco Beardsley.
Rocco Beardsley was previously convicted and is awaiting sentencing.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino III, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
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Rochester man going to prison on gun and drug chargesRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Shawnle McClary, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 400 grams or more of fentanyl, and possession of firearms in furtherance of a drug trafficking crime. The charges carry a minimum sentence of 15 years in prison and a maximum of life.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between 2021 and January 17, 2024, McClary conspired with Timothy Jackson, Jr. a/k/a T a/k/a T-Rock, Gary Fuller a/k/a G, Felicia Collins a/k/a Keisha and others to sell cocaine and fentanyl. McClary regularly packaged cocaine for sale, and transported quantities of cocaine and fentanyl from a stash location at residences on Forester Street to stash and/or sale locations on Angle Street in Rochester. On January 17, 2024, law enforcement searched numerous locations in Rochester utilized by members of the conspiracy as well as McClary’s Mobile Drive residence in the Town of Greece. During the searches, approximately 805 grams of cocaine, 210 grams of fentanyl, 223 grams of cocaine, $7,682 in cash, seven loaded firearms, and drug paraphernalia were seized.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, and the Rochester Police Department, under the direction of Chief David Smith.
Sentencing is scheduled for April 9, 2025, at 11:30 a.m. before Judge Geraci.
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Justice Department Seizes Cybercrime Website and Charges Its AdministratorsRead the Press Release
The Justice Department today announced the seizure of PopeyeTools, an illicit website and marketplace dedicated to selling stolen credit cards and other tools for carrying out cybercrime and fraud, and unsealed criminal charges against three PopeyeTools administrators: Abdul Ghaffar, 25, of Pakistan; Abdul Sami, 35, of Pakistan; and Javed Mirza, 37, of Afghanistan.
According to a criminal complaint unsealed today, Ghaffar, Sami, and Mirza are charged with conspiracy to commit access device fraud, trafficking access devices, and solicitation of another person for the purposes of offering access devices, arising from their roles as administrators of the PopeyeTools website.
As part of the actions announced today, the United States obtained judicial authorization to seize the domains www.PopeyeTools.com, www.PopeyeTools.co.uk, and www.PopeyeTools.to, which long hosted and facilitated access to the PopeyeTools website. According to the affidavit filed in support of these seizures, since in or around 2016, PopeyeTools served as a significant online marketplace dedicated to selling sensitive financial data and other illicit goods and tools of cybercrime to thousands of users around the world, including users associated with ransomware activity. Some of the stolen information included bank account, credit card, and debit card numbers and associated information for conducting transactions. Since its inception, PopeyeTools has offered for sale the access devices and personally identifiable information (PII) of at least 227,000 individuals and generated at least $1.7 million in revenue.
PopeyeTools Splash Page“As alleged, Ghaffar, Sami, and Mirza founded and ran a longstanding online marketplace that sold illicit goods and services for use in committing cybercrimes, including ransomware attacks and financial frauds,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Today’s announcement of the takedown of the PopeyeTools domains, the criminal charges against its operators, and the seizure of cryptocurrency is yet another example of the department’s ‘all-tools’ approach to combatting cybercrime. Working with our domestic and international partners, the Criminal Division is committed to disrupting illicit enterprises through every available means, including by taking over their websites, charging culpable individuals, and seizing their illicit proceeds.”
“Cybercrime knows no boundaries,” said U.S. Attorney Trini E. Ross for the Western District of New York. “I continue to commend the work of our federal law enforcement partners, who joined forces with law enforcement across the globe, to disrupt this illicit marketplace. The perpetrators of this illegal marketplace allegedly sold the credit card information and personally identifiable information of hundreds of thousands of victims, some who live in western New York. Because of the incredible work of law enforcement, this illegal website has been seized and taken down so no one else can be victimized.”
“Dismantling the infrastructure of cyber criminals and seizing their funds are key aspects of the FBI’s cyber strategy,” said Assistant Director Bryan Vorndran of FBI’s Cyber Division. “Today’s announcement marks success on both fronts. In addition to unsealing charges against the administrators of PopeyeTools, we’ve also seized domains and cryptocurrency associated with the cybercriminal marketplace. The FBI will continue to relentlessly pursue the facilitators of cyber crime along with their tools and resources.”
“Today’s seizure of PopeyeTools, an illegal website and marketplace, highlights the FBI’s dedication to weaken cybercrime,” said Special Agent in Charge Matthew Miraglia of the FBI Buffalo Field Office. “This takedown is a significant example of the FBI’s technical capabilities, as well as our strong relationships with our international partners to protect people from cybercriminals operating these types of online marketplaces.”
According to court documents, the PopeyeTools marketplace’s motto was “We Believe in Quality Not Quantity,” and the website made a name for itself by allegedly selling stolen access devices and other illicit goods and services that were valid and thereby suited to committing financial fraud. For instance, the “Live Fullz” section offered unauthorized payment card data and PII for cards that were marketed as “live” — i.e., could be used to conduct fraudulent transactions — at a price of approximately $30 per card. Other sections included “Fresh Bank Logs,” which offered logs of stolen bank account information, “Fresh Leads” or email spam lists, “Scam pages,” and “Guides and Tutorials.”
To attract members to the marketplace, PopeyeTools allegedly promised to refund or replace purchased credit cards that were no longer valid at the time of sale. In addition, at different times, PopeyeTools provided customers with access to services that could be used to check the validity of bank account, credit card, or debit card numbers offered through the website.
As part of the actions announced today, the United States also obtained judicial authorization to seize approximately $283,000 worth of cryptocurrencies from a cryptocurrency account controlled by Sami.
If convicted, Ghaffar, Sami, and Mirza face a maximum penalty of 10 years in prison on each of the three access device offenses. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Buffalo Field Office investigated the case.
The Justice Department’s Office of International Affairs provided assistance. The Justice Department appreciates the significant assistance provided by law enforcement partners in the United Kingdom and Malaysia.
Senior Counsel Aarash A. Haghighat of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Paul Bonanno for the Western District of New York are prosecuting the case. Assistant U.S. Attorney Elizabeth Palma for the Western District of New York also assisted with the announced seizures.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Niagara Falls Crips member sentenced on drug chargesRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Michael Pryor, 27, of Niagara Falls, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine, and distribution of fentanyl within 1,000 feet of public housing property, was sentenced to serve 36 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between June and October 21, 2022, Pryor conspired with co-defendants Shawn Pryor, Cameron Lee, and others to sell cocaine. Pryor, Shawn Pryor, and Cameron Lee, identified as members/associates of the Crips Gang, assisted each other with the distribution of narcotics by selling drugs to one another when one of them needed some drugs to sell to a customer. In addition, on October 7, 2022, Michael Pryor sold fentanyl to an undercover law enforcement officer within 1,000 feet of the Anthony Spallina Towers, a housing facility owned by the Niagara Falls Municipal Housing Authority, a public housing authority. He also sold cocaine, crack cocaine, and fentanyl to the undercover officer and an individual working with law enforcement during the course of the conspiracy.
On October 16, 2022, in furtherance of the conspiracy, Pryor, Shawn Pryor, and another individual drove to a convenient store on Ashland Avenue in Niagara Falls and beat up a rival drug dealer, who was selling drugs in their area. They later chased the victim into the convenience store before leaving the area. The victim was treated for a laceration to his right hand and a chip fracture of a wrist bone.
Shawn Pryor and Cameron Lee were previously convicted.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Niagara Falls Police Department, Superintendent Nick Ligammari, and the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti.
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Leader in debt collection scheme going to prisonRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Joseph Ciffa, 56, of Tonawanda, NY, who was convicted of conspiracy to commit wire fraud and filing a false tax return, was sentenced to serve 37 months by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that Ciffa was involved in the debt collection business since at least 2013. Since early 2015, Ciffa ran, and conspired with others to run, an illegitimate debt collection business, operating out of multiple locations, which included: 1625 Buffalo Avenue in Niagara Falls, NY; 870 Ontario Street and 1567 Military Road, both in Kenmore, NY; and out of his home office on Grand Island. The operation utilized fraudulent means to collect debts, to recollect on debts already collected, to over-collect on debts actually owed, and to process and transfer payments related to the collection of such debts. Debt collectors made threatening statements over the telephone to debtors in an effort to induce payment of debts. Those statements included reference to criminal statutes, and the filing of criminal complaints and/or warrants. In order to intimidate debtors and induce payment, debtors were routinely routed to employees who posed as attorneys during the calls.
Between January 2015, and December 2016, Ciffa’s operation collected approximately $3,061,205 from victims. Ciffa also filed a false tax return for the tax year 2015, underreporting his business income, thereby avoiding a total tax liability of approximately $15,651. In addition, in 2016 Ciffa committed fraud involving Medicaid benefits. He lied in an application to the Erie County Department of Social Services, by under-reporting his income, in order to obtain benefits for himself and his children.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special-Agent-in-Charge Erin Keegan; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso; the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Ketty Larco-Ward; and the New York State, Office of Inspector General, under the direction of Inspector General Lucy Lang.
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Buffalo man indicted on charges of selling fentanyl that resulted in two deathsRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a superseding indictment charging Rashaun Crule, 30, of Buffalo, NY, with narcotics conspiracy and distribution of fentanyl resulting in the death, which carry a mandatory minimum penalty of 20 years in prison and a maximum of life.
Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that, according to the superseding indictment, in February 2023, Crule distributed fentanyl to two individuals identified as M.M. and B.Y. in Amherst, NY. The victims believed they were purchasing cocaine, when in reality Crule delivered a bag of pure fentanyl. Both M.M. and B.Y. ingested the fentanyl shortly after receiving it, overdosed immediately, and died as a result. The victims bodies were not discovered for several days. A search of Crule’s cell phone determined that he deleted all messages between himself and one of the victims. In addition, about five months after the deaths of the two victims, Crule joked in a text message with another individual about the strength of the fentanyl that he was selling, responding with laughing emojis to a message suggesting his fentanyl was strong enough to cause overdoses.
At the time, Crule was on probation for a 2022 felony drug conviction in Erie County.
The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, and the Amherst Police Department, under the direction of Chief Scott Chamberlin.
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.
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Buffalo man sentenced for his role in narcotics conspiracy which resulted in a triple homicideRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that James Reed a/k/a Fatts, 42, of Buffalo, NY, who was convicted of narcotics conspiracy, conspiracy to obstruct justice, use of fire to commit a felony, and accessory after the fact, was sentenced to serve 166 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Michael J. Adler, Maeve E. Huggins, and Joseph M. Tripi, who handled the case, stated that beginning in 2014, Reed, and others, began receiving and selling marijuana, heroin, and cocaine. Reed, and his co-conspirators utilized 973 Fillmore Avenue to store, package, and sell the illegal narcotics. In furtherance of the narcotics conspiracy, on September 15, 2019, Reed accompanied co-defendant Jariel Cobb to purchase a kilogram of cocaine from Miguel Anthony Valentin-Colon and Dhamyl Roman-Audiffred, who served as Cobb’s sources of supply. Valentin-Colon, along with his wife. Nicole Marie Merced-Plaud, their minor son, and Roman-Audiffred, arrived in their vehicle, a white minivan, at a residence on Roebling Avenue, as directed by Cobb. Roman-Audiffred exited the van and entered the residence’s kitchen, at which time co-defendant Deandre Wilson hit her in the head with a blunt object and she fell to the floor. Wilson then went outside and shot and killed both Valentin-Colon and Merced Plaud, in the presence of their minor son, who was seated in a child’s car seat. Wilson then drove the minivan and parked it on Scajaquada Street near Kilhoffer Street in Buffalo.
A short time later, Reed and Cobb moved the body of Dhamyl Roman-Audiffred from the kitchen into the residence’s basement, where they dismembered her body. Cobb placed the body parts into multiple trash bags and placed them into the trunk of his vehicle, and then Cobb and Reed drove to a residence on Box Avenue, removed the trash bags, and placed them into a burning fire in a fire pit area in the backyard.
The following day, during the early morning hours of September 16, 2019, Cobb and Wilson retrieved the minivan from Scajaquada Street, with the bodies of Miguel Valentin-Colon and Nicole Marie Merced-Plaud still inside, as well as their minor son. They drove the minivan into the yard of a residence on Tonawanda Street and doused the vehicle and the bodies with gasoline, lighting the vehicle and bodies on fire. They took the minor child and left him on a stranger’s porch on Potomac Avenue in Buffalo.
James Cobb and Deandre Wilson were previously convicted. Cobb was sentenced to serve 20 years in prison, while Wilson was sentenced to serve three life sentences.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; the Erie County Central Police Services Forensic Laboratory, under the direction of Commissioner James Jancewicz. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney Michael Keane.
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Lockport man pleads guilty to distributing child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Gerard Dzierzanowski, 52, of Lockport, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to distribution of child pornography, which carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in February 2023, Dzierzanowski began communicating with who he believed was a 13-year-old girl using the Whisper Messenger application. The communications later transitioned to Kik Messenger, another online application. Dzierzanowski thought he was communicating with an actual 13-year-old girl, when in reality, he was communicating with an undercover law enforcement officer, who was involved in an investigation aimed at identifying users of Whisper and Kik attempting to engage in criminal sexual activity with children. The undercover officer repeatedly advised Dzierzanowski during the Kik chat that she was 13 years old. Dzierzanowski sent multiple images that meet the definition of child pornography. Dzierzanowski also sent videos that depicted a prepubescent female child engaged in sexually explicit behavior with an adult male. During the online conversations, Dzierzanowski requested the 13-year-old girl engage in sexually explicit behavior with him. The defendant also sent a “selfie” of himself, and a sexually explicit video of himself. In August 2023, a search warrant was executed at Dzierzanowski’s residence, during which multiple digital items, which contained images and videos depicting children engaged in sexually explicit conduct, were seized.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.
Sentencing will be scheduled at a later date.
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