Western District of New York
Press releases recorded for this federal judicial district.
Elmira man with prior child sex conviction going to prison on new child pornography chargeRead the Press Release
Rochester, N.Y.-U.S. Attorney Trini E. Ross announced today that Eugene R. Criss, Jr., 55, of Elmira, NY, who was convicted of possession of child pornography by an individual with a prior sex offense conviction, was sentenced to serve 120 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in July 2013, Criss was convicted of Criminal Sex Act – 1st Degree – Victim Less Than 11 Years Old. On April 5, 2023, Criss possessed a cellphone, a thumb drive, a tablet, and a laptop, which contained over 1,000 images and videos of child pornography, some of which depicted prepubescent children engaged in sexually explicit conduct and violence or the sexual abuse of an infant or toddler.
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.
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Rochester man charged for purchases made on illicit online marketplaceRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Brandon Hall, 23, of Rochester, NY, was charged by criminal complaint with possessing 15 or more unauthorized access devices. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that since August 2018, the FBI has been investigating an illicit online marketplace known as Genesis Market, whose operators compile stolen data, such as computer and mobile device identifiers, email addresses, usernames, and passwords, from malware-infected computers around the globe and package it for sale on the market. Purchases made through Genesis Market are conducted using virtual currency, such as bitcoin.
According to the complaint, between November 2019, and February 2021, Hall purchased 12 packages on Genesis Market that included approximately 1,100 stolen account credentials. The stolen credentials included accounts for Citi Bank, AT&T, Venmo, Twitter, Netflix, LinkedIn, Spotify, Hulu, Google, Paypal, Microsoft, Yahoo, Walmart, Target, and Amazon accounts. In May 2023, investigators executed a search warrant and seized Hall’s cell phone. An analysis of the phone recovered information regarding Hall’s activity on Genesis Market.
Hall will make an initial appearance before U.S. Magistrate Judge Mark W. Pedersen on February 7, 2024, at 2:15 p.m.
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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Settlement agreement reached with Williamsville nail salon involving violation of the Americans with Disabilities ActRead the Press Release
BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that the U.S. Attorney’s Office has reached a settlement with a Williamsville, NY, nail salon to resolve allegations that the salon discriminated against an individual with a disability in violation of the Americans with Disabilities Act of 1990 (ADA).
Under the settlement, Le Petit Nails & Spa Inc. will not discriminate against any individual on the basis of disability, including individuals who use a service animal; Le Petit will post signs which clearly state “NOTICE: SERVICE ANIMALS WELCOME;” Le Petit will adopt a nondiscrimination policy, provide the policy to all current and future employees, and enforce the policy; and Le Petit will pay $1,000 to the complainant in this case.
The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to public accommodations such as nail salons. This settlement agreement is the sixth agreement that the Department of Justice has reached with a nail salon through its U.S. Attorney Program for ADA Enforcement, and the first in the Western District of New York.
- In June 2021, the U.S. Attorney’s Office for the Middle District of North Carolina entered a settlement agreement resolving an allegation that a nail salon in Durham, North Carolina, refused to provide services to an individual with HIV.
- In June 2022, the U.S. Attorney’s Office for the Eastern District of Louisiana reached a settlement agreement with a nail salon in Harahan, Louisiana, to resolve an allegation that an individual was refused services because of the inability to transfer out of their wheelchair.
- In February 2023, the U.S. Attorney’s Office for the District of New Jersey entered a settlement agreement with a nail salon in Ocean County, New Jersey, to resolve allegations that the salon discriminates against individuals with mobility impairments.
- In June 2023, the U.S. Attorney's Office for the District of Arizona reached a settlement agreement with a nail salon in SunTan Valley, Arizona, to resolve allegations that the nail salon discriminated against a customer with paraplegia because she uses a wheelchair and does not have complete hand function.
- In October 2023, the U.S. Attorney's Office for the District of Kansas entered a settlement agreement with a nail salon in Kansas City, Kansas, to resolve allegations that the salon refused nail services to a woman with cerebral palsy who used a motorized wheelchair.
Individuals who believe they may have been victims of discrimination may contact the U.S. Attorney’s Office at (716) 843-5700 or file a complaint with the Department of Justice Civil Rights Division at: https://civilrights.justice.gov/report/. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).
The government is represented by the Civil Rights Coordinator James E. B. Bobseine of the U.S. Attorney’s Office in Buffalo, New York.
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Wayne County going to prison for possession of child pornographyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Frederick Trevitt, 63, of Newark, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 144 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that on January 4, 2023, Trivett possessed a laptop, which contained 368 images and 26 videos of child pornography. Some of the images and videos depicted prepubescent minors and included violence or the sexual abuse of an infant or toddler. Trevitt also admits that he engaged in a pattern of activity involving the sexual abuse of a minor for approximately seven years.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the New York State Police, under the direction of Major Miklos Szoczei II. Additional assistance was provided by the Wayne County District Attorney’s Office.
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Lyons man pleads guilty to child pornography chargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that that Randall Seeley, Jr., 45, of Lyons, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in July 2023, the New York State Police received a report that Seeley had been involved in sexually explicit online communications with a 13 to 14-year-old minor. During an investigation, Seeley admitted knowing the minor and engaging in sexual communications, during which he solicited and received explicit images and videos of the minor. A review of the minor’s social media accounts revealed the sexually explicit communications with Seeley, going back as far as July 2022. A search warrant was executed at Seeley’s residence, during which his electronic devices were seized. A preliminary forensic analysis of the devices uncovered hundreds of images and videos of child pornography depicting the known minor and other, unknown minors.
The plea is the result of an investigation by the New York State Police, Lyons, under the direction of Major Miklos Szoczei II, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Sentencing is scheduled for May 23, 2024, at 9:15 a.m. before Judge Siragusa.
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Last member of car theft ring sentencedRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Dennis L. Jones, 33, of Fort Lauderdale, FL, who was convicted of bank fraud, was sentenced to serve 57 months in prison, by U.S. District Judge David L. Larimer. Jones is the final defendant in a series of “smash and grab” car robberies to be sentenced.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between December 2021, and March 2022, Jones and three others drove up the East Coast from Florida to Rochester, NY, for the purpose of stealing purses from unoccupied vehicles in gym parking lots, retail parking lots, hiking trails and residential neighborhoods. The defendants used stolen driver’s licenses to cash stolen checks totaling $55,310 at local banks. Over 20 victims were identified in the Rochester Area, as well as additional victims along the East Coast.
In addition, defendant Liza J. Freiman, 33, of Boston, MA, was sentenced to serve 12 months in prison; defendant Allen Clark, 34, of Fort Lauderdale, FL, was sentenced to 84 months in prison; and defendant Ja’Cari Robinson, 22, also of Fort Lauderdale, FL, was sentenced to six months in prison.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Jamestown woman pleads guilty for her role in drug conspiracyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Stacey Beardsley aka Stacey J. Peterson, 37, of Jamestown, NY, pleaded guilty before U.S. District Judge Michael J. Roemer to misprision of felony, which carries a maximum penalty of three years in prison.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between late 2018, and March 2020, Beardsley’s husband, Rocco Beardsley, was involved in a drug trafficking conspiracy. Rocco Beardsley purchased and distributed large quantities of heroin, fentanyl, methamphetamine, and other controlled substances in the Jamestown area. Stacey Beardsley knew of these drug trafficking activities, financially benefited from his activities, and actively concealed and assisted in his drug trafficking activities. Following an arrest in May 2019, Rocco Beardsley called Stacey Beardsley from jail and asked her to go to Erie, PA, to get his “stuff.” She failed to notify any authority about the request, and instead drove to Erie, PA, as requested to pick up Rocco Beardsley’s stuff, including drugs. On her way back to Jamestown, Stacey Beardsley was stopped by law enforcement and a search of her vehicle recovered quantities of methamphetamine and heroin. In January 2020, two controlled purchases of drugs from Rocco Beardsley took place at the residence he shared with Stacey Beardsley, who failed to notify any authority of the federal felony conduct. Charges are pending against Rocco Beardsley.
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 Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, the Jamestown Police Department, under the direction of Jamestown Police Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division. OCDETF.
Sentencing will be scheduled at a later date.
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Federal grand jury indicts Buffalo man on drug charge involving death of a toddlerRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Javonte Holloway, 23, of Buffalo, NY, with distribution of controlled substances causing death and trafficking in counterfeit drugs causing death. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, on December 2, 2022, Holloway distributed fentanyl, which caused the death of a toddler. In addition, Holloway sold counterfeit M-30 oxycodone hydrochloride pills containing fentanyl and acetyl fentanyl.
The indictment 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 Niagara County Sheriff’s Office, and the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Lockport Police Department, under the direction of Chief Steven Abbott.
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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Four time felon going back to prison on new drug and gun chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Ivan Morales, 48, of Buffalo, NY, who was convicted of possession with intent to distribute 500 grams or more of cocaine and being a felon in possession of firearms, was sentenced to serve 120 months in prison by U.S. District Judge John L. Sinatra. Jr.
Assistant U.S. Attorneys Louis A. Testani and Casey Chalbeck, who handled the case, stated that on October 13, 2022, law enforcement officers executed a search warrant at Morales’s Ideal Street residence and seized suspected marijuana, a digital scale, and approximately $2,546.00 in U.S. currency. They also searched a Shanley Street apartment associated with Morales and seized approximately 1.5 kilograms of cocaine, 12 clear bags containing cocaine, suspected MDMA pills, eight firearms, numerous magazines and ammunition, drug paraphernalia, and 250 $100 bills, for a total of $25,000.00 in U.S. currency. In 1998, 2004, 2006, and 2020, Morales was convicted of felonies in state and federal court and is legally prohibited from possessing firearms.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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Rochester man pleads guilty to child pornography charge involving cameras hidden in a church bathroomRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 61, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to receipt 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 Meghan K. McGuire, who is handling the case, stated that between 2012 and 2014, Nicot hid a camera in the bathroom of a church located in the Western District of New York. Nicot positioned the camera so that it would capture video and images of naked individuals using the shower in the church bathroom. He did this knowing some of the individuals would be under the age of 18 and he planned to display the video of the minors. On July 21, 2022, law enforcement executed a warrant at the Nicot’s residence and recovered a memory card and USB drive, which contained videos and images of at least five minor victims using the church bathroom and shower. Two cell phones were also seized, which contained naked images of a minor victim that were recorded by a camera hidden in a bathroom of Nicot’s residence.
The plea is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for May 6, 2024, before Judge Geraci.
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Buffalo man going to prison on gun conspiracy charge involving machine gunsRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Angel Flores, 36, of Buffalo, NY, who was convicted of conspiracy to deal in the business of dealing firearms without a license, was sentenced to serve 18 months in prison by Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that on October 27, 2022, Customs and Border Protection officers intercepted a parcel, sent from China, at the FedEx facility at the Memphis International Airport in Memphis, Tennessee. The parcel contained parts for several Machine Gun Conversion Devices (MCDs), which were concealed in a bag comingled among black plastic drawstring clips. The parcel, addressed to a residence on Sweet Avenue in Buffalo, was seized and turned over to Homeland Security Investigations. Subsequent investigation determined Flores resides at the Sweet Street address. On November 9, 2022, an investigator delivered the parcel, without the MCDs, to the front steps of the Sweet Avenue residence. A short time later, Flores took the parcel inside before exiting the residence, at which time he was taken into custody.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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Fentanyl dealer operating in Medina and Rochester going to prison for 10 yearsRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Ebony Shine, 37, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Shine was arrested on November 15, 2022, after investigators executed federal search warrants at her residence on Post Avenue in Rochester and several other locations. During the search of Shine’s residence, approximately $4,506.00 in U.S. currency, drug paraphernalia, three firearms, and over 100 rounds of ammunition, were recovered. On 12 occasions between October 2021, and November 15, 2022, at locations in Medina and Rochester, Shine sold over 440 grams of fentanyl, 119 grams of cocaine, and a 9mm pistol to an individual working with law enforcement. Shine supervised the distribution of quantities of fentanyl by her sons and co-conspirators, Emmanual Taylor, and Nasir Shine. Taylor and Nasir Shine 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 Orleans County Major Felony Crime Task Force, under the direction of the Orleans County District Attorney’s Office and District Attorney Joseph Cardone, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Orleans County Sheriff’s Office, under the direction of Sheriff Christopher Bourke, the Medina Police Department, under the direction of Chief Todd Draper, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Rochester Police Department, under the direction of Chief David Smith.
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Jamestown man arrested, charged in drug conspiracyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Curtis Snyder, 51, of Jamestown, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, state that according to the complaint, Snyder utilized Facebook to communicate and facilitate his drug trafficking activities with Rocco Beardsley. During the investigation, investigators recovered communications between Snyder and Beardsley during which Snyder offered to distribute drugs for Beardsley. Snyder and Beardsley also discussed heroin and fentanyl transactions. Beardsley is also charged in the drug conspiracy.
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 complaint is the result of an investigation by the Jamestown Police Department, under the direction of Jamestown Police Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Rochester mail carrier pleads guilty to theft of mailRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlene Cruz, 40, of Rochester, NY, pleaded guilty to theft of mail matter by officer or employee, before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in January 2022, the U.S. Postal Service (USPS) received complaints from individuals stating that their mail had been tampered with in late 2021. Subsequent investigation determined that Cruz, a full-time Mail Carrier, worked the mail route involving the complaints. Further investigation determined that between January 2022, and November 2023, Cruz routinely opened envelopes and parcels, removing items such as ticket stubs, documents, cash, lottery tickets, and gift cards, on dozens of occasions.
In May and November 2023, investigators conducted mail integrity tests, placing greeting cards containing cash and gift cards in the mail to be delivered by Cruz. On November 2, 2023, at the end of her shift, investigators detained Cruz and executed a warrant for her person and personal belongings. During the search, they recovered a gift card from one of the mail integrity test greeting cards inside Cruz’ personal duffle bag.
The plea is the result of an investigation by the U.S. Postal Service Office of Inspector General, under the direction of Matthew Modafferi, Special Agent-in-Charge Northeast Field Office.
Sentencing is scheduled for May 9, 2023, at 9:15 a.m. before Judge Siragusa.
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Elmira man arrested for attempting to have sex with a minorRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Jacob Brewer, 31, of Elmira, NY, was arrested and charged by criminal complaint with attempted enticement of a minor, attempted receipt of child pornography, and attempted possession of child pornography, which carry a mandatory minimum penalty of 10 years in prison and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on August 19, 2024, a parent reported to the Elmira Police Department that his 16-year-old daughter (Minor) was contacted on Facebook and Instagram by a 31-year-old male, who he believed to be Brewer. The parent stated that Brewer provided his phone number to the Minor and asked her to text him. In response, the parent sent text messages to Brewer posing as the Minor. During this conversation, Brewer attempted to arrange a meeting to engage in sexual activity with the Minor and sent sexually explicit photos and videos of himself. The parent then provided the messages exchanged with Brewer to the Elmira Police. The messages were subsequently turned over to the New York State Police (NYSP).
A NYSP investigator began exchanging messages with Brewer, posing as the Minor. They exchanged over 1,500 messages. During that time, Brewer sent over 60 pictures, videos, and files, many sexually explicit in nature. On October 1, 2024, Brewer and “the Minor” made plans to meet the following day to engage in sexual activity at Brewer’s residence. Brewer told “the Minor” to look “like ur 18.” On October 2, 2024, investigators executed a search warrant and took Brewer into custody. Investigators seized the cell phone Brewer used to communicate with the Minor. A search of the cell phone also recovered multiple conversations via several messaging applications between Brewer and various females, including suspected minors. Many of the conversations were sexual in nature.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, the New York State Police, under the direction of Acting Major Kevin Sucher, and the Elmira Police Department, under the direction of Chief Kristen Thorne.
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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Steuben County man going to prison for possession of child pornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that John Buckley, 61, of Wayland, NY, who was convicted of possession of child pornography, was sentenced to serve 10 years in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between August and December 2021, Buckley used his cellphone to take sexually explicit photos of a minor female. On August 30, 2022, the FBI executed a federal search warrant on the cellphone and recovered 31 images containing child pornography, including images of the minor female.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the FBI Chicago Field Office and the Joliet, Illinois Police Department.
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Rochester man pleads guilty to submitting false claims to the IRS resulting in a refund of hundreds of thousands of dollarsRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Eugene Jamar Thomas, 45, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to submitting false claims to the Internal Revenue Service. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on his 2015 tax return, Thomas reported that he earned $819,934 of interest income in 2015 and that he had $818,834 of that income withheld and paid to the IRS as tax. Thomas falsely claimed that he was entitled to a refund of $495,655. After receiving the fraudulent refund, Thomas deposited the $482,017 check into two separate bank accounts. In September and October 2016, Thomas withdrew approximately $226,000 from these accounts. Subsequently, the IRS discovered the fraudulent filing and return, and immediately levied the bank accounts, recovering approximately $256,250. In actually, Thomas did not earn any interest income in 2015, did not have any interest income withheld, and was not entitled to any refund.
In addition, on his 2016 tax return, Thomas again falsely claimed that he had earned $4,731,845 of interest income and had $4,683,641 of that income withheld and paid to the IRS. The IRS flagged the 2016 tax return and did not pay a $2,683,945 anticipated refund to Thomas.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for April 25, 2024, before Judge Wolford.
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Hornell restaurant owner sentenced to tax chargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Theodore LaFrance, of Hornell, NY, who was convicted of aiding or assisting in the preparation of a false or fraudulent tax return, was sentenced to serve two years’ probation, to include six months of home detention, by Chief U.S. District Judge Elizabeth A. Wolford. LaFrance was also ordered to pay restitution totaling $36,040 to the IRS.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that LaFrance, who owned and operated T&J Country Kitchen Inc. in Hornell, hired Staff Leasing Inc. to provide payroll services for his business. Between 2014 and 2018, LaFrance provided false information to Staff Leasing Inc. regarding the wages T&J Country Kitchen Inc. paid to its cooking and cleaning staff. LaFrance did not report the wages that were paid in cash to staff members. As a result, Staff Leasing Inc. used the false information to complete and file quarterly Forms 941 on behalf of T &J Country Kitchen Inc. IRS. Between 2014 and 2018, T&J Country Kitchen’s 941s did not include a total of $235,560.42 in wages, which resulted in a tax loss of approximately $36,040.74.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge.
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Schuele Boy going to prison for 18 years for racketeering conspiracyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Roderick Arrington, a/k/a Ra-Ra, 42, of Buffalo, NY, who was convicted of racketeering conspiracy, was sentenced to serve 216 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that Roderick was a member of the Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo. The Schuele Boys Gang was responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
The sentencing is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; and the New York State Police, under the direction of Major Eugene Staniszewski.
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Cheektowaga man pleads guilty to sex traffickingRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that James Fox, 41, of Cheektowaga, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to sex trafficking by coercion, which carries a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and a $250,000 fine.
Assistant U.S. Attorneys Nicholas T. Cooper and Aaron J. Mango, who are handling the case, stated that between January 2019, and May 2020, Fox coerced an individual identified as T.P. to engage in commercial sex acts for him, providing T.P., who was addicted to heroin, with heroin and crack cocaine in exchange for sex. On the verge of physical withdrawal sickness, Fox supplied T.P. with small amounts of heroin to keep T.P. dependent and to coerce T.P. to engage in commercial sex acts, which included the use of physical restraints. On one occasion, T.P. suffered a heroin overdose. Fox administered four doses of Narcan and T.P. ultimately regained consciousness.
In addition, between 2018 and 2021, Fox coerced five other individuals to engage in commercial sex acts for him. Fox provided these victims, who were also addicted to heroin, with heroin and crack cocaine in exchange for sex. Similarly to T.P., these victims would be on the verge of physical withdrawal sickness, and Fox would supply them with a small mount to keep them dependent and to coerce them to engage in commercial sex acts, which included the use of physical restraints.
The plea is a result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Lancaster Police Department, under the direction of Chief William Karn. Jr. and Cheektowaga Police Department, under the direction of Chief Brian Coons.
Sentencing is scheduled for May 15, 2024, at 10:00 a.m. before Judge Sinatra.
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Western District of New York Human Trafficking Task Force announces series of trainingsRead the Press Release
BUFFALO, N.Y. - January is Human Trafficking Prevention Month, a time to raise awareness about all forms of trafficking, including sex trafficking and labor trafficking. U.S. Attorney Trini E. Ross announced today that the Western District of New York Human Trafficking Task Force is kicking off a series of training conferences to educate members of law enforcement, the legal community, and non-government organizations that provide services to victims and survivors of human trafficking.
The first training conference is scheduled for tomorrow, January 10, 2024, from 9:00 am-12:30 pm at Jamestown Community College, Hultquist Library Building Lenna Theater, 525 Falconer Street, Jamestown, NY, 14701.
The conference will cover a victim-centered approach to identifying, investigating and prosecuting trafficking cases and responding to trafficking victims and survivors. Presentations will include sex trafficking, labor trafficking, domestic violence and child trafficking, and services and resources that are available for victims and survivors. Additional conferences will be held in the coming weeks and months throughout the Western District of New York.
According to a proclamation from President Biden declaring January 2024 as Human Trafficking Prevention month, more than 27 million people around the world endure the abuse of human trafficking and forced labor, including thousands of people right here in the United States. For more information on sex and labor trafficking, including services and resources, go to: https://ovc.ojp.gov/program/human-trafficking/overview.
The Western District of New York Human Trafficking Task Force, which includes the U.S. Attorney’s Office, Erie County Sheriff’s Office, and International Institute of Buffalo, brings together law enforcement and social and legal service agencies to collaborate on human trafficking cases. The Western District of New York includes the 17 counties: Allegany; Cattaraugus; Chautauqua; Chemung; Erie; Genesee; Livingston; Monroe; Niagara; Ontario; Orleans; Schuyler; Seneca; Steuben; Wayne; Wyoming; and Yates.
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Rochester man charged with production of child pornography involving 13-year-old girlRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Nicholas Laffin, 28, of Rochester, NY, was arrested and charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on December 27, 2023, the Albion Police Department received a report that a man was found in the bedroom of a 13-year-old girl (Minor Victim), together with the Minor Victim. The man fled the area but left a cell phone in bedroom. The Minor Victim told police that she met the man at the Hoag Library in Albion, and believed him to be approximately 20 years old. A few days later, on December 31, 2023, Laffin was located in Albion near the Minor Victim’s residence and advised Albion Police that his cell phone had been stolen on December 26, 2023, in Albion, NY. Laffin was arrested for endangering the welfare of a child. On January 3, 2024, seven items of digital evidence were turned over to the FBI. An initial review of Laffin’s cell phone located in the Minor Victim’s bedroom recovered multiple images and video files of child pornography involving the Minor Victim.
The complaint is a result of an investigation by the Albion Police Department, under the direction of Chief David Mogle, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Tonawanda Police Department, under the direction of Chief James Stauffiger.
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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Missouri man pleads guilty to receiving child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Andrew Neal, 22, of Columbia, Missouri, who was convicted of receipt of child pornography, was sentenced to serve 20 years in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between July 2018, and November 5, 2020, Neal received and attempted to receive sexually explicit images from three minor victims located in Lancaster, NY, San Francisco, California and Springfield, Missouri. Neal contacted the victims through Instagram and requested the sexually explicit images. If the victims did not comply, Neal threatened to share images previously sent by the victims with their Instagram followers. The victims initially complied but once they stopped, Neal did in fact share images with some of their Instagram followers.
The sentencing is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Federal jury convicts Mayville man of sex trafficking a minorRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted William A. Quinones, 49, of Mayville, NY, of transportation of a minor with intent to engage in criminal sexual activity and sex trafficking of a minor. The charges 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 handled the prosecution of the case, stated that in July 2021, the Chautauqua County Sheriff's Office received a complaint that Quinones had been sexually abusing two children over the past eight years. A subsequent investigation identified a total of four minor victims. During interviews with investigators, the victims stated that Quinones raped or attempted to rape and sexually abused them. Quinones threatened them with violence or threatened to hurt their families if they disclosed what he was doing. Quinones had regular sexual contact with one minor victim, referred to in the indictment, beginning when she was eight years old, as often as three to four times each week. The minor victim told investigators that Quinones started paying her in exchange for sexual contact, beginning when she was 13 years old until age 16 years old. On one occasion, Quinones took her to Erie, PA, to pick up drugs. Prior to returning home, Quinones stopped at a motel to engage in sexual intercourse. During the course of the sexual abuse, Quinones repeatedly raped and physically abused her.
The verdict is a result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
Sentencing is scheduled for June 28, 2024, 9:30 a.m. before U.S. District Judge John L. Sinatra, Jr. who presided over the trial.
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Federal jury convicts father and son for killing a Niagara Falls man in furtherance of a drug conspiracyRead the Press Release
BUFFALO, N.Y. – The U.S. Attorney’s Office announced today that a federal jury has convicted Lavon Parks, a/k/a Dutch, 32, and his father, James C. Parks, 58, both of Niagara Falls, NY, of narcotics conspiracy, discharge of a firearm in furtherance of a drug trafficking crime, and discharge of firearm causing death. In addition, Lavon Parks was also convicted of attempt to possess, with intent to distribute, 500 grams or more of cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys P. Richard Antoine, Caitlin M. Higgins, and Joel L. Violanti, who handled the prosecution of the case, stated that between May 2017, and March 2019, the defendants were part of a conspiracy to sell cocaine in the Niagara Falls and Buffalo, NY areas. On the afternoon of January 21, 2018, Kevin Turner was murdered in a shooting in front of a Niagara Street residence in Niagara Falls. Turner was an alleged crack cocaine dealer who had recently moved from Buffalo to Niagara Falls, where, the night before the shooting, he was staying just a few blocks from the scene of the shooting. The afternoon of the shooting, Turner went to the Niagara Street residence to sell crack cocaine. After exiting the residence, Turner was shot and killed. Evidence was presented by the Government that Lavon Parks and James Parks were driving around the area in a truck immediately before the shooting, apparently looking for someone. Video evidence placed a truck registered to Lavon Parks’ then-girlfriend in the immediate area of the shooting both before and after the murder. Ballistics recovered from the scene of the shooting matched a firearm that was recovered approximately two weeks later from an individual in Niagara Falls who was not near the scene at the time of Turner’s death. The firearm, however, was one of several firearms that were illegally trafficked from Pittsburgh, PA, by an individual who testified that he sold this type of firearm, along with at least seven others, to Lavon Parks in exchange for drugs.
The investigation included a series of controlled buys and payments involving defendant Lavon Parks. Investigators seized approximately 8.5 kilograms of cocaine and $52,000 in U.S. currency from postal parcels shipped from Puerto Rico to various locations in the Western District of New York, Florida, Alaska, Georgia, and Pennsylvania using the United States Postal Service. The shipments were made to co-conspirators. Additionally, the investigation identified $55,700 in U.S. currency and/or money orders shipped in parcels from co-conspirators to Puerto Rico as payment to the source of supply for the cocaine.
The jury verdict is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino III, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division; and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division.
Sentencing is scheduled for June 26, 2024, for Lavon Parks and June 27, 2024, for James Parks, both before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.
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Wheatfield man sentenced for his role in debt collection schemeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Greg MacKinnon, 58, of Wheatfield, NY, who was convicted of conspiring to defraud the United States, was sentenced to serve 36 months in prison by U.S. District Judge Richard J. Arcara. MacKinnon was also ordered to pay restitution totaling $3,067,341 to the IRS.
Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between June 2011, and April 27, 2017, MacKinnon operated Vantage Point Services, a debt collection business. MacKinnon and others involved in the conspiracy fraudulently and unlawfully collected on debt, earning income exceeding $10,000 every year from such criminal activity. The criminal activity included using illegal tactics to collect on debt, such as coercion by making false threats of arrest to debtors; collecting more than was owed on a debt; and attempting to collect on debt that had already been paid in full.
MacKinnon, and his co-conspirators, diverted money that represented the unlawful proceeds of illegal debt collection activities employed by Vantage Point Services to other debt collection business entities controlled by co-conspirators. The money was diverted, and made to appear as ordinary business expenses, to avoid reporting income exceeding $10,000 in any year from criminal activity and paying income taxes. The total tax loss to the United States was $3,067,341.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Lockport man connected to global sex trafficking network charged with receipt of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Richard Greer, 57, of Lockport, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case stated that according to the complaint, Homeland Security Investigations has been investigating individuals who provide access to live-streaming online webcam shows involving the sexual abuse and exploitation of children to paying customers worldwide, including a specific individual (Trafficker) operating a child-sex-trafficking network from the Philippines. During the investigation, they identified significant communication between Trafficker and defendant Greer, with the two exchanging approximately 31,000 messages, 3099 calls, and 213 media files. During these communications, Greer received many images and videos of child pornography from Trafficker.
Greer made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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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Jamestown man pleads guilty to distributing child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Brandon G. Uber, 23, of Jamestown, NY, pleaded guilty to distribution of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in March 2021, Uber sent a Snapchat user image and video files of a 16-year-old minor female victim engaging in sexually explicit conduct. Uber also received images and videos of child pornography from other users of social media applications. In addition, Uber had online conversations with another known minor female victim, during which he persuaded the victim to create sexually explicit videos of herself to send to him. Uber stored the child pornography he received and distributed on various electronic devices that were seized during the investigation, including two cell phones and two tablets.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the New York State Police, under the direction of Major Eugene Staniszewski.
Sentencing is scheduled for June 6, 2024, before Judge Arcara.
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Grand jury indicts Buffalo man on charges of production of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Mark Nash, 35, of Buffalo, NY, with three counts of production of child pornography and one count of possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a maximum of 30 years.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, on three occasions between July 2021, and May 2022, Nash coerced Minor Victim 1 to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. In addition, between July 2, 2021, and April 12, 2023, Nash possessed a cell phone containing sexually explicit images of Minor Victim 1.
The defendant was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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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Federal grand jury indicts Buffalo man and woman on COVID fraud chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Damone Hennings, 31, and Analyse Spencer, 23, both of Buffalo, NY, with conspiracy to commit mail fraud, mail fraud, and aggravated identity theft. The charges carry a minimum penalty of two years in prison, and a maximum penalty of 20 years.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, between on or about August 11, and September 7, 2020, Hennings and Spencer conspired to illegally obtain pandemic related benefits from the New York State Department of Labor. Hennings and Spencer used false identification information, including the social security numbers of other individuals, to submit 10 applications to state labor department. As a result, Hennings and Spencer received 10 debit cards containing federal funds that they were not entitled to receive. Hennings and Spencer attempted to obtain $412,606, but actually obtained approximately $362,268.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent-in-Charge Jonathan Mellone, and the Wyoming County Sheriff’s Office, under the direction of Sheriff David Linder.
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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Business owner sentenced on tax chargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Julie Dotton, 51, of Orchard Park, NY, who was convicted of willful failure to truthfully account for and pay over employment taxes, was sentenced four years’ probation, and ordered to perform 100 hours of community service by U.S. District Judge John L. Sinatra, Jr. Dotton was also ordered to pay restitution of $1,585,538 to the IRS and $117,277 to the SBA.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Dotton was the President, CEO, and majority shareholder of Applied Sciences Group (ASG), a technology business that largely developed software. She was also the founding partner of the partnership KRP Holdings (KRP). By law, businesses must account for income tax, social security tax, and a hospital insurance (Medicare) tax in the wages of individual employees, equal to a percentage of the wages earned by the employee. These taxes are commonly referred to as “trust fund taxes” because employers hold these taxes in trust for the government. For all of 2018 and three quarters of 2019, Dotton failed to pay over the trust fund taxes to the IRS on behalf of the employees of ASG and KRP, resulting in a loss of approximately $1,100,837 to IRS. Dotton also admitted that she obtained a Paycheck Protection Program (PPP) loan from the federal government in the amount of $117,277, to which she was not entitled.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Thomas Fattorusso.
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Buffalo man sentenced for his role in narcotics conspiracy that led to an overdose deathRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Steven Gonzalez a/k/a Steven Hernandez, a/k/a Steve, a/k/a Stevie, a/k/a Unc, 47, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to serve 188 months in prison by U.S. District Judge Richard J. Arcara. Gonzalez was also ordered to pay restitution totaling $7,058.60 to the family of overdose victim L.K.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case stated that between June 2019, and September 2019, Gonzalez conspired with others to sell heroin, fentanyl, and acetyl fentanyl. During the conspiracy, Gonzalez sold quantities of heroin and fentanyl for profit, with the assistance of a known co-conspirator identified CC-1. CC-1 arranged drug deals and drove Gonzalez to drug deals, and Gonzalez provided CC-1 with heroin/fentanyl for CC-1’s personal use. On July 17, 2019, CC-1 made a controlled call to Gonzalez regarding CC-1’s sworn testimony related to the overdose of a person identified as L.K. CC-1 told Gonzalez that CC-1 believed that investigators did not believe CC-1’s false story accusing a source of supply named “Freddy.” Gonzalez told CC-1 to “stick to the same story that you’ve been telling them.” On September 24, 2019, investigators executed a search warrant at West Avenue residence, during which they recovered approximately 19 grams of heroin from Gonzalez’s possession. Gonzalez utilized the West Avenue residence to facilitate his drug trafficking activities.
In April 2022, Gonzalez was indicted by a federal grand jury on charges of conspiracy to commit sex trafficking, sex trafficking of a minor, sex trafficking by coercion, and drug distribution charges. Those charges remain pending.
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, the New York State Police, under the direction of Major Eugene Staniszewski, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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Buffalo man going to prison on cocaine convictions in two separate casesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Augustin Ramos, 42, of Buffalo, NY, who was convicted of attempt to possess with intent to distribute cocaine and possession with intent to distribute 500 grams or more of cocaine, in two separate cases, was sentenced to serve 96 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that in June 2018, investigators intercepted a package mailed from Puerto Rico, which contained approximately 2,986 grams of cocaine. The content of the package was replaced with sham and a transmitter to alert law enforcement when the package was opened. On June 18, 2018, investigators conducted a controlled delivery of the package to the residence of a co-conspirator. After an individual at the address accepted the package, Ramos made arrangements to retrieve the package. In May 2021, Ramos pleaded guilty to attempt to possess with intent to distribute cocaine.
On April 18, 2022, while he was awaiting sentencing on the attempt to possess charge, the Erie County Sheriff’s Office executed a search warrant at Ramos’s Buffalo residence, and seized approximately two kilograms of cocaine.
The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Inspector in Charge Ketty Larco-Ward, Boston Division, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpinato, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Two Jamestown residents plead guilty for their roles in drug conspiracyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Savannah Gross, 31, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiracy to possess with intent to distribute and to distribute 400 grams or more of fentanyl. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, $10,000,000 fine. In addition, Kyle Lewis, 34, also of Jamestown, pleaded guilty to narcotics conspiracy, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Gross and her boyfriend, co-defendant Richard Philbrick, bought and sold heroin, fentanyl, and methamphetamine for profit and their own use. The couple used and maintained residences on Newland Avenue in Jamestown, for the purposes of their drug trafficking activities. During the course of the investigation, investigators conducted a controlled purchase of fentanyl from Gross.
Defendant Lewis distributed amounts of heroin and fentanyl, sourced in part from Richard Philbrick. He utilized electronic media to facilitate his drug trafficking activities, including social media and cash applications. Investigators made five controlled purchases of heroin, fentanyl and methamphetamine from Lewis during the investigation.
Richard Philbrick 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 pleas are 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.
Sentencing for Gross and Lewis will be scheduled at a later date.
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Ohio man charged in Jamestown drug conspiracyRead the Press Release
BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that Justin Whitfield, 24, of Cincinnati, OH, was charged by criminal complaint with narcotics conspiracy, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, since April 2019, the DEA has investigated the drug trafficking activities, including heroin/fentanyl and methamphetamine, of Rocco Beardsley in the Jamestown, NY area. During the investigation, Whitfield was identified as an associate and co-conspirator of Beardsley. The complaint states that Beardsley was utilizing a source of supply for methamphetamine in the Cincinnati area, and Whitfield was responsible for introducing Beardsley to the source. Whitfield utilized social media to conduct drug related conversations and facilitate his drug trafficking activities.
Whitfield made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained. Co-defendant Rocco Beardsley is scheduled for trial on March 25, 2024.
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 complaint is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
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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Jamestown man going to prison for selling heroin, fentanyl, and methamphetamineRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Brendan Farver, 29, of Jamestown, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, heroin, fentanyl, and methamphetamine, was sentenced to serve 24 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that during the conspiracy, Farver bought and sold heroin, fentanyl, and methamphetamine for profit and his own use, and brokered deals for other drug dealers in and around the Jamestown area. Farver utilized social media to conduct his drug trafficking activities. In May 2020, the Conewango Township Police Department conducted undercover purchases of heroin from Farver on two different occasions. On July 31, 2020, Farver brought heroin/fentanyl to an associate identified as K.T. at the individual’s residence in Jamestown. The two then injected the heroin/fentanyl. The following morning, at approximately 11:27 a.m., the Jamestown Police Department responded to K.T.’s residence for a reported overdose, where officers discovered K.T., deceased.
The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
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Jamestown man going to prison for cocaine possessionRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Eddie Ortiz-Ortiz, 29, of Jamestown, NY, who was convicted of possession with intent to distribute 500 grams or more of cocaine, was sentenced to serve 36 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that on January 31, 2020, a Cattaraugus County Sherriff’s Deputy conducted a traffic stop of Ortiz’s vehicle. As the deputy spoke with Ortiz, he detected the odor of marijuana emanating from the vehicle. A Cattaraugus County K-9 unit was brought in and provided a positive alert to a wrapped white package located within the vehicle. The package contained approximately 1,000 grams of cocaine.
The sentencing is the result of an investigation by the Cattaraugus County Sherriff's Office, under the direction of Sheriff Timothy Whitcomb and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
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Rochester man indicted of charges of sex trafficking and kidnappingRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Cordell Brooks, 28, of Rochester, NY, with sex trafficking by force, fraud or coercion and kidnapping. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the indictment, between May and July 5, 2023, Brooks forced Victim 1 to engage in a commercial sex act. In addition, on July 5, 2023, Brooks kidnapped and abducted Victim 1.
Brooks was arraigned before U.S. Magistrate Judge Mark W. Pedersen and is being held.
The indictment 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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Federal grand jury indicts Dunkirk man on labor and sex trafficking and kidnapping chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a four-count indictment charging Augusto Mateo Francisco, 32, of Dunkirk, NY, with two counts of forced labor, one count of kidnapping a minor, and one count of transportation of a minor for the purpose of illegal sexual activity. The charges carry a minimum penalty of 20 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment, Francisco facilitated the illegal entry of Guatemalan migrants into the United States and helped transport them to the Dunkirk area, where he would provide them with housing and work at area farms. Francisco would charge the migrants for their housing, rides to work, and for other items. He would also take a cut of the wages they earned working at the farms. Francisco threatened two individuals (Victim 1 and Victim 2), telling them that if they stopped working for him or if they did not pay back the money they purportedly owed to him, he would harm their families or would call immigration authorities and have them deported.
In addition, Francisco pursued a sexual relationship with Minor Victim 1, a 16-year-old Guatemalan migrant who had come to the U.S. with her mother. Francisco repeatedly raped Minor Victim 1, threatening to harm her siblings who were still in Guatemala if she told anyone about what had happened. In May 2020, Francisco abducted Minor Victim 1 and took her to a trailer in Ripley, NY, where she was held for nearly two weeks, until being rescued by police. Following her rescue, Minor Victim 1 and her mother fled to Georgia to escape Francisco. However, he followed them and kidnapped Minor Victim 1, bringing her back to the Western District of New York, where he unlawfully held her for several more days, until she was again rescued by police.
Francisco was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy, and is being held pending a detention hearing on December 20, 2023, at 2:30 p.m.
The indictment is the result of by Homeland Security investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Chautauqua County Sherriff’s Office, under the direction of Sheriff James Quattrone.
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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Fairport man sentenced for attacking a federal officer during a campaign eventRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David G. Jakubonis, 44, of Fairport, NY, who was convicted of assaulting a federal officer, was sentenced to serve three years probation by U.S. Magistrate Judge Marian W. Payson.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on July 21, 2022, during a campaign event in Perinton, NY, Congressman Lee Zeldin gave a speech from the bed of a flatbed trailer. During the speech, Jakubonis walked onto the trailer, approached the Congressman, extended a keychain with two sharp points toward him and grabbed his arm. A struggle then ensued between Congressman Zeldin and Jakubonis and, as bystanders intervened, Jakubonis pulled Congressman Zeldin down onto the bed of the trailer, stating several times during the assault, “you're done.” Jakubonis was subdued and arrested.
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 U.S. Capitol Police, under the direction of Assistant Special Agent-in-Charge Chad Beckett, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the New York State Police, under the direction of Major Miklos Szoczei II, the Rochester Police Department, under the direction of Chief David Smith and the Brighton Police Department, under the direction of Chief David Catholdi.
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Buffalo man charged with allegedly starting fire on railroad tracks in FarnhamRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael B. Benitez, 33, of Buffalo, NY, was arrested and charged by criminal complaint with arson of property used in interstate commerce. The charge carries carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, in the early morning hours of June 14, 2023, the Village of Farnham Fire Department responded to a fire on railroad tracks just west of the Railroad Avenue grade crossing in Farnham. While the fire department responded, trains were being held until the fire, the source of which was several tires burning, could be extinguished. Subsequent investigation by the Norfolk Southern Police Department revealed freshly trampled grass and a path directly adjacent from the tracks to the nearby residence of Benitez. Video obtained during the investigation appears to show Benitez leaving and returning to the residence during the time of the fire.
Benitez made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroder, Jr. and was released on conditions.
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 Town of Brandt Police Department, under the direction of Chief Mark Slawek, and Norfolk Southern Police Department.
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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Orchard Park man sentenced for marijuana conspiracyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Kevin Judge, 65, of Orchard Park, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, marijuana, was sentenced to time served and two years’ supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that Judge was a drug trafficking associate of co-defendant Gary Wolch. Judge traveled to secure marijuana for the drug trafficking operation and coordinated with other associates and conspirators to obtain marijuana for distribution in the Western New York area. On August 16, 2019, Judge arrived at the Buffalo Niagara International Airport, where he was approached by investigators at his gate and his bags were detained. After initial questioning, Judge was taken back to his vehicle in the parking lot. Once back in his vehicle, Judge contacted Wolch and said, “There’s a problem.” He then called other associates and co-conspirators. During the execution of a search warrant on Judge’s bags, law enforcement recovered $60,000 in U.S. currency and $40,000 in Western Union Money Orders. Judge admits he was attempting to go to Southern California with $100,000 to purchase marijuana. Wolch 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 Orchard Park Police Department, under the direction of Chief Patrick Fitzgerald, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Federal jury convicts Lockport man for his role in violent home invasion and robberyRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal jury has found Todd Laraba, 45, of Lockport, NY, guilty of Hobbs Act robbery and conspiracy for his role in a home invasion in the Town of Tonawanda. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorneys David J. Rudroff, Paul E. Bonanno, and Nicholas T. Cooper, who handled the prosecution of the case, stated that on September 28, 2017, at approximately 8:30 p.m., Laraba and another individual entered a Town of Tonawanda residence, and went to the family room where an elderly couple (victims) were watching television. Wearing black hooded sweatshirts, black pants, black gloves, and masks, one of the men stated, “This isn't going to hurt, or take long. You won't get hurt, just relax.” The men zip tied the victims’ hands and ankles and placed duct tape across their mouths and eyes. One of the men stayed with the victims while the other went to the attic of the residence, and stole a lockbox containing $60,000 in cash. After the men left, the victims removed the duct tape and restraints and called 911. The Town of Tonawanda Police Department responded and recovered four black zip ties, four pieces of glossy duct tape, and other items. Subsequent testing established that Laraba’s DNA was on one set of zip ties and several pieces of duct tape.
The verdict 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, and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.
Sentencing is scheduled for May 30, 2024, at 12:30 p.m. before U.S. District Judge Richard J. Arcara, who presided over the trial.
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North Tonawanda man going to prison for receipt of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Angstenberger, 48, of North Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to serve 87 months in prison and 10 years supervised released by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that Angstenberger created and used a Snapchat account with the username “catybug1234,” to communicate with, and obtain sexually explicit images from, minor girls. When doing so, he posed as a minor girl. Angstenberger communicated with minor victims in other states and countries. For example, Angstenberger communicated with a victim located in Kentucky (Victim 1), who was 12 years old. On December 5, 2021, Angstenberger asked Victim 1 to send him sexually explicit photos, which she did. Angstenberger communicated with a second victim located in Arkansas (Victim 2), who was approximately 11-12 years old. Victim 2 also sent sexually explicit photos as Angstenberger’s 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 National Center for Missing and Exploited Children.
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Bath man previously convicted on child pornography charges going back to prison on new chargesRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Ryan Hamilton, 32, of Bath, NY, who was convicted of possession of child pornography by an individual with a prior conviction, was sentenced to serve 162 months in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa. Hamilton was also ordered to pay $18,000 in restitution to victims.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in August 2016 and again in September 2017, Hamilton was convicted in Steuben County Court of Possessing Sexual Performance by Child Less than 16. In October 2019, while being supervised by New York State Parole, Hamilton possessed approximately 87 videos and 1,124 images of child pornography on an SD card. Some of the images and videos included children under the age of 12 and depictions of violence.
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 New York State Police, under the direction of Major Eugene Staniszewski, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Daniel F. Martuscello III.
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North Tonawanda businessman pleads guilty to tax evasionRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that George Ward, 57, of North Tonawanda, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to tax evasion. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that between 2015 and 2020, Ward owned and operated a fire protection and inspection business in Amherst, NY. During this time period, Ward failed to file personal income tax returns, which included substantial business revenues received by his business. Ward also failed to pay income, social security, and Medicare taxes withheld from the pay of his employees. This resulted in a tax loss to the IRS of $953,793. Ward also failed to file his taxes with the New York Department of Taxation and Finance, resulting in a tax loss of $165,645. In addition to failing to file tax returns, Ward also made false statements to an IRS revenue officer regarding the filing of his taxes and the status of his business, used a check cashing business for over $2,000,000 in gross receipt checks from customers rather than depositing them into his business’ bank account, and deposited cash derived from his business’ activities into a bank account held in his wife’s name.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso.
Sentencing is scheduled for March 28, 2024, at 2:00 p.m. before Judge Sinatra.
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Convicted felon going back to prison on new child pornography chargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert Bibbins, 51, of Rochester, NY, who was convicted of possession of child pornography after having previously been convicted of a child pornography offense, was sentenced to serve 78 months in prison and 10 years supervised release by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in 2015, Bibbins was convicted of a child pornography offense in New York State Court and sentenced to a jail term and 10 years’ probation. In 2020, Bibbins violated his probation and was sentenced to serve one to three years in prison. On September 19, 2022, he was released on parole. Within three days of his release, Bibbins acquired an internet-capable cellular phone in violation of his parole conditions. On September 22, 2022, during a routine search, parole officers discovered the phone secreted in a trash can at the half-way house where Bibbins was living and discovered images of children in sexually explicit poses, as well as images of naked children. A full forensic examination of the phone by the FBI, which uncovered multiple sexually explicit images of children.
The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Daniel F. Martuscello III, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
Ontario county man going to prison for bilking investors out of hundreds of thousands of dollarsRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Thomas Corsaro, 60, of Bloomfield, NY, who was convicted of wire fraud, was sentenced to serve 48 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. Corsaro was also ordered to pay $1,447,809.19 restitution.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between November 2020, and November 2022, Corsaro, acting as an investment adviser, executed a scheme to defraud eight individual investors who invested funds with him. Rather than invest the funds, as he represented he would do, Corsaro used the funds for his own personal use, depositing the funds into personal and business bank accounts. In total, Corsaro received $1,712,469.32 from the eight investors. He repaid $265,642.83 prior to the criminal investigation.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Convicted felon going to prison for more than 12 years on child pornography chargeRead the Press Release
ROCHESTER, NY—U.S. Attorney Trini E. Ross announced today that Jason Koscielski, 35, of Rochester, NY, who was convicted of possession of child pornography by an individual with a prior sex offense conviction, was sentenced to serve 151 months in prison and 20 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in December 2011, Koscielski was convicted on federal charges of receipt, distribution, and possession of child pornography, and sentenced to serve 135 months in prison and 30 years supervised release, which prohibited him from possessing any unmonitored telephone. In November of 2021, Koscielski obtained a Tracfone, in violation of the terms of his supervised release.
Between November 2 and November 16, 2021, Koscielski used the phone to send and receive images of child pornography and to possess approximately 476 images of child pornography. Many of the images involved children younger than 12 years old and were sexually explicit in nature. On November 5, 2021, Koscielski also used the Phone to exchange sexually explicit photos with Minor Victim 1, a 15-year-old male.
The sentencing is the result of an investigation by the U.S. Probation Department, under the director of Chief Probation Officer Timothy Englert and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Rochester man pleads guilty to making a false statement involving sunken vesselRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Vyacheslav S. Migitskiy, 33, a Ukrainian national living in Rochester, NY, pleaded guilty before U.S. District Judge Geraci to making a materially false statement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on August 25, 2022, Migitskiy towed a 25-foot Bayliner boat onto Lake Ontario with the intention of sinking the abandoned vessel. Migitskiy intentionally sunk the vessel without reporting his actions. The following day, on August 26, 2022, the partially submerged boat was discovered by civilian witnesses who reported the sinking to the United States Coast Guard, which resulted in an immediate search and rescue effort by the Coast Guard, the New York State Police, and other law enforcement agencies which included deployment of surface vessels, aircraft, and SCUBA search teams. The United States Coast Guard spent $14,194 during the search and rescue effort, while the New York State Police spent $1,248.
On October 4, 2022, Migitskiy was interviewed by a Special Agent with the United States Coast Guard, during which he falsely stated that he had donated the boat to unnamed individuals. Migitskiy further provided a false description of the individuals who took possession of the vessel, false information on how they removed the vessel from his property, and false information on what they did with the vessels’ trailer.
The plea is the result of an investigation by the Coast Guard Investigative Service, under the direction of Joshua Packer, Acting Special Agent-in-Charge, Central Region, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the New York State Police, under the direction of Major Miklos Szoczei III, and the Gates Police Department, under the direction of Chief Robert Long, the Rochester Fire Department, under the direction of Chief Stefano Napolitano, the Irondequoit Police Department, under the direction of Chief Scott Peters, and the Greece Police Department, under the direction of Chief Michael Wood.
Sentencing is scheduled for April 18, 2024 at 3 p.m. before Judge Geraci.
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