Western District of New York
Press releases recorded for this federal judicial district.
Federal grand jury indicts Frewsburg sex offenderRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that a federal grand jury gas returned an indictment charging Jeffrey Paden, 57, of Frewsburg, NY, with receipt and possession of child pornography, which carry a mandatory minimum penalty of 15 years in prison, and a maximum of 40 years.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and previously filed complaint, the New York State Police (NYSP) received a report from the National Center for Missing and Exploited Children (NCMEC) that an individual in Frewsburg, NY, uploaded images of child pornography on the internet. Subsequent investigation traced the images to Paden, who is currently on federal supervised release following a 2015 conviction for possession of child pornography. Paden was sentenced to serve 57 months in prison and ordered to register as a sex offender upon release. On September 12, 2023, the FBI executed a search warrant on 12 electronic devices seized earlier in the investigation by the NYSP and recovered multiple images of child pornography.
Paden was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The indictment 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, and the New York State Police, under the direction of Major Eugene Staniszewski.
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 posting social media threat against local stores days after Tops shootingRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Rolik Walker, 25, of Buffalo, NY, who was convicted of transmitting an interstate threat, was sentenced to a term of 3 years’ probation, by United States District Judge John L. Sinatra, Jr. One of the conditions of probation is that Walker must abide by the terms of an electronically monitored curfew for a period of one year.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on May 16, 2022, two days after the mass shooting at the Tops Market on Jefferson Avenue in Buffalo, Walker downloaded the IPVanish application onto his cell phone in order to mask his IP address. Walker, using IPVanish, then created a Twitter account with the handle @ConklinHero, and posted a threat about “targeting” several stores in the Western New York area and “Only looking to kill blacks.” Soon after the threat was posted, local, state, and federal law enforcement diverted resources to the stores to ensure the safety of the community, which resulted in one of the stores closing early. Although he attempted to conceal his IP address, the FBI linked the Twitter account to Walker’s residence in Buffalo.
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 Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
Two Rochester men arrested, charged with selling hundreds of thousands of dollars worth of stolen items at pawn shopRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Mark Remein, 41, and Derek Verna, 44, both of Rochester, NY, were arrested and charged by criminal complaint with committing and conspiring to commit wire fraud, interstate transportation and sale of stolen property, and money laundering. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, Remein and Verna owned and/or operated West Ridge Connections, a pawn shop located on West Ridge Road in Rochester. Remein and Verna knowingly purchased stolen, new-in-box items from serial shoplifters for a fraction (approximately 30%) of the items’ retail value. Remein and Verna listed the items for sale on eBay and shipped them to buyers. The items were listed as “New” and priced below retail value. In total, between January 2020, and August 16, 2023, Remein and Verna purchased and re-sold on eBay approximately 8,100 “New” items and received approximately $497,842 for those sales. The money was deposited into bank accounts that were opened in the name of third parties to avoid detection.
The investigation began in February 2022, after law enforcement received a complaint from Home Depot security personnel, who had followed a shoplifter from a Home Depot location to West Ridge Connections with recently stolen merchandise. A store security manager entered West Ridge Connections and observed the stolen merchandise behind a table counter. None of the stolen merchandise was entered into LeadsOnline, an online database where secondhand dealers, like Remein and Verna, are required to report all purchases from other individuals. The investigation determined that individuals sold new-in-box items to West Ridge Connections on a regular basis. Some of the sellers were admitted opioid users, whom law enforcement observed attempting to buy drugs immediately after they sold new-in-box items to West Ridge Connections.
In December 2022, investigators made a controlled sale of three, new-in-box Google Nest thermostats to defendant Verna at West Ridge Connections. The combined retail value of the items was approximately $567.00. Verna paid $100.00 for all three items before listing them on eBay for $124.99 each. Between January and August of 2023, investigators conducted a total of 15 controlled sales, which included 37 items.
The complaint is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, and the Rochester Police Department, under the direction of Chief David Smith.
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 drug and gun chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Rayshawn Miller, 40, of Buffalo, NY, who was convicted of possession with intent to distribute fentanyl and acetyl-fentanyl, and possession of firearms in furtherance of drug trafficking crimes, was sentenced to serve 204 months’ imprisonment by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Evan K. Glaberson, who handled the case, stated that on July 20, 2021, the DEA executed a search warrant at Miller’s Broadway Street residence and seized 167 grams of a mixture containing fentanyl and acetyl fentanyl, 18 grams of fentanyl, 21 grams of crack cocaine, 124 grams of cocaine, two loaded firearms, including a Ghost Gun, ammunition, $15,380 in cash, and drug packaging materials.
The sentencing is the result of an investigation by Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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Two men sentenced for their roles in Jamestown drug ringRead the Press Release
U.S. Attorney Trini E. Ross announced today that Jarrod Adams, 43, Erie, PA, and Michael Murphy, 31, of Jamestown, NY, were sentenced by U.S. District Judge Richard J. Arcara for their roles in a Jamestown area drug ring. Adams, who was convicted of possession with intent to distribute 50 grams or more methamphetamine, was sentenced to serve 108 months in prison. Murphy, who was convicted of narcotics conspiracy, was sentenced to serve 192 months in prison.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between June 2019, and October 2020, defendant Murphy bought, sold, and distributed quantities of methamphetamine for profit, utilizing Facebook to conduct his drug trafficking operation. On July 16, 2019, the United States Marshal’s Service and other law enforcement officers went to a Bishop Street residence in Jamestown to apprehend Murphy, a federal fugitive at the time. Murphy was taken into custody along with co-conspirator Jarrod Adams. A search warrant was executed at the residence, during which investigators seized a quantity of methamphetamine $1,476 in cash, and drug paraphernalia. During the conspiracy, Murphy, who received his supply from co-conspirators Adams and Rocco Beardsley, also supplied large quantities of methamphetamine to other co-conspirators. On November 29, 2019, investigators executed a search warrant at Murphy’s Newland Avenue residence and recovered methamphetamine, illicit mushrooms, other drug paraphernalia, two firearms, ammunition and $1,642 in cash.
Rocco Beardsley is scheduled to go to trial in March 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 sentencings 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, 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.
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Two men sentenced for their roles in Jamestown drug ringRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jarrod Adams, 43, Erie, PA, and Michael Murphy, 31, of Jamestown, NY, were sentenced by U.S. District Judge Richard J. Arcara for their roles in a Jamestown area drug ring. Adams, who was convicted of possession with intent to distribute 50 grams or more methamphetamine, was sentenced to serve 108 months in prison. Murphy, who was convicted of narcotics conspiracy, was sentenced to serve 192 months in prison.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between June 2019, and October 2020, defendant Murphy bought, sold, and distributed quantities of methamphetamine for profit, utilizing Facebook to conduct his drug trafficking operation. On July 16, 2019, the United States Marshal’s Service and other law enforcement officers went to a Bishop Street residence in Jamestown to apprehend Murphy, a federal fugitive at the time. Murphy was taken into custody along with co-conspirator Jarrod Adams. A search warrant was executed at the residence, during which investigators seized a quantity of methamphetamine $1,476 in cash, and drug paraphernalia. During the conspiracy, Murphy, who received his supply from co-conspirators Adams and Rocco Beardsley, also supplied large quantities of methamphetamine to other co-conspirators. On November 29, 2019, investigators executed a search warrant at Murphy’s Newland Avenue residence and recovered methamphetamine, illicit mushrooms, other drug paraphernalia, two firearms, ammunition and $1,642 in cash.
Rocco Beardsley is scheduled to go to trial in March 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 sentencings 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, 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.
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Rochester man pleads guilty to stealing checks from the mailRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Shydequan C. Wynn, 40, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to financial institution fraud, which carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated between October 2019, and March 2022, Wynn executed a scheme, with others, to defraud financial institutions. Wynn stole checks included in mail from unattended mailboxes. He then forged or altered the stolen checks, often changing the amounts and making them payable to himself or another co-conspirator. He or a co-conspirator then cashed the fraudulent checks for financial gain. The scheme involved approximately 112 victims and stolen and altered checks totaling approximately $179,447. Of this amount, approximately $74,911.50 involved checks that were successfully altered and negotiated.
The plea 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, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Greece Police Department, under the direction of Chief Michael Wood.
Sentencing is scheduled for March 12, 2024, before Judge Siragusa.
Rochester man pleads guilty to possession of child pornographyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Mark Frey, 35, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to possession of child pornography, which carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on two separate dates in February 2020, a law enforcement officer connected with Frey on a peer-to-peer network where the law enforcement officer downloaded two images of child pornography from Frey’s electronic device. On March 14, 2022, an individual recovered a cellular phone from a vehicle that Frey had recently used for work purposes. The individual searched the phone and determined that it belonged to Frey and contained images of child pornography. The individual contacted law enforcement, who further searched the phone and located 15 images and 27 videos containing child pornography. On August 15, 2022, Frey was arrested, and a search of his cellular phone recovered approximately 140 images containing child pornography.
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 March 18, 2024, before Judge Wolford.
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Registered sex offender going to prison for more than 19 years for receiving child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Juan Quinones-Rivera, 41, who was convicted of receipt of child pornography, was sentenced to serve 235 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Maeve E. Huggins and Caitlin M. Higgins, who handled the case, stated that in late 2020, Quinones-Rivera, a registered sex offender residing in the Western District of New York, began communicating with a 17-year-old female (Victim) on Snapchat. Quinones-Rivera told the Victim he was 19 years old. In late 2020 or early 2021, conversations between Quinones-Rivera and the Victim became sexual, with the two exchanging sexually explicit pictures and videos. Quinones-Rivera directed the Victim on what he wanted her to do in the videos and images. In all, the Victim sent Quinones-Rivera approximately 50 images and videos via Snapchat. In exchange, Quinones-Rivera sent money to the Victim via CashApp, in increments of approximately $20 and $50, for a total of approximately $700. In April 2021, a New York State Parole Officer located a cellular phone on Quinones-Rivera and found that he had been using Snapchat to communicate with the Victim. The phone also contained evidence of CashApp transactions to an account belonging to the Victim.
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 Department of Corrections and Community Supervision, under the direction of Daniel F. Martuscello III, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger; and the Greene County, Virginia Sheriff’s Office, under the direction of Sheriff Steven Smith.
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Buffalo man sentenced for making, passing counterfeit moneyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric M. Butson, of Buffalo, NY, who was convicted of conspiracy to falsely make and pass counterfeit federal reserve notes, was sentenced to serve 24 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that between December 2022, and March 2023, Butson and co-defendant Catalina Hernandez possessed various tools and equipment necessary to make and manufacture counterfeit bills including computers, ink-jet printers, ink, and bleach. Utilizing those tools and equipment, they made and manufactured numerous counterfeit $100 bills. Butson and Hernandez passed, or attempted to pass, the bills approximately 67 times at various businesses, including in the City of Buffalo, the Town of Amherst, the Town of Clarence, and the Village of Orchard Park. The total loss amount, including actual loss and intended loss, is approximately $6,700.
The sentencing is the result of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr, 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.
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Two defendants charged in narcotics ring facing additional chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a second superseding indictment charging Joseph Zaso a/k/a Joey Cracks a/k/a Sosa, 39, of Buffalo, NY, and Kyle N. Lewis, 31, of Jamestown. NY, who were previously charged with multiple drug charges, with additional charges:
• Defendant Zaso is charged with brandishing firearms in furtherance of a drug trafficking crime and document concealment of material fact, for allegedly lying on his monthly probation reports while under the supervision of U.S. Probation. Zaso faces a mandatory life sentence.
• Defendant Lewis is charged with narcotics conspiracy and 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 second superseding indictment and previously filed indictments, between September 2018, and May 26, 2022, defendant Zaso organized and managed an illegal narcotics ring in the Jamestown and Buffalo areas. Zaso conspired with Lewis and others to sell heroin, fentanyl, and methamphetamine, utilizing residences at 12 Locust Street and 110 Fairview Avenue in Jamestown and 48 Laurel Street in Buffalo for their drug trafficking activities. Zaso is accused of selling heroin to an individual identified as B.K., causing serious bodily injury.
Zaso and Lewis are currently detained.
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 second superseding indictment 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.
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 going to prison for 19 years for four home invasions targeting drug dealersRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Robert Forbes, Jr. a/k/a Ra Ra a/k/a Henny, 37, of Rochester, NY, who was convicted of two counts of Hobbs Act Robbery and two counts of Attempted Hobbs Act Robbery, was sentenced to serve 228 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between February 18, and March 26, 2020, Forbes participated, with others, in four separate home invasions in Rochester and Greece, NY. Forbes took part in planning, recruiting participants, obtaining, and providing information about the suspected presence of controlled substances and/or money derived from the sale of controlled substances in the residences, driving individuals to and from the residences, and providing a firearm to use. During some of the home invasions, individuals were restrained, pistol-whipped, and/or suffered injuries. Forbes was arrested April 1, 2020, on W. Ridge Road after a 13-minute car chase in the City of Rochester.
The sentencing is the culmination of an investigation by 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 Rochester Police Department, under the direction of Chief David Smith.
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Buffalo man arrested on cocaine chargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Nicholas Piraino, 30, of Buffalo, NY, was arrested and charged by criminal complaint with distribution of cocaine, which carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on November 1, 2023, investigators conducted a controlled purchase of approximately two ounces of cocaine from Piraino for $2,300. During the exchange, Piraino discussed selling two or three kilograms of cocaine the following week.
Piraino made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy 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 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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Registered sex offender who attempted to have sex with 11 y/o girl going to prisonRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Mathew Schulman, 37, of Rochester, NY, who was convicted of possession of child pornography following a previous conviction, was sentenced to serve 186 months in prison and 15 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 between May 2021, and June 2022, Shulman engaged in sexually explicit online communications with who he believed was an 11-year-old girl, but was actually an undercover New York State Police (NYSP) Investigator. During the conversations, Shulman asked the child to produce and send him child pornography, and he tried to persuade the child to meet him for sex. Shulman also distributed child pornography depicting prepubescent minors in an attempt to groom the child for sexual activity. On June 7, 2022, the NYSP and Homeland Security Investigations executed a search warrant at Shulman’s Rochester residence and took him into custody. At the time of his arrest, Shulman was a registered sex offender on probation for a June 2016 conviction of possessing child pornography in Monroe County Court.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Miklos Szoczei II, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Former Gow school administrator charged with possession of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Matthew Fisher, 50, of South Wales, NY, was arrested and charged by criminal complaint with possession of child pornography, which carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on October 15, 2023, Fisher turned his school-owned laptop into the IT Department because the keyboard was not working properly. On October 24, 2023, an IT employee was notified of a “Low Severity Alert” on Fisher’s school-issued laptop. While searching the laptop, the employee recovered files, which included links such as “Neverland” and “lost boys.” The employee accessed one of the webpages, which depicted naked boys under the age of 10 conducting sexual acts on each other. The employee copied and moved the files to a thumb drive and notified the Head of The Gow School. The thumb drive was turned over to the FBI and the Western New York Regional Computer Forensic Laboratory conducted a preliminary forensic analysis, which recovered images of child pornography. Some of the images appear to be from a covert camera and depict clothed, male children in a bedroom believed to be on campus of The Gow School. The images include timestamps ranging from January of 2019 through September of 2023. Fisher has been terminated from his position at the Gow School.
Fisher made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on November 17, 2023.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, 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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Registered sex offender pleads guilty to production of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Lanham, 34, of Lockport, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to production of child pornography with a prior sex offense, which carries a mandatory minimum penalty of 25 in prison and a maximum of 50 years.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that in December 2010, Lanham was convicted of Rape in the Third Degree, Victim Less than 17-Year-Old, Perpetrator 21 years or more, in New York State Court and is a registered sex offender. In September 2020, he took a sexually explicit photo of a minor victim on his cell phone. In October 2020, Lanham distributed the image of the minor victim in a private online message to an undercover law enforcement officer on the Kik application.
The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for March 15, 2024, before Judge Sinatra.
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Property owner sentenced for lying about lead hazardsRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Angel Elliot Dalfin, 58, of Buffalo, NY, who was convicted of making a false document, was sentenced to serve five years’ probation, to include eight months of home confinement with electronic monitoring, by U.S. District Judge Lawrence J. Vilardo. Dalfin was also ordered to perform 600 hours of community service at Habitat for Humanity within the first three years of probation.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Dalfin, using the entity Vin7, LLC, sold 23 properties in the City of Buffalo, all of which were built prior to 1978. As part of the sale of the properties, Dalfin executed Lead-Based Paint Rider and Disclosure forms, on which he falsely stated that the lead-based paint hazards at the properties were unknown and that he had no records pertaining to lead-based paint hazards at the properties. The false statements were material to Dalfin’s compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, a statute implemented and administered by the Environmental Protection Agency and the Department of Housing and Urban Development. On average, it would have cost the buyer of each of the properties $5,000 to stabilize the lead-based-paint hazards present.
The sentencing is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi. Additional assistance was provided by the New York State Attorney General’s Office.
Rochester mail carrier arrested, charged with theft and destruction of mailRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlene Cruz, 40, of Rochester, NY, was arrested and charged by criminal complaint with delay or destruction of mail and theft of mail matter by officer or employee. The charges carry 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 according to the complaint, 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 complaint 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.
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 brothers sentenced in separate cases stemming from the murder of RPD investigatorRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that James Fulton, 41, and his brother, Preston Fulton, 39, both of Rochester, NY, were sentenced by U.S. District Judge David G. Larimer in separate cases stemming from the investigation into the murder of Rochester Police Department Investigator Anthony Mazurkewicz and the assault of Investigator Sino Seng. James Fulton, who was convicted of the Attempted Hobbs Act robbery of an alleged local drug dealer, was sentenced to serve 105 months in prison. Preston Fulton, a prior felon, was sentenced to serve 18 months in prison for being a felon in possession of a loaded firearm.
Assistant U.S. Attorney Douglas E. Gregory, who handled the cases, stated that Investigators Anthony Mazurkewicz and Sino Seng were shot in the line of duty on July 21, 2022. Mazurkewicz died as a result of his injuries. In the aftermath of the shootings, an investigation began into several associates of Kelvin Vickers, the man recently convicted of killing Investigator Mazurkewicz and injuring Investigator Seng.
On September 20, 2022, investigators conducted a vehicle stop of James Fulton as he drove away from a Gothic Street residence. During a search of the vehicle, they recovered two firearms and ammunition, as well as items commonly utilized in a robbery, including a roll of duct tape, new/unused zip ties, a pry bar, zip ties fashioned into flex cuff style leg and hand restraints, and a black ski mask. At the time of his plea, James Fulton admitted that he intended to rob an alleged drug dealer.
On October 1, 2022, Preston Fulton was given a firearm to hide for co-defendant Brandon Washington. After receiving the firearm, Fulton was followed by investigators to a Ferncliffe Drive residence, where he was observed carrying firearm into the residence. A search warrant was executed the following day at the residence and investigators recovered a loaded .45 caliber semi-automatic handgun, along with numerous rounds of additional ammunition. Charges remain pending against co-defendant Brandon Washington.
The sentencings are the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, 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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Registered sex offender pleads guilty to possession of child pornographyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Brandon Hayward, 41, a registered sex offender from Canandaigua, NY, pleaded guilty to possession of child pornography following a prior conviction for sexual abuse, before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of 10 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 November 2021, a search warrant was executed at Hayward’s Canandaigua apartment, related to an investigation involving potential firearms offenses. During the search, several digital devices were seized from the residence, which were initially forensically analyzed for firearms crimes but were found to contain child pornography. Further examination recovered several images of child pornography, as well as videos that Hayward produced via Skype, in 2017, involving a 16-year-old minor from another state. Hayward is a registered sex offender, following a 2000 conviction for Sexual Abuse in the First Degree.
The plea 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.
Sentencing is scheduled for March 7, 2024, before Judge Siragusa.
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Former postal worker pleads guilty to attempted receipt of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael Fratini, 38, of Dunkirk, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to attempted receipt of child pornography, which carries a mandatory minimum penalty of five years in prison and a maximum of 20 years.
Assistant U.S. Attorneys Aaron J. Mango and Franz M. Wright, who are handling the case, stated that Fratini used his cellular telephone to solicit nude photos and videos of the pre-pubescent daughters of a female acquaintance, whom he met in October 2021 through a dating application. After meeting in person, the female acquaintance did not hear from Fratini again for several months. In March 2022, they spoke over the telephone and Fratini told her that he had a mother/daughter fantasy. He then sent a follow-up text message asking for videos and/or pictures of her daughters to fulfill his fantasies. After receiving the text message, the female acquaintance filed a report with the Sheriff’s Office. At the direction of the Sheriff’s Office, she continued text message conversations with Fratini. On March 18, 2022, investigators surveilled Fratini leaving his workplace at the time, the U.S. Postal Service on Grant Street in Buffalo, and travel to an Amherst hotel where he was expecting to meet the female acquaintance. After arriving at the hotel, Fratini was taken into custody.
The plea is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for March 18, 2024, at 9:30 a.m. before Judge Vilardo.
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Erie, PA man going to prison for eight years after having sex with 15 y/oRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Tristan Pearson, 26, of Erie, PA, who was convicted of possession of child pornography, was sentenced to serve 96 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between January and May 2018, Pearson knowingly engaged in a sexual relationship with a 15-year-old female (Victim) in the Western District of New York. On two separate occasions, Pearson filmed himself having sexual relations with the Victim using his cellular telephone. Pearson then distributed those videos to others via text message.
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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Buffalo man going to prison for more than 20 years for selling heroin and fentanyl that resulted in two deathsRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Isaiah Spain a/k/a Q, 39, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 10 grams or more of butyryl fentanyl, heroin, fentanyl, and furanyl fentanyl, was sentenced to serve 250 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that in August 2018, The West Seneca Police Department, New York State Police and DEA began investigating Spain’s drug trafficking activities. The investigation determined that Spain conspired with others to sell heroin, fentanyl, butyryl fentanyl and furanyl fentanyl, sales of which were subsequently linked with numerous drug overdoses, including two fatalities.
On November 4, 2017, Amherst Police responded to a 911 call in Williamsville, NY, where they located an unresponsive individual, identified as S.D., who was pronounced dead at the scene of an apparent drug overdose. The substances used by S.D. were purchased from Spain by another individual and sold to S.D. On August 24, 2018, West Seneca Police responded to a residence for a reported drug overdose. Upon arrival, an individual identified as S.C. was pronounced dead at the scene from an apparent drug overdose. The substances used by S.D. were purchased from Spain.
Between October 2018, and January 2019, investigators conducted a combined total of 13 controlled buys of suspected controlled substances from Spain. Following each controlled buy, the suspected controlled substance was analyzed and confirmed to contain butyryl fentanyl.
The sentencing is the result of an investigation by the West Seneca Police Department, under the direction of Chief Edward Baker, the New York State Police, under the direction of Major Eugene Staniszewski, 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 woman going to prison for more than 10 years for making internet threats and firearms possessionRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Gabygayl Cruz, 22, of Rochester, NY, who was convicted of transmitting a threat in interstate commerce and possessing and discharging a firearm in furtherance of a crime of violence, was sentenced to serve 130 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that on the evening of June 7, 2021, on Facebook Live, Cruz threatened to shoot a man, stating at the end of the video, “Tune-in in five minutes.” Later that night, Cruz and another person went to an area of Rochester where Cruz knew the person she threatened spent time. In a second Facebook Live video, a black screen appeared but 11 gunshots could be heard followed by the sounds of Cruz running and giggling. In a third video, Cruz recounted the earlier shooting, imitated shooting a gun and continued to issue threats to others. On July 1, 2021, Cruz again used Facebook Live to threaten to shoot a woman, displaying a .45 caliber firearm, while issuing the threat. Cruz then went to a Columbia Avenue address in Rochester to confront the woman, but she was not there. While leaving the area, Cruz struck a parked car and fired a shot in the air. Cruz was arrested the next day when she was stopped driving a car in which officers found a loaded .45 caliber semiautomatic pistol, which was the same firearm she displayed in one of the videos.
The sentencing is the result of an investigation by 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 John B. DeVito.
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Rochester man going to prison for 14 years for receipt of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Nathan Follett, 37, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 168 months in prison by Chief U.S. District Judge Elizabeth A. Wolford
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between February 2016, and December 16, 2021, Follett used Instagram, Kik, and Snapchat to engage in sexually explicit communications with 11 minor victims, knowing each victim was under the age of 18. During these conversations, Follett coerced the minor victims to produce images and videos of themselves engaged in sexually explicit conduct and send those images and videos to him via Instagram, Kik, and Snapchat.
The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Major Miklos Szoczei, II.
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Registered sex offender charged with new child pornography chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Alexander Grupp, 31, of Lancaster, NY, was charged by criminal complaint with attempted enticement and attempted production of child pornography. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, in November 2022, the FBI received a phone call from Erie County Probation requesting assistance regarding Grupp, a probationer and New York State level 2 sex offender. A probation officer advised that she seized a laptop from Grupp after he admitted to her that he was enticing minors to produce child pornography through the mobile application Discord. Investigators searched the laptop and recovered conversations sexual in nature and sexually explicit images exchanged between Grupp and a 15-year-old girl (Victim) on Discord.
Grupp made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained.
The complaint 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 Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the Erie County Probation Department, under the direction of Commissioner Richard B. Robillard.
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 indicted by federal grand jury on multiple drug and firearms chargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a five-count indictment charging Zaid Mendoza a/k/a Diamond, 45, of Jamestown, NY, with possession with intent to distribute fentanyl and methamphetamine, possession of a firearm in furtherance of drug trafficking crimes and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, in October and December 2022, Mendoza possessed fentanyl and methamphetamine with the intent to distribute it in the Jamestown area. On December 7, 2022, investigators executed a search warrant at Mendoza’s residence and recovered $1,800 cash, approximately 36 grams of fentanyl and a quantity of methamphetamine, a 9mm semi-automatic pistol, drug packaging paraphernalia, and cell phones. Mendoza, who was taken into custody at the scene, had another 36 grams of fentanyl on his person. In October 2014, Mendoza was convicted of a felony in Chautauqua County Court and is legally prohibited from possessing a firearm.
Mendoza was arraigned before U.S. Magistrate Judge Michael J. Roemer and is detained.
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 indictment is the result of an investigation by the Jamestown Police Department Metro Drug Task Force, under the direction of Chief Timothy Jackson, the Chautauqua County Sheriff’s Office County Drug Task Force, under the direction of Sheriff James Quattrone, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, 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.
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 Jamestown felon on gun and methamphetamine 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 Steven Glover, Sr., 39, of Jamestown, NY, with being a felon in possession of a firearm and possession of methamphetamine. The charges carry a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case stated that according to the indictment and a previously filed complaint, on the morning of December 14, 2022, a Jamestown Police officer observed Glover in a vehicle. The officer knew that Glover was suspended from driving. The officer stopped the vehicle and made contact with Glover, who immediately advised that he had a pipe on his person. Glover then handed over a glass pipe that contained what appeared to be methamphetamine residue inside. Glover was detained and a search of the vehicle recovered a digital scale with white crystal residue and a pistol. Glover was charged in New York State Court and released on bail. On February 22, 2023, a Jamestown Police officer observed Glover in the passenger seat of another vehicle and was aware of his outstanding charges. The officer stopped the vehicle and observed drug paraphernalia a plastic bag containing suspected methamphetamine. Glover was again taken into custody. In 2019, Glover was convicted of a felony in Chautauqua County Court and is legally prohibited from possessing a firearm.
Glover was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and detained.
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 indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, 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 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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Webster woman going to prison for stealing hundreds of thousands of dollars from WegmansRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Alicia Torres, 48, of Webster, NY, who was convicted of wire fraud, was sentenced to serve one year in prison by U.S. District Judge David G. Larimer. Torres was also ordered to pay restitution totaling $578,943.86.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Torres was employed at Wegmans Food Market, Inc. for approximately 27 years. Between 2014 and February 2023, she utilized the Enterprise System, which is used to fill customers’ prescriptions, to fraudulently process approximately 350 credit card refund requests in customers’ names with fictitious amounts. The fraudulent refund amounts were based on what Torres observed customers receiving in previous transactions. She then tricked the pharmacist on duty to sign off on and authorize the fraudulent refund requests. Once refund requests were approved, Torres paid the refund amounts to herself by swiping her bank debit card in Wegmans’ point of sale system. Between 2014 and February 2023, Torres received $568,021.69 in fraudulent refunds. In addition, between 2020 and February 2023, Torres fraudulently used Wegmans gift cards to steal $10,922.17 from Wegmans.
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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Two Yorkshire men charged with narcotics conspiracyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cody R. Bemish, 30, and Zakary A. Bemish, 22, both of Yorkshire, NY, were arrested and charged by criminal complaint with narcotics conspiracy and distribution of fentanyl and methamphetamine. The charges carry 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 according to the complaint, in February 2023, the Drug Enforcement Administration and New York State Police began investigating the drug trafficking activities of Cody and Zakarya Bemish in the Town of Yorkshire. Between March 8 and March 30, 2023, investigators conducted five controlled purchases of fentanyl and methamphetamine from either Cody or Zakary Bemish.
Cody and Zakary Bemish made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and are detained.
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, and the New York State Police, under the direction of Major Eugene Staniszewski.
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 Brighton High School teacher pleads guilty to possession of child pornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Louis Carusone, 45, of Webster, NY, pleaded guilty to possession of child pornography involving prepubescent minors, before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on October 10, 2022, Carusone, who was a high school physics teacher in the Brighton Central School District at the time, shared a video and images containing child pornography in an online peer-to-peer file-sharing network, which were downloaded by an undercover law enforcement officer. The officer then downloaded more files containing child pornography that were shared from Carusone’s IP address over the next few days.
On October 21, 2022, investigators executed a search warrant at Carusone’s Webster residence and seized multiple devices including a cell phone and computer. A forensic analysis recovered more than 2,000 images and videos of child pornography, some of which depicted children as young as five-years-old, and children being subjected to violence and sexual abuse. The forensic analysis further revealed that Carusone surreptitiously recorded and photographed children in public, to include minor female students in his Brighton classroom, and a water park, where he recorded children in bathing suits.
The plea is the result of an investigation by the Federal Bureau of Investigation Rochester Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for February 21, 2024, before Judge Wolford.
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Brockport man pleads guilty to his role in multi-million dollar investment scamRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Halford W. Johnson, 60, of Brockport, NY, pleaded guilty to conspiracy to commit securities fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that between September 2013, and April 2018, Johnson conspired with co-defendant Darin R. Pastor to defraud multiple investors through a publicly traded company named Creative App Solutions, Inc., whose stock was registered with the United States Securities and Exchange Commission. On September 6, 2013, Pastor paid approximately $1,774.10 to purchase approximately 3,548,200 shares of Creative App Solutions’ stock. Pastor became the CEO and changed the company’s name to Capstone Financial Group, Inc. Johnson was appointed Chief Financial Officer of Capstone.
From September 2013, through March 2017, approximately 95 investors purchased Capstone stock for $19,807,303. Johnson and Pastor fraudulently represented to investors and potential investors that Pastor had substantial personal wealth. For instance, they created a Wikipedia page for Pastor claiming that he had a net worth of hundreds of millions of dollars. They also mislead investors and potential investors to believe that their money would be used by Capstone to fund business deals that would generate substantial profits and increase the value of Capstone stock. These business deals included the building of a gas-to-liquid fuel production facility, the selling of gold to Hong Kong and Australian based companies, the selling of livestock, and multi-million-dollar investments by other companies in Capstone, all of which projected revenues of hundreds of millions of dollars.
Defendant Pastor used millions of dollars of investors’ money to pay his personal expenses and fund a lavish lifestyle for himself and his wife, including:
- repaying his personal debt to a securities firm;
- purchasing a house in Clarence, NY, for $1.5 million;
- purchasing a house in Florida for a relative;
- purchasing jewelry worth $294,640; and
- paying for his destination wedding in the Caribbean.
In December 2016, Capstone filed a Form 15 with the SEC terminating Capstone’s duty to file periodic and current reports with the SEC. Johnson and Pastor told investors that this meant Capstone was “going dark.” In April 2017, Capstone offered to buy back shares of Capstone stock from its investors and pay them at least four times the amount they initially paid for the stock. Johnson and Pastor knew that Capstone did not have sufficient money to pay the investors who had accepted the stock buyback offer. In order to further lull investors into believing that Capstone would fulfill its buyback agreements, Capstone made partial payments to investors totaling $6,728,500. The total loss to investors is $19,807,303.
Defendant Pastor was also charged but died in March 2023.
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, and the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for April 2, 2024, before Judge Vilardo.
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Jamestown man arrested, charged by criminal complaint with drug and gun chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Samuel L. Arrington, III, 41, of Jamestown, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin and fentanyl, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the complaint, on October 12, 2023, New York State Parole Officers conducted a detail at Arrington’s King Street residence. Probation officers knocked on Arrington’s door, several minutes later he answered and exited onto the front porch, and probation officers conducted a “pat down” of Arrington but found no contraband. Probation officers then searched a bedroom in the residence and recovered quantities of suspected cocaine and fentanyl, a large amount of cash, a shotgun, and ammunition. Subsequently, the Chautauqua County Narcotics Unit, Jamestown Metro Drug Task Force, and probation officers executed a search warrant at the residence, recovering another firearm, a .38 caliber revolver.
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 Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, III, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. DeVito, Special Agent-in-Charge, New York Field Division, the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
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 12 ½ years for selling fentanyl that led to two deathsRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Reginald E. Alexander, 60, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, fentanyl and being a felon in possession of a firearm and ammunition, was sentenced to serve 150 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that in 2003, Alexander was convicted of a felony in Erie County Supreme Court, and is legally prohibited from possessing a firearm and ammunition.
On December 30, 2020, Alexander called 911 to report that an individual identified as N.P. was present and unresponsive in his Moselle Street residence. When first responders and Buffalo Police Officers arrived a short time later, N.P. was pronounced dead. Prior to N.P.’s death, N.P. consumed fentanyl which Alexander possessed for distribution in his apartment. Subsequently, investigators recovered approximately 17 grams of fentanyl, drug paraphernalia, $3,798.00, and a 9mm semi-automatic pistol and ammunition from Alexander’s apartment.
On February 18, 2021, an individual identified as J.M. contacted Alexander by text message to purchase fentanyl. The two met on Main Street in Buffalo, where Alexander gave J.M. fentanyl. J.M. returned home, used the fentanyl, and was subsequently located by family members unconscious. First responders were called and administered Narcan and CPR to J.M., who was then transferred to a hospital where he later died.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, the Hamburg Police Department, under the direction of Chief Peter Dienes, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Bureau of Alcohol, Tobacco, and Firearms, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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Justice Department awards more than $16 million to support criminal justice initiatives in the Western District of New YorkRead the Press Release
BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that the Justice Department has awarded grant funding to 26 municipalities, school districts and human service organizations totaling $16,440,491 to support criminal justice initiatives across the Western District of New York.
“Agencies in the Western District of New York have been granted a total of $16,440,491, including school districts, police departments, social service agencies, and local governments across the 17 counties in the district,” stated U.S. Attorney Ross. “This funding will address several issues impacting our communities, including gun violence, domestic violence, sexual assaults, and the mental health needs of children. Of significant importance, more than $7,000,000 will be spent on addressing the needs of victims of crimes, including $3,889,303, which will be used to provide services to those directly impacted by the Tops mass shooting tragedy that resulted in the deaths of 10 members of our community.”
Grants have been awarded to address the following areas:
Victims Services:
- The Community Health Center of Buffalo has been awarded $3,889,303 to provide services to those impacted by the mass shooting on May 14, 2022, in Buffalo.
- Monroe County has been awarded $800,000 to continue improving the county’s criminal justice system response to domestic violence, dating violence, sexual assault, and stalking.
- The YMCA of Jamestown has been awarded $600,000 to support the Justice for Families Program. The YWCA Jamestown will collaborate with the Unified Court System Eighth Judicial District, and the Salvation Army New Center, to support supervised visitation and safe exchange efforts.
- The Family Justice Center of Erie County, Inc has been awarded $450,000 to continue improving the organization’s response to domestic violence, dating violence, sexual assault, and stalking.
- Coordinated Care Services, Inc. of Rochester has been awarded $400,000, which will be used to support Rise Up Rochester and its efforts to ensure safe housing for victims of gun violence and their families, and provide advocacy throughout the court process.
- Niagara University has been awarded $400,000 to collaborate with the YWCA of the Niagara Frontier, Pinnacle Community Services, the Seven Dancers Coalition, the Niagara County Sheriff’s Office, and the New York State Police in combatting domestic violence, dating violence, sexual assault, and stalking on campus.
- The Research Foundation for the State University of New York at Geneseo has been awarded $400,000 to work in collaboration with RESTORE, Chances & Changes, Inc., the Village of Geneseo Police Department, and the Livingston County District Attorney’s Office to combat domestic violence, dating violence, sexual assault, and stalking on campus.
- D’Youville College has been awarded $399,728 to collaborate with Suicide Prevention & Crisis Services, Inc., and the New York State Police to combat domestic violence, dating violence, sexual assault, and stalking on campus.
Services for Youth:
- The Sodus Central School District has been awarded $1,000,000 to work with the Wayne County Partnership and Ibero to better support migrant farmworkers and their families in Wayne County.
- The Lyons Central School District has been awarded $998,874 for its Resiliency, Equity, and Safety Initiative, which will address the daily challenges of youth face in a high needs rural region.
- The Wayne-Finger Lakes Board of Cooperative Educational Services has been awarded $999,987 to serve at-risk students and their educators in 25 school districts across Wayne, Seneca, and Ontario Counties, with a focus on social-emotional and mental health risks.
- The North Rose-Wolcott Central School District has been awarded $998,826 for the Improving School Safety through Early Intervention Initiative, a program that will focus on 9th and 10th grade students at risk of not graduating on time or dropping out of high school.
- The Elba Central School District has been awarded $625,000 to hire a social worker to expand mental and behavioral health services.
- The Frontier Central School District has been awarded $125,774 for anti-violence training programs for staff, administrators, and students at six school sites, four elementary schools, one middle school, and one high school.
Law Enforcement Initiatives:
- Monroe County has been awarded $526,741 and Erie County has been awarded $819,884 to address of backlog of DNA analysis cases in the Monroe County Crime Laboratory the Erie County Forensic Laboratory.
- Niagara County has been awarded $500,000 to address the backlog of cases in the Niagara County Sheriff’s Office Forensic Laboratory. Since 2017, the Toxicology – Postmortem caseload has increased 45% and the Firearms caseload has increased 126%.
- Wayne County has been awarded $299,907 to hire a community resource officer in the Wayne County Sheriff’s Office, who will guide the development of collaborations to reduce violence, especially intimate partner violence, drug-related violence, and youth violence.
- The City of Buffalo has been awarded $284,913, which will be used to support additional police patrols at select large-scale events to protect attendees from terroristic threats and/or gun violence. The funds will also be used by Erie County to support an Assistant District Attorney for juvenile justice prosecution, the Town of Amherst to purchase technology upgrades for police vehicles, and the Town of Cheektowaga to provide extra police patrols in hot spot areas to reduce crime.
- The City of Rochester has been awarded $175,205, which will be used by the City of Rochester and Monroe County to support the efforts of the Crisis Intervention Services unit.
- The Rochester Institute of Technology has been awarded $143,958, which will be used to reduce gun violence in the City of Buffalo through the Project Safe Neighborhoods Program, which is administered by RIT.
- The University of Rochester has been awarded $64,003 for research efforts into AI-powered audio generation and the use of deepfakes for criminal activities, as well as the development of audio deepfake detection.
- The City of Niagara Falls has been awarded $38,562, which will be used to continue to support two part time police liaisons to enhance communication between the community and the police, and to replace outdated handheld radios.
- The City of Jamestown has been awarded $20,694, which will be used by the Jamestown Police Department to purchase and implement an additional deployable pole camera system.
Reentry and Recidivism Initiatives:
- PathStone of Rochester has been awarded $750,000 to develop and implement a comprehensive community-based adult reentry program to serve incarcerated individuals incarcerated eligible for release within 90 days. These individuals will be served by the transition to Tomorrow (T2T) program.
- The Ontario County Economic Development Corporation has been awarded $729,132, to support the Finger Lakes Treatment Court, which is a post-plea, presentence court serving veterans and drug court participants.
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Ontario county man going to prison on child pornography chargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric Passalacqua, 37, of Phelps, NY, who was convicted of receipt and distribution of child pornography, was sentenced to serve 20 years in prison, 15 years of supervised release, and ordered to pay $21,000 in restitution by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on January 20, 2023, the FBI in Rochester received information from the FBI in Anchorage Alaska, that an individual located in Phelps, NY, may have been responsible for exchanging child pornography with an individual in Alaska. Subsequent investigation determined that individual was Passalacqua. On January 24, 2023, a search warrant was executed at Passalacqua’s Phelps residence. A forensic examination of his phone recovered over 600 images of child pornography, including images that Passalacqua produced depicting a minor victim. Passalacqua also admitted to producing images of another minor victim.
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 Anchorage Office of the FBI, under the direction of Special Agent-in-Charge Antony A. Jung.
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Rochester man arrested, accused of defrauding lending company out of hundreds of thousands of dollarsRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Paul Paredes, 52, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud, money laundering and aggravated identity theft. The charges carry a mandatory minimum penalty of two years in prison, a maximum of 20 years and a $500,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, since 2013, Paredes has owned J&E Business Consulting LLC, which provides merchant services to client businesses, including acting as a broker between the credit card processing companies and smaller retail businesses. Small businesses provide J&E with their financial information, such as the owner’s identifying information, including driver’s license, social security number, and email, as well as bank account information.
In January 2023, the FBI received information that a financial lending company (Victim 1) made numerous loans to customers of J&E, known as “equipment financing” loans. These loans were paid out to J&E’s bank account for supposed equipment sold to victim businesses, who supposedly applied for and agreed to the repayment terms of the loan in exchange for getting the equipment. However, only a very few repayments were made on the loans, and subsequent investigation by Victim 1 determined that customers had never applied for nor agreed to any such loan, nor had they acquired or had any knowledge of the specified equipment. In the instances in which repayments had been made, these customers were either unaware of them, or had been told by Paredes that the payments were for a different purpose.
According to the complaint, between May and November 2022, Paredes fraudulently submitted approximately 42 loan applications using the identities of approximately 31 individuals to Victim 1 and, as a result, the victim paid approximately $2,000,000 to J&E. The money was used for loan repayments to Victim 1 and other loan companies, as well as personal expenses such as credit cards, travel, and vehicles. Just four percent of victim funds were utilized for business-related expenses.
Paredes made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on October 18, 2023.
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 Internal Revenue Service, under the direction of Special Agent-in-Charge Thomas Fattorusso, and the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Adrienne A. Harris.
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 going to prison for COVID fraudRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Kenyatta Phipps, 47, of Rochester, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison and pay restitution totaling $376,747.23 by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in February 2020, Phipps filed a federal income tax return for the tax year 2019, reporting wages and interest income of $13,273.00, which resulted in a refund of $696. In August 2020, Phipps attempted four times to file a second 2019 federal income tax return on which he falsely reported additional income he earned in the amount of $333,522 from a company he operated called Platinum Express Cleaning. If the returns were accepted Phipps would have received a fraudulent tax refund of $164,951. After all four attempts were rejected by the IRS, in September 2020, Phipps filed a fraudulent amended federal income tax return for the year 2019, which was accepted by the IRS. In the fraudulent return, Phipps falsely reported that Platinum Express Cleaning received gross receipts of $455,734 from Eastman Kodak Company and had taxes withheld from such income of more than $355,000. This resulted in Phipps receiving a fraudulent tax refund and tax loss to the IRS of $186,570.
In addition to defrauding the IRS, Phipps used information from the false tax returns to submit three fraudulent loan applications in the name of Platinum Express Cleaning to the Small Business Administration (SBA) in attempts to obtain COVID relief funding through the Economic Injury Disaster Loans (EIDL) program provided by the 2020 CARES Act. Phipps also falsely stated on the EIDL loan applications that Platinum Express Cleaning had more than 120 employees which would have qualified his company for $573,200 on EIDL program loans. Prior to funding the EIDLs program loans, the SBA discovered the fraudulent loan applications and did not fund the loans.
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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Nurse practitioner arrested, charged with selling oxymorphoneRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Ostolski, 55, of North Tonawanda, NY, was arrested and charged by criminal complaint with conspiracy to distribute oxymorphone. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that Ostolski is a nurse practitioner working at Acacia Family Health in Lockport, NY, and is authorized to prescribe and dispense controlled substances. According to the complaint, Ostolski over-prescribed oxymorphone dosage units to select individuals who were patients, who then agreed to sell all or a portion of the prescribed pills for a financial profit. The patients were expected to give Ostolski the profits from the sale during their next office visit. The office visits were being billed to insurance including Medicare and Medicaid. Data from the New York State Department of Health Bureau of Narcotics Enforcement shows that between August 2021, and September 2023, Ostolski prescribed his co-conspirator patients collectively approximately 123 controlled substance prescriptions of oxymorphone, totaling in excess of 13,000 oxymorphone pills.
During the course of the investigation, investigators conducted several controlled purchases of oxymorphone from Ostolski, and multiple controlled office visits with Ostolski, during which he received cash payments.
Ostolski made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint is the result of an investigation by the Drug Enforcement Administration, Buffalo Resident Office, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Lockport Police Department, under the direction of Chief Steven Abbott, and the Niagara Falls Police Department, under the direction of Chief John Faso. Additional assistance was provided by the Bureau of Alcohol, Tobacco, and Firearms, The New York State Attorney General’s Office, and New York State Department of Health Bureau of Narcotic Enforcement.
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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Wayne county man pleads guilty to possession of child pornographyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Frederick Trivitt, 63, of Newark, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Meghan K. McGuire, who is handling 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. Trivitt also admits that he engaged in a pattern of activity involving the sexual abuse of a minor for approximately seven years.
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 Brian Ratajczak. Additional assistance was provided by the Wayne County District Attorney’s Office.
Sentencing is scheduled for February 1, 2024, at 9:30 a.m. before Judge Siragusa.
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North Chili man convicted of 37 counts of COVID relief fraud going to prisonRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Rech, 52, of North Chili, NY, who was convicted at trial of 37 counts of bank fraud, wire fraud, and money laundering, was sentenced to serve 57 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Meghan K. McGuire and Sean C. Eldridge, who handled the prosecution of the case, stated that Rech was the Director, President, and CEO of Guardian of Humanity, Inc., a nonprofit corporation, as well as the sole member of Eclipse, a limited liability company. Rech applied for eight different Payroll Protection Program loans, fraudulently claiming that Guardian and Eclipse had employees and that he had been paying wages to these employees, which qualified him for the PPP loans. In total, he attempted to obtain over $880,000 in PPP funds. Subsequent investigation revealed that Rech’s companies did not have any employees and did not pay wages to anyone. Rech himself was unemployed and collecting unemployment benefits from the State of New York at the time.
Rech received three PPP loans totaling approximately $277,500. Once he received the loans, Rech took the money out of the bank in amounts less than $10,000 to avoid federal reporting requirements. The Internal Revenue Service
recovered all of the funds from two safes in Rech’s home and a bank account that Rech had sole control over. As a result of the trial, all $277,500 was forfeited back to the government.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, New York Field Office, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Small Business Administration.
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Jamestown sex offender charged with production of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Timothy Douglas, 63, of Jamestown, NY, was arrested and charged by criminal complaint with production of child pornography, which carries a mandatory minimum penalty of 25 years in prison and a maximum of 50 years.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, on August 12, 2023, a customer at a grocery store in Jamestown found a blue Moxee phone sitting on a table in the entryway to the store and turned it over to a store employee, who took it to the security office. The employee unlocked the phone, noticed that the photo gallery was open, and observed a naked photo of a juvenile female, approximately 5-6 years old. The employee decided to wait until the next day to contact the store’s General Manager. The next day another employee saw the phone in the security office, unlocked it, observed another photo of a naked minor female, and called the Jamestown Police. Subsequently, investigators executed a search warrant on the phone and recovered images and videos of child pornography, and traced the phone to Douglas, a New York State Registered Sex Offender. Douglas was convicted in 2003 of multiple child sexual abuse charges. A total of three minor victims have been identified.
The complaint is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson and the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, 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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Federal grand jury indicts Buffalo man for fraudulently receiving COVID 19 fundsRead 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 Brian A. Smith, 49, of Buffalo, NY, with four counts of wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that Smith, owner of B Smith and Companies, LLC, received two Paycheck Protection Program (PPP) loans and one Economic Injury Disaster Loan (EIDL), which were administered by the Small Business Administration to assist small businesses during the COVID-19 epidemic. According to the indictment and a previously filed complaint, Smith submitted false documentation to the SBA and/or the financial institutions administering the PPP program, completing loan applications with fictious gross receipts, cost of goods sold, and payroll for businesses under his control. Smith is also accused of filing false tax returns misrepresenting his income to receive COVID relief loans for which he would not otherwise qualify. Smith personally received approximately $119,633.00 in EIDL and PPP loans, which he deposited into bank accounts that he controlled. The funds were ultimately used for personal expenditures at adult entertainment clubs, hotels, restaurants, cash withdrawals, and on retail goods.
In October of 2010, Smith was convicted of wire fraud in the Eastern District of Missouri and served 10 months in prison. In September 2012, Smith was convicted of wire and bank fraud in the Western District of New York and was sentenced to 63 months in prison. In September 2019, Smith was sentenced to serve an additional nine months in prison after violating the terms of his supervised release.
The indictment 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 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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Elmira man with prior child sex conviction pleads guilty to 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, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography by an individual with a prior sex offense conviction, which carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Meghan K. McGuire, who is handling 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 plea 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.
Sentencing is scheduled for February 5, 2024, before Judge Siragusa.
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Convicted bank robber pleads guilty to escaping reentry centerRead the Press Release
U.S. Attorney Trini E. Ross announced today that Brandon Loyd, 27, pleaded guilty before U.S. District Judge Richard J. Arcara to escape from the Lighthouse Buffalo Residential Reentry Center. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney P. Richard Antoine, who is handling the case, stated that in May 2017, Loyd was convicted of bank robbery by use of a dangerous weapon and brandishing a firearm in furtherance of a crime of violence, and sentenced to serve 85 months in prison. In September 2021, Loyd was transferred to the Lighthouse Buffalo Residential Reentry Center. On December 18, 2021, Loyd walked out of the center with all his belongings without authorization. Later that day, during a telephone call, a staff member instructed Loyd to return. He replied, “I’m going out of state, and they are going to have to extradite me.” Following the conversation, Loyd was placed in “escape status” until his arrest on December 24, 2021, by the United States Marshals Service.
The plea is the result of an investigation by the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for December 21, 2023, before Judge Arcara.
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Rochester man sentenced for falsifying documents submitted to the ArmyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Reginald Cannon, 55, of Rochester, NY, who was convicted of wire fraud, was sentenced to two years’ probation, fined $200,000, and ordered to pay restitution totaling $315,944.
Assistant U.S. Attorneys Richard A. Resnick and Kyle P. Rossi, who handled the case, stated that Cannon is president of Burnett Process, Inc., a Rochester based company, which, in May 2015, received a five-year contract from the United States Army to produce M98 Gas Particulate Filters. These filters are used by the Department of Defense in a wide range of military systems, such as shelters, mobile hospitals, and US Navy ships, to protect military personnel from chemical, biological, radiological, nuclear, and explosives threats. As fresh air is coming into a system, the filters push out potentially toxic substances. If the filters are not functioning properly, contaminants can get in, putting military personnel at risk. The contract, which was signed by Cannon, required that Burnett Process submit a report certifying that the supplier of the filter paper used to manufacture the M98 Filters complied with the material specifications listed in the contract. The contract also required that Burnett Process use one of two companies located in the United States whose filter paper met strict military specifications for such filter paper, or another company if such filter paper was properly tested, passed all the military specifications included in the contract, and was approved by the Army.
In September and October 2019, the Army ordered 3,650 M98 Filters at a cost of $315,944. When manufacturing these filters, Burnett Process used much cheaper filter paper from a company located in China that had not been properly tested, had not met the material specifications set forth in the contract, and had not been approved by the Army. By using the untested and unapproved cheaper filter paper, Burnett Process’ total cost to manufacture the filters was less than it should have been, which resulted in more profits for Burnett Process. Despite knowing that the proper filter paper was not used, Gannon still certified to the Army that the filter paper used was from one of the two approved filter paper suppliers in the United States.
“This defendant attempted to cut costs and increase his profits by using products that were not in compliance with the contract entered into by Burnett Process Inc. with the United States Military,” stated U.S. Attorney Ross. “Working with our investigative partners, this deception was uncovered before it caused harm to members of our military and this defendant, along with Burnett Process, have been held accountable for their actions.”
“There must be consequences for companies and individuals who not only defraud the U.S. government and taxpayers, but potentially put our warfighters at risk,” said Matthew Scarpino, Special Agent-in-Charge of Homeland Security Investigations Buffalo. “HSI will continue to leverage its unique investigative authorities to further these investigations along with our partners within the Department of Defense and Department of Justice.”
“Protecting the integrity of the Department of Defense procurement process and supply chain is a priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” stated Special Agent-in-Charge Patrick J. Hegarty, DCIS Northeast Field Office. “We will continue to protect our nation's military members from unnecessary harm and work with our law enforcement partners to hold individuals and companies accountable for providing substandard, substituted products to the U.S. military.”
“Fraudulent activities by employees or contractors who work with the U.S. Army will not be tolerated,” said Supervisory Special Agent Michael Conner of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office, Northeast Fraud Resident Agency. “Resolutions such as this one shows our resolve in bringing to justice those who would seek to defraud the U.S. Government and put the safety of our Soldiers at risk.”
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, 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, and the Department of the Army Criminal Investigation Division, Major Procurement Fraud Field Office, Acting Special Agent-in-Charge Michael Curran.
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Rochester man going to prison for possession of child pornographyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joseph Perez, 23, of Rochester, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 15 years in prison and 10 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 November 2020, Twitter reported that one of its users uploaded four images of child pornography to the Twitter site. Subsequent investigation traced the images to a Twitter account belonging to Perez. On November 5, 2021, investigators seized Perez’s electronic devices, including a cellular phone, which contained approximately 125 videos of child pornography. Some of the videos included children under the age of 12 engaged in sexually explicit conduct. At the time of his federal arrest, there was an active arrest warrant for Perez out of Potter County, Texas. As a part of his federal plea, Perez admits that he sexually abused a minor victim in the State of Texas on more than two occasions.
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 Eugene Staniszewski. Additional assistance was provided by the Monroe County District Attorney’s Office.
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Three men arrested, charged with stealing mailRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Legend Terrance Davis, 20, and Nathan Romar Arnold, 23, both of Rochester, NY, and Blake Montel Crayon, 27, of Willoughby, OH, were arrested and charged by criminal complaint with possession of a US Postal Service key and theft of mail. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, since January 2023, the U.S. Postal Inspection Service in Rochester office has been investigating a string of robberies involving the theft of postal mailbox keys. According to the complaint, early this morning, October 2, 2023, Postal Inspectors were headed to investigate a report that a blue USPS collection box across from the Brighton Station Post Office had been opened. On the way, they noticed two individuals walking in the direction of the Greece Post Office on Latta Road. The descriptions of those two individuals matched descriptions of suspects in previous robberies. A short time later, the Postal Inspectors noticed mail scattered on the ground near a Greece Post Office collection box. A review of video surveillance showed that the two suspects who allegedly robbed the collection box appeared to be the same ones that were seen walking down Latta Road.
Subsequently, at approximately 2:35 a.m. this morning, three collection boxes at the Jefferson Road Post Office were being robbed. At that time, Postal Inspectors conducting surveillance approached with lights and sirens. Defendants Davis and Arnold ran away but were apprehended following a brief foot chase. A third defendant, Crayon, who was driving the getaway car, was also taken into custody.
The complaint 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, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Greece Police Department, under the direction of Chief Michael Wood.
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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Springville nurse arrested, charged with possession and distribution of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Erik Hjemdahl-Monsen, 46, of Springville, NY, was arrested and charged by criminal complaint with possession and distribution of child pornography. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years in prison.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, in December 2022, the National Center for Missing and Exploited Children (NCMEC) alerted the New York State Police about an image of child pornography that had been uploaded on the Kik application. The NYSP began investigating and traced the image to Hjemdahl-Monsen, an Emergency Room Nurse at Oishei Children's Hospital. On Sept. 21, 2023, investigators executed a search warrant at Hjemdahl-Monsen’s residence and seized 10 items. During the search, investigators found a video containing child pornography video on Hjemdahl-Monsen’s iPhone that appeared to be stored on the device since 2020. On Sept. 29, 2023, the NYSP alerted the FBI and turned over the 10 items seized during the search warrant. A further review of Hjemdahl-Monsen's iPhone recovered several more videos containing child pornography.
Hjemdahl-Monsen made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on October 5, 2023, at 11:00 a.m.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski, and the Federal Bureau of Investigation Child Exploitation Task Force, 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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Paroled murderer going to prison for more than 24 years for production of child pornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Israel Rivera-Reyes, 48, of Rochester, NY, who was convicted of production of child pornography, was sentenced to serve 292 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between August 2021 and February 2022, Rivera-Reyes had sexual intercourse with a Minor Victim on an almost daily basis, knowing that the victim was a minor. During this time, Rivera-Reyes produced multiple videos of himself engaging in sexual intercourse with the Minor Victim. At the time of his arrest, Rivera-Reyes was on parole for a March 1995 conviction of Murder 2nd Degree.
The sentencing is a result of an investigation by the Irondequoit Police Department, under the direction of Chief Scott Peters, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the Monroe County District Attorney’s Office.
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