Western District of New York
Press releases recorded for this federal judicial district.
Canadian Truck Driver Arrested with Almost 400 Kilograms of Cocaine, Charged with Drug ConspiracyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Ahmed El Kady, 37, of Hamilton, Ontario, Canada, was arrested and charged by criminal complaint with possession with intent to distribute five kilograms or more of cocaine, and conspiracy to possess with the intent to distribute, and to distribute, five kilograms or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, on August 7, 2023, El Kady made entry into the United States at the Ambassador Bridge Port of Entry in Detroit, Michigan, driving a commercial truck (Subject Vehicle) without a commercial trailer attached. El Kady advised CBP Officers that he was picking up a trailer locally in Detroit. Investigators surveilled El Kady and the Subject Vehicle to the TA Travel Center in Dexter, Michigan, where, over the next two days, he appeared to make some sort of exchange with the drivers of two other commercial trucks. Investigators continued to surveil El Kady as he traveled to Ohio before returning to Dexter, Michigan and making another exchange with the driver of a third commercial truck. El Kady then traveled to Buffalo, NY, arriving on evening of August 9, 2023, and spending the night at local truck stop.
On August 10, 2023, in the early afternoon, El Kady’s wife Maja Tambur arrived at the truck stop. El Kady and Tambur got into Tambur’s vehicle, traveling to Niagara Falls, where they made frequent stops throughout the area and were observed driving evasively in a manner consistent with individuals conducting counter surveillance. After their attempts to lose investigators from their surveillance, El Kady and Tambur attempted to return to the truck stop to the Subject Vehicle. A federal search warrant was executed on the Subject Vehicle, during which approximately 386 kilograms of suspected cocaine were seized, and El Kady was taken into custody.
El Kady made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on August 14, 2023, at 11 a.m.
The complaint is the result of a joint investigation by Homeland Security Investigations, under the direction of Special Agent-in Charge Matthew Scarpino, the Royal Canadian Mounted Police, and Canada Border Services Agency. Additional assistance was provided by Customs and Border Protection, CBP Air and Marine Unit, U.S. Border Patrol, the Erie County Sheriff’s Office, the Buffalo Police Department, the North Tonawanda Police Department, the Cheektowaga Police Department, the Ontario Provincial Police, Peel Police, and Toronto Police Services.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Ontario County Man Pleads Guilty to Bilking Investors Out of Hundreds of Thousands of DollarsRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Thomas Corsaro, 59, of Bloomfield, NY, pleaded guilty to wire fraud before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that between November 2020, and November 2022, Corsaro, acting as an investment adviser, executed a scheme to defraud eight individual investors who invested funds with him. Rather than invest the funds, as he represented he would do, Corsaro used the funds for his own personal use, depositing the funds into personal and business bank accounts. In total, Corsaro received $1,712,469.32 from the eight investors. He repaid $265,642.83 prior to the criminal investigation.
The 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 December 6, 2023, at 2:00 p.m. before Judge Wolford.
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Jamestown Man Pleads Guilty to Selling Heroin and Fentanyl Which Resulted in Two DeathsRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Steven Mojica Medina, 35, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, heroin, fentanyl, and acetyl fentanyl, and being a felon in possession of a firearm and ammunition. The charges carry a maximum penalty of 50 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on August 30, 2018, an individual identified as J.H., fatally overdosed after ingesting a substance containing fentanyl, and acetyl fentanyl. Medina provided J.H. with the fentanyl and fentanyl analogue mixture shortly before J.H. died. Approximately a week later, on September 9, 2018, an individual identified as J.T. fatally overdosed after ingesting a substance containing heroin, fentanyl, and acetyl fentanyl. Medina provided the substance to a third party who then provided it to J.T.
On December 1 and 2, 2020, the Jamestown Police Department conducted controlled purchases of heroin and fentanyl from Medina. Subsequently, a search warrant was executed at Medina’s Euclid Avenue residence during which investigators recovered two loaded firearms, a drug ledger, 48 bags of fentanyl weighing 1.76 grams, and cocaine. On November 1, 2021, Medina was pulled over in his vehicle by the Jamestown Police Department. Officers recovered a 9mm semi-automatic pistol, six magazines and approximately 167 rounds of 9mm ammunition. Medina also had 24 wrapped baggies of crack cocaine weighing 3.8 grams. In July 2015, Medina was convicted of a felony in Chautauqua County Court and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
Sentencing is scheduled for December 11, 2023, before Judge Arcara.
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Spencerport Teacher Arrested, Charged with Production, Receipt, and Possession of Child PornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Ian Milam, 37, of Pittsford, NY, was arrested and charged by criminal complaint with production, receipt, and possession of child pornography, and transfer of obscene material to a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on May 3, 2023, the Greece, NY, Police Department received a report that a sexually explicit video was discovered on a 12-year-old girl’s phone. The girl allegedly received the video from her friend, an 11-year-old girl (Minor Victim 1). Subsequent investigation determined that Snapchat accounts with usernames “matteckler” and “mikeywikey37” had been contacting the two minor girls.
Search warrants executed on the Snapchat accounts with the usernames “matteckler” and “mikeywikey37” were traced to defendant Milam, who allegedly posed as a high school student in the Spencerport School District and sent sexually explicit photos and videos to Minor Victim 1. Milam is also accused of manipulating Minor Victim 1 into sending a photo via Snapchat of herself in a tank top. Investigators also uncovered numerous sexually explicit conversations between “matteckler” or “mikeywikey37”and other Snapchat users who appeared to be minors, including Minor Visit 2, a 12-year-old girl. Milam is also accused of coercing Minor Victim 2 to send sexually explicit photos to him.
Milam is sixth grade math teacher at Cosgrove Middle School, within the Spencerport School District.
If any members of the public have information regarding this defendant or the Snapchat accounts “matteckler” or “mikeywikey37,” please contact the FBI at (585) 279-0085.
Milam made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and is being held pending a detention hearing on August 14, 2023, at 10:00 a.m.
The complaint is the result of an investigation by the Greece Police Department, under the direction of Chief Michael Wood, the FBI Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Cheektowaga Man Pleads Guilty to Possession of 200,000 Images of Child PornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael P. Daly, 48, of Cheektowaga, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in June 2019, the National Center for Missing and Exploited Children (NCMEC) received a report from Microsoft Bing that one of their users uploaded an image of child pornography. Subsequent investigation traced the image to Daly. On October 22, 2020, investigators executed a search warrant at Daly’s residence in Cheektowaga, seizing a laptop computer, a flash drive, and an iPhone. A forensic search of all three items recovered over 200,000 images and 95 videos of child pornography. Some of the images include prepubescent minors and depictions of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Miraglia, the New York State Police, under the direction of Major Eugene Staniszewski, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.
Sentencing is scheduled for December 8, 2023, at 9:30 a.m. before Judge Vilardo.
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Ontario County Man Going to Prison for Production of Child Pornography and Methamphetamine ConspiracyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Timothy Wright, 33, of Phelps, NY, who was convicted of production of child pornography and conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, was sentenced to serve 240 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Melissa M. Marangola and Katelyn M. Hartford, who handled the case, stated that in July 2019, Snapchat reported a cybertip to the National Center for Missing and Exploited Children involving a Snapchat subscriber who uploaded two files of suspected child pornography. A subsequent investigation determined that the Snapchat subscriber was Timothy Wright. On May 18, 2020, the New York State Police executed a search warrant at Wright’s residence and seized multiple electronic devices, including a cell phone, a laptop, and a hard drive. A forensic analysis of the electronic devices uncovered approximately 8,462 images and video files of child pornography. These included a video and images of Wright sexually abusing a minor child.
On July 29, 2020, Wright provided methamphetamine to his wife and co-defendant Alicia Wright who then sold the methamphetamine to an undercover police officer. After the controlled purchase was complete, the Ontario County Sheriff’s Office executed a search warrant at the Wrights’ residence on Bear Street in Phelps, NY. Investigators recovered approximately $10,000 in United States currency, approximately 64 grams of methamphetamine, and a digital scale. Alicia Wright was charged and convicted and sentenced to serve one year in prison.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Brian Ratajczak, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Lancaster Man Arrested on Multiple Child Pornography ChargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Christopher Gostick, 29, of Lancaster, NY, was arrested and charged by criminal complaint with attempted production, receipt, and possession of child pornography, which carry a minimum penalty of 25 years in prison, a maximum of 50 years, and a fine of $250,000.
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the complaint, in June 2023, a nine-year-old female, Minor Victim 1 (MV-1), disclosed to her family that Gostick had kissed her on the lips. MV-1’s father and Gostick’s brother confronted Gostick regarding the incident and took possession of two cellphones belonging to Gostick. A review of the cellphones recovered pictures of Gostick kissing MV-1, a video of MV-1 using a bathroom, that Gostick surreptitiously recorded, commercially available child pornography, including images involving prepubescent minors, as well as a video recording of a Snapchat conversation between a prepubescent female and an adult male user, which appears to be Gostick. During the Snapchat conversation, the male user directs the prepubescent female to send him a sexually explicit video. Gostick has a prior conviction for Attempted Possessing a Sexual Performance by a Child Under Age 16, and is a Level 1 registered sex offender.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on July 27, 2022.
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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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Greece Man on Federal Supervised Release Going Back to Prison for Fraudulently Buying and Selling Sports CardsRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Kyle Bertrand, 35, of Greece, NY, who was convicted of wire fraud, was sentenced to serve 27 months in prison and ordered to pay approximately $33,000 restitution by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that stated that Bertrand is currently on supervised release following 2017 federal fraud and identity theft convictions. Between October 2021, and February 2022, Bertrand advertised on various social media and online forums that he had collectible sports cards for sale, and he also attempted to purchase sports cards that were being sold by other individuals. However, Bertrand advertised sports cards for sale that he either never possessed or never intended to deliver. For instance, he advertised sports cards that were collectible in nature and valued highly, with the ads appearing legitimate and containing appropriate information and images. When contacted by an interested buyer, Bertrand negotiated a sale price, and then directed the buyer to send payment by wire through a mobile payment service. After receiving the payment, he would send the buyer confirmation that the cards had been shipped. But, instead of receiving cards, buyers received empty boxes or cards of negligible value. In other instances, Bertrand stole collectible cards by contacting sellers, negotiating a purchase price, and making payment via credit card through processing service. Sellers would then mail the cards to Bertrand, who would then dispute his credit card payment through the credit card company, revoking the payment issued to the seller.
Bertrand defrauded a total of six victims in Florida, Ohio, Missouri, and Pennsylvania out of approximately $33,360.
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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Elmira Methamphetamine Dealer Pleads GuiltyRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Robert J. Fairbanks, Jr., 58, of Lowman, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute methamphetamine, which carries a maximum sentence of life in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Fairbanks was arrested on September 16, 2022, after the New York State Police Violent Gang and Narcotics Enforcement Team and the Elmira Police Department Drug Enforcement Unit executed a search warrant at his County Road 60 residence in Lowman. During the search, investigators recovered approximately 1,449 grams of methamphetamine, drug paraphernalia, $3,961.00 in U.S. currency, a 12-gauge shotgun, and 29 rounds of 12-gauge ammunition.
The conviction was the culmination of an investigation by the New York State Police, under the direction of Major Brian Ratajczak, the Elmira Police Department, under the direction of Chief Kristen Thorne, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
Sentencing is scheduled for November 7, 2023, at 9:15 a.m. before Judge Siragusa.
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Ontario Man Arrested, Charged with Attempting to Smuggle Marijuana into the United StatesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Ajaypal Dhillon, 22, of Scarborough, Ontario, Canada, was arrested and charged by criminal complaint with possession with intent to distribute 100 kilograms or more of marijuana and importing marijuana into the United States. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on the afternoon of Thursday, July 27, 2023, CBP Officers at the Peace Bridge Port of Entry encountered a semi-trailer operated by Dhillon at the primary inspection point. Dhillon presented customs documentation indicating a shipment of frozen waffles destined for a grocery store warehouse in Georgia. The shipper of the alleged waffles confirmed that the shipment was fraudulent, and the shipment was put on hold, while Dhillon was referred for a secondary inspection. During a physical exam of the cargo, boxes containing approximately 948 kilograms of a green leafy substance, consistent with that of marijuana, were located. In addition, 50 kilograms of ketamine were also discovered. Investigators identified Dhillon after CBP learned of five prior fraudulent shipments driven by Dhillon into the United States.
Dhillon appeared at a detention hearing before U.S. Magistrate Judge Michael J. Roemer and was detained.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Arrested, Accused of Stealing MailRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Eric Steven Arroyo, 41, of Buffalo, NY, was arrested and charged by criminal complaint with theft or receipt of stolen mail, which carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that late in the morning on July 27, 2023, the U.S. Postal Inspection Service was notified that someone not employed by U.S. Postal Service (USPS) was opening up the blue USPS Collection Box in the vicinity of Tonawanda and Briggs Streets in Buffalo. According to the complaint, “someone on a fat tire bicycle” was using a key to open the blue collection box, taking the mail, locking the collection box, and leaving the area. The Buffalo Police Department was called, and a USPS Customer Service Manager responded to the area of Tonawanda and Briggs Streets to meet officers. As the manager awaited officers, they observed a person, later identified as Arroyo, on a fat tire bicycle ride the bicycle and park next to a blue USPS Collection box on Elmwood Avenue near Hertel Avenue, open the collection box with “some kind of key,” take the mail, and leave the area. Buffalo Police located Arroyo behind a nearby building opening the stolen mail, at which time he was taken into custody.
Arroyo made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released subject on conditions.
The complaint is the result of an investigation by the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, Boston Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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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Kenmore Teacher Indicted on Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury returned an indictment charging Anthony V. Giambrone, 40, of Kenmore, NY, with possession of child pornography involving prepubescent minors, which carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that according to the indictment, in April 2020, Giambrone, currently a teacher with Erie 1 BOCES working at Maryvale Intermediate School, possessed images of child pornography on two separate laptop computers. The images included prepubescent minors.
Giambrone made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Sentenced to Five Years in Prison on Gun ChargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Omri Green, 28, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that in the early morning hours of October 15, 2022, Rochester Police Officers working the downtown “bar detail” responded to gunshots heard in the area of Haags Alley and Richmond Street. Upon entering the alley, officers identified Green and another individual. During a pat frisk of Green, they located a loaded .40 caliber handgun in his waistband. They also recovered a .40 caliber ammunition casing on Charlotte Street. In 2014, Green was convicted of a felony and is legally prohibited from possessing a firearm and ammunition.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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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Jamestown Felon Going to Prison for Gun PossessionRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Angelo Pollino, 35, of Jamestown, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that in January 2012, Pollino was convicted in Chautauqua County Court of Criminal Possession of Stolen Property in the Fourth Degree and Burglary in the Third Degree, and was sentenced to serve one to three years in prison. As a result, Pollino is legally prohibited from possessing a firearm. On January 24, 2019, Pollino and two other men broke into and burglarized a home in the Town of Ellicott, NY. Pollino and the others took a .380 caliber pistol, a .38 caliber revolver, a Glock pistol, and various bank and credit cards of the victim. The following day, the three men utilized the victim’s bank and credit cards at various locations in New York and Pennsylvania. Pollino then traded the pistol and revolver for heroin.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Ellicott Police Department, under the direction of Chief William Ohnmeiss.
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Buffalo Man Charged with Assaulting A Federal OfficerRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Jenay Cepeda-Nieves, 22, of Buffalo, NY, was arrested and charged by criminal complaint with assaulting a federal officer, which carries a maximum penalty of eight years in prison and a $250,000 fine.
Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the complaint, on July 6, 2023, United States Customs and Border Protection intercepted a parcel containing approximately 463 grams of cocaine mailed from the U.S. Virgin Islands to a residence on Koons Avenue in Buffalo, bearing both a fictious sender and receiver. On July 11, 2023, investigators conducted a controlled delivery of the parcel, replacing the cocaine with “sham” cocaine. After the parcel was accepted and taken inside the residence, a federal search warrant was executed, during which Cepeda-Nieves refused to follow commands and attempted to fight with investigators and abscond. When he was taken into custody, Cepeda-Nieves bit a Customs and Border Protection Taskforce Officer, on the leg, causing pain and bruising.
The complaint plea is the result of an investigation by United States Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, Homeland Security Investigations Buffalo Border Enforcement Security Taskforce, under the direction of Special Agent-in-Charge Matthew Scarpino, and the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward.
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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Maine Man Going to Prison for Fentanyl TraffickingRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Ray C. Mack, Jr., 30, of Augusta, Maine, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, was sentenced to serve 135 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Mack was part of a drug trafficking organization that distributed quantities of fentanyl, para-fluorofentanyl, and cocaine in Rochester, NY, and Augusta, Maine. Members of the conspiracy operated a drug house at a Woodward Street residence in Rochester and a Waldo Street residence in Augusta, where they sold the illegal narcotics to customers. On May 26, 2021, a search warrant was executed at the Waldo Street residence, during investigators recovered seven grams of fentanyl and a loaded 9mm pistol. Mack was arrested at that location at the time of the search.
The sentencing is the result of an investigation by the 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 Rochester Police Department and the Greater Rochester Area Narcotics Enforcement Team (GRANET), under the direction of Chief David M. Smith.
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Rochester Man Going to Prison on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Janard D. Warnick, 30, of Rochester, NY, who was convicted of conspiracy to distribute cocaine and possession of firearms in furtherance of a drug trafficking crime, was sentenced to serve 72 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that Warnick sold cocaine for profit and maintained a Clifford Avenue residence for the purposes of his drug trafficking activities. On February 23, 2022, investigators executed a search warrant at the residence and recovered approximately 61 grams of cocaine, 1.8 grams of fentanyl and acetyl fentanyl, 2 grams of crack cocaine, and drug paraphernalia. In addition, three firearms and a variety of ammunition were also recovered.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Grand Jury Indicts Seven Defendants for Their Roles in Rochester Illegal Sports Gambling BusinessRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging seven individuals for their roles in an illegal gambling business headquartered in Rochester, NY. Named in the indictment are:
- Louis P. Ferrari II, Dominic Sprague, and Tomasso Sessa are charged with two counts of conspiracy, one count of transmission of wagering information, and two counts of operating an illegal gambling business.
- Anthony Amato, Joseph Lombardo, Jeffrey Boscarino, and James Civiletti are charged with one count of conspiracy, one count of transmission of wagering information, and one count of operating an illegal gambling business.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendants conspired to operate illegal poker games at 565 Blossom Road and an illegal sports betting operation through the website sport700.com. Defendants Ferrari and Sprague co-owned and operated the illegal poker games at 565 Blossom Road, and Ferrari operated the illegal sports betting book through sport700.com, managing individual bettors and overseeing sub-agents, including Sprague, who had their own books of individual bettors. In addition, Ferrari owns and operates Ferrari Excavating on Steel Street in Rochester, where he collected cash payment of gambling losses from players and then laundered the illegal proceeds through the Ferrari Excavating business. Sprague also owned and operated a pawn shop on Stone Road in Greece, NY, where he collected cash payments of gambling losses from bettors and paid gambling winnings to bettors.
Defendant Amato administrated sport700.com and assisted Ferrari and others in creating accounts, usernames, and passwords, and managing individual bettors and overseeing sub-agents who had their own books of individual bettors on sport700.com. Defendant Sessa managed the day-to-day operations of the illegal gambling operation at 565 Blossom Road. Defendants Lombardo and Boscarino were sub-agents under Ferrari through sport700.com. Defendant Civiletti was an employee of Sprague’s pawn shop, collecting payments of gambling losses from people on behalf of Ferrari and Sprague.
During the course of the investigation, investigators intercepted a series of calls and text messages between targets of the investigation, sub-agents and individual bettors discussing the placement of bets, collection of winnings, and payment of losses. The investigation revealed that Ferrari generated $1,241,172 in winnings, while Amato generated winnings totaling $8,945,629.
On April 17, 2021, as investigators arrived to execute a search warrant at 565 Blossom Road, they interrupted an ongoing illegal card game, which sent individuals fleeing. An unknown number of individuals successfully fled, eight were temporarily detained. Investigators seized multiple items such documents, which included gambling ledgers and timestamped website printouts of online gambling player account activities. That same day, they also seized the cell phones of Ferrari and Sprague, which both contained evidence of sports bookmaking.
Former New York State Trooper Thomas Loewke, who was charged separately in connection with this case, was previously convicted and is awaiting sentencing.
Defendants Ferrari, Lombardo, and Civiletti were arraigned this afternoon before U.S. Magistrate Judge Mark W. Pedersen and were released on conditions. Defendants Sprague and Amato will be arraigned on July 11, 2023, and defendants Boscarino and Sessa will be arraigned on July 12, 2023.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso, the New York State Police, under the direction of Major Brian Ratajczak, the Greece Police Department, under the direction of Chief Michael Wood, and Rochester Police Department, under the direction of Chief David Smith. Additional assistance was provided by the Monroe County District Attorney’s 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 Man Going to Prison on Carjacking and Gun ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Devin C. Johnson, Jr., 32, of Rochester, NY, who was convicted of carjacking and discharge of a firearm in relation to a crime of violence, was sentenced to serve 174 months by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on April 14, 2022, Johnson approached a taxicab driver (Victim) at a gas station on Dewey Avenue and asked for a ride to Lake Avenue and Flower City Park. During the ride, Johnson pressed a handgun against the Victim’s stomach and demanded his cell phone and car keys. The Victim drove back to the gas station and got out of the taxicab with his car keys after a brief struggle inside the vehicle. Johnson grabbed the Victim, threw him to the ground, and forcibly took the car keys from him, striking him twice in the head with the butt end of the handgun. Johnson also pointed the gun at Victim 1 and discharged one round, striking the ground next to the Victim. Johnson then took off in the Victim’s vehicle. A Monroe County Sheriff Sergeant attempted to conduct a traffic stop on the stolen vehicle near Salmon Creek Road in Spencerport, NY. Johnson got out of the vehicle and fled but was taken into custody after a short foot pursuit and turned over to Rochester Police officers. A 9mm pistol, which was reported stolen in South Carolina, was found nearby where Johnson fled.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Police Chief David Smith, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Rochester Man Going to Prison for Selling FentanylRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert Colon, 31, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, was sentenced to serve 24 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that between January 2022, and March 9, 2022, Colon sold quantities of cocaine, fentanyl, and/or para-fluorofentanyl to an undercover law enforcement officer on different occasions, which resulted in an arrest warrant being issued on March 23, 2022. Colon was taken into custody on May 30, 2022. At that time, he possessed approximately 189 baggies containing fentanyl, approximately 16 baggies of cocaine, and $1,748 in cash, which represented drug proceeds.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Tonawanda Man Going to Prison on Child Pornography ChargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that David Rubel, 41, of Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to serve 84 months in prison and 15 years supervised release by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Raymond J. Fadel, who handled the case, stated that in August 2020, a parent filed a report with the Town of Tonawanda Police Department, alleging that Rubel had been texting his daughter, who recently turned 16 years-old (Victim), and that some of the texts he observed were sexual in nature. The parent observed inappropriate images on his daughter’s cell phone within a text thread between the Victim and Rubel. With the consent of the Victim’s father, an investigator searched the cell phone and observed the text messages, some of which included sexual images. Investigators also searched Rubel’s cell phone and recovered sexual images, including two videos, that were also found on the Victim’s cell phone, within the string of text messages between Ruble and the Victim.
The sentencing is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger and the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Ontario Man Pleads Guilty to Smuggling Marijuana into the United States via HelicopterRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Raminderjit Assi, 28, of Hamilton, Ontario, Canada, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to importation of marijuana into the United States, which carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that after researching methods of smuggling marijuana into the United States, including by helicopter, Assi and a co-conspirator obtained a helicopter and helicopter pilot licenses. On April 9, 2019, Assi and a co-conspirator flew a helicopter from Canada into United States airspace, specifically, Beaver Island Park on Grand Island, NY, where they left four red duffle bags. Before the bags could be collected by another co-conspirator, U.S. Border Patrol located the bags. The bags contained a total of 49 kilograms of marijuana. Radar data from the Federal Aviation Administration, CBP Air and Marine Operations, and NavCanada, determined that Assi and his co-conspirator turned off the transponder on the helicopter, failed to check-in with required towers, and failed to submit a required flight plan. Surveillance footage from the helipad in Canada where the two took off revealed that they prepared and operated the helicopter at take-off and returned in the helicopter after the illegal incursion. Assi later admitted he had flown the helicopter.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security Investigations, under the direction of Special Agent-in Charge Matthew Scarpino.
Sentencing is scheduled for October 16, 2023, at 1:00 p.m. before Judge Sinatra.
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Macedon Business Owner Charged with Wire Fraud in Classic Car SchemeRead the Press Release
ROCHESTER, NY—U.S. Attorney Trini E. Ross announced today that Clark P. Rittersbach, 49, of Cape Coral, Florida, was charged by criminal complaint with wire fraud, which carries a maximum sentence of 20 years imprisonment and a fine of $250,000.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, Rittersbach owned and was the sole manager of Concours Classic Motor Cars in Macedon, NY, from approximately 2006 until at least approximately 2021. The company, which specializes in the restoration and sale of antique vehicles, has many long distance and international customers. According to the complaint, since at least 2017, Rittersbach has fraudulently billed three victims for acquisition and/or restoration work on their antique vehicles that he either did not complete or did not perform at all, despite communicating to them via email and text message that he had. As a result of this scheme, Rittersbach fraudulently obtained at least $1.15 million dollars from the three victims.
- Between April 2009 and April 2019, Victim 1, who resides in Pennsylvania, paid Rittersbach to purchase or restore numerous vehicles on his behalf, but eventually became aware of instances in which Rittersbach lied about work done or vehicles purchased in order to obtain money from Victim 1, including a 1932 Dusenburg Murphy.
- Between 2014 and May 2021, Victim 2, a Canadian resident, paid Rittersbach to acquire and/or restore six rare and high value antique automobiles in exchange for payments totaling $374,000. These automobiles included a 1964 Porsche 356C, which Victim 2 never received.
- In 2008, Victim 3, who lived in the United Kingdom and France, entered into an agreement with Rittersbach to restore a 1926 Rolls Royce “Silver Ghost” he had purchased from an acquaintance of Rittersbach. By December 2021, Victim 3 became suspicious that Rittersbach was not performing the restoration work and requested verification, at which time Rittersbach became unresponsive to Victim 3. Subsequently, Victim 3 hired a private investigator and an attorney, who were able to locate the Rolls Royce in late April 2022. However, very little restoration work had been done.
Murphy made an initial appearance this morning before U.S. Magistrate Judge Mark W. Pedersen 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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Jamestown Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that Michael Murphy, 31, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between June 2019 and October 2020, Murphy bought, sold, and distributed quantities of methamphetamine for profit. In July 2019, the United States Marshal’s Service and other law enforcement officers went to a Bishop Street residence in Jamestown, where Murphy was present, to apprehend a federal fugitive. When they arrived, law enforcement observed, in plain view, distribution amounts of methamphetamine. They seized the methamphetamine and $1,476 in cash. Subsequently, a search warrant was executed, and investigators seized another 223 grams of actual methamphetamine and drug paraphernalia. In November 2019, investigators executed a search warrant at Murphy’s Newland Avenue residence in Jamestown. Before execution of the warrant, Murphy ran away, dropping a digital scale. Inside the residence, law enforcement recovered methamphetamine, illicit mushrooms, other drug paraphernalia, two firearms and ammunition, and $1,642 in cash. The investigation also included four controlled purchases of drugs from Murphy.
Co-defendants Rocco Beardsley, Miller Hagga, and Austin Gordon are scheduled for trial on September 6, 2023. Co-defendants Kylie Reeves, Garland Beardsley, Tyler Tedesco, and Giselle Bennett were previously convicted and are awaiting sentencing.
The plea is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
Sentencing is scheduled for October 17, 2023, before Judge Arcara.
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Convicted Felon Pleads Guilty to New Child Pornography ChargeRead the Press Release
ROCHESTER, NY—U.S. Attorney Trini E. Ross announced today that Jason Koscielski, 35, of Rochester, 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 December 2011, Koscielski was convicted on federal charges of receipt, distribution, and possession of child pornography, and sentenced to serve 135 months in prison and 30 years supervised release, which prohibited him from possessing any unmonitored telephone. In November of 2021, Koscielski obtained a Tracfone, in violation of the terms of his supervised release.
Between November 2 and November 16, 2021, Koscielski used the phone to send and receive images of child pornography and to possess approximately 476 images of child pornography. Many of the images involved children younger than 12 years old and were sexually explicit in nature. On November 5, 2021, Koscielski also used the Phone to exchange sexually explicit photos with Minor Victim 1, a 15-year-old male.
The plea is the result of an investigation by the U.S. Probation Department, under the director of Chief Probation Officer Timothy Englert and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for October 24, 2023, before Judge Siragusa.
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Wolcott Man Who Attempted to Have Sex with A 12 Y/O Is Going to Prison for 35 YearsRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jacob Ritchie, 37, of Wolcott, NY, who was convicted of distributing child pornography following a prior conviction for a child sex abuse offense, was sentenced to serve 35 years in prison and 10 years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between November 2021, and February 2022, Ritchie engaged in sexually explicit online communications with an undercover New York State Police Investigator, who Ritchie believed was a 12-year-old female. During these conversations, Ritchie repeatedly asked the child to produce and send to him images of child pornography. He also attempted to persuade the child to meet him for sex. Ritchie also sent images of child pornography in an attempt to groom the child for sexual activity. The images depicted children as young as eight-years-old engaged in sexual activity with adults. Ritchie also made numerous references to possible sexual contact with a minor relative while communicating with the undercover investigator.
In February 2022, investigators executed a search warrant at Ritchie’s residence, where they recovered a cell phone containing dozens of images of child pornography. Some of the images depicted the sexual abuse of children as young as toddlers, and children being subjected to violence. A subsequent search of Ritchie’s social media found that he engaged in multiple online conversations during which he openly discussed sexually abusing children and traded child pornography. Ritchie admitted to sexually abusing multiple children, to include a child as young as five-years-old. He is a level 3 sex offender following child sexual abuse convictions in 2012, 2016, and 2017.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Brian J. Ratajczak and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Buffalo Man Arrested, Charged with Production of Child PornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Mark Nash, 34, of Buffalo, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum penalty of 15 years in prison, and a maximum of 30 years.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on April 4, 2023, the Buffalo Police Department received a report that Nash had nude images of a minor victim on his phone and that he had allegedly sexually abused the girl. A search warrant executed on Nash’s phone recovered over 200 sexually explicit images of the minor victim.
Nash is currently on probation following a 2022 conviction in Erie County Court for Criminal Possession of a Weapon in the Second Degree.
Nash made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on June 29, 2023.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Lakeview Man Going to Prison for Distribution of Child PornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Daniel Fitzpatrick, 36, of Lakeview, NY, who was convicted of distribution of child pornography, was sentenced to serve 156 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Maeve E. Huggins, who handled the case, stated that in October 2021, Fitzpatrick, using the display name “back2school” and username “bttm4anon,” shared a link containing multiple images of child pornography in a public chat room on the Kik Messenger application titled “Join a boys only group.” In April 2022, investigators executed a search warrant at Fitzpatrick’s residence in Lake View. Child pornography images were located on a cell phone a laptop computer, and a personal computer. A total of 148 images and 108 videos of child pornography were recovered, some of which depicted a prepubescent minor engaged in sexually explicit conduct.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the Hamburg Police Department, under the direction of Chief Peter Dienes.
U.S. Attorney Discusses Anti-Gun Violence Efforts, Announces Indictment of Defendant Allegedly Involved in Murder of Rochester Police OfficerRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross joined with law enforcement partners at the federal, state, and local levels today to announce the return of an indictment of the leader and members of a violent drug trafficking organization and to discuss ongoing efforts aimed at reducing violence, in particular gun violence, in the City of Rochester.
“My message to those who think that they can terrorize our community with senseless acts of violence is ‘don’t do it’.” “Our office, together with our law enforcement partners, is vigilant, working day and night to hold those committing crimes accountable. We will continue these efforts to ensure that the community can feel safe and community members can enjoy the summer.”
Over the last year, the U.S. Attorney’s Office has worked closely with the RPD, ATF, FBI, USMS, NYSP, MCSO, DEA, and the Monroe County District Attorney's Office to target, investigate, and bring federal charges against violent offenders and those who possess and illegally use guns in Rochester. To that end, the U.S. Attorney’s Office has adjusted its charging practices to communicate with RPD and ATF, quickly and effectively, to screen gun arrests and determine whether they are appropriate for federal prosecution. Once federal charges are brought, in appropriate cases, the U.S. Attorney’s Office will make a motion to the court to detain defendants who pose a danger to the community or who are likely to flee pending trial. This has helped reduce the number of violent offenders and illegal gun possessors who are returned to the community after arrest, which has helped to reduce violence in the city.
As part of its gun violence initiative, the U.S. Attorney’s Office has pursued larger, more organized violent groups. Working closely with RPD, ATF and other law enforcement partners, the Office has targeted two violent groups who were engaged in a feud with each other. As a result of this investigation, 23 defendants have been charged in criminal complaints. In addition to these complaints, last week the federal grand jury in Rochester returned a 10-count indictment against Brandon Washington, Deadrick Fulwiley, Derrick Steele and Jermell Washington, charging them with conspiracy to possess with intent to distribute more than 100 kilograms of marijuana from various drug houses they operated in the City of Rochester. The four defendants are also charged with possessing, using, and carrying firearms in furtherance of their drug trafficking crimes. In addition, Brandon Washington and Deadrick Fulwiley are charged with possessing, using, and carrying a machine gun in furtherance of their drug trafficking crimes. Brandon Washington is alleged to be the leader of an armed drug trafficking organization in Rochester that became involved in a violent dispute with a rival gang headed by Rasheem Sullivan during the summer of 2022. Sullivan, along with eight additional Bloods gang members, were charged in December 2022 with narcotics conspiracy and weapons offenses. The conflict between Washington and Sullivan resulted in multiple instances of violence, including drive-by shootings, arsons, assaults, and murders. These included the ambush shooting of Rochester Police Officers Anthony Mazurkiewicz and Sino Seng on July 21, 2023, which resulted in the death of Officer Mazurkiewicz.
As a result of the hard work of our law enforcement partners and our collaboration with the Monroe County District Attorney’s Office, since July of 2022, the U.S. Attorney’s Office has charged approximately 100 defendants with federal gun crimes. These arrests and the underlying investigations have resulted in more than 100 illegal firearms being removed from the community. Most importantly, these efforts have resulted in a reduction in the volume of gun violence in Rochester in the first half of 2023.
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Jamestown Man Pleads Guilty to Being A Felon in PossessionRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Randall Rolison, 60, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of firearms and ammunition, which carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Louis Testani, who is handling the case, stated that in January 2022, the Jamestown Police Department and FBI began investigating Rolison’s purchase of firearms outside of the State of New York and subsequent sale of the firearms in the Southern Tier of New York. The investigation determined that Rolison, an over-the-road truck driver, purchased firearms and ammunition from a roadside stand in the State of Georgia between the Summer of 2021 and December 2021, and subsequently transported and sold, or attempted to sell, a total of nine firearms and ammunition in New York. Rolison sent pictures of the firearms via text message to various individuals to solicit interest in purchasing them and would subsequently straw purchase the firearms on behalf of the individuals. In June 1997, Rolison was convicted of a felony in Michigan and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
Sentencing is scheduled for December 19, 2023, before Judge Sinatra.
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Federal Grand Jury Indicts Tonawanda Man on Production and Distribution of Child Pornography Charges and Destroying EvidenceRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury returned an indictment charging Michael E. Swain, 35, of Tonawanda, NY, with production and distribution of child pornography and corruptly altering, destroying, mutilating, or concealing evidence. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Raymond J. Fadel, who is handling the case, stated that according to the indictment and a previously filed complaint, the Tonawanda Police Department received a report that a minor female was the victim of coercion involving Swain. The investigation determined that Swain had been communicating on the Discord social media app with the victim for a long period of time. At his request, the victim sent numerous images and videos of herself to Swain, including some sexually explicit images. At times, Swain would threaten to release the images to family and friends of the victim. Investigators executed a search warrant at Swain’s residence and seized a cell phone, thumb drive, desktop computer, laptop computer, and an SD card. According to the indictment, when investigators arrived to execute the search warrant, Swain allegedly factory reset his cell phone, which can cause the data that was on the device to be deleted and unrecoverable.
The indictment is the result of an investigation by the Tonawanda Police Department, under the direction of Chief James Stauffiger, the Federal Bureau of Investigation Buffalo Office 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 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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Dunkirk Man Pleads Guilty to Drug Charges Involving an Overdose That Led to A DeathRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Bruce Massara, 57, of Dunkirk, NY, who was convicted of possession with intent to distribute, and distribution of, 10 grams or more of butyryl fentanyl, was sentenced to serve 120 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that in August 2018, the FBI began investigating Massara’s narcotics trafficking activities. The investigation determined that his distribution of heroin and fentanyl analogs was linked with several overdoses:
- In March 2017, the Amherst Police Department and first responders were called to a residence in Williamsville, where they located L.B. on the ground, unconscious and unresponsive. L.B. appeared to have overdosed but was revived with Narcan and survived. Massara was present at the scene and prior to L.B.’s overdose, Massara provided L.B. with heroin.
- In November 2017, the Amherst Police Department and first responders were again called to the Williamsville residence, where they located S.D., who was pronounced dead at the scene. The previous evening, Massara provided heroin, fentanyl, butyryl fentanyl and furanyl fentanyl to S.D., who then overdosed.
- In November 2018, Massara provided heroin and fentanyl to L.B. at the same Williamsville residence. After taking the mixture, L.B. lost consciousness but Massara administered Narcan to L.B. and revived him.
The investigation also included a controlled purchase of narcotics from Massara. Following his arrest on May 23, 2019, while incarcerated at the Niagara County Jail, Massara directed a third party to destroy a personal journal containing entries related to, among others, the overdoses of S.D. and L.B.
The sentencing is the result of an investigation by the Amherst Police Department under the direction of Chief Scott Chamberlin and the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
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Federal Jury Convicts Broome County Man for Traveling to Wyoming County to Attempt to Have Sex with A 13-Year-OldRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury convicted David Lettieri, 36, of Harpursville, NY, of enticement of a minor. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorneys Paul E. Bonanno and Maeve E. Huggins, who handled the prosecution of the case, stated that in October 2020, Lettieri traveled from Broome County to meet a 13-year-old girl (victim) in a park in Wyoming County with the intent of having sexual intercourse, however sexual contact did not occur. Subsequent investigation recovered communications between Lettieri and the victim, including photos of the victim on Lettieri’s phone. Investigators also searched Lettieri’s Facebook account and recovered conversations between Lettieri, the Victim, and the Victim’s sister, which were sexual in nature. The Victim’s age was also revealed during the conversations.
The verdict is the result of an investigation by the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing will be scheduled at a later date before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.
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Elmira Methamphetamine Dealer Going to Prison for 15 YearsRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Corey J. Lattimer, 30, of Elmira, NY, who was convicted of possession with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 188 months in prison by U.S. District Judge Charles J. Siragusa. Lattimer was also ordered to forfeit $3,528.62 in seized U.S. currency, and over 250 rounds of seized ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Lattimer was arrested April 25, 2022, after the Elmira Police Department Drug Enforcement Unit and the New York State Police Violent Gang and Narcotics Enforcement Team executed a search warrant at his S. Main Street residence. During the search, investigators recovered approximately 2,075 grams of methamphetamine, 475 grams of fentanyl, and 5.2 grams of p-Flourofentanyl, a fentanyl analogue, drug paraphernalia, $3,528.62 in U.S. currency, and over 250 rounds of live .45 caliber, 9mm caliber, and .380 caliber ammunition.
The sentencing is the result of an investigation by the Elmira Police Department, under the direction of Chief Kristen Thorne, the New York State Police, under the direction of Major Brian Ratajczak, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
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Jamestown Man Pleads Guilty to Drug ConspiracyRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Richard A. Philbrick, 37, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more fentanyl. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, $10,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Philbrick bought and sold heroin, fentanyl, and methamphetamine for profit and his own use, and utilized Facebook for his drug trafficking activities. Philbrick used and maintained residences on Newland Avenue in Jamestown for drug trafficking. During the course of the investigation, investigators conducted multiple controlled purchases from Philbrick. On May 4, 2022, during a traffic stop by Jamestown Police, officers recovered drugs and drug paraphernalia, $1,098 in U.S. currency, fentanyl, methamphetamine, morphine pills, hydrocodone pills, buprenorphine pills, psilocybin mushrooms, cellphones, suboxone strips, and a Pellet Gun, on Philbrick’s person and during a search of the vehicle.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the 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.
Philbrick’s sentencing is scheduled for October 2, 2023, before Judge Vilardo.
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Jamestown Man Going to Prison on Drug and Gun ChargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Douglas Beardsley, 38, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine and being a felon in possession of firearms, was sentenced to serve 176 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between September 2018 and January 2019, Beardsley bought, sold, and distributed heroin and methamphetamine for profit in the Jamestown area, utilizing several co-conspirators, associates, and runners as well as Facebook and various electronic devices to operate his drug trafficking activities. Beardsley also distributed large amounts of methamphetamine to numerous other individuals in the Jamestown area. During the conspiracy, Beardsley utilized residences on Linden and Forest Avenue in Jamestown for his drug trafficking. In January 2019, investigators executed a search warrant at the Forest Avenue residence, recovering two firearms, ammunition, $296.00 in cash, quantities of crystal methamphetamine, a digital scale, and other drug paraphernalia. Throughout the conspiracy, Beardsley obtained approximately $112,000 in monetary proceeds from drug trafficking.
In March 2005, March 2009, and February 2013, Beardsley was convicted on various charges in Chautauqua County Court, including drug possession, attempted burglary, and DWI, and is legally prohibited from possessing a firearm.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
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Jamestown Man Going Back to Prison for Escaping from Halfway HouseRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Melvin Ingram, 45, of Jamestown, NY, who was convicted of escape, was sentenced to serve 12 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Raymond J. Fadel, Paul E. Bonanno, and Charles M. Kruly, who are handling the case, stated that in November 2018, Ingram was sentenced to serve 70 months in prison for conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. On May 3, 2022, the Bureau of Prisons transferred Ingram from Federal Correctional Institution Allenwood, in Allenwood, PA, to a community-based placement at CRJ Lighthouse Residential Reentry Center, in Buffalo. Late in the morning on July 24, 2022, Ingram left the RRC without permission from the RRC staff. Ingram was arrested by the United States Marshals Service on November 10, 2022.
The sentencing is the result of an investigation by the U.S. Marshals Service, under the direction of Marshal Charles Salina and the Federal Bureau of Prisons Residential Reentry Management Office, Pittsburgh, PA.
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Orchard Park Man Pleads Guilty to Marijuana ConspiracyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Kevin Judge, 65, of Orchard Park, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Judge was a drug trafficking associate of co-defendant Gary Wolch. Judge traveled to secure marijuana for the drug trafficking operation and coordinated with other associates and conspirators to obtain marijuana for distribution in the Western New York area. On August 16, 2019, Judge arrived at the Buffalo Niagara International Airport, where he was approached by investigators at his gate and his bags were detained. After initial questioning, Judge was taken back to his vehicle in the parking lot. Once back in his vehicle, Judge contacted Wolch and said, “There’s a problem.” He then called other associates and co-conspirators. During the execution of a search warrant on Judge’s bags, law enforcement recovered $60,000 in U.S. currency and $40,000 in Western Union Money Orders. Judge admits he was attempting to go to Southern California with $100,000 to purchase marijuana. Charges are pending against Wolch.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Orchard Park Police Department, under the direction of Chief Patrick Fitzgerald, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Sentencing is scheduled for October 10, 2023, before Judge Arcara.
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Buffalo Man Sentenced for His Role in Two Credit Union Robberies in Lackawanna and ClarenceRead the Press Release
BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Myron McCollum, 35, of Buffalo, NY, who was convicted of aggravated bank robbery, was sentenced to serve 170 months in prison and ordered to pay restitution totaling $439,293.90, by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Joshua A. Violanti and Nicholas T. Cooper, who handled the case, stated that on July 25, 2019, McCollum and co-defendant Ronald Morris entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna wearing dark colored clothing and face masks and conducted a bank robbery with pepper spray and a pistol. McCollum and Morris traversed the teller’s counter, sprayed the tellers with pepper spray, and went to the unlocked safe, forcibly taking $290,500 in United States currency.
On November 7, 2019, McCollum, Morris, and co-defendant Carl Wilson, armed with a pistol and donning masks and gloves, entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. McCollum and his accomplices ordered all the employees to the ground and demanded money. McCollum and Wilson went behind the teller line and went through teller’s drawers, while Morris went to the vault. They forcibly took $148,793.90 in United States currency.
Defendant Carl Wilson was previously convicted and sentenced to serve 72 months in prison. Defendant Ronald Morris and another co-defendant, Adrian Applewhite, were also previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; and the Lackawanna Police Department, under the direction of Chief Mark Packard.
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U.S. Attorney Ross Hosts AGAC Subcommittee Meeting in BuffaloRead the Press Release
BUFFALO, N.Y. – This week, U.S. Attorney Trini E. Ross, a member of Attorney General Merrick Garland’s Advisory Committee (AGAC) and Chair of the Law Enforcement Coordination, Victim Assistance and Community Relations Subcommittee (LEVC), hosted the LEVC meeting in the Western District of New York, which brought U.S. Attorneys from across the country to the Buffalo area for two days. The meeting included presentations and discussions on several issues:
- Members participated in detailed presentations from members of law enforcement and victim witness personnel regarding the May 14th tragedy. They also heard from Tops President John Persons and visited the Tops store on Jefferson Avenue.
- Members went to the Merriweather Library and spoke with community leaders who work with the U.S. Attorney’s Office on community outreach efforts.
- Members spoke with representatives of the business community, who work with the U.S. Attorney’s Office on multiple issues, including fraud and cybercrime.
- Members met with federal law enforcement who work on the front lines of international border issues.
“I was honored to host the LEVC meeting in Buffalo, which allowed my U.S. Attorney colleagues to spend time in this wonderful community and learn from our experiences. Over these two days, my colleagues from across the country were able to witness firsthand how our District works with law enforcement, the community and crime victims,” stated U.S. Attorney Ross. “In addition, these U.S. Attorneys witnessed the resiliency of our Buffalo community in the aftermath of the May 14th shooting and experienced the progress that the community has made.”
Members of the AGAC advise the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies. The LEVC is a subcommittee of the AGAC.
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Rochester Man Pleads Guilty to Fentanyl ChargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Denzell D. Easter-Stevenson, 28, of Rochester, NY, pleaded guilty to possession with intent to distribute 40 grams or more of fentanyl before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on November 28, 2021, investigators executed a search warrant at a residence on Smith Street in Rochester, recovering approximately 41 grams fentanyl and 4-ANPP, approximately 3.8 grams of fentanyl and para-fluorofentanyl, approximately 1.1 grams of fentanyl and tramadol, 108 glassine baggies of fentanyl packaged for sale, marijuana packaged for sale and approximately $1,207 in United States currency. In addition, a semiautomatic pistol loaded with one round of ammunition, a magazine loaded with 15 rounds of ammunition, and a variety of ammunition was also recovered.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
Sentencing is scheduled for October 2, 2023, at 3:30 p.m. before Judge Wolford.
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Buffalo Man Sentenced for Assaulting an FBI AgentRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Tyler Collins, 27, of Buffalo, NY, who was convicted of assaulting a federal officer and causing a bodily injury, was sentenced to time served (approximately nine months) and three years’ supervised release by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Franz M. Wright and Douglas A. C. Penrose, who handled the case, stated that on July 12, 2022, at approximately 4:00 p.m., Collins attempted to enter the FBI-Buffalo Division main office but was denied entry by the security guards inside of the front door. At the time, three federal agents were walking back to the main office and encountered Collins, who they observed was yelling into the intercom system. Collins was heard yelling expletives while physically banging on the FBI building’s door demanding entry. One of the federal agents attempted to calm Collins, at which time Collins punched the federal agent, physically assaulting him. One of the other federal agents discharged pepper spray, in an attempt to subdue Collins, who then fled on Elmwood Avenue. Collins was later taken into custody that evening after he was found walking on Delaware Avenue.
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.
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Rochester Man Charged with Production and Possession of Child PornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 60, of Rochester, NY, was arrested and charged by criminal complaint with production and possession of child pornography, which carry a minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2022, the Monroe County Sheriff’s Office received information that Nicot had cameras hidden in a bathroom of his residence. The Sheriff’s office subsequently executed a search warrant at the residence, seizing a USB drive, cell phones, an SD card, and a laptop. A forensic review of the items seized recovered numerous photographs and videos depicting young boys and adult men nude. Some of the videos depicted young boys and adult men showering. Investigators believe some of the videos were taken by the camera hidden in Nicot’s bathroom. In addition, investigators have identified videos that they believe were taken by a camera that Nicot hid in a bathroom, that included a shower, in an Orleans County, NY, church. The investigation has identified five victims.
Anyone with information regarding this case is asked to call the Federal Bureau of Investigation at 1-585-546-2220.
The complaint is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia.
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 Felon Pleads Guilty to Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced that Jesus Santiago, 32, of Rochester, NY, pleaded guilty to possession with intent to distribute marijuana and being a felon in possession of a firearm and ammunition, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on June 23, 2022, Santiago was on supervised release. U.S. Probation officers searched his residence on Glide Street in Rochester, and recovered a loaded 9mm, semi-automatic handgun, ammunition, approximately 362 grams of marijuana, and drug packaging material. In 2016, Santiago was convicted in Erie County, NY Court of Attempted Criminal Possession of a Weapon in the Second Degree. In 2019, he was convicted in the Western District of New York of being felon in possession of a firearm and ammunition. As a result, Santiago is legally prohibited from possessing firearms and ammunition.
The plea is the result of an investigation by U.S. Marshals Service Task Force, under the direction of Marshal Charles Salina, the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
Sentencing is scheduled for August 30, 2023, at 2:30 p.m. before Judge Larimer.
Webster Woman Pleads Guilty to 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, 47, of Webster, NY, pleaded guilty before U.S. District Judge David G. Larimer to wire fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling 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 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 September 11, 2023, at 2:00 p.m. before Judge Larimer.
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Rochester Man Pleads Guilty to COVID FraudRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Kenyatta Phipps, 46, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling 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 plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso.
Sentencing is scheduled for August 20, 2023, before Judge Geraci.
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Mexican National Extradited from Mexico to the United States to Face Cocaine Trafficking and Money Laundering ChargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Gilberto Alarcon-Holguin a/k/a Beto, 55, a Mexican national, was arraigned in the U.S. District Court for the Western District of New York on charges of conspiracy and possession with intent to distribute cocaine and conspiracy to launder the illicit proceeds charges. In December 2022, Alarcon-Holguin was arrested by Mexican authorities in Mexico pursuant to an extradition request from the United States. he was extradited from Mexico to the United States on May 26, 2023.
Assistant U.S. Attorneys Michael J. Adler and Jeremiah E. Lenihan, who are handling the case, stated that according to the indictment against Alarcon-Holguin, between October 2017, and December 2018, he conspired with others to sell cocaine and then launder the proceeds of the drug sales. During the course of the investigation, law enforcement seized approximately 2.6-million dollars.
Alarcon-Holguin was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was held pending a detention hearing on June 6, 2023, at 1:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the New York State Police, under the direction of Major Eugene Staniszewski; the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard and Homeland Security Investigations, El Paso, Texas. The Government of Mexico, including the Fiscalía General de la República (FGR), provided significant assistance in the extradition of Alarcon-Holguin to the United States. The Justice Department’s Office of International Affairs worked with law enforcement partners in Mexico to secure the arrest and extradition of Alarcon-Holguin.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Steuben County Man Pleads Guilty to Possession of Child PornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that John Buckley, 59, of Wayland, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between August and December 2021, Buckley used his cellphone to take sexually explicit photos of a minor female. On August 30, 2022, the FBI executed a federal search warrant on the cellphone and recovered 31 images containing child pornography, including images of the minor female. Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between August and December 2021, Buckley used his cellphone to take sexually explicit photos of a minor female. On August 30, 2022, the FBI executed a federal search warrant on the cellphone and recovered 31 images containing child pornography, including images of the minor female.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the FBI Chicago Field Office and the Joliet, Illinois Police Department.
Sentencing will be scheduled at a later date before Judge Wolford.
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Rochester Woman Sentenced for Assaulting Two People on an AirplaneRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cynthia McKnight, 24, of Rochester, NY, who was convicted of simple assault in the special aircraft jurisdiction of the United States, was sentenced to time served and three years’ probation by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys John D. Fabian and Charles M. Kruly, who handled the case, stated that on April 19, 2022, McKnight was a passenger on an American Airlines flight from the Buffalo Niagara International Airport to Chicago O’Hare International Airport. After the aircraft’s doors were closed, and while the aircraft was preparing to depart, McKnight made her way to the front of the aircraft and engaged in a verbal altercation with one passenger, then spat on another passenger. As a result, the aircraft was required to return to the gate. McKnight then attempted to exit the aircraft as it was in motion on the ground, pushing a flight attendant in the process who had attempted to prevent her from opening an aircraft door. McKnight was able to open an aircraft door, which deployed the aircraft’s emergency slide, and exited the aircraft.
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 Niagara Frontier Transportation Authority Police, under the direction of Chief Brian Patterson.
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Rochester Man Who Fled Police Going to Prison on Gun ConvictionRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Massey, 32, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to serve 46 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that Massey was previously convicted of multiple felonies in 2012 and 2013 and is legally prohibited from possessing a firearm and ammunition. On July 30, 2022, as Rochester Police officers attempted to initiate a traffic stop on the vehicle Massey was driving, Massey crashed the vehicle at the corner of Perkins Avenue and Norran Drive. Massey then exited the vehicle and fled on foot but was apprehended after a foot chase. Officers saw, in plain view on the driver’s side floorboard of the vehicle, a loaded 9mm pistol.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The sentencing is the culmination of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John Devito.
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