Western District of New York
Press releases recorded for this federal judicial district.
Rochester Man Charged with Being A Felon in Possession of AmmunitionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Raymond G. Girard, 34, of Rochester, NY, was charged by criminal complaint with being a felon in possession of ammunition, which carries a maximum penalty of 15 years in prison.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, the Monroe County Sheriff's Office and the New York State Police have had ongoing investigations into Girard stemming from a death threat he allegedly made against a Monroe County Politician in early January 2023 and for possession of stolen property and identity theft. This resulted in Girard being charged with Making a Terroristic Threat.
On the afternoon of January 14, 2023, the Monroe County Sheriff’s Office took Girard into custody as he exited his Hudson Avenue residence in Rochester. New York State Police Investigators then executed a search warrant on the residence, during which they seized multiple rounds of live and spent ammunition. In June 2016, Girard was convicted in Monroe County Court of Attempted Criminal Possession of a Weapon 2nd and is legally prohibited from possessing ammunition.
The complaint is the result of an investigation by the Monroe County Sheriff's Office, under the direction of Sheriff Todd Baxter, the New York State Police, under the direction of Major Brian Ratajczak, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Kenmore Man Pleads Guilty to Mail Fraud and Tax EvasionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Michael MacPherson, 56, of Kenmore, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to mail fraud and tax evasion. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that in January 2017, MacPherson solicited an individual from Kansas to invest in a bulk cigarette deal, telling the individual that he had an agreement with a Native American tribe in New York State to purchase cigarettes at a discounted rate and resell them at a significant markup. MacPherson claimed that, in exchange for a $75,000 investment, the individual would receive a 15-20% return within 90 to 120 days. The individual sent MacPherson a check made payable to Paget Trust, LLC, the company through which MacPherson primarily operated his business activities. MacPherson, however, did not buy cigarettes, instead spending the money on payments to the Niagara Falls Country Club and Canisius High School, airline flights, hotels, car rental, utilities, retail purchases, gas, clothing, groceries, restaurants, and other merchants.
In December 2017, MacPherson contacted the individual again to solicit a $20,000 investment for the purchase of carbon fiber, representing that the individual would receive his principal investment, in addition to a 30% return, within 180 days. The individual sent MacPherson a check for $20,000, made payable once again to Paget Trust, LLC. Once again, MacPherson did not use the money as stated, instead using it to pay a defaulted business loan, cash withdrawals, airline flights, car rental, utilities, retail purchases, gas, groceries, restaurants, hockey tickets, and other merchants.
In addition, between 2015 and April 15, 2019, MacPherson attempted to evade income taxes for calendar years 2015 and 2017. For tax year 2015, he failed to file a federal income tax return despite receiving gross income totaling approximately $265,254, including approximately $232,500 from a second individual. Once again, MacPherson used the money on personal expenses. For the 2017 tax year, MacPherson omitted approximately $80,156 in gross business receipts. The amount of tax loss to the United States is $93,815.00.
The plea 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, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso.
Sentencing is scheduled for May 25, 2023, before Judge Arcara.
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Hilton Man Going to Prison for CyberstalkingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David Guest, 25, of Hilton, NY, who was convicted of cyberstalking, was sentenced to 27 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in 2019, Guest began threatening and harassing an acquaintance (victim) through various social media accounts. Guest posted nude photographs of the victim to various porn websites with the victim’s full name and sent nude photographs of the victim to the victim’s family members, colleagues, former classmates, and friends. Guest also used fake online accounts in an attempt to extort the victim into producing additional sexually explicit content. As a result of Guest’s conduct, the victim suffered extreme emotional distress.
The sentencing is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox.# # # #
Buffalo Man Sentenced for Defrauding MedicaidRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Saleh Mozeb, 67, of Buffalo, NY, who was convicted of health care fraud, was sentenced to serve one year probation, and pay restitution totaling $12,619.12 by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney John D. Fabian, who handled the case, stated that Mozeb was a one-third owner in, and a driver for, Great Lake Transportation, which offered transportation services to Medicaid recipients. Between September 2016, and December 31, 2020, drivers for Great Lake Transportation, including Mozeb, submitted false and fraudulent attestation records to Medical Answering Service, a Medicaid transportation management company that scheduled transportation services for Medicaid recipients. Mozeb claimed that covered transportation services had been provided to Medicaid recipients, when in truth and in fact, no such transportation services had been provided.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox; the New York State Medicaid Fraud Control Unit, under the direction of New York State Attorney General Letitia James; the New York State Police, Special Investigation Unit, under the direction of Major Eugene Staniszewski; the New York State Department of Financial Services, under the direction of Superintendent Adrienne Harris; the New York State Office of Inspector General, under the direction of Inspector General Lucy Lang; the New York State Comptroller’s Office, under the direction of Thomas DiNapoli, and U.S. Border Patrol, under the direction of Chief Patrol Agent Buffalo Sector Thomas G. Martin.
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Buffalo Man Going to Prison on Fentanyl ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Sherron Kye, 39, of Buffalo, NY, who was convicted of possession with intent to distribute fentanyl and 4-ANPP, was sentenced to serve 40 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on March 5, 2020, Buffalo Police and the Erie County Sheriff's Office arrived at a residence on Mills Street in Buffalo to execute a search warrant, at which time they observed Kye and co-defendant Torrance Bailey walking on the street. Recognizing law enforcement, Kye and Bailey attempted to flee. Bailey threw a set of keys prior to being taken into custody and Kye was observed discarding a bag as he attempted to enter a parked vehicle on Mills Street. Both the keys and bag were recovered. One of the keys fit the lock at the target residence of the search warrant, while the bag contained suspected fentanyl. Both men were arrested. During the execution of the search warrant, investigators recovered approximately five ounces of suspected fentanyl, a hydraulic press with suspected fentanyl residue, a metal press with suspected fentanyl residue, a digital scale with suspected fentanyl residue, and packaging material for narcotics distribution.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Chief Joseph Gramaglia, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Rochester Man Who Fled Police Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Massey, 32, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to possession of firearm by a convicted felon, which carries a maximum penalty of 15 years in prison and a fine of $250,000.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling 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 plea 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.
Sentencing is scheduled for May 22, 2023, before Judge Wolford.
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Man Who Produced Child Pornography Going to Prison for 26 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Carlton Nemec, 50, who was convicted of production of child pornography and possession of child pornography involving a prepubescent minor, was sentenced to serve 26 years in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between July 2013, and July 2017, Nemec coerced a minor, Victim 1, to engage in sexually explicit conduct from the time she was 8 years old to 12 years old. Investigators located numerous sexually explicit images created by Nemec saved on electronic devices that were seized from his residence. In addition, Nemec possessed more than 600 images containing child pornography on several of the electronic devices seized. Some of the images involved prepubescent minors and contained depictions of violence.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.# # # #
Kenmore Man Pleads Guilty to Fentanyl ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Devon Clark a/k/a Booski, 33, of Kenmore, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 40 grams or more of fentanyl, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on November 13, 2019, officers from the Kenmore and Lackawanna Police Departments executed a search warrant at Clark’s residence on West Hazeltine in Kenmore, NY, looking for evidence of narcotics trafficking. During the execution of the search warrant at the residence and of Clark’s vehicle, officers seized quantities of cocaine, crack cocaine, and fentanyl, two digital scales, drug packaging materials, and approximately $3,220 in cash. On January 16, 2020, the Erie County Sheriff’s Department executed search warrants at two residences on Holmes Street in Buffalo, NY, which were associated with Clark. Law enforcement recovered a small amount of marijuana, ammunition, and drug paraphernalia.
The plea is the result of an investigation by the Kenmore Police Department, under the direction of Chief Thomas J. Phillips, the Lackawanna Police Department, under the direction of Chief Mark Packard, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Sentencing is scheduled for June 8, 2023, at 11:30 a.m. before Judge Arcara.
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Getzville Man Going to Prison for Threatening to Kill Police OfficersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Benjamin Bolton, 38, of Getzville, NY, who was convicted of using social media to threaten to kill Amherst Police officers, was sentenced to serve 33 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on March 18, 2022, Amherst, NY, police officers responded to reports of a male carrying a rifle in the vicinity of Sweet Home Road, near the nature view parking lot. The complainant told officers that she saw the male, later identified as Bolton, place the rifle in the trunk of a Black Toyota Corolla. Officers located the vehicle in the area, but it was unoccupied. A few hours later, officers observed Bolton exiting the woods with a suspected long gun. Bolton told officers it was a BB gun, which the officers verified that it was. Officers then advised Bolton the town ordinance that individuals are prohibited from carrying firearms in certain areas of the township, and Bolton left the area.
On April 8, 2022, Amherst officers responded to a Starbucks on Transit Road, for a menacing call. The victim stated that a black Toyota Corolla had “cut off” the victim as they were trying to enter the drive thru. As the victim attempted to drive around the vehicle, the victim saw the Corolla’s driver pointing what appeared to be a handgun out of the window and at the victim. The victim then fled the area and called 911. Officers located and stopped the black Toyota Corolla in the vicinity of Dodge and Glen Oak Roads. Bolton was taken into custody by Amherst Police Officers.
On April 10, 2022, Bolton posted communications on his Instagram and Twitter accounts, threatening members of the Amherst Police Department. On his Instagram account, Bolton posted, “Fictionally speaking, it’s time to kill a bunch of Amherst cops in front of their families.” Another post on the same day, which included a picture of Amherst Police Headquarters, read, “fictionally speaking, it’s time for this building to be blown up with all the cops and judges inside.” Bolton also posted a similar message on his Twitter account.
The sentencing is a result of an investigation by the Amherst Police Department, under the direction of Chief Scott P. Chamberlin, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
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NYSP Sergeant Charged with Tipping Off Targets of Gambling InvestigationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, NY--U.S. Attorney Trini E. Ross announced today that Thomas J. Loewke, 51, of Rochester, NY, was arrested and charged by criminal complaint with obstruction of a state or local law enforcement investigation and obstruction of an official proceeding. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in October of 2020, Homeland Security Investigations joined an ongoing joint federal, state, and local law enforcement investigation into illegal gambling businesses. One of the businesses was an illegal bookmaking operation, which was managed through accounts on the website sport700.com. Multiple members of the business had access to the website in order to manage and operate the business, violating multiple New York State laws.
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. Investigators also monitored accounts on sport700.com.
On January 3, 2021, a search warrant was executed on one account belonging to an individual identified as Target 1 of the investigation. A review of the account indicated that Target 1 had 16 sub-agents, who collectively managed 221 individual bettor accounts. Throughout the duration of the account, April 25, 2019, through January 3, 2021, Target 1 generated $1,241,172 in gambling profits. In February 2021, a search warrant was executed on an account belonging to a second target (Target 2) of the investigation. Target 2’s account was created on April 25, 2016, had 128 sub-agent accounts managing 1,789 individual bettors, and profits totaling $8,945,629.
During the investigation, investigators overheard a phone call between Target 1 and Target 2, during which Target 1 said that a member of the New York State Troopers named “TJ” had tipped him off to the ongoing investigation. The Targets then discussed changing the passwords and domain name of the website and erasing the betting history in order to avoid detection. At the time, Loewke was a Sergeant with the New York State Police.
Subsequent investigation determined that, on December 17, 2020, a uniformed New York State Trooper performing maintenance on the computer of an NYSP Senior Investigator involved in the investigation observed a draft affidavit, which included Target 1’s name in plain view at the top of the document. Access to the Senior Investigator’s office was controlled by a swipe card system. Records indicate that on December 17, 2020, the Trooper accessed the office three times in the morning. A review of the Trooper’s cell phone shows that during those times, the Trooper sent an outgoing text message and made two calls to a cellular phone number registered to Loewke. Two additional calls were made to Loekwe’s cell phone that afternoon. The text message stated “Call me ASAP.” The Trooper subsequently confirmed that he had disclosed the existence of the investigation to Loewke. A search of Loewke’s phone also uncovered evidence that he engaged in illegal sports betting by placing numerous bets with another individual.
Loewke made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on conditions.
The criminal complaint 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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Jamestown Woman Pleads Guilty for Her Role in Selling Fentanyl That Led to A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Alisha Centi, 28, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between March 2020, and June 2021, Centi and co-defendant Garson Butcher conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Centi and Butcher sold fentanyl which resulted in the death of an individual identified as T.R. On September 28, 2020, Centi and Butcher sold heroin to an individual identified as K.K., who overdosed but regained consciousness after receiving multiple doses of Narcan. In addition, Centi and Butcher used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine.
Butcher was previously convicted and is awaiting sentencing.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone.
Sentencing is scheduled for June 30, 2023, at 10:00 a.m. before Judge Sinatra.
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Downstate Man Sentenced for Trafficking in Prohibited WildlifeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jose A. Der, Jr., 50, of Brooklyn, NY, who was convicted of trafficking in prohibited wildlife, was sentenced to serve two years’ probation and a $10,000 fine payable to the Lacey Act Reward fund by U. S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Aaron J. Mango, who handled the case state that in November 2016, Der owned a business, Der Dau Custom Made Boots & Shoes, Inc., in Brooklyn, NY. Der used Der Dau’s corporate delivery account to have four shipments of custom-made boots imported from Canada at the Peace Bridge Port of Entry. The shipments contained nine pairs of boots trimmed with exotic wildlife skins, including stingray, crocodile, python, and monitor lizard. The boots, which were being returned to Der for alteration and/or repair but were intercepted and inspected at the border and subsequently seized by the U.S. Fish and Wildlife Service (USFWS). The boots were not declared to USFWS and no required permits accompanied the shipments. The seized boots were valued at approximately $20,593. The investigation determined that following the boot seizures, Der replaced the Canadian customer’s boots but did not declare the replacement boots to USFWS or obtain permits. Between 2015 and 2020, 48 additional pairs of custom-made boots comprised with exotic wildlife leathers were shipped in international commerce by Der to customers. Der did not file a declaration with USFWS or obtained permits. The value of the custom boots which were unlawfully shipped in international commerce is $129,361.
The sentencing is the culmination of an investigation by the United States Fish and Wildlife Service, under the direction of Ryan Noel, Special Agent-in-Charge of the USFWS-Office of Law Enforcement North-Atlantic Appalachian Region, the New York State Department of Environmental Conservation, and Environment and Climate Change Canada, under the direction of Robert Baxter, Operations Manager, Wildlife Enforcement Directorates Major Case Unit, Ontario Region.
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Buffalo Man Going to Prison for Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Nikita Burt, 39, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, crack cocaine, was sentenced to serve 21 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between October 2021, and January 12, 2022, Burt supplied crack cocaine to co-defendant David Garrett, who then sold the cocaine to an individual working with the Drug Enforcement Administration (DEA). Between November and December 2021, the DEA conducted three controlled purchases of cocaine from David Garrett. On January 12, 2022, DEA agents executed search warrants on Burt’s vehicle and his Mortimer Street residence, which agents believed he was utilizing as a location to store drugs. During the search of Burt’s vehicle, they recovered $2,334 in cash. During the search of Burt’s Mortimer residence, agents recovered three defaced handguns. One of the handguns was linked to Burt through DNA analysis.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Rochester Woman Pleads Guilty to Assaulting Two People on an AirplaneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cynthia McKnight, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to two counts of simple assault in the special aircraft jurisdiction of the United States, which each carry a maximum penalty of six months in prison and a $5,000 fine.
Assistant U.S. Attorneys John D. Fabian and Charles M. Kruly, who are handling 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 plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury and the Niagara Frontier Transportation Authority Police, under the direction of Chief Brian Patterson.
Sentencing is scheduled for May 16, 2023, before Judge Vilardo.
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Niagara Falls Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Lazarus R. Hayes, 33, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of a firearm in furtherance of drug trafficking, which carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on June 19, 2021, the Niagara Falls Police Narcotics Unit and Niagara County Drug Task Force executed a search warrant at Hayes’s Pierce Avenue residence. During the search, they recovered from a bag belonging to co-defendant Gerald Harper approximately 93 grams of cocaine, 9 grams of fentanyl, 26 grams of amphetamine, 245 milligrams of hydrocodone, and 720 milligrams of oxycodone. In addition, within Hayes’s residence, investigators seized approximately 8 grams of cocaine, 20 clonazepam tablets, a digital scale, two loaded firearms, $3,958 in cash, which is proceeds of drug trafficking activities.
Gerald Harper was previously convicted and is awaiting sentencing.The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent John Faso, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.
Sentencing is scheduled for May 9, 2023, at 2:00 p.m. before Judge Sinatra.
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Niagara Falls Man Going to Prison for 28 Years for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jonathon Cassatt, 36, of Niagara Falls, NY, who was convicted of production of child pornography, was sentenced to serve 28 years in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Cassatt repeatedly sexually abused a child between the ages of 12 and 14 years old. The sexual abuse was reported to the Niagara Falls Police Department, which obtained a search warrant for Cassatt’s cell phone. During a search of the cell phone, images of the ongoing abuse were recovered. In addition, other images of child pornography that Cassatt had downloaded from the internet were also discovered on the cell phone.
The sentencing is the result of a coordinated investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti, and the Niagara Falls Police Department, under the direction of Superintendent John Faso.
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Jamestown Man Faces Mandatory 10 Years in Prison After Pleading Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Douglas Beardsley, 38, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine and being a felon in possession of firearms. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that 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 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 May 30, 2023, before Judge Arcara.
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Fentanyl Dealer Going to Prison for 12 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Marcus White, 40, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, was sentenced to serve 144 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Matthew McGrath, who handled the case, stated that in October 2021, the Monroe County Sheriff’s Office, Homeland Security Investigations, and the Greater Rochester Area Narcotics Enforcement Team (GRANET), began investigating the drug trafficking activities of White, after learning that he sold fentanyl to an individual who later overdosed and died. In November 2021, investigators executed a search warrant at White’s residence on Pollard Avenue in Rochester, seizing quantities of narcotics and drug trafficking paraphernalia.
The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, 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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Canadian Man Pleads Guilty to Illegally Bringing an Alien to the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Edwin Ramirez-Cordones a/k/a El Fuerte, 46, of Ontario Canada, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to bringing an alien to the United States at a place other than a designated port of entry, which carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in May 2019, while in Ontario, Canada, Ramirez-Cordones launched a boat into the Niagara River with two individuals on board that he knew were not citizens or nationals of the United States: Leonardo Jiminez-De La Rosa and Rita Leida Montes Farfan. Ramirez-Cordones navigated the boat across the Niagara River to the United States, and landed at a dock in Lewiston, NY, although he knew the dock was not a designated port of entry. After the aliens disembarked from the boat at the dock, Ramirez-Cordones returned to Ontario, Canada. Ramirez-Cordones was to be paid $8,500 for bringing the aliens to the United States.
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 May 19, 2023, before Judge Vilardo.
Buffalo Man Going to Prison for Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Anthony Wilson, 35, of Buffalo, NY, who was convicted of aggravated bank robbery and possession of a firearm in furtherance of a crime of violence, was sentenced to serve 66 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on the morning of October 26, 2017, Wilson and co-defendants Adrian D. Applewhite and Khalil Holland, traveled to Angola, NY to rob the Lakeshore Federal Credit Union on Erie Road. Defendant Holland entered the Lakeshore Federal Credit Union wearing a mask and brandishing a semi-automatic pistol given to him by Wilson, while Wilson waited in a car nearby. Holland approached the teller and demanded money; however, the alarm was activated, and Holland left without taking any money. Holland fled on foot and was arrested shortly thereafter. During the pursuit, Holland discarded the pistol.
Defendant Applewhite was previously convicted in federal court and is awaiting sentencing. Defendant Holland was previously convicted and sentenced in New York State Court.
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 Acting Special Agent-in-Charge Michael Stansbury; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Douglas J. Czora; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger. Additional assistance was provided by the Erie County District Attorney’s Office.
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North Tonawanda Man Going Back to Prison for COVID-19 Relief Fraud and Violating Supervised ReleaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Kornaker, 52, of North Tonawanda, NY, who was convicted of wire fraud and violation of supervised release, was sentenced to serve 28 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that between June and August 2020, shortly after being released on supervised release from federal prison following a prior fraud conviction, Kornaker fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso.
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Mail Carrier Pleads Guilty to Stealing Cash, Checks, and Other Items from the MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that John Wiedenhofer, Jr., 49, of Fredonia, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to theft of mail by a postal employee, which carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that between September 2020, and February 2021, Wiedenhofer, while employed as a carrier by the United States Postal Service in Dunkirk, NY, stole mail. The USPS began an investigation involving the defendant after receiving complaints of missing mail items and opened and rifled packages from USPS customers, whose addresses were located on Wiedenhofer’s delivery route. Wiedenhofer admits to stealing various items including cash, checks, trading cards, gift cards, and clothing items. Evidence of these items were recovered by the United States Postal Service Office of Inspector General from Wiedenhofer’s personal residence and vehicle.
The plea is the result of an investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Matthew Modafferi.
Sentencing is scheduled for April 25, 2023, before Judge Sinatra.
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Lockport Man Going to Jail for Threatening to Kill the President, A Judge, His Wife, and A Secret Service AgentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Jared Marc Brown, 26, of Lockport, NY, who was convicted of making a threat against the president, retaliating against a United States judge, retaliating against a federal law enforcement officer, and mailing three threatening communications, was sentenced to serve 10 years in prison by U.S. District Judge Brenda K. Sannes.
Assistant U.S. Attorney Katelyn M. Hartford, who are handling the case, stated that on March 25, 2019, Brown sent a letter to a United States Secret Service Special Agent stating, “I’m [ ] gonna kill Donald Trump with Anthrax when I get out.” Also on March 25, 2019, Brown threatened to assault and murder United States District Judge Lawrence J. Vilardo, his spouse, and a United States Secret Service Special Agent. Brown made the threats in retaliation for an earlier prosecution by this office. Judge Vilardo presided over that case, and the Secret Service Special Agent conducted the investigation. Additionally, on July 11, 2019, and again on November 1, 2019, Brown mailed further threatening letters, including one that purported to contain anthrax.
The sentencing is the result of an investigation by the United States Secret Service, under the direction Special Agent-in-Charge Jeffrey Burr.
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Jamestown Woman Going to Prison on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Loegan Morrison Samples, 24, Jamestown, NY, who was convicted of maintaining a drug-involved premises, was sentenced to serve 60 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 April 2019, the Jamestown Metro Drug Task Force executed a search warrant at Samples’ residence on Partridge Street, during which investigators recovered methamphetamine, small amounts of cocaine and marijuana, a shotgun, a stun gun, and drug paraphernalia. Samples sold methamphetamine for boyfriend and co-defendant Jacob Komenda and maintained the premises on Partridge Street for drug trafficking. In September 2019, investigators executed a second search warrant at a new residence in Jamestown that Samples shared with Komenda, seizing $3,182 in cash, methamphetamine, and various drug paraphernalia.
Jacob Komenda was previously convicted and is awaiting sentencing.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the 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 Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.
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Jamestown Man Pleads Guilty to Meth ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Justin Brooks, 33, Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on February 8, 2021, Jamestown Police officers responded to Brooks’ residence on Bush Street for a report of a possible assault and initiated an investigation into a burglary/assault. Subsequently, officers executed a search warrant at Brooks’ residence and recovered suspected marijuana, $6,500, scales, packaging material, a sword, and approximately 357 grams of methamphetamine.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
Sentencing is scheduled for June 20, 2023, at 10:00 a.m. before Judge Sinatra.
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Erie, PA Man Indicted on Multiple Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a three-count indictment charging Tristin Pearson, 26, of Erie, PA, with production, distribution, and possession of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that between January 1 and March 27, 2018, Pearson coerced a minor female victim to engage in a sexual relationship. Pearson used his cellular telephone to record videos of their sexual acts and then sent the recorded videos to others without the victim’s knowledge.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Rochester Man Going to Prison for More Than 20 Years for His Role in Ponzi and COVID-19 Fraud SchemesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY--Christopher A. Parris, 42, formerly of Rochester, NY, and currently of Lawrenceville, Georgia, who was convicted of conspiracy to commit mail fraud related to a Ponzi scheme, as well as to wire fraud involving the fraudulent sale of purported N95 masks during the pandemic, was sentenced to serve 244 months in prison by U.S. District Judge Frank P. Geraci, Jr. Parris was also ordered to pay approximately $106-million dollars in restitution.
“The schemes for which this defendant was sentenced, including the purported sale of non-existent medical supplies during the pandemic were outrageous,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with its law enforcement partners to prosecute those responsible for these types of fraud.”
“Christopher Parris, and his co-defendant Perry Santillo, engaged in an elaborate scheme to defraud hundreds of victims out of approximately $115 million dollars,” stated U.S. Attorney Ross. “These defendants went to great lengths to perpetuate their fraud and did so over a substantial period of time. This office, along with our law enforcement partners, committed significant resources to investigate this scheme, resulting in the prosecution of both Christopher Parris and Perry Santillo, who have now been sentenced to substantial periods of incarceration for victimizing their innocent clients in this Ponzi scheme. In addition, defendant Parris was also convicted for his part in a COVID-19 fraud scheme, during which he obtained approximately $7.4 million dollars by falsely purporting to have N95 masks, made in the United States, that he could sale to various medical companies, including the VA hospital, during the height of the pandemic.”
“Defrauding the citizens and companies of this great country will not be tolerated in our society. Individuals who participate in this type of fraudulent activity will be investigate and prosecuted to the fullest extent of the law.” “This defendant exploited a situation like none other in our recent history,” said U. S. Attorney for the District of Columbia Matthew M. Graves. “Fraud like this, playing off fears during a pandemic, merits a significant sentence, as the court imposed today. This sentence should be a warning to anyone who thinks they can get away with ripping off the government or others during a crisis.”
“Mr. Parris’ conduct was deceptive and manipulative, ultimately defrauding consumers out of hundreds of millions of dollars,” stated Michael Stansbury, Acting Special Agent in Charge of the Buffalo FBI Office. “This example of blatant greed is an affront to every hard-working taxpayer. Scammers are trying everything they can to defraud people of their hard-earned money, but the FBI is doing everything we can to make sure they don’t succeed. Today’s sentencing is further commitment that we will continue to work with our partners to protect the financial well-being of honest, hard-working Americans.”
“Today’s sentencing should give clear warning that the U.S. Postal Inspection Service will aggressively investigate and seek prosecution of individuals like Christopher Parris, who swindled investors out of their retirement savings and created financial devastation for so many victims,” said Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “We will continue to support and collaborate with our federal law enforcement partners to stop those who are engaged in these types of schemes.”
“It seems Paris’ multi-million-dollar Ponzi scheme to defraud investors out of their hard-earned cash was not enough, so he turned his attention to a multi-million-dollar COVID fraud scheme. There were no boundaries in Paris’ cons, and no one person was safe as long as he was lining his pockets with their money. Now, with today’s sentencing, Paris will face justice; putting his scamming days behind him as he spends his time behind bars,” said Thomas M. Fattorusso, Special Agent in Charge of IRS-CI New York.
“The pandemic and subsequent distribution of billions of dollars in relief funds created novel opportunities for bad actors and left VA vulnerable to various fraud schemes. The vigilance and agility of our agents helped our office prevent the government and taxpayers from being defrauded of hundreds of millions of dollars,” said VA Inspector General Michael J. Missal. “We will remain proactive in looking at high-risk areas and work with our law enforcement partners to stop these schemes before it is too late.”
“Homeland Security Investigations special agents have sworn an oath to protect the American public, which they continued to uphold during the global health crisis. Our agents quickly reacted to protect Americans from opportunistic individuals who exploited a public health crisis to harm and deceive others for their own profit,” said HSI New Orleans Special Agent in Charge David Denton. “This sentencing is a gratifying outcome for HSI and our law enforcement partners who were at the forefront of the government’s investigation response to COVID-19-related crime.”
The Ponzi Scheme
Between January 2011 and June 2018, Parris conspired with co-defendant Perry Santillo and others to obtain money through an investment fraud, commonly known as a Ponzi scheme. Specifically, in 2007, Parris and Santillo, as equal partners, formed a business known as Lucian Development in Rochester. Prior to approximately July 2007, Lucian Development raised millions of dollars from investors in Rochester, and elsewhere, by soliciting investments for City Capital Corporation, a business operated by Ephren Taylor. In July 2007, Parris and Santillo were advised by Ephren Taylor that their investors’ money had been lost. In response, in August 2007, Parris and Santillo agreed to acquire the assets and debts of City Capital Corporation. The acquisition proved financially ruinous, with the amount of the acquired debt far exceeding the value of the acquired assets. Taylor was later prosecuted and convicted of operating a Ponzi scheme.
Subsequently, Parris and Santillo chose not to disclose the truth to investors that their money, entrusted to Lucian Development for investment in City Capital Corporation, was gone. Instead, Parris and Santillo continued to solicit ever-increasing amounts of money from new investors in an unsuccessful attempt to recoup the losses. In order to find potential investors to solicit and defraud, Parris and Santillo purchased businesses from established investment advisors or brokers who were looking to exit their businesses. Between approximately 2008 and September 2017, Parris and Santillo, using money obtained from prior investors, purchased the businesses of at least 15 investment advisors or brokers, located in Tennessee, Ohio, Minnesota, Nevada, California (five businesses), Florida, South Carolina (two businesses), Texas, Pennsylvania, Maryland and Indiana.
The investment offerings pitched by Parris and Santillo consisted principally of unsecured promissory notes and preferred stock issued by various entities controlled by Parris and Santillo. Potential investors were offered an apparent array of investment options to create the illusion of a diversified investment portfolio. Those investment options included products issued by purported issuers such as First Nationle Solutions (FNS), Percipience Global Corporation, United RL Capital Services, Boyles America, Middlebury Development Corporation and NexMedical Solutions, among others. None of these issuers had substantial bona fide business operations or used investor money in the manner and for the purposes represented to investors. To the extent that an issuer may have had some minor legitimate business activities, it was not profitable, and insufficient revenues were generated to pay investors any returns (let alone return the principal amounts of their investments).
Over the years, to keep the Ponzi scheme from being detected, a substantial portion of incoming new investor monies were depleted by making promised interest and other payments to earlier investors. Most of the rest of incoming investor money was used by Parris, Santillo and other co-conspirators to finance lavish lifestyles of the conspirators, their families and associates; to expand the scheme by purchasing investment advisor/brokerage businesses to obtain access to fresh investors; and to pay operating expenses – salaries for a sales force and administrative staff, office rents and related expenses, housing for employees, and interest on loans – all of which were used to keep the scheme going and maintain a façade of legitimate business operations.
Very little investor money was deployed in productive investments, and when so deployed, the investments yielded meager income and were not profitable, or failed altogether. The Ponzi scheme was headquartered and based out of locations in Rochester, with a number of satellite offices around the country. Administrative and banking functions were largely performed out of Rochester. The conspiracy employed a variety of salespeople, including Parris and Santillo, who traveled around the country to meet with and solicit new investors.
Between January 2012 and June 19, 2018, Parris and Santillo obtained at least $115.5 million from approximately 1,000 investors. By the time the scheme collapsed in late-2017/early 2018, Parris and Santillo, doing business through an array of corporate entities, had returned approximately $44.8 million to investors as part of their scheme, but continued to owe investors approximately $70.7 million in principal.
Among the Rochester area victims of the Ponzi scheme were the following:
• A resident of Webster, New York, who held a total asset value of $94,341.89 with a fictitious company known as First Nationle Solutions (FNS), which, as of Dec. 31, 2017, was in fact worthless or close to worthless; and
• A resident of Victor, New York, and his wife, who invested approximately $221,758.67 with FNS and Middlebury Development. The couple received three payments of $2,500 but lost approximately $214,258.67.Parris and Santillo controlled hundreds of different business bank accounts opened under numerous different business names at various financial institutions, including but not limited to Bank of America, Citizens Bank, Genesee Regional Bank and ESL Federal Credit Union. Santillo and Parris directed and authorized the transactions that occurred in the accounts, including deposits, withdrawals, check writing and funds transfers. The various bank accounts were used to transfer money from one account to another. Incoming investor money was routinely transferred through several accounts before the funds were finally spent on whatever purpose Parris and/or Santillo authorized. By moving investors’ funds through various accounts in various entity names, Parris and Santillo were able to conceal and obscure the fact that new investor money was being used to repay earlier investors, finance the operations of the Ponzi scheme, and fund their lifestyles.
Santillo was previously convicted and sentenced to serve 210 months in prison.
The COVID-19 Fraud Scheme
Parris also pleaded guilty in a case originally charged in the U.S. District Court for the District of Columbia to defrauding the U.S. Department of Veterans’ Affairs (VA), as well as at least eight other victim companies, in a scheme involving personal protection equipment (PPE). Between February and April 10, 2020, the defendant, as the owner and operator of Encore Health Group, a company based in Atlanta, that purported to broker medical equipment, offered to sell scarce PPE, including 3M-brand N95 respirator masks, to various medical supply companies and governmental entities. In these proposals, Parris knowingly misrepresented his access to, and ability to obtain and deliver on time, vast quantities of 3M N95 masks and other PPE. The defendant falsely represented that he was able to obtain 3M N95 masks directly from authorized sources in the United States, when in fact, he had no ready access to 3M factories or 3M N95 masks or other PPE, no proven source of supply, and no track record of procuring and delivering such items.
For example, in March 2021, Parris offered to sell the VA 125 million 3M N95 masks at a cost of $6.45 per mask. In this process, the defendant attempted to obtain an upfront payment of $3.075 million from the VA, even though he knew at the time that he had no access to the promised masks or present ability to deliver the promised masks.
As part of his guilty plea, Parris admitted that, in addition to attempting to defraud the VA, he actually obtained upfront payments totaling approximately $7.4 million from at least eight clients for 3M N95 masks that he knew he had no access to or present ability to obtain or deliver on time. Parris also admitted that the proceeds of the scheme totaled approximately $6,218,525. In total, Parris sought orders in excess of $65 million for the non-existent PPE equipment.
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The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division; the FBI, Buffalo Division, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the IRS, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Jonathan Mellone, Special Agent-in-Charge, New York Region, the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris; the Securities and Exchange Commission; the VA OIG, under the direction of Michael J. Missal, Inspector General, and HSI, under the direction of Special Agent in Charge David Denton of the New Orleans Field Office.
Assistant U.S. Attorney Richard A. Resnick is handling the prosecution in the Western District of New York, and Trial Attorney Patrick Runkle of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Peter Lallas are handling the prosecution in the District of Columbia.
On May 17, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of fraud related to COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Two Men Plead Guilty to Lying About A Murder as Jury Selection in Their Trial Was About to Get UnderwayRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Dartwon Brooks, 29, and Jaemer Smith a/k/a Glizz a/k/a Jack Glizz, 20, both of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. as jury selection was set to begin in their federal trial. Brooks pleaded guilty to criminal contempt and faces a maximum penalty of life in prison. Smith pleaded guilty to obstructing a federal proceeding, obstruction of justice, and making false declarations before a grand jury, which carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Misha A. Coulson, who are handling the case, stated that the defendants provided false information to law enforcement as part of an ongoing investigation into the murder of Renecameren Tucker a/k/a CJ. This false information specifically involved who was responsible for Tucker’s murder. Brooks and Smith pleaded guilty as jury selection was set to begin in their trial.
The pleas are the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
Sentencing for Brooks and Smith is scheduled for April 18, 2023, before Judge Sinatra.
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Six Suspected Niagara Falls Crips Members Indicted on Firearms and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an 18-count indictment charging defendants Cameron Lee, Michael Pryor, Shawn Pryor a/k/a Ghost, Melanie Pryor, Thomas Pryor, and Ahmadja Green with conspiracy to possess with intent to distribute, and distribute, 40 grams or more of fentanyl, heroin, cocaine, and crack cocaine. This charge carries a minimum penalty of five years in prison and a maximum of 40 years, and a $5,000,000 fine. In addition:
• Michael Pryor is charged with four counts of distributing cocaine and/or fentanyl within 1,000 feet of a school or a public housing facility, which carry a maximum penalty of 40 years in prison and a fine of $2,000,000.
• Cameron Lee is charged with possession with intent to distribute 50 grams or more of methamphetamine, fentanyl, and marijuana, being a felon in possession of a firearm and possessing a firearm in furtherance of drug trafficking, which carry a maximum penalty of life in prison, and a $5,000,000 fine.
• Defendant Lee, Melanie Pryor, and Ahmadja Green are also charged with possession of more than 40 grams of fentanyl, heroin, and buprenorphine, which carries a maximum penalty of 40 years in prison and a $5,000,000.Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment, in January 2022, the FBI Safe Streets Task Force, Niagara Falls Police Department, and Niagara County Sheriff's Office began investigating a criminal street gang known as the “Crips,” operating in and around Niagara Falls and Rochester, NY. Lee, Michael Pryor, Shawn Pryor, and Greene were identified as members/associates of the Crips, who conspired to sell crack cocaine, fentanyl, and heroin. Between March and July 2022, investigators conducted seven controlled purchases from the defendants. In addition, between August and October 2022, investigators conducted six controlled purchases from Michael Pryor and between August and September 2022, they conducted three controlled purchases from Shawn Pryor. The investigation also determined that during the conspiracy, Michael Pryor and Shawn Pryor pistol whipped and beat a person believed to be involved in narcotics trafficking.
On October 13, 2022, a search warrant was executed Cameron Lee’s Orleans Avenue residence, during which investigators seized more than 70 grams of heroin and fentanyl, a quantity of buprenorphine, jewelry, three cellular telephones, and approximately $19,000 in United States currency.
The indictment is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Niagara Falls Police Department, under the direction of Chief John Faso, and the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Missouri Man Pleads Guilty to Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Andrew Neal, 22, of Columbia, Missouri, pleaded guilty to receipt of child pornography before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that between July 2018, and November 5, 2020, Neal received and attempted to receive sexually explicit images from three minor victims located in Lancaster, NY, San Francisco, California and Springfield, Missouri. Neal contacted the victims through Instagram and requested the sexually explicit images. If the victims did not comply, Neal threatened to share images previously sent by the victims with their Instagram followers. The victims initially complied but once they stopped, Neal did in fact share images with some of their Instagram followers.
The plea is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Sentencing is scheduled for May 31, 2023, before Judge Skretny.
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Buffalo Man Pleads Guilty to Cocaine and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Luis Miguel Cruz Del Moral, 38, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute cocaine and being a felon in possession of firearms and ammunition. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that in October 2004, Cruz Del Moral was convicted of Attempted Robbery in Puerto Rico and is legally prohibited from possession firearms and ammunition. On September 17, 2021, investigators executed a search warrant at Cruz Del Moral’s Ontario Street residence. During the search, they recovered five firearms and ammunition, and drug paraphernalia. At the same time, a search warrant was also executed at a residence on South Lane in Buffalo, where SWAT Team members encountered Cruz Del Moral. During that search, they recovered a ripped-open plastic bag from a toilet and observed the toilet bowl lined with suspected cocaine. Investigators also recovered a loaded firearm, a quantity of cocaine, two cocaine presses, a digital scale, and $7,111 in U.S. currency. Law enforcement then search Cruz Del Moral’s vehicle and found another firearm, ammunition, and glassine envelopes.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division; the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Michael Stansbury; and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
Sentencing is scheduled for May 22, 2023, at 11:30 a.m. before Judge Arcara.
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U.S. Attorney's Office Announces New Public Procedures to Report Environmental ConcernsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that members of the public who have concerns regarding environmental issues within our community can now report those concerns to the U.S. Attorney’s Office as well as other federal and state agencies.
In making the announcement, U.S. Attorney Ross stated: “Strong and fair enforcement of environmental and public health laws ensures a healthy community for all families to live, learn, play, and work. Your reporting of public health and safety concerns supports environmental protection and environmental justice.”
These environmental concerns can include:
o Air quality
o Water pollution
o Dumping, burying, or burning of chemicals or toxic waste
o Climate Change
o Health
o Workplace conditions
o Wildlife, including pesticide application
o Wetland destruction
o Medications, cosmetics, and biological products
o Oil and chemical spills
o Discriminatory environmental and health impacts caused by recipients of federal funds
To report concerns, contact Environmental Justice Coordinator Aaron J. Mango at (716) 843-5700 or email [email protected].
For more information and a complete listing of reporting agencies, go to: /media/1250996/dl?inline#Environmental%20Justice%20Program.
# # # #North Carolina Man Pleads Guilty to Being A Felon in Possession of A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Michael Alan Jones, 24, of Charlotte, North Carolina, pleaded guilty before U.S. District Judge David G. Larimer to being a felon in possession of a firearm and ammunition, which carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that in February 2019, Jones was convicted in Alamance County, North Carolina, of two felony crimes, and as a result is legally prohibited from possessing firearms and ammunition. On March 19, 2022, in the Town of Leroy, in Genesee County, Jones possessed a semiautomatic rifle and ammunition in a vehicle in the vicinity of Route 33 and Griswold Road and School Road.
The plea is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William Sheron, Jr., and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
Sentencing is scheduled for May 16, 2023, at 2:30 p.m. before Judge Larimer.
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Miami Woman Arrested on Fentanyl Charges Following Traffic Stop in JamestownRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Elina Martinez, 64, of Miami, FL, was arrested and charged by criminal complaint with possession with intent to distribute, and distribute, 400 grams or more of fentanyl. The charge 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 on December 7, 2022, a Jamestown Police Detective requested a uniformed patrol officer to conduct a traffic stop of a vehicle that had committed a number of traffic violations. The vehicle was being driven by Martinez, who produced a Florida driver license, as well as the car rental paperwork for the vehicle. After being stopped, the officer observed Martinez make furtive movements, so he requested that she exit the vehicle. With permission, the officer searched the vehicle and discovered a suspicious powder residue in a suitcase. Two K9 dogs were brought to the scene and each alerted to the presence of “drugs” in the area of the driver’s side and officers found a plastic bag of pills secreted in battery of the car. Following a more extensive search, officers recovered approximately 9 lbs. 13 oz. of blue pills, which field tested positive for the presence of fentanyl.
The seized blue pills labeled “m” “30,” which have an approximate value of approximately $1,300,000, are a counterfeit replica of the authentic M30 Oxycodone tablet. Due to the rash of fatalities attributed to fentanyl overdoses, the DEA has issued a “counterfeit pills fact sheet” attempting to warn the community regarding the dangers of using/abusing these counterfeit drugs.
Martinez was ordered held following a detention hearing before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The complaint is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Chautauqua County Sheriff Office, under the direction of Sheriff James Quattrone, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Roswell Park Nurse Sentenced for Tampering with Medications Intended for PatientsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Kelsey A. Mulvey, 30, of Grand Island, NY, who was convicted of tampering with a consumer product, was sentenced to serve 37 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that between February and June 2018, Mulvey, who worked as a registered nurse at Roswell Park Comprehensive Center, tampered with and stole controlled medications, including Dilaudid, from various medication dispensing machines located throughout the hospital, which tracked and held controlled substances meant for Rowell Park patients. She did so to satisfy her addiction. Mulvey utilized the patient medical record database to search for patients specifically prescribed hydromorphone, because to access the dispensing machine, she had to first access patient profiles. At times, Mulvey would divert vials of controlled medications from the dispensing machine and not administer the medication to any patient.
On June 27, 2018, a scheduled vacation day, Mulvey was observed accessing a dispensing machine, carrying a backpack, and exiting a medication room in which she was not assigned. It was later determined that Mulvey had accessed the drawer for hydromorphone. She was subsequently placed on administrative leave and resigned in lieu of termination.
From June to July 2018, there was a spate of waterborne infections at Roswell Park, during which six patients became ill. An investigation by the hospital concluded that tampering of compounded hydromorphone vials was the cause.
The sentencing is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of Special Agent in Charge Fernando McMillan, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the New York State Department of Education, Office of Professional Discipline, and the New York State Attorney General’s Office, under the direction of Attorney General Letitia James.
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Rochester Man Going to Prison for Planning the Robbery by Gunpoint of A Cell Phone StoreRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney Trini E. Ross announced today that James A. Houston a/k/a Hood, 36, of Rochester, NY, who was convicted of Hobbs Act robbery and brandishing a firearm during a crime of violence, was sentenced to serve 84 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Robert A. Marangola, who handled the case, stated Houston, along with co-defendants Troy L. McCullough, Raekwon D. Fuqua, and others, robbed the AT&T store on E. Ridge Road in Irondequoit on December 3, 2019. Defendant McCullough entered the store wearing a mask and gloves and brandishing and pointing a firearm at a store employee, ordering the employee to open the store safe. McCullough and co-defendant Fuqua then stole approximately 32 cellular phones from the safe and left the store. The telephones were valued at approximately $32,344. James Houston planned the robbery, enlisted others to participate, made arrangements to sell the stolen cell phones, and conducted surveillance outside the store before and during the robbery. The stolen cell phones were recovered at a residence on Champlain Street in Rochester.
McCullough and Fuqua were previously convicted and sentenced to serve 262 months and 64 months in prison respectively.
The sentencing is the culmination of an investigation the Bureau of Alcohol. Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, the Rochester Police Department, under the direction of Chief David Smith and the Irondequoit Police Department, under the direction of Chief Alan Laird.
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Akron Man Going to Prison for 30 Years for Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Joshua A. Schohn, 32, of Akron, NY, who was convicted by a federal jury of two counts of production of child pornography and two counts of possession of child pornography, was sentenced to serve 30 years in prison and 20 years supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Charles M. Kruly, who handled the prosecution of the case, stated that the mother of two girls reported in March 2019, that she had recently discovered child pornography on a laptop computer belonging to her ex-boyfriend, Schohn. In addition, the complainant stated that Schohn took nude videos of her daughters, then eight and six years old (Victim 1 and Victim 2). Schohn was arrested by the New York State Police on charges of assault and possession of a sexual performance by a child.
During the course of the investigation, state and federal investigators determined that Schohn’s laptop contained more than 5,000 images and videos of child pornography. Investigators also learned that, during an October 2018 trip to a water park in Erie, Pennsylvania, Schohn had produced child pornography involving Victims 1 and 2. Schohn admitted to New York State Police Investigators that he had been collecting child pornography for five years.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the New York State Police, under the direction of Major Eugene Staniszewski.
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Three Time Convicted Felon Going to Prison for Possessing A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Ernest Green, a/k/a Fire, 40, of Buffalo, NY, who was convicted following a jury trial of being a felon in possession of a firearm, was sentenced to serve 120 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Michael J. Adler and Timothy C. Lynch, who handled the prosecution of the case, stated that on July 26, 2020, Green was seen on video running in an easterly direction away from the Towne Gardens Housing Complex. This was shortly after a shooting incident occurred in the Housing Complex during which a vehicle crashed into a tree in the middle of the courtyard. The firearm Green possessed was found five blocks east of where the shooting occurred. In November 2004, Green was convicted of a felony in Erie County Court. In October 2010, Green was convicted of a felony in New York State Court. As a result of those convictions, he is legally prohibited from possessing a firearm.
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, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
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Penfield Man Charged with Obstruction of Justice and Lying Under Oath in George Moses InvestigationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Francis Cardinell, 76, of Penfield, NY, was charged by criminal complaint with obstruction of justice and lying under oath. The charges carry a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that George Moses, former chairman of the board of the Rochester Housing Authority, was recently sentenced to serve 78 months in prison for defrauding three organizations, including the Rochester Housing Charities. According to the complaint, in April 2019, Cardinell, owner of Akwasasne Construction, a general contracting firm in Rochester, was interviewed on two separate occasions by the FBI as a witness in connection with the investigation into the fraud allegations against Moses. When asked about a $63,000 contract for boiler work to be performed by his company at the Rochester Housing Charities, Cardinell advised that he paid a cumulative amount of more than $20,000 in cash to Moses as kickbacks related to this contract. During another interview a few weeks later, Cardinell stated that he gave Moses $7,500 in cash out of a payment of $21,800 that he received from the Rochester Housing Charities. In subsequent interviews with the Internal Revenue Service and Housing and Urban Development Office of Inspector General, Cardinell stated that he paid Moses three separate kickbacks totaling $25,000.
However, during the federal trial of George Moses, while under oath on the witness stand, Cardinell testified on cross-examination that he had lied about the kickback scheme and that he never made payments to Gorge Moses in exchange for contracts for his company. Cardinell later told federal investigators that he had fabricated these allegations against Moses because he was spiteful of Moses for the troubles he was having as a contractor.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Department of Housing and Urban Development, Office of Inspector General, under the direction of Acting Special Agent-in-Charge, Jerome Winkle, and Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge.
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 Charity CEO Pleads Guilty to Tax ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jacqueline Mines, 66, of Buffalo, NY, pleaded guilty before U.S. District Magistrate Judge Jeremiah J. McCarthy to a misdemeanor charge of willful failure to file an income tax return, which carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in 2006, Mines founded a charitable organization named Helping Families and Children in America (HFCA), serving as president and CEO between 2006 and continuing through at least 2018. Mines maintained a checking account in the name of HFCA at Citizens Bank. In the calendar year 2018, she used approximately $61,477 from the account to pay personal expenses. In addition, in the calendar year 2018, Mines received $23,001 in Social Security income. As a result, and taking into account the $12,000 standard deduction, Mines’ gross taxable income in 2018 was approximately $72,478.00. However, she failed to file a federal income tax return or pay any federal income tax for the 2018 taxable year. The total amount of tax loss to the United States, including interest and penalties, is $18,842.71.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge.
Sentencing is scheduled for April 5, 2023, before Judge McCarthy.
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Rochester Pawn Shop Owner Going to Prison for Selling Millions of Dollars Worth of Stolen GoodsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Thomas Nary, 40, of Rochester, NY, who was convicted of transportation of stolen goods in interstate commerce, was sentenced to serve 46 months in prison by U.S. District Judge Elizabeth A. Wolford. Nary was also ordered to pay a $3,128,363 money judgment for selling and shipping over $6,000,000 worth of stolen goods.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Nary owned and operated Rochester Pawn & Gold (RPG), a pawnshop located on Dewey Avenue in Rochester. Between January 2015 and November 2019, Nary purchased stolen goods and merchandise from individuals, known as boosters, that he knew were engaged in unlawful shoplifting from Rochester area retail stores. Many of the boosters were addicted to drugs and used the money the money they received from Nary to buy drugs. This resulted in a number of overdoses of the individuals who sold to Nary.
The stolen items were taken from various stores, including Lowes, Home Depot, Target, Walmart, and Wegmans, and then sold to RPG for a fraction of the true retail value. Nary then listed the stolen goods for sale on eBay and Amazon, including to buyers located outside of New York State. The goods were advertised as “New” or “New-In-Box” and priced below retail value, although the price was well in excess of what Nary paid those that stole the items. Nary sold and shipped more than $6,000,000 worth of stolen goods to buyers.
Co-defendants Eric Finnefrock and Ralph Swain, who were both previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief David Smith; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Greece Police Department, under the direction of Chief Michael Wood. Additional assistance was provided by the Monroe County District Attorney’s Office.
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Former Rochester Housing Authority Chair Going to Prison for Fraud, Money Laundering and Lying to the FBIRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that George H. Moses, 53, of Rochester, NY, who was convicted by a federal jury for his role in defrauding three nonprofit organizations; Rochester Housing Charities (RHC), which provides housing to the elderly and disabled; the North East Area Development (NEAD), which assists low-income residents in the northeast quadrant of Rochester; and Quad A for Kids, which provided after-school and extended-day learning programs at some elementary schools in the Rochester City School District, was sentenced to serve 78 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. Moses, who was also the Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), was convicted of mail, wire, and tax fraud, federal program fraud, money laundering, and lying to the FBI.
Assistant U.S. Attorneys Richard A. Resnick, Melissa M. Marangola, and Meghan K. McGuire, who handled the prosecution of the case, stated that Moses used money from the RHC and grant funds earmarked for the community for his own personal use, including to purchase a vehicle, a time share in Florida, a cruise, tickets to a New York Knicks game at Madison Square Garden, health products, car repairs for his family’s vehicles, personal credit card payments, and multiple trips to Canada to visit his girlfriend at the apartment they had in Canada. Moses also paid wages to approximately 17 family members employed by NEAD and RHC.
In addition to defrauding Rochester Housing Charities and the Rochester Housing Authority, Moses was also convicted of:
• Lying to the FBI regarding his hiring of Adam McFadden as a subcontractor for RHC in 2015. McFadden, a former city councilmember, pleaded guilty to defrauding RHC with respect to the subcontract and is awaiting sentencing. Moses concealed the fact that he hired McFadden after McFadden was forced to resign as the Interim Executive Director of the RHA.
• Defrauding the Dormitory Authority of the State of New York (DASNY). As Executive Director of the NEAD, Moses applied for a $125,000 grant for renovation of the Freedom Market, owned by Freedom Community Enterprise Inc., a subsidiary of NEAD. After receiving the grant, Moses and a co-conspirator Shirley Boone tricked DASNY into believing that NEAD paid Freedom Community $45,000 for construction work which never occurred. As a result, DASNY reimbursed NEAD $45,000 to which it was not entitled. Moses used the funds to pay wages to his family members employed by NEAD.
• Filing false tax returns for the years 2014 through 2018. He failed to report income he received from NEAD and the RHC, as well as took false deductions with respect to his wife’s cleaning business and falsely claimed childcare expenses.The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Department of Housing and Urban Development, Office of Inspector General, under the direction of Acting Special Agent-in-Charge, Jerome Winkle, and Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge.
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Rochester Man Charged with Threatening A Board Member of the Rochester Islamic CenterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that William M. Putnam, 53, of Rochester, NY, was charged by criminal complaint with transmitting in interstate commerce communications containing threats to injure another person. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that according to the complaint, on November 21, 2022, a board member of the Islamic Center of Rochester (Victim 1) received a voicemail message, which had been left on November 15, 2022, at approximately 1:23 p.m. Left by a male individual, the message stated: “I'm coming to your office with a few friends, we all have shotguns. We are walking into your front door, and we are going to shoot everybody that’s on the phone in the (expletive) head. How do you like that? That’s what’s going coming your way very soon, you scumbag foreigner (expletives).” A subsequent investigation traced the message to Putnam, who has 12 previous criminal convictions, including two felony convictions and one violent felony conviction. In November 2021, Putnam was the subject of a Mental Health Transport for threatening self-harm.The complaint further states that Victim 1 recognized of photo of Putnam as an individual who had previously visited the Islamic Center and who Victim 1 had interacted with on multiple occasions since 2021. As a result, Putnam was taken into custody by the Rochester Police Department under New York Mental Hygiene Law and transported to Rochester General Hospital for observation.
Putnam made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was held pending a detention hearing on November 29, 2022.
The complaint is the result of an investigation by the Rochester Police department, under the direction of Chief David Smith, the Brighton police Department, under the direction of Chief David Catholdi, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
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.
# # # #Four Defendants Arrested, Charged with Selling Drugs and Guns in the Medina, NY, AreaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that four defendants were arrested and charged in two separate criminal complaints with selling cocaine, fentanyl, methamphetamine and firearms in the Medina, NY, area.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, in October 2021, the Orleans County Major Felony Crime Task Force began investigating the drug trafficking activities of Ebony Shine, 36, of Rochester, NY, Nasir Shine, 20, Emmanual Taylor, 19, and Darrell C. Shine, 37, both of Medina, NY.
According to the complaint against Ebony Shine, Nasir Shine, Emmanual Taylor, between October 2021 and October 2022, the Task Force conducted a total of 14 controlled purchases, to include cocaine and fentanyl, and three firearms. Ebony and Nasir Shine and Emmanual Taylor are charged with conspiracy to possess with intent to distribute, and to distribute, controlled substances, and face a maximum penalty of life in prison.
Darrell C. Shine, 37, of Medina, NY, is charged in a separate complaint with being a felon in possession of a firearm and possession with intent to distribute, and distribution of, a controlled substance, which carry a maximum penalty of 20 years. Between October 2021, and November 2022, investigators conducted six controlled purchases to include methamphetamine, cocaine, and a firearm. In November 2006 and February 2011, Darrell Shine was convicted in Orleans County court of felony drug charges and is legally prohibited from possessing a firearm.
During the course of the investigation and the execution of three search warrants at residences associated with the four defendants, investigators recovered six firearms, including an assault rifle and a tactical shotgun, ammunition, a quantity of cocaine, and drug packaging materials. Investigators also recovered approximately a pound of fentanyl, a half-pound of cocaine and $29,000 in cash, $20,000 of which was for one sale of over ¼ kilogram of fentanyl.
The complaints are the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of the Orleans County District Attorney’s Office and District Attorney Joseph Cardone, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Orleans County Sheriff’s Department, under the direction of Sheriff Christopher Bourke, the Medina Police Department, under the direction of Chief Chad Kenward, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Rochester Police Department, under the direction of Chief David Smith.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Federal Jury Convicts Registered Sex Offender of Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted Charles Porterfield, 37, of Springville, NY, of production of child pornography and committing the offense as a registered sex offender. The charges carry a mandatory penalty of life in prison.
Assistant U.S. Attorneys Jonathan P. Cantil and Paul E. Bonanno, who handled the prosecution of the case, stated that in 2011, Porterfield was convicted in Erie County Court of Engaging in a Course of Sexual Conduct in the 2nd Degree and sentenced to five years in prison and three years post release supervision. Porterfield was also required to register as a sex offender for life. Less than one month after completing his post release supervision, Porterfield paid a 13-year-old girl (Victim) to engage in an online sexual relationship. Porterfield used the Victim to produce images and videos of child pornography.
The verdict is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the Northern York County Regional Police Department.
Sentencing is scheduled for May 23, 2023, before U.S. District Judge Richard J Arcara, who presided over the trial of the case.
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West Falls Man Going to Prison for Child ExploitationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Nicholas Turnquist, 36, of West Falls, NY, who was convicted of transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity, was sentenced to serve 156 months in prison and 15 years supervised release by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Maeve E. Huggins, Paul E. Bonanno, and Jonathan P. Cantil, who handled the case, stated that beginning in 2012, and for several years after, Turnquist sexually abused a minor female victim (Victim) who was known to Turnquist. The sexual abuse occurred in New York State and in other states, including Pennsylvania, and in Canada. For example, on December 23, 2014, Turnquist transported the Victim, a then 16-year-old minor female, from New York to Pennsylvania, to engage in sexual activity.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the East Aurora Police Department, under the direction of Chief Shane Krieger, and the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory Rudolph.
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Tonawanda Man Pleads Guilty to Selling Meth and A Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jason Cartwright, 41, of Tonawanda, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine and possession of firearms in furtherance of drug trafficking, which carry a mandatory minimum penalty of five years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that in October 2021, Cartwright conspired with others to sell methamphetamine. On November 1, 2021, the Lackawanna Police Department and FBI executed a search warrant at Cartwright’s Dunlop Avenue residence. Investigators seized approximately 1.2 kilograms of methamphetamine, five firearms, loaded magazines, three bulletproof vests, three digital scales, a 2021 Chevrolet Traverse, and $48,367 in United States currency.
The plea is the result of an investigation by the Lackawanna Police Department, under the direction of Chief Mark Packard and the Federal Bureau of Investigation, under the direction of Acting Special Sergeant-in-Charge Michael Stansbury.
Sentencing is scheduled for February 8, 2023, at 10:00 a.m. before Judge Sinatra.
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North Chili Man Convicted by A Federal Jury of 37 Counts of COVID Relief FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted Michael Rech, 49, of North Chili, NY, of 37 counts of bank fraud, wire fraud, and money laundering. Each charge carries a maximum penalty of 30 years in prison and a fine of $500,000.
Assistant U.S. Attorneys Meghan K. McGuire and Sean C. Eldridge, who handled the prosecution of the case, stated that Rech was the Director, President, and CEO of Guardian of Humanity, Inc., a nonprofit corporation, as well as the sole member of Eclipse, a limited liability company. Rech applied for eight different Payroll Protection Program loans, fraudulently claiming that Guardian and Eclipse had employees and that he had been paying wages to these employees, which qualified him for the PPP loans. In total, he attempted to obtain over $880,000 in PPP funds. Subsequent investigation revealed that Rech’s companies did not have any employees and did not pay wages to anyone. Rech himself was unemployed and collecting unemployment benefits from the State of New York at the time.Rech received three PPP loans totaling approximately $277,500. Once he received the loans, Rech took the money out of the bank in amounts less than $10,000 to avoid federal reporting requirements. The Internal Revenue Service recovered all of the funds from two safes in Rech’s home and a bank account that Rech had sole control over. As a result of the trial, all $277,500 was forfeited back to the government.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
The verdict is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Small Business Administration.
Sentencing is scheduled for March 27, 2023, at 9:30 a.m. before U.S. District Judge Charles J. Siragusa, who presided over the trial of the case.
# # # #Former Substitute Teacher and Coach Going to Prison for 20 Years on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Steven Gasiorek, 37, of Cheektowaga, NY, who was convicted of receipt of child pornography and possession of child pornography involving a prepubescent minor, was sentenced to serve 20 years in prison and 10 years supervised release by Senior U.S. District Judge Williams M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between March 2014, and April 16, 2019, Gasiorek worked as a substitute teacher and athletic coach at John F. Kennedy Middle and High Schools in Cheektowaga, NY. During that time, Gasiorek pretended to be a teenage girl living in California and used a fictitious Instagram account in the name of LEXIGURL1015 to communicate with numerous minor males and receive child pornography from them. Gasiorek knew the victims he was communicating with were minors, and he served as a teacher or coach to some of the victims he received child pornography from.
On April 16, 2019, during the execution of a search warrant at Gasiorek’s residence, a laptop computer and external hard drive were seized. A forensic examination recovered images and videos of child pornography depicting many minor males, of which 29 have been positively identified. The victims lived in Cheektowaga, Lancaster, Virginia, Texas, and Florida. In total, Gasiorek possessed over 600 images and videos of child pornography.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Cheektowaga Police Department, under the direction of Chief Brian Gould, the West Seneca Police Department, under the direction of Chief Edward Baker, and the Fauquier County, Virginia, Sheriff’s Office, under the direction of Sheriff Jeremy Falls.
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Convicted Felon Going to Prison on New Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jason David Willis, 50, of Gasport, NY, who was convicted of receipt of child pornography following a prior conviction, was sentenced to serve 15 years in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in 2011, Willis was sentenced to serve 132 months in prison following his conviction on a federal child pornography charge. On May 18, 2021, an acquaintance of Willis’ brought his iPhone to the Niagara County Sheriff’s Office and stated that contained child pornography. The following day, on May 19, 2021, a U.S. Probation Officer searched the iPhone and observed two videos in the “recently deleted” folder on the phone that were produced by Willis on October 24 and October 28, 2020. Both videos depicted explicit images of a 17-year-old minor female. Further review of the iPhone revealed internet history for at least one website containing child pornography.
At the time of his second arrest, Willis was on federal supervised release from his previous conviction and a registered sex offender.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Felicetti, and the U.S. Probation Department, under the direction of Chief Probation Officer Timothy C. Englerth.
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