Western District of New York
Press releases recorded for this federal judicial district.
Three Morgan Management Employees Plead Guilty to Bank LarcenyRead 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 Todd Morgan, Frank Giacobbe, and Michael Tremiti pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to bank larceny. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorneys Evan Glaberson and Paul Parisi, who are handling the case, stated that defendants Tremiti and Morgan worked for Morgan Management, LLC., a real estate management company that managed over 100 multi-family properties. Tremiti was the Vice President of Finance and Morgan was a Project Manager. Tremiti and Morgan admitted submitting false documents to the ESL Federal Credit Union to obtain a construction loan. The loan was used to construct Ellison Heights Apartments, a multi-family residential complex in Penfield, NY.
Defendant Giacobbe owned and operated Aurora Capital Advisors, LLC, which brokered loans for borrowers seeking financing for multi-family properties such as apartment complexes. Through Aurora, Giacobbe worked as a mortgage broker on behalf of Morgan Management. Morgan Ellicott Apartments, LLC, was a limited liability company created to purchase a multi-family residential apartment complex located at 221 and 291 William Street in Buffalo, NY, known as Morgan Ellicott Apartments. Morgan Ellicott sought to obtain a loan from Evans Bank. Giacobbe, working with others, submitted documents and information to Evans Bank that overstated the contract purchase price of Morgan Ellicott, falsely represented the obligations associated with Morgan Ellicott, and misrepresented the actual purchase price of the property. Giacobbe also made misrepresentations designed to conceal from Evans Bank that he and others were not using the loan proceeds to purchase or maintain the property as required by the loan agreement.
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.
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U.S. Attorney Ross Appointed to Serve on Attorney General Merrick B. Garland's Advisory CommitteeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – Attorney General Merrick B. Garland today announced the appointment of 12 U.S. Attorneys to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Created in 1973, the AGAC advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies. The first meeting of the AGAC will take place later this spring.
The appointees include U.S. Attorney Trini Ross for the Western District of New York; U.S. Attorney Damian Williams for the Southern District of New York; U.S. Attorney Cindy K. Chung for the Western District of Pennsylvania; U.S. Attorney Darcie McElwee for the District of Maine; U.S. Attorney Sandra Hairston for the Middle District of North Carolina; U.S. Attorney Brandon Brown for the Western District of Louisiana; U.S. Attorney Dawn Ison for the Eastern District of Michigan; U.S. Attorney Gregory Harris for the Central District of Illinois; U.S. Attorney Andrew Luger for the District of Minnesota; U.S. Attorney Gary Restaino for the District of Arizona; U.S. Attorney Cole Finegan for the District of Colorado; and U.S. Attorney Matthew Graves for the District of Columbia. An appointee from a district within the jurisdiction of the Eleventh Circuit of the U.S. Court of Appeals will be announced at a later date, once the Senate has confirmed nominees.
U.S. Attorney Damian Williams will serve as the Chair of the AGAC, and U.S. Attorney Cindy Chung will serve as the Vice Chair.
“These United States Attorneys will represent the views of dedicated federal prosecutors across the country and provide advice and insight into essential matters facing the Department,” said Attorney General Garland. “I look forward to working alongside them in carrying out the Department’s core priorities of upholding the rule of law, keeping our country safe, and protecting civil rights.”
“I am honored to be chosen as a member of the Attorney General’s Advisory Committee,” stated U.S. Attorney Ross. “As a member of this important committee, I look forward to sharing issues, which impact the Western District of New York and the entire Department, with Attorney General Garland and my colleagues. I know that by working collaboratively we will create solutions resulting in safer communities, here in the Western New York and throughout the country.”
A brief bio on each appointee is below:
Trini Ross
The Senate confirmed Trini Ross’s appointment as U.S. Attorney for the Western District of New York in September 2021. Ross began her career as an appellate attorney for the New York Supreme Court. She was an associate at Hiscock & Barclay LLC before joining the Office of Professional Responsibility as assistant counsel. From 1995 to 2018, Ross served as an Assistant U.S. Attorney for the Western District of New York. She has also been an adjunct professor of law at Buffalo Law School. She has also served as director of the investigations for the National Science Foundation Office of Inspector General since 2018. Ross earned a Bachelor of Arts degree from the State University of New York at Fredonia in 1988, a Master of Arts from Rutgers University in 1990, and a Juris Doctor from the University at Buffalo Law School in 1992.Damian Williams (Chair)
The Senate confirmed Damian Williams’ appointment as U.S. Attorney for the Southern District of New York in October 2021. Williams began his legal career as a law clerk to then-Judge Merrick Garland when he served in the U.S. Court of Appeals for the District of Columbia Circuit from 2007 to 2008. Williams then served as a law clerk for Justice John Paul Stevens of the U.S. Supreme Court from 2008 to 2009. From 2009 to 2012, he was a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison. From 2012 to 2021, he served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York. In the role, he served as a chief of the securities and commodities fraud task force from 2018 to 2021. He received his Bachelor of Arts in economics from Harvard University in 2002, a Master of Philosophy in international relations from Emmanuel College at the University of Cambridge in 2003, and a Juris Doctor from Yale Law School in 2007, where he was also an editor of the Yale Law Journal.Cindy K. Chung (Vice Chair)
The Senate confirmed Cindy K. Chung’s appointment as U.S. Attorney for the Western District of Pennsylvania in November 2021. In 2002 and 2003, Chung served as a law clerk for Judge Myron H. Thompson in the Middle District of Alabama. She then joined the New York County District Attorney’s Office in 2003, serving as an assistant district attorney until 2007 and as investigation counsel in the Official Corruption Unit from 2007 to 2009. From 2009 to 2014, Chung served as a trial attorney in the U.S. Department of Justice Civil Rights Division. She later joined the U.S. Attorney’s Office for the Western District of Pennsylvania, serving as deputy chief of the major crimes division. From 2014 to 2021, she served as an Assistant U.S. Attorney. Chung earned a Bachelor of Arts from Yale University in 1997 and a Juris Doctor from Columbia Law School in 2002.Darcie McElwee
The Senate confirmed Darcie McElwee’s appointment as U.S. Attorney for the District of Maine in October 2021. McElwee began her legal career as an assistant district attorney for the Penobscot and Piscataquis counties in Maine from 1998 to 2002. Between 2005 and 2008, McElwee was an adjunct professor of advanced trial advocacy at the University of Maine School of Law. From 2002 to 2021, she served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Maine. Since 2005, she has been the coordinator of Project Safe Neighborhoods. McElwee received her Bachelor of Arts from Bowdoin College in 1995 and her Juris Doctor from the University of Maine School of Law in 1998.Sandra Hairston
The Senate confirmed Sandra Hairston as U.S. Attorney for the Middle District of North Carolina in November 2021. Hairston previously served as an assistant district attorney in Columbus County, North Carolina, from 1987 to 1989 and as a special assistant district attorney in Guilford County, North Carolina from 1989 to 1990. From 1994 to 1996, she served as Chief of the Criminal Division of the U.S. Attorney’s Office for the Eastern District of North Carolina before returning to the Middle District of North Carolina in 1996. She joined the U.S. Attorney’s Office for the Middle District of North Carolina in 1990 as an Assistant U.S. Attorney. Hairston previously held the position of First Assistant U.S. Attorney for the Middle District of North Carolina from 2014 to 2021. From March 1, 2021, until her Senate confirmation, she served as the Acting U.S. Attorney for the Middle District of North Carolina. Hairston received her Bachelor of Arts from the University of North Carolina at Charlotte in 1981 and her Juris Doctor from North Carolina Central University School of Law in 1987.Brandon Brown
The Senate confirmed Brandon Brown as U.S. Attorney for the Western District of Louisiana in December 2021. From 2007 to 2012, Brown served as an assistant prosecuting attorney in the Ouachita Parish District Attorney’s Office. He was also an associate at Hammonds, Sills, Adkins & Guice LLP in Baton Rouge, Louisiana. Since 2012, he has served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Western District of Louisiana. Brown earned a Bachelor of Arts in 2002 and a Master of Business Administration in 2004 from Louisiana Tech University, followed by a Juris Doctor in 2007 from the Southern University Law Center.Dawn Ison
The Senate confirmed Dawn Ison as U.S. Attorney for the Eastern District of Michigan in December 2021. In 1989 and 1990, Ison was a prehearing attorney for the Michigan Court of Appeals. In 2002, Ison began serving as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Eastern District of Michigan. She also served as chief of the Drug Enforcement Task Force Unit. Ison earned a Bachelor of Arts from Spelman College and a Juris Doctor from the Wayne State University Law School.Gregory Harris
The Senate confirmed Gregory Harris as U.S. Attorney for the Central District of Illinois in December 2021. Harris began his career as a lawyer for the Office of the State Appellate Defender in 1976 where he represented indigent criminal defendants on appeal. From 1979 to 1980, he served as legal counsel for the Illinois Governor’s Office of Manpower and Human Development and later as a staff attorney for the Illinois Department of Commerce and Community Development. From 1980 to 1988, he served as an Assistant U.S. Attorney in the U.S Attorney’s Office for the Central District of Illinois. From 1988 to 2001, he was a lawyer for Giffin, Winning, Cohen & Bodewes in Springfield, Illinois. He later rejoined the Central District of Illinois in 2001, where he served as chief of the Criminal Division and Assistant U.S. Attorney. Harris was born in Washington, D.C. He earned a Bachelor of Arts degree from Howard University in 1971 and a Juris Doctor from the University of Illinois Chicago School of Law in 1976.Andrew Luger
The Senate confirmed Andrew Luger as the U.S. Attorney for the District of Minnesota in March 2022. He previously served in that role during the Obama administration and briefly during the Trump administration from 2014 to 2017. Prior to his appointment, Luger was a partner in the Minneapolis office of Jones Day from 2017 – 2022. Luger has also served as an Assistant U.S. Attorney for the Eastern District of New York, from 1989 to 1992, and for the District of Minnesota from 1992 to 1995, where he prosecuted a wide variety of narcotics and violent crimes, as well as complex white collar frauds. In 1995, Luger joined the law firm of Greene Espel in Minneapolis, where he was a partner until 2014. Luger earned a Bachelor’s degree from Amherst College and a Juris Doctor from Georgetown University Law Center.Gary Restaino
The Senate confirmed Gary Restaino as U.S. Attorney for the District of Arizona in November 2021. From 1991 to 1993, Restaino served in Paraguay with the Peace Corps. From 1996 to 1999, he provided legal services to seasonal farm workers as a lawyer with Community Legal Services. From 1999 to 2003, he served as a civil rights lawyer in the Arizona Attorney General's Office. He then served as a trial attorney in the Public Integrity Section of the U.S. Department of Justice’s Criminal Division. Restaino joined the U.S. Attorney's Office for the District of Arizona in 2003. He was nominated to serve as U.S. Attorney in October 2021. Restaino earned a Bachelor of Arts degree from Haverford College in 1990 and a Juris Doctor from the University of Virginia School of Law in 1996.Cole Finegan
The Senate confirmed Cole Finegan as U.S. Attorney for the District of Colorado in November 2021. From 1991 to 1993, Finegan served both as Chief Legal Counsel and Director of Policy and Initiatives for Colorado Governor Roy Romer. From 1993 to 2003, Finegan was a partner for Brownstein Hyatt Farber Schreck’s Denver office. Finegan joined Hogan Lovells (then Hogan & Hartson) in 2007 as a partner. Finegan acted as an adviser to Governor Hickenlooper and U.S. Senator Michael Bennet. Finegan attended the University of Notre Dame from 1974 to 1978, earning a degree in English. Finegan earned a Juris Doctor from Georgetown University Law Center in 1986.Matthew Graves
The Senate confirmed Matthew Graves as U.S. Attorney for the District of Columbia in October 2021. After graduating law school, Graves began his legal career as a law clerk for Judge Richard W. Roberts of the U.S. District Court for the District of Columbia. From 2002 to 2007, he was an associate at WilmerHale. From 2007 to 2016, Graves worked as an Assistant U.S. Attorney in the District of Columbia, where he served in the office’s fraud and public corruption section, ultimately serving as the acting chief of the section. Since 2016, he has been a partner at DLA Piper. Graves earned a Bachelor of Arts degree from Washington and Lee University in 1998 and a Juris Doctor from Yale Law School in 2001.# # # #
Rochester Man Going to Prison for Selling Ghost GunsRead 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 Nijesh Gurung, 20, of Rochester, NY, who was convicted of manufacturing and dealing in firearms without a license, was sentenced to serve 12 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between July 27 and September 28, 2020, Gurung sold five Personal Made Firearms, aka “ghost guns,” to an undercover officer. Gurung sold the firearms, which had no known firearm manufacturer, model, or serial number, for as little as $1,100 and as much as $1,600 each. On October 1, 2020, investigators executed a search warrant at Gurung’s Tacoma Street residence and recovered an unknown caliber semiautomatic pistol, with no serial number, 29 rounds of ammunition, and other parts and accessories and tools used in the production of ghost guns.
The sentencing is the result of an investigation by the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Ontario County Sheriff’s Department, under the direction of Interim Sheriff Philip Povero.
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Federal Jury Convicts Rochester Man on Multiple Child Pornography Charges Including Enticement and ProductionRead 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 James Oliver Young, 52, of Rochester, NY, on multiple charges including enticement of a minor to engage in sexual activity, conspiracy to produce child pornography, and production and receipt of child pornography. The charges carry a minimum penalty of 15 years in prison, and a maximum of life.
Assistant U.S. Attorneys Melissa M. Marangola and Kyle P. Rossi, who handled the prosecution of the case, stated that the New York State Police received information from the National Center for Missing and Exploited Children (NCMEC) that an “Ollie Young” was communicating with a Minor Victim (MV1), in Rochester through private messages on Facebook. It appeared that “Ollie Young” was attempting to entice MV1 to produce and send apparent child exploitation images as well as engage in sexual activity. “Ollie Young” was later identified as defendant Young. Subsequent investigation determined that Young and co-defendant and Rebecca Wilson had sexual relations with MV1 on multiple occasions.
On April 18, 2020, New York State Police executed a search warrant and seized multiple devices, including two cell phones belonging to Wilson. Investigators located multiple videos depicting child pornography involving Minor Victim 2 (MV2).
Rebecca Wilson previously pleaded guilty to two counts of production of child pornography and is awaiting sentencing.
The verdict is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for August 22, 2022, at 2:00 p.m. before U.S. District Judge Frank P. Geraci, Jr. who presided over the trial of the case.
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Federal Grand Jury Indicts Rapids Theatre Owner and Associate for Defrauding the Economic Injury Disaster Loan and Paycheck Protection Programs Out of More Than $750,000Read 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 indictment charging John L. Hutchins, 68, of Lewiston, NY, and Roberto Soliman, 39, of Niagara Falls, NY, with conspiracy to commit wire fraud and bank fraud. In addition, defendant Hutchins is charged with making a false statement and defendant Soliman is charged with money laundering. The charges carry a maximum penalty of 30 years in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that the indictment charges Hutchins and Soliman with filing fraudulent loan applications under both the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP). The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). The defendants applied for loans under the following companies owned by defendant Hutchins:
• Rapids Theatre Niagara Falls, USA, Inc.
• 1711 Main, LLC
• Bear Creek Entertainment, LLC
• Hutch Enterprises, LLC
• The Hutchins Agency, LLC
• CWE Entertainment, Corp. (owned by defendant Soliman)Between March and August 2020, Hutchins and Soliman received four Economic Injury Disaster Loans totaling $749,500.00. In support of each of the loans, Hutchins and Soliman submitted false revenue and expense figures for the businesses on the loan applications. Hutchins and Soliman used the loan funding for their own personal expenses, such as payments for residential properties in North Tonawanda, NY, and Lewiston, NY, a 2020 BMW, a 2020 Cadillac, homeowner association fees on a Florida condominium, and payments to relatives.
In addition, Hutchins and Soliman applied for and received a Paycheck Protection Program loan totaling $74,838.
In November 2020, Hutchins is accused of making a false statement to a Special Agent of the Federal Bureau of Investigation and to an Investigator of the United States Attorney's Office, falsely denying applying for, or authorizing anyone to apply for, any Economic Injury Disaster Loans or Paycheck Protection Program loans, with the possible exception of one PPP loan for Rapids Theater.
Soliman is also accused of money laundering for using the fraudulent loan proceeds to pay personal expenses.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso, U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and the New York State Office of Professional Discipline.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 Buffalo Man of Murder and Causing A Heroin Overdose 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 following a four-week week trial, a federal jury has convicted Donte Walker, a/k/a Slim, 30, of Buffalo, NY, of multiple charges including murder while engaged in a continuing criminal enterprise and narcotics conspiracy, tampering with a witness, discharge of firearms causing death in furtherance of crimes of violence and drug trafficking crimes, conspiracy to distribute heroin resulting in death, and several narcotics offenses. The charges carry a mandatory sentence of life in prison and a fine up to a $20,000,000.
Assistant U.S. Attorneys Meghan E. Leydecker, Nicholas T. Cooper, and Seth T. Molisani, who handled the prosecution of the case, stated that between 2012 and November 2018, Walker was a leader of a heroin and cocaine trafficking organization operating in the Buffalo area. Walker utilized various associates, including drug runners and lower-level drug dealers. At a peak in Walker’s heroin distribution enterprise in 2015 and 2016, he was responsible for the daily distribution of hundreds of grams of heroin, sometimes mixed with butyryl fentanyl or furanyl fentanyl. Over the years, Walker also regularly sold cocaine.
In 2013, as part of the ongoing narcotics conspiracy, Walker was responsible for the distribution of heroin to M.O., which resulted in M.O.’s death. In addition, on October 16, 2018, Walker lured Ryan Thurnherr to an area near the East Ferry Liquor Store in Buffalo under the auspices of engaging in a drug transaction. Shortly after shots were fired, and Thurnherr was found murdered in a vacant lot near the intersection of Winslow Avenue and Brooklyn Street. Walker believed Thurnherr was a witness or a threat to become a witness in the ongoing DEA investigation into the defendant’s drug-trafficking organization.
The verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; the Cheektowaga Police Department, under the direction of Chief Brian Gould; and the Orchard Park Police Department, under the direction of Chief Patrick M. Fitzgerald.
Sentencing is scheduled for August 5, 2022, before U.S. District Judge John L. Sinatra, Jr. who presided over the trial of the case.
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California Man Going to Prison for 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 Jorge Alvarez, 28, of Los Angeles, CA, who was convicted of receipt of child pornography, was sentenced to serve 10 years in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Aaron J. Mango, Douglas A. C. Penrose, and Caitlin M. Higgins, who handled the case, stated that between June 18 and July 23, 2018, Alvarez engaged in sexually explicit conversations via Instagram and text message with a 14-year-old female (Minor Victim) who told Alvarez that she was 14 years-old. During those conversations, Alvarez sent the Minor Victim naked pictures of himself and discussed having sexual contact with the Minor Victim. The Minor Victim sent Alvarez photographs of herself at his request.
The sentencing is the result of an investigation by the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Brian Gould; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Postal Worker Arrested, Charged with Conspiracy to Produce 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 Michael Fratini, 36, of Dunkirk, NY, was arrested and charged by criminal complaint with conspiracy to produce child pornography. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on February 14, 2022, the Erie County Sheriff’s Office contacted the FBI’s Child Exploitation Task Force and stated that Fratini used his cellular telephone to solicit nude photos and videos of the pre-pubescent daughters of a female acquaintance (Witness 1), whom he met in October 2021 through a dating application. After meeting in person, Witness 1 did not hear from Fratini again until recently when they spoke over the telephone and Fratini told Witness 1 that he had a mother/daughter fantasy. He then sent a follow-up text message asking for videos and/or pictures of Witness 1’s daughters to fulfill his fantasies. After receiving the text message, Witness 1 filed a report with the Sheriff’s Office. At the direction of the Sheriff’s Office, Witness 1 continued text message conversations with Fratini. On March 18, 2022, investigators surveilled Fratini leaving his workplace, the U.S. Postal Service on Grant Street in Buffalo, and travel to an Amherst hotel where he was expecting to meet Witness 1. After arriving at the hotel, Fratini was taken into custody.
Members of the public who have information related to this case are asked to call the Federal Bureau of Investigation at 716-856-7800.
Fratini appeared at a detention hearing before U.S. Magistrate Judge Jeremiah J. McCarthy and was ordered detained.
The criminal complaint is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
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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Niagara Falls Man Pleads Guilty to Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY--U.S. Attorney Trini E. Ross announced today that Jeffrey Richards, 32, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute acetyl fentanyl, possession of a firearm in furtherance of drug trafficking, and possession of a stolen firearm. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and fine of up to $10,000,000.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on December 14, 2018, a search warrant was executed at Richards’ residence on Packard Court in Niagara Falls. During the search, investigators recovered, among other items, amounts of acetyl fentanyl, fentanyl, cocaine, marijuana, alprazolam, approximately 10 firearms, various rounds of ammunition, drug trafficking paraphernalia, an improvised destructive device, and various items used in the manufacturing of destructive devices.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent John Faso, and the Niagara County Sheriff's Department, under the direction of Sheriff Michael Filicetti.
Sentencing will be scheduled at a later date.
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Prior Felon Pleads Guilty to Gun and Drug ChargesRead 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 Joseph Weathers, III, 29, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl and being a felon in possession of a firearm and ammunition before U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that in February 2013 and June 2014, Weathers was convicted in Monroe County Court of weapons and robbery charges and as a result is legally prohibited from possessing a firearm and ammunition. In the early morning hours of July 17, 2021, while responding to a call of shots fired in the area of 9 Lime Street, Rochester Police Officers observed drugs and drug paraphernalia and encountered Weathers at the top of the stairs of the residence. After securing the location, officers executed a search warrant and recovered a 9mm pistol, a loaded magazine, and loose ammunition. The firearm was reported stolen in September 2020 from Gates, NY. In addition, officers also recovered approximately 10.6 grams of fentanyl, 4.2 grams of cocaine, 55.6 grams of crack cocaine, and approximately $537 in United States currency.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Interim Chief David Smith 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 case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for July 15, 2022, at 3:00 p.m. before Judge Geraci.
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Federal Grand Jury Indicts Olean Man for Cyberstalking, Making Interstate ThreatsRead 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 indictment charging Luke Marshall Wenke, 29, of Olean, NY, with cyberstalking and making interstate threats. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Charles M. Kruly and David J. Rudroff, who are handling the case, stated that according to the indictment and a previously filed complaint, on September 3, 2020, an acquaintance of Wenke’s in Minneapolis, Minnesota, was arrested and charged federally with conspiracy to provide material support and resources to Hamas. On September 22, 2020, Wenke began sending a series of threatening communications via email, text message, letters, and telephone to Victim 1, an attorney representing the individual arrested, based on Wenke’s belief that Victim 1 was not adequately representing the individual. In an email, on January 23, 2022, Wenke stated in part: “I will gladly take a steel chair to your face until I get what I want here. You don't respect me...but you will.” Wenke sent another email on January 24, 2022, which contained a photograph of Victim 1’s residence.
Wenke is scheduled to be arraigned on March 17, 2022, at 10:30 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia and the Olean Police Department, under the direction of Chief Ron Richardson.
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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Seneca County Man Pleads Guilty to Defrauding the U.S. Coast GuardRead the Press Release
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Dennis Daniels, 72, of Romulus, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to mail fraud and willful failure to file an income tax return. The charges carry a maximum of penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Daniels owned and operated Sea Tech Marine Training, which offered U.S. Coast Guard approved training courses to include operator uninspected passenger vessel (OUPV), one-hundred-ton masters license (Masters), assistance towing endorsement and auxiliary sail endorsement. Daniels also owned and operated Sea Test, a business that offered drug testing programs for United States Coast Guard license holders. Between 2014 and 2017, Daniels received gross income totaling approximately $665,327 but failed to file income tax returns with the Internal Revenue Service for those years. The tax owed on the unreported income was approximately $115,757.
In addition, in January and February 2019, Daniels taught 24 students the U.S. Coast Guard (USCG) approved OUPV course with a Masters upgrade. The course should have included 80 hours of classroom instruction time, however, Daniels only provided 51 hours of classroom instruction. In addition, Daniels provided the students with the answers to certain examination questions and instructed students to provide false information regarding prior sea service.
The plea is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Neal Marzloff, Special Agent-in-Charge, Central Region; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for September 7, 2022, before Judge Sinatra.
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Rochester Man Pleads Guilty to Receipt of Child PornographyRead 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 Roger Roberts, 50, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that between May 5 and October 19, 2020, Roberts engaged in Snapchat communications with a 13-year-old girl living in England. Roberts persuaded the girl to send sexually explicit photos and videos involving herself and a five-year-old girl.
The plea is the result of an investigation by the New York State Police, under the direction of Major Barry Chase and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.
Sentencing is scheduled for June 15, 2022, at 3:00 p.m. before Judge Wolford.
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Prior Sex Offender Pleads Guilty to New Child Pornography 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 Jerry Stearns, 50, of Clifton Springs, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to possession of child pornography involving a prepubescent minor following a prior conviction. The charge carries carry a mandatory minimum penalty of 10 years in prison, and a maximum penalty of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in February 2005, Stearns was convicted in on a federal charge of possession of child pornography and sentenced to serve 120 months in prison and 10 years supervised release. On May 13, 2019, while still on supervised release, Stearns possessed images of child pornography, some of which depicted prepubescent minors.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the U.S. Probation Department, under the director of Chief Probation Officer Timothy Englert.
Sentencing is scheduled for July 13, 2022, before Judge Wolford.
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Jamestown Felon Going to Prison on Gun Charge After Traffic StopRead 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 Walter S. Duprey a/k/a Spoons a/k/a Waldo, 38, of Jamestown, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 57 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that Duprey was convicted in 2005, 2006, and 2012, of felony charges in Chautauqua County and is legally prohibited from possessing firearms and ammunition. On April 30, 2020, Duprey was a passenger in a car that was stopped by Jamestown Police Officers. After stating that he had a “bud on me,” Duprey was asked to step out of the car. During a search of Duprey, an officer found a shotgun shell in his pocket. While searching the car, officers recovered a loaded shotgun.
The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Alden Man Going to Prison on 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 Brandon Kidder, 37, of Alden, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 72 months in prison and 25 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that on May 24, 2019, Kidder possessed images and videos of child pornography, which were stored on his cellular telephone and other electronic storage media. Kidder obtained the images and videos by downloading them from the internet – specifically the dark web. For example, Kidder visited and downloaded images from a dark website featuring “Hurtcore” materials. The term “Hurtcore” means any image or depiction of violent child pornography. On January 28, 2020, the FBI executed a search warrant at Kidder’s residence and seized a number of devices and electronic storage media. A forensic review revealed more than 600 images and videos of child pornography, including images that portrayed prepubescent minors, or minors under the age of 12, as well as depictions of violence.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Prior Felon Pleads Guilty to Firearms PossessionRead 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 Ray Chrostowski, 27, of Cheektowaga, NY, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge John L. Sinatra, Jr. The charges carry a maximum of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated in August 2021, Chrostowski was convicted of breaking into and larceny from interstate carrier facilities and sentenced to serve 18 months in prison by Judge Sinatra. He was expected to self-surrender to the custody of the Bureau of Prisons on September 28, 2021. On September 14, 2021, Chrostowski was detained by investigators as he left his Bright Street residence. Investigators then executed a search warrant at the residence seizing an assault rifle and a semiautomatic pistol, two sets of body armor, and various rounds of assorted ammunition.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Stephen Belongia, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.
Sentencing is scheduled for July 12, 2022, at 10:00 a.m. before Judge Sinatra.
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Freight Carriers Agree to Pay $6.85 Million to Resolve Allegations of Knowingly Presenting False Claims to the Department of DefenseRead the Press Release
YRC Freight Inc. (YRC), Roadway Express Inc. and Yellow Transportation Inc. (collectively the YRC defendants), have agreed to pay approximately $6.85 million to resolve allegations under the False Claims Act that they knowingly presented false claims to the U.S. Department of Defense (DOD) by systematically overcharging for freight carrier services and making false statements to hide their misconduct.
The YRC defendants, transporters of industrial, commercial and retail goods, contracted with DOD to ship military freight across the country from September 2005 to October 2013. Under their contracts, the YRC defendants were paid based in part upon a shipment’s weight.
The United States alleged that the YRC defendants fraudulently billed the United States for delivery charges based on higher weights when, after reweighing the shipments, they knew that the actual weights were lower. For more than seven years, the YRC defendants allegedly reweighed many shipments before final delivery, and when the reweighs showed that a shipment weight was more than the original weight, the YRC defendants charged DOD for these higher weights. But when the reweighs showed that a shipment weight was less than the original weight, the YRC defendants allegedly concealed from DOD the lower weights and instead charged DOD for the original, inflated weights. To further hide the scheme, the YRC defendants allegedly made false statements assuring DOD that they would comply with the rules requiring them to correct discrepancies uncovered during any reweigh process.
“We expect companies to do business with the government honestly and fairly,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s continuing commitment to hold accountable those who defraud the government and, by extension, the American taxpayers.”
“The Defense Department entered into contracts with YRC, Roadway, and Yellow for shipping services,” said U.S. Attorney Trini E. Ross for the Western District of New York. “These companies, which purposely overcharged for these services and then made false statements to cover up their actions, are now being held accountable for their behavior.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by James Hannum, an employee of Yellow Transportation. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Hannum v. YRC Freight, Inc., Roadway Express, Inc., and Yellow Transportation, Inc., Civil Action No. 08-0811 (W.D.N.Y.). Mr. Hannum will receive $1.3 million, plus interest, as his share of the settlement.
“Investigating schemes that undermine the integrity of Department of Defense (DoD) procurement is a top priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today's announcement demonstrates our commitment to work with the Department of Justice and our law enforcement partners to hold companies accountable for artificially inflating the cost of services provided to the DoD.”
“After working extensively on this case, DCAA is gratified the work of our auditors made a significant contribution to the outcome of this case,” said Lead Investigative Auditor John Manfredonia for the Defense Contract Audit Agency (DCAA).
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Western District of New York, with assistance from DCIS; DCAA, and the U.S. Army Criminal Investigation Division Command.
The matter was handled by Trial Attorneys Benjamin Young and John F. Schifalacqua of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Freight Carriers Agree to Pay $6.85 Million to Resolve Allegations of Knowingly Presenting False Claims to the Department of DefenseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – YRC Freight Inc. (YRC), Roadway Express Inc. and Yellow Transportation Inc. (collectively the YRC defendants), have agreed to pay approximately $6.85 million to resolve allegations under the False Claims Act that they knowingly presented false claims to the U.S. Department of Defense (DOD) by systematically overcharging for freight carrier services and making false statements to hide their misconduct.
The YRC defendants, transporters of industrial, commercial, and retail goods, contracted with DOD to ship military freight across the country from September 2005 to October 2013. Under their contracts, the YRC defendants were paid based in part upon a shipment’s weight.
The United States alleged that the YRC defendants fraudulently billed the United States for delivery charges based on higher weights when, after reweighing the shipments, they knew that the actual weights were lower. For more than seven years, the YRC defendants allegedly reweighed many shipments before final delivery, and when the reweighs showed that a shipment weight was more than the original weight, the YRC defendants charged DOD for these higher weights. But when the reweighs showed that a shipment weight was less than the original weight, the YRC defendants allegedly concealed from DOD the lower weights and instead charged DOD for the original, inflated weights. To further hide the scheme, the YRC defendants allegedly made false statements assuring DOD that they would comply with the rules requiring them to correct discrepancies uncovered during any reweigh process.
“We expect companies to do business with the government honestly and fairly,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s continuing commitment to hold accountable those who defraud the government and, by extension, the American taxpayers.”
“The Defense Department entered into contracts with YRC, Roadway, and Yellow for shipping services,” said U.S. Attorney Trini E. Ross for the Western District of New York. “These companies, which purposely overcharged for these services and then made false statements to cover up their actions, are now being held accountable for their behavior.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by James Hannum, an employee of Yellow Transportation. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Hannum v. YRC Freight, Inc., Roadway Express, Inc., and Yellow Transportation, Inc., Civil Action No. 08-0811 (W.D.N.Y.). Mr. Hannum will receive $1.3 million, plus interest, as his share of the settlement.
“Investigating schemes that undermine the integrity of Department of Defense (DoD) procurement is a top priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “Today's announcement demonstrates our commitment to work with the Department of Justice and our law enforcement partners to hold companies accountable for artificially inflating the cost of services provided to the DoD.”
“After working extensively on this case, DCAA is gratified the work of our auditors made a significant contribution to the outcome of this case,” said Lead Investigative Auditor John Manfredonia for the Defense Contract Audit Agency (DCAA).
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Western District of New York, with assistance from DCIS; the Defense Contract Audit Agency, and the U.S. Army Criminal Investigation Division Command.
The matter was handled by Trial Attorneys Benjamin Young and John F. Schifalacqua of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Federal Grand Jury Indicts Amherst Businessman on 40 Counts for Defrauding the Paycheck Protection and Economic Injury Disaster Loan Programs Out of Millions of DollarsRead 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 40-count indictment charging Hormoz Mansouri, 67, of Amherst, NY, with conspiracy to commit wire fraud and bank fraud, bank fraud, wire fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the indictment charges Mansouri with filing fraudulent loan applications under both the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). Mansouri controlled the following business entities which applied for loans:
• HLM Holding LLC,
• El Team Inc.,
• NPTS Inc.,
• 2060 Sheridan Drive LLC,
• 212 Holden Avenue LLC,
• 350 Old Niagara Falls Boulevard LLC,
• 47 East Amherst LLC, and
• 3600 Harlem Road LLC.The PPP loans that the Mansouri-controlled entities obtained, either inflated or completely fabricated the average monthly payroll and six of the eight entities had no actual employees or payroll expenses at all. The total amount of money received from the fraudulent PPP loans totaled approximately $3,000,000. The Mansouri controlled entities also received approximately $450,600 in Economic Injury Disaster Loans (EIDL). These loan applications falsely represented revenues and cost of goods sold. On May 28, 2021, the United States Attorney’s Office seized approximately $1,923,603 of the fraudulently obtained money.
The indictment also charges Mansouri with moving the fraudulent PPP and EIDL funds between various bank accounts; commingling the proceeds with legitimate business revenues; and funding certain accounts, including a campaign account (in the name of “Mansouri for County Comptroller”).
Mansouri was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso.
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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Convicted Felon Pleads Guilty to 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, 47, of Gasport, NY, pleaded guilty to receipt of child pornography following a prior conviction before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling 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.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, 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.
Sentencing is scheduled for June 15, 2022, at 9:00 a.m. before Judge Skretny.
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Rochester Drug Dealer Going to PrisonRead 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 Dkeidron Dublin, 40, of Rochester, NY, who was convicted of possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 72 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Matthew McGrath, who handled the case, stated that Dublin was arrested on May 19, 2021, as part of a long-term investigation into a Rochester drug trafficking organization led by co-defendant Jason Siplin. On that date, investigators intercepted a phone call between Dublin, and another co-defendant Timothy Granison, during which they discussed, in coded language, Granison resupplying Dublin with drugs. Later that day, Granison’s vehicle arrived at Dublin’s Birch Crescent residence. Dublin got into Granison’s vehicle at which time both were taken into custody. During a search of the vehicle and Dublin’s residence, investigators recovered 31 grams of cocaine, $1,241.00 in United States currency, drug packaging materials, and a semiautomatic pistol, which was found in Dublin’s residence.
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.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, the Rochester Police Department, under the direction of Interim Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team, and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.
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Property Manager Pleads Guilty for His Role in the Failure to Properly Notify Tenants About Lead HazardsRead 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 Paul Richard Heil, 52, of Buffalo, NY, pleaded guilty to a misdemeanor charge of aiding and abetting the failure to provide lead paint hazard warning notice before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Heil was a property manager acting on behalf of Williamsville Property Holdings LLC, a.k.a. Williamsville Properties. Between December 2015, and May 2018, Heil and the company were aware of lead-based paint and lead-based paint hazards at a Wick Street residence in Buffalo, a two-family house that was built in 1905. In April 2018, and again in June 2020, Heil and Williamsville Properties rented the residence to lessees. Heil provided a lead disclosure statement to those tenants, which falsely affirmed that the landlord “has no knowledge of lead-based paint and/or lead-based paint hazards in the housing,” and “has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.”
The plea is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi. Additional assistance was provided by the New York State Attorney General’s Office.
Sentencing is scheduled for June 8, 2022, before Magistrate Judge McCarthy.
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Jamaican Citizen Pleads Guilty to Passport FraudRead 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 Caswell Richards, 55, of Jamaica, pleaded guilty to the use of a U.S. passport secured by a false statement before U.S. District Judge John L. Sinatra, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated in December 2020, Richards used another individual’s name and birth certificate to apply for and secure a United States passport. On that application, Richards also indicated that there were no other names he had used in the past and affirmed to a Passport Acceptance Agent that all the information provided was true and correct. On November 25, 2021, Richards sought entry to the United States at the Peace Bridge Port of Entry using the fraudulent passport.
The plea is the result of an investigation by the Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for July 5, 2022, at 2:00 p.m. before Judge Sinatra.
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Greece Man Going to Prison for 22 Years for Enticing A Minor to Engage in Sexual ActivityRead 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 Joseph McGrain, 50, of Greece, NY, who was convicted of enticement of a minor to engage in sexual activity, attempted obstruction of justice, and obstruction of justice, was sentenced to serve 264 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on March 27, 2020, the Greece Police Department learned that McGrain had been having a sexual relationship with a 16-year-old girl (Minor Victim) for one and a half years. On April 1, 2020, investigators observed Facebook chat conversations between McGrain and the Minor Victim on her cell phone. Among the messages, McGrain stated, “I miss our nights.” Another message stated, “your right it’s wrong and it will end...thank you for that magic for the past year.” On April 5, 2020, McGrain threatened the Minor Victim by stating “If you really want it to end then tell them (law enforcement) you set it all up and lied.”
McGrain and the Minor Victim had sexual relations almost daily between October 2018, when she was 14 years old, until March 26, 2020.
The sentencing is the result of an investigation by the Greece Police Department, under the direction of Chief Michael Wood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Jamestown Man Sentenced to More Than 27 Years in Prison for Enticement of A MinorRead 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 Richard LaFrance, 35, of Jamestown, NY, who was convicted of enticement of a minor, was sentenced to serve 327 months in prison and lifetime of supervised by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that LaFrance, who was 34 years-old at the time, met a 14-year-old (Minor Victim) in April of 2019, and began communicating with her via email and text message. The communications between LaFrance and the Minor Victim were sexually explicit and included LaFrance requesting that the Minor Victim send him naked pictures. In addition, LaFrance met up with the Minor Victim on at least two occasions and engaged in sexual intercourse.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Chautauqua County Sherriff’s Office, under the direction of Sheriff James B. Quattrone.
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Buffalo Man Going to Prison for 10 Years for Selling Fentanyl Linked to the Death of A Hamburg Man, Also Ordered to Pay Restitution for Funeral ExpensesRead 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 Tyrone Green, III, 27, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, cocaine, and 10 grams or more of butyryl fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge John L. Sinatra, Jr. Green was also ordered to pay restitution for the funeral expenses of the overdose victim in this case.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that on March 23, 2018, Green and co-defendant Brennan Bryant sold fentanyl to an individual who was later found deceased in the Town of Hamburg. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Bryant and Green as the decedent’s suppliers. Subsequent investigation revealed that between October 2017 and January 2018, the New York State Police made numerous controlled purchases of butyryl fentanyl, fentanyl, cocaine, and heroin from both Bryant and Green.
Brennan Bryant was previously convicted and also sentenced to serve 120 months in prison.
The sentencing is the result of an investigation by the Hamburg Police Department, under the direction of Chief Kevin Trask, the Drug Enforcement Administration, under the direction of Acting Special-Agent-in-Charge Timothy Foley, the New York State Police, under the direction Major James Hall, and the Orchard Park Police Department, under the direction of Chief Joseph Wehrfritz.
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Rochester Man Going to Prison for His Role in Burning of RPD Car Duing May 2020 Violent Protests in RochesterRead 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 Miguel Ramos, 21, of Rochester, NY, who was convicted of rioting for his role in violent protests held in the City of Rochester in May 2020, was sentenced to serve 16 months in prison by U.S. District Judge Charles J. Siragusa. Ramos was also ordered to pay restitution totaling $4,287 to the City of Rochester.
Assistant U.S. Attorney Cassie M. Kocher, who handled the case stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. During the late afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.
During the course of the protests, Ramos and others set fire to a marked Rochester Police Department patrol vehicle parked in front of the Public Safety Building. The burning of the RPD car, which was completely destroyed, was broadcast, and recorded on Facebook Live, which streamed the burning online in real time. Ramos also took photographs of himself at the riot and sent those photographs to others via text message to encourage them to participate in the riot.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Interim Chief David Smith; the Gates Police Department, under the direction of Chief Robert Long; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Rochester Fire Department, under the direction of Fire Chief Felipe Hernandez Jr.
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Four Time Convicted Felon Pleads Guilty to Gun PossessionRead 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 Roosevelt E. Collins, III, 40, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm and ammunition before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on July 26, 2021, members of the U.S. Marshals Task Force were surveilling Collins, who was wanted in connection with an alleged shooting incident on July 2, 2021. Officers took Collins into custody while he was sitting in a vehicle parked in a driveway on Magee Avenue. During the arrest, officers observed a loaded 9mm semiautomatic pistol in plain view on the floor of the front passenger seat. Collins also had a magazine loaded with 12 additional rounds of ammunition on his person.
Collins was previously convicted on felony charges in 2001, 2005, 2010, and 2015, in Monroe County Court, including Criminal Possession of a Controlled Substance in the Fifth Degree, Attempted Criminal Possession of a Controlled Substance in the Fifth Degree, and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Interim Chief David Smith, the U.S. Marshals Service, under the direction of Marshal Charles Salina, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for June 2, 2022, at 10:00 a.m. before Judge Siragusa.
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Final Defendant Pleads Guilty in Gun Trafficking Ring Stretching from Ohio to New YorkRead 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 Ricky Turner, 51, of Ashtabula, Ohio, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to aiding and abetting a fictitious written statement with respect to a material fact in the sale of a firearm. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on October 19, 2017, Turner assisted an individual identified as D.F. in the purchase of a firearm from an Ohio sporting goods store. D.F falsely stated on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473, Firearms Transaction Record, that she was the actual buyer acquiring the firearm. In fact, D.F. was acting only at the direction of Turner, who provided money for the purchase of the firearm. D.F. completed and signed the ATF paperwork and checked “yes,” acknowledging that she was the actual purchaser of the firearm. D.F. conducted other similar transactions on behalf of Turner, receiving $75-$100 per firearm to conduct the transactions. Turner then sold the firearms for a profit to individuals in the Buffalo area. Turner has never been issued a Federal Firearms License that would permit him to sell, receive, or transport firearms in interstate commerce. In fact, Turner is prohibited under both Ohio and federal law from possessing a firearm due to a federal felony conviction.
Turner is one of eight defendants charged and convicted in this case.
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.
Sentencing will be scheduled at a later date.
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Buffalo Couple Pleads Guilty to Selling Heroin Which Led to the Death of A 24-Year-Old-ManRead 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 Genesis Tolentino-Cruz, 28, and Orlando Albert-Arroyo, 27, both of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to conspiracy to possess with intent to distribute, and to distribute, heroin. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on February 27, 2019, Buffalo Police Officers responded to a drug overdose call and found a 24-year-old male deceased. The deceased man’s girlfriend told officers that the day before, she met Cruz and Arroyo at a gas station in Cheektowaga to purchase heroin. Later that night, the girlfriend said that she and the deceased male used some of the heroin purchased from the defendants. The girlfriend went to sleep, and when she awoke, she found her boyfriend was deceased. In March and April, 2019, investigators conducted six controlled purchases of heroin from Cruz and Arroyo. On April 19, 2019, a federal search warrant was executed at Cruz and Arroyo’s residence, during which heroin, ammunition, a rifle, a pistol, and drug processing items were seized.
The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.Sentencing will be scheduled at a later date.
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Prior Felon Pleads Guilty to Methamphetamine and Gun 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 Briana Elderkin, 25, of Pomfret, NY, pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine and being a felon in possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated in August 2020, Elderkin was convicted of Criminal Possession of Controlled Substance (methamphetamine) in the Third Degree in Chautauqua County Court. As a result, Elderkin is legally prohibited from possessing a firearm. On April 19, 2021, New York State Parole Officers performed a home visit of Elderkin’s residence on Ulrich Park Drive in Pomfret, during which they observed a large amount of methamphetamine. The following day, on April 20, 2021, a search warrant was executed at the residence by the Chautauqua County Sheriffs’ Office and the Southern Tier Regional Drug Task Force. Law enforcement seized methamphetamine, a .45 caliber pistol, 52 rounds of ammunition, digital scales, over $1,400 in cash, and two phones.
The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci, the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone, and the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley.
Sentencing is scheduled for June 21, 2022, at 9:30 a.m. before Judge Vilardo.
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Jamestown Woman Pleads Guilty to Fentanyl ConspiracyRead 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 Holly Berenguer, 39, of Jamestown, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, before U.S. Magistrate Judge H. Kenneth Schroeder Jr. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated on September 5, 2021, a Jamestown Police Officer arrested Berenguer on an active bench warrant for failure to appear in Jamestown City Court. While she was being processed, police personnel discovered a white powdery substance and $450 hidden in Berenguer’s clothes. The substances field tested positive for heroin and methamphetamine. As part of the conspiracy, between September 2020, and September 2021, Berenguer distributed large amounts of heroin and fentanyl in the Jamestown area.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley.
Sentencing will be scheduled at a later date.
Virginia Woman Who Fled to Nicaragua with Her Child for More Than A Decade Pleads Guilty to International Parental KidnappingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorneys Trini E. Ross, of the Western District of New York, and Nikolas Kerest, of the District of Vermont, announced today that Lisa Miller, 53, formerly of Virginia, pleaded guilty before U.S. District Judge Richard J. Arcara to international parental kidnapping, which carries a maximum penalty of three years in prison and a $250,000 fine.
Defendant Miller was in a civil union with Janet Jenkins under Vermont law. Miller was artificially inseminated during the civil union and had a child, IMJ. In 2003, Miller sought termination of the civil union and disputes arose regarding Miller’s and Jenkin’s parental rights of IMJ. Miller disputed those parental rights in both Virginia and Vermont courts. Prior to September 2009, Jenkins had been awarded parental rights in Vermont. In early September 2009, the Vermont family court, which had jurisdiction over the dispute regarding the parental rights of IMJ, ordered that Janet Jenkins was entitled to an unsupervised parental visit with IMJ on the weekend of September 25, 2009. Miller was aware of the court ordered visit but did not want to allow unsupervised visitation for that weekend. In the early morning of September 22, 2009, Miller removed IMJ from the United States to Canada via Buffalo, NY, and eventually to Nicaragua, with the intention to take IMJ out of the country in order to obstruct Jenkin’s court ordered parental rights. Miller remained out of the country until she voluntarily returned to the United States in January 2021, after IMJ had reached 18 years of age.
Three other defendants were charged and convicted for their roles in this case. Philip Zodhiates was charged in the Western District of New York and convicted following a jury trial of international parental kidnapping and conspiracy to commit international parental kidnapping and sentenced to serve 36 months in prison. Zodhiates organized the kidnapping of IMJ. He also assisted in the recruitment of Mennonite Pastor Kenneth Miller, who was convicted following a jury trial of international parental kidnapping in the District of Vermont and sentenced to serve 27 months in prison. Timothy Miller was also charged, convicted, and sentenced to time served (eight months) for his role in assisting Lisa Miller. He purchased a one-way plane ticket for Lisa Miller and IMJ to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and IMJ financially including providing them with shelter.
The plea is the culmination of an investigation by the Vermont Office of the U.S. Marshal’s Service, under the direction of Marshal Bradley Larose; the Vermont Office of the Federal Bureau of Investigation, under the direction of Janeen DiGuiseppi, Special Agent-in-Charge; and the U.S. Department of State’s Diplomatic Security Service (DSS). Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graaf are handling the case.
Sentencing is scheduled for June 9, 2022, before Judge Arcara.
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Hilton Man Arrested, Charged with StalkingRead 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, 24 of Hilton, NY, was arrested and charged by criminal complaint with stalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in 2019, Guest began to threaten and harass an acquaintance (Victim) through various social media accounts. Guest posted nude photographs of the Victim to various pornography websites using the Victim’s full name. Guest also sent the nude photographs to among others, the Victim’s family members, colleagues, former classmates, and friends. In addition, Guest used fake online accounts in an attempt to get the Victim to produce additional sexually explicit content. As a result of Guest’s conduct, the Victim has continued to receive unwanted communications from other individuals who received the photographs, causing the Victim extreme emotional distress.
Guest made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held pending a detention hearing on February 18, 2022.The criminal complaint is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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 City Councilman Adam McFadden Going to Prison for Wire Fraud Conviction and Filing A False Tax ReturnRead 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 Adam C. McFadden, 50, of Rochester, NY, who was convicted of wire fraud and filing a false tax return, was sentenced to serve 18 months in prison by U.S. District Judge Elizabeth A. Wolford. McFadden was also ordered to pay restitution totaling $265,528.00 to Quad A For Kids, the Internal Revenue Service and Rochester Housing Charities.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that McFadden was the Executive Director for Quad A for Kids between 2004 and 2014. From 2014 to September 2016, McFadden served as an independent contractor for Quad A for Kids. From September 2016 until 2019, McFadden returned to his position as the Executive Director of Quad A for Kids, which provides after-school and extended-day learning programs at some Rochester City School District elementary schools. Quad A for Kids operates as a separate entity funded through the Rochester Area Community Foundation Initiatives Inc. (RACF).
Between February 2012 and December 2018, McFadden submitted fraudulent invoices and receipts to the RACF for reimbursements in the approximate amount of $131,163.00. Specifically, McFadden created fraudulent invoices purportedly from: an individual for various computer and IT related services that were never provided; an entity that provided various sports, fitness and related products and services; entities that provided grant writing and related services; and Amazon, Walmart and Staples. The funds were used, in part, for McFadden’s personal benefit, including personal debts. After the submission of the fraudulent invoices, the RACF reimbursed the defendant personally or paid the various entities used by the defendant. The entities then used the money to pay debts owed by the defendant.
In August 2017 and February 2018, McFadden created fraudulent $4,000.00 invoices from the North East Area Development Association (NEAD) to Quad A for Kids, purportedly for training services provided by NEAD to Quad A for Kids. Although the training services were never performed by NEAD, McFadden caused Quad A for Kids to pay NEAD $8,000.00. NEAD then fraudulently paid the defendant $7,000.00 of the $8,000.00 that NEAD had fraudulently received.
In addition, in 2015, McFadden owned a company called Caesar Development LLC, which received an $87,500 contract from the Rochester Housing Charities for services which were never performed. Also, for the tax years 2015 through 2017, McFadden provided false information on his personal tax returns, reporting false deductions, including personal expenses, on his Schedule C, which falsely reduced his taxable income. The reduction in McFadden’s taxable income resulted in a tax loss to the IRS of $46,865.
The sentencing is the result of an investigation by the Department of Housing and Urban Development, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Brandon Gardner; the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Stephen Belongia.
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Cheektowaga Man Arrested on 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 James Fox, 38, of Cheektowaga, NY, was arrested and charged by criminal complaint with maintaining a drug premises and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of five years in prison and a maximum of life in prison.
Assistant U.S. Attorneys Nicholas T. Cooper and Aaron J. Mango, who are handling the case, stated that according to the complaint, on February 3, 2022, investigators executed a search warrant at Fox’s residence on Beach Road in Cheektowaga, NY. During the execution of the search warrant, among other items, investigators seized a loaded shotgun; additional rounds of ammunition; Narcan; two electrical tasers; and a stun gun. The Government alleges that Fox frequently used his residence to solicit prostitutes, many of whom were addicted to heroin and crack cocaine, and that Fox provided some of the prostitutes with illegal narcotic in exchange for sex acts.
Fox is being held following a detention hearing before U.S. Magistrate Judge Michael J. Roemer.
The complaint is a result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Lancaster Police Department, under the direction of Chief William Karn. Jr. and Cheektowaga Police Department, under the direction of Chief Brian Gould.
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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U.S. Attorney's Office Settles Housing Discrimination Lawsuit Against Dansville Rental Property OwnersRead 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 settlement agreement has been reached with the current and former owners of Midtown Motel, LLC, a residential rental property in Dansville, NY, who were named as defendants in a Fair Housing Act complaint. The Government alleged that the owners of Midtown Motel discriminated against Cheryl Martinez based on her disability by refusing to rent to Martinez because of her assistance animal.
Assistant U.S. Attorney Kathryn Smith, who is handling the case, stated that Ms. Martinez’s emotional support dog, an American Staffordshire Terrier, was prescribed by her primary care physician as part of a therapeutic plan to treat her psychiatric conditions. In November 2016, Ms. Martinez was homeless and seeking affordable housing. She agreed to rent a unit at the Midtown Motel, but, upon learning of her emotional support animal, the property manager refused to rent to her and asked that she vacate the unit.
“Individuals with disabilities should not face discrimination in housing,” stated U.S. Attorney Ross. “The settlement of this lawsuit is an opportunity to educate tenants and landlords alike that denying someone housing because of a disability is illegal under the Fair Housing Act.”
The Consent Decree, agreed to by the Government and Midtown Motel past and present owners, and signed by Chief U.S. District Court Judge Elizabeth A. Wolford, requires the current owner of Midtown Motel to maintain non-discriminatory policies, provide Fair Housing Act training to employees, and submit to compliance and reporting requirements for two years. In addition, the former owners of Midtown Motel paid Ms. Martinez $30,000 in damages.
The Complaint was the result of an investigation by the United States Department of Housing and Urban Development. Ms. Martinez was represented by Lisa Pantuso, Esq. and Laurie Lambrix, Esq. of Legal Assistance of Western New York, Inc.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status (having one or more children under 18), national origin and disability. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at [email protected], or submit a report online at www.civilrights.justice.gov. Such individuals may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
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Investment Club Treasurer Going to Prison for Two Years for Embezzling Hundreds of Thousands of DollarsRead 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 Mann, 74, of Addison, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. Mann was also ordered to pay restitution totaling $273,571.66.
Assistant U.S. Attorney John J. Field, who handled the case, stated that the Transport Investment Club (TIC), which had approximately 25 investing members, was formed in 1958, in the small community of Wellsboro, PA. Mann, a well-known high school math teacher and long-time friend of most of the TIC members, was elected treasurer of TIC in 1994. Mann’s duties included collecting and disbursing funds, buying, and selling stocks as directed by TIC and its members, maintaining a set of books covering operations and assets, and preparing a monthly statement documenting the club’s liquidating value, which was the total value of the club’s stock holdings. Mann had sole control over the TIC bank account at Citizens and Northern Bank (C&N Bank) and the TIC investment accounts at brokerage firms. Funds collected at TIC monthly meetings were supposed to be used to purchase stocks in the TIC investment accounts as directed by the club members. Over the years, Mann regularly embezzled TIC’s funds for his personal use rather than investing the funds. By February 2020, TIC’s investments should have been worth approximately $290,614.05. In actuality, Mann had embezzled all but $707.74 of TIC’s stock holdings. For more than a decade, Mann routinely provided TIC members with fraudulent liquidation statements, which misrepresented the actual values of TIC’s purported investments. As one of the victims stated: “Mann’s soulless duplicity and clear cunning fooled us all.”
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Three Buffalo Men Plead 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 Kevin Brown, 30, of Buffalo, 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 maximum penalty of life in prison. In addition, Reno Sayles, Jr., 32, and Marlon Worthy, 34 of both of Buffalo, NY, pleaded guilty to conspiracy to distribute crack cocaine, fentanyl, and acetyl fentanyl, which carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Timothy C. Lynch, who are handling the case, stated that on August 22, 2019, investigators conducting surveillance observed Sayles, Brown and Worthy leaving a residence on Wanda Avenue in Cheektowaga, NY, and getting into two separate vehicles. Both vehicles drove away and stopped shortly after, at which time defendant Brown retrieved a backpack from inside one of the vehicles. Law enforcement seized the backpack and upon searching it, discovered that it contained two loaded handguns, ammunition, magazines, scales, and a bulletproof vest. Officers recovered over 50 grams of cocaine from inside Worthy’s vehicle and another 10 grams inside his pocket. During a search of the Wanda Street residence, investigators also recovered narcotics paraphernalia.
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Brian Gould; and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia with the assistance of their narcotics K-9.
Worthy, Brown and Sayles are scheduled to be sentenced on May 5, 2022, May 6, 2022, and June 2, 2022, respectively, all before Judge Sinatra.
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Rochester Man Going to Prison for 15 Years for Forcing A Minor to Engage in Sex Trafficking in Exchange for HeroinRead 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 Peter R. Kiwitt, 63, of Rochester, NY, who was convicted of sex trafficking by coercion, was sentenced to serve 15 years in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that in January 2019, Rochester Police Officers responded to a residence for a report of a fatal overdose involving a minor victim. The owner of the residence found the minor deceased on his living room floor and called 911. He told officers he brought the minor victim to his residence to engage in commercial sex acts with her. The investigation determined that Kiwitt, a registered sex offender, used the victim’s addiction to heroin to coerce her to engage in commercial sex acts with men in the Rochester area.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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Fredonia Man Going to Prison for 50 Years for Producing and Possessing 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 Dustin Post, 26, of Fredonia, NY, who was convicted of production and possession of child pornography, was sentenced to serve 50 years in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney David J. Rudroff, who handled the case, stated that the New York State Police in Fredonia began investigating Post after receiving a parental complaint involving the commission of a possible sex offense upon a minor. In the summer of 2019, Post video-recorded his sexual abuse of a 12-year-old girl. On November 15, 2019, investigators removed a cellular telephone, a laptop computer, and four flash drives from Post’s residence. A forensic analysis of the electronic devices recovered multiple images and videos of child pornography. During the course of the investigation, a total of nine minor females and one adult female were identified as victims of Post.
The sentencing is a result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the New York State Police, under the direction of Major James Hall.
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Rochester Man Going to Prison for Two Years for Setting Off Explosive Devices in A City NeighborhoodRead 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. Pane, 50, of Rochester, NY, who was convicted of threatening by mail to injure or intimidate and unlawfully damage and destroy property by means of an explosive, was sentenced to serve 24 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between January 23 and February 2, 2021, Pane set off three explosions, one near the residence at 94 Leander Road, and two near 288 Falleson Road in the City of Rochester. Residents of 94 Leander Road heard two loud booms that shook the entire house, and the explosion caused a hole the size of a softball and burn marks in the siding of the house and damaged a window.
Between February 24 and March 9, 2021, Pane mailed 10 letters to 10 separate residences in the Falleson Road/Leander Road neighborhood. Similar in nature, the plain white envelopes had no return address and were all processed through the main United States postal plant on Jefferson Road in Henrietta, NY. Each contained a single piece of paper with large, printed words stating: “I don't mean to bother you people in this neighborhood. But the little (expletive) crack head at 288 Falleson owes me a lot of money for drugs. He is a liar and a thief. He burned down his father’s cottage in the 1000 island for the insurance money, which he was supposed to pay me off with. He didn’t. I will keep throwing bombs off in his yard until he pays. call the cops they won't catch me.”
On March 2, 2021, investigators searched Pane’s garbage at his Harding Road residence and recovered a list of numerous Falleson Road and Leander Road addresses, including the house numbers. Nine of the 10 addresses which received the threatening letter were on the list. The 10th address (288 Falleson Road) was the address of the target of the explosions. Pane had an ongoing dispute with an individual that he believed was spreading false rumors about him. Pane threatened the individual several times to stop spreading the rumors but when the individual did not stop, he made the explosive devices and started setting them off. Pane sent the letters in hopes that the neighbors would confront the individual.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Rochester Police Department, under the direction of Interim Chief David Smith, the Rochester Fire Department, under the direction of Chief Felipe Hernandez Jr., and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia. Additional assistance was provided by the Buffalo and Syracuse Resident Offices of the ATF.
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Rochester Man Going to Prison for More Than 14 Years for Fentanyl Trafficking and OverdoseRead 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 Robert Dygert, 35, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, was sentenced to serve 174 months years in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Dygert was part of a group of individuals who ran a drug house on Weaver Street in the City of Rochester, selling quantities of fentanyl from the house in 2019 and 2020. On February 25, 2020, investigators executed a search warrant at the house and seized approximately 11 grams of fentanyl, drug packaging materials, two digital scales, and $10,445 in cash, all of which consisted of proceeds from the distribution of fentanyl.
In addition, Dygert sold fentanyl to a 25-year-old male who suffered a non-fatal overdose. The victim purchased fentanyl from Dygert, returned to the home he shared with his parents, and ingested the fentanyl. In the early morning hours the next day, the victim’s mother found the victim unconscious on the bathroom floor. Emergency personnel responded and administered two doses of Narcan, after which the victim regained consciousness.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Rochester Police Department, under the direction of Interim Chief David M. Smith.
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Registered Sex Offender Sentenced to 27 Years in Prison for Soliciting Images and Videos from A 15-Year-OldRead 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 Daryll Clark, 33, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 324 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Clark met a 15year-old girl (Minor Victim 1) in an online chat room where he purported to be 24 years old. Between March 15 and May 2, 2020, Clark solicited and directed Minor Victim 1 to create sexually explicit images and videos. After producing the images and videos, Minor Victim 1 sent them to Clark via cell phone from Missouri to New York State. During this time, Clark was a registered sex offender under the supervision of New York State Parole.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.# # # #
Franklin County, NY, Man Going to Prison for His Role in Scheme That Defrauded Elderly Victims Out of $2,000,000Read 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 Anthony Laughing, Jr., 49, of Hogansburg, NY, who was convicted of conspiracy to commit wire and mail fraud, was sentenced to serve 72 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between September 2015 and March 2020, Laughing conspired with multiple co-defendants, including ringleader Martin Hogan, to defraud elderly victims using a fraudulent telemarketing scheme. Hogan placed telephone calls from Canada to victims in the United States, telling them that they had won the Canadian lottery. However, victims were told that they had to first pay the taxes, brokerage fee, and/or custom fees due in connection with the winnings. Some victims were instructed to mail cash to addresses controlled by Laughing, who accepted over 300 packages. The cash was then smuggled over the border into Canada and given to Laughing’s Canadian co-conspirators. Laughing kept a portion of the money he accepted as part of the scheme. In total, the scheme involved over $2,000,000 in funds obtained from elderly victims.
Martin Hogan was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by Homeland Security Investigations, Border Enforcement Security Task Force, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, and the Customs and Border Patrol Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. The Justice Department’s Office of International Affairs provided substantial assistance in securing the extradition of defendant Martin Hogan from Jamaica.
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Falconer Woman Arrested on Child Pornography Charges, Witness Tampering Conspiracy and Destruction of RecordsRead 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 Lily A. Brandow, 20, of Falconer, NY, was arrested and charged by criminal complaint with conspiracy to produce child pornography, conspiracy to commit witness tampering, distribution of child pornography, and destruction of records. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Dawn M. Carter, who is handling the case, stated that according to the complaint, in June 2021, Brandow sold a video to a Snapchat user for $20 showing her, her “man” and a third person engaging in sexual relations. Brandow’s “man” is co-defendant Yusef Myrick who was arrested and charged by complaint in December 2021 with production, receipt, and distribution of child pornography. The third individual in the video was later identified by investigators as a 16-year-old girl. The complaint further states that Brandow took steps to delete Myrick’s email and social media accounts at Myrick’s instruction. Brandow also facilitated a three-way call between herself, Myrick and a victim. During the call, Myrick threatened the victim not to speak to investigators.
Myrick is accused of engaging in both online and sexual relationships with numerous minor females. When the relationships ended, Myrick cyberstalked, harassed, and threatened the minor females and their families with both physical and psychological harm. Myrick communicated with and sexually exploited at least seven victims primarily through Facebook, Snapchat, and Instagram.
Members of the public who have information related to this case are asked to contact the Chautauqua County Sherriff’s Office at 716-753-4973, the Homeland Security Investigations Tip Line at 716-464-6070, or [email protected].
The criminal complaint is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; the Jamestown Police Department, under the direction of Chief Timothy Jackson; and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Going to Prison for 10 Years for Selling Heroin Linked to the Death of A Hamburg Man, Also Ordered to Pay Restitution for Funeral ExpensesRead 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 Brennen Bryant, Jr., 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, cocaine, and 10 grams or more of butyryl fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge John L. Sinatra, Jr. Bryant was also ordered to pay restitution for the funeral expenses of the overdose victim in this case.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that on March 23, 2018, Bryant and co-defendant Tyrone Green sold fentanyl to an individual who was later found deceased in the Town of Hamburg. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Bryant and Green as the decedent’s suppliers. Subsequent investigation revealed that between October 2017 and January 2018, the New York State Police made numerous controlled purchases of butyryl fentanyl, fentanyl, cocaine, and heroin from both Bryant and Green.
Tyrone Green was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Hamburg Police Department, under the direction of Chief Kevin Trask, the Drug Enforcement Administration, under the direction of Acting Special-Agent-in-Charge Timothy Foley, the New York State Police, under the direction Major James Hall, and the Orchard Park Police Department, under the direction of Chief Joseph Wehrfritz.
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U.S. Attorney Ross Marks the End of Human Trafficking Awareness Month with an Appeal to the PublicRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross is marking the end of Human Trafficking Awareness Month with a call to action for the community. “It’s extremely important to encourage awareness and shine a light on the victimization and tragic consequences of human trafficking, however, it’s not an effort that should be limited to just one month a year,” stated U.S. Attorney Ross, who served as the lead prosecutor of the Western District of New York Human Trafficking Task Force for approximately eight years.
Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. According to the U.S. State Department, there are an estimated 24.9 million people - adults and children - subjected to human trafficking around the world, including here in the United States.
Signs that someone may be the victim of sex or labor trafficking include:
• Living with employer
• Poor living conditions
• Multiple people in cramped space
• Inability to speak with others alone
• Answers appear to be scripted and rehearsed
• Employer is holding identity documents
• Signs of physical abuse
• Submissive or fearful
• Unpaid or paid very littleU.S. Attorney Ross further stated, “For eight years as the lead prosecutor of the Human Trafficking Task Force, I worked with victims of both sex and labor trafficking, building cases against the traffickers, and I saw firsthand the devastating impacts that human trafficking has on the lives of victims and communities. I encourage everyone to know the signs of trafficking and ask questions. If you suspect someone is being coerced into sex or labor acts, please act by calling the local authorities or the National Human Trafficking Hotline. Together, we can make a positive difference.”
If you are a victim of human trafficking or know someone who may be, call the National Human Trafficking Hotline at 1-888-373-7888. Additional resources can be found at https://humantraffickinghotline.org/
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Olean Man Arrested, Charged with Making Interstate ThreatsRead 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 Luke Marshall Wenke, 29, of Olean, NY, was arrested and charged by criminal complaint with making threats to injure another person in interstate commerce. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Charles M. Kruly and David J. Rudroff, who is handling the case, stated that according to the criminal complaint, on September 3, 2020, an acquaintance of Wenke’s in Minneapolis, Minnesota, was arrested and charged federally with conspiracy to provide material support and resources to Hamas. On September 22, 2020, Wenke began sending a series of threatening communications via email and telephone to Victim 1, an attorney representing the individual arrested. The complaint states that Wenke believes that Victim 1 is not appropriately representing the individual. In an email, on January 23, 2022, Wenke stated in part: “I will gladly take a steel chair to your face until I get what I want here. You don't respect me...but you will.” Wenke sent another email on January 24, 2022, which contained a photograph of Victim 1’s residence.
Wenke is being held pending a detention hearing today at 3:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia and the Olean Police Department, under the direction of Chief Ron Richardson.
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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