Western District of New York
Press releases recorded for this federal judicial district.
California Man Arrested at the Peace Bridge with over One Half-Ton of Marijuana Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Xiao Liu, 27, a resident of Canada, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute 100 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that on January 10, 2021, a Customs and Border Protection Officer encountered the defendant in the commercial truck processing lane at the Peace Bridge Port of Entry. Liu was driving a commercial truck bearing Ontario license plates and stated that he was hauling a shipment of wax. The officer asked the defendant to open the sleeper cab curtain, which he did, but only partially. Unable to see inside, the officer again asked Liu to open the curtain and back up a few feet so he could see into the sleeper cab. Liu complied and the officer observed black bags filling the sleeper cab from the floor to the ceiling. When questioned, the defendant stated that the bags belonged to a friend and he was taking them to Buffalo. Liu was referred to X-ray inspection for further processing.
A scan of the tractor trailer revealed a large anomaly in the bunk area of the tractor. An officer then physically inspected the tractor cab. Upon entering the cab, the officer immediately detected a smell consistent with marijuana, and observed hockey bags stacked from the floor to the ceiling in the bunk area of the tractor cab. The officer opened one bag and noticed multiple vacuum sealed bags of a green leafy substance, suspected to be marijuana. Liu was taken into custody at that time. CBO officers then offloaded a total of 30 hockey bags which included 1,139 vacuum sealed bags of suspected marijuana.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for December 3, 2021, before Judge Vilardo.
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Buffalo Man Going to Prison for More Than 21 Years for His Role in A Gun Trafficking Conspiracy That Brought More Than 100 Illegal Guns to the Streets of BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Titus Thompson, Jr., 38, of Buffalo, NY, who was convicted following a federal jury trial of conspiracy to traffic firearms from Ohio to Buffalo, unlawful dealing in firearms, being a felon in possession of firearms, and maintaining a drug involved premises, was sentenced to serve 262 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
“During my tenure as U.S. Attorney, this Office, together with our partners in federal, state, and local law enforcement, has worked tirelessly to keep our community safe by consistently and aggressively targeting not only those who use guns to commit crimes but also those who flood our streets with these illegal guns,” stated U.S. Attorney Kennedy. “Not only did this defendant illegally obtain guns, but he also served as an accomplice to all of those who used the illegal guns he provided to commit crimes. As such, he deserves every second of the lengthy sentence imposed by Chief Judge Wolford.”
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that during the course of the conspiracy, co-defendant Deonte Cooper, who also sold heroin, recruited heroin customers to make straw purchases of more than 100 firearms. The purchases were made at gun shows and gun stores in Ohio. The firearms were then transported to Buffalo, where they were sold to local drug dealers, including Titus Thompson.
On May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives, and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which were utilized by Titus Thompson. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment. Thompson has two previous felony convictions and was legally prohibited from possessing firearms.
Deonte Cooper was also convicted at trial and sentenced to serve 60 months in prison.
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
# # # #Milla Gangsta Bloods Gang Member Going to Prison for 20 Years on Multiple Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Myers a/k/a Stretch, 29, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, and 280 grams or more of crack cocaine, was sentenced to serve 20 years in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joel L. Violanti, who handled the case, stated that the defendant has been in custody at the Niagara County Jail pending the resolution of two separate federal indictments. While at the Niagara County Jail, Myers, in early 2020, made arrangements for kilogram quantities of heroin to be delivered to Buffalo from both North Carolina and California. In May of 2020, the DEA also seized quantities of cocaine as well as a package containing 3,000 pills of suspected fentanyl/Percocet from individuals who were conspiring with defendant. During recorded jail calls, defendant discussed such seizures with his co-conspirators.
On June 4, 2020, a package was delivered to one of defendants coconspirators who then left his residence carrying a white plastic bag and drove away in his vehicle. Law enforcement officers attempted to conduct a vehicle stop, but the coconspirator sped away and engaged in a high-speed chase, eluding officers for approximately a mile on Route 33. During the chase, the coconspirator, who was eventually arrested on state charges, threw a plastic bag from his window. After being released from custody, the coconspirator drove to the area where he discarded the plastic bag; however, the plastic bag was replaced by investigators with a “sham” package of narcotics. On July 14, 2020, the co-conspirator was taken into custody on a federal arrest warrant. A search warrant was executed at his residence on East Lovejoy Street in Buffalo and on his car. Investigators recovered suspected cocaine, a scale, mixing bowl, bottles of cutting agents, gloves, plastic bags for packaging, and a hydraulic press.
Previously, between February and July of 2015, the defendant, along with several others, distributed crack cocaine base throughout the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. During this same time, Myers would supply the crack cocaine to his co-conspirators for further re-sale. In addition, while pending sentencing on his 2015 case, between August 9 and August 23, 2018, the defendant conspired to sell butyryl fentanyl to an undercover police officer on two separate occasions.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti.
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Armed Drug Trafficker Going to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alton Dunn, 31, of Rochester, NY, who was convicted of possessing with intent to distribute marijuana and possession of a firearm and ammunition by a convicted felon, was sentenced to serve 72 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on July 31, 2018, after officers from the Rochester Police Department, who were patrolling the area of Child Street in Rochester, saw a Lincoln Navigator with a license plate cover obscuring the vehicle’s license plate. Officers pulled the Navigator to the side of the road, approached the vehicle, and identified Dunn, who had been convicted of Robbery in the Second Degree in 2007, as the driver. Officers also learned he did not have a valid driver’s license. After ordering him to exit the Navigator, officers searched the defendant and found a small plastic vial of marijuana in his pocket. Officers could also smell marijuana coming from inside the vehicle. During a search of the vehicle, a loaded semiautomatic handgun, with a defaced serial number, and a bag containing 41 vials of marijuana were recovered. Dunn admitted that he intended to distribute the marijuana.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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U.S. Attorney Announces Results of First 2 Weeks of Federal Violence Prevention and Elimination Response (VIPER) Task ForceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today the results of the first two weeks of the Federal Violence Prevention and Elimination Response (VIPER) Task Force, a 60-day surge aimed at removing violent gun offenders from the streets of Rochester and Buffalo to enhance public safety and reduce violent crime. For the period between July 7 and July 22, 2021, the following combined results were achieved in Rochester and Buffalo through VIPER:
• Total Arrests – 138
o Firearm Related Arrests - 45
o Narcotics Related Arrests - 45
o Violent Felony Arrests - 38
• Total Illegal Firearms Seized - 22
• Defendants Adopted for Federal Prosecution - 15 (with 21 additional defendants currently under review for federal prosecution).“All residents in both Rochester and Buffalo deserve, and are entitled, to feel safe in their own homes,” stated U.S. Attorney Kennedy. “Our efforts are designed to remove the worst of the worst from the streets of our communities, and the guns from their hands, so that residents can do just that. The tremendous coordination between federal, state, and local law enforcement combined with the outstanding cooperation we have received from the community have combined thus far to produce some pretty remarkable results.”
Representative Investigations and Federal Prosecutions in both Rochester and Buffalo:
Among the cases charged federal in Rochester, NY, was Raquon Lewis, 24, of Rochester, NY, who was charged by criminal complaint with two separate incidents of being a felon-in-possession of a firearm. According to the criminal complaint, on June 24, 2021, at approximately 2:00 p.m., Rochester Police Officers responded to a call for multiple “shots fired” in the area of the North Union Street/Lays Alley/Weld Street. Prior to the call, numerous civilians were congregating in the area for the funeral procession/celebration of life for 26-year-old Lavar Beard, who was murdered there two days earlier. Given heightened tensions surrounding the murder, several Rochester Police officers were already assigned to the area to monitor the gathering and personally heard multiple gunshots being fired. The eruption in gunfire resulted in at least one person being struck with non-life threatening injuries. At least two firearms were recovered at the scene, as well as numerous casings.
Immediately prior to these gunshots, defendant Lewis was observed, via city blue light cameras, standing with others in front of “Awsan Grocery,” located at the intersection of North Union and Weld Streets, facing east. Another male walked up behind Lewis and pointed a gun point-blank at Lewis’ head. As a result, everyone in the area, including Lewis, fled the area in all directions. Lewis was observed running behind the store and west bound on Weld Street to his vehicle. As Lewis was running, he collided with several other individuals who were involved in the melee, causing him to fall to the ground near the rear of his car. As he fell, Lewis dropped a 9mm semiautomatic pistol loaded with 18 rounds of ammunition.
On July 16, 2021, a search warrant was executed at Lewis’ residence on Travers Circle in Rochester. During the search, investigators found a loaded 9mm pistol in a couch where Lewis had been sitting. Investigators also recovered approximately $2,395 in cash on Lewis’ person. In addition, quantities of crack cocaine, cocaine, and three electronic scales were also recovered. In 2013, Lewis was convicted of Attempted Criminal Possession of a Weapon in New York State Court and is legally prohibited from possessing a firearm.
In Buffalo, Michael Johnson, 43, of Buffalo, NY, was charged by criminal complaint with possession with intent to distribute fentanyl, possession of a firearm in furtherance of drug trafficking crimes and being a felon in possession of a firearm. According to the criminal complaint, On July 21, 2021, investigators from the Erie County Sheriff’s Office and Buffalo Police Intelligence Unit set up surveillance in the vicinity of the defendant’s Rogers Avenue residence and observed Johnson carrying a blue shopping bag out of the residence and entering the front passenger seat of a vehicle bearing Ohio plates. Law enforcement executed a traffic stop and Johnson initially provided a false name. Johnson was ordered out of the vehicle but refused and struggled with law enforcement. While law enforcement attempted to remove the defendant, officers observed the blue shopping bag inside the vehicle. During a search of the vehicle, investigators recovered a loaded 9mm handgun from inside the blue shopping bag, approximately 28 grams of suspected fentanyl, ammunition, unidentified pills, and a digital scale. Investigators then executed a search warrant at Johnson’s Rogers Avenue residence and recovered a revolver, ammunition, and a digital scale. In March 2008, Johnson was convicted in Albany County Court of Attempted Criminal Sale of a Controlled Substance in the 3rd Degree, and as a result is legally prohibited from possessing a firearm.
The VIPER Task Force involves enhanced information sharing, enhanced proactive investigations and prosecutions, and the improvement relations between the community and law enforcement.
Members of the VIPER Task Force include the United States Attorney’s Office, under the direction U.S. Attorney James P. Kennedy, Jr.; 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 United States Marshals Service, under the direction of Marshal Charles Salina; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division. VIPER Task Force members in Rochester also include: the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan. VIPER Task Force members in Buffalo also include: the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Chief Byron Lockwood.
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Local 394 Union Leader Pleads Guilty to EmbezzlementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Donald Snyder, 50, of Akron, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to embezzlement by union officials. The charge carries a maximum penalty of five years in prison, and a fine of $250,000.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that between October 2013 and November 2019, the defendant served as president of the International Association of EMTs and Paramedics, Local 394, a labor organization affiliated with the National Association of Government Employees (NAGE) and Service Employees International Union (SEIU). Local 394 represents approximately 200 private sector employees of Twin City Ambulance in Amherst, NY. During his time as President of Local 394, Snyder embezzled approximately $94,649.85 in funds belonging to Local 394. The defendant did so by writing checks payable to himself, writing checks payable to cash, which he endorsed and withdrew, and making unauthorized bank withdrawals. None of the funds stolen by Snyder were used for a legitimate union purpose, all were used for the defendant’s personal benefit.
The plea is the result of an investigation by the U.S. Department of Labor, Office of Labor Management Standards, under the direction of the Boston-Buffalo District Director Jonathan Russo.
Sentencing is scheduled for November 17, 2021, at 4:00 p.m. before Judge Sinatra.
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Wyoming County Man Indicted on Charges of Transportation and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned and indictment charging Shayne M. Hildreth, 40, of Bliss, NY, with transportation and possession of child pornography. The charges carry a minimum penalty of five 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 according to the indictment and a previously filed complaint, in February 2018, the Aurora-Marionville Police Department in Lawrence County, Missouri was dispatched to an address in Aurora, Missouri based on a report of a past sexual assault involving a 15-year-old Minor Victim (MVI). MVl stated that she was molested by the defendant over the past several years in the states of New York, Colorado, and Missouri. MVl stated that she had previously found child pornography, including surreptitiously recorded images of herself, on Hildreth’s cellular phone and laptop computer. On February 24, 2018, Aurora-Marionville Police encountered the defendant and seized a cellular telephone found in his possession. On March 2, 2018, during the execution of a search warrant on the phone, three images of child pornography were recovered.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The indictment is the result of an investigation by the Aurora-Marionville Police Department, under the direction of Chief Richard Witthuhn, and Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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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Canadian Man Pleads Guilty for His Role in International Marijuana ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ranjodh Singh, 22, of Canada, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute, and distributing, 100 kilograms or more of marijuana. 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 Misha A. Coulson, who is handling the case, stated that the defendant conspired with others, with others, including Amanpreet Gill, to distribute marijuana. In December 2020, Singh’s co-conspirators purchased and arranged for a shipment of marijuana from Canada to be delivered to Smartway Associates in Somerset, NJ. Unbeknownst to the defendant and his co-conspirators, on December 1, 2020, the shipment was intercepted by Customs and Border Protection (CBP) at the Peace Bridge Cargo Facility and was searched. Contained within the shipment was a large quantity of marijuana packaged in vacuum sealed bags.
Subsequently, investigators conducted a controlled delivery operation. A silver vehicle, driven by Singh, was observed following the shipment of marijuana and was observed at the two warehouses where the shipment was temporarily stored. After the shipment of marijuana reached its final destination and law enforcement secured the warehouse, the defendant arrived at the warehouse. Investigators seized a cell phone from the defendant which contained videos showing him identifying law enforcement personnel while he was driving around the warehouses.
Charges remain pending against defendant Gill. 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 plea is the result of an investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Niagara County Sheriff’s Office, under the direction of Sheriff Michael J. Filicetti; and the North Tonawanda Police Department, under the direction of Chief Thomas E. Krantz.
Sentencing will be scheduled at a later date.
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Wyoming County Man Pleads Guilty to Attempting to Have Sex with an 11-Year-Old GirlRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Hays, 42, of Bliss, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to attempted receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that during April and May of 2021, the defendant engaged in sexually explicit online and text communications with an individual who he believed to be an 11-year-old girl. In reality, the child was an undercover New York State Police Investigator working with the Department of Homeland Security. During the conversations, Hays discussed having sex with the child, and asked the child to produce and send to him naked photographs. On May 11, 2021, the defendant traveled approximately two hours from Bliss to the child’s home in the Western District of New York, in order to have sex with the child. Hays was arrested upon his arrival at the meeting place, at which point he was found to be in possession of candy that he purchased as a gift for the child.
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 Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for October 19, 2021, before Judge Geraci.
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Rochester Man Pleads Guilty to Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derek Torres a/k/a Bebe, 22, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to conspiring to possess with intent to distribute 40 grams or more of fentanyl. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between July and November 28, 2018, the defendant conspired with others to distribute cocaine, heroin, and fentanyl in the area of Wilkins Street in Rochester. On July 18, 2021, Torres sold 10 wax envelopes containing heroin and fentanyl and 10 zip-loc baggies containing cocaine, to an undercover law enforcement officer in exchange for $200 in cash.
The plea is the result of an investigation by the New York State Police, under the direction of Major Barry Chase; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for September 27, 2021, at 3:00 p.m. before Judge Larimer.
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Jamestown Man Going to Prison for 30 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 James P. Kennedy, Jr. announced today James A. Chapman a/k/a Fatz Guy a/k/a Perverted Doe, 40, of Jamestown, NY, who was convicted of production and possession of child pornography, was sentenced to serve 30 years in prison and life supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on November 24, 2014, Chapman and Victim 1 communicated via Facebook Messenger about engaging in sexual activity. During the communications, the defendant offered to pay Victim 1 and one of her friends $60 each to have sex with him. Victim 1 stated that she was 16-years-old and that her friend was the same age. Later that evening, Victim 1 and Victim 2 went to Chapman’s residence in Jamestown, and the defendant engaged in sexual intercourse with them, after which Chapman paid each victim $60.
Following the sexual activity, the defendant used his cellular telephone to take a picture of Victim 1 and Victim 2 completely nude sitting on his bed. A review of Chapman’s Facebook accounts revealed that he then distributed the photograph, which constitutes child pornography, to four other individuals.
Subsequently, on April 7, 2017, the defendant began communicating with Victim 3, who was 17-years-old, through Facebook. During their communications, Chapman requested and received a sexually explicit image of Victim 3. The defendant then sent the image, which constitutes child pornography, to another individual. In addition, Chapman sent Victim 3 the sexually explicit image he took of Victim 1 and Victim 2.
“Thanks to this sentence, the defendant will not be able to victimize or sexually exploit minors for the next three decades,” noted U.S. Attorney Kennedy. “Working with our partners at every level of law enforcement, my Office will continue do all that we can to ensure that the most vulnerable members of our community are protected from those who seek to do them harm.”
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 Jamestown Police Department, under the direction of Chief Timothy Jackson.
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Buffalo Man Arrested Following Traffic Accident on Drug and Gun Charge Going to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jarmaine Dunbar, 44, of Buffalo, NY, who was convicted of possessing a firearm in furtherance of a drug trafficking crime, was sentenced to serve 72 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Douglas A. C. Penrose and David J. Rudroff, who handled the case, stated that on October 10, 2020, the defendant was involved in a traffic accident at Leroy Avenue and Holden Street in Buffalo. When officers arrived on the scene, they observed a loaded, semi-automatic pistol on the front passenger seat of Dunbar’s car. When patting down the defendant, officers also retrieved a plastic bag containing cocaine.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Registered Sex Offender Arrested on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Bald, 40, of Lockport, NY, was arrested and charged by criminal complaint with possession of child pornography involving a prepubescent minor. The charge carries a minimum sentence of 10 years in prison, a maximum of 20 years, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that in November 2020, the National Center for Missing and Exploited Children (NCMEC) contacted the New York State Police (NYSP) after receiving a Cybertipline Report involving an image of a suspected sexual performance by a child. The NYSP contacted Homeland Security Investigations (HSI) and the image was traced to the residence of the defendant, who is a registered Level 2 sex offender following his March 2011 conviction for Sexual Abuse in the First Degree.
On December 15, 2020, the NYSP, Niagara County Probation, and HSI executed a state search warrant at the defendant’s Lockport residence. During the execution of the search warrant, several digital items were located and seized, including a laptop computer and hard drive. Analysis of those items revealed numerous files of suspected child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The complaint is the result of an investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the New York State Police, under the direction of Major James Hall, the Niagara County Probation Department, under the direction of Director John Cicchetti, and the National Center for Missing and Exploited Children.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jamestown Man Charged with EscapeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Jensen Vasquez, 35, of Jamestown, NY, with escape from custody. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment, defendant, in 2018, was sentenced to a term of imprisonment of 5 years as a result of his conviction on a federal narcotics charge. On April 28, 2021, the defendant escaped from the Community Resources for Justice, Lighthouse Buffalo Residential Reentry Center.
The U.S. Marshals Service took Vasquez back into custody on May 21, 2021.
Vasquez was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on July 15, 2021.
The indictment is the result of an investigation by the United States Marshals Service, under the direction of Special Agent-in-Charge Charles Salina.
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 First Defendant to Be Sentenced in Fentanyl Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Cook, 30, of Buffalo, NY, who was convicted of conspiracy to distribute fentanyl, was sentenced to serve 30 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that in October 2019, law enforcement began an investigation into the drug trafficking activities of the defendant and co-defendants Mark Greaman, Damone McNamee, Sr. and Brian Ray, in the area of Broadway Avenue and Strauss Street in Buffalo. Investigators made 40 controlled purchases of fentanyl, heroin, butyryl fentanyl, acetyl fentanyl, and furanyl fentanyl from all four defendants, including five controlled purchases from defendant Cook.
Co-defendants Mark Greaman, Damone McNamee, Sr. and Brian Ray were previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major James Hall, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Jamestown Man Pleads Guilty to Enticement of MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard LaFrance, 35, of Jamestown, NY, pleaded guilty, before U.S. District Judge John L. Sinatra, Jr., to enticement of a minor, which carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000.
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that the defendant, 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 the defendant 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 plea 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.
Sentencing is scheduled for November 9, 2021, at 4:00 p.m. before Judge Sinatra.
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Buffalo Man Who Attempted to Flee from Police Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Demetrius Parker, 38, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on October 10, 2017, an individual called 911 and reported a road rage incident that had occurred near the intersection of Hertel and Delaware Avenues in Buffalo. The caller (victim) reported that the driver of a green minivan had pulled alongside his vehicle, pointed a gun at him, and threatened to shoot him. The victim described the driver as a black male with a beard wearing a black hat, and the gun as a black handgun with a square-shaped nozzle and orange sights.
Approximately 30 minutes later, two Buffalo Police officers on patrol located the green minivan on Olympic Avenue in Buffalo and initiated a traffic stop after the minivan turned on to Alma Avenue. An officer approached the minivan being driven by the defendant. While speaking with the officer, Parker put the vehicle into gear and attempted to flee the scene with the officer hanging halfway in the vehicle. The minivan crossed Alma Avenue and drove up over the curb in front of a residence and came to a stop. Following a physical struggle, officers secured and detained the defendant.
Subsequently, officers recovered a loaded .45 caliber semi-automatic pistol, next to the driver's seat in the minivan. The victim was transported to the scene on Alma Avenue by officers and immediately identified the minivan as the vehicle involved in the road rage incident, and Parker was positively identified him as the driver who threatened him with a gun.
The defendant was previously convicted of Possession of a Weapon in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree in Erie County Court on March 30, 2006, and is legally prohibited from possessing a firearm.
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 Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for October 27, 2021, before Judge Arcara.
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Former Rochester CEO Pleads Guilty to Defrauding His Own CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Margiotta, 50, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to wire fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant was employed as the Chief Executive Officer of eHealth Global Technologies. In May 2011, as eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. HCNA was owned by the defendant’s wife. The agreement provided that HCNA would be compensated if candidates referred to eHealth were hired. Between June 2011, and January 2014, Margiotta caused HCNA to submit invoices for recruiting services to eHealth that he knew that HCNA had not provided. For instance, on April 19, 2013, HCNA submitted an invoice to eHealth requesting payment of $44,000 for recruiting an employee. HCNA had not recruited the employee, and defendant knew that HCNA was not entitled to be paid a recruiting fee for the employee. In total, Margiotta caused HCNA to prepare and submit fraudulent invoices for approximately 23 employees of eHealth that HCNA had not recruited totaling $380,960.
In addition, the defendant filed a false tax return for the year 2013, claiming income of $260,334, in actuality, his taxable income was $611,195.00, resulting in a tax loss to the IRS of $137,067.
The plea is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for October 28, 2021, at 9:30 a.m. before Judge Siragusa.
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Albion Man Indicted on Charges of Distribution and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a four count indictment charging Spencer Hart, 37, of Albion, NY, with three counts of distribution of child pornography and one count of possession of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut and Assistant U.S. Attorney Aaron J. Mango, who are handling the case, stated that according to the indictment, the distributed child pornography on March 17, June 21, and June 22, 2020. In addition, on July 16, 2020, Hart possessed a hard drive containing an image of child pornography involving a prepubescent minor under the age of 12. The defendant was previously convicted on a state charge involving possession of child pornography.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on July 14, 2021, at 10:00 a.m.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Federal Bureau of Investigation, Buffalo and Rochester Offices, 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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One Man Pleads Guilty, Another Sentenced for Their Roles in Buffalo Area Drug RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antoine Gilbert a/k/a Twan, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to narcotics conspiracy, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. In addition, Ronnie Charleston, also of Buffalo, who was convicted of possessing with intent to distribute cocaine, and being a felon in possession of ammunition, was sentenced to serve 18 months in prison by Judge Arcara.
Assistant U.S. Attorneys Laura A. Higgins and Richard Antoine, who are handling the case, stated that Antoine Gilbert conspired with co-defendants Ronnie Charleston, Louis Gilbert, and Saan Thompson to sell cocaine in the City of Buffalo. On 18 different occasions between December 21, 2019, and March 13, 2020, Antoine Gilbert purchased approximately 75 ounces of cocaine from Thompson. On August 5, 2020, investigators executed a search warrant at Antoine Gilbert’s Wecker Street residence and seized cocaine, crack cocaine, marijuana, $2,050 in U.S. currency, a digital scale, four cell phones, and, a computer.
As to defendant Charleston, on six separate occasions between December 2019 and January 2020, he purchased approximately 49 grams of cocaine from co-defendant Thompson. On August 5, 2020, investigators executed a search warrant at Charleston’s Lisbon Avenue residence and seized approximately 1,500 rounds of assorted ammunition, three firearm magazines, $5,000 U.S. currency, approximately 12 grams of cocaine, and three digital scales. In 2006, the defendant was convicted in state court of Criminal Possession of a Loaded Firearm – Third Degree and is legally prohibited from possessing ammunition.
Saan Thompson and Louis Gilbert were previously convicted and are awaiting sentencing.
The plea and sentencing are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Antoine Gilbert is scheduled to be sentenced on October 14, 2021, before Judge Arcara.
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Leader of Violent Rochester Drug Ring Convicted by Federal Jury of Drug Conspiracy, Gun Charge and MurderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury convicted Carlos Javier Figueroa a/k/a Javi, a/k/a Big Bro, 43, of Rochester, NY, of narcotics conspiracy, possession and discharge of firearms in furtherance of a drug trafficking crime, and murder while engaged in narcotics conspiracy. The charges carry a mandatory minimum penalty of 30 years in prison and a maximum of life in prison.
“The drug trafficking and violence inflicted on the streets of Rochester by this defendant and his co-conspirators is similar to the violence the city is experiencing today,” stated U.S. Attorney Kennedy. “Let this conviction of Carlos Javier Figueroa and his co-defendants serve as a warning, ‘we took down their organization, prosecuted its members and convicted them, and we will do the same to any other criminal engaging in similar behavior.’”
Assistant U.S. Attorneys Robert A. Marangola, Cassie M. Kocher, and Katelyn M. Hartford, who handled the prosecution of the case, stated that the defendant was the leader of a Rochester-based drug trafficking organization responsible for distributing many kilograms of cocaine in the City of Rochester. The organization was involved in the transportation and sale of cocaine and was also responsible for acts of violence in furtherance of the organization’s drug trade. These acts of violence included the September 12, 2016, shooting death of Walter Ross at the corner of Burbank Street and North Clinton Avenue. The Government presented evidence at trial that Figueroa provided the 9mm handgun that co-defendant Jonathan Cruz-Carmona used to murder Walter Ross. The gun was also used by co-defendant Obed Torres Garcia to shoot at police officers on Burbank Street when they attempted to raid Figueroa’s residence on January 29, 2018.
Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics. Figueroa coordinated shipments of cocaine from Puerto Rico, which were sent to locations in Rochester via the United States Postal Service (USPS). Once the packages arrived in Rochester, the cocaine was broken down and packaged for sale. On January 29, 2018, during the execution of state search warrants, investigators seized more than $700,000 in cash, six assault rifles, three loaded handguns, over four kilograms of cocaine, and a quantity of suspected heroin and fentanyl.
A total of 12 defendants were charged in this case, 11 have been convicted. The final defendant, Xavier Torres a/k/a Pistolita, is scheduled to go to trial on October 12, 2021. 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.
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 verdict is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Greater Rochester Area Narcotics Enforcement Team (GRANET), under the direction of Lieutenant Robert Hill; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greece Police Department, under the direction of Chief Andrew P. Forsythe; and U.S. Border Patrol, under the direction of Acting Chief Patrol Agent Andrew Scharnweber.
Sentencing is scheduled for October 7, 2021, at 3:00 p.m. before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial of the case.
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Statement of United States Attorney James P. Kennedy, Jr.Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051This Office and our federal partners remain in regular contact with the leadership of both the Buffalo and Rochester Police Departments as well as both the Erie County and Monroe District Attorney’s Offices, as we assist them in addressing the increasing violence, gun crimes, and homicides we are experiencing in both cities. District Attorney Sandra Doorley and I are meeting with Rochester Police Chief Herriott-Sullivan tomorrow morning to discuss how increased federal prosecutions and resources might help to address the problem there. Similar discussions are and have been ongoing with both the BPD and District Attorney Flynn here in Buffalo. On Thursday, I am convening a meeting of federal agency heads in the District, including the ATF, DEA, FBI, HSI, and the USMS, so that we can fine-tune our federal strategy and response, which we will publicly announce next week.
# # # #Georgia Woman Going to Prison for Providing Local Gang Members with Illegal GunsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brittany Hutcherson, 30, of Lawrenceville, GA, who was convicted of transferring firearms to an out-of-state resident, was sentenced to serve six months in prison by U.S. District Judge John L. Sinatra Jr.
“Though theirs may not be the finger that pulls the trigger, straw purchasers, such as this defendant, help to put guns in the hands of criminals who use them for bad purposes,” noted U.S. Attorney Kennedy. “As such, they are deserving of federal criminal prosecution and being locked-up in federal prison right alongside those trigger pullers who they helped to arm.”
Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that on April 22, 2016, the defendant, a Georgia resident, purchased four firearms from Deaton’s Gun Shop, Inc. in Loganville, Georgia. Between April 22 and July 17, 2016, Hutcherson gave two of the firearms to an individual living in New York State who was a member of the BFL/CBL gang. The defendant knew the individual was a member of the gang and knew it would be unlawful for that individual to possess a firearm in New York State.
On July 17, 2016, Cheektowaga Police Officers conducted a traffic stop of the car Larell Watkins was driving. In the trunk of that vehicle was one of the firearms purchased by Hutcherson on April 22, 2016. Watkins was subsequently convicted for his role in the criminal activities of the BFL/CBL Gang.
On July 29, 2016, another one of the firearms purchased by the defendant was recovered by Buffalo Police Officers from Maurice Rice, another convicted CBL/BFL gang member.
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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Former Branch Manager Charged with Bank FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Derline Cunningham, 60, of Greece, NY, was arrested and charged by criminal complaint with bank fraud and conspiracy to commit bank fraud. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from July 2014 to March 2017, the defendant was employed as a bank branch manager, initially at Bank of America and later at Citizens Bank. One of Cunningham’s largest clients was Lucian Development, including Perry Santillo, Christopher Parris, and various entities they controlled, through which they are alleged to have operated a massive, decade-long Ponzi scheme. At the behest of Lucian Development, the defendant repeatedly lied to another bank, which extended millions of dollars of revolving credit to Santillo and Parris, regarding the extent of their assets. Santillo and Parris used the credit to finance the operations of their Ponzi scheme, and but for their access to such credit, the scheme would have collapsed years earlier. The victim bank ultimately lost approximately $335,968 to Santillo and Parris.
Cunningham made an initial appearance today before U.S. Magistrate Judge Mark W. Pedersen was released.
The criminal complaint is the result of an investigation by United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Joshua W. McCallister of the Boston Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Nikitas Splagounias, Acting Special Agent-in-Charge, New York Region; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; the Federal Deposit Insurance Corporation, Office of Inspector General, under the direction of Shimon Richmond, Special Agent-in-Charge Mid-Atlantic Region, and Patricia Tarasca, Special Agent-in-Charge New York Region; and the Securities and Exchange Commission.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Cheektowaga Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that James Neyerlin, 36, of Cheektowaga, NY, pleaded guilty before U.S. District Judge John L. Sinatra to possession of child pornography. The charge carries a maximum penalty of 20 years in prison and $250,000 fine.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that on August 2, 2019, a search warrant was executed at the defendant’s home and several electronic devices were seized. A review of the devices recovered approximately 7,284 images of child pornography, including images of prepubescent minors under the age of 12 engaged in sexually explicit conduct. Neyerlin used the peer-to-peer application BitTorrent to acquire and share videos of 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 Town of Tonawanda Police Department, under the direction of Chief James Stauffiger; and the Town of Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
Sentencing is scheduled for October 28, 2021, at 4:00 p.m. before Judge Sinatra.
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Buffalo Man Going to Prison for More Than 22 Years for Selling Fentanyl That Led to Five DeathsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Moore, 43, of Buffalo, NY, who was convicted of distribution of fentanyl causing death, was sentenced to serve 270 months in prison by U.S. District Judge Lawrence J. Vilardo.
“Robert Moore admitted to selling heroin and fentanyl that cut short the lives of five individuals,” stated U.S. Attorney Kennedy. “This Office has been laser focused on targeting those who distribute drugs that kill others, and we will maintain that focus and use all available resources to serve as seekers of justice for those that are no longer with us and guardians for those that are. That's what law enforcers do.”
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between February 2015 and March 16, 2017, the defendant worked with his brother Reese Moore, Kevin Abernathy, Joshua Levine, and others to distribute heroin and fentanyl in the City of Buffalo and surrounding suburbs. Robert Moore used cell phones to schedule meetings in and around Buffalo where he personally distributed quantities of heroin and fentanyl. When the defendant was not available, he sent co-defendants Reese Moore and Kevin Abernathy to sell the heroin and fentanyl to customers. Joshua Levine was a customer of Robert Moore who used the heroin and fentanyl, but also re-distributed quantities for profit to other users.
Robert Moore pleaded guilty to selling the heroin and fentanyl that caused the death of one individual, but he also admitted to selling the heroin and fentanyl that led to the overdose deaths of four other individuals.
• On May 15, 2015, defendant Moore distributed heroin and fentanyl to another individual who used the heroin and fentanyl with J.J., and J.J. died as a result of ingesting the heroin and fentanyl defendant Moore supplied.
• On March 12, 2016, defendant Moore distributed heroin and fentanyl to others, who provided it to S.S. S.S. used the heroin and fentanyl and died as a result of using the heroin and fentanyl defendant Moore supplied.
• On March 15, 2016, defendant Moore distributed fentanyl to others, who provided it to J.P. J.P. used the fentanyl and died as a result of using the fentanyl defendant Moore supplied.
• On January 8, 2017, defendant Moore distributed fentanyl to another person, who provided it to C.G. C.G. used the fentanyl and died as a result of using the fentanyl defendant Moore supplied.
• On February 18, 2017, defendant Moore distributed heroin and fentanyl to Joshua Levine who distributed a quantity of the heroin and fentanyl to B.G. B.G. used the heroin and fentanyl and died as a result of using the heroin and fentanyl supplied by defendant Moore and Joshua Levine.On November 27, 2015, Robert Moore’s vehicle was stopped by Buffalo Police. Officers seized 15 bags of heroin and seven bags of butyryl and $1000 in U.S. currency. During the course of the investigation, law enforcement officers from the Amherst, Lancaster, and the Buffalo Police Departments, and the New York State Police and DEA, conducted 11 controlled purchases of fentanyl and butyryl fentanyl from Robert Moore.
Robert Moore was arrested on March 16, 2017, at which time law enforcement officers searched his residence on Glenwood Drive in Williamsville, NY. Investigators seized 202 bags of fentanyl and numerous cellular telephones, including the cell phone Kevin Abernathy used to make sales of heroin and fentanyl to Robert Moore's customers. The search also resulted in the seizure of items the defendant obtained as a result of his heroin and fentanyl distribution activities, including assorted valuable pieces of jewelry and a 2009 Audi S5 Quattro. Moore has forfeited the jewelry, valued at over $450,000, seized during the search of his residence, and the 2009 Audi Quattro. In addition, he will pay a $100,000 money judgment.
Reese Moore, Kevin Abernathy, and Joshua Levin were previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief Scott P. Chamberlin; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Mary Clark, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Chief Steven Abbott; the Depew Police Department, under the direction of Chief Jerome Miller; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff Michael J. Filicetti; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
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Rochester Resident Who Posted Molotov Cocktail Recipe on Social Media During Protests Pleads Guilty to Civil DisorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ryan Howe a/k/a Rylea Autumn, 27, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to civil disorder. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that in September 2020, there were violent protests and riots in Rochester over the deaths of George Floyd and Daniel Prude. In addition, on September 23, 2020, the Kentucky Attorney General announced that a grand jury had declined to indict police officers in relation to the death of Breonna Taylor. In the wake of the Kentucky Attorney General’s announcement, several members of the public – including people and groups in Rochester – expressed their disagreement with the decision not to charge the officers and declared their intention to protest in the evening on September 24, 2020. Through social media, several of these individuals expressed, in sum and substance, a desire to burn down the City of Rochester. A group of approximately 250 people protested in the streets of Rochester in the evening on September 24, 2020. Rochester Police Department officers were present at the protest for the purposes of, among other things, ensuring the safety of protesters and the public, and protecting property from damage.
On September 23, 2020, the defendant posted a message to Facebook, which included a link to an article about the grand jury’s decision not to indict certain officers in the Breonna Taylor case and the statement, “Burn this shit to the (expletive) ground.” The next day, on September 24, 2020, Howe posted a message to Facebook, which read, “Good morning to everyone ready to burn this whole (expletive) country to the ground!” That same day, at approximately 8:32 a.m., the defendant also posted a message on his Facebook account that included a recipe for a Molotov cocktail and guidance on how to use one against police officers.
The plea is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County Sheriff’s Department, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan.
Sentencing is scheduled for October 4, 2021, at 10:15 a.m. before Judge Siragusa.
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Fentanyl Dealer Going to Prison for More Than 10 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Devonnte White, 29, of Huntersville, North Carolina, who was convicted of possessing with intent to distribute 400 grams or more of fentanyl, was sentenced to serve 121 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Robert A. Marangola, who handled the case, stated that the defendant was arrested January 15, 2021, following the execution of a federal search warrant at an apartment on Court Street in Rochester. When law enforcement officers entered the apartment, which was occupied only by White, the defendant dropped two bags of fentanyl to the floor. Investigators recovered a total of 1.5 kilograms of fentanyl, 979 grams of cocaine, and 571 grams of heroin from inside the apartment, as well as scales, bags, diluents for processing narcotics for distribution, five cell phones, and $3,954 in U.S. currency.
The sentencing was the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Blasdell Man Arrested After Investigators Recover Thousands of Images and Videos of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Kostelny, 55, of Blasdell, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography, which carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that the between June 19 and June 23, 2020, a Homeland Security Investigations Special Agent, who was engaged in a Peer-to-Peer investigation online, downloaded 1,346 files of suspected child pornography from an IP address traced to the defendant.
On August 14, 2020, HSI Special Agents executed a search warrant at Kostelny’s residence and seized 49 electronic devices, including a laptop and hard drive. Forensic analysis of the 49 seized items recovered 8,018 images and 686 videos of suspected child pornography. Some of the images depicted children as young as three-years-old subjected to sexually explicit situations.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Pawn Shop Owner Pleads Guilty to Selling More Than A million Dollars Worth of Stolen GoodsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Nary, 39, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to transportation of stolen goods in interstate commerce. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant owned and operated Rochester Pawn & Gold (RPG), a pawnshop located on Dewey Avenue in Rochester. Between January 2015 and November 2019, Nary purchased stolen goods and merchandise from individuals that he knew were engaged in unlawful shoplifting from Rochester area retail stores. The stolen items were taken from various stores, including Lowes, Home Depot, Target, Walmart and Wegmans, and then sold to RPG for a fraction of the true retail value. The defendant then listed the stolen goods for sale on eBay and Amazon, including to buyers located outside of New York State. The goods were advertised as “New” or “New-In-Box” and priced below retail value, although the price was well in excess of what Nary paid those that stole the items. The defendant sold and shipped more than $1,500,000 worth of stolen goods to buyers.The defendant was charged in November 2019 along with co-defendants Eric Finnefrock and Ralph Swain, who were both previously convicted and are awaiting sentencing.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Greece Police Department, under the direction of Chief Andrew P. Forsythe; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing will be scheduled at a later date.
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Niagara Falls Man Pleads Guilty for His Role in Marijuana ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marquies McTyere, 30, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute, and distributing, 100 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that sometime in August 2020, the defendant and co-conspirators Samuel Zito and Alexander Schieppati, arranged for a shipment to be delivered to Freightboy Logistics in Niagara Falls, NY, from Canada. Unbeknownst to McTyere and his co-conspirators, on August 6, 2020, the shipment, which contained approximately 600 pounds of marijuana packaged in vacuum sealed bags, had been intercepted by United States Customs and Border Protection (CBP) and was searched. The marijuana had been purchased by Zito and Schieppati from a source of supply in Canada, the two intended to distribute the marijuana in the Niagara Falls and Buffalo areas. The shipment was tracked by investigators and a controlled delivery was conducted on August 7, 2020. Co-defendant Schieppati picked up the shipment and brought it to a motel in Niagara Falls. McTyere, Zito and Schieppati were arrested, and investigators recovered $239,850 from a storage facility utilized by McTyere. The money was found in the vicinity of drug packaging materials and was packaged in vacuum sealed bags.
Defendant Schieppati was previously convicted and is awaiting sentencing. Charges remain pending against defendant Zito. The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for November 1, 2021, before Judge Vilardo.
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Former City Honors Teacher Pleads Guilty to Two Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Peter Hingston, 62, of Amherst, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to two counts of possessing child pornography. Each count carries a maximum penalty of 10 years in prison and a $250,000.
“The defendant’s behavior in this case is the stuff of which parents’ nightmares are made,” noted U.S. Attorney Kennedy. “Our schools are supposed to be safe havens where our children’s minds are nurtured. The defendant’s effort to exploit his student’s for his own gratification warrants federal prosecution and the significant sentencing exposure occasioned by today’s guilty pleas.”
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that on June 17, 2019, Buffalo Police Officers were called to City Honors School, where the defendant worked as a middle school technology teacher, based on allegations that Hingston was taking inappropriate photographs of female students with a GoPro camera. Officers secured the GoPro digital camera from Hingston. A subsequent search of the camera resulted in the recovery of child pornography videos produced by the defendant, involving minor victims who were under his custody, care, and supervisory control when the sexually explicit images were produced. Investigators also searched an external hard drive possessed by Hingston, which contained additional videos of child pornography produced by Hingston, involving different minor victims, who were also was under his custody, care, and supervisory control.
The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.
Sentencing is scheduled for October 21, 2021, before Judge Arcara.
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Batavia Man Found with Thousands of Images and Videos of Child Pornography Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Barber, 53, of Batavia, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession of child pornography following prior federal and state convictions relating to sexual abuse involving a minor. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on May 20, 2020, officers with the U.S. Probation Department and New York State Parole conducted a search at the defendant’s residence. Officers seized a cellular phone, which was found to contain images and videos of child pornography. A flash drive containing child pornography was also seized. Barber possessed over 1,000 images and 200 videos of child pornography on the two devices, some of which depicted prepubescent minors, violence, and the sexual abuse or exploitation of an infant or toddler.
In April 2007, the defendant was convicted on a federal charge of possessing child pornography, and a state charge of sexual abuse in the 1st degree.
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 Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
Sentencing is scheduled for October 27, 2021, before Judge Skretny.
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Armed Drug Trafficker Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Willie J. Wofford, 45, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of cocaine with intent to distribute and possession of a firearm and ammunition by an unlawful drug user. The charges carry a maximum penalty of 20 years in prison, and a fine of $1,000,000 or both.
Assistant U.S. Attorneys Douglas E. Gregory and Charles E. Moynihan, who are handling the case, stated that on February 20, 2018, Rochester Police Officers were in the area of York Street and saw the defendant engaging in behavior that lead them to believe he was selling drugs from his vehicle. When officers stopped Wofford and spoke with him, they smelled marijuana coming from the vehicle and could see marijuana in plastics bags in the rear, passenger area. The defendant argued with officers over the legality of the stop and refused to get out of his vehicle. Wofford finally exited his vehicle and was arrested after officers attempted to break the windows in order to remove him. During a search of the vehicle, officers recovered cocaine and marijuana packaged for sale, along with a loaded semiautomatic handgun, in the center console. Officers secured more marijuana from the rear, passenger area, which was also packaged for sale.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for October 27, 2021, at 3:00 p.m. before Judge Wolford.
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Former Rochester Business Owner Pleads Guilty to Bank FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bradley Williams, 35, formerly of Rochester, NY, and now a resident of North Carolina, pleaded guilty to bank fraud, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the defendant is the owner and operator of 4CIS Inc., located on Rosewood Terrace in Rochester. In that role, Williams maintained a business banking account at M&T Bank. On February 4, 2019, the defendant knowingly deposited 173 counterfeit and forged checks totaling $67,558.00 into his M&T business account. Williams attempted to withdraw the money in the following days, but his account was locked by M&T when it was discovered that the checks were fraudulent.
The checks were electronically created using the actual names, addresses, and bank account numbers of other individuals, and were made payable to 4CIS in amounts between approximately $385 and $399 each. The victims had no business with the defendant or 4CIS Inc. Further, the victims did not authorize the use of their identifying information for the creation of checks from their accounts and did not authorize any payments to the defendant or 4CIS Inc.
The plea 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.
Sentencing is scheduled for September 27, 2021, before Chief Judge Geraci.
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Previously Convicted Bank Robber Going Back to Prison for Escaping from Federal Facility and Committing Two Robberies, Including Another Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Licata, 52, of Buffalo, NY, who was convicted of bank robbery, was sentenced to serve 151 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on January 17, 2020, the defendant escaped from the custody of the United States Penitentiary Coleman II in Sumterville, Florida. On January 21, 2020, Licata entered the M&T Bank branch on Grant Street in Buffalo, and passed a demand note to the victim-teller. The note threatened the teller if the teller did not give him cash. Later that same day, the defendant entered a Speedway Gas Station on Elmwood Avenue in Buffalo and demanded cash. The victim-clerk complied and gave U.S. currency to the defendant. Law enforcement officers arrested Licata and found him in possession of currency taken during the robberies.
In 2010, Licata, having previously been convicted in federal court of committing a bank robbery in Buffalo, was sentenced to serve 120 months in prison.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Former Amherst Pain Doctor Going to Prison for Illegal Prescribing and Defrauding MedicareRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Gautam Arora, 43, formerly of Buffalo, NY, who was convicted of unlawfully acquiring controlled prescriptions by misrepresentation and fraud, and scheming to defraud a health care benefit program, was sentenced to serve 14 months in prison by U.S. District Lawrence J. Vilardo.
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between April 2013 and May 2017, the defendant, while working as the pain management doctor at the Hens Pain Center in Amherst, NY, prescribed opioids to multiple patients outside the usual course of professional practice and without a legitimate medical purpose. These opioids included hydrocodone, oxycodone, dextroamphetamine-amphetamine, and carisoprodol. Arora wrote approximately 61 prescriptions for controlled substances to individuals who were either not his patients, or without first conducting a proper examination, verifying their medical condition, and assessing the risk of abuse by the individual patient.
In addition, between January 1 and March 31, 2016, the defendant fraudulently billed Medicare for patient office visits totaling $92,209.50. Arora requested and received payment for medical services he did not perform or did not perform to the extent represented.
“History has taught us that inappropriate prescribing practices by some healthcare professionals were a significant contributing factor to the opioid epidemic which continues to ravage this country,” stated U.S. Attorney Kennedy. “This defendant, and others like him, put profits before the well-being of his patients. In the process, he also defrauded a federal health care program designed to help, not harm, those who receive Medicare benefits.”
The sentencing is the result of an investigation by the Drug Enforcement Agency, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Two Kentucky Men Who Led Buffalo Police on A Chase Arrested on Carjacking and Weapons ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Jeylani Bakari, 22, and Aweys Hussein, 20, both of Louisville, KY, were arrested and charged by criminal complaint with carjacking and brandishing firearms in furtherance of a crime of violence. The charges carry a mandatory minimum penalty of seven years in prison, a maximum of life, and a fine of $250,000.
“The defendants’ brazen and dangerous armed conduct as alleged in the criminal complaint reflects a growing disregard for both the consequences of one’s actions and the rule of law spreading throughout our cities and manifesting itself in increased violence,” noted U.S. Attorney Kennedy. “Therefore, it seems particularly fitting that their travels ultimately landed these defendants at one location at which personal accountability and respect for the rule of law still offer meaningful direction—in federal court facing criminal prosecution.”
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that in the early morning hours of June 11, 2021, the Buffalo Police Department received a 911 call of a carjacking that had occurred in the 200 block of Woltz Avenue. At that time, two victims were sitting inside of a Dodge Charger. Three males approached the vehicle with firearms. One approached the passenger side with a Glock firearm and told Victim 1 to get out of the vehicle and “Give me the money, give me the keys, or you're going to die, (expletive).” Victim 2 was taken out of the vehicle, pushed to the ground, and another male went through Victim 2’s pockets. The 3 males then fled the scene in the Dodge Charger.
Approximately 15 minutes after the carjacking, patrol units observed the Dodge Charger in the area of Moselle and East Ferry Streets. As officers attempted to stop the vehicle, the vehicle led the marked units on a chase for approximately four miles. The Dodge Charger then crashed near the comer of Elmwood Avenue and Niagara Street. Inside the vehicle, officers located the defendants Bakari and Hussein, as well as a male juvenile.
During a search of the vehicle, officers recovered three firearms and ammunition. Defendant Bakari had a backpack containing 17 suspected Xanax bars, 18 bags containing a crystal¬like substance, 27 suspected Ecstasy pills, an unknown black substance, eight vaping cartridges, and a bag of suspected marijuana.
The criminal complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
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Pittsford Man Going to Prison for 18 Years for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luke Vuittonet, 21, of Pittsford, NY, who was convicted of production of child pornography, was sentenced to serve 18 years in prison and 25 years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between August 6 and August 12, 2019, the defendant produced digital photographs depicting a minor victim engaged in prohibited sexual conduct. The images were produced on Vuittonet’s cellular telephone.
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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Former Western New Yorker Pleads Guilty to Bank Fraud and Tax EvasionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Rechan, 58, of Douglasville GA, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to making a false statement on a bank loan application and to tax evasion. The charges carry a maximum penalty of 30 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that in November 2017, the defendant submitted a $150,000 home loan application to First National Bank of America. In order to influence the bank into issuing the loan, Rechan fraudulently overstated his income. In addition to providing false information to the bank, between April 2013 and January 2018, the defendant committed tax evasion. During that period, while serving as a chief financial officer, the defendant paid himself $1,962,167.21 which constituted income for federal tax purposes. In order to avoid paying tax on this income, Rechan paid personal expenses directly from a company account and deposited $332,746.19 into a nominee bank account. His actions resulted in a tax loss to the IRS of $628,144.
The plea 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 Investigations Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for October 12, 2021, before Judge Sinatra.
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Woman Sentenced to 198 Months in Prison for Teaching and Distributing Information About Weapons of Mass DestructionRead the Press Release
A New York woman was sentenced today to 198 months, about 16 and a half years, in prison for her role in planning a terrorist attack in the United States.
Noelle Velentzas, 33, of Queens, was convicted of teaching or distributing information pertaining to the making and use of an explosive, destructive device, or weapon of mass destruction in furtherance of a planned federal crime of violence. Co-defendant Asia Siddiqui pleaded guilty on Aug. 23, 2019 and was sentenced to 15 years in prison in January 2020.
“As part of her plan goal to wage violent jihad, Velentzas and her co-defendant Asia Siddiqui researched and taught each other how to construct bombs to be used on American soil against law enforcement and military targets,” said Assistant Attorney General John C. Demers of the Justice Department’s National Security Division. “With the sentence imposed by the court, Velentzas has been held accountable for her crimes. The Attorney General recently reminded us that we must remain vigilant against threats from international terrorism, and we are grateful for those agents, analysts and prosecutors who were and brought Velentzas to justice before she could carry out her plans.”
“The defendant expressed her support for foreign terrorist organizations like al-Qaeda and the Islamic State of Iraq and al-Sham by learning how to build bombs and other explosive devices and targeting members of law enforcement for terror,” said Acting U.S. Attorney Mark J. Lesko for the Eastern District of New York. “Today’s sentence imposes a just punishment on the defendant for her planned horrific crimes. Counterterrorism and protecting the American people remain among the highest priorities of the Department of Justice, and this Office, together with the FBI, the NYPD and our Joint Terrorism Task Force partners, will continue to exercise extreme vigilance to incapacitate terrorists.”
According to court documents, between approximately 2013 and 2015 Velentzas and her co-defendant planned to build a bomb for use in a terrorist attack in the United States. In furtherance of their plan, the defendants taught each other chemistry and electrical skills directly related to creating explosives and building detonating devices; studied the explosives used in past terrorist attacks including the Boston marathon bombing, the Oklahoma City bombing and the 1993 World Trade Center attack; researched how to make plastic explosives and build car bombs; shopped for and acquired materials to be used in an explosive device; and assessed potential targets of an attack, focusing on law enforcement and military-related targets.
While engaging in these activities, Velentzas repeatedly expressed her support for promoting and waging violent jihad and her desire to commit acts of violence. Velentzas claimed that Osama bin Laden was her hero, and expressed praise for the September 11th attacks as well as Mohammed Shnewer, who was convicted of plotting a terrorist attack against members of the armed services at Fort Dix in New Jersey.
At the time that Velentzas and Siddiqui were arrested in 2015, law enforcement officers searched their residences and found tools of the trade for a terrorist attack, including propane gas tanks, soldering tools, car bomb instructions and jihadist literature, machetes and knives.
The FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD and over 50 other federal, state and local agencies, investigated the case.
Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorneys Craig R. Heeren, Jennifer M. Sasso, Josh Hafetz and Jonathan E. Algor of U.S. Attorney’s Office for the Eastern District of New York prosecuted the case.
New York City Man Pleads Guilty to Illegally Accessing Hundreds of Snapchat Accounts and Sending Nude PhotosRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that David Mondore, 29, of New York, New York, pleaded guilty before Senior U.S. District Judge William M. Skretny to accessing a protected computer without authorization and, by means of such conduct, furthering the intended fraud and obtaining anything of value. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between July 2018 and August 2020, the defendant gained unauthorized access to, and control of, Snapchat accounts belonging to third parties. After doing so, Mondore often located nude “selfie” photos saved in the victims’ “My Eyes Only” folder, which the defendant then saved to his own phone.
After gaining unauthorized access to a victim’s Snapchat account, Mondore typically sent messages from the Snapchat account to the victim’s Snapchat contacts, sending them under the ruse that the first victim needed the second victim’s Snapchat login credentials to access the second victim’s account. After receiving the second victim’s login credentials and gaining unauthorized access to the second victim’s Snapchat account, Mondore sent a text message to the second victim using a smartphone application that allowed him to anonymize his true phone number. The text message purported to be from Snapchat Security and requested—as a way of verifying that the second victim’s Snapchat account had been legitimately accessed—that the second victim send the passcode for his or her “My Eyes Only” folder. After the second victim sent his or her “My Eyes Only” passcode, Mondore could, and did, gain unauthorized access to the second victim’s “My Eyes Only” folder, from which he could locate and save the second victim’s nude photos. After gaining access to the second victim’s Snapchat account, the defendant then repeated this pattern of activity by using the second victim’s Snapchat account to contact, and then gain unauthorized access to, Snapchat accounts belonging to the second victim’s Snapchat contacts.
For example, in December 2019, Victim 1 received a Snapchat message from a Snapchat account belonging to an acquaintance known as Victim 2. The person who contacted Victim 1 from Victim 2’s Snapchat account asked Victim 1 for her Snapchat login credentials so that Victim 2 could use Victim 1’s Snapchat account to verify whether Victim 2 had been “blocked” by another Snapchat user. Victim 1 sent her Snapchat login credentials to Victim 2. Victim 1 then received a text message purporting to be from Snapchat Security, but which was, in reality, sent from the defendant’s smartphone. The text message stated that Victim 1’s Snapchat account had been locked and could only be unlocked if Victim 1 provided the passcode for her “My Eyes Only” folder. After gaining access to Victim 1’s “My Eyes Only” folder, Mondore sent an explicit photo of Victim 1 to 116 of Victim 1’s Snapchat contacts with a caption reading: “Flash me back if we are besties.” Four of Victim 1’s Snapchat contacts responded by sending the defendant explicit photos of themselves.
Mondore gained unauthorized access to Snapchat accounts belonging to 14 victims in the Western District of New York. The defendant admits that he gained unauthorized access to at least 300 Snapchat accounts belonging to victims both in the Western District of New York and elsewhere.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for September 29, 2021, before Judge Skretny.
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Former Rochester Housing Authority Employee Pleads Guilty to Defrauding Rochester Housing CharitiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Janice White, 60, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the Rochester Housing Authority (RHA) provided housing opportunities and services for the Rochester community. The RHA formed Rochester Housing Charities (RHC) to assist in advancing the purposes of the RHA. RHC, through the RHA, received thousands of dollars annually in assistance from the federal government. White was the Executive Secretary for the RHA from 2015 to 2020. She was also the Board Secretary for RHC and recorded the minutes for RHC board meetings.
On March 9, 2018, White started a company in Rochester called HJJ Property Development Inc. (HJJ Property), which was listed as a heating and air conditioning business. Between March 2018 and February 2019, White conspired with George Moses, RHA Chairman of the Board, to defraud RHC by falsely representing that HJJ Property was providing services to RHC when in fact it was not. To execute the scheme, White, with the knowledge of George Moses, created false invoices to make it appear that HJJ Property was a legitimate contractor that provided heating, air conditioning, roofing, and other services to RHC. The false invoices resulted in RHC paying HJJ Property for services that were never performed, overpaying HJJ Property for services that were performed by legitimate contractors, and paying HJJ Property for services that were performed by other contractors for the North East Area Development, Inc. (NEAD), not RHC. George Moses was the Executive Director of NEAD.
For example, High Performance Heating and Air Conditioning, a legitimate heating and air conditioning contractor, would provide RHC with an estimate for boiler services. George Moses would email the High Performance estimate to White who would then prepare a fraudulent and almost identical invoice from HJJ Property addressed to RHC. The fraudulent invoice made it appear that HJJ Property would perform the services for RHC that were going to be performed by High Performance. However, the amount requested to be paid on the HJJ Property fraudulent invoice would be more than what High Performance had originally requested for such services. White would then email the fraudulent HJJ Property invoices to George Moses, who authorized RHC to pay the invoices. On one occasion, White used a legitimate High Performance estimate in the amount of $9,000 to prepare a fraudulent and almost identical HJJ Property invoice to the RHC in the amount $15,000. After the work was completed by High Performance, RHC paid HJJ Property $15,000 and White used a portion of the funds to purchase a cashier’s check made payable to High Performance in the amount $9,000. The difference between what RHC paid HJJ Property and what White then authorized HJJ Property pay to High Performance was the amount that White and George Moses caused RHC to fraudulently overpay for the services provided by High Performance.
On a couple of other occasions, other legitimate contractors provided NEAD, not RHC, with an estimate for services to be performed for NEAD. White then prepared a fraudulent invoice from HJJ Property addressed to the RHC, not NEAD. The fraudulent HJJ Property invoice made it appear that HJJ Property would be providing the services to RHC that were actually going to be performed by the legitimate contractor for NEAD. Further, the amount requested to be paid on the fraudulent HJJ Property invoice would be more than what the legitimate contractor was even charging NEAD for the services. RHC then paid HJJ Property for the services performed for NEAD, and White again would use a portion of the funds to purchase cashier’s checks made payable to the legitimate contractor in the amount that the legitimate contractor had originally requested for the services it performed for NEAD. For example, Grant Heating and Cooling provided a legitimate estimate to NEAD in the amount of $4,340. George Moses then emailed the estimate to White who prepared a fraudulent and almost identical HJJ Property invoice to provide fake services for the RHC in the amount of $7,200.
“With this plea the defendant has admitted that she misused her positions with a public authority and charity to benefit herself and/or others,” stated U.S. Attorney Kennedy. “The defendant abused her position to divert—to a sham company she created—public funds which were intended to assist underserved communities and individuals, but in so doing, she robbed those most in need of the very funds which were intended to help benefit them.”
Between March and August 2018, RHC was defrauded into paying HJJ Property $87,069.
The plea is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Stephen Belongia; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for January 24, 2022, before Judge Wolford.
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Third and Final Defendant Pleads Guilty to Stealing from Railroad CarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Paul Krieger, 46, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to breaking into and larceny from interstate carrier facilities. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on 10 dates in May and June 2018, the defendant and co-defendants Ray Chrostowski and Nicholas Birdwell went to the railyards in the vicinity of Broadway and Bailey Avenue in Buffalo, broke into railcars using a crowbar, bolt-cutters, and other tools, entered the cars, and stole property. The property included televisions, sound systems, microwaves, sneakers, liquor, tires and rims from vehicles, and UPS shipping parcels. On each occasion, Krieger directed Birdwell and Chrostowski regarding which railcar to enter, what property to remove, where to hide the stolen items, and the manner by which each should conduct themselves in order to conceal their conduct from the attention of law enforcement and railyard personnel.
• On June 8, 2018, the three defendants broke into a railcar carrying automobiles and removed the tires and rims from a 2018 Jeep and a 2018 Dodge.
• On June 22, 2018, the defendants stole approximately 20 cases (120 bottles) of Jefferson bourbon, and sold them for profit.
• On June 26, 2018, the defendants stole a 50-inch Samsung television.Chrostowski and Birdwell were previously convicted and are awaiting sentencing.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the CSX Police, under the direction of Chief Sean Douris.
Sentencing is scheduled for October 12, 2021, before Judge Sinatra.
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Puerto Rican Man and Buffalo Man Going to Prison for Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Harold Alexis Ortiz Cosme, 26, of Puerto Rico, and Luis G. Candelario, 26, of Buffalo, were each sentenced to serve 37 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Charles E. Watkins, who handled the case, stated that on February 7, 2020, a federal search warrant was executed on a suspicious parcel in Puerto Rico addressed to “Harold Ortiz.” The package contained approximately one kilogram of cocaine, which was replaced with sham and sent on to its destination. On February 12, 2020, a controlled delivery of the package was conducted at a residence on Grant Street in Buffalo, which was rented by defendant Candelario in furtherance of the conspiracy. Candelario received the package, then got into a vehicle and took the package to defendant Cosme, who placed it in the trunk of his vehicle. Investigators conducted a traffic stop of both vehicles and recovered the parcel. A search of the Grant Street residence found the apartment devoid of any furniture, except for a chair located at a window with a clear view of the street and mailbox, suggesting that the sole purpose of the apartment was to possess narcotics in furtherance of the conspiracy. The defendants were subsequently arrested.
The sentencings are the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Acting Inspector-in-Charge Joshua W. McCallister, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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Postal Worker Pleads Guilty to Sealing over $90,000 in Cash and Stamps from the Postal ServiceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lisa Mesler, 55, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to theft of government money. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that between October 2017 and June 2018, the defendant, while employed by the United States Postal Service as a Station Manager at the Cheektowaga, NY, Branch, stole $63,265.96 from the cash register drawers of sales associates, which she supervised. Mesler stole money on 53 different occasions. Also, on multiple occasions during that time period, the defendant stole stamps. The value of the stamps stolen was $28,265.30.
The plea is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for October 13, 2021, at 3:00 p.m. before Judge Sinatra.
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Convicted Felon Pleads Guilty to Methamphetamine Charge Involving A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Yelder, 38, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and an $8,000,000 fine.
“This Office remains committed to bringing those who distribute drugs that kill others to justice,” stated U.S. Attorney Kennedy. “While much of our effort recently has rightfully been directed toward stopping the distribution of deadly fentanyl, this prosecution reminds us that other illicit drugs kill too. And when they do, this Office will do all that we can to bring those who distribute them to justice.”
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in 2017, the defendant, as a result of a methamphetamine trafficking conviction, was sentenced to serve 20 months in prison and five years post-release supervision. Yelder was released from custody and supervision began on May 25, 2018.
In February 2019, the defendant broke off all contact with probation personnel. In July 2019, the U.S. Marshal’s Service located Yelder at a hotel on Delaware Avenue in Buffalo, which the defendant had rented and was using distribute methamphetamine. On July 15, 2019, Yelder was arrested and found to be in possession of 21 baggies containing a total of approximately 30 grams of between 98% and 99% pure methamphetamine.
Prior to Yelder’s arrest, on May 28, 2019, an individual identified as K.L. was found dead by the train tracks near 355 Lakefront Boulevard in Buffalo. Previously, K.L. had been at another hotel room rented by Yelder on Pearl Street. While at the hotel, the defendant gave K.L. a vial of liquid methamphetamine. The toxicology report for K.L. revealed methamphetamine in K.L.’s system, and the medical examiner concluded that, but for the methamphetamine in K.L.’s system, K.L. would not have died. The defendant admitted his role in the overdose death of K.L.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the U.S. Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for November 30, 2021, at 9:30 a.m. before Judge Vilardo.
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Niagara Falls Woman Pleads Guilty to Conspiring to Defraud Health Insurance CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Francine Kendzia, 43, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to commit health care fraud, which carries a maximum sentence of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo who is handling the case, stated that between January 2015 and November 2017, while employed at MacLeod’s Pharmacy, the defendant conspired with others to defraud a health insurance company by submitting fraudulent prescription claims. The scheme involved the submitting of reimbursement claims for prescriptions the conspirators fraudulently claimed were called in by a medical provider and which were never filled. As a result, the insurance company paid MacLeod’s Pharmacy $39,703.12 for the fake prescriptions.
The plea is the result of an investigation by the Department of Health and Human Services, office of Inspector General, under the direction of Special Agent in Charge Scott Lampert; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the New York State Education Department, Office of Professional Discipline, under the direction of Education Commissioner Betty A. Rosa.
Sentencing is scheduled for October 13, 2021, before Judge Sinatra.
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Grand Island Husband and Wife Plead Guilty for Their Roles in Bank Robbery Committed by Their SonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cheryl A. Mulvey, 68, and Lawrence Mulvey, 67, both of Grand Island, pleaded guilty before U.S. District Judge Richard J. Arcara to accessory after the fact, which carries a maximum penalty of six months in prison, and a fine of $125,000.
Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that, on July 11, 2018, the defendants’ son, Timothy Mulvey, robbed the M&T Bank at 880 Military Road in Niagara Falls. During the robbery, Timothy Mulvey pulled out of a bag he was carrying what appeared to be a gun. During a text conversation a few days later on July 14, 2018, Cheryl Mulvey suggested to Timothy Mulvey that he turn off his location monitoring and change his phone habits.
From July 19, 2018, until July 2019, Timothy Mulvey was in the custody of New York State because of a New York State parole violation. On July 22, 2018, Timothy Mulvey instructed his girlfriend in a telephone call to remove an airsoft gun from their shared basement and destroy it. Instead, his girlfriend, believing the gun to be linked to the bank robbery and FBI investigation, delivered the gun in a bag to Lawrence Mulvey at his residence. Lawrence Mulvey got rid of the bag and its contents in an effort to prevent Timothy Mulvey’s apprehension, trial, and punishment.
On August 21, 2018, during a phone conversation, Cheryl Mulvey told her son that his sister found BBs in his car. Cheryl Mulvey believed the BB’s were linked to the July 11th bank robbery but were never turned over to investigating law enforcement officers. On August 24, 2018, Cheryl Mulvey told her son not to trust law enforcement and not to make his girlfriend (a potential witness) mad. She also confirmed that she had passed along a message from Timothy Mulvey to his girlfriend related to the investigation of the bank robbery.
On January 27, 2019, FBI Special Agents delivered a grand jury subpoena to Lawrence Mulvey at his residence. At the time, he was asked what was in the black bag, referring to the bag that Timothy Mulvey talked about in a jail call with his girlfriend. Lawrence Mulvey stated that he didn’t know. An FBI Special Agent stated, “We know what was in the black bag and we know you know what was in the black bag because you thought Tim had something to do with the bank robberies after you saw what was in the black bag.” Timothy Mulvey responded shaking his head in an affirmative motion and stated, “Well, yeah.” The defendant then stated that he had thrown the bag out and could not recall what was in it.
On February 27, 2019, Cheryl Mulvey was subpoenaed, and on March 5, 2019, she testified before a federal grand jury. During her testimony, Cheryl Mulvey was evasive and misleading regarding Timothy Mulvey’s ownership of BB guns, her discussions of the bank robberies with her son, and the delivery of a gun to her residence sometime after the robbery. Cheryl Mulvey also admitted that during her testimony she intentionally attempted to discredit a potential witness. On a March 9, 2019, recorded jail call, she said that when testified before the grand jury, she made it clear that the potential witness had substance issues. Cheryl Mulvey admitted that she provided testimony to assist Timothy Mulvey and to hinder and prevent his apprehension, trial, or punishment for the bank robbery.
“Notwithstanding his parents’ efforts to cover for him, Timothy Mulvey was apprehended, convicted of aggravated bank robbery, and is awaiting sentencing,” noted U.S. Attorney Kennedy. “Another of the Mulvey’s children, Kelsey Mulvey, is a former nurse who is also awaiting sentencing in federal court following her prior plea to tampering with a consumer product in connection with her theft of controlled medications from medication dispensing machines at Roswell Park Cancer Center.”
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 Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Niagara Falls Police Department, under the direction of Superintendent John Faso.
Cheryl and Lawrence Mulvey are scheduled to be sentenced on September 24, 2021, before Judge Arcara.
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Franklinville Woman Pleads Guilty to Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Heidi Jankowiak, 35, of Franklinville, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute five grams or more of methamphetamine. 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 Misha A. Coulson, who is handling the case, stated that on January 23, 2021, while on routine patrol in the Town of Salamanca, City of Salamanca Police Officers observed a vehicle with an obstructed license plate fail to use its turn signal. The officers conducted a traffic stop and, upon approaching the driver of the vehicle, believed the driver was operating the vehicle while impaired by drugs. The defendant was in the front passenger seat, while another person was in the back seat of the vehicle. The driver advised the officers that there was methamphetamine inside the vehicle. Following this admission, officers conducted a search of the vehicle and recovered a small purse belonging to Jankowiak. Inside the purse, officers recovered a digital scale, two suboxone strips, two hypodermic needles, a large quantity of methamphetamine, and cocaine.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the Salamanca Police Department, under the direction of Acting Chief Jamie Deck.
Sentencing is scheduled for October 22, 2021, before Judge Vilardo.
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