Western District of New York
Press releases recorded for this federal judicial district.
Chemung County Man Pleads Guilty to Receiving Images 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 John Carling, 47, of, Millport, NY, pleaded guilty before U.S. District Judge David G. Larimer to receiving child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.
Assistant U.S. Attorney John J. Field who is handling the case, stated that on October 31, 2019, the defendant knowingly received images of a minor victim who was acquainted with his family. Carling was previously convicted in 1999 of a sexual offense and as a result is facing enhanced penalties. He will also be required to register as a sex offender under federal law.
The plea is the result of an investigation by Special Agents with the Federal Bureau of Investigation, acting under the direction of Special Agent-in-Charge Stephen Belongia, and New York State Police, Horsehead Barracks, acting under the direction of Major Barry Chase.
Sentencing is scheduled for September 13, 2021, at 2:30 p.m. before Judge Larimer.
# # # #
Buffalo Man and Oklahoma Woman Charged for Their Roles in A Nearly $1,000,000 COVID-19 Relief Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
JPHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – A New York man and an Oklahoma woman were arrested and charged by criminal complaint for their roles in fraudulently obtaining and laundering nearly $1 million in funds from the COVID-19 relief Paycheck Protection Program (PPP). Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; U.S. Attorney James P. Kennedy Jr. for the Western District of New York; Special Agent in Charge Stephen Bolongia of the FBI’s Buffalo Field Office; and Acting Special Agent in Charge Thomas Fattorusso of the IRS Criminal Investigation (IRS-CI) Criminal Investigation Division made the announcement.
According to court documents, from May 2020 through October 2020, Adam D. Arena, 44, of Buffalo, NY, and Amanda J. Gloria, 44, of Altus, Oklahoma, allegedly conspired fraudulently to obtain and misuse a nearly $1 million PPP emergency relief loan through the U.S. Small Business Administration (SBA). Arena and Gloria allegedly submitted a false loan application to an SBA approved participating lender on behalf of a defunct business owned by Arena called ADA Auto Group LLC. This loan application allegedly contained materially false representations and certifications about Arena’s business and how the loan would be used. After fraudulently obtaining the loan, Arena and Gloria are alleged to have misused the loan proceeds on personal expenses including the purchase of two cars.
Arena is charged with one count of conspiracy to commit bank fraud, one count of conspiracy to engage in monetary transactions with criminally derived proceeds, one substantive count of bank fraud, and three substantive counts of engaging in monetary transactions with criminally derived proceeds. Gloria is charged with one count of conspiracy to commit bank fraud, one count of conspiracy to engage in monetary transactions with criminally derived proceeds, one substantive count of bank fraud, and one substantive count of engaging in monetary transactions with criminally derived proceeds. If convicted, Arena and Gloria each face a maximum penalty of 30 years in prison for each conspiracy and substantive count of bank fraud, and a maximum of 10 years in prison for each conspiracy and substantive count of engaging in monetary transactions with criminally derived proceeds.
The FBI and IRS-CI are investigating the case. Trial Attorney Cory E. Jacobs of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Laura A. Higgins of the U.S. Attorney’s Office for the Western District of New York are prosecuting the case.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
The Fraud Section leads the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act. In the months since the CARES Act was passed, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real-estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/cares-act-fraud.
Anyone with general information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
# # # #
Two Charged as Co-Conspirators for Nearly $1 Million COVID-19 Relief Fraud Scheme and Money LaunderingRead the Press Release
A New York man and an Oklahoma woman were arrested Wednesday in Buffalo, New York and Altus, Oklahoma, respectively, on a criminal complaint filed in the Western District of New York charging them for their roles in fraudulently obtaining and laundering nearly $1 million in funds from the COVID-19 relief Paycheck Protection Program (PPP).
According to court documents, from May 2020 through October 2020, Adam D. Arena, 44, of Buffalo, and Amanda J. Gloria, 44, of Altus, allegedly conspired to fraudulently obtain and misuse a nearly $1 million PPP emergency relief loan through the U.S. Small Business Administration (SBA). Arena and Gloria allegedly submitted a false loan application to an SBA‑approved participating lender on behalf of a defunct business owned by Arena called ADA Auto Group LLC. This loan application allegedly contained materially false representations and certifications about Arena’s business and how the loan would be used. After fraudulently obtaining the loan, Arena and Gloria are alleged to have misused the loan proceeds on personal expenses the purchase of two cars.
Arena is charged with one count of conspiracy to commit bank fraud, one count of conspiracy to engage in monetary transactions with criminally derived proceeds, one substantive count of bank fraud, and three substantive counts of engaging in monetary transactions with criminally derived proceeds. Gloria is charged with one count of conspiracy to commit bank fraud, one count of conspiracy to engage in monetary transactions with criminally derived proceeds, one substantive count of bank fraud, and one substantive count of engaging in monetary transactions with criminally derived proceeds.
Arena made his initial court appearance Wednesday before U.S. Magistrate Judge Michael J. Roemer of the U.S. District Court for the Western District of New York. Gloria made her initial appearance today before U.S. Magistrate Judge Shon T. Erwin of the U.S. District Court for the Western District of Oklahoma. If convicted, Arena and Gloria each face a maximum penalty of 30 years in prison for each conspiracy and substantive count of bank fraud, and a maximum of 10 years in prison for each conspiracy and substantive count of engaging in monetary transactions with criminally derived proceeds. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; U.S. Attorney James P. Kennedy Jr. for the Western District of New York; Special Agent in Charge Stephen Bolongia of the FBI’s Buffalo Field Office; and Acting Special Agent in Charge Thomas Fattorusso of the IRS Criminal Investigation (IRS-CI) Criminal Investigation Division made the announcement.
The FBI and IRS-CI are investigating the case.
Trial Attorney Cory E. Jacobs of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Laura A. Higgins of the U.S. Attorney’s Office for the Western District of New York are prosecuting the case.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
The Fraud Section leads the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act. In the months since the CARES Act was passed, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real-estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/cares-act-fraud.
Anyone with general information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Rochester Man Pleads Guilty to 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 Jeremy Hernandez, 30, of Rochester, NY, pleaded guilty to production of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in September and October 2018, the National Center for Missing and Exploited Children (NCMEC) received information from an electronic service provider that a user had uploaded several images of child pornography to a blog on the provider’s platform. The information was forwarded to the New York State Police Internet Crimes Against Children Taskforce. Between November 2018 and October 2019, the NYSP identified and located the source of the child pornography at an address in Rochester, NY.
On October 24, 2019, a search warrant was executed at defendant’s residence. Defendant, who was present during the search, admitted that he owned the user profile that had uploaded the child pornography to the internet blog. The NYSP seized several digital devices, including two cellular phones that belonged to defendant. A forensic analysis recovered images and videos from the phones which depicted Hernandez sexually abusing a minor less than 13 years old on multiple occasions between 2017 and 2019. The child has since been identified and located.
The plea is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Barry Chase; Monroe County Child Protective Services, under the direction of Director Kathy Cardilli; the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 9, 2021, before Judge Siragusa. Hernandez is being held in custody without bail.
# # # #
Fourth Defendant in Fentanyl Trafficking Ring 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 Brian Ray, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
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 Christopher Cook, 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 defendant, including five controlled purchases from defendant Ray.
Co-defendants Mark Greaman, Damone McNamee, Sr. and Christopher Cook were previously convicted and are awaiting sentencing.
The plea 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.
Sentencing is scheduled for October 12, 2021, before Judge Vilardo.
# # # #
Federal Grand Jury Indicts Three Defendants for Their Roles in String of Credit Union RobberiesRead 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 two indictments charging three defendants for their roles in multiple credit union robberies and attempted robberies.
Anthony D. Wilson, 33, of Buffalo, NY, is charged with conspiracy to commit bank robbery, aggravated bank robbery, brandishing a firearm, being a felon in possession of a firearm, and entering a bank with intent to commit a larceny. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment against defendant Wilson, on October 26, 2017, Wilson and co-defendants Adrian Applewhite and Khalil Holland drove to the Lake Shore Federal Credit Union in Angola. Khalil Holland, wearing a hoodie and a medical facemask, entered the Lake Shore Federal Credit Union, demanded money, and brandished a semi-automatic pistol. The pistol was given to Khalil by defendant Wilson. In October 2007, was convicted in Erie County Court and as a result is legally prohibited from carrying a firearm.
Adrian Applewhite previously pleaded guilty for his role in the robbery and is awaiting sentencing. Khalil Holland was previously charged and convicted by the Erie County District Attorney’s Office.
In a separate, superseding indictment, Myron McCollum, 33, and Ronald Morris, a/k/a Cracks, 46, both of Buffalo, NY, are charged with conspiracy to commit bank robbery, being a felon-in-possession of a firearm, brandishing a firearm, bank robbery and incidental crimes, and aiding and abetting. The charges carry a maximum of life in prison.
• On February 27, 2019, armed with a firearm, defendant Morris and co-defendant Adrian Applewhite entered the Tonawanda Community Federal Credit Union at 315 Delaware Street in Tonawanda, NY, and forcibly stole money from the credit union.
• On July 25, 2019, co-defendant Adrian Applewhite drove defendants Morris and McCollum to the South Towns Community Federal Credit Union at 3040 South Park Avenue in Lackawanna, NY. Armed with pepper spray and at least one firearm, Morris and McCollum entered the credit union, pushed and pepper sprayed employees, and forcibly stole money from the credit union.
• On November 6, 2019, co-defendant Adrian Applewhite drove Morris and McCollum, and another co-defendant to the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence for purposes of committing a robbery, but determined there were too many people at the credit union to conduct the robbery. That same day, Morris and Applewhite attempted to rob the Good Neighbors Credit Union at 286 Grant Street in Buffalo.
• The following day, on November 7, 2019, Applewhite, Morris and McCollum went back to the Clarence Community and School Federal Credit Union. Armed with firearms, Morris and McCollum forcibly stole money from the credit union.During the course of the conspiracy, defendants Morris and McCollum, along with co-defendant Adrian Applewhite, scouted or attempted to rob other financial institutions in Bradford, PA, and Rochester, Niagara Falls, and Kenmore, NY.
Adrian Applewhite also previously pleaded guilty to his role in the robberies of the South Towns Community Federal Credit Union and the Clarence Community and School Federal Credit Union and is awaiting sentencing.
The indictment against Wilson and superseding indictment against Morris and McCollum are the result of an investigation by the New York State Police, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Douglas J. Czora; the City of Tonawanda Police Department, under the direction of Chief William Strassburg; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; 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 defendant is presumed innocent until and unless proven guilty.
# # # #
Federal Grand Jury Indicts Three Defendants on Multiple Drug and Gun 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 a federal grand jury has returned an indictment charging Esteven Matos, 29, of Buffalo, NY, along with Lydia Cortes, 50, and Felix Ayende, 45, both of Lackawanna, NY, with narcotics conspiracy, possessing with intent to distribute methamphetamine and fentanyl, and attempting to possess with intent to distribute cocaine. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life. Defendant Esteven Matos is also charged with being a felon in possession of firearms and ammunition and possession of firearms in furtherance of drug trafficking crimes, which carry a mandatory minimum penalty of 15 years in prison to be served consecutive to any other sentence imposed.
Assistant U.S. Attorney Nicholas T. Cooper, who is handling the case, stated that according to the indictment and a previously filed complaint, on October 30, 2020, a federal search warrant was executed on a USPS Priority Mail Parcel addressed to “Antonio Cortes 1326 ELECTRIC Ave. LACKAWANNA, NY 14218.” The package contained one kilogram of cocaine. On November 3, 2020, the parcel, the contents of which were replaced with “sham,” was delivered to 1326 Electric Avenue and taken inside by defendant Ayende. A short time later, investigators conducting surveillance observed defendant Matos arrive at the residence. After Matos arrived, the parcel was opened. A search warrant was then executed at the residence. Investigators seized two loaded firearms, one of which was stolen, approximately 260 grams of fentanyl, 1,451 pills containing methamphetamine, the kilogram of “sham” cocaine, digital scales, sandwich baggies, five cell phones, and over $63,000 in US currency. All three defendants were arrested at that time.
The indictment is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Acting Boston Division Inspector-in-Charge Joshua W. McCallister, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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.
# # # #
Federal Grand Jury Indicts Buffalo Man for His Role in Scheme to Defraud Medicaid Out of Thousands of DollarsRead 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 Saleh Mozeb, 65, of Buffalo, NY, with healthcare fraud. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendant is a co-owner of Great Lake Transportation, which is a non-emergency medical transportation provider for Medicaid recipients. Great Lake, which has been operating since August 2016, has approximately 15 vehicles in its fleet and employs approximately 20 drivers, primarily providing rides to and from methadone clinics in the Buffalo area. Between September 2016, and December 2020, representatives from Great Lake submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation allegedly provided by Mozeb. The fraud involved the billing of Medicaid transportation trips that were not actually being performed, and individual rides that were billed as group rides, resulting in a greater reimbursement. The loss to Medicaid was more than $7,000.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Medicaid Fraud Control Unit, under the direction of New York State Attorney General Letitia James; the New York State Police, Special Investigation Unit, under the direction of Major James Hall; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; the New York State Office of Inspector General, under the direction of Inspector General Letizia Tagliafierro; and U.S. Border Patrol, under the direction of Acting Chief Patrol Agent Buffalo Sector Andrew K. Scharnweber.
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.
# # # #
Rochester Food Truck Delivery Business and Principals to Pay Fine for Submitting False Claims for Payment to the SNAP ProgramRead 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 Groceries To Your Door, a Rochester food truck delivery business, its owner, Fotene (Tina) Boosalis, 54, and one of its operators, Boosalis’ son Christopher Musson, 22, both of Rochester, have agreed to pay $250,000 to resolve allegations that they violated the False Claims Act by submitting false and fraudulent claims for payment to the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the Food Stamp Program. The SNAP program is administered by the United States Department of Agriculture’s Food and Nutrition Service.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in April 2017, Groceries To Your Door was authorized to participate in the SNAP program. From the time it received authorization, the business operated in violation of the program’s rules and regulations by selling food to SNAP beneficiaries on credit and by obtaining payments for food purchases that never occurred. In order to perpetuate this scheme, Groceries To Your Door processed food purchases using manual food vouchers instead of an Electronic Benefit Transfer (EBT) machine. As a result, the business obtained protected beneficiary account information which it then used to debit beneficiaries’ SNAP accounts for food purchases that had occurred the previous month or not at all. The SNAP program reimbursed Groceries To Your Door based on its representations that the manual food voucher purchases had occurred and that the purchases had been processed according to SNAP rules and regulations. Groceries To Your Door ceased operation in February 2020, when its bank account was seized by law enforcement.
The settlement is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in-Charge Bethanne M. Dinkins; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Monroe County Department of Social Services, under the direction of Commissioner Thalia Wright; and the New York State Office of Inspector General, under the direction of Inspector General Letizia Tagliafierro.
The claims resolved by the settlement are allegations only, and there have been no determinations of liability.
# # # #
Buffalo Man Going to Prison on Drug and Gun 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 Felix M. Velazquez, 44, of Buffalo, NY, who was convicted of possessing with intent to distribute cocaine and possessing a firearm in furtherance of drug trafficking, was sentenced to serve 96 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that in June 2018, the Lackawanna Police Department Narcotics Unit began investigating the narcotics trafficking activities of the defendant, a mid-level street cocaine distributor who had a large customer base in the Buffalo area. Velazquez conducted his distribution activities through his cellular phone, and at his apartment on Weyand Avenue in Buffalo.
On August 14, 2018, the Buffalo Police Department executed a New York State search warrant at the defendant’s Weyand Avenue residence. Officers recovered approximately 130 grams of cocaine; a digital scale; drug packaging materials; a .380 semi-automatic pistol, loaded with seven rounds; and $42,955.00 cash.
The sentencing is the result of an investigation by the Lackawanna Police Department, under the direction of Chief Mark Packard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
# # # #
2 Defendants Plead Guilty to Rioting for Their Roles in Arsons During May 2020 Violent Protests in RochesterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that two defendants pleaded guilty before U.S. District Judge David G. Larimer for their roles in violent protests held in the City of Rochester in May 2020. Shakell Sanks and Mackenzie Drechsler pleaded guilty to rioting and face a maximum penalty of five years in prison and a $250,000 fine. Following her plea, Judge Larimer ordered defendant Drechsler to be held in custody until sentencing stating that she is a danger to the community based on her conduct during the violent protests.
“These defendants, like all of us, enjoy certain rights under our Constitution, including the right to assemble and the right to speak freely,” stated U.S. Attorney Kennedy. “Rioting, the setting of fires, and the destruction of property, however, are not constitutionally protected activities. They are crimes. The proceedings before Judge Larimer should serve as a reminder to those who commit crimes that when you do so you may ultimately forfeit your most precious constitutional right—your right to liberty.”
Assistant U.S. Attorneys Brett A. Harvey and Cassie M. Kocher, who are handling the cases, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. During the late-afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.
At approximately 6:00 p.m. on May 30th in downtown Rochester, Sanks and Dreschler assisted others in attempting to light fabric on fire. The fabric was stuffed into the gas tank of a parked car belonging to the City of Rochester Family Crisis Intervention Team (FACIT). At approximately 6:20 p.m., the FACIT car began to smoke and shortly thereafter became engulfed in flames. The car was a total loss. Dreschler also set fire to an official vehicle owned by the New York State Attorney General’s Office, after crouching down, placing cardboard inside the vehicle and then walking away. Approximately one minute later, smoke began billowing from the car, and as the fire grew, the car became engulfed in flames. The car was a total loss. Following her actions in the burning of the two cars, Drechsler also participated in breaking glass during looting that took place.
The pleas are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Rochester Fire Department, under the direction of Fire Chief Felipe Hernandez Jr.
Drechsler is scheduled to be sentenced on August 9, 2021, while Sanks is scheduled to be sentenced on August 23, both before Judge Larimer.
# # # #
Ringleader and Five Members of Rochester Drug Trafficking Organization Charged with Narcotics ConspiracyRead 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 six Rochester men were charged by criminal complaint with conspiring to possess with intent to distribute, and distributing, at least 280 grams or more of crack cocaine, and at least 500 grams or more of cocaine. The charges carry a mandatory minimum term of imprisonment of 10 years and a maximum penalty of life in prison, as well as a $10,000,000 fine. Named in the complaint are:
• Jason Siplin a/k/a J, 44;
• Jason Siplin, Jr. a/k/a Mush, 27;
• Ernest Gamble a/k/a Dred, 19;
• Lytrice Jackson a/k/a Storm, 31;
• Timothy Granison, 42; and
• Dkeidron Dublin, 39.Defendant Dkeidron Dublin is also charged with possession of a firearm in furtherance of a drug trafficking crime, which carries a minimum penalty of five years in prison and a maximum of life, which must be served consecutive to any penalty imposed on the drug conspiracy charge.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that according to the criminal complaint, the Greater Rochester Area Narcotics Enforcement Team (GRANET) has been investigating a drug trafficking organization led by Jason Siplin. The investigation revealed that since at least August 2020, the drug trafficking organization was distributing large quantities of cocaine and crack cocaine in the City of Rochester and the surrounding areas. Jason Siplin regularly obtained large quantities of cocaine that he in turned used to supply a drug house located at 230 Glenwood Avenue in Rochester, from which cocaine and crack cocaine were sold to individual drug users. Siplin had one or more storage locations for narcotics and United States currency. At least one of those storage locations was 62 Clifton Street in Rochester, and the 230 Glenwood Avenue was regularly supplied with crack cocaine stored at 62 Clifton Street.
The drug trafficking organization included a number of members who fulfilled various roles in furtherance of Siplin’s narcotics trafficking activities. Siplin obtained bulk quantities of cocaine, which would then be cooked or transformed into crack cocaine by another member. The crack cocaine was then broken down into individual units and bagged for street sale. Members also staffed the aforementioned drug house at 230 Glenwood Avenue. Siplin’s workers included his son, Jason Siplin, Jr. Ernest Gamble and Lytrice Jackson, who were among a number of individuals who packaged drugs for street sale and conducted hand-to-hand drug transactions out of 230 Glenwood Avenue. The investigation determined that roughly 40 to 50 drug transactions were conducted each day out of 230 Glenwood Avenue. Investigators also believe that Jason Siplin supplied bulk quantities of cocaine and crack cocaine to other drug dealers, including Timothy Granison, which Granison, in turn, distributed to other narcotics traffickers, including Dkeidron Dublin.
On May 19, 2021, defendants Granison and Dublin were detained after investigators observed a suspected drug deal at 5 Birch Crescent in Rochester. A “31” or a bag of cocaine equaling approximately 31 grams was found wrapped in a paper towel on the floor of Granison’s vehicle. Dublin was found in possession of approximately $1,241.00 in U.S. currency. During the execution of a search warrant of 5 Birch Crescent, which is believed to be the residence of Dkeidron Dublin, investigators recovered a quantity of crack cocaine, a razor blade, a scale and numerous new and unused plastic baggies commonly used to package narcotics. Approximately $400.00 in U.S. currency and .22 caliber semiautomatic pistol and ammunition were also recovered. A search warrant was also executed at Granison’s residence at 93 Woodman Park in Rochester.
Also on May 19, 2021, in addition to executing search warrants at the Birch Crescent and Woodman Park residences, search warrants were also executed at four additional premises, including the stash house and drug house located at 62 Clifton Street in Rochester, and 230 Glenwood Avenue in Rochester, respectively. During the search of 62 Clifton Street, investigators recovered quantities of bulk cocaine and crack cocaine, four boxes of baking soda, three digital scales, new and unused small plastic baggies, and beakers and other paraphernalia associated with cooking crack cocaine. During the search of 230 Glenwood Avenue, investigators encountered defendants Ernest Gamble and Lytrice Jackson, among others. It appeared that individuals inside the residence were in the process of flushing narcotics down an upstairs toilet. Over 80 small plastic baggies containing crack cocaine were recovered from the toilet bowl. During the search, quantities of crack cocaine were recovered along with walkie-talkies, a closed-circuit television system and DVR, digital scales, and approximately $10,888.00 in U.S. currency. Ernest Gamble had approximately $5,470.00 in U.S. currency on his person when taken into custody.
On that date, search warrants were also executed at 2013 Norton Street in Rochester, the residence of Jason Siplin, Jr., and 14 Elwood Drive in Rochester, the residence of Jason Siplin. As agents were preparing to execute the search warrant, Siplin, Jr. left the residence and began driving away. Law enforcement officers stopped him as he drove away and located approximately $62,581.00 in U.S. currency inside of Siplin Jr.’s vehicle. Another $300.00 in U.S. currency was recovered on Siplin, Jr.’s person, along with individually packaged baggies of cocaine. Another 8.5 grams of cocaine were found in the vehicle. During the search of the residence, investigators recovered a quantity of cocaine, new and unused plastic baggies, and numerous cellular phones. A search warrant was also executed that same night at 14 Elwood Drive, and a digital scale with white residue, baggies, and a small amount of crack cocaine were recovered along with $62,593.00 in U.S. currency.
During the execution of the six search warrants, investigators seized more than 1 kilogram of cocaine and more than a ½ kilogram of crack cocaine.
Defendants Jason Siplin, Jason Siplin, Jr., Ernest Gamble, and Dkeidron Dublin made an initial appearance this morning before U.S. Magistrate Mark W. Pedersen and were detained. DefendantTimothy Granison made an initial appearance and was released on conditions.
The complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major Barry Chase; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley. Additional assistance was provided by the New York State Department of Corrections and Community Supervision and Customs and Border Protection.
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.
# # # #
Property Owner and Manager Charged with Failing to Properly Notify Tenants About Lead HazardsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Angel Elliot Dalfin, 57, of Baltimore, Maryland, and Paul Richard Heil, 51, of Buffalo, New York, were charged by criminal complaint with conspiracy to commit wire fraud and conspiracy to make false documents. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
“Lead-based paint can create major environmental health risks, and the actions taken by the defendants as alleged in the complaint created unnecessary risk to unsuspecting renters and purchasers,” said U.S. Attorney Kennedy. “My office will not allow dangerous disregard for the rule of law to go unchecked, and we will continue to work with our partners to protect the health of our community.”
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in February 2018, the Environmental Protection Agency (EPA) received a referral from the Department of Housing and Urban Development (HUD), Lead Programs Enforcement Division, Office of Lead Hazard Control and Healthy Homes, involving multiple properties owned and/or managed by the defendants. Those properties were previously cited by the Erie County Health Department with numerous violations for lead paint hazards. The health department had also received several reports of children with elevated blood lead levels residing at the properties.
According to the complaint, between 2010 and 2018, approximately 50-60% of tenants living in properties owned/operated by Dalfin and Heil did not receive lead disclosure notices required by federal law. The approximately 40-50% of tenants who did receive lead disclosure notices were tenants receiving Section 8 financial housing assistance. Those tenants received disclosures under the direction of the public housing agencies that work directly with low-income tenants and their landlords to administer the Section 8 program. However, even when tenants were provided lead disclosure forms, the disclosures repeatedly contained false statements concealing hazardous conditions and the existence of reports pertaining to lead paint hazards in the properties.
In addition to providing false lead disclosures to renters, the defendants also provided false lead disclosure statements to buyers of numerous properties they owned/operated. Many of those properties had an extensive history of lead paint violations documented by the health department.
The complaint further states that the properties owned/operated by the Dalfin and Heil have a long-documented history of lead-based paint violations and reports of children with elevated blood lead levels. Between 2013 and 2020, at least 54 of the properties identified as being owned or managed by the defendants have been cited for lead hazards or conditions conducive to lead poisoning by the health department. For example, between 2013 and 2019, at least 23 children had an elevated blood lead level while residing at these properties, and seven of those properties had multiple child elevated blood lead level referrals. The defendants received notification from the health department of the lead-based paint violations. In correspondence with potential investors, the defendants misrepresented that the health department violations had been addressed. Dalfin And Heil were well aware of potential lead-based paint hazards but continued to sell properties with false lead disclosures.
The complaint is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi. Additional assistance was provided by the New York State Attorney General’s Office.
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.
# # # #
Massachusetts Man Pleads Guilty After Getting Caught with Nearly 60-Pounds of MethamphetamineRead 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 Daren Lewis, 40, of Quincy, MA, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute 500 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorneys Justin G. Bish and Nicholas T. Cooper, who are handling the case, stated that on July 10, 2020, Homeland Security Investigations (HSI) in Flagstaff, Arizona received an alert regarding a suspicious cargo shipment, originating in California and destined for Tonawanda, NY. The shipment was manifested as personal effects and the phone number provided by the shipper was not a working number.
HSI Buffalo and the Erie County Sheriff's Office began investigating the shipment after its arrival in Tonawanda. At approximately 1:45 p.m. on July 13, 2020, the defendant arrived at an area cargo terminal in a U-Haul rental truck. After going inside the office, Lewis returned to the truck and backed the U-Haul up to the container holding the suspicious shipment. Lewis opened the locks on the container and positioned the doors of the U-Haul truck to obscure the area between the truck and the container before going into the container. After a short time, he was observed in the cab of the truck and appeared to be using a telephone. After closing the doors on the back of the U-Haul truck and driving away from the cargo terminal, the defendant was stopped on Sheridan Drive in Tonawanda by Erie County Sheriff's Deputies. The defendant and the U-Haul truck were transported to an Erie County Sheriff's Office. A search warrant was executed on the U-Haul. Inside, investigators discovered two cardboard boxes containing shrink wrapped packages. One of the packages was opened and found to contain a bag of a white crystal substance, which field tested positive for methamphetamine. The shipment contained a total of 59.5 pounds of suspected methamphetamine. The estimated street value of the suspected methamphetamine is $2,700,000. Lewis was arrested.
The plea is the culmination of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael Filicetti.
Sentencing is scheduled for October 13, 2021, before Judge Vilardo.
# # # #
Lancaster Man Going to Prison for A Decade for Selling Heroin and Fentanyl That Led to A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Levine, 24, of Lancaster, NY, who was convicted of conspiring to distribute heroin and fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Joseph M. Tripi and Charles J. Volkert, Jr., who handled the case, stated that between June 2013 and March 23, 2017, the defendant conspired with Robert Moore and others to distribute heroin in the City of Buffalo and surrounding suburbs. Levine was a user of the heroin and fentanyl he obtained from Moore, but during the course of the conspiracy, he also re-distributed some of the drugs to other users for profit.
On February 18, 2017, Levine received a quantity of heroin and fentanyl from Moore, which Levine, in turn, distributed to an individual identified as B.G., who thereafter died as the result of an overdose.
During the course of the investigation, law enforcement officers from the Amherst, Lancaster, and Buffalo Police Departments, and the New York State Police and DEA, conducted 11 controlled purchases of fentanyl and butyryl fentanyl from co-defendant Robert Moore. Additionally, on February 23, 2017, law enforcement officers with the Amherst Police Department conducted a controlled purchase of fentanyl from Joshua Levine. On March 16, 2017, law enforcement officers conducted search warrants at Robert Moore’s residence on Glenwood Drive in Williamsville, NY, and also at Joshua Levine’s residence on Aurora Street in Lancaster, NY. A quantity of fentanyl with identical drug packaging was discovered at each of those residences.
Both Robert Moore and Joshua Levine were arrested the day of the search warrants.
Robert Moore was previously convicted and is awaiting sentencing. Two other co-defendant, Reese Moore, and Kevin Abernathy, were also previously convicted and sentenced.
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 Police 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 Filicetti; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
# # # #
Buffalo Man Who Escaped from Halfway House Following Federal Prison Term 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 Rashaad Samuel, 30, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to escape. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who are handling the case, stated that in May 2018, the defendant was sentenced to serve 48 months in prison for his conviction on federal drug charges. On June 5, 2020, Samuel, who had a projected release date of October 4, 2020, was furlough transferred from the Federal Correctional Center Pollock, in Pollock, Louisiana, to a community-based placement at the Volunteers of America, Residential Reentry Center (RRC) in Rochester, NY in order to complete his sentence. On September 25, 2020, the defendant signed out of the RRC to go to his work site and was scheduled to return on early the following morning. He failed to return. After numerous attempts, the RRC made contact with Samuel and instructed him to report to the RRC by 5:00 a.m. The defendant failed to return and remained in “escape status” until he was arrested in February 2021 by the United States Marshal Service.
The plea is the result of an investigation by the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for September 17, 2021, before Judge Arcara.
# # # #
Rochester Man Sentenced to 13 Years in Prison for Chinappi's Gun Store BurglariesRead 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 Luis D. Marcano-Agosto, 36, of Rochester, NY, who was convicted of theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon, was sentenced to serve 156 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $41,500 in restitution to August Chinappi, the victim of the burglary and the former owner of Chinappi’s Firearms & Supplies.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Marcano-Agosto, along with co-defendants Dakota Sarfaty and Marcos D. Guzman, broke into Chinappi’s Firearms & Supplies – a gun store located at 5016 West Ridge Road in Spencerport, NY – in the early morning hours on August 16, 2018, and stole a total of 87 firearms. Sarfaty entered the basement through the hole in the wall and, together with Marcano-Agosto and Guzman, stole the guns, almost all of which were handguns. Thereafter, Guzman, Sarfaty and Marcano-Agosto sold many of the firearms on the streets of Rochester. Sarfaty also previously broke into Chinappi’s Firearms & Supplies and stole six firearms on August 12, 2018.
To date, approximately 31 of the stolen firearms have been recovered by law enforcement. The remainder of the stolen firearms have not yet been recovered.
Sarfaty was convicted and sentenced to serve 175 months in prison, while Guzman was convicted and sentenced to serve 240 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; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Cynthia Herrion-Sullivan.
# # # #
Williamsville Doctor to Pay Fine for Failing to Safeguard Controlled Substance Prescribing Token and PasswordRead 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. Nora Meaney-Elman, a Williamsville physician, has agreed to pay $60,000 to resolve allegations that she violated the Controlled Substances Act by failing to safeguard the token and password she used to e-prescribe controlled substances.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between September 2015 and March 2018, Dr. Meaney-Elman failed to safeguard her controlled substance prescribing token and password. As a result, her employee, Kristy Brucz, used the token and password to write 156 illegal prescriptions for controlled substances. Brucz wrote the prescriptions in her own name and in the names of 12 other individuals, both real and fictitious, and had the prescriptions filled at various area pharmacies.
Kristy Brucz was convicted criminally of obtaining a controlled substance by fraud and was sentenced in September 2020 to serve two years’ probation and ordered to pay restitution totaling $1,911.23.
“As its name implies, the Controlled Substance Act is premised on the notion that the prescribing and distribution of certain dangerous and/or addictive substances must be controlled,” noted U.S. Attorney Kennedy. “When those entrusted with such control fail to safeguard their prescribing credentials—as Dr. Meaney-Elman did here—the entire regulatory scheme is undermined.”
The settlement with Dr. Meaney-Elman is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The claims resolved by the settlement are allegations only, and there have been no determinations of liability.
# # # #
Quebec Woman Arrested, Charged with Selling and Smuggling Wildlife SkullsRead 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 Vanessa Rondeau, 26, of Montreal, Quebec, was arrested and charged by criminal complaint with Lacey Act Trafficking, Lacey Act False Labeling, and smuggling. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, the defendant owns and operates a business called The Old Cavern Boutique in Montreal, which offers for sale a variety of unique curiosity and oddity items, many composed in whole or in part from wildlife. A review of The Old Cavern Boutique’s Facebook page revealed numerous wildlife items for sale, many of which are protected under Federal laws.
On August 29, 2019, Rondeau advertised a taxidermy mounted crow for sale through Facebook for $325. The advertisement included a photograph and instructions to “pm [private message] if interested.” On September 20, 2019, United States Fish and Wildlife Service (USFWS) Special Agent sent the defendant a Facebook private message, in a covert capacity, inquiring about the crow mount. The Special Agent stated that he resided in the United States and asked about the cost to have the crow mount shipped, and about any problems shipping “these things” to the United States because it might be a “protected species.” Rondeau replied that she has never had a problem and explained, “I label them as Art piece.”
On December 3, 2019, and again on December 28, 2019, Rondeau offered a polar bear skull for sale. The post included photographs listed an asking price of $750 dollars (in the first posting) and $799 (in the second posting). The post instructed interested buyers to “pm [private message] if interested.” On January 13, 2020, in a covert capacity, the USFWS Special Agent contacted the defendant and requested photos of any available polar bear skulls. Rondeau sent a photograph of a polar bear skull with a comment that it was her “Last one.” The defendant offered to sell the polar bear skull for $750, plus $30 for shipping to Buffalo, NY. After requesting and receiving additional photographs, the Special Agent agreed to buy the polar bear skull. The Special Agent received the polar bear skull on February 2, 2020.
On January 24, 2021, Rondeau posted an advertisement for another polar bear skull for sale for $699 on The Old Cavern Boutique Facebook page. The Special Agent again expressed interest in buying the polar bear skull, and the defendant agreed on the price of $685 for the skull, which included a $35 shipping fee. On February 11, 2021, the Special Agent received the second polar bear skull.
The defendant made an initial appearance in U.S. District Court in Vermont and was released on $50,000 cash bail. Rondeau will appear in the Western District of New York on June 15, 2021, at 11:30 a.m. before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the United States Fish and Wildlife Service, under the direction of Ryan Noel, Special Agent-in-Charge of the USFWS-Office of Law Enforcement North-Atlantic Appalachian Region. Additional assistance was provided by the Vermont Office of Homeland Security Investigations, and the Vermont Office of Customs and Border Protection.
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.
# # # #
Buffalo Man Pleads Guilty for His Role in Cocaine 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 Louis Gilbert, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. 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. Attorneys Richard Antoine and Laura A. Higgins, who are handling the case, stated that between July 2019, and January 10, 2020, the defendant conspired with others to sell cocaine. On January 10, 2020, Gilbert and co-defendant Saan Thompson engaged in a text communication regarding a drug sale. Thereafter, investigators set up surveillance in the vicinity of 189 May Street and observed Thompson and Gilbert meet inside of the residence. Afterwards, Erie County Sheriff’s deputies conducted a traffic stop of the vehicle Gilbert was driving and he was found in possession of suspected cocaine.
Saan Thompson and another co-defendant Ronnie Charleston were previously convicted and are awaiting sentencing. Charges remain pending against co-defendant Antoine Gilbert. 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; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; 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.
Sentencing is scheduled for September 14, 2021, before Judge Arcara.
# # # #
Virginia Man Pleads Guilty to Conspiring to Distribute over Two Tons of Illegal MarijuanaRead 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 McDonald, 23, of Virginia, pleaded guilty before U.S. District Judge John L. Sinatra to conspiring to distribute 1,000 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorney Misha Coulson, who is handling the case, stated that on August 23, 2020, a commercial tractor bearing Canadian plates was encountered at the Peace Bridge Port of Entry and was said to contain two shipments of empty plastic bottles and paper product. The truck was referred to secondary inspection for a vehicle x-ray scan. A physical inspection of five wooden pallets inside revealed 1,848.5 kilograms of marijuana located on pallets.
Subsequently, law enforcement officers conducted a controlled delivery operation. This included a vehicle stop of a Jeep Cherokee in which the defendant was riding. The Jeep was observed following the shipment of marijuana and conducting counter surveillance of law enforcement in the area. Law enforcement observed a loaded 9mm semi-automatic handgun partially tucked under the defendant’s leg. An additional loaded magazine for the handgun was later located on McDonald’s person. Also, in the vehicle at the time of the stop were co-defendants Joseph Lee Ellis and Heather Nicole Dommer, who was driving the vehicle.
Charges remain pending against co-defendants Joseph Lee Ellis and Health Nicole Dommer. 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 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 will be scheduled at a later date.
# # # #
Rochester Man, Previously Convicted of Sexually Abusing A Child, Arrested on Child Pornography ChargesRead 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 Rammacher, 62, of Rochester, NY, was arrested and charged by criminal complaint with receiving and possessing child pornography, following a New York State conviction of Sexual Abuse in the First Degree. The charges carry a minimum penalty of 15 years in prison, a maximum of 40 years prison, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, in 2014 the defendant was arrested by the New York State Police in Warren County, NY, after it was discovered that he sexually abused a four year old female in his care. Rammacher was convicted and sentenced to serve 10 years of sex offender probation. In 2015, defendant moved to Rochester and his probation supervision was transferred to the Monroe County Probation Department. During a routine visit in 2019, Probation Officers discovered that Rammacher possessed a laptop computer, which contained sexually explicit material in violation of his probation conditions.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing.
The criminal complaint is the result of an investigation by the Monroe County Probation Department, under the direction of Chief Probation Officer Jennifer Ball, and the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Rochester Man Faces up to Life in Prison After Pleading Guilty to Methamphetamine 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 Richard E. Kinsey Jr., 36, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo, to conspiracy to possess with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorneys Joshua A. Violanti and Nicholas T. Cooper, who are handling the case, stated that between September 2019, and February 20, 2020, the defendant conspired with co-defendant Brandi Whitford to sell methamphetamine. On September 6, 2019, investigators executed a search warrant at the residence Kinsey shared with Whitford on Newland Avenue in Jamestown. During the search, three firearms were recovered. A fourth firearm was thrown from the residence during the search. In addition, investigators recovered approximately 159 grams of methamphetamine, approximately $12,045 in US currency, assorted ammunition, and drug paraphernalia. On October 23, 2019, investigators executed another search warrant at the residence and recovered an additional 53 grams of methamphetamine.
On February 20, 2020, investigators assisted the U.S. Marshal’s Service with locating Kinsey, who was wanted on a federal arrest warrant. After learning the defendant might be at a residence on Hedges Avenue in Jamestown, law enforcement made an attempt to contact Kinsey who attempted to flee before being taken into custody. Investigators recovered methamphetamine, a digital scale, drug paraphernalia, brass knuckles, and a loaded handgun from the Hedges Avenue residence.
Terrance McRae was previously convicted and sentenced to serve 36 months in prison. Brandy Whitford was also previously convicted and is awaiting sentencing.
The plea is the result of an investigation by 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 Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; and the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for October 8, 2021, before Judge Vilardo.
# # # #
Postal Worker Fined for Failing to Deliver over 1,300 Pieces of MailRead 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 Sean Barrett, 30, of Sanborn, NY, who was convicted of delay or destruction of mail, was fined $600.00 by U.S. Magistrate Judge Jeremiah J. McCarthy.
Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that the defendant was employed as a U.S. Postal Service mail carrier assigned to the Lewiston Post Office and responsible for mail deliveries in Lewiston and Youngstown, NY. On October 13, 2020, Barrett was to deliver 1,314 mail pieces, including 502 first class mailings, two certified mailings, and 794 standard mailings, for delivery in the Youngstown area. Instead of delivering those mail pieces, the defendant placed them in a wooded area off Pletcher Road in Youngstown. They were recovered later that day by law enforcement officers. Six days later, on October 19, 2020, fourteen bundles of banded Western New York Value newspapers, dated between August 29 and October 10, 2020, were discovered by USPS agents discarded in a wooded area just west of where the mail pieces were discovered. Barrett was interviewed by USPS agents on October 20, 2020 and admitted to dumping the mail and newspapers instead of delivering them.
The sentencing 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 the Lewiston Police Department, under the direction of Chief Frank Previte.
# # # #
Jamestown Man Arrested While on Parole Going to Prison on Crack Cocaine ConvictionRead 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 Shaquelle Coleman, 28, of Jamestown, NY, who was convicted of possession with intent to distribute crack cocaine, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that on January 23, 2019, the defendant was arrested with another absconding parolee, Earl Stone Jr., for violating terms of parole. Coleman and Stone were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. During a search of the two defendants, law enforcement officers recovered $1,400 in U.S. Currency. They also recovered a quantity of suspected crack cocaine, a digital scale with white residue, and three cellular telephones from the residence.
Earl Stone was previously convicted and sentenced to serve 32 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; the Jamestown Police Department, under the direction of Chief Timothy Jackson; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; and the New York State Police, under the direction Major James Hall.
# # # #
Fredonia Man Pleads Guilty to 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 that Dustin Post, 25, of Fredonia, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to production and possession of child pornography. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of 50 years in prison, and a fine of $250,000.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that the New York State Police in Fredonia began investigating the defendant after receiving a parental complaint involving the commission of a possible sex offense upon a minor.
In the summer of 2019, Post video-recorded his abuse of a 12-year-old girl. On November 15, 2019, investigators removed a cellular telephone, a laptop computer, and four flash drives from the defendant’s residence. An initial review of the electronic devices recovered multiple images and videos of suspected child pornography.
The plea is a result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major James Hall.
Sentencing is scheduled for October 1, 2021, at 9:30 a.m. before Judge Vilardo.
# # # #
Wolcott Man Arrested, Charged with Receipt and Possession 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 Roger Roberts, 49, of Wolcott, NY, was arrested and charged by criminal complaint with possession of child pornography involving prepubescent minors and receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in October 2020, the New York State Police in Wolcott received a complaint regarding the online activities of the defendant. On October 19, 2020, investigators searched the defendant’s residence on East Port Bay Road in Wolcott. During the search, investigators observed impressions in the carpeting in the first-floor den, indicating that furniture had recently been removed. Power cords and computer related equipment were present in the den; however, no computer was present. Investigators found an iPhone and two shotguns in the residence. During the search of a barn located on the property, just across the street from the main residence, investigators discovered damaged remains of a computer desk and computer components in a garbage tote in the driveway of the barn. Notably absent was a computer tower and/or hard drive. Concealed within a pile of wood scraps inside the barn were a damaged computer tower, another iPhone, and 10 additional firearms.
A forensic review of the computer recovered 69 images and 13 videos of child pornography. The images included the sexual abuse of minors. In addition, investigators recovered Snapchat messages that were sexual in nature involving the defendant and a 13-year-old from one of the iPhones.
The complaint 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.
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.
# # # #
Upper Allegheny Health System to Pay $2.7 Million to Settle False Claims Act AllegationsRead 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 Upper Allegheny Health System (UAHS), a health care system which operates several dental clinics in the Southern Tier of New York and in Pennsylvania, has agreed to pay $2.7 million dollars to resolve False Claim Act allegations. Under the settlement, the federal government will receive approximately $1.3 million dollars.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case for the U.S. Attorney’s Office in Buffalo, stated that between April 1, 2010, and May 31, 2015, UAHS submitted false claims to Medicaid for dental services that were performed using handpieces which had not been appropriately sterilized. Dental handpieces are considered semi-critical devices and are therefore required to be heat sterilized between each patient use. UAHS failed to purchase sufficient dental hand pieces to allow for such heat sterilization. Instead, UAHS directed personnel to use CaviWipes to “clean” handpieces between patients. The government alleged that billing Medicaid for services provided using unsterilized dental handpieces violates the Federal False Claims Act as well as the New York False Claims Act.
“It is inconceivable that a healthcare business would seek to cut corners when it comes to the appropriate cleaning and sterilization of medical devices,” noted U.S. Attorney Kennedy. “This settlement under the False Claims Act holds Upper Allegheny accountable for the risks created for patients in the past, while ensuring that in the future patient safety will be preserved and that taxpayers will only pay for services which are properly provided.”
This settlement was reached by the U.S. Attorney’s Office for the Western District of New York, in conjunction with the U.S. Attorney’s Office for the Western District of Pennsylvania, and the New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU).
The case against UAHS was brought in federal court by a whistleblower who alleged the health system violated the federal False Claims Act and the New York False Claims Act by improperly billing health care programs. Under the federal False Claims Act, private citizens are permitted to bring lawsuits known as qui tams on behalf of the United States and receive a portion of the proceeds of any settlement or judgment awarded against a defendant.
New York's Medicaid program provides medical insurance to groups of low-income people and individuals with disabilities. Medicaid is a nationwide program jointly funded by the federal government and states. Medicaid eligibility, benefits, and administration are managed by states within federal guidelines.
The claims resolved by this settlement are allegations only, and there have been no determinations of liability.
# # # #
Buffalo Man Pleads Guilty to Gun 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 Arthur Everett, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to commit firearms offenses and being a felon in possession of firearms. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
“With violence skyrocketing in Buffalo, my office remains committed to doing all that we can to apprehend those who are helping to fuel this violence by illegally trafficking guns in our community,” stated U.S. Attorney Kennedy. “Today’s illegally trafficked guns become tomorrow’s crime guns.”
Assistant U.S. Attorneys Caitlin M. Higgins and Charles E. Watkins, who are handling the case, stated that between February 2018, and June 2019, the defendant, without being a licensed firearms importer, manufacturer, dealer, or collector, conspired with co-defendant Von Harmon to sell firearms. In May 2019, Everett introduced Von Harmon to an individual in Buffalo who bought seven firearms from Von Harmon for $6,000. The defendant was present during the sale, participated in price negotiations, and describing the firearms to the individual. The firearms included five pistols, a revolver, and a handgun.
In October 2009, Everett was convicted in Erie County Court of Criminal Possession of a Weapon in the Second Degree and Attempted Assault in the Second Degree. In April 2008, the defendant was convicted in Erie County Court of Attempted Criminal Possession of a Weapon in the Second Degree. As a result, Everett is legally prohibited from possessing a firearm.
Von Harmon was previously convicted and is 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; 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.
Sentencing is scheduled for September 13, 2021, before Judge Arcara.
# # # #
Registered Sex Offender from California Going to Prison for More Than 12 Years for Enticement of A 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 Carlos Francisco Lopez, 32, of Los Angeles, CA, who was convicted of enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity, was sentenced to serve 147 months in prison and 15 years supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.
Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.
On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, “hey u there... this bus ride sucks.” The UC stated she was due into California around 10:00 pm on January 19, 2018, and asked what to do upon arrival. The defendant replied, “call me or text me. Wait at the station, and ill send an uber.” Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.
In 2011 and 2012, Lopez was convicted of sexual offenses against minor children in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee.
The sentencing 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; and the City of Tonawanda Police Department, under the direction of Chief William Strassburg.
# # # #
Buffalo Man Pleads Guilty to Selling Fentanyl and Possessing A GunRead 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 D’Mario Caesar, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorneys Michael J. Adler, Seth T. Molisani, and Richard Antoine, who are handling the case, stated that on April 24, 2018, investigators executed two search warrants at City of Buffalo residences associated with the defendant: 203 May Street and an apartment at 1040 Delaware Avenue. The search of 203 May Street resulted in the seizure of approximately 103 grams of fentanyl, over 300 grams of butyryl fentanyl, approximately 80 grams of cocaine, 37 glassine envelopes containing fentanyl, three digital scales, a metal press, and a bag of cut. In addition, investigators seized a .45 caliber pistol with 13 rounds of ammunition. At 1040 Delaware Avenue, investigators seized $11,000 in U.S. currency and additional drug packaging materials.
The plea is the result of an investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for August 30, 2021, at 12:30 p.m. before Judge Arcara.
# # # #
Former Local Doctor Going to Prison for 5 Years for Illegally Distributing Controlled SubstancesRead 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 T. Keefe, 40, of Florida, who was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone, hydrocodone, and amphetamine, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also sentenced to serve five years supervised release to include six months home detention.
“This case highlights the powerful grip of addiction,” stated U.S. Attorney Kennedy. “The defendant was a medical professional and was well aware of the dangers of the illegal use of prescription medications, yet he created a web of accomplices which allowed him to obtain controlled substances and continue to fuel his addiction.”
“Now, more than ever, the public entrusts doctors with their health and well-being. Today’s sentence demonstrates that when a doctor betrays that trust and risks the welfare of others, there are very real consequences,” said DEA Special-Agent-in-Charge Ray Donovan. “I applaud the hard work of our Buffalo District Office Diversion Investigators and Intelligence Analysts, as well as the fortitude of our colleagues at the U.S. Attorney’s Office, Western District of New York, who saw this case through.”
Assistant U.S. Attorney Joshua Violanti, who handled the case, stated that the defendant was a New York State licensed physician who was previously employed as a contracted physician at the Erie County Medical Center (ECMC), Mercy Hospital of Buffalo, and the Monsignor Carr Institute. Between January 1, 2014, and February 23, 2018, Keefe conspired to divert, and diverted, Schedule II and Schedule IV controlled substances by issuing fraudulent prescriptions to his co-workers, friends, and drug-dealing and drug-using associates, including, co-defendants Benjamin Rivera, Laura Ricotta, Takeya Rainey, and Phousavath Luangrath. These prescriptions were issued without a legitimate medical purpose and outside the usual course of professional practice.
The defendant and co-defendant Rivera have been associates for several years. For nearly five years, Rivera sold cocaine to Keefe, who was active user of cocaine, Adderall, and prescription opiates. In January 2014, the defendant began issuing prescriptions in the names of Rivera and nine of Rivera’s relatives and associates to exchange for cocaine and for a share of the prescribed drugs. Neither Rivera nor any of his relatives or associates were patients of Keefe.
In April 2015, the defendant began issuing prescriptions to Rivera’s girlfriend, co-defendant Laura Ricotta. Keefe also used the names and personal information of six relatives and associates of Ricotta to issue fraudulent prescriptions. Neither Ricotta nor any of her relatives or associates were patients of the defendant. Keefe often drove Ricotta to a pharmacy to a pharmacy to fill the prescriptions, which the two then split.
In the summer of 2017, the defendant began issuing prescriptions to co-defendant Takeya Rainey. Rainey also provided the names of her relatives and associates to Keefe, none of whom were his patients. In exchange for the controlled substances, the defendant sometimes gave Rainey gift or Visa cash cards.
Beginning in January of 2017, Keefe and co-defendant Luangrath were involved in an intimate relationship. At some point, the defendant Luangrath agreed to allow the defendant to issue prescriptions in her name.
Between January 1, 2014, and February 23, 2018, the defendant issued 179 fraudulent prescriptions in his own name and the names of others, for Schedule II and Schedule IV controlled substances.
Defendants Rivera, Ricotta and Luangrath were previously convicted and sentenced. Rivera was sentenced to time served (28 months). Ricotta was also sentenced to time served (15 months). Luangrath was sentenced to serve one-year probation. Defendant Rainey was also previously convicted and is awaiting sentencing.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
# # # #
Indiana Man Going to Prison for 10 Years 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 Dakota Casey, 29, of Lafayette, Indiana, who was convicted of transportation of child pornography, was sentenced to serve 120 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who handled the case, stated that on June 27, 2018, the defendant attempted to enter Canada from the United States using the Peace Bridge. Officials from Canada Border Services Agency (CBSA) discovered images of child pornography involving three minor victims on defendant’s cell phone. The defendant was refused entry into Canada, and he and his phone were turned over to U.S. authorities. In addition, between 2017, and June 27, 2018, Casey communicated with minors under the age of 18 years of age via the internet. Knowing that each was under the age of 16, the defendant requested that four victims take and send him child pornography images of themselves. Some of the images Casey persuaded two of the victims to produce portrayed sadistic conduct.
The sentencing 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. Additional assistance was provided by the Canada Border Services Agency.
# # # #
Grand Island Man Pleads Guilty to Aggravated 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 Timothy L. Mulvey, 34, of Grand Island, pleaded guilty before U.S. District Judge Richard J. Arcara to two counts of aggravated bank robbery, which carries a maximum penalty of 50 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that on June 27, 2018, the defendant entered the Northwest Savings Bank on Grand Island Boulevard on Grand Island and, wearing a disguise, approached the teller, displayed in his waistband a dangerous weapon that looked like a handgun, and demanded cash. Mulvey said to the teller, “you have 15 seconds to give me everything you have” and followed up stating “50’s and 100’s.” The victim teller passed the defendant approximately $2,044.00 in United States currency and Mulvey exited the bank. Thereafter, on July 11, 2018, the defendant entered the M&T Bank on Military Road in Niagara Falls. Wearing a disguise and carrying a bag, Mulvey approached the teller and demanded cash. The defendant told the victim teller “you have 30 seconds to give me everything” and pulled a dangerous weapon that looked like a black gun halfway out of his bag. The victim teller passed the defendant approximately $913.00 in United States currency, and Mulvey exited the bank.
At the time of the bank robberies, Mulvey was on New York State parole. After the robbery, he met with his parole officer, Niagara Falls Police detectives, and members of the FBI for multiple interviews. During those interviews, the defendant provided conflicting and false information regarding his whereabouts on July 11, 2018. Mulvey also provided his cellphone to law enforcement and consented to its download. However, the defendant, with the assistance of his then girlfriend, attempted remotely to erase the phone while it was in the possession of law enforcement. When confronted about the wiping of his phone, Mulvey falsely blamed his employer.
Between July 2018 and July 2019, while in the custody, the defendant’s telephone calls were subject to recording and monitoring. On July 22, 2018, Mulvey called his then girlfriend from jail and instructed her to search in the basement insulation of their shared residence and to take whatever she found and “Go find a dumpster somewhere and throw everything out.” The defendant told his girlfriend that New York State parole had planted something in the basement insulation “probably near the washer and dryer.” The girlfriend found a black gun wrapped in clear plastic and a black rectangular cartridge in the insulation of the basement ceiling. After discovering those items, the girlfriend went to Mulvey’s parents’ house and gave the gun to the defendant’s father, co-defendant Lawrence Mulvey. Soon thereafter, that gun, which had been used in the robbery of the M&T Bank on July 11, 2018, was thrown away.
Mulvey made several other phone calls related to the investigation of the bank robberies to his then girlfriend, mother (co-defendant Cheryl Mulvey), and others. On a September 27, 2018, recorded jail call, the defendant instructed his girlfriend that if she were to speak to law enforcement again, she should tell them that she was drunk and coerced to give her prior statement. During a March 2, 2019, recorded jail call, Mulvey and his mother discussed Cheryl Mulvey’s pending grand jury appearance. The defendant stated, “You have the right to plead the Fifth. You don’t have to say anything to these people if you don’t want to.” On other calls during March 2019, Mulvey and his mother discussed his girlfriend and her relationship to the investigation. During one call, the defendant asked Cheryl Mulvey after her grand jury appearance, “Well, they, you made it pretty clear that she was drinking during this time, right?”
Charges remain pending against Mulvey’s parents Lawrence and Cheryl, and his sister Kelsey for their roles in this case. 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. Kelsey Mulvey, a former nurse at Roswell Park Cancer Center, previously pleaded guilty in a separate case to tampering with a consumer product for stealing controlled medications from medication dispensing machines and is 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, 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.
Timothy Mulvey is scheduled to be sentenced on September 2, 2021, before Judge Arcara.
# # # #
Painted Post Man Pleads Guilty to Child Pornography Charge After Offering Images to an Undercover Investigator OnlineRead 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 Jordan Sowersby, 27 of Painted Post, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing child pornography depicting prepubescent minors, after having sustained a prior child pornography conviction. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in January and February 2021, an undercover FBI Special Agent located the defendant offering child pornography for download on the internet. The undercover agent downloaded child pornography directly from Sowersby, which enabled the FBI to determine the defendant’s location in Painted Post. Subsequent investigation revealed that Sowersby is a registered sex offender as a result of a prior New York State child pornography conviction.
On February 26, 2021, the FBI, accompanied by members of the Steuben County Sheriff’s Office and the New York State Police, executed a federal search warrant at the defendant’s home and seized multiple digital devices. A forensic analysis recovered hundreds of images and videos of child pornography.
The plea is the result of an investigation by the Corning, NY, Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Steuben County Sheriff’s Office, under the direction of Sheriff James Allard; and the New York State Police, under the direction of Major Barry Chase.
Sentencing is scheduled for August 24, 2021, at 10:00 am before Judge Siragusa.
# # # #
Buffalo Woman and Man Plead Guilty for Their Roles in Violent RobberiesRead 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 Tiana Matias, 28, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to Hobbs Act Robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. In addition, Philip Purdue, 42, also of Buffalo, pleaded guilty to possessing and brandishing a firearm in furtherance of a crime of violence, which carries a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on February 19, 2019, defendant Matias placed a food delivery order with the Niagara Deli & Pizzeria utilizing *67 as a means to hide her telephone number. As the delivery driver (Victim A) arrived on Gorton Street in Buffalo, Matias texted co-defendant Jacob Melvin that the delivery driver was “outside.” Brandishing a firearm, Melvin approached Victim A and demanded money. Melvin then stole money and food from the delivery driver and ran into the area of 36 Hoffman Street in Buffalo. At 36 Hoffman Street, Buffalo Police Officers found the Matias and Melvin. Officers also located the stolen food inside the residence.
On March 1, 2019, defendant Purdue and co-defendant Jacob Melvin committed an armed robbery at Parkside Village, LLC, an apartment/housing complex on Shelley Court in Tonawanda, NY. Purdue and Melvin entered Shelley Court and proceeded to the leasing office. Melvin brandished a firearm at a tenant and a rental agent and started demanding money. Melvin then began taking money, checks, and money orders from inside a desk drawer. Melvin then demanded the leasing agent get up and face the wall. While he was up against the wall with a handgun pointed at him, Melvin stole the leasing agent’s wallet which contained cash. At one point during the robbery, Melvin dropped the money and Purdue came into the room to help him. Purdue, who operated as a lookout, noticed a video camera, pulled his hood up, grabbed a white rag, and started wiping down areas where he and Melvin touched. Purdue and Melvin then left on foot. The two men shared the stolen proceeds.
Hobbs Act Robbery and various firearm offenses remain pending against co-defendant Jacob Melvin. 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 pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Tonawanda Police Department, under the direction of Chief James Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
Matias is scheduled to be sentenced on August 16, 2021, at 12:30 p.m., and Purdue is scheduled to be sentenced on August 20, 2021, at 12:30 p.m. Both sentencings will be before U.S. District Judge Richard J. Arcara.
# # # #
Buffalo Man Going to Prison for More Than 14 Years on Drug and Gun 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 Dijon Harris, 54, of Buffalo, NY, who was convicted of possessing with intent to distribute 28 grams or more of crack cocaine, and possessing a firearm in furtherance of drug trafficking activity, was sentenced to serve 175 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials. The cash, firearms, ammunition, and a 2011 Lincoln MKX SUV were forfeited to the United States.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
# # # #
Olean Man Going to Prison for Receiving Naked Pictures of Young Girls on Social MediaRead 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 Shane Guay, 30, of Olean, NY, who was convicted of receipt of child pornography, was sentenced to serve 144 months in prison and 10 years supervised release by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who handled the case, stated that in November 2016, the defendant solicited minor victims through the Instagram application to produce images of child pornography. On November 6, 2016, the defendant received an image of Victim 1, who was 12 years old at the time. On November 8, 2016, Guay received two images of Victim 2, who was 13 years old at the time.
During the investigation, law enforcement officers recovered 154 images and five videos of child pornography on electronic devices seized from the defendant. Some of the images included prepubescent children, as well as depictions of violence.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the HSI Office of International Affairs in S. Africa; the New York State Police, under the direction of Major James Hall; the Olean Police Department, under the direction of Chief Jeff Rowley; the Harris County, GA Sheriff’s Office, under the direction of Sheriff Mike Jolley; and the Ayer, Massachusetts Police Department, under the direction of Chief William A. Murray.
# # # #
Federal Grand Jury Indicts Buffalo Man for Being A Felon-In-Possession of A FirearmRead 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 returned an indictment charging Kaylen Edwards, 23, of Buffalo, NY, with being a felon-in-possession of a firearm. The charge carries carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the indictment and a previously filed complaint, on November 7, 2020, Cheektowaga Police Officers responded to Pinehurst Avenue, where a limousine bus party was being let out, following a report of disorderly persons. According to the complaint, earlier that day, the defendant was identified on social media flashing a black and silver handgun and wearing a distinct black and red jacket inside the limousine bus. A member of law enforcement sent a photo of the social media post to responding officers.
While on Pinehurst Avenue, officers observed Edwards getting into the front passenger seat of a vehicle with Georgia license plates and leave the area. The officers then observed the vehicle in violation of multiple vehicle and traffic infractions and conducted a traffic stop. The officers observed a marijuana cigar end in the center console area and immediately detected the odor of burnt marijuana emanating from the vehicle. Officers identified Edwards as the passenger. The defendant was detained. During a pat frisk, an officer felt and observed a handgun in Edwards’ side waist band. The handgun was loaded with a magazine containing seven .45 caliber rounds and one .45 caliber round in the chamber. In November 2017, the defendant was convicted of Attempted Criminal Possession of a Weapon in New York State Court, and as a result of that conviction, he is prohibited from legally possessing a firearm.
The indictment is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Buffalo Man Pleads Guilty to His Role in Three Armed Credit Union RobberiesRead 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 Adrian D. Applewhite a/k/a Boons, 33, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to three counts of aggravated bank robbery and one count of brandishing a firearm 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 $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that the defendant robbed three credit unions:
• On the morning of October 26, 2017, Applewhite and two other associates robbed the Lakeshore Federal Credit Union on Erie Road in Evans, NY. Applewhite planned the robbery and provided instructions and a firearm to Khalil Holland to assist the robbery. Holland entered the Lakeshore Federal Credit Union wearing a mask and brandishing a semi-automatic pistol while Applewhite waited in a car nearby. Holland approached the teller and demanded money; however, the alarm was activated, and Holland left without taking any money. Holland was arrested shortly thereafter and subsequently convicted by the Erie County District Attorney’s Office. Applewhite also fled the scene but was not apprehended.
• On July 24, 2019, Applewhite entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna, NY while co-defendant Ronald Morris, a/k/a Cracks, waited outside. Inside the credit union, Applewhite approached the teller, asked a question, and “cased” the credit union. The next day, on July 25, 2019, Morris and another associate entered the credit union wearing dark colored clothing and face masks and conducted a bank robbery with pepper spray and a pistol while Applewhite, the getaway driver, sat in a car nearby. Morris and the associate traversed the teller’s counter, sprayed the tellers with pepper spray, and went to the unlocked safe. Morris and the associate took $290,500 in United States currency. Applewhite took a share of the proceeds for his role.
• On October 31, 2019, Applewhite entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, NY. Applewhite approached the teller and asked whether the credit union had an ATM. Applewhite’s sole purpose in entering the credit union was to “case” it and facilitate a future effort by him and his associates to rob it. On November 7, 2019, Morris, and co-defendant Carl Wilson, a/k/a Baby C, armed with a pistol and donning masks and gloves, entered the credit union, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. Morris and Wilson ordered all the employees to the ground and demanded money. Wilson went behind the teller line and went through teller’s drawers. Morris went to the vault. A total of $148,793.90 in United States currency was taken. The defendant took a share of the proceeds for his role.
Carl Wilson was previously convicted and is awaiting sentencing. Charges remain pending against Ronald Morris. 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 the New York State Police, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Douglas J. Czora; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
Sentencing will be scheduled at a later date.
# # # #
Rochester Man Arrested - Charged with Unlawfully Possessing A GunRead 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 Kendrick, 27, of Rochester, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the complaint, on May 11, 2021, a Customs and Border Protection officer encountered the defendant traveling in an erratic manner at the Peace Bridge Port of Entry. The officer also smelled the odor of marijuana from inside the vehicle. During a search of the vehicle, another officer located a semi-automatic firearm. A records check revealed that in October 2011, Kendrick was convicted in Monroe County Court of the crime of Robbery in the 3rd degree, and as a result of such conviction, he is legally prohibited from possessing a firearm.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security Investigations, under the direction of Special Agent-in-Charge 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.
# # # #
Federal Grand Jury Indicts West Seneca Man on Child Pornography and Obstruction of Justice 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 a federal grand jury has returned a five-count indictment charging Shawn Johnson, 33, of West Seneca, NY, with three counts of receipt of child pornography, one count of possession of child pornography, and one count of obstruction of justice. Each of the charges carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the indictment and a previously filed complaint, in September 2019, investigators discovered an IP address, traced to the defendant, attempting to download suspected child pornography using the internet. On December 2, 2019, the FBI obtained a search warrant for Johnson’s Angle Road residence. As investigators executed the search, they encountered the defendant standing in his bedroom smashing a laptop computer against the wall and trying to damage it. The laptop, which sustained serious damage, was sent to the FBI's Digital Forensics Analysis Unit Laboratory where much of the data was recovered. The hard drive was found to contain numerous images and videos of child pornography.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and released on conditions.
The indictment is the result of an investigation by the by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
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.
# # # #
Federal Grand Jury Indicts Jamestown Man on Meth 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 a federal grand jury has returned an indictment charging Jun N. Martinez, 28, of Jamestown, NY, with narcotics conspiracy, possessing with intent to distribute methamphetamine, maintaining a premises for drug use and distribution, and possessing with intent to distribute methamphetamine on premises where an individual under 18 was present and resided. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that according to the indictment and a previously filed criminal complaint against Martinez’s girlfriend and co-defendant Antasia Babcock, on October 16, 2020, the Jamestown Metro Drug Task Force executed a New York State search warrant at the Wescott Street residence they shared with their children. During that search, law enforcement officers seized one pound of suspected methamphetamine hydrochloride, drug paraphernalia, and approximately $62,000 in cash.
The indictment is the result of an investigation by the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Antasia Babcock has also been indicted in this case. 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.
# # # #
Federal Grand Jury Indicts Buffalo Man and Woman on Narcotics Conspiracy and Cocaine 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 that a federal grand jury has returned an indictment charging Jose A Solis-Pizarro, 35, and Mirelys Camacho Betancourt, 25, both of Buffalo, NY, with narcotics conspiracy and attempting to possess with intent to distribute cocaine. The charges carry a mandatory minimum penalty of 5 years in prison and a maximum of 40 years.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on February 1, 2021, investigators executed a search warrant on a USPS Priority Mail Parcel addressed to a residence on Parker Avenue in Buffalo. Inside the parcel was approximately one kilogram of suspected cocaine. On February 2, 2021, defendant Camacho Betancourt arrived at the Parker Avenue residence and asked the USPS mail carrier if he had a parcel, specifically an express/priority box. On February 3, 2021, at approximately 11:00 a.m., an investigator attempted to conduct a controlled delivery of the parcel but there was no answer from within the residence. While the investigator was attempting delivery of the parcel, defendant Solis-Pizarro exited a vehicle across the street and approached the investigator, indicating that he lived at the residence and that the parcel was intended for him. Solis-Pizarro took the parcel, walked to the side of the residence, then emerged and got back into his vehicle with the parcel. Solis-Pizarro was taken into custody at that time and the parcel was recovered from the vehicle. Buffalo Police Officers located Camacho Betancourt a short time later in the vicinity of Tacoma and Parker Avenues. She attempted to flee in her vehicle but was taken into custody.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the U.S. Postal Inspection Service, under the direction of Acting Boston Division Inspector-in-Charge Joshua W. McCallister, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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.
# # # #
Local Hospital Nurse 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 Craig Marranca, 32, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a $250,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on September 18, 2017, New York State Police undercover investigators downloaded an image containing child pornography from the eMule/eDonkey peer-to-peer network. Investigators traced the image to an IP address belonging to the defendant’s spouse. The image was recovered later from Marranca’s laptop seized on October 27, 2017, during the execution of a search warrant at the defendant’s residence. A total of 18 electronic devices were seized during the search, including the laptop which contained 1,771 files of child pornography. Some of the images included prepubescent minors and depictions of violence.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major James Hall.
Sentencing is scheduled for September 27, 2021, at 9:30 a.m. before Judge Vilardo.
# # # #
Rochester Man Pleads Guilty to Violent Carjacking and Gun CrimeRead 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 Jacob Loyd, 21, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to carjacking and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life in prison, and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that at approximately 6:30 p.m. on June 16, 2019, two victims (Victim A and Victim B) were sitting in a vehicle in the area of 115 Gothic Street in Rochester when the defendant and two others approached the vehicle. Loyd pointed a firearm at Victim A’s head and said, “don't do anything stupid, don't look up or I'll blow your head off,” and he ordered the victims to get out of the car. As Victim A exited the car, the defendant struck him in the head with the firearm. Loyd and the two others then drove away in the vehicle. Police officers recovered the vehicle at approximately 8:25 p.m. near 146 Alphonse Street in Rochester. The radio and hubcaps had been removed from the vehicle. The defendant was arrested at approximately 9:30 p.m., near North and Roycroft Streets in Rochester. When taken into custody, Loyd had in his possession 15 bags containing cocaine and a revolver.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The 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 August 17, 2021, at 10:15 a.m. before Judge Siragusa.
# # # #Retired School Psychologist Faces up to 20 Years in Prison After Pleading Guilty to 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 David Michael Calaiacovo, 63, of Hamburg, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorneys Charles M. Kruly and Meghan A. Tokash, who are handling the case, stated that the defendant is a retired school psychologist. On June 27, 2019, after receiving reports from the National Center For Missing and Exploited Children (NCMEC) via the New York State Police, Homeland Security Investigations executed a search warrant at Calaiacovo’s residence and found several electronics, including a laptop and a desktop computer. A forensic review of those devices recovered more than 800 images and videos of children being raped, sexually assaulted, or sexually exploited.
The plea 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; and the National Center For Missing and Exploited Children.
Sentencing is scheduled for September 20, 2021, before Judge Vilardo.
# # # #
Buffalo Man Arrested on Meth ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that William Fugate, 31, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute more than 50 grams of methamphetamine. 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 Evan K. Glaberson, who is handling the case, stated that according to the complaint, on May 6, 2021, a search warrant was executed at a residence on Northumberland Avenue in Buffalo, during which the defendant was present. Law enforcement officers recovered approximately 13 ounces of suspected methamphetamine in a safe located in the master bedroom. The key to the safe was located on a table in the residence on Fugate’s car key ring. In addition, officers recovered a digital scale with white residue in a dresser in the bedroom where the suspected methamphetamine was located and a spoon with white residue on it in the safe.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on May 11, 2021.
The complaint is the result of an investigation by are 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 Howard; the Lackawanna Police Department, under the direction of Chief Mark Packard; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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.
# # # #
Two Niagara County Men Plead Guilty to Forcing Undocumented Immigrants to Work at Their Mexican RestaurantRead 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 Roberto Montes-Villalpando, 60, of Sanborn, NY, and Abraham Montes, 28, of North Tonawanda, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to harbor aliens for financial gain and causing serious bodily injury. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who are handling the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that the defendants owned and operated El Cubilete Mexican Restaurant, in Niagara Falls, NY. Between December 2014 and late 2018, the restaurant was located at 9400 Niagara Falls Boulevard. In late-2018, the restaurant moved to 2050 Cayuga Extension in Niagara Falls. Defendant Montes-Villalpando managed the restaurant, supervised the staff, including wait and kitchen staff, made hiring and firing decisions, and determined payroll. Defendant Montes supervised the kitchen staff. The kitchen staff included Victims 1, 2, 3, and 4, who were each natives and citizens of Mexico. The victims—none of whom had legal status in the United States—were employed by the defendants as cooks, food preparers, and dishwashers. In addition, the victims sublet a Niagara Falls apartment rented by defendant Montes-Villalpando.
Between November 1, 2014, and February 18, 2018, the defendants recruited and hired undocumented foreign nationals who had entered the United States illegally to work for them. Montes-Villalpando and Montes enticed prospective laborers who lived and worked in Ohio, including Victim 1 and Victim 2, to work at El Cubilete by promising them better pay and fewer hours. During their employment, Victims 1, 2, 3, and 4 were paid less than required by the Fair Labor Standards Act and by New York State law, which required a minimum wage of $9/hour. According to analysis performed by the Department of Labor, Office of the Inspector General, the victims were underpaid in the following amounts respectively: Victim 1—$5,386.60; Victim 2—$8,513.44; Victim 3—$61,665.40; and Victim 4—$6,006.60.
Additionally, in about February 2018, defendant Montes punched Victim 3 in the nose and stated he would kill Victim 3. Montes then used a fire extinguisher to strike Victim 3 in the head causing him to fall to the ground. Victim 3 was transported to a hospital for medical treatment where he was diagnosed with a broken nose and a laceration on his head was closed with staples.
The pleas are the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; 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 of the New York Region; and the Human Trafficking Task Force of Western District New York, which is co-led by the United States Attorney's Office, Erie County Sheriff's Office and International Institute of Buffalo.
Sentencing is scheduled for September 14, 2021, at 9:30 a.m. before Judge Vilardo.
# # # #
Jamestown Woman Pleads Guilty to Allowing an Alleged Drug Dealer to Conduct His Drug Trafficking Operation Out of Her ResidenceRead 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 Chelsey Hunt, 29, of Jamestown NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to maintaining a drug-involved premises. The charge carries a maximum penalty of 20 years in prison, and a fine of $500,000.
Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that between January and December 2018, the defendant rented the second floor of a residence on Linden Avenue in Jamestown. While living there with her children, Hunt, in violation of the terms of her lease, allowed co-defendant Douglas Beardsley to live in the attic. Beardsley conducted his methamphetamine and heroin trafficking operation from the attic. Hunt took an active role in assisting the operation, such as helping with Beardsley’s customers and informing about police activity around the residence. The defendant also sold small amounts of narcotics for Beardsley and purchased narcotics for her personal use as well.
Charges remain pending against Douglas Beardsley. 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 the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; 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 will be scheduled at a later date.
# # # #