Western District of New York
Press releases recorded for this federal judicial district.
Former Postal Worker Fined for Failing to Deliver over 700 Pieces of Mail Which Included Three Absentee BallotsRead 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 Brandon Wilson, 27, of Buffalo, NY, who pleaded guilty to delay or destruction of U.S. Mail, was fined $200.00 by U.S. Magistrate Judge Jeremiah J. McCarthy.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on November 3, 2020, Customs and Border Protection (CBP) Officers encountered the defendant, an employee of the United States Postal Service (USPS) at the time, at the Peace Bridge Port of Entry. In the trunk of Wilson’s vehicle, officers found 701 mailings, and a USPS employee uniform and employee identification badge. The mailings included three (3) official absentee ballots mailed from the Board of Elections to voters, 218 first class mailings, 106 political mailings, 36 regular nonprofit mailings, 305 regular standard mailings, and 33 magazine/catalogue mailings. The mailings were destined for addresses located in the following zip codes: 14227, 14211, 14214, with a majority destined for 14215. The cancellation dates on the first class mailings were between September 16 and October 26, 2020.
When asked by officers about the mailings in his trunk, the defendant initially stated they belonged to him and his mother. When confronted with the destination names and addresses, Wilson admitted that he was a USPS postal carrier who kept custody of the mailings after failing to complete his delivery route.
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 Customs and Border Protection, under the direction of Director of Field Operations, Rose Brophy.
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Former Buffalo Resident Pleads Guilty to Selling Crack Cocaine in Salamanca AreaRead 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 Emmanuel Humphrey, 33, of Atlanta, GA, (formerly of Buffalo, NY), pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July and December of 2018, the defendant conspired with co-defendant Erin Cameron a/k/a Al, to sell crack cocaine. On December 30, 2018, Humphrey, Cameron, and another individual drove from Buffalo to Salamanca in the defendant’s vehicle so that Cameron could sell narcotics in and around the Salamanca area. In the trunk, Cameron carried a pistol with six rounds of ammunition. On March 6, 2019, the Bureau of Indian Affairs and the Drug Enforcement Administration executed a federal search warrant on Humphrey’s vehicle and a quantity of crack cocaine was recovered from a rear compartment in the vehicle’s trunk.
Erin Cameron was previously convicted and is awaiting sentencing.The plea is the result of an investigation by the Bureau of Indian Affairs, Office of Justice Services, under the direction of Deputy Bureau Director Charles Addington; the Southern Tier Drug Regional Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Salamanca Police Department, under the direction of Chief Troy Westfall.
Sentencing is scheduled for September 7, 2021, before Judge Sinatra.
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Mumford Man Going to Prison for 10 Years on Child Pornography ChargeRead 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 Justin Rosenzweig, 33, of Mumford, NY, who was convicted of possession of child pornography involving a prepubescent minor following a prior conviction, was sentenced to serve 120 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in June 2010, the defendant was sentenced to serve 60 months in jail and designated a Level III Sex Offender after he was convicted in Livingston County Court of engaging in a sexual act with a victim who was less than 13 years old. The defendant was paroled in 2014. On April 26, 2019, a NYS Parole Officer found an Apple iPod containing 290 images and one video of child pornography in Rosenzweig’s possession. Some of the images depicted prepubescent minors.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
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Grand Jury Indicts Jamestown Woman 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 Antasia Babcock, 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, on October 16, 2020, the Jamestown Metro Drug Task Force executed a New York State search warrant at Babcock’s Wescott Street residence. During that search, the defendant was present along with three small children. Law enforcement officers seized one pound of suspected methamphetamine hydrochloride, drug paraphernalia, and approximately $62,000 in cash.
The defendant was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Federal Grand Jury Indicts Atlanta Man for His Role in Romance Fraud SchemeRead 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 Tochukwu Okerulu a/k/a MT, 35, of Atlanta, Georgia, with conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money laundering, for his role in a romance fraud scheme. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000 or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the indictment, the defendant is accused of participating in a romance fraud, a scheme orchestrated to obtain cash and property from unsuspecting victims using romantic overtures and appealing to victims’ emotions. Okerulu allegedly conspired with others to defraud a victim in the Western District of New York with another member of the conspiracy falsely expressing a romantic interest in the victim, which prompted the victim to send more than $220,000 to members of the conspiracy.
In addition to the victim in the Western District of New York, other victims nationwide were similarly defrauded, through romance fraud and other schemes. A total of 29 victims lost approximately $1,745,928 as a result of Okerulu’s role in this conspiracy.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Wyoming County Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Longhini, 59, of Warsaw, NY, was arrested and charged by complaint with receipt and possession 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 Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 21, 2021, an undercover law enforcement officer identified an IP address downloading videos of suspected child pornography from a peer to peer sharing network. The IP address was traced to the defendant’s residence in Warsaw. Similar videos of suspected child pornography were also downloaded in February and March 2021. The videos included pre-pubescent minors engaged in sexual acts with adults. On April 28, 2021, investigators seized several digital items during the execution of a search warrant at Longhini’s residence.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on May 6, 2021, at 2:45 p.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Steve Belongia; the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Cattaraugus County Man Arrested, Charged with Possessing and Distributing 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 Thomas J. Conklin, 35, of Delevan, NY, was arrested and charged by criminal complaint with distribution and possession of child pornography. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonnano, who is handling the case, stated that according to the complaint, in May 2019, the Royal Canadian Mounted Police (RCMP) received a report from Kik Messenger (a Canadian company) that a user, “butterflybullet6,” sent an image of child pornography on the Kik application. Subsequent investigation traced “butterflybullet6” to an IP address belonging to the defendant. On December 2, 2019, a search warrant was executed at Conklin’s residence in Delevan by Homeland Security Investigations. Special agents seized a cellular telephone belonging to the defendant. During a forensic review of the cell phone, the image reported by Kik Messenger was recovered, as well as another 294 image files of suspected child pornography.
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 5, 2021, at 1:30 p.m.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Royal Canadian Mounted Police.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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New Jersey Woman Going to Prison for Her Role in Major Jamestown Area Methamphetamine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alexis Hall, 26, of Harrison, NJ, who was convicted of conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who handled the case, stated that between March 2017 and October 2018, the defendant conspired with 15 other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
All 16 defendants charged in this case have been convicted. Hall is the 7th defendant to be sentenced.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; and the U.S. Postal Inspection Service, under the direction of Acting Boston Division Inspector-in-Charge Joshua W. McCallister.
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Two Michigan Men Plead Guilty After Leading Law Enforcement on A High Speed Chase from Lewiston to DunkirkRead 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 Donyell Williams, 26, and Johnny Greer, 19, both of Michigan, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to a charge of high speed flight from an immigration checkpoint. The charge carries carry a maximum penalty of five years in prison and $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on March 5, 2021, at approximately 9:54 p.m., defendant Williams was driving a Jeep Commander with Ohio license plates on the Lewiston-Queenston Bridge. Co-defendant Greer was a passenger in the vehicle. As the defendants drove towards the Lewiston Port of Entry, they failed to stop for federal inspection despite numerous “stop” signs posted by Customs and Border Protection. Williams instead proceeded to accelerate through a commercial truck lane and then drove around a tire deflating strip. While being pursued by CBP officers and the New York State Police, Williams drove on the I-190 south to I-90 west at speeds ranging from 95 mph to 110 mph. A few hours later, at approximately 12:30 a.m. on March 6, 2021, the Jeep Commander was located on the side of the road in the vicinity of Dunkirk, NY, and Williams and Greer were arrested.
The pleas are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and the New York State Police, under the direction of Major Jennifer H. Gottstine.
Defendant Greer is scheduled to be sentenced on July 27, 2021, and defendant Williams is scheduled to be sentenced on August 25, 2021, both before Judge Sinatra.# # # #
Pennsylvania Man Going to Prison for 10 Years on Meth 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 Jerry J. Roneker, Jr., 43, of Correy, PA, who was convicted of possessing with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that on March 9, 2019, while on routine patrol in the Town of Chautauqua, Chautauqua County Sheriff’s Deputies observed the defendant’s vehicle, bearing Pennsylvania license plates, cross the center line of the road. After conducting a traffic stop, deputies observed a smoking pipe in the front of the vehicle. Deputies asked Roneker and a passenger to exit the vehicle at which time they noticed two large chunks of suspected methamphetamine. During a pat down of the defendant, deputies located a loaded 9mm handgun. A search of the vehicle led to the seizure of $10,210 in U.S. currency, suspected ecstasy pills, packaging materials, a digital scale, drug paraphernalia, Xanax pills, MDMA pills, Suboxone strips, and two hypodermic needles.
The sentencing is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Buffalo Man Sentenced for Conspiring with Local Doctor Unlawfully to Obtain DrugsRead 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 Benjamin Rivera, 42, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone and amphetamine, was sentenced to time served (approximately 28 months) and 12 months of home confinement by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between January 2014, and February 2018, the defendant conspired with Dr. James T. Keefe, Laura Ricotta, and others, to sell oxycodone and amphetamine. Rivera and Dr. Keefe were associates for several years. For nearly five years, the defendant sold cocaine to Dr. Keefe, who was an active user of cocaine, Adderall, and prescription opiates. In January 2014, Dr. Keefe began issuing prescriptions in the names of Rivera’s relatives and associates to exchange for cocaine from the defendant and to share the prescriptions with the defendant. In 2015, Rivera introduced Dr. Keefe to co-defendant Laura Ricotta, at which time Dr. Keefe began issuing prescriptions in Ricotta’s name, for his and Ricotta’s personal use.
Rivera received from Dr. Keefe five prescriptions in Rivera’s own name and 17 prescriptions in the names of nine relatives and associates. Neither the defendant nor any of his relatives or associates were patients of Dr. Keefe, and all 22 prescriptions were fraudulently issued without a legitimate medical purpose.
Dr. Keefe was previously convicted and is awaiting sentencing. Laura Ricotta was also previously convicted and sentenced to time served (approximately 15 months).
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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Rochester Man Pleads Guilty to Stealing Thousands of Dollars in SSI and SNAP BenefitsRead 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 Mensur Odzakovic, 49, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to wire fraud. The charge carries a maximum penalty of 20 years prison and a fine of $250,000.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between 2007 and March 2020, the defendant fraudulently collected Social Security Income (SSI) and Supplemental Nutrition Assistance Program (SNAP, formerly food stamp) benefits. The SSI and SNAP programs use federal tax money to assist low-income and disabled individuals by providing supplemental income and funds for the purchase of food, among other things. Odzakovic claimed in government applications that he was not employed and had no source of income in order to collect SSI and SNAP benefits. However, the defendant was continuously employed at a Rochester area restaurant earning cash wages. If reported, Odzakovic’s wages would have disqualified him from receiving SSI and SNAP benefits or would have reduced the amount of benefits that he could have received.
As a result, between 2007 and March 1, 2020, the defendant unlawfully collected $53,315.14 in SSI payments and $32,986.00 in SNAP benefits, for a total of $86,301.14.
The plea 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; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge, John F. Grasso; and the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale.
Sentencing is scheduled for July 29, 2021, before Judge Geraci.
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Former Insurance Broker Pleads Guilty to Defrauding Insurance Companies and Individual Investors Out of More Than $1-MillionRead 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 Brian Bartz, 39, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to wire fraud and aggravated identity theft. The charges carry a mandatory minimum term of 2 years imprisonment and a maximum of 22 years imprisonment.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that between January 2015, and January 2020, the defendant was employed as an insurance broker at several different life insurance companies, selling and servicing policies and receiving commissions and bonuses for selling such policies. In connection with his employment, Bartz submitted approximately 105 fraudulent policy applications in various individuals’ names without their knowledge, utilizing actual names, social security numbers, and dates of birth. As a result, life insurance policies were issued, and the defendant was paid a total of $382,740.63 in commissions and bonuses he was not entitled to receive. Bartz also used approximately $70,579.83 that he fraudulently withdrew from various bank accounts of unsuspecting clients in order to pay policy premiums on the fraudulent life insurance policies he obtained.
In addition, Bartz defrauded his insurance clients and potential clients by falsely claiming to also be an investment advisor, persuading individuals to invest funds that he never invested nor intended to invest. Rather than investing such funds on behalf of his clients, Bartz used them for himself, by gambling with them or paying back prior investors. To prevent victims from inquiring about their investments, Bartz issued fake account statements. The victims included a widow who “invested” a $332,500 payout from her deceased husband’s life insurance policy with the defendant. Bratz stole all but $10,000 of that widow’s investment.
In total, the loss amount for Bartz’s schemes is approximately $1,026,668.46.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell.
Sentencing is scheduled for July 29, 2021, before Judge Siragusa.
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Rochester Man Second to Plead Guilty in Ponzi Scheme That Bilked Investors Out of Millions of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, NY – U.S. Attorney James P. Kennedy, Jr. announced today that John Piccarreto, Jr., 38, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to commit mail fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between 2017 and June 2018, the defendant conspired with co-defendants Perry Santillo, Christopher Parris and others, to obtain money through an investment fraud commonly known as a Ponzi scheme. The scheme, which was conducted under the umbrella of a business entity called Lucian Development, involved the sale of fraudulent promissory notes that were issued under the names various entities that Santillo and Parris controlled, including Lucian Development, First Nationale Solutions, United RL Capital Services, and Percipience Global Corporation (the issuers), among others. These issuers had little to no substantial bona fide business activities, and other than monies obtained from defrauded investors, the issuers had no material revenue streams. The vast majority of financial activity for the issuers involved receiving money from new investors, and then redistributing that money to repay earlier investors, to pay the expenses of the scheme, and to finance the lifestyles of Santillo, Parris and others involved in the scheme.
Piccarreto began working for Lucian Development in March 2012, and initially was unaware that the business was, in fact, a Ponzi scheme. The defendant’s responsibilities included assisting with the completion of transaction paperwork for clients of Lucian Development, including checks and wire transfers, and other clerical responsibilities. As he gained experience with investments and obtained a securities license, Piccarreto’s responsibilities increased to include meeting with existing investors who had questions or complaints about Lucian Development and selling investment products, including promissory notes and other investments, to a few investors. By January 2017, the defendant realized that the Lucian Development business was, indeed, a Ponzi scheme after the company stopped paying promised returns to client investors whom he serviced. However, rather than severing his association with Lucian Development, Piccarreto continued to work for Santillo and Parris, knowingly lying to investors by falsely reassuring them that their investments were safe and secure, even though he knew this was not true, and encouraging investors to “reinvest” their fraudulent investments by signing new promissory notes.
For example, in May 2018, the defendant met with Victim 1 who over the years had invested approximately $93,199.75 with Lucian Development and First Nationle Solutions. Piccarreto represented to Victim 1 that his money was safe in an account, even though he knew that was untrue. Piccarreto also tried to convince Victim 1 to reinvest his principal and accrued interest in another fraudulent promissory note. In August 2014, the defendant accompanied co-defendant Parris to meet with a potential investor who would become another victim (Victim 2). Between 2014 and 2016, Victim 2 and his wife invested a total of approximately $660,250.00 in the Ponzi scheme, specifically, in fraudulent promissory notes issued by United RL Capital Services and Percipience Global Corporation. Piccarreto knew by January 2017 that Victim 2 and his wife had received fraudulent promissory notes but continued to lull the couple by falsely reassuring them that their investments were safe, and they would be fully repaid.
Piccarreto admitted that from January 1, 2017, and June 19, 2018, he was involved in defrauding approximately 400 investors out of approximately $18,081,556, which resulted in financial hardship to more than 25 of its investor victims. Piccarreto also admitted that, while working in Texas, he personally solicited and defrauded at least eight investors out of approximately $598,695.
In addition, on his 2017 tax return, the defendant claimed that he had taxable income in the total amount of $6,576. In fact, Piccarreto’s taxable income was approximately $538,548. As a result, the defendant avoided paying income taxes to the Internal Revenue Service in the amount of approximately $159,423.
Perry Santillo was previously convicted and is awaiting sentencing. Charges remain pending against Christopher Parris. 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 United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Joshua McCallister, Boston Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Nikitas Splagounias, Acting Special Agent-in-Charge, New York Region, the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and the Securities and Exchange Commission.
Sentencing is scheduled for July 29, 2021, at 3:00 p.m. before Chief Judge Geraci.
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New York Man Pleads Guilty to Trafficking Exotic African CatsRead the Press Release
WASHINGTON – A New York man pleaded guilty today to violating the Lacey Act and the U.S. Animal Welfare Act based on his trafficking of African wild cats in interstate commerce.
According to court documents, Christopher Casacci, 38, of Amherst, was doing business as “ExoticCubs.com,” through which he advertised, imported and sold exotic African cats. Between February and June 2018, Casacci imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval), for $7,500 to $10,000 each. According to filings, Casacci claimed that he was a big cat rescue organization in an attempt to avoid prohibitions against possessing and selling wild animals. Casacci also falsified transport documents to hide the true species of the cats, instead calling the animals domestic crossbreeds, such as Bengal cats or Savannah cats.
Caracals, also known as the “desert lynx,” are wild cats native to Africa, and typically grow to approximately 45 pounds. Servals, also wild cats native to Africa, grow to approximately 40 pounds. All of the animals were sold while still kittens, and despite their size and wild nature, Casacci marketed them “house pets.” Both species are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and their commercial possession and sale is restricted under New York state law.
People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. Casacci failed to do so and failed to secure the necessary license from the U.S. Department of Agriculture. Casacci was charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.
Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.
Casacci was previously indicted for his actions in January of 2020. The investigation was conducted by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, under the direction of Special Agent in Charge Ryan Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation.
The case is being prosecuted by Trial Attorney Patrick Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango.
Amherst Man Pleads Guilty to Trafficking Exotic African CatsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – An Amherst, NY man pleaded guilty today to violating the Lacey Act and the U.S. Animal Welfare Act based on his trafficking of African wild cats in interstate commerce.
According to court documents, Christopher Casacci, 38, of Amherst, was doing business as “ExoticCubs.com,” through which he advertised, imported, and sold exotic African cats. Between February and June of 2018, Casacci imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval), for $7,500 to $10,000 each. According to filings, Casacci claimed that he was a big cat rescue organization in an attempt to avoid prohibitions against possessing and selling wild animals. Casacci also falsified transport documents to hide the true species of the cats, instead calling the animals domestic crossbreeds, such as bengal cats or savannah cats.
Caracals, also known as the “desert lynx,” are wild cats native to Africa, and typically grow to approximately 45 pounds. Servals, also wild cats native to Africa, grow to approximately 40 pounds. All of the animals were sold while still kittens, and despite their size and wild nature, Casacci marketed them “house pets.” Both species are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and their commercial possession and sale is restricted under New York state law.
People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. Casacci failed to do so and failed to secure the necessary license from the U.S. Department of Agriculture. Casacci was charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.
Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.
Casacci was previously indicted for his actions in January of 2020. The investigation was conducted by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, under the direction of Special Agent in Charge Ryan Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation.
The case is being prosecuted by Trial Attorney Patrick Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango.
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Registered Sex Offender Pleads Guilty to Child Pornography ChargeRead 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 Charles Augrom, III, 35, of Bath, NY, pleaded guilty to possession of child pornography following a prior child pornography conviction before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, a $250,000 fine and a lifetime period of supervised release.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in July 2020, an undercover law enforcement officer was investigating individuals who use peer to peer file sharing applications to share child pornography over the internet. During the undercover session, the officer downloaded numerous pictures and videos of child pornography that traced back to an IP address belonging to the defendant. Some of the images and videos included children younger than 12 years old engaged in sexual conduct with adults, as well as depictions of violence. On December 10, 2020, investigators executed a search warrant at Augrom’s William Street residence and seized electronic items that were later found to contain more than 600 images depicting child pornography. The defendant is a Level III register sex offender on the New York State Sex Offender Registry, following two prior New York State child pornography convictions.
The plea is the result of an investigation by the Corning Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for Jul 21, 2021, before Judge Wolford.
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Former School Athletic Trainer Going to Prison for 15 Years for Enticing A MinorRead 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 Austin Pratt, 32, of Conesus, NY, who was convicted of enticement of a minor, was sentenced to serve 180 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between November 2018 and February 2019, the defendant, while working as a school athletic trainer, engaged in an ongoing relationship with a minor. Pratt used Instagram and Facebook to communicate with the minor, encouraging the victim to engage in a sexual relationship and to exchange sexually explicit photos with him.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Barry Chase; the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.
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Jamestown Man Indicted on Sex Trafficking 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 Anthony Burris, 30, of Jamestown, NY, with sex trafficking and enticing travel to engage in sexual activity. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 21, 2021, a mother contacted the Chautauqua County Sheriff’s Office and reported the possible sex trafficking of her daughter (Victim 1). The mother reported that her daughter was involved in drug use and prostitution and had to perform sexual acts with others in exchange for drugs and other items from the defendant. In addition, the mother stated Burris was physically abusing her daughter. The mother provided Victim 1’s Facebook profile, which an investigator reviewed and recognized Victim 1 from ads he previously saw on a website used to post advertisements for commercial sex acts or other illicit business like the sale of controlled substances.
On February 28, 2021, Victim’s 1’s mother told investigators that she learned her daughter was assaulted by the defendant and was at a medical clinic in Erie, Pennsylvania seeking medical treatment for her injuries, which included significant bruising and swelling to her left eye and a laceration above her left eye. Victim 1’s mother stated that Victim 1 was assaulted because she was going to try and leave Burris. A law enforcement officer in Pennsylvania went to the medical clinic to speak with Victim 1 who was uncooperative, stating that she sustained her injuries from falling and refused any help. While in the parking lot of the medical clinic, the officer observed the defendant in a vehicle.
On March 3, 2021, an undercover law enforcement officer contacted Victim 1 and set up a “car date.” Investigators set up surveillance in the vicinity of the agreed upon meeting location and observed Burris driving a vehicle in the area. Investigators approached the vehicle and the defendant was identified as the driver and Victim 1 was identified as the front passenger. During a search of the vehicle, a bag full of condoms and lubricants, suspected controlled substances including a mixture of heroin and fentanyl, and marijuana, three cellphones, and $2,216 in cash were seized. After the search was completed, Burris was released and given an appearance ticket for Permitting Prostitution.
Subsequent investigation identified a second victim (Victim 2), who also suffered from drug addiction. On March 11, 2021, an undercover officer set up an appointment with Victim 2 using a contact number from an online ad. Once again investigators set up surveillance in the vicinity of the agreed upon meeting location, and once again Burris was observed in a vehicle in the area with a female passenger. Investigators approached the vehicle and arrested the defendant. Observed in plain view on the floor near the driver’s seat was a clear plastic baggie containing a white powdery substance suspected to be heroin. Additionally, two cellular phones were seized from the vehicle.
Burris rarely gave Victim 1 and Victim 2 any of the money obtained through sex trafficking activities. The defendant would provide the victims with heroin. However, he would withhold drugs until they did what he wanted them to do, calling it “starving.” A preliminary review of cell phones recovered from Victim 2 contained voluminous daily contact with sex buyers discussing details of sex acts, pricing, meeting locations, and times. Both phones also contained photographs of Victim 1 and Victim 2.
The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The indictment is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Amherst Police Department, under the direction of Chief Scott Chamberlin; and the Millcreek, PA, Police Department, under the direction of Chief Scott Heidt.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Ironworkers Treasurer Pleads Guilty to Stealing Union FundsRead 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 Scott Russell Merritt, 40, of Celoron, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to theft from a labor union. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that between May 2011, and August 2018, the defendant was the treasurer of Ironworkers Local 470. As treasurer, Merritt embezzled $50,850.71 in union funds. The defendant wrote union checks to pay various personal expenses.
The plea is the result of an investigation by the U.S. Department of Labor, Office of Labor Management Standards, under the direction of the Boston-Buffalo District Director Jonathan Russo.
Sentencing is scheduled for August 18, 2021, at 2:00 p.m. before Judge Sinatra.
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Buffalo Woman Pleads Guilty to Being A Felon in Possession of 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 Sharee Bailey, 29, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to 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. Attorneys Justin G. Bish and Nicholas T. Cooper, who are handling the case, stated that on August 4, 2020, the defendant was present at 216 Landon Street in Buffalo, when the Bureau of Alcohol, Tobacco, Firearms, and Explosives executed search warrants on her person and the residence. Inside of 216 Landon Street, investigators observed and recovered a .22 caliber semi-automatic rifle, and multiple rounds of ammunition belonging to Bailey. The defendant was previously convicted in 2012 in Niagara County Court of Criminal Sale of a Controlled Substance-5th Degree, and as a result, she is legally prohibited from possessing a gun.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for August 18, 2021, at 10:00 a.m. before Judge Sinatra.
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Buffalo Man with Ties to the Alma Avenue Gang Pleads Guilty to Drug 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 Quamain Simms-Calhoun, 25, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiracy to distribute controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Justin G. Bish and Meghan E. Leydecker, who are handling the case, stated that the defendant admitted that he is associated with the Alma Avenue Gang, a group of individuals who grew up around Alma Avenue and “represent” their neighborhood by flashing distinctive group hand signals and distinguish themselves on various social media platforms. Simms-Calhoun conspired with co-defendant Dajon Woods to sell crack cocaine, cocaine, heroin, and fentanyl. Between May 8 and August 15, 2019, the defendant coordinated the distribution of these illegal substances on nine separate occasions to an individual working with law enforcement. Simms-Calhoun also distributed drugs to a number of customers in the Buffalo area.
Charges remain pending against Dajon Woods. 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 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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Lackawanna Police Department, under the direction of Chief Mark Packard.
Sentencing will be scheduled at a later date.
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DEA and U.S. Attorney’s Offices Throughout New York Promote National Prescription Drug Take Back DayRead the Press Release
NEW YORK – With opioid overdose deaths increasing during the pandemic, the Drug Enforcement Administration is holding its 20th Take Back Day on Saturday, April 24th. DEA’s October 2020 Take Back Day brought in a record-high amount of expired, unused prescription medications, with the public turning in close to 500 tons of unwanted drugs. Over the 10-year span of Take Back Day, DEA has brought in more than 6,800 tons of prescription drugs. With studies indicating a majority of abused prescription drugs come from family and friends, including from home medicine cabinets, clearing out unused medicine is essential.
According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 87,200 Americans dying as a result of a drug overdose in a one-year period (Sept. 1, 2019 to Sept. 1, 2020), the most ever recorded in a 12-month period. The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency, accelerating significantly during the first months of the pandemic.
DEA Special Agent in Charge Ray Donovan said, “This past year was a stark reminder that public health is a priority, and while DEA is focused on enforcement we also provide important tools to stop drug abuse before it starts,” said. “Programs like Take Back Day make it easy for families to remove unused threats of abuse in their homes while encouraging discussion about the tragic dangers associated with opioid use and misuse.”
“Just as we were beginning to make great strides, we have seen a tragic increase in the number of, not only opioid overdoses, but also deaths during this global pandemic,” stated U.S. Attorney James P. Kennedy, Jr., of the Western District of New York. “The pandemic has resulted in many people spending more time alone, distanced from loved ones and friends making this year’s National Prescription Drug Take Back Day that much more important. Removing old or unused prescription medications from our medicine cabinets just might help to prevent an overdose or to reduce the chances of creating a future opioid user.”
Acting United States Attorney Antoinette T. Bacon said, “On Take Back Day, DEA makes our communities safer by collecting unneeded prescription drugs. I urge every adult to take advantage of this safe, convenient and anonymous way to empty their medicine cabinets of unused medication that could be misused by a loved one.”
“Through Drug Take Back Day, we are reminded of the ways in which the alarming opioid epidemic has exposed the hidden dangers and potential abuses of prescription drugs,” stated Acting U.S. Attorney Mark J. Lesko. “The U. S. Attorney’s Office for the Eastern District of New York is proud to be part of DEA’s mission to end prescription drug abuse and we encourage all residents to dispose of unused and expired medicines at official disposal locations.”
Audrey Strauss, U.S. Attorney for the Southern District of New York, said: “We wholeheartedly support the DEA’s Drug Take Back Day, and we encourage anyone with expired or unused prescription medications to take advantage of this program. By disposing of dangerous and potentially lethal substances safely, you can possibly prevent a tragedy.”
“It’s important to keep our own homes safe by regularly cleaning out medicine cabinets and any other areas where we store our pharmaceuticals,” said DEA Acting Administrator D. Christopher Evans. “Bringing unused or expired medications to a local collection site for safe disposal helps protect your loved ones and the environment.”
The public can drop off potentially dangerous prescription medications at collection sites which will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
DEA and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices and cartridges at its drop off locations provided lithium batteries are removed.
Helping people dispose of potentially harmful prescription drugs is just one way DEA is working to reduce addiction and stem overdose deaths.
Learn more about the event at www.deatakeback.com, or by calling 800-882-9539.
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Rochester Man Arrested and Charged with Submitting False Claims to the IRS After Receiving Hundreds of Thousands of DollarsRead 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 Eugene Jamar Thomas, 42, Of Rochester, NY, was arrested and charged by complaint with submitting false claims to the Internal Revenue Service. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, during the 2015 and 2016 tax years, the defendant falsely reported income and withholdings to the Internal Revenue Service, claiming to be entitled to millions of dollars in tax refunds. On his 2015 return, Thomas declared that he had earned $819,934 in interest income and that he had $818,834 of that income withheld and paid to the IRS as tax. As a result, the defendant’s 2015 tax return falsely claimed that he was entitled to a refund of $495,655. The IRS ultimately issued Thomas a tax refund check for $482,017. The defendant then deposited the check into two bank accounts in his name, spending a portion of the refunds on two vehicles and cash withdrawals. Subsequently, the IRS determined that Thomas failed to submit all of the proper tax documents with his 2015 tax return, and as a result, the remaining funds in the defendant’s bank accounts were frozen.
Thomas called the IRS hotline to inquire about why his bank accounts were frozen and was told that he was issued an erroneous refund and the bank was contacted to return the funds to the IRS. The defendant was then contacted by an IRS Revenue Officer to discuss the overstatement of income and withholdings that Thomas claimed on his 2015 tax return. The defendant was advised to file an amended 2015 tax return and repay the refund to which he was not entitled. Thomas never filed an amended 2015 tax return and never repaid any portion of the 2015 refund that he wrongfully received.
For the tax year 2016, the defendant again falsely reported income and withholdings to the IRS, claiming he had earned $4,731,845 of interest income in 2016 and had $4,683,641 of that income withheld and paid to the IRS as tax. As a result, Thomas falsely claimed that he was entitled to a refund of $2,683,945. The tax returned was flagged by the IRS and no refund was issued.
Thomas made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and was released.
The criminal complaint is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Uncle of Drug Trafficking Ring Leader Pleads Guilty for His Role in Narcotics Conspiracy Operating in the Jamestown, NY AreaRead 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 Garland Beardsley a/k/a Charlie Beardsley, 53, of Jamestown NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiring to possess with intent to distribute, and distributing, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.
Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that between December 2018 and October 27, 2020, the defendant was an associate in a drug trafficking ring led by his nephew, co-defendant Rocco Beardsley, which sold methamphetamine, heroin, fentanyl, crack cocaine, cocaine, and hydrocodone in the Jamestown area. Garland Beardsley distributed methamphetamine to Rocco Beardsley’s customers. Rocco Beardsley stored, distributed, and manufactured methamphetamine, heroin/fentanyl, and other controlled substances at the defendant’s residence on Newland Avenue in Jamestown. On January 21 and February 11, 2020, an individual working with investigators purchased crystal methamphetamine from Rocco Beardsley at the defendant’s residence.
Charges remain pending against Rocco 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.
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Rochester Man Pleads Guilty to Child Pornography ChargeRead 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 Gary Stopani, 28, of Rochester NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing and accessing with intent to view child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that on October 8, 2020, investigators seized a laptop, two hard drives, and two cellular telephones from the defendant, which contained images and videos of child pornography. In total, Stopani’s electronic devices contained more than 600 images and/or videos of child pornography. Some of the images included involved prepubescent minors engaged in sexually explicit conduct and images of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Greece Police Department, under the direction of Andrew P. Forsythe.
Sentencing is scheduled for July 15, 2021, at 9:15 a.m. before Judge Siragusa.
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Ontario Company Sentenced for Dumping Waste Water into Lake Ontario Violating the Clean Water ActRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - The Algoma Central Corporation (Algoma) was fined $500,000 by U.S. Magistrate Judge H. Kenneth Schroeder, Jr. after pleading guilty to a negligent violation of the Clean Water Act. The company, which is headquartered in St. Catharines, Ontario, was also put on probation for a period of three years during which it must implement an environmental compliance plan.
Algoma operated a fleet of dry and liquid bulk carriers on the Great Lakes. One of the vessels in the defendant’s fleet was the M/V Algoma Strongfield (Strongfield). Built in China, the Strongfield was delivered to Canada on May 30, 2017, by a crew from Redwise Maritime Services, B.V. (Redwise), a vessel transport company based in the Netherlands.
“The Great Lakes are our nation’s largest source of fresh water, and this prosecution shows the Administration’s commitment to preserving a natural resource that will be crucial for generations to come,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD).
“The very purpose of the Clean Water Act is to protect our natural resources, including one of our nation’s greatest natural treasures, the Great Lakes, from harm,” stated U.S. Attorney James P. Kennedy, Jr. “This conviction and the fine imposed sends a strong message that those who violate the Clean Water Act will be held accountable for their actions. This penalty also ensures that this defendant will be monitored in the future and will be strictly obligated to comply with those environmental laws and regulations that protect our waters, our fisheries, our wildlife, and each of us.”
During the Strongfield’s delivery voyage, while manned by a Redwise crew, the oily water separator and oil content monitor malfunctioned or failed on multiple occasions, which resulted in an accumulation of unprocessed oily bilge water. On May 5, 2017, an Algoma employee directed Redwise to transfer and store the unprocessed oily bilge water in the Strongfield’s used wash water tank to avoid an overboard discharge of unprocessed bilge water into the Pacific Ocean. The wash water tank was intended to store deck and cargo hold wash water and is not listed on the Strongfield’s International Oil Pollution Prevention certificate. Between May 5, 2017, and the Strongfield’s arrival in Canada, the Redwise crew made several additional transfers of unprocessed oily bilge waste into the wash water tank to avoid overboard discharges of untreated bilge water.
On May 19, 2017, as the Strongfield was transiting the Panama Canal, an Algoma employee boarded the vessel and remained onboard until the vessel’s arrival in Canada, where he assumed the duties of Chief Engineer. On May 30, 2017, the Strongfield arrived in Sept-Iles, Quebec, Canada, where the Redwise crew handed over operation of the vessel to an Algoma crew. Although some of the Algoma crew were advised that the wash water tank contained unprocessed oily bilge water, Algoma acted negligently in failing to inform all onboarding Algoma crewmembers and the inspectors of the contents of the wash water tank.
On June 6, 2017, the Stongfield was transiting Lake Ontario. While in the waters of the United States within the Western District of New York, the 3rd officer on board the Strongfield requested permission to empty the contents of the wash water tank into Lake Ontario, and the captain approved the discharge. Because Algoma had negligently failed to inform the 3rd officer and the captain what the wash water tank contained, approximately 11,887 gallons of unprocessed oily bilge water were released into Lake Ontario. The discharge was stopped when another Algoma employee learned of the discharge and informed the 3rd officer and captain that the wash water tank contained unprocessed oily bilge water and instructed them to stop the discharge immediately. After the incident, Algoma contacted Canadian and U.S. authorities to report the discharge.
The sentencing is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Resident Agent in Charge Cindy C. Buckley, Buffalo, New York, and Resident Agent in Charge Edward L. Songer, Detroit, Michigan.
Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango of the Western District of New York are prosecuting the case.
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Buffalo Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Malik Matthews, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorneys Meghan E. Leydecker and Paul C. Parisi, who are handling the case, stated that between June 2018 and October 2019, the defendant sold cocaine to an individual over 50 times. In addition, Matthews sold crack cocaine to an undercover police officer. On June 4, 2019, Buffalo Police Officers executed a search warrant at the defendant’s Grey Street residence. During the search they seized three loaded firearms, ammunition, two bags of suspected crack cocaine, five digital scales, a bottle of a cutting agent, and a box of sandwich bags.
The plea is the result of an investigation by the Buffalo police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for August 11, 2021, before Judge Sinatra.
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Spencerport Man Going to Prison Following Child Sex StingRead 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 Michael Greco, 25 of Spencerport, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 70 months in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that in January 2020, the defendant engaged in online conversations with an individual who Greco believed was a mother engaged in the prostitution of her 13-year-old daughter. In fact, the “mother” was an undercover New York State Police (NYSP) investigator. Between January 2 and January 7, 2020, the defendant exchanged text messages and phone calls with the investigator, during which Greco agreed to pay $100 in order to have sex with the 13-year-old child.
On January 7, 2020, the defendant traveled to a pre-arranged destination, expecting to meet the child for sex. Instead, Greco was taken into custody by the NYSP and Homeland Security Investigations. The defendant was in possession of $100, which was the price he negotiated to have sex with the child, as well as condoms and candy for the child. A subsequent search of his cell phone revealed that Greco attempted to receive child pornography via the Internet.
The sentencing is the result of an investigation by the NYSP Troop E Major Crimes Unit, Canandaigua, under the direction of Major Barry Chase, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Jamestown Man Charged with Sex Trafficking CrimesRead 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 Anthony Burris, 30, of Jamestown, NY, was arrested and charged by criminal complaint with sex trafficking and enticing travel to engage in sexual activity. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the criminal complaint, on January 21, 2021, a mother contacted the Chautauqua County Sheriff’s Office and reported the possible sex trafficking of her daughter (Victim 1). The mother reported that her daughter was involved in drug use and prostitution and had to perform sexual acts with others in exchange for drugs and other items from the defendant. In addition, the mother stated Burris was physically abusing her daughter. The mother provided Victim 1’s Facebook profile, which an investigator reviewed and recognized Victim 1 from ads he previously saw on a website used to post advertisements for commercial sex acts or other illicit business like the sale of controlled substances.
On February 28, 2021, Victim’s 1’s mother told investigators that she learned her daughter was assaulted by the defendant and was at a medical clinic in Erie, Pennsylvania seeking medical treatment for her injuries, which included significant bruising and swelling to her left eye and a laceration above her left eye. Victim 1’s mother stated that Victim 1 was assaulted because she was going to try and leave Burris. A law enforcement officer in Pennsylvania went to the medical clinic to speak with Victim 1 who was uncooperative, stating that she sustained her injuries from falling and refused any help. While in the parking lot of the medical clinic, the officer observed the defendant in a vehicle.
On March 3, 2021, an undercover law enforcement officer contacted Victim 1 and set up a “car date.” Investigators set up surveillance in the vicinity of the agreed upon meeting location and observed Burris driving a vehicle in the area. Investigators approached the vehicle and the defendant was identified as the driver and Victim 1 was identified as the front passenger. During a search of the vehicle, a bag full of condoms and lubricants, suspected controlled substances including a mixture of heroin and fentanyl, and marijuana, three cellphones, and $2,216 in cash were seized. After the search was completed, Burris was released and given an appearance ticket for Permitting Prostitution.
Subsequent investigation identified a second victim (Victim 2), who also suffered from drug addiction. On March 11, 2021, an undercover officer set up an appointment with Victim 2 using a contact number from an online ad. Once again investigators set up surveillance in the vicinity of the agreed upon meeting location, and once again Burris was observed in a vehicle in the area with a female passenger. Investigators approached the vehicle and arrested the defendant. Observed in plain view on the floor near the driver’s seat was a clear plastic baggie containing a white powdery substance suspected to be heroin. Additionally, two cellular phones were seized from the vehicle.
According to the complaint, Burris rarely gave Victim 1 and Victim 2 any of the money obtained through sex trafficking activities. The defendant would provide the victims with heroin. However, he would withhold drugs until they did what he wanted them to do, calling it “starving.”
A preliminary review of cell phones recovered from Victim 2 contained voluminous daily contact with sex buyers discussing details of sex acts, pricing, meeting locations, and times. Both phones also contained photographs of Victim 1 and Victim 2.
“This defendant is a violent predator who preyed upon the vulnerabilities of these victims, leaving them powerless to fight back” stated U.S. Attorney Kennedy. “Our Office, together with our law enforcement partners at the federal, state, and local levels, will continue aggressively to pursue any individual who engages in sex trafficking, or any kind of human trafficking. Those who attempt to take away the freedom of victims through sex trafficking should expect that this Office will use every resource available in order to ensure that they, by way of criminal prosecution, will also lose their liberty.”
“The egregious acts identified as part of this joint investigation with Chautauqua County and the Amherst Police Department demonstrates our continued efforts to rid our communities of those who lack regard for human life,” said Kevin Kelly, HSI Special Agent-in-Charge. “Homeland Security Investigations will continue our commitment to investigating these abhorrent crimes and apprehending those who prey on the most vulnerable in our communities.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The complaint is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Amherst Police Department; and the Millcreek, PA, Police Department, under the direction of Chief Scott Heidt.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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California Man Pleads Guilty to Receipt 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 Jorge Alvarez, 27, of Los Angeles, CA, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorneys Aaron J. Mango, Douglas A. C. Penrose, and Caitlin M. Higgins, who are handling the case, stated that between June 18 and July 23, 2018, the defendant engaged in sexually explicit conversations via Instagram and text message with a 14 year-old female (Minor Victim) who told Alvarez that she was 14 years-old. During those conversations, the defendant sent the Minor Victim naked pictures of himself and discussed having sexual contact with the Minor Victim. The Minor Victim sent Alvarez nude photographs of herself at his request.
The plea is the result of an investigation by the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for August 8, 2021, at 10:00 a.m. before Judge Sinatra.
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Youth Pastor Charged with Production 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 Nathan L. Rogers, 37, of East Aurora, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, in July 2019, a mother contacted the Genesee County Sheriff’s Office and stated that her 12-year-old daughter (Victim) attended a Christian music festival at Darien Lake with her church youth group. After going to the water park, the church’s youth pastor, the defendant, invited the Victim to change her wet clothes in his camper. After she finished changing, the Victim discovered an iPhone hidden in clothing on a ledge. The Victim looked at the iPhone and discovered it had been recording for about 13 minutes. After deleting the video of her changing, the Victim replaced the iPhone on the ledge. The Victim next discovered a second iPhone hidden in the sheets on the bed. She also deleted that video as well, replaced the device, and left the camper. The Victim called her mother to tell her what happened. The mother went to Darien Lake, picked up her daughter and contacted the Sheriff’s Office. Rogers was subsequently arrested, charged with Unlawful Surveillance in the Second Degree, convicted in Genesee County Court, and sentenced to five years’ probation in December 2020, with the first six months to be served in jail.
A review of the defendant’s cell phones recovered 24,017 picture files and 2,389 video files on the phone, some of which constituted child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Fruit Belt Gang Members Plead Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Antwaine Parker, 28, and Michael Woods, 32, both of Buffalo, NY, each pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm. Each faces a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that since August 2019, the FBI’s Safe Streets Task Force has been investigating the Fruit Belt Gang, whose members are allegedly actively engaged in the distribution of narcotics, firearms offenses, and gang activity. On July 1, 2020, Central Park Gang (CPG) member Shariff Jackson was murdered in Buffalo, and investigators believe that members of the Fruit Belt Gang were involved with Jackson's murder.
On July 4, 2020, defendants Parker and Woods were shot on Sycamore Avenue in Buffalo. Woods, who was shot in the head and spine, drove himself to the hospital, after throwing a gun from the scene. A 9mm handgun was recovered on the roof of a nearby building. Woods told investigators that he was driving in the area with an unnamed person when he was shot; he would not provide any additional information. Investigators believe the shooting could be the result of rival gang activity between CPG and the Fruit Belt.
In July 2020, both Woods and Parker posted photographs of themselves possessing firearms on social media accounts associated with them. Woods appeared to possess one gun, while Parker appeared to possess two guns.
On July 14, 2020, investigators, fearing potential violence in connection with it, conducted surveillance at the funeral of Shariff Jackson. At the same time, they also conducted surveillance of defendant Parker, who was in the vicinity of 28 Burnie Lane in the McCarley Gardens Apartments. During the surveillance, Woods was observed driving to the area were Parker was. After talking with Parker, Woods left the area. A short time later, a Buffalo Police Officer initiated a traffic stop of Woods’ vehicle. Woods told the officer that he had two guns in the vehicle and gave consent to search the vehicle. Officers recovered two loaded handguns. Woods was taken into custody and the handguns were seized. Subsequently, defendant Parker left the McCarley Gardens Apartments, and the Buffalo Police conducted a traffic stop. Parker’s vehicle, which had invalid license plates, was impounded, and Parker was ticketed for various vehicle and traffic violations. Investigators then searched 28 Burnie Lane and recovered two firearms in the basement. Investigators believe the two firearms seized are the same weapons depicted in the social media photo showing Parker with two firearms.
In April 2014, Parker was convicted in state court of Criminal Possession of a Weapon and sentenced to serve 42 months in prison. In March 2012, Woods was convicted in state court of Attempted Criminal Possession of Controlled Substances and sentenced to serve five years’ probation. In addition, Woods was sentenced in July 2015 to serve 84 months in prison after being convicted of possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. As a result, both defendants are legally prohibited from possessing a firearm.
The pleas are the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie Crime Analysis Center, under the direction of Director Jamie Giammaresi.
Parker and Woods are each scheduled to be sentenced on August 3, 2021, before Judge Sinatra.
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Rochester Man Arrested, Accused of Setting Off Explosive Devices in A City NeighborhoodRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James A. Pane, 50, of Rochester, NY, was arrested and charged by criminal complaint with using the mails to threaten to attempt to kill, injure, or intimidate or unlawfully damage or destroy property by means of explosive, and mailing threatening communications. The charges carry a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the criminal complaint, between January 20 and February 2, 2021, numerous explosions were heard and seen by neighbors living in the area of Falleson Road in the City of Rochester. After responding to reports of explosions by residents on Leander Road near Falleson Road, the Rochester Fire and Police Departments, on January 23, 2021, responded to the area to investigate what may have caused the explosions. Officers noted that they believed at least one of the explosions took place in front of a residence on nearby Falleson Road. On February 2, 2021, numerous neighbors called 911 around 2:37 a.m., after another boom noise shook the neighboring houses. Investigators obtained doorbell surveillance video from the area and observed a dark-reddish-colored pick-up truck in the area at the time of the explosions. Subsequent investigation determined that a residence on Falleson Road was the target of the explosions. One occupant of the residence told investigators that he had a falling out with a lifelong friend identified as the defendant. A records check determined that Pane drives a red pick-up truck.
Between February 24, 2021, and March 9, 2021, investigators were notified that numerous neighbors in the Falleson Road/Leander Road neighborhood received letters addressed to the “homeowner.” The envelopes were plain white envelopes with no return address. Inside each envelope was a single piece of regular sized white paper with large printed words stating: “I don’t mean to bother you people in this neighborhood. But the little (expletive) crack head at *** Falleson owes me a lot of money for drugs. He is a liar and a thief. He burned down his fathers cottage in the 1000 island for the insurance money, which he was suppose to pay me off with. He didn’t. I will keep throwing bombs off in his yard until he pays.call the cops they won’t catch me.” During the investigation, law enforcement officers recovered a list of addresses from the defendant’s garbage tote. The list included a number of the Falleson and Leander Road residences that received the letters.
On April 8, 2021, a search warrant was executed on Pane’s Harding Road residence and his red pick-up truck. Investigators recovered materials used in assembling the explosive devices. The defendant was arrested following the execution of the search warrants.
Pane made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on April 13, 2021.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, the Rochester Fire Department, under the direction of Chief Felipe Hernandez Jr., and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard. Additional assistance was provided by the Buffalo and Syracuse Resident Offices of the ATF.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Woman Pleads Guilty for Her Role in Narcotics Conspiracy Operating in the Jamestown, NY AreaRead 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 Kylie Reeves, 28, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiring to possess with intent to distribute, and distributing, 50 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 Joshua A. Violanti and Misha Coulson, who are handling the case, stated that the defendant was part of a drug trafficking ring led by co-defendant Rocco Beardsley. Reeves distributed methamphetamine and heroin for Beardsley, who managed the defendant, controlled the supply, and set the prices. Reeves also allowed Beardsley to utilize her residence on W. Cowden Place in Jamestown and communicated with others on his behalf. On March 24, 2020, Beardsley was arrested on New York State warrants following a traffic stop. Law enforcement officers recovered large quantities of methamphetamine, fentanyl, cocaine, crack cocaine, hydrocodone, and other controlled substances from Beardsley’s vehicle. Investigator’s then searched Beardsley’s residence, recovering methamphetamine, a glass plate with white powder material, digital scale, and $185.00 in United States currency. Reeves and her three minor children also lived at the residence. Following Beardsley’s arrest, the defendant conducted drug trafficking activities on his behalf, communicating with co-conspirators, associates, suppliers, and customers in order to continue receiving proceeds.
Reeves was indicted along with six other defendants in October 2020. She is the first defendant to be convicted.
The plea is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Acting 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.
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Jamestown Man Pleads Guilty to Cocaine 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 Jeffrey Guzman Suarez, 30, of Jamestown, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to attempting to possess cocaine with the intent to distribute it. The charge carries carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that on October 2, 2019, during a review of outgoing mail, US Postal Inspectors were alerted to a suspicious parcel sent from Puerto Rico and addressed to the defendant. A Niagara Frontier Transit Detection K9 was brought in and gave a positive alert, indicating the presence of narcotics. During the execution of a search warrant on the package, inspectors discovered, concealed inside a small portable charcoal grill, an off-white chunky substance in brick form wrapped in multiple layers of plastic wrap, food storage bags, and cleaning wipes. The substance field tested positive for cocaine. On October 11, 2019, the defendant went to the Jamestown Postal Office and accepted the parcel which had been replaced with “sham” cocaine. As he attempted to exit the postal office, Suarez was arrested and taken into custody.
The plea is the result of an investigation by the United State Postal Inspection Service, under the direction of Joshua McCallister, Acting Inspector-in-Charge, Boston Division, and the Niagara Frontier Transportation Authority, under the direction of Chief George Gast.
Sentencing is scheduled for August 30, 2021, at 3:00 p.m. before Judge Wolford.
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Buffalo Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyrell McDuffie, 36, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Misha Coulson, who is handling the case, stated that the defendant maintained a residence on Wyoming Avenue in Buffalo to store and sell cocaine and crack cocaine to customers. On April 5, 2019, investigators surveilled the defendant as he conducted a drug transaction with a co-defendant outside of the Wyoming Avenue residence. Shortly afterwards, investigators stopped the co-defendant’s vehicle for a traffic violation and recovered an amount of a suspected crack cocaine. Investigators seized the co-defendant’s cell phone, which contained text messages from McDuffie setting up the drug transaction. In addition, on four different occasions between September 2018 and January 2019, McDuffie sold crack cocaine to an individual working with law enforcement.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing will be scheduled at a later date.
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Fredonia Man Going to Prison for Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Gates, Jr, 47, of Fredonia, NY, who was convicted of possessing with intent to distribute, and distributing, 28 grams or more of crack cocaine, was sentenced to serve 84 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Seth T. Molisani and Charles E. Watkins, who handled the case, stated that in April 2015, the Southern Tier Regional Drug Task Force and the Drug Enforcement Administration began investigating the drug trafficking activities of the defendant in Chautauqua County, NY. During the investigation, investigators made three controlled purchases of narcotics from Gates. Investigators also executed a search warrant at the defendant’s Brigham Road apartment in Fredonia and recovered illegal narcotics and items commonly used in drug distribution.
The sentencing is the result of an investigation by the Southern Tier Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Former Teacher's Aide Sentenced on Child Pornography Charges After Child Sex StingRead 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 Christian Michael Stutes, 25, of Rochester, NY, who was convicted of receipt and distribution of child pornography, was sentenced to serve 78 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between April 12 and December 13, 2019, the defendant engaged in sexually explicit conversations via text message with an individual he believed to be the father of a 10-year-old male. The individual was actually an undercover FBI agent. During their conversations, Stutes discussed paying $150 to have sex with the 10-year-old male, and on December 13, 2019, the defendant was arrested after he went to Brighton in order to have sex with the child. In addition, the defendant knowingly received and distributed images of child pornography. On the date of his arrest, Stutes possessed approximately 61 videos and 450 images of child pornography. Some of the images included prepubescent minors, as well depictions of violence.
At the time of his arrest, the defendant was employed as a teacher’s aide at a local childcare facility and was previously employed at various children’s camps.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
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Convicted Sex Offender Arrested on Multiple Child Ponography 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 John Geimer, 54, of Rochester, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on December 31, 2020, an undercover law enforcement officer downloaded a video file containing child pornography from a peer to peer sharing network. The IP address that shared the file was traced to the defendant. Subsequently, a federal search warrant was executed at Geimer’s residence on Lake View Park in Rochester. During the search, investigators seized several digital devices that contained child pornography, including 1825 videos and 16,238 images. Some of the videos appear to have been taken from a “Go Pro” by an individual, believed to be Geimer, concealing the camera at an amusement park and capturing video of children at a water park. Another video depicts an individual, believed to be the defendant, concealing the camera walking through his place of employment, including a pool area, capturing children in their bathing suits. And another video depicts an individual, again believed to be Geimer, concealing the camera and walking into a certain grocery store directly towards a girl approximately 8 to 10 years old.
In June 1989, the defendant was convicted following a jury trial in New York State Court of Sexual Abuse 2nd and Acting in a Manner Injurious to a Child Less than 16 Years Old and sentenced to a conditional discharge.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on April 6, 2021, at 11:00 a.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Leader of Lockport Drug Trafficking Organization 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 Bruno J. Haney, II, 32, of Lockport, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, heroin, fentanyl, and butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between April 2017 and March 2019, the defendant organized and led a drug trafficking organization, which included co-defendants Marissa L. DeCarlo, his girlfriend, who allegedly collected drug money for Haney, and James O. White, whom Haney allegedly supplied with drugs.
On June 16, 2017, the Niagara County Drug Task Force executed a state search warrant at the defendant’s residence on Prospect Street in Lockport. Investigators recovered several bags containing butyryl fentanyl, hydrocodone/acetaminophen and alprazolam pills, $515 in U.S. currency, two packages of black rubber bands, a box of waxed baggies, a digital video recorder, and a digital scale. On January 18, 2019, Haney was arrested, and a search warrant was executed at a residence at East Avenue in Lockport. During that search, investigators recovered quantities of fentanyl, a mixture of heroin and fentanyl, marijuana, $978 in U.S. currency, a digital scale, numerous tablets, and plastic baggies. On February 12, 2019, defendant was charged by a criminal complaint, and on February 28, 2019, he was released from custody on various conditions, which included that he not commit any offense in violation of federal, state, or local law. On March 7, 2019, another search warrant was executed at Haney’s residence on Prospect Street, during which a zip-lock bag containing a mixture of heroin and fentanyl, $373 in U.S. currency, and a digital scale were recovered.
Charges remain pending against defendants White and DeCarlo. 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 Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti; the Niagara County District Attorney’s Office, under the direction of District Attorney Brian D. Seaman; the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower; the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Lockport Police Department, under the direction of Chief Steven Abbott.
Sentencing will be scheduled at a later date.
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North Chili Man Charged with COVID Relief Fraud by Scheming to Get Paycheck Protection Program LoansRead 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 Michael Rech, 49, of North Chili, NY, was charged by criminal complaint with wire fraud and money laundering in connection with his application and receipt of approximately $277,500 in Paycheck Protection Program (PPP) loans. The charges carry up to 20 years in prison and a fine of $500,000.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Director, President, and CEO of Guardian of Humanity, Inc., a nonprofit corporation. Rech is also the sole member of Eclipse, a limited liability company. Between April 2020 and February 2021, the defendant applied for three PPP loans. On his application, Rech fraudulently claimed that Guardian and Eclipse had employees and that he had been paying wages to these employees, which qualified him for the PPP loans. Subsequent investigation revealed that the defendant did not have any employees and did not paid wages to any employees. Rech received three PPP loans totaling approximately $277,500. Once he received the loans, the defendant took the money out of the bank in amounts less than $10,000 to avoid federal reporting requirements.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
The defendant made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released on conditions.
The criminal complaint is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field 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.
# # # #Buffalo Man Pleads Guilty to Stealing Social Security Benefits for More Than 5 Years After His Father's 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 Abdulkawi Al Shuaibi, 47, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to theft of government property. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Douglas A.C. Penrose and David J. Rudroff, who are handling the case, stated that the defendant’s father received retirement benefits under the Social Security Act. Those benefits should have ceased when Al Shuaibi’s father died in August 2013. However, the Social Security Administration (SSA) continued to pay these benefits until February 2019, with the defendant spending the money for personal expenses. The resulting loss to the SSA was approximately $76,393.50.
The plea is the result of an investigation by the Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.
Sentencing is scheduled for September 17, 2021, before Judge Vilardo.
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Buffalo Man Pleads Guilty to Drug and Gun Charge Following Traffic AccidentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jarmaine Dunbar, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possessing a firearm in furtherance of a drug trafficking crime. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Douglas A. C. Penrose and David J. Rudroff, who are handling the case, stated that on October 10, 2020, the defendant was involved in a traffic accident at Leroy Avenue and Holden Street in Buffalo. When officers arrived on the scene, they observed a loaded, semi-automatic pistol on the front passenger seat of Dunbar’s car. When patting down the defendant, officers also retrieved a plastic bag containing cocaine.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for July 15, 2021, before Judge Sinatra.
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Grand Jury Indicts Level 1 Sex Offender on Charges of Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Zachary Feeterman, 26, of Tonawanda, NY, with receipt and possession of child pornography. Based on the defendant’s prior conviction, the charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and a previously filed complaint, on August 8, 2019, two Erie County Probation Officers were conducting a routine home visit at the defendant’s residence where they discovered a cellular telephone. In November 2015, Feeterman was convicted of Attempted Possession of a Sexual Performance by a Child less than 16 years old and was a Level 1 Sex Offender on probation. As a result, he is prohibited from possessing a cell phone. During a search of the phone, the probation officers discovered several anonymous chatting and social media applications. One of the applications was KEEPSAFE, a vault storage application that looks like a calculator. The application contained files with images and videos of child pornography. Investigators also found numerous other images and videos of child pornography on the phone. Some of the images and videos included prepubescent children and depictions of violence.
Feeterman will be arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. on March 26, 2021, at 1:00 p.m.
The indictment is the result of an investigation by members the Erie County Probation Department, under the direction of Commissioner Brian McLaughlin; the FBI's Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Felon Sentenced for Possessing A Firearm and AmmunitionRead 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 Javarus Payne, 34, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 37 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on August 29, 2020, after officers from the Rochester Police Department and troopers from the New York State Police conducted a traffic stop of a car defendant was driving on East Main Street in Rochester. As officers spoke with Payne, they smelled alcohol coming from inside the car, and also noticed a black semiautomatic handgun on the driver’s floor. The officers seized the loaded handgun, which had been reported stolen in Pennsylvania.
Payne was convicted in federal court in February 2012 of possessing a firearm in furtherance of a drug trafficking crime, and was under the supervision of the United States Probation Department at the time of this arrest. As a result, he is legally prohibited from possessing firearms and ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the New York State Police, under the direction of Major Barry Chase; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Rochester Man Pleads Guilty to Failing to Pay Thousands of Dollars Owed to the IRSRead 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 Jonathan Botier, 47, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to tax evasion. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from January 2012 through March 2016, the defendant worked at Unity Health System in Rochester. Botier then worked for other medical facilities in the New York City area. While working at Unity Health System and the other facilities, the defendant submitted fraudulent W-4 forms to his employers stating that he was exempt from having taxes withheld from his income or that he should have a reduced amount of taxes withheld based on a fraudulent number of allowances reported on the W-4 forms. This resulted in Botier’s employers not withholding or significantly under-withholding federal income taxes from the defendant’s wages and thus not forwarding the appropriate amount of federal income taxes to the Internal Revenue Service on behalf of Botier.
For the years 2012 through 2018, the defendant received total wages of approximately $832,032 and owed the Internal Revenue Service approximately $181,911 in federal income taxes. However, Botier failed to file a federal income tax return for each of those years and failed to pay the vast majority of federal income taxes he owed to the Internal Revenue Service.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for June 10, 2021, before Judge Geraci.
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Rochester Fentanyl Dealer Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Devonnte White, 29, of Huntersville, North Carolina, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possessing with intent to distribute 400 grams or more of fentanyl. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Robert A. Marangola, who is handling the case, stated that the defendant was arrested January 15, 2021, following the execution of a federal search warrant at an apartment on Court Street in Rochester. When law enforcement officers entered the apartment, which was occupied only by White, the defendant dropped two bags of fentanyl to the floor. Investigators recovered a total of 1.5 kilograms of fentanyl, 979 grams of cocaine, and 571 grams of heroin from inside the apartment, as well as scales, bags, diluents for processing narcotics for distribution, five cell phones, and $3,954 in U.S. currency.
The plea was the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for June 23, 2021, at 2:00 p.m. before Judge Wolford.
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Rochester Man Sentenced to over 21 Years in Prison for Armed Robbery of Cell Phone StoreRead 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 Troy L. McCullough a/k/a Trey, 49, of Rochester, NY, who was convicted of Hobbs Act robbery and brandishing and carrying a firearm during a crime of violence, was sentenced to serve 262 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Robert A. Marangola, who handled the case, stated that on December 3, 2019, the defendant and co-defendants James A. Houston a/k/a Hood, and Raekwon D. Fuqua, and others, robbed at gunpoint the AT&T store located on E. Ridge Road in the Town of Irondequoit. McCullough entered the store wearing a mask and gloves, brandished and pointed a firearm at a store employee while ordering him to open the safe, held the employee at gunpoint while he and defendant Fuqua removed 32 cellular phones from the store safe, and took them out of the store. The cellular telephones were valued at over $32,344. McCullough was arrested shortly after the robbery at a residence on Champlain Street in Rochester, where the stolen phones were recovered.
Co-defendants Fuqua and Houston were previously convicted of Hobbs Act robbery and are awaiting sentencing.
The sentencing is the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the Irondequoit Police Department, under the direction of Chief Alan Laird.
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Rochester Man Arrested on Gun Charge After Attempting to Flee from PoliceRead 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 Tyree Sommerville, 24, of Buffalo, 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. Meghan E. Leydecker, who is handling the case, stated that late in the morning on December 6, 2020, Buffalo Police Officers were on routine patrol when they observed a vehicle with Ohio license plates fail to signal 100 feet prior to turning at the intersection of Dartmouth Avenue and Orleans Street. Officers activated their overhead lights and sirens to conduct a traffic stop. The operator of vehicle refused to stop and continued to drive before turning into a lot on Stockbridge Avenue. At that point, three individuals exited the vehicle, including Sommerville, who jumped out of the vehicle and fled from officers on foot. After a foot chase, law enforcement officers apprehended the defendant on Hewitt Avenue. As he was being apprehended, officers recovered a semiautomatic pistol from Sommerville. In July 2014, the defendant was convicted of Criminal Possession of a Weapon in the Second Degree, in New York State Court and as a result is legally prohibited from possessing a firearm.
The defendant was ordered detained this morning following a detention hearing before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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