Western District of New York
Press releases recorded for this federal judicial district.
Dominican Republic Native Faces up to 40 Years in Prison After Pleading Guilty to Drug 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 Elison A. Ledesma-Melo a/k/a Carlos Rivera Perez a/k/a Ostin M. Echevarria-Roman, 46, a native of the Dominican Republic, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in August 2018, the Drug Enforcement Administration began investigating the drug trafficking activities of the defendant who was a retail distributor of heroin in the Buffalo area. Ledesma-Melo traveled to the New York, NY, area to obtain heroin which he then brought back to Buffalo for distribution. On September 11, 2019, investigators conducted surveillance of the defendant’s vehicle as it traveled between the Buffalo area and the New York area. A traffic stop of Ledesma-Melo’s vehicle was conducted on Route 20A in Warsaw, NY. The defendant produced a Puerto Rico driver’s license in the name of Ostin M. Echevarria-Roman with a March 1972 birthdate. Following a brief roadside conversation, during which Ledesma-Melo provided false information and exhibited unusual behavior, a New York State Trooper searched the vehicle. A K-9 narcotics detection dog was also brought to the scene to assist in the search. The K-9 made a positive indication for the presence of narcotics in the rear seat/hatch area. A follow-up search of that area resulted in the recovery of a plastic bag which contained in excess of 100 grams of suspected heroin. Ledesma-Melo was taken into custody.
The plea is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for July 15, 2021, before Judge Sinatra.# # # #
Buffalo Woman Arrested and Charged with Stealing Unemployment Benefits; Used Money to Pay for Plastic SurgeryRead 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 Shaneesha White, 25, of Buffalo, NY, was arrested and charged by criminal complaint with theft of government funds, fraud associated with disaster relief, and wire fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that in October 2020, the U.S. Department of Labor received information from the New York State Department of Labor that a federal prisoner was illegally receiving NYS unemployment insurance benefit payments. Subsequent investigation determined that the IP address associated with the unemployment claim was also associated with multiple other claims, including the defendant Shaneesha White. According to the complaint, a total of $48,833.15 was deposited onto Key Bank debit cards controlled by the defendant. The debit cards were in the name of White, and two others. The complaint further states that the defendant used the unemployment benefits to pay for various expenses including a trip to Florida, cosmetic surgery, footwear, and cosmetics.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. It expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for benefits. The CARES Act provided for three new UI programs: Pandemic Unemployment Assistance (PUA); Federal Pandemic Unemployment Compensation (FPUC); and Pandemic Emergency Unemployment Compensation (PEUC).
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.
The complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge Todd Dennis; and the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Who Pleaded Guilty to Rioting Going to Prison for Burning A Mobile Office Trailer During Civil UnrestRead 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 Javon Hardy, 25, of Rochester, NY, who pleaded guilty to rioting, was sentenced to serve 12 months in prison by U.S. District Judge Charles J. Siragusa. Hardy was also ordered to pay restitution in the amount of $14,504.
“Javon Hardy is one of 16 defendants charged in connection with violent protests that occurred in Rochester and Buffalo during a period of civil unrest in 2020, and the first to be sentenced to prison,” stated U.S. Attorney Kennedy. “While my Office will zealously protect every individual’s right to free speech, we will also zealously protect public safety by holding law breakers accountable for their criminal conduct.”
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on May 30, 2020, in the City of Rochester, the defendant, along with numerous other individuals, participated in a public protest near the Public Safety Building located at 185 Exchange Street. At various times during the protest, the gathering turned violent, resulting in significant property damage and looting.
During the course of his rioting, Hardy approached a mobile office trailer located at the corner of Court Street and Exchange Boulevard. After walking up the stairs to the trailer, the defendant reached through a broken window and lit an object inside the trailer which started the fire. Hardy exclaimed “Let that (expletive) burn,” and “If it’s not on fire, I didn’t do my job.” The burning of the trailer and defendant’s statements were captured on Facebook Live, which streamed the burning of the trailer on the internet. The mobile office trailer was completely destroyed by fire.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; and the Rochester Fire Department, under the direction of Fire Chief Willie Jackson.
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Newark Man Arrested 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 Jesse C. DeJohn, 25, of Newark, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on January 14, 2021, during the execution of a search warrant by the New York State Police at the defendant’s residence, investigators seized a desktop computer and a USB thumb drive. A forensic search of DeJohn’s electronic devices recovered approximately 721 images and five videos containing child pornography.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and was detained.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and the Unites States Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Clarence Man Going to Prison for Possessing Firearms in Furtherance of Drug 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 Gerace, 41, of Clarence, NY, who was convicted of possessing firearms in furtherance of drug trafficking crimes, was sentenced to serve 60 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that between 2006 and January 28, 2019, the defendant was involved in the possession and distribution of marijuana, THC, cocaine, hydrocodone, and other federally controlled substances. On January 28, 2019, a federal search warrant was executed at the Gerace’s residence on Michael Douglas Drive in Clarence. Homeland Security Investigation special agents recovered quantities of marijuana and THC intended for distribution by the defendant, as well as 14 firearms and numerous rounds of ammunition for the various firearms. The firearms and ammunition were located in close proximity to the controlled substances, and also in close proximity to $103,360 in U.S. currency. As part of his plea, Gerace admitted that the firearms protected him, his proceeds, the location where he stored his controlled substances and currency, and the controlled substances, which had a conservative street value of approximately $98,850. The defendant also agreed to forfeit $103,360 as well as the firearms and ammunition seized from him on January 28, 2019.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Amherst Police Department, under the direction of Chief John Askey; 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, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
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U.S. Attorney's Office Seeks to Return 1996 Ferrari Taken into Custody at the Peace Bridge to Its Rightful OwnerRead 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 the United States Attorney’s Office for the Western District of New York has filed a civil action seeking to determine the ownership of a 1996 Ferrari F50.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the civil complaint, the Italian luxury sports car was being transported across the border from Canada into the United States at the Peace Bridge Port of Entry on December 14, 2019, at which time the vehicle was taken into custody by Customs and Border Protection (CBP). Subsequent investigation by CBP officers determined that the vehicle was reported stolen in Italy in 2003. Since being taken into custody by CBP officers, multiple parties have claimed ownership of the vehicle. The Government filed the civil action with the Court to determine who can take ownership of the vehicle, which is valued at an estimated $1,900,000.
The Ferrari was initially taken into custody after it was discovered during the inspection of the vehicle at the border that some of the rivets on the VIN plate located on the dashboard were covered in a black tar type substance, which is inconsistent with factory standards. Due to the inconsistencies, CBP placed a hold on the vehicle to conduct additional investigation of the Ferrari’s history.
“After investigation, my Office determined that it would not be appropriate for us to exercise our authority and forfeit this extremely valuable and previously stolen luxury car,” stated U.S. Attorney Kennedy. “Instead, after an 18-year odyssey, which we know took it across continents and countries, we have decided that the time has come for a court of law to determine the rightful owner of the vehicle.”
“This case highlights the hard work, dedication, and enforcement mindset of our officers,” said CBP Buffalo Director Field Operations, Rose Brophy. “We continue to work closely with our law enforcement partners, even through an extensive time frame and over multiple countries, as shown with the outstanding teamwork by all involved in this case.”
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Rochester Man Sentened for Selling Cocaine and Laundering the ProceedsRead 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 Edwin Calderon, 39, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and conspiring to commit money laundering, was sentenced to serve 120 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between 2015 and September 27, 2018, the defendant conspired with Carlos Cruz-Garcia and others, to sell cocaine. Calderon obtained quantities of cocaine to distribute in the Rochester area. Some came through the United States Postal Service addressed to other people, including Cruz-Garcia. Those packages contained half-kilogram quantities of cocaine and were shipped from Puerto Rico. Co-conspirators would then deliver the packages to the defendant who would sell the cocaine for profit.
In furtherance of the money laundering conspiracy, Calderon and his co-conspirators exchanged small denomination bills from drug sales for larger denomination bills at banks, in an effort to reduce the physical size of the bills and, therefore, make it easier to conceal and transport.
On July 20 and July 31, 2018, the defendant and Cruz-Garcia traveled to a credit union on Ridge Road in Rochester and exchanged approximately $11,000 worth of small denomination bills for $100 bills. On July 20, 2018, Calderon and Cruz-Garcia traveled to another credit union on Mt. Read Boulevard in Rochester and exchanged approximately $8,000 worth of small denomination bills for $100 bills. After obtaining the larger denomination bills, the defendant and his co-conspirators would send large amounts of money – consisting of drug proceeds – concealed in multiple packages through the United States Postal Service from Rochester to Puerto Rico.
Calderon was charged along with Carlos Cruz-Garcia and Manuel Medina. All three defendants have been convicted.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.
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Former Newark High School Faculty Member Pleads Guilty to Production and Possession of Child Pornography, Faces up to 50 Years in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Holland, 29, of Newark, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography and possession of child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of 50 years, lifetime supervised release, and a $500,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between 2016 and 2020, the defendant, who was formerly employed as a Teaching Assistant in the Newark, NY, Central School District, and a teacher/assistant at the Canandaigua, NY, YMCA, engaged in a series of child exploitation and child pornography crimes, including coercing minors both known and unknown to him to produce child pornography via social media; surreptitiously recording minors in states of undress in their homes, surreptitiously recording minors in states of undress at a YMCA where he was employed, surreptitiously recording minors and others in states of undress at his Newark photography studio “Illumination Images,” and downloading and possessing hundreds of images and videos of pre-existing child pornography via the internet.
The defendant posed as a 14-16 year-old male and used the Snapchat account “Tjohnson755” and the Instagram account “TimJ755,” to engage minors in sexually explicit conversations. Holland would begin in neutral conversation, then would send pictures of an attractive teenaged boy, before transitioning the conversation to sexual topics and demanding that the minors produce and send to him nude or semi-nude photographs – to include the minors’ faces. The defendant often played upon his victims’ insecurities, paying them compliments and promising that he would delete their photos and would not share them. In some cases, once he obtained nude or semi-nude photographs, Holland would ask for more sexually explicit photographs involving sex acts. If a minor declined, the defendant threatened to share their previous images over the Internet. Since the defendant knew many of the minors through his employment with the Newark Central School District, he sometimes made specific threats involving the minors actual addresses, relatives, and schools, causing the minors, most of whom were 13 to 16 years old, to suffer extreme anxiety and fear.
The defendant’s conduct was first discovered when a minor victim in Virginia reported to police that Holland had coerced her into sending him sexually explicit photographs and videos. An investigation by the Loudoun County, Virginia, Sheriff’s Office led to the discovery of dozens of victims in the Western District of New York, and coordination with the Newark Police Department, the Wayne County Sheriff’s Office, the Canandaigua Police Department, and the Department of Homeland Security.
In addition to coercing minors to produce child pornography via social media and the internet, Holland also engaged in the following conduct:
• Between October 2019, and February 14, 2020, while employed as a teacher/assistant at the before and after school childcare program at the Canandaigua YMCA, the defendant was responsible for supervising children 3 to 12 years old. On at least one occasion, Holland entered the family locker room and photographed approximately 5 female children in his care as they were changing out of their swimsuits after swimming in the YMCA pool.
• Between February 18, 2019, and February 20, 2020, Holland surreptitiously recorded a 10-11 year-old girl in various stages of undress in the bathroom of her home in Newark.
• On April 17, 2016, the defendant surreptitiously recorded a 10 year-old female in various stages of undress in the bathroom of her home in Marion, NY.
• Prior to his arrest in May 2020, Holland was also the owner and operator of Illumination Images located in Newark. Using this business, the defendant surreptitiously recorded minors in various states of undress by placing a hidden recording device inside of the studio changing room.
The defendant also possessed hundreds of images and videos of child pornography that he obtained via the Internet, including images and videos depicting the sexual abuse of prepubescent minors, to include toddlers, and children being subjected to violence.
The plea is the result of an investigation by the Loudoun County, VA, Sheriff’s Office, under the direction of Sheriff Michael L. Chapman; the Newark, NY Police Department, under the direction of Chief Mark Thoms; the Wayne County Sheriff’s Office, under the direction of Sheriff Berry Virts; the Canandaigua, NY Police Department, under the direction of Chief Stephen Hedworth; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for June 17, 2021, at 9:15 a.m., before Judge Siragusa.
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Rochester Music Teacher Pleads Guilty to 74 Charges, Including 61 Counts of Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Philip M. Close, 43, of Rochester, NY, pleaded guilty before U.S. District Judge Charles A. Siragusa to a 74-count indictment, including 61 counts of production of child pornography and 13 counts of possession of material containing child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum 2,090 years in prison, and a $18,500,000 fine.
“The defendant occupied a position of trust with respect to his students,” stated U.S. Attorney Kennedy. “His perverse violation of that trust, together with our duty to protect our children, warrant the defendant being held fully accountable for all that he did, and full accountability is precisely what today’s plea ensures.”
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that from 2016 to 2019, the defendant owned the Close School of Music on West Ridge Road in the Town of Parma and provided private music lessons to children of all ages. During that time, Close hid spy cameras throughout the school and secretly recorded the students, parents, and other teachers. Some of these cameras captured videos of the defendant inappropriately touching his students and himself during lessons. Close also placed two spy cameras in the school’s only bathroom: one under the toilet and one hidden in a watercooler facing the toilet. The defendant intentionally positioned these cameras to record the naked genitals of young girls when they stood up from the toilet. Prior to opening the Close School of Music in 2016, the defendant worked at a different music school. Between 2012 and 2016, he also placed a spy camera in the bathroom of that school and intentionally recorded the naked genitals of young girls when they went to the bathroom.
Between 2012 and 2019, Close produced hundreds of videos of child pornography involving 61 identified minor victims. The youngest victim was four years old. While executing search warrants at the Close School of Music, investigators also discovered 13 devices that contained other images and videos of child pornography.
The plea 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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for August 16, 2021, at 10:00 a.m. before Judge Siragusa.
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Suspected Gang Member Arrested, Charged with Being A Felon in Possession of A Firearm After Leading Police on A ChaseRead 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 Sydney Johnson, 28, 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. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, in August 2019, the FBI Safe Streets Task Force initiated an investigation into members of the Fruit Belt Posse (FBP). The FBI learned that members and associates of the FBP are actively engaged in the distribution of narcotics, firearms offenses, and gang activity. On February 26, 2021, task force members and the Niagara Frontier Transportation Authority (NFTA) Police Department were conducting surveillance on the defendant, a suspected member of the FBP. Investigators observed Johnson, whose driver’s license is currently suspended, driving a rental vehicle in the City of Buffalo. NFTA marked patrol units initiated a traffic stop on the defendant’s vehicle, but Johnson attempted to elude police officers. As officers pursued the vehicle, one officer observed a firearm being thrown from the passenger side of Johnson’s vehicle. In addition, dash cam footage from the patrol vehicle captured the firearm being thrown from the vehicle. Officers retrieved the loaded firearm from the side of the road. Johnson continued to flee and was later observed exiting the vehicle on foot and running. NFTA officers took the defendant into custody after a foot chase.
In October 2020, Johnson was convicted of Attempted 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 made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained pending trial.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Niagara Frontier Transportation Authority Police Department, under the direction of Chief George Gast; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
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 Arrested, Charged for His Role in A Scheme to Defraud Medicaid Out of Thousands of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Saleh Mozeb, 65, of Buffalo, NY, was arrested and charged by criminal complaint with healthcare fraud. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
“The Medicaid program is intended to provide healthcare benefits to those in need,” noted U.S. Attorney Kennedy. “This Office and our partners will do all that we can in order to ensure that dishonest individuals who seek to enrich themselves by exploiting the Medicaid program are brought to justice.”
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that the defendant is a co-owner of Great Lake Transportation, which is a non-emergency medical transportation provider for Medicaid recipients. Great Lake, which has been operating since August 2016, has approximately 15 vehicles in its fleet and employs approximately 20 drivers, primarily providing rides to and from methadone clinics in the Buffalo area. Between September 2016, and December 2020, representatives from Great Lake submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation allegedly provided by Mozeb. The fraud involved the billing of Medicaid transportation trips that were not actually being performed, and individual rides that were billed as group rides, resulting in a greater reimbursement. Great Lake billed approximately $34,825 between September 2016, and December 2020, for rides provided by the defendant.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions, including electronic monitoring.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Medicaid Fraud Control Unit, under the direction of New York State Attorney General Letitia James; the New York State Police, Special Investigation Unit, under the direction of Major James Hall; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; the New York State Comptroller's Office, under the direction of Comptroller Thomas DiNapoli; and U.S. Border Patrol, under the direction of Acting Chief Patrol Agent Buffalo Sector Andrew K. Scharnweber.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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North Tonawanda Man Indicted for COVID-19 Relief Fraud and Credit Card FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a five-count indictment charging Michael Kornaker, 50, of North Tonawanda, NY, with wire fraud and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 20 years, and a $250,000 fine.
“As alleged in the indictment, the defendant’s conduct has demonstrated that he is a serial fraudster who will stop at nothing to fill his own pockets with money intended for those in need,” stated U.S. Attorney Kennedy. “Let this prosecution put the defendant and others like him on notice—we are paying attention, and if you commit fraud trying to enrich yourselves with money earmarked for those hardest hit by the pandemic, then the only return you should expect to receive is one from a federal grand jury in the form of an indictment.”
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment and a previously filed complaint, Kornaker was recently released from federal prison following a prior fraud conviction and was on supervised release. Between June and August 2020, the defendant fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission. In addition, the defendant fraudulently applied for an American Express credit card using the same person’s name and personal information and without their permission.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Jonathan D. Larsen.
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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Grand Jury Indicts Jamestown Man on Multiple Child Pornography Charges Including Enticement and ProductionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three-count indictment charging Richard Lafrance, 34, of Jamestown, NY, with enticement, production of child pornography, and committing certain crimes while required to register as a sex offender. The charges carry a minimum sentence of 45 years in prison, and a maximum penalty of life.
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment and a previously filed complaint, in April 2019, the defendant met and began communicating via email and text message with a 14-year-old Minor Victim (MV1). The communications between Lafrance and MV1 were sexually explicit and included the defendant requesting that MV1 send him naked pictures. In addition, Lafrance met up with MV1 on at least two occasions to engage in sexual intercourse.
In 2006, the defendant was convicted in Oregon of two counts of second degree rape and one count of second degree sexual abuse, and as a result, he is a registered Level III sex offender.
The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Chautauqua County Sherriff’s Office, under the direction of Sheriff James B. Quattrone.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Roswell Park Nurse Pleads Guilty to Tampering with Medications Intended for PatientsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Kelsey A. Mulvey, 28, of Grand Island, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to tampering with a consumer product. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
“This case highlights the self-destructive power of addiction and the lengths to which those struggling with substance use disorder will go,” stated U.S. Attorney Kennedy. “This defendant took medications intended to treat cancer patients to feed her own addiction, hurting those who were seriously ill or dying. This case illustrates just how widespread and devastating the damage caused by a one person’s addiction can be.”
“The FDA oversees the U.S. drug supply to ensure that it is safe and effective, and those who tamper with medicines put patients’ health at risk,” said Special Agent-in- Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations, New York Field Office. “We will continue to protect the public health and bring to justice health care professionals who take advantage of their unique positions and compromise patients’ health and comfort by criminally tampering with needed drugs.”
“Kelsey Mulvey's plea today to tampering with powerful narcotics intended to ease the suffering of cancer patients here in Buffalo painfully resonates with the thousands of families who have personally faced the challenges and torment that comes with the crippling affliction of cancer,” said FBI Buffalo Field Office Special-Agent-in-Charge Stephen Belongia. “Although the pain of addiction takes its own toll on those who suffer from it, it cannot and does not excuse medical professionals who intentionally compromise the health and comfort of cancer patients who deserve to receive safe and unadulterated medication meant to ease their pain.”
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between July 21, 2016, and July 13, 2018, the defendant worked as a registered nurse at Roswell Park Comprehensive Center. Between February and June 2018, Mulvey tampered with and stole controlled medications, including Dilaudid, from various medication dispensing machines located throughout the hospital, which tracked and held controlled substances meant for Rowell Park patients. She did so to satisfy her addiction.
Specifically, the defendant would conduct a transaction at a dispensing machine, quickly cancel the transaction and leave the medication drawer open, open the vial and remove the hydromorphone, replace it with water, and place the vial back into the machine so the total count of vials would not trigger scrutiny. Over time, Mulvey utilized the patient medical record database to search for patients specifically prescribed hydromorphone, because to access the dispensing machine, the defendant had to first access patient profiles. At times, Mulvey would divert vials of controlled medications from the dispensing machine and not administer the medication to any patient.
On June, 27 2018, the defendant had a scheduled vacation day, however, she was observed accessing a dispensing machine, carrying a backpack, and exiting a medication room in which she was not assigned. It was later determined that Mulvey had accessed the drawer for hydromorphone. The defendant was subsequently placed on administrative leave and resigned in lieu of termination.
From June to July 2018, there was a spate of waterborne infections at Roswell Park, during which six patients became ill. An investigation by the hospital concluded that tampering of compounded hydromorphone vials was the cause. On June 27, 2018, seven hydromorphone vials were removed from the dispensing machines, which were involved in the defendant’s conduct. Four out of seven grew the waterborne bacteria and had approximately 80% of the hydromorphone removed and replaced. Roswell Park tested another set of vials and concluded that three out of four vials had a substantial percentage of hydromorphone removed and replaced and waterborne bacteria.
The plea is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of Special Agent in Charge Jeffrey Ebersole; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Department of Education, Office of Professional Discipline; and the New York State Attorney General’s Office, under the direction of Attorney General Letitia James.
Sentencing will be scheduled at a later date.
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Two Michigan Men Arrested 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, 20, of Michigan, were arrested and charged by criminal complaint with fleeing and evading a checkpoint operated by federal law enforcement in a motor vehicle in excess of the legal speed limit and with eluding examination and inspection by immigration officers. The charges 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 according to the complaint, on March 5, 2021, at approximately 10:00 p.m., the Canadian Border Services Agency (CBSA) alerted Customs and Border Protection (CBP) officers at the Lewiston Port of Entry, that a black Jeep Commander with Ohio license plates had just fled the CBSA secondary inspection area. The driver was identified as defendant Williams, and the passenger was identified as defendant Greer. CBSA advised that after defendants arrived at their checkpoint, they were directed to a secondary inspection area and instructed to remain in the vehicle while a records check was conducted. Williams and Greer immediately drove off at a high rate of speed against traffic back through the CBSA primary lanes towards the United States. Williams then drove through a CBP truck lane number and failed to stop for inspection, at which time “port runner” protocols were initiated.
CBP Officers departed Lewiston Port of Entry in pursuit of the defendants. The black Jeep Commander was observed on the comer of Baseline Road and Staley Road on Grand Island, NY. When Officers turned their vehicle around, Williams and Greer once again fled at a high rate of speed, getting back onto the I-190 heading south. CBP continued in pursuit utilizing lights and sirens. The defendants exited the I-190 and entered the 198 and attempted to evade CBP Officers by making turns at various streets in between Buffalo State College and the Peace Bridge Port of Entry, before getting back onto I-190 south and eventually the I-90 west. During the pursuit, vehicle speeds ranged in excess of 95 to 110 mph. On the I-90 near Dunkirk, NY, the New York State Police attempted safely to stop the vehicle utilizing tire deflating techniques. The defendants evaded that attempt, and approximately 12 miles past that point, the black Jeep Commander was found abandoned on the side of the highway. Law enforcement officers commenced a search for Williams and Greer who fled the vehicle on foot. At approximately 1:00 a.m., on March 6, 2021, defendant Williams walked out of the wooded area adjacent to the I-90 and turned himself into CBP Officers. During a search of Williams, officers recovered approximately 10 grams of suspected THC/marijuana. A few minutes after Williams was taken into custody, defendant Greer was located and taken into custody on the side of I-90 trying to flag down other vehicles.
The complaint is 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Sentenced on Drug and Gun 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 Bryson McBride, 22, of Rochester, NY, who was convicted of possessing with intent to distribute cocaine and possessing a firearm with an obliterated serial number, was sentenced to serve 46 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that on May 16, 2019, at a residence on Baycliff Drive in Rochester, the defendant possessed a quantity of cocaine, which was packaged for distribution. McBride also possessed quantities of fentanyl and acetyl fentanyl. In addition, the defendant possessed a 9mm semiautomatic pistol with an obliterated serial number.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Rochester Man Pleads Guilty to Gun 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 Jean Green-Alvarez, 34, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to being felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on January 15, 2020, at approximately 12:14 a.m., the defendant, while in possession of a loaded semiautomatic rifle, approached an individual and forcibly stole a backpack. Green-Alvarez then fled to 108 Emerson Street in Rochester and handed the weapon and proceeds from the robbery to an individual inside the home. The weapon was recovered by law enforcement officers in the basement of 108 Emerson Street. In September 2009, the defendant was convicted of conspiracy to possess with intent to distribute crack cocaine in the District of Puerto Rico. As a result of that prior conviction, Green-Alvarez is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; 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 United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for June 7, 2021, at 3:00 p.m. before Judge Geraci.
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Two Buffalo Men Arrested on Fentanyl Conspiracy 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 Alexis Lopez, 27, and Ivan Irizarry-Ramos, 35, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiring to possess with intent to distribute fentanyl. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
“Sadly, this deadly mixture of cocaine and fentanyl is becoming increasingly prevalent in our District,” noted U.S. Attorney Kennedy. “Buyers of cocaine may have no idea that their drug of choice is laced with fentanyl. This situation is extremely dangerous and often deadly, especially for unsuspecting cocaine users who have no tolerance for opioid drugs.”
Assistant U.S. Attorneys David J. Rudroff and Charles M. Kruly, who are handling the case, stated that according to the complaint, on March 1, 2021, the U.S. Postal Inspection Service executed a search warrant on a Priority Mail Express Parcel, which contained approximately ½ a kilogram of a substance containing a mixture of fentanyl and cocaine. The drugs inside the parcel were replaced with sham material, and an undercover agent delivered the parcel to an address on Leroy Avenue in Buffalo, where it was accepted by defendant Lopez. After the parcel was taken inside, agents were alerted that the parcel had been opened. Following that alert, a search warrant was executed and agents discovered Lopez and defendant Irizarry-Ramos together in an apartment, from which they also recovered a digital scale, plastic packaging materials, and an electric blender with white powdery substance inside.
The defendants made an initial appearance before Magistrate Judge Michael J. Roemer and are being held pending a detention hearing on March 11, 2021.
The complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division, 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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Buffalo Man on Federal Probation Arrested on 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 Larry Watkins, Jr., 54, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a weapon. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Meghan E. Leydecker and Franz M. Wright, who are handling the case, stated that according to the complaint, the defendant is currently on federal probation following a 2019 conviction for being a felon in possession of ammunition. On March 2, 2021, United States Probation Officers, assisted by other law enforcement personnel, searched Watkins’ Stanton Street residence and recovered a 9mm pistol in his bedroom. The defendant was also previously convicted in New York State Court of drug and gun charges and is legally prohibited from possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on March 17, 2021.
The complaint is the result of an investigation by the United States Probation Office, under the leadership of Chief Probation Officer Timothy C. Englerth, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Robert and Todd Morgan, Two Others, Charged with Wide-Ranging Mortgage and insurance 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 a 104-count indictment charging Robert Morgan, Todd Morgan, Frank Giacobbe, and Michael Tremiti, with conspiracy to commit wire fraud and bank fraud for their roles in a wide-ranging mortgage fraud scheme. The defendants each face charges of wire and bank fraud. Robert and Todd Morgan are also charged with defrauding insurance companies. The charges carry a maximum penalty of 30 years in prison and a fine in the amount of double the loss caused by the crimes.
“Upon executing search warrants in this case, my Office, together with our law enforcement partners, acted quickly to take action in an effort to try to limit the amount of damage occasioned by the defendants’ alleged widespread fraud,” noted United States Attorney Kennedy. “While that effort succeeded in that objective, the unfortunate truth is that the swiftness with which we moved may have also contributed to the reasons for which the original indictment in this case was dismissed by the Court. In the end, however, this new indictment now ensures that the defendants will be held to answer for the serious crimes alleged therein.”
Assistant U.S. Attorneys Elizabeth R. Moellering and Douglas A.C. Penrose, who are handling the case, stated that according to the indictment, between 2007 and January 2019, the defendants conspired with Kevin Morgan, Patrick Ogiony, Scott Cresswell, and others fraudulently to obtain funds from financial institutions such as Arbor Commercial Mortgage, LLC, Berkadia Commercial Mortgage, LLC, UBS and Deutsche Bank, and government sponsored enterprises, including Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fannie Mae).
During the course of the conspiracy, the defendants engaged in a scheme to defraud financial institutions and government sponsored enterprises by providing false information to lenders in support of applications for mortgage loans to purchase properties, refinance properties or build properties. As part of the applications for mortgage loans, the defendants submitted inflated and false rent rolls which included non-existent tenants and inflated rents to fraudulently increase the income for a building in order to justify a loan amount that they would not otherwise qualify for. Similarly, in order to further inflate the income, defendants told lenders they were receiving fake fees, such as stating that residents paid for cable when it was actually included in the rent. Defendants also fraudulently reduced and improperly capitalized expenses in order to make the property appear to generate more income to, again, justify a larger mortgage loan than they would otherwise qualify for.
The defendants took steps to conceal the fraud from the lenders, including by making vacant units appear occupied during inspections by turning radios on in vacant units, by placing welcome mats and shoes in hallways outside vacant units, and by paying individuals to pretend to be tenants in units the inspectors would enter.
In the wire fraud conspiracy to defraud insurers, Todd Morgan and Robert Morgan are accused of conspiring with Kevin Morgan and Scott Cresswell to present false and inflated contracts and invoices to insurance companies for repairs after damages to properties in Robert Morgan’s real estate portfolio.
While the loans which were the subject of defendants’ alleged fraudulent conduct exceeded $400 million in value, the total loss sustained by financial institutions and government sponsored enterprises throughout the mortgage fraud scheme is currently estimated to exceed $9,500,000. The loss resulting from the insurance fraud scheme is currently estimated at approximately $3,000,000.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and were released on conditions.
Defendants Kevin Morgan and Patrick Ogiony were previously convicted of conspiracy to commit bank fraud, and defendant Scott Cresswell was previously convicted of conspiracy to commit wire fraud for their roles in the multi-million dollar fraud scheme. All three defendants are awaiting sentencing.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.
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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Grand Jury Indicts Rochester Man on Multiple Child Pornography Charges Including Enticement and ProductionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging James Oliver Young, 52, of Rochester, NY, with enticement of a minor to engage in sexual activity, conspiracy to produce child pornography, and production and receipt of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a maximum of life.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that the according to the indictment and previously filed complaints filed against the defendant and co-defendant and Rebecca Wilson, on April 17, 2020, the New York State Police received information from the National Center for Missing and Exploited Children (NCMEC) that an “Ollie Young” was communicating with a Minor Victim (MV1), in Rochester through private messages on Facebook. It appeared that “Ollie Young” was attempting to entice MV1 to produce and send apparent child exploitation images as well as engage in sexual activity. “Ollie Young” was later identified as defendant Young. Subsequent investigation determined that Young and Wilson allegedly had sexual relations with MV1 on multiple occasions.
On April 18, 2020, New York State Police executed a search warrant and seized multiple devices, including two cell phones belonging to Wilson. Investigators located multiple videos depicting child pornography involving Minor Victim 2 (MV2).
Rebecca Wilson previously pleaded guilty to two counts of production of child pornography and is awaiting sentencing.
Young made an initial appearance today before U.S. Magistrate Judge Mark W. Pedersen and was detained.
The indictment is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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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Brazilian Citizen Who Ran Smuggling Organization Pleads Guilty to Alien SmugglingRead 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 Tiago Mello-Lima, 34, a Brazilian citizen living in Canada, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to bringing aliens to the United States for commercial advantage or private financial gain. The charge carries a mandatory minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine.
Assistant U.S. Attorney Charles Kruly, who handled the case, stated that the defendant managed and supervised a smuggling organization. Specifically, on April 28, 2019, while in Ontario, Canada, Mello-Lima and two other individuals, including co-defendant Renan Portela Bandeira De Souza, launched a boat, containing four alien passengers who were not citizens or nationals of the United States, into the Niagara River. In prior negotiations with two of the aliens, the defendant agreed to charge each alien approximately $6,000 to bring them to the United States. Mello-Lima drove the boat from Canada to the United States landing on Grand Island, NY. The four aliens disembarked, and the defendant returned the boat to a dock in Canada. Mello-Lima planned the April 28, 2019, smuggling and arranged for a U.S.-based individual to pick up the aliens on Grand Island and drive them to their final destinations in the United States. Between March 17 and July 2019, Mello-Lima smuggled or aided and abetted the smuggling of six more aliens into the United States.
Co-defendant Renan Portela Bandeira De Souza also pleaded guilty to bringing aliens to the United States for commercial advantage or private financial gain and was sentenced to serve 21 months in prison by U.S. District Judge Richard J. Arcara.
The plea is the result of an investigation by U.S. Border Patrol Buffalo Sector, under the direction of Acting Chief Patrol Agent Andrew Scharnweber, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. The Justice Department’s Office of International Affairs provided substantial assistance.
Sentencing for Mello-Lima will be scheduled at a later date.
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Buffalo Man Facing 25 Charges, Including Drug, Gun and COVID Fraud Charges, in Two Separate IndictmentsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned two separate indictments against Joseph Bella, 48, of Buffalo, NY. A superseding indictment charges the defendant with possessing with intent to distribute, and distributing cocaine; maintaining a drug involved premises; possessing a firearm in furtherance of a drug trafficking crime; being an unlawful user of a controlled substance in possession of a firearm; and threatening to injure a person through interstate communications. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
The second indictment charges Bella with committing wire and mail fraud, money laundering, and making false statements on a loan application. The charges in the second indictment carry a maximum possible sentence of 30 years in prison and a $1,000,000 fine.
“The common thread running through the allegation in these two indictments is defendant’s willingness to do anything to make a buck, even if it means jeopardizing the health and safety of others,” noted U.S. Attorney Kennedy.
Assistant U.S. Attorneys Nicholas T. Cooper and David J. Rudroff, who are handling the cases, stated that the according to the superseding indictment, indictment and a previously filed criminal complaint, on April 23, 2020, Special Agents and Officers from Homeland Security Investigations, U.S. Border Patrol, U.S. Customs and Border Protection, and the Buffalo Police Department executed a search warrant at a residence on Summer Street in Buffalo. The defendant was present during the execution of that warrant. During the search, a quantity of cocaine, plastic bags, and a digital scale were seized. In addition, agents also discovered: a shotgun and numerous rounds of ammunition; THC gummies, lollipops, and other THC edibles; marijuana cigarettes and loose marijuana; THC vape cartridges; suspected Psilocybin mushrooms; a small quantity of MDMA; various pills; and THC resin.
In addition, Bella is alleged to have defrauded a Salt Lake City, Utah, corporation (Victim) that developed and manufactured COVID-19 test kits. Bella falsely represented that his company, Medcor Staffing, Inc., was laboratory certified to perform high-complexity molecular testing, that Medcor was an “end-user” of the tests, and that Medcor would not attempt to resell them. As a result, the Victim sold Bella 5,000 COVID-19 tests that he could not safely and accurately process, could not provide end-user support for, and, in fact, intended to re-sell at a substantial mark-up.
In March 2020, Bella advertised on his personal Facebook account that he was selling “FDA approved COVID-19 Test Kits.” In April 2020, the defendant communicated with an undercover federal agent by telephone, text message, and email, falsely telling the agent that he had 50,000 COVID-19 tests for sale; that the COVID-19 tests were being stored in a warehouse in San Diego, California at -20 degrees Celsius; that Medcor was an “exclusive licensed reseller” of the tests; and that Medcor employed doctors and scientists to answer customers' questions. Bella attempted to sell the tests to the agent for $30 per test, or more, after fraudulently obtaining the tests for only $8 apiece.
The defendant is also accused of fraudulently obtaining a loan from the Small Business Association under the Economic Injury Disaster Loan (EIDL) Program, which is designed to provide low-interest loans to qualifying small businesses to help them meet financial obligations and operating expenses in the event of a disaster. At Bella’s direction, a subordinate submitted a falsified application for a loan under the EIDL Program for another business Bella owns called BuyMyCard, a purchaser and re-seller of gift cards. The application grossly inflated BuyMyCard’s annual revenue, grossly underreported BuyMyCard’s annual expenses, and falsely stated that Bella was not subject to formal criminal charges at the time of the application. As a result of the falsified application, the SBA approved and funded a $149,900 loan to BuyMyCard under the EIDL Program.
Bella has been under home confinement since May 2020. Following his arraignment on these two indictments, U.S. Magistrate Judge Michael J. Roemer revoked Bella’s release and he was ordered detained pending trial.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The indictments are the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; U.S. Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Grand Jury Indicts Depew Man for Selling Fentanyl That Led to the Deaths of Two IndividualsRead 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 Jonathan DiPirro, 30, of Depew, NY, with distribution of acetyl fentanyl, fentanyl, and cocaine causing death, distribution of acetyl fentanyl and fentanyl causing death, possessing with intent to distribute, and distributing, acetyl fentanyl and fentanyl, narcotics conspiracy, possession with intent to distribute methamphetamine and crack cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life in prison.
“This indictment alleges that the drugs distributed by the defendant resulted in the deaths of two of his customers,” stated United States Attorney Kennedy. “While no amount of punishment can bring back those lives and while the hope is that the prospects of spending 20-plus years in federal prison might deter others from supplying drugs that could lead to overdose, in the end, the only real guarantee that this prosecution can provide is that defendant, if convicted as charged, won’t be able to provide deadly poison to anyone else for at least two decades.”
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a previously filed complaint, in October of 2019, the Lancaster Police Department, Drug Enforcement Administration, and the New York State Police Violent Gang Narcotics Enforcement Team began investigating the drug dealing activities of the defendant and his co-defendant Sarah Szymanski, who were identified as individuals who sold heroin and fentanyl together in the Western New York area. Since February of 2020, law enforcement has made three separate controlled purchases of suspected opiates from co-defendants DiPirro and Szymanski.
On November 2, 2019, Lancaster Police Officers, the Bowmansville Fire Company, and the Lancaster Volunteer Ambulance Corporation, responded to an emergency call at a residence in Lancaster. When first responders arrived, they discovered an individual identified as J.L. deceased. Next to J.L., officers observed a hypodermic needle containing a small amount of liquid or blood. A few days later, on November 4, 2019, officers took custody of an eyeglasses case that contained an amount of suspected controlled substances and the hypodermic needle. Testing by the Erie County Central Police Services Forensics Laboratory confirmed that the powdered substance contained a mixture of acetyl fentanyl, fentanyl, and cocaine. On February 11, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in J.L's system at that time that contributed to the drug intoxication.
Subsequent investigation determined that DiPirro was the individual J.L. contacted by cell phone, using calls, text messages, and Facebook Messenger, to purchase heroin or fentanyl. Specifically, between September 2019 and November 2, 2019, the date of his overdose death, J.L. contacted DiPirro continually using these lines of communication. During that time, J.L. overdosed from heroin and/or fentanyl on three known occasions. J.L. survived the first two overdoses, but died as a result of the third overdose.
On March 4, 2020, the Cheektowaga Police Department responded to an emergency call at a residence in Cheektowaga involving an overdose of an individual. When officers arrived, they found an individual, identified as S.L., unresponsive. Officers administered two doses of Narcan but could not revive S.L. Officers also administered cardiopulmonary resuscitation and transported S.L. to St. Joseph's Hospital. Medical personnel ultimately pronounced S.L. dead. The investigation into S.L.'s fatal overdose revealed voice calls exchanged between S.L. and DiPirro on the date of S.L.'s death. On March 5, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in S.L's system at that time that contributed to the drug intoxication.
DiPirro was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and detained.
Sarah Szymanski was previously convicted and is awaiting sentencing.
The indictment is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Cheektowaga Man Charged with Engaging in Sexual Acts with A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Mesko, 50, of Cheektowaga, NY, was charged by criminal complaint with enticement of a minor and production of child sexual abuse. The charges carry a minimum penalty of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, the defendant was arrested by the North Tonawanda Police Department on February 4, 2021, after it was discovered that he had been engaging in repeated sexual acts with the 17-year-old Victim. Mesko communicated with the Victim on social media applications, including Snapchat and TextNow, obtained naked images, constituting child pornography, of the Victim, and enticed the Victim into sexual contact. Investigators conducted a search of the Victim’s iPad and discovered conversations between the defendant and the Victim dating back to October 8, 2020.
Mesko will make an initial appearance this afternoon at 3:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the North Tonawanda Police Department, under the direction of Chief Thomas Krantz; 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to Being A Felon in Possession of A Gun and AmmunitionRead 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 Denzel Robinson a/k/a Sparks, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm and ammunition. The charge carries carry a minimum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Michael J. Adler and Charles E. Watkins, Jr., who are handling the case, stated that on April 28, 2020, the Buffalo Police Department executed a search warrant at the defendant's residence on Sun Street in Buffalo and recovered a .22 caliber rifle and multiple rounds of ammunition. In June 2018, Robinson was convicted in Erie County Court of bail jumping and is legally prohibited from possessing a firearm and ammunition.
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 June 29, 2021, at 2:00 p.m. before Judge Sinatra.
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Rochester Felon Whose Sentence Was Commuted by President Obama Pleads Guilty to Drug Trafficking While on Supervised ReleaseRead 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 Ruben Bullock, 46, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute 500 grams or more of cocaine and violating federal supervised release. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that on January 21, 2021, United States Probation Officers, suspecting that the defendant was engaged in criminal activity, conducted various probation searches at residences used by Bullock, including 154 Saranac Street in Rochester. At that location, probation officers recovered plastic bags from a backpack that contained approximately 750 grams of suspected cocaine, as well as two scales, and a bag containing baking soda commonly used to process cocaine. Probation officers also recovered $8,000 in cash and a quantity of marijuana in the residence. When the probation officers arrested Bullock, he had an additional $8,554 in cash on his person. Bullock admitted to officers to having purchased a kilogram of cocaine the day before for $45,000, as well as possessing the marijuana found inside the residence.
At the time of his arrest, Bullock was on federal supervised release from a previous federal drug conviction for which he was sentenced to serve 210 months in prison by Judge Siragusa. In 2016, President Barack Obama commuted Bullock’s sentence to time served and the defendant was placed on federal supervised release for six years.
“It is disgraceful that someone, having been given a second chance at life by having his prior prison sentence commuted by the President of the United States, decided to squander such chance by returning to a life spent poisoning our community with drugs,” U.S. Attorney Kennedy stated. “I am particularly grateful to the men and women of the U.S. Probation Office for their outstanding work in realizing that Bullock was selling drugs and acting quickly and professionally to stop further sales.”
The plea is the result of an investigation by the Rochester United States Probation Office, under the leadership of Timothy C. Englerth, Chief Probation Officer; and the Drug Enforcement Administration, under the leadership of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for June 8, 2021, before Judge Siragusa.
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Virginia Woman Returns to the United States to Face Charges of Conspiracy and International Parental KidnappingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – United States Attorneys James P. Kennedy, Jr., of the Western District of New York, and Christina E. Nolan, of the District of Vermont, announced today that Lisa Miller, 52, formerly of Virginia, has been returned to the United States from Nicaragua and will be arraigned in the Western District of New York on charges of conspiracy and international parental kidnapping. The charges carry a maximum penalty of five years in prison, and a $250,000 fine.
According to the 2014 indictment, the defendant, in 2009, conspired with co-defendants Philip Zodhiates, Kenneth Miller and Timothy Miller to flee the United States to Nicaragua with her seven-year-old daughter. The defendant fled the country in order to prevent her partner, Janet Jenkins, from visiting her daughter. Both women had parental rights of the child. Miller, who is believed to have been living in Nicaragua with her daughter since 2009, recently surrendered to officials at the U.S. Embassy in Nicaragua.
Three other defendants were charged and convicted for their roles in this case. Philip Zodhiates was charged in the Western District of New York and convicted following a jury trial of international parental kidnapping and conspiracy to commit international parental kidnapping and sentenced to serve 36 months in prison. Zodhiates organized the kidnapping of Lisa Miller’s seven-year-old daughter. He also assisted in the recruitment of Mennonite Pastor Kenneth Miller, who was convicted following a jury trial of international parental kidnapping in the District of Vermont and sentenced to serve 27 months in prison. Timothy Miller was also charged, convicted, and sentenced to time served (eight months) for his role in assisting Lisa Miller. He purchased a one-way plane ticket for Lisa Miller and her daughter to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and her daughter financially including providing her with shelter.
Lisa Miller will be arraigned today, February 26, 2021, at 1:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The indictment against Lisa Miller is the culmination of an investigation by the Vermont Office of the U.S. Marshal’s Service, under the direction of Marshal Bradley Larose; the Vermont Office of the Federal Bureau of Investigation, under the direction of Thomas F. Redford, Special Agent-in-Charge, and the U.S. Department of State’s Diplomatic Security Service (DSS). Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graaf are handling the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Painted Post Man Arrested After Sending Child Pornography to an Undercover FBI AgentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jordan Sowersby, 25, of Painted Post, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in January and February 2021, an undercover FBI Agent located the defendant offering child pornography for download on the internet. The agent downloaded child pornography directly from Sowersby, which enabled the FBI to determine his location in Painted Post. On February 26, 2021, the FBI, accompanied by members of the Steuben County Sheriff and the New York State Police, executed a federal search warrant at the defendant’s residence. A preliminary review of multiple digital devices that were seized found hundreds of child pornography images and videos. Sowersby was arrested immediately following the search warrant.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and is being held.
The complaint 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; the Steuben County Sheriff’s Office, under the direction of Sheriff James L. Allard; and the New York State Police, under the direction of Major Barry Chase.
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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Irondequoit Woman Pleads Guilty to Forging Motor Vehicle Documents for Classic CarsRead 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 Marcella Samuels, 44, of Irondequoit, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between 2015 and 2020, the defendant created and sold forged State of Maine vehicle titles and registration documents to individuals attempting to title and register classic cars. As part of the scheme, Samuels advertised under the pseudonym “Titleman” in the periodical “Old Cars Weekly,” offering title and registration services for owners of classic cars. The defendant used the US Mail to send payment and advertising applications to Old Cars Weekly. Individuals seeking to title or register vehicles would mail payments of $300 to $350 to the defendant, who would then forge and mail the documents back to customers. Over the course of the scheme, the Government believes Samuels collected approximately $292,000 in proceeds from the fraud.
The plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, the New York State Department of Motor Vehicles, under the direction of Commissioner Mark J.F. Schroeder; and the New York State Police, under the direction of Major Barry Chase.
Sentencing is scheduled for May 14, 2021, before Judge Geraci.
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Buffalo Man Arrested, Charged with Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Javonta Hill, 19, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute marijuana, and possession of a firearm in furtherance of drug trafficking activities. The charges carry a minimum penalty of five years in prison, and a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, on February 22, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, together with the Buffalo Police Department, executed a search warrant at the defendant’s Dakota Street residence. Agents and officers knocked and announced their presence, and while waiting for an answer at the door, an individual could be heard running within the second-floor apartment. Agents and officers entered the location and Hill was detained in the kitchen as he was attempting to make a phone call. During the search, 23 bags of suspected marijuana, a gram of suspected cocaine, approximately $12,860 in cash, and a loaded 9mm pistol were recovered. Eleven more bags of suspected marijuana were recovered from the defendant’s vehicle. Between April 26, 2020, and February 14, 2021, the defendant posted numerous videos displaying what appeared to be semi automatic handguns, revolvers, and rifles to his social media accounts. In many of those videos, Hill is depicted displaying the suspected firearms.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
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, 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.
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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Traffic Stop of Vehicle Traveling 95 MPH on the NYS Thruway Results in Felony Firearms 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 Jaron Flagg, 31, of Syracuse, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm and possessing marijuana and cocaine. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that according to the complaint, on January 10, 2021, a New York State Trooper observed the defendant driving 97 miles per hour on the New York State Thruway in Wheatland, NY. The trooper initiated a traffic stop, during which he smelled marijuana and learned that Flagg did not have a valid driver’s license. The defendant was arrested, and a search of his vehicle recovered quantities of cocaine, marijuana, and a loaded 9mm handgun, which had been reported as stolen. Flagg has two prior felony convictions and is legally prohibited from possessing a firearm or ammunition.
The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.
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 DeVito and the New York State Police under the direction of Major Barry Chase.
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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Florida Man Pleads Guilty for His Role in Credit/Debit Card 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 Giosdeivy Duarte Torresilla, 31, of Miami, Florida, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, and a fine of $1,000,000.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in January 2017, the defendant traveled with four co-conspirators from Miami, Florida, to Hamburg, NY. Torresilla then provided his co-conspirators with numerous counterfeit access devices, which consisted of gift cards that the defendant had re-encoded with account numbers for actual credit card or debit card accounts at multiple financial institutions, including banks and credit unions. Torresilla obtained the account numbers unlawfully by “skimming” them from payment terminals at gas station pumps. The co-conspirators used 129 different counterfeit access devices to purchase gift cards at various Walmart stores in Erie, Niagara, and Orleans Counties. After purchasing the legitimate Walmart gift cards, the co-conspirators sent the gift card numbers to a co-conspirator in Miami, Florida. The gift cards were worth $120,689.02.
The plea is the result of an investigation by the United States Secret Service, under the direction of Acting Special Agent-in-Charge Acting Thomas A. Braun.
Sentencing is scheduled for May 6, 2021, at 3:30 p.m. before Judge Geraci.
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Rochester Man Sentenced for Tax ViolationsRead 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 Robert Fitzgerald, 50, of Rochester, NY, who was convicted of failing to collect and pay over payroll taxes to the Internal Revenue Service, was sentenced to serve one year probation and ordered to pay $122,207.16 in restitution to the IRS by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant was the principal corporate officer of Fitzgerald Coaching Inc., a Western New York real estate listings referral company. Fitzgerald was required to collect and pay over Social Security and Medicare taxes to the Internal Revenue Service on behalf of the company. During the years 2010 through 2017, Fitzgerald Coaching Inc. failed to report wages that were subject to Social Security and Medicare taxes totaling $55,487.65. The employer portion of the Social Security and Medicare taxes not paid to the IRS was $66,720.11. The total due to the IRS for both employee and employer Social Security and Medicare taxes is $122,207.16.
The sentencing 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.
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Previously Convicted Sex Offender 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 Vernon Schermerhorn III, 51, of Coeymans Hollow, NY, pleaded guilty before U.S. District Judge David G. Larimer to attempted receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in September 2019, the defendant engaged in conversation on a teen chat website with a person he believed to be a 13-year-old girl, who, in fact, was an undercover FBI agent. The chat turned sexual in nature, and during it, defendant proposed that the two have sex and requested naked photographs.
Subsequent investigation determined that the defendant is a registered sex offender, who was convicted in 2003 in New York State Court of disseminating indecent material to a minor via computer for sexual contact. Schermerhorn was sentenced to 10 years’ probation.
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 Police, under the direction of Acting Major Barry Chase.
Sentencing is scheduled for May 19, 2021, at 2:00 pm before Judge Larimer.
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Grand Jury Indicts Buffalo Man Who Escaped from A Halfway House Following Federal Prison TermRead 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 Rashaad Samuel, 31, of Buffalo, NY, with escape. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, in May 2018, the defendant was sentenced to serve 48 months in prison by U.S. District Judge Richard J. Arcara following his conviction on federal drug charges. On June 25, 2020, Samuel was released from the Pollock Federal Correctional Center in Pollock, Louisiana, and transferred to the Volunteers of America – Western New York Residential Reentry Center with a projected release date of October 4, 2020. On September 26, 2020, the defendant escaped from the reentry center.
The defendant was captured by the U.S. Marshals Service on February 22, 2021, following a slow speed chase that ended with Samuel crashing into another vehicle.
The indictment is the result of an investigation by the United States Marshals Service, under the direction of Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Fairport Man Faces up to 20 Years in Prison After Pleading Guilty to Multiple Drug 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 Adam J. Cole, 32, of Fairport, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute MDA, marijuana, and cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on November 27, 2019, investigators executed a search warrant at the defendant's residence on Pannell Circle in Fairport. During the search, they recovered approximately 58 pounds of marijuana, 322 pills containing MDA, approximately 23 grams of cocaine, drug paraphernalia, approximately $4,300 in United States currency, which represented proceeds from drug trafficking activities. Investigators also recovered two firearms and ammunition. As part of his drug trafficking activities, Cole used his Pannell Circle residence for the purposes of storing, processing, and distributing controlled substances.
In addition, on November 22, 2019, in the Town of Victor, NY, the defendant sold approximately 116 grams of marijuana to another person in exchange for cash. On November 27, 2019, in the area of High Street in Victor, Cole possessed approximately 223 grams of marijuana in his vehicle.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Ontario County Sheriff’s Office, under the direction of Kevin Henderson; and the Canandaigua Police Department, under the direction of Chief Mathew Nielsen.
Sentencing is scheduled for May 18, 2021, at 9:15 a.m. before Judge Siragusa.
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Department of Justice Issues Statement Regarding Federal Civil Rights Review into March 2020 Police Encounter with Daniel PrudeRead the Press Release
Pamela Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division of the Department of Justice, and James P. Kennedy Jr., U.S. Attorney for the Western District of New York, and Stephen A. Belongia, Special Agent in Charge of the FBI Buffalo Field Office, released the following statement:
“The U.S. Attorney’s Office for the Western District of New York, the Civil Rights Division at the Department of Justice, and the Federal Bureau of Investigation are aware that a grand jury empaneled by the New York State Attorney General’s Office has concluded its investigation of the various officers of the Rochester Police Department who encountered Daniel Prude on March 23, 2020, and determined that no charges would be filed. We intend to review the comprehensive report issued by the New York State Attorney General, as well as any other relevant materials, and will determine whether any further federal response is warranted.”
Cattaraugus Woman Pleads Guilty to Distribution 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 Melanie Thompson, 46, of Cattaraugus, NY, pleaded guilty to distribution of child pornography before U.S. District Judge John L. Sinatra, Jr. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that between January 9, 2017, and March 6, 2020, the defendant took sexually explicit photographs of Victim 1, a minor, in furtherance of her plan to impersonate Victim 1. Thereafter, defendant, while impersonating Victim 1, engaged in conversations of a sexual nature with two minor male victims (Victims 2 and 3) and one adult. During those conversations, defendant: solicited a sexually explicit picture from Victim 2; sent, via social media, the sexually explicit photograph she had taken of Victim 1 to Victim 3, receiving two sexually explicit images in return from Victim 3; and while impersonating Victim 1 and engaging in sexual conversations with an adult male over social media, sent such male the sexually explicit photographs she had taken of Victim 1.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Cattaraugus County Sheriff’s Office, under the direction of Timothy S. Whitcomb.
Sentencing is scheduled for June 17, 2021, at 2:00 p.m. before Judge Sinatra.
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Buffalo Man Arrested, Charged with Receiving Images 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 Jeffrey A. Joyes, 49, of Buffalo, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, the defendant used his Kik account to engage in a sexual conversation with a 17-year old minor girl (Victim). During that conversation, Joyes received nude images that constitute child sexual abuse material. The FBI's Child Exploitation Task Force began to investigate on January 22, 2021, after receiving information from an FBI special agent in Augusta, Georgia. The agent had recently interviewed the Victim’s mother, who stated that her daughter met an adult male online and exchanged sexually explicit pictures and videos with him.
A forensic review of the Victim’s phone determined that the defendant communicated with the Victim on the Kik application between January 13-16, 2021. Investigators also recovered multiple photos of the Victim, some of which constitute child pornography. There were also several phone calls made between the defendant and the Victim.
Joyes will make an initial appearance this afternoon at 4:30 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia. Additional assistance was provided by the Augusta, Georgia, Office of the FBI.
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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Postal Worker Pleads Guilty to Failing to Deliver over 1,300 Pieces of MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Barrett, 30, of Sanborn, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to delay or destruction of mail. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that the defendant was employed as a U.S. Postal Service mail carrier assigned to the Lewiston Post Office and responsible for mail deliveries in Lewiston and Youngstown, NY. On October 13, 2020, Barrett was to deliver 1,314 mail pieces, including 502 first class mailings, two certified mailings, and 794 standard mailings, for delivery in the Youngstown area. Instead of delivering those mail pieces, the defendant placed them in a wooded area off Pletcher Road in Youngstown. They were recovered later that day by law enforcement officers. Six days later, on October 19, 2020, fourteen bundles of banded Western New York Value newspapers, dated between August 29 and October 10, 2020, were discovered by USPS agents discarded in a wooded area just west of where the mail pieces were discovered. Barrett was interviewed by USPS agents on October 20, 2020 and admitted to dumping the mail and newspapers instead of delivering them.
The plea is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and the Lewiston Police Department, under the direction of Chief Frank Previte.
Sentencing is scheduled for April 19, 2021, at 2:00 p.m. before Judge McCarthy.
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Statement of United States Attorney James P. Kennedy, Jr. on the Passing of the Honorable Hugh B. Scott, United States Magistrate JudgeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Judge Scott devoted his life to the pursuit of justice and recognized that our system of justice depends vitally on the humanity of those working in it. As a prosecutor and as a jurist, he exuded those human traits which both instill confidence in and breathe life into our system of justice—impartiality, fairness, decency, efficiency, and above all, heart. Blending wisdom and wit, he had an uncanny ability to connect, in a heartfelt way, with all who appeared before him. Though he was a trailblazer, serving as the first black Assistant United States Attorney here in this Office and the first black federal judge ever in this District, his greatness was truly defined not by the color of his skin but by the contents of both his remarkable character and his overflowing heart. I and my entire Office extend our deepest condolences to his wife Trudy, his sons, and the rest of his family.
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Spencerport Man Arrested After Attempting to Have Sex with A 13-Year-Old GirlRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dale E. Trimmer, 46, of Spencerport, NY, was arrested and charged by criminal complaint with the attempted production and receipt of child pornography, and attempted transfer of obscene material to a minor. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, beginning in December 2020, the defendant attempted to communicate with minors online using a chat application. During one such chat, Trimmer engaged in a sexually explicit conversation with a person who he believed was a 13-year-old girl, but who was actually an undercover law enforcement officer. The defendant told the girl that he wanted to have sex with her and attempted to solicit sexually explicit photographs. Trimmer also sent the girl a sexually explicit video of himself, as well as photographs of gifts, including stockings, that he bought for her. As the conversations continued, Trimmer discussed meeting the girl for sex, and formulated several plans as to how they could carry on a sexual relationship.
The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held pending a detention hearing.
The criminal complaint is the result of an investigation by the FBI’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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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Milla Gangsta Bloods Gang Member Pleads Guilty to Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Myers a/k/a Stretch, 26, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joel L. Violanti, who are handling the case, stated that the defendant has been in custody at the Niagara County Jail pending the resolution of two separate federal indictments. While at the Niagara County Jail, Myers met Individual 1, who was later released from custody at the jail. Beginning in January 2020, investigators learned that the defendant had been in communication with Individual 1, in an effort to obtain large amounts of narcotics for distribution in the Buffalo area. In jail calls, Myers agreed to pay Individual 1 $39,000 for a kilogram of heroin, as well as $3,000 to Individual 2 who would be driving the kilogram of heroin from North Carolina to Buffalo. On January 13, 2020, Individual 2 delivered the kilogram of heroin to Individual 3 for further distribution. After being told by Individual 3 that the narcotics received “mixed reviews,” Myers arranged for another kilogram of heroin to be sent from the Chula Vista, CA, area to a residence on Leonard Street in Buffalo.
In May 2020, Individual 1 discussed with Myers how business had slowed down during the COVID-19 pandemic. Subsequently, Individual 1 sent a quarter kilogram of cocaine to Individual 3 for distribution. On May 16, 2020, the DEA seized another package of suspected cocaine. On May 17 and 18, 2020, Myers discussed the seizure of the package with Individuals 1 and 3 in jail calls. In a follow-up call on May 30, 2020, the defendant and Individual 1 discussed providing another co-conspirator with narcotics. That same day, the DEA seized a package containing 3,000 pills of suspected fentanyl/Percocet. In a jail call on June 1, 2020, the defendant and Individual 1 discussed the lost package.
On June 4, 2020, a package was delivered to Individual 3, who then left his residence carrying a white plastic bag and drove away in his vehicle. Law enforcement officers attempted to conduct a vehicle stop, but Individual 3 sped away and engaged in a high-speed chase, eluding officers for approximately a mile on Route 33. As Individual 3 entered Route 33, he threw a plastic bag from his window. Individual 3 was arrested on state charges. After being released from custody, Individual 3 drove to the area of Route 33 where he discarded the plastic bag, however, the plastic bag was replaced by investigators with a “sham” package of narcotics. On July 14, 2020, Individual 3 was taken into custody on a federal arrest warrant. A search warrant was executed at his residence on East Lovejoy Street in Buffalo and on his car. Investigators recovered suspected cocaine, a scale, mixing bowl, bottles of cutting agents, gloves, plastic bags for packaging, and a hydraulic press.
Myers previously pleaded guilty to federal charges of conspiring to possess with intent to distribute, and distributing, controlled substances and 280 grams or more of crack cocaine, which carry a maximum penalty of life in prison.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for May 20, 2021, before Judge Geraci.
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Man Charged with COVID-Relief FraudRead the Press Release
A New York man was charged in a criminal complaint unsealed today for his alleged participation in a scheme to defraud multiple financial institutions by filing bank loan applications that fraudulently sought forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy for the Western District of New York, Special Agent in Charge Patricia Tarasca of the Federal Deposit Insurance Corporation – Office of Inspector General (FDIC-OIG), Special Agent in Charge William Kalb of the U.S. Treasury Inspector General for Tax Administration’s Office of Inspector General’s (TIGTA-OIG’s) North East Field Office, Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office, and Special Agent in Charge Amaleka McCall-Brathwaite of the SBA's Office of Inspector General (SBA-OIG), Eastern Region made the announcement.
Christian Johnson, 23, of Buffalo, was charged by criminal complaint filed in the Western District of New York with wire fraud, bank fraud, and false statements to a financial institution.
The complaint alleges that Johnson submitted multiple fraudulent PPP loan applications on behalf of a company called Million Man LLC (Million Man) to at least three financial institutions. The complaint alleges that these applications contained numerous false and misleading statements about Million Man’s business and operations, including the number of employees and average monthly payroll. The complaint further alleges that in support of the fraudulent loan applications, Johnson submitted falsified federal tax documents payroll records.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in additional funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses 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.
A federal criminal complaint is merely an allegation. A defendant is presumed innocent until proven guilty.
This case was investigated by the FDIC-OIG, TIGTA-OIG, FBI, and SBA-OIG. Trial Attorneys Joshua N. DeBold and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David J. Rudroff of the U.S. Attorney’s Office of the Western District of New York are prosecuting the case.
The Fraud Section leads the department’s prosecution of fraud schemes that exploit the PPP. In the nine months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $60 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/ppp-fraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Buffalo Man Charged with COVID Relief FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – A Buffalo, New York man was charged in a criminal complaint unsealed today for his alleged participation in a scheme to defraud multiple financial institutions by filing bank loan applications that fraudulently sought forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy, Jr. for the Western District of New York, Special Agent in Charge Patricia Tarasca of the Federal Deposit Insurance Corporation – Office of Inspector General (FDIC-OIG), Special Agent in Charge William Kalb of the U.S. Treasury Inspector General for Tax Administration’s Office of Inspector General’s (TIGTA-OIG’s) North East Field Office, Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office, and Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration’s Office of Inspector General (SBA-OIG), Eastern Region made the announcement.
Christian Johnson, 23, of Buffalo, was charged by criminal complaint with wire fraud, bank fraud, and false statements to a financial institution.
The complaint alleges that Johnson submitted multiple fraudulent PPP loan applications on behalf of a company called Million Man LLC (Million Man) to at least three financial institutions. The complaint alleges that these applications contained numerous false and misleading statements about Million Man’s business and operations, including the number of employees and average monthly payroll. The complaint further alleges that in support of the fraudulent loan applications, Johnson submitted falsified federal tax documents payroll records.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in additional funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses 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.
A federal criminal complaint is merely an allegation. A defendant is presumed innocent until proven guilty.
This case was investigated by the FDIC-OIG, TIGTA-OIG, FBI, and SBA-OIG. Trial Attorneys Joshua N. DeBold and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David J. Rudroff of the U.S. Attorney’s Office of the Western District of New York are prosecuting the case.
The Fraud Section leads the Department’s prosecution of fraud schemes that exploit the PPP. In the nine months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $60 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/ppp-fraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Brighton Man Convicted by Jury of Child Pornography Charges Going to Federal Prison for 6 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard Dzionara-Norsen, 29, of Brighton, NY, who was convicted by a federal jury of possession, receipt, and distribution of child pornography, was sentenced to serve 72 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Kyle P. Rossi and Meghan K. McGuire, who handled the case, stated that the defendant was apprehended by members of the FBI Child Exploitation Task Force after sharing a child pornography video with an undercover investigator over a peer to peer file sharing network. Subsequent investigation determined that Dzionara-Norsen had been receiving and distributing child pornography for a number of years. The images of child pornography depicted children as young as infants and also included depictions of violence against children.
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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Los Angeles Man Arrested, Charged with Defrauding Two Electronics BusinessesRead 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 Shola Yusuf Adediji a/k/a Michael Kopeck, 37, of Los Angeles, CA, with conspiracy to commit wire fraud, and wire fraud. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the indictment, between May and August 2019, the defendant conspired with others to defraud two electronics businesses (Business 1 and Business 2), one in Amherst, NY, and one in Fort Meyers, Florida, to obtain high-end electronic merchandise. Adediji and others posed as potential customers of the businesses and submitted fraudulent purchase orders. During the course of the scheme, Business 1 and Business 2 shipped merchandise to Adediji and others at various locations in the United States. The defendant used the fictitious name “Michael Kopeck” to rent a storage unit for the fraudulently obtained merchandise, which included 10 televisions 82-inch televisions.
The defendant will be arraigned today at 1:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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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West Seneca Man Arrested on Child Pornography Charges and Attempting to Destroy EvidenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Johnson, 33, of West Seneca, NY, was arrested and charged by complaint with possession of child pornography and destruction of evidence. The charges carry a maximum penalty of 40 years in prison and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, in September 2019, investigators discovered an IP address, traced to the defendant, requesting suspected child pornography files on a peer to peer sharing network. On December 2, 2019, the FBI obtained a search warrant for Johnson’s Angle Road residence. As investigators entered the residence, they heard loud noises coming from the second floor. They encountered the defendant standing in his bedroom with a laptop computer in his hands, smashing it against the wall trying to damage it. The laptop, which sustained serious damage, was sent to the FBI's Digital Forensics Analysis Unit Laboratory for repair. Approximately 80% of the data, which included numerous images and videos of child pornography, was recovered.
The defendant will make an initial appearance at 12:00 p.m. today before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Convicted Sex Offender from Elmira Going to Prison for 14 Years for Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Brian Thomas, 59 of Elmira, NY, who was convicted of possession of child pornography, was sentenced to serve 14 years in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. to possessing child pornography.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on March 29, 2020, the defendant distributed, to an undercover FBI Task Force Officer, child pornography depicting the sexual abuse of several prepubescent children. Using IP information, the FBI located Thomas and executed a search warrant at his residence. Digital storage devices, including a computer and thumb drive, were seized. A forensic examination determined that Thomas received and possessed child pornography on both devices.
The defendant is a registered sex offender following previous New York State convictions for child sexual abuse and child exploitation crimes. When interviewed by the FBI, Thomas admitted that during the 1980’s and 1990’s, he sexually abused approximately nine children between the ages of 4 and 10.
The sentencing 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, with assistance from the Elmira Police Department, under the direction of Chief Joseph Kane.
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