Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Sentenced to over 3 Years in Prison for Narcotics 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 Bryheem Edwards a/k/a Philly a/k/a Leroy, 30, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to serve 37 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between May 2018 and January 2019, the defendant conspired with co¬defendants, Otis L. Lyons a/k/a Cracks a/k/a “C” and Dalvin Brant a/k/a Turtle, to sell heroin, cocaine and fentanyl. On May 17, 2018, the Niagara County Drug Task Force conducted a controlled purchase of crack cocaine from co-defendant Otis Lyons. On May 31, 2018, the task force conducted another controlled purchase of crack cocaine, this time from the defendant. Edwards was arrested on October 23, 2018, after investigators observed him meeting with co-defendant Brant. At the time of arrest, investigators recovered a quantity of fentanyl.
Defendants Lyons and Brant were previously convicted and sentenced to time served and 15 months in prison, respectively.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Drug Task Force, under the direction of Sheriff Michael J. Filicetti.
# # # #
Puerto Rican Man and Buffalo Man Plead Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Harold Alexis Ortiz Cosme, 22, of Puerto Rico, and Luis G. Candelario, 26, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that on February 7, 2020, a federal search warrant was executed on a suspicious parcel in Puerto Rico addressed to “Harold Ortiz.” The package contained approximately one kilogram of cocaine, which was replaced with sham and sent on to its destination. On February 12, 2020, a controlled delivery of the package was conducted at a residence on Grant Street in Buffalo, which was rented by defendant Candelario in furtherance of the conspiracy. Candelario received the package, then got into a vehicle and took the package to defendant Cosme, who placed it in the trunk of his vehicle. Investigators conducted a traffic stop of both vehicles and recovered the parcel. A search of the Grant Street residence found the apartment devoid of any furniture, except for a chair located at a window with a clear view of the street and mailbox, indicating that the sole purpose of the apartment was to possess narcotics in furtherance of the conspiracy. The defendants were subsequently arrested.
The pleas are the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Defendants Cosme and Candelario will be sentenced on June 7 and June 9, 2021, respectively, both before Judge Sinatra.
# # # #
Maintenance Supervisor at State Facility in the Finger Lakes Pleads Guilty to Violating the Clean Air ActRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James S. Marshall, 68, of Farmington, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to negligent endangerment under the Clean Air Act. The charge carries a maximum penalty of one year in prison and a $125,000 fine.
“The very essence of the Clean Air Act is to protect people from dangerous, and potentially deadly, hazardous air pollutants,” stated U.S. Attorney Kennedy. “As maintenance supervisor for the property owner where work was being done, the defendant had an obligation to look out for the safety of the hired contractors. Unfortunately, his failure to do what he should have, put their health at risk.”
“Defendant Marshall’s negligence was not without consequence,” said Tyler Amon, Special Agent-in-Charge of the EPA's Criminal Investigation Division in New York. “Following his failure to properly identify regulated asbestos containing material, he continued to place workers at risk of being exposed to asbestos.”
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a Maintenance Supervisor with the Finger Lakes Office for People with Developmental Disabilities (OPWDD), Developmental Disabilities Services Office. As part of his duties, Marshall was involved in the cleanout of the Hillcrest Building, a building owned by OPWDD and located on E. Maple Avenue in Newark, NY. In November 2014, the OPWDD solicited public bids for the cleanout of the Hillcrest building, and in December 2014, a third-party contractor was awarded the contract. The defendant was not involved in the awarding of the bid, nor was Marshall involved with the approval of contract documents.
In April 2015, during the cleanout of the Hillcrest Building, asbestos was released into the ambient air, which negligently placed other individuals in imminent danger of death or serious bodily injury. On April 9, 2015, the defendant responded to the Hillcrest Building and told the workers that a licensed third-party testing company had conducted the sampling at the Hillcrest Building and that such sampling yielded negative results for asbestos. However, based on Marshall’s prior experience with the Hillcrest building, and other buildings on the Newark campus, he should have been aware of the possibility of asbestos-containing material throughout the Hillcrest building. Following the defendant’s conversation with the workers, some of the workers chose to continue to work in the building on April 9 and 10, 2015, and during such work, asbestos was released into the ambient air. Marshall failed to take any further measures to protect the health of the work crew.
The plea is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon. Additional assistance was also provided by the New York State Department of Labor, Asbestos Control Bureau.
Sentencing is scheduled for May 10, 2021, before Judge Siragusa.
# # # #
Rochester Man Going to Prison for 4 1/2 Years for Defrauding Holiday InnRead 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 Henry Williams, 55, of Rochester, NY, who was convicted of wire fraud, was sentenced to serve 55 months in prison by U.S. District Chief Judge Frank P. Geraci, Jr. He was also sentenced to serve 12 months in prison for violating the terms of supervised release imposed in connection with an earlier conviction for fraud, and pay restitution totaling $5,649.98.
Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant was on supervised release following a 2016 conviction for bank fraud in the Western District of New York, when he began working at the front desk of the Holiday Inn Rochester Downtown. In January 2020, Williams began using the hotel’s point of sale machine fraudulently to load and attempt to load hundreds of thousands of dollars onto credit/debit cards that he controlled. The defendant impersonated various hotel managers while making phone calls to the hotel’s card payment processor in furtherance of his scheme. Williams also attempted to cover his tracks and conceal his involvement in the fraud by impersonating a hotel employee and making false complaints of criminal activity by another hotel employee.
The defendant successfully stole approximately $4,871.58 in fraudulent funds. He also attempted over a period of time to obtain more than $840,000 in additional fraudulent funds.
The sentencing is the result of an investigation by Special Agents with the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the U.S. Probation Department, under the direction of Chief Probation Officer Timothy Englerth.
# # # #
Warsaw Couple Arrested on Methamphetamine 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 Michael Scott Bullers, 62, and Pearl Susan Mibbs, 54, both of Warsaw, NY, were arrested and charged by criminal complaint with conspiring and attempting to possess with intent to distribute 50 grams or more of methamphetamine. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that according to the complaint, on January 30, 2021, U.S. Postal Inspectors were alerted to a suspect parcel sent from Azusa, CA and addressed to defendant Bullers on Gouinlock Street in Warsaw. On February 2, 2021, a search warrant was executed on the package which contained approximately 85 grams of suspected crystal methamphetamine.
On February 1, 2021, defendant Mibbs filed an online customer complaint with the Postal Service for the delayed delivery of the subject parcel. The following day, an undercover investigator sent an email to Mibbs stating that the subject parcel was located in Rochester, NY, and would be available for pickup at the Warsaw Post Office. On February 3, at approximately 4:19 p.m., the defendants arrived at a gas station across the street from the Warsaw Post Office. While defendant Bullers went into the minimart, defendant Mibbs walked across the street to the post office. A few minutes later, Mibbs picked up the subject parcel, which was replaced with sham material, at the customer service counter and walked out of the Post Office. As Mibbs was taken into custody by investigators, Bullers, who was waiting across the street, attempted to drive away. He too was apprehended and taken into custody. Later that night, a search warrant was executed at the defendants’ residence in Warsaw. Investigators recovered several glass pipes, several tins containing small pieces of suspected crystal methamphetamine, and a digital scale. Investigators also found handwritten notes, including what appeared to be cryptocurrency passphrases.
The defendants made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and are being held pending detention hearings on February 8, 2021.
The complaint 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 Police, under the direction of Major James Hall; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Warsaw Police Department, under the direction of Chief Peter Hoffmeister. Additional assistance was provided by the New York National Guard Counter Drug Task Force.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Federal Grand Jury Indicts Two Brothers for Allegedly Defrauding the Payroll Protection ProgramRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Larry Jordan, 42, of Lancaster, NY, and Sutukh El a/k/a Curtis Jordan a/k/a Hugo Hurt, 38, of Buffalo, NY, with wire and bank fraud conspiracy, bank fraud, and engaging in monetary transactions with criminally derived property, for their alleged participation in a scheme to file fraudulent loan applications seeking nearly $7,000,000 in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
“These brothers allegedly stole more than $600,000 which was intended to assist businesses and employees that have been crippled by the pandemic,” noted U.S. Attorney Kennedy. “Their greed in the face of a national crisis has rightly landed them in federal court under indictment. We will investigate and charge anyone who seeks to use emergency federal aid as a way to try to get rich quick.”
The indictment and a previously filed complaint allege that Larry Jordan and Sutukh El conspired to submit at least eight fraudulent loan applications in an attempt to obtain nearly $7,000,000 for their company, 5 Stems Inc. In support of the fraudulent loan applications, Larry Jordan and Sutukh El allegedly made numerous false and misleading statements about the companies’ respective business operations and payroll expenses. In furtherance of their efforts, defendants communicated over text message about some of the fraudulent loan applications. After receiving confirmation that a loan application had been approved, defendant Sutukh El sent texts to Jordan stating: “We really bout to take over the world,” and “Wow, we like Fake Rich.” Jordan replied: “We don’t even have to start paying back for 2 years,” and “Or just show what they ask us to show.” Another text from Sutukh El stated: “We’ll be in the billions by then anyway,” and “But definitely show what needs to be shown and write that (expletive) off!” The indictment and complaint allege that the fraudulent loan applications were supported by fake documents, including falsified federal tax filings. For example, included in one application was a fraudulent IRS filing that appeared to be the company’s 2019 federal unemployment tax return (FUTA) showing that the company paid nearly $3,300,000 in employee wages that year. In reality, the IRS has no record of such a filing. Finally, the brothers are accused of using fraudulently obtained loan proceeds to pay personal expenses, including the purchase of securities, home improvements, and a vehicle. To date, the government has seized more than $400,000 of the more than $600,000 that Larry Jordan and Sutukh El actually obtained through their fraudulent scheme.
The defendants were arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and released on conditions.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
This case was investigated by the Federal Deposit Insurance Corporation’s Office of Inspector General, under the direction of Inspector General Jay N. Lerner, and Special Agent-in-Charge Patricia Tarasca, New York Region; the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General, under the direction of Inspector General Mark Bialek, and Acting Special Agent-in-Charge Stephen Donnelly, Eastern Region; the Federal Housing Finance Agency’s Office of the Inspector General, under the direction of Inspector General Laura S. Wertheimer, and Special Agent-in-Charge Robert Manchak, Northeast Region; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; and the Small Business Administration’s Office of Inspector General, under the direction of Special Agent-in-Charge Amaleka McCall-Brathwaite, Eastern Region. Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Kruly and Grace Carducci for the Western District of New York are prosecuting the case.
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 fact that a defendant has been charged with a crime is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
# # # #
Tonawanda Man Arrested on Child Pornography Charge After Hidden Camera DiscoveredRead 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 Andrew Vallone, 44, of Tonawanda, NY, was arrested and charged by criminal complaint with attempting to produce child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the criminal complaint, an individual contacted the Town of Tonawanda Police Department after discovering a video depicting a child (Victim) wearing only a pair of underwear on a desktop computer belonging to the defendant. On January 23, 2021, the Tonawanda Police contacted the FBI and further investigation determined that Vallone had secreted a camera in a location which allowed him surreptitiously to film the Victim. The MicroSD card recovered from that hidden camera contained numerous images which depicted the Victim in various states of undress. Additionally, on January 29, 2021, the New York State Police contacted investigators regarding an email that Vallone sent to a mental health counselor. In the email, the defendant stated that he liked to look at younger girls and “I need help.”
The defendant will make an initial appearance before U.S. Magistrate Judge Michael J. Roemer at 2:00 p.m. this afternoon.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Buffalo Man Arrested, Charged with Being A Felon in Possession of A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Kaylen Edwards, 22, of Buffalo, NY, was arrested and charged by complaint with being a felon in possession of a firearm. The charge carries carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on November 7, 2020, Cheektowaga Police Officers responded to Pinehurst Avenue, where a limousine bus party was being let out, following a report of disorderly persons. According to the complaint, earlier that day, the defendant was identified on social media flashing a black and silver handgun and wearing a distinct black and red jacket inside the limousine bus. A member of law enforcement sent a photo of the social media post to responding officers.
While on Pinehurst Avenue, officers observed Edwards getting into the front passenger seat of a vehicle with Georgia license plates and leave the area. The officers then observed the vehicle in violation of multiple vehicle and traffic infractions and conducted a traffic stop. The officers observed a marijuana cigar end in the center console area and immediately detected the odor of burnt marijuana emanating from the vehicle. Officers identified Edwards as the passenger. The defendant was detained. During a pat frisk, an officer felt and observed a handgun in Edwards’ side waist band. The handgun was loaded with a magazine containing seven .45 caliber rounds and one .45 caliber round in the chamber. In November 2017, the defendant was convicted of Attempted Criminal Possession of a Weapon in New York State Court, and as a result of that conviction, he is prohibited from legally possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on February 10, 2021.
The complaint is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Federal Grand Jury Charges Rochester Man with Sex Trafficking, Enticement, and Possession of Child Pornography in Superseding IndictmentRead 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 a superseding indictment charging Peter R. Kiwitt, 62, of Rochester, NY, with sex trafficking of a minor, sex trafficking by coercion, sexual enticement of a minor, and possession of child pornography. The superseding indictment also alleges that the defendant, as a registered sex offender, faces enhanced penalties in the event he is convicted of certain of the crimes with which he is charged. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, on December 10, 2018, the Monroe County Sheriff’s Office stopped a vehicle being driven by defendant. Also in the vehicle were two females, Adult Victim 1 (AV1) and Minor Victim 1 (MV1). The three were questioned regarding drug related activity but were released and eventually followed to a room at a motel in Penfield, NY. Officers went to the room and knocked on the door. Kiwitt indicated that he was dating AV1 but knew her to be a prostitute who belonged to another pimp known to law enforcement. He denied any involvement in prostitution at that time. Officers did not make any arrests at the time.
On January 23, 2019, Rochester Police Department officers responded to a residence in the City of Rochester for the report of a fatal overdose involving MV1. The owner of the apartment found MV1 deceased on his living room floor and called 911. He told officers he met MV1 through AV1, and that the night before, he brought MV1 back to his residence to engage in commercial sex acts with her.
Subsequent cell phone and Facebook searches uncovered conversations between the defendant, AV1, and MV1 regarding prostitution activities. Investigators also uncovered naked photos, some of which depicted child pornography.
In June 2017, Kiwitt was convicted in Monroe County, NY, of Possession of a Sexual Performance by a Child, and sentenced to serve 10 years’ probation, and designated as a Level 1 Sex Offender.
The defendant was arraigned before U.S. Magistrate Judge Mark W. Pedersen and was detained.
The superseding 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 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.
# # # #
Quebec Man Indicted by A Federal Grand Jury for Multi-Million Dollar Fraud Scheme Targeting Elderly VictimsRead 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 Martin Hogan, 52, of Montreal, Quebec, CA, with conspiracy to commit wire and mail fraud, wire fraud, mail fraud, and international money laundering conspiracy. The charges carry a maximum of 30 years in prison, and a $250,000 fine.
“We will not allow anyone, including foreign actors, illegally enrich themselves by preying on our elderly,” stated U.S. Attorney Kennedy. “Criminals who defraud and threaten U.S. citizens by phone will not escape justice by placing their calls from outside our country. As this case shows, we will find you, and we will bring you to justice.”
IRS-Criminal Investigation Special Agent in Charge Jonathan D. Larsen said, “Telemarketing schemes that attempt to take advantage of the elderly as evidenced in the indictment of Mr. Hogan are among the most reprehensible, and IRS Criminal Investigation remains committed to using the resources of our agents and financial expertise to bring these criminals to justice along with our law enforcement partners.”
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between September 2015 and March 2020, the defendant conspired with multiple co-defendants to defraud elderly victims using a fraudulent telemarketing scheme.
According to the indictment, Hogan would place telephone calls from Canada to victims in the United States and tell victims that they had won the Canadian lottery. However, before collecting their winnings, victims had to first pay the taxes, brokerage fee, and/or custom fees due in connection with the winnings. Victims were instructed by the defendant and others to pay these taxes, brokerage fees, and/or custom fees by wire transferring funds to a bank account in Rochester, NY, controlled by co-defendant Bernard Perkins, or by mailing funds to Perkins or addresses in the United States controlled by co-defendants Anthony Laughing, Jr., Cory LaPlant and others.
After receiving funds from victims, defendants Bernard Perkins, Anthony Laughing, Jr., and Cory LaPlant would keep a small portion of the funds and then pay co-defendants Devlin Laughing and Brenda Garrow to smuggle the remaining funds from the United States to the defendant Hogan in Canada.
As a result of this fraudulent telemarketing scheme, defendant Hogan and his co-defendants caused approximately 37 victims over the age of 55 to mail approximately 200 packages and wire transfer funds totaling approximately $2 million.
The defendant was extradited from Jamaica to the United States and was arraigned this morning before U.S. Magistrate Judge Mark W. Pedersen. Hogan is being held pending a detention hearing on March 1, 2021, at 10:00 a.m.
Defendants Bernard Perkins, Anthony Laughing, Jr., Devlin Laughing, and Cory LaPlant, were previously convicted and are awaiting sentencing. Defendant Brenda Garrow was previously convicted and sentenced to three years probation.
The indictment is the result of an investigation by Homeland Security Investigations, Border Enforcement Security Task Force, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office. The Justice Department’s Office of International Affairs provided substantial assistance in securing the defendant’s extradition from Jamaica.
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.
# # # #
Prior Felon Arrested After Gun and Ammunition Are Found in His ResidenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derrick A. Miller, 34, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, on August 20, 2020, the Buffalo Police Department and ATF executed a state search warrant at the defendant’s Deerfield Avenue residence. During the search, investigators recovered .22 caliber pistol loaded with 10 rounds of ammunition. In March 2008, Miller was convicted in Erie County Court of Criminal Possession of a Weapon and was sentenced to serve 42 months in prison. As a result, the defendant is legally prohibited from possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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.
# # # #
Convicted Predator Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Tracy, 50, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to receipt of child pornography by a person having a prior conviction for aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that between June 13 and August 18, 2018, the defendant received three images and 10 videos of a 15-year-old minor victim. Tracy solicited the minor victim, a relative, to produce some of the images via Facebook. In December 2018, the defendant told Homeland Security Investigation Special Agents that several years prior he had engaged in oral sexual contact with the 15-year-old-minor victim on at least three occasions.
Investigators conducted a forensic review of Tracy’s electronics and discovered 51 images of child pornography on Tracy’s LG cellular telephone. Some of the images included depictions of violence.
In February 1995, the defendant was convicted of Sexual Abuse in the First Degree, and in March 2001, he was convicted of Attempted Sexual Abuse in the First Degree. Both victims were under the age of 18.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major James Hall; and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
Sentencing will be scheduled at a later date.
# # # #
Former Amherst Pain Doctor Pleads Guilty to 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 Dr. Gautam Arora, 44, formerly of Buffalo, NY, pleaded guilty before U.S. District Lawrence J. Vilardo to unlawfully acquiring controlled prescriptions by misrepresentation and fraud, and scheming to defraud a health care benefit program. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between April 2013, and May 2017, the defendant, while working as the pain management doctor at the Hens Pain Center in Amherst, NY, prescribed opioids to multiple patients outside the usual course of professional practice and without a legitimate medical purpose. These opioids included hydrocodone, oxycodone, dextroamphetamine-amphetamine, and carisoprodol. Arora wrote approximately 61 prescriptions for controlled substances to individuals who were either not his patients, or without first conducting a proper examination, verifying their medical condition, and assessing the risk of abuse by the individual patient.
In addition, between January 1 and March 31, 2016, the defendant fraudulently billed Medicare for patient office visits totaling $92,209.50. Arora requested and received payment for medical services he did not perform or did not perform to the extent represented.
The plea is the result of an investigation by the Drug Enforcement Agency, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for June 18, 2021, at 9:30 a.m. before Judge Vilardo.
# # # #
Federal Grand Jury Indicts Cheektowaga Man on Charges of Receiving and Possessing Child Pornography, Growing Marijuana, and Illegally Possessing GunsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Stuart, 32, of Cheektowaga, NY, was arrested and charged by complaint with receipt and possession of child pornography, possession of a firearm by an unlawful user of a controlled substance, manufacturing of marijuana plants, and maintaining drug-involved premises. The charges carry a maximum penalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on October 19, 2020, members of the FBI Buffalo Child Exploitation Task Force, and the Cheektowaga Police Department executed a search warrant at a residence on Cleveland Drive in Cheektowaga, looking for evidence of the possession of child pornography. During the search, investigators seized two laptop computers, a cellphone, two hard drives, and a desktop computer tower from the residence. During the search, investigators also discovered a bedroom that was transformed into a marijuana growing operation. The room consisted of a tent housing approximately five mature marijuana plants, and four smaller plants, being grown hydroponically. Approximately one pound of dried marijuana ready for use, approximately six pounds of wet marijuana, and a quantity of psilocybin mushrooms were also seized. Three firearms, including one loaded with nine rounds of ammunition, were also found in the residence.
A preliminary examination of the cellphone recovered three videos of child pornography.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the 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.
# # # #
Rochester Woman Pleads Guilty to Production of Child Pornography Involving 8 and 5-Year-Old ChildrenRead 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 Rebecca Wilson, 31, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to two counts of production of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between June and August 2018, the defendant engaged in an ongoing pattern of sexual abuse, subjecting an eight-year-old to multiple instances of sexual acts, while producing multiple videos and images of those sexual acts. Between January and April 2020, Wilson engaged in another ongoing pattern of sexual abuse, subjecting a five-year-old to multiple instances of sexual acts, during which the defendant once again produced video and images.
Wilson made these videos and images at the request of James Oliver Young and transferred them to him via Facebook messenger. Charges remain pending against Young. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for June 14, 2021, at 3:00 p.m. before Chief Judge Geraci.
# # # #
Florida Man Sentenced for Threatening A VA EmployeeRead 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 F. Hanley, 49, of Clearwater, Florida, who was convicted of threatening a federal employee, was sentenced to serve three years probation, to include six months home detention, by U.S. Magistrate Judge Michael J. Roemer.
Assistant U.S. Attorney Douglas A. Penrose, who handled the case, stated that the defendant was formerly employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner. During his tenure at the VA, Hanley became acquainted with another VA employee (Victim), and the two had a history of contentious interactions. The defendant left a series of similar voicemails on the Victim’s phone between October 2018 and November 2019, in which he threatened to kill the Victim and the Victim’s family.
The sentencing is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.
# # # #
Armed Drug Trafficker and Prior Felon Going to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lorenzo Watson, 29, of Rochester, NY, who was convicted of possessing with intent to distribute cocaine, and possession of a firearm and ammunition by a felon, was sentenced to serve 67 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the Watson was arrested on September 26, 2019, after New York State Parole Officers went to his residence on Bauman Street in Rochester for a compliance check. Officers did not locate Watson at the residence; rather, they saw him walking on Bauman Street with his hands in his sweatshirt pockets. The officers approached Watson and searched him and found a pill bottle, which contained 40 small bags of a substance later identified as cocaine, and a handgun, in one of the sweatshirt pockets. The handgun, which had a defaced serial number, was loaded with eight rounds of ammunition. Officers also found $507.00 in United States currency in Watson’s pants pocket.
Watson was previously been convicted in Monroe County Court of felony drug and weapon possession crimes, and as a result of those convictions, he was legally prohibited from possessing a firearm.
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 New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; 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.
# # # #
Buffalo Woman Arrested on Fentanyl and Cocaine Charges in the Southern TierRead 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 Jade Hooks, 22, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute fentanyl and crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, on January 19, 2021, a Cattaraugus County Sheriff’s deputy observed a vehicle in the driveway of a residence on Erie Street in the Town of Little Valley that was known as a location used to distribute illicit narcotics. The deputy initiated surveillance of the vehicle and noticed that it was running and occupied. The deputy continued to surveil the vehicle after it left the Erie Street residence and traveled to a residence on Jefferson Street, which is also a known location utilized for the distribution of illicit narcotics. The deputy observed a female, later identified as the defendant, exit the vehicle carrying a black backpack-style bag. After getting out of the vehicle, Hooks walked to the trunk area and placed the bag into the trunk, and then re-entered the vehicle and left the residence. The deputy continued to surveil the vehicle and a short time later conducted a traffic stop of the vehicle, during which members of the Southern Tier Regional Drug Task Force arrived at the scene. An investigator noticed the odor of marijuana emanating from the vehicle. Hooks and two passengers were then removed from the vehicle and the vehicle was searched. Investigators recovered a digital scale containing suspected drug residue, approximately 40 grams of suspected crack cocaine, a large quantity of United States currency, and approximately 206 grams of suspected fentanyl, which was located in the black backpack in the trunk.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on January 27, 2021.
The complaint is the result of an investigation by the Cattaraugus County Sheriff’s Office and the Southern Tier Regional Drug Task Force, under the direction of Sheriff Timothy Whitcomb, 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.
# # # #
Jamestown Man Going to Prison for Illegally Possessing A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ingvue Buchanan, 57, Jamestown, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced, by Chief U.S. District Judge Frank P. Geraci, Jr., to serve 36 months in prison.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in June 2016, law enforcement officers interviewed the defendant regarding his knowledge of 97 firearms that had been stolen, between May and June of 2016, from three federal firearms licensees in Pennsylvania. During the interview, Buchanan consented to a search of his vehicle, which he stated he had recently purchased from an individual by the name of Ben McCormack. During the search, officers recovered of a box containing 20 rounds of .44 caliber ammunition. The defendant was on New York State parole at the time following a manslaughter conviction in January 2011, and as a result of that conviction, he was prohibited from possessing any ammunition.
The following day, Buchanan was interviewed by his parole officer and stated that he had two firearms in his residence. The parole officer located one of the firearms, a rifle, but could not locate the other, a handgun. Subsequent investigation determined that the rifle was previously reported stolen from GNR Sporting Goods, in Mansfield, Pennsylvania. The defendant also told the parole officer that he helped facilitate meetings between Ben McCormack and individuals located in the Western District of New York for the purposes of selling stolen firearms from Pennsylvania. In addition, he admitted that 15 of the stolen firearms that were intended for distribution at a future date were hidden in the garage of a person known to the defendant.
Ben McCormack was previously convicted in the Middle District of Pennsylvania and sentenced to serve 121 months in prison.
The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. Devito, Special-Agent-in-Charge, New York Field Division.
# # # #
Buffalo Man Going to Prison for Lying on the Stand While Testifying About A Murder in A Federal TrialRead 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 Jonathan Singletary a/k/a Freeze, 38, of Buffalo, NY, who was convicted of obstructing an official proceeding, was sentenced to serve 62 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Justin G. Bish, Charles J. Volkert, Jr., Meghan A. Tokash, and Nicholas T. Cooper, who handled the case, stated that in January 2010, the defendant informed his New York State parole officer that he had information concerning the murder of Jabril Harper, which occurred on December 16, 2009, and the robbery of Morris Singer, which occurred on January 4, 2010.
On January 11, 2010, Singletary provided a signed, sworn statement to the Buffalo Police Department. In his statement, defendant said that Rodshaun Black came to his house on December 23, 2009, and told him that he and Ernest Green had robbed and killed Jabril Harper in Roosevelt Park. Singletary also told the detectives that Black admitted that Harper’s murder was part of a $10,000 contract killing. The defendant shared these details once again on December 6, 2011, while testifying before a federal grand jury.
On October 25, 2017, representatives of the United States Attorney’s Office and the FBI met with Singletary to prepare Singletary for testimony in the trial of Rodshaun Green and Ernest Black. Singletary expressed reluctance to testify and did not want to read his prior 2010 Buffalo Police statement or his 2011 grand jury testimony, so and Assistant U.S. Attorney read it to Singletary who agreed that both his prior statement and grand jury testimony were true and accurate.
On November 29, 2017, representatives of the United States Attorney’s Office and the FBI again met with the defendant prior to his trial testimony scheduled for that day. Singletary again expressed reluctance to testify, but agreed to do so. The defendant told the government representatives that he had a problem testifying in front of Rodshaun Black’s mother because he had known her for a long time. Singletary then again refused to review both his 2011 grand jury and his 2010 statement to the Buffalo Police but stated that he was not worried because everything he had said previously was true.
On November 29, 2017, the prosecution called Singletary as a witness in United States v. Rodshaun Black and Ernest Green, et al., an official criminal trial proceeding in United States District Court for the Western District of New York. The defendant was sworn and then testified falsely and evasively. Specifically, Singletary: denied ever speaking to Rodshaun Black about the Jabril Harper murder; denied knowing Rodshaun Black’s mother; denied discussing his relationship with Rodshaun Black’s mother with an FBI agent and an AUSA earlier that day in preparation for his trial testimony; denied that he learned about Jabril Harper’s murder directly from Rodshaun Black; and testified that his prior statement to the Buffalo Police Department consisted of information he was told to say by the detectives who interviewed him.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
# # # #
Bath Man Arrested for Trafficking in 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 Jeffrey Clark, 34, of Bath, NY, was arrested and charged by criminal complaint with receiving and distributing child pornography. The charge carries a minimum penalty of five years imprisonment a maximum of 20 years, and a fine up to $250,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, in September 2020, an undercover law enforcement officer in Rochester, NY, received video files of suspected child pornography, including a file named “6Yo Babyj - Bedtime Rape.” In November 2020, undercover law enforcement officers in Rochester, Buffalo, North Dakota, and Texas, also received video files of suspected child pornography. Subsequent investigation traced the files to the defendant’s residence in Bath, NY. A search warrant was executed at the residence on January 13, 2021, during which investigators seized multiple digital devices, including Clark’s cell phone.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was detained.
The criminal complaint is the result of an investigation by Special Agents of the Federal Bureau of Investigation, acting 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.
# # # #
Buffalo Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ronnie Charleston, 37, Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to possessing with intent to distribute cocaine, and being a felon in possession of ammunition. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Laura A. Higgins and Richard Antoine, who are handling the case, stated that on six separate occasions between December 2019 and January 2020, the defendant purchased approximately 49 grams of cocaine from co-defendant Saan Thompson. On August 5, 2020, investigators executed a search warrant at Charleston’s Lisbon Avenue residence and seized approximately 1,500 rounds of assorted ammunition, three firearm magazines, $5,000 U.S. currency, approximately 12 grams of cocaine, and three digital scales. In 2006, the defendant was convicted in state court of Criminal Possession of a Loaded Firearm – Third Degree and is legally prohibited from possessing ammunition.
Saan Thompson was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing will be scheduled at a later date.
# # # #
Ontario County Woman Going to Prison for Stealing Hundreds of Thousands of Dollars from Her EmployerRead 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 Karen Owens, 55, of Phelps, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. Owens was also ordered to pay $607,672.71 in restitution.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. As such, Owens had authority to write and issue checks from FLC's bank account in order to pay legitimate business expenses to FLC's vendors and creditors. The defendant also had an obligation to record the details of each check she wrote and issued on behalf of FLC timely and accurately - including check date, check number, and payee - in FLC's QuickBooks accounting records.
Between June 2, 2011, and August 24, 2017, the defendant wrote and issued approximately 394 checks payable to herself from FLC's account. Owens deposited the checks into an account which she owned and over which she had control. In addition, between August 30, 2010, and August 24, 2017, the defendant wrote and issued approximately 162 checks payable to J.P. Morgan Chase Bank from FLC's bank account as payments on Chase Bank credit card accounts belonging to the defendant and her husband. In order to conceal some of the fraudulent and unauthorized checks, Owens failed accurately to record the checks in FLC's QuickBooks accounting record; instead, she falsely recorded the checks as payment for legitimate business expenses.
Owens wrote checks totaling more than $750,000.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #
Buffalo Man Who Sold Heroin and Fentanyl to an Undercover Officer Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julian Beavers a/k/a Ock a/k/a Marcel Ceasar a/k/a BJ, 34, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possessing with intent to distribute and distributing heroin and furanyl fentanyl. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that an investigation by the Drug Enforcement Administration and the Cheektowaga Police Department determined that the defendant was a heroin and fentanyl distributor with a large customer base in the Buffalo area. On November 21, 2017, Beavers sold 20 wax envelopes containing suspected heroin to an undercover law enforcement officer. Subsequent testing determined that the envelopes contained heroin and furanyl fentanyl. On November 28, 2017, Beavers again sold 20 envelopes to an undercover law enforcement officer. Laboratory analysis confirmed the substance contained fentanyl.
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, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
Sentencing will be scheduled at a later date.
# # # #
Arizona Man 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 Jair Abraham Gil Valdez, 29, Tuscon, Arizona, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute and distributing cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between June and August 8, 2019, the defendant conspired with Ruben Moran Bustamante, Guillermo Garcia, and others, to sell cocaine. On August 7, 2019, Valdez traveled to Rochester, NY, and met Bustamante and Garcia at a hotel. The defendant had with him cocaine intended for distribution. The next day, on August 8, 2019, Bustamante and Garcia obtained five kilograms of cocaine from Valdez. The cocaine was seized from Bustamante’s vehicle after he was pulled over driving to Buffalo. After the seizure, Valdez was located at the hotel in Rochester. Investigators seized three phones from the defendant. A search of the phones revealed photos of what appeared to be kilograms of cocaine on a scale, bulk quantities of U.S. currency, and firearms.
Charges remain pending against co-defendants Bustamante and Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for July 16, 2021, at 11:00 a.m. before Judge Vilardo.
# # # #
Spencerport Man Pleads Guilty to Child Pornography Charge After Attempting to Have Sex with A 13-Year-OldRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Greco, 25 of Spencerport, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to attempted receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in January 2020, the defendant engaged in online conversations with an individual who Greco believed was a mother engaged in the prostitution of her 13-year-old daughter. In fact, the “mother” was an undercover New York State Police (NYSP) investigator. Between January 2 and January 7, 2020, the defendant exchanged text messages and phone calls with the investigator, during which Greco agreed to pay $100 in order to have sex with the 13-year- old child.
On January 7, 2020, the defendant traveled to a pre-arranged destination, expecting to meet the child for sex. Instead, Greco was taken into custody by the NYSP and Homeland Security Investigations. The defendant was in possession of $100, which was the price he negotiated to have sex with the child, as well as condoms and candy for the child. A subsequent search of his cell phone revealed that Greco attempted to receive child pornography via the Internet.
The plea is the result of an investigation by the NYSP Troop E Major Crimes Unit, Canandaigua, under the direction of Major Barry Chase, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for April 13, 2021, at 9:15 a.m. before Judge Siragusa.
# # # #
Former Border Patrol Agent Charged with Damaging Government PropertyRead 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 Eduardo Flores, Jr., 50, of Amherst, NY, was charged by criminal complaint with depredation of government property. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, shortly before his retirement from the Border Patrol in August 2020, the defendant entered a co-worker’s cubicle space at the Border Patrol Station in Tonawanda, NY, and began to spray and pour a substance throughout the cubicle. As a result, the Customs and Border Protection Office of Professional Responsibility initiated an investigation into Flores’s activities, which included a physical inspection of the cubicle. Over a week after the incident, the cubicle continued to emanate a pungent odor resembling the smell of urine. In order to restore the cubicle to the condition it was in prior to Flores’s actions, Border Patrol hired and paid a cleaning company over $400 to clean the cubicle and its contents.
Flores is scheduled to make an initial appearance on January 19, 2021, before U.S. Magistrate Judge Jeremiah J. McCarthy.
The criminal complaint is the result of an investigation by the Customs and Border Protection, Office of Professional Responsibility, under the direction of Special Agent-in-Charge Vance Kuhner.
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.
# # # #
Canadian Man Arrested at the Peace Bridge with over One-Half Ton of Suspected MarijuanaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Xiao Liu, 27, a resident of Canada, was arrested and charged by criminal complaint with possessing with intent to distribute 100 kilograms or more of marijuana, and importation of marijuana into the United States. The charges carry a maximum penalty of 40 years in prison.
Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that according to the complaint, on January 10, 2021, a Customs and Border Protection Officer encountered the defendant in the commercial truck processing lane at the Peace Bridge Port of Entry. Liu was driving a commercial truck bearing Ontario license plates and stated that he was hauling a shipment of wax. The officer asked the defendant to open the sleeper cab curtain, which he did, but only partially. Unable to see inside, the officer again asked Liu to open the curtain and back up a few feet so he could see into the sleeper cab. Liu complied and the officer observed black bags filling the sleeper cab from the floor to the ceiling. When questioned, the defendant stated that the bags belonged to a friend and he was taking them to Buffalo. Liu was referred to X-ray inspection for further processing.
A scan of the tractor trailer revealed a large anomaly in the bunk area of the tractor. An officer then physically inspected the tractor cab. Upon entering the cab, the officer immediately detected a smell consistent with marijuana, and observed hockey bags stacked from the floor to the ceiling in the bunk area of the tractor cab. The officer opened one bag and noticed multiple vacuum sealed bags of a green leafy substance, suspected to be marijuana. Liu was taken into custody at that time. CBO officers then offloaded a total of 30 hockey bags which included 1,139 vacuum sealed bags of suspected marijuana weighing approximately 1,281 pounds.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Buffalo Man 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 Saan Thompson, 41 a/k/a Duke, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, 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 Laura A. Higgins and Richard Antoine, who are handling the case, stated that between July 2019, and January 10, 2020, the defendant conspired with others to sell cocaine. Thompson utilized a residence at 189 May Street in Buffalo to store and distribute bulk quantities of cocaine and crack cocaine base to other individuals, including co-defendants, Louis Gilbert, Antoine Gilbert, and Ronnie Charleston. The defendant also stored proceeds of his drug trafficking activities at his Shirley Avenue residence in Buffalo.
On August 5, 2020, a search warrant was executed at the defendant’s residence. Investigators seized $28,355 in cash, approximately 234 grams of marijuana, and a digital scale. That same day, investigators also executed a search warrant at 189 May Street and seized 1,000 grams of cocaine, five bags of crack cocaine, two additional bags of cocaine, a digital scale, packaging and drug-processing materials.
Charges remain pending against Louis Gilbert, Antoine Gilbert, and Ronnie Charleston. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing will be scheduled at a later date.
# # # #
Statement of U.S. Attorney KennedyRead the Press Release
“Since late Wednesday, my Office has been working around the clock with both the Buffalo and Washington Field Offices of the Federal Bureau of Investigation, to pursue all leads, to gather evidence, and to bring to justice those who committed crimes at the Capitol Building in Washington, DC. Any suggestion, direct or implied, that there is undue delay, a political purpose, or race-based reason why charges have not yet been filed against any Western New York resident is incorrect, unfounded, and frankly, offensive. I think most people recognize the danger inherent in advocating for a criminal justice system that is more concerned with getting things done quickly than getting them done correctly. As U.S. Attorney, I have refused—and will continue to refuse—to succumb to political pressure or to serve any factional interest. My job is to do my best to get things right and to see to it that the law and justice are the only interests served by me and those who work so hard in this Office.”
Statement of U.S. Attorney James P. Kennedy, Jr.Read the Press Release
“We have received a number of leads and tips regarding yesterday’s events at the Capitol Building. Working with our law enforcement partners, we are actively investigating the information we have obtained. Should we determine that there is a legal nexus between the crimes committed at the Capitol and our jurisdiction, we will not hesitate to charge those responsible. Violence is never an acceptable means of protest. We are one Nation, and as such, the unity which comes from a shared respect for both the rule of law and one another represents our only hope for lasting solutions to the challenges we face. Escalating hostility and violence diminishes us all.”
# # # #
Buffalo Man Arrested After Cocaine and A Loaded Weapon Were Found in His ResidenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Adrian Funderburk, 37, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking crimes. The charges carry a maximum penalty of 25 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the complaint, on January 6, 2021, the Buffalo Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, executed a state search warrant at the defendant’s residence on Wecker Street in Buffalo. During the search, investigators recovered a loaded .40 caliber pistol, approximately one ounce of suspected cocaine, a quantity of suspected marijuana, and approximately $81,000 in cash. Funderburk was taken into custody during the execution of the search warrant.
The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Rochester Woman Pleads Guilty to Defrauding Credit UnionRead 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 Trisha Cassidy, 55, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on February 20, 2018, the defendant opened a checking account at a branch of Summit Federal Credit Union located within the Western District of New York. Between February 20 and March 30, 2018, Cassidy executed a scheme attempting fraudulently to obtain money from the credit union. The defendant presented checks for deposit into her account that she knew had been altered without the payer's knowledge or permission. Alterations to checks included changes to the payee’s name and the dollar amount of checks. During the course of the scheme, Cassidy attempted to obtain a total of $154,756.05 in funds, with the credit union suffering a loss of $45,367.50.
The plea is the result of an investigation by the U.S. Department of Treasury, Office of Inspector General, under the direction of Assistant Inspector General for Investigations Sally Luttrell.
Sentencing is scheduled for April 13, 2021, before Judge Larimer.
# # # #
Bath Man Arrested, Charged with Receipt and Distribution of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Augrom, III, 34, of Bath, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a minimum penalty of five years in prison, a maximum 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 criminal complaint, in July 2020 an undercover law enforcement officer was investigating individuals who use Peer to Peer file sharing applications to share child pornography over the internet. During the undercover session, the officer downloaded numerous pictures and videos of child pornography that traced back to an IP address belonging to the defendant. Some of the images and videos included children younger than 12 years old engaged in sexual conduct with adults, as well as depictions of violence. On December 10, 2020, investigators executed a search warrant at Augrom’s William Street residence and seized a cellular telephone. The SD card from the phone contained approximately 250 video and image files depicting child pornography. The defendant is a Level III register sex offender on the New York State Sex Offender Registry, following two prior New York State child pornography convictions.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Mark J. Pedersen and is being held pending a detention hearing scheduled for January 11, 2021.
The criminal 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 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.
# # # #
Former Postal Worker Pleads Guilty to Failing to Deliver over 700 Pieces of Mail Which Included Three Absentee BallotsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Wilson, 27, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to delay or destruction of U.S. Mail. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on November 3, 2020, Customs and Border Protection (CBP) Officers encountered the defendant, an employee of the United States Postal Service (USPS) at the time, at the Peace Bridge Port of Entry. In the trunk of Wilson’s vehicle, officers found 701 mailings, and a USPS employee uniform and employee identification badge. The mailings included three (3) official absentee ballots mailed from the Board of Elections to voters, 218 first class mailings, 106 political mailings, 36 regular nonprofit mailings, 305 regular standard mailings, and 33 magazine/catalogue mailings. The mailings were destined for addresses located in the following zip codes: 14227, 14211, 14214, with a majority destined for 14215. The cancellation dates on the first class mailings were between September 16 and October 26, 2020.
When asked by officers about the mailings in his trunk, the defendant initially stated they belonged to him and his mother. When confronted with the destination names and addresses, Wilson admitted that he was a USPS postal carrier who kept custody of the mailings after failing to complete his delivery route.
The 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 Customs and Border Protection, under the direction of Director of Field Operations, Rose Brophy.
Sentencing is scheduled for May 6, 2021, at 2:00 p.m. before Magistrate Judge McCarthy.
# # # #
Rochester Man Pleads Guilty to Armed Robbery of Cell Phone StoreRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Troy L. McCullough, a/k/a Trey, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to Hobbs Act robbery and brandishing and carrying a firearm during a crime of violence. The charges carry a mandatory minimum penalty of seven years in prison and a maximum of life.
Assistant U.S. Robert A. Marangola, who is handling the case, stated that on December 3, 2019, the defendant and co-defendants James A. Houston, a/k/a Hood, and Raekwon D. Fuqua, and others, robbed the AT&T store at gunpoint on E. Ridge Road in the Town of Irondequoit. McCullough entered the store wearing a mask and gloves, brandished and pointed a firearm at a store employee while ordering him to open the safe, held the employee at gunpoint while he and defendant Fuqua removed 32 cellular phones from the store safe, and took them out of the store. The cellular telephones were valued at over $32,344. McCullough was arrested shortly after the robbery at a residence on Champlain Street in Rochester, where the stolen phones were recovered.
Defendants Fuqua and Houston were previously convicted of Hobbs Act robbery and are awaiting sentencing.
The plea is the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the Irondequoit Police Department, under the direction of Chief Alan Laird.
Sentencing is scheduled for March 23, 2020, at 9:15 a.m. before Judge Siragusa.
# # # #
Fredonia Man Pleads Guilty to Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Gates, Jr, 47, of Fredonia, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possessing with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison and a maximum of 40 years in prison.
Assistant U.S. Attorneys Seth T. Molisani and Charles E. Watkins, who are handling the case, stated that in April 2015, the Southern Tier Regional Drug Task Force and the Drug Enforcement Administration began investigating the drug trafficking activities of the defendant in Chautauqua County, NY. During the investigation, investigators made three controlled purchases of narcotics from Gates. Investigators also executed a search warrant at the defendant’s Brigham Road apartment in Fredonia and recovered illegal narcotics and items commonly used in drug distribution.
The plea is the result of an investigation by the Southern Tier Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for March 25, 2021, before Judge Sinatra.
# # # #
Federal Grand Jury Indicts Batavia Man Found with Thousands of Images and Videos of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Matthew Barber, 52, of Batavia, NY, with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 40 years.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and a previously filed complaint, in April 2007, the defendant was sentenced to serve 74 months in federal prison and five years supervised release after being convicted of possession of child pornography. On July 5, 2017, the defendant's term of supervised release was revoked after he was unsuccessfully discharged from a sex offender treatment program. Barber was re-sentenced to six months in federal prison followed by five years of supervised release. The defendant was also under the supervision of the New York State Division of Parole for a prior sex offense conviction.
On May 20, 2020, New York State Parole notified United States Probation that Barber was terminated from his employment after a company representative observed him insert flash drives into a workplace computer, which he was not authorized to access. As a condition of his parole, the defendant was to notify New York State Parole if he was terminated from his employment. That same day, United States Probation and New York State Parole searched Barber’s residence and seized a cellular phone and a flash drive. A search of the flash drive recovered over 1,100 images and over 40 videos of child pornography. Several hundred images and over 200 videos of child pornography were also found on the cellular telephone.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and 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; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the Batavia Police Department, under the direction of Chief Shawn Heubusch.
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.
# # # #
Former New York State Corrections Officer Going to Prison for Five Years on Child Pornography ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Chojnacki, 27, of Cheektowaga, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant, a New York State Corrections Officer.
On May 9, 2019, a federal search warrant was executed at Chojnacki’s Louis Street residence. Investigators seized various computers, electronic devices, and electronic media. A total of approximately 3,814 images and 138 videos of child pornography were discovered on the defendant's electronic devices. Some of the images depicted prepubescent minors less than 12 years old, as well as sexual abuse or exploitation of an infant or toddler.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
# # # #
Former Clarence Center Soccer Trainer Going to Prison Following Child Pornography ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shelby Garigen, 42, of Clarence Center, NY, who was convicted of access with intent to view child pornography, was sentenced to serve 37 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Charles M. Kruly and Aaron J. Mango, who handled the case, stated that between November 2018 and February 2019, the defendant communicated with two minors (Victim 1 and Victim 2) using the Snapchat application. During Garigen’s communications with Victim 1, she received and viewed approximately three sexually explicit images of Victim 1. During the defendant’s communications with Victim 2, she received and viewed approximately 10 sexually explicit images of Victim 2. Garigen knew that both victims were minors.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
# # # #
Felon Pleads Guilty to Possessing A Firearm and AmmunitionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Javarus Payne, 34, of Rochester, NY, pleaded guilty today before U.S. District Judge David G. Larimer to being a felon in possession of a firearm and ammunition, which carries a maximum penalty of 10 years in prison, and a fine of $250,000 or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that the defendant was arrested on August 29, 2020, after officers from the Rochester Police Department and troopers from the New York State Police stopped a car defendant was driving on East Main Street in Rochester for committing several traffic infractions. As officers spoke with Payne, they smelled alcohol coming from inside the car, and also noticed a black semiautomatic handgun on the driver’s floor. The officers seized the loaded handgun, which had been reported stolen in Pennsylvania.
Payne was convicted in federal court in February 2012 of possessing a firearm in furtherance of a drug trafficking crime, and was under the supervision of the United States Probation Department at the time of this arrest. As a result, he is legally prohibited from possessing firearms and ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the New York State Police, under the direction of Major Barry Chase; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for March 23, 2021, at 2:00 p.m. before Judge Larimer.
# # # #
Buffalo Man Pleads Guilty to Assaulting A Federal Officer During May Civil Unrest in BuffaloRead 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 Keyondre Robinson, 18, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to assaulting, resisting, or impeding certain officers. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
“With this plea, the defendant becomes the second individual to be convicted in the District in connection with the violent protests which were held here in late-May,” stated U.S. Attorney Kennedy. “In pleading guilty, defendant acknowledged that his behavior was not constitutionally protected expression but criminal conduct. Lawlessness, violence, and property damage are inherently unjust and antithetical to the objectives of those well-intentioned individuals who come together seeking positive change in our community.”
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on May 30, 2020, thousands of protesters gathered outside of Niagara Square in Buffalo, adjacent to the Robert H. Jackson United States District Courthouse for the Western District of New York, following the death of George Floyd. As some of the protesters became aggressive and violent, law enforcement officers, including officers from the United States Marshals Service, the Department of Homeland Security, the Federal Protective Service, and the Buffalo Police Department, were deployed and tasked with protecting the Jackson Courthouse. The officers formed a perimeter around the Courthouse steps to protect the building from property damage and to prevent protesters from entering the Courthouse. The officers did not engage with the protesters except to keep them from entering or approaching the Courthouse. During the protests, the defendant, Keyondre Robinson, threw a water bottle at a Deputy United States Marshal which struck the Deputy in the face.
The plea is the result of an investigation by the United States Marshal’s Service, under the direction of United States Marshal Charles Salina; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Protective Service, under the direction of Craig Madey; and Buffalo Police Department and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for May 5, 2021, at 9:00 a.m. before Judge Vilardo.
# # # #
Sinclairville Woman Sentenced on Drug Conspiracy 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 Tracy Griffin, 38, of Sinclairville, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, acetyl fentanyl, fentanyl, and crack cocaine, was sentenced to time served and two years supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that in January 2019, the defendant and co-defendant Brandon Blackshear conspired to sell acetyl fentanyl, fentanyl, and crack cocaine. On January 2 and January 22, 2019, members of the Southern Tier Regional Drug Task Force conducted controlled purchases of crack cocaine from Griffin and Blackshear.
Brandon Blackshear was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
# # # #
Queens Man Going to Prison for Assaulting A Federal OfficerRead 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 Adriano Roberto Nunez, 28, of Queens, NY, who was convicted of assaulting a federal officer and causing bodily injury, was sentenced to serve eight months in prison and eight months home confinement U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that on June 3, 2019, the defendant was among passengers on a bus traveling from Canada into the United States at the Peace Bridge Port of Entry. Nunez and other passengers exited the bus at a Customs and Border Patrol checkpoint in the United States for re-entry into the United States.
During a search of the defendant's belongings, a CBP officer found a bag containing gummy candies that gave off an odor consistent with marijuana. While one CBP officer performed a field test for the presence of THC, another officer asked Nunez to place his phone and passport on the table. The defendant placed his passport on the table, however, he did not place his phone on the table, instead Nunez manipulated the phone with his hands. As the CBP officer attempted to retrieve the phone from the defendant, the defendant resisted. After the officer successfully gained possession of the phone, Nunez fled into another area of the building, with officers chasing after him. The defendant fled to an area with no exit, and which point officers caught up with him. Nunez pushed and kicked at least one officer.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
# # # #
Niagara Falls Man Going to Prison for 8 Years for Unlawfully Possessing FirearmsRead 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 Tywon Stephenson, 31, of Niagara Falls, NY, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 98 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on April 24, 2017, law enforcement officers executed a state search warrant on the defendant and his residence on 17th Street in Niagara Falls. Officers had obtained video footage that was recorded in the stairway next to Stephenson’s residence showing the defendant holding a shotgun and a handgun on two separate occasions. During the execution of the search warrant, officers found the shotgun loaded with six 12-gauge shotgun shells, and the handgun. Officers also recovered a scale and a bag of marijuana.
The sentencing is the result of an investigation by the Niagara Falls Police Department, under the direction of Acting Superintendent John Faso, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
# # # #
West Seneca Man Arrested After Investigators Seize Suspect Heroin or Fentanyl from His ResidenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Prewitt, 51, of West Seneca, NY, was arrested and charged by criminal complaint with possession with the intent to distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that according to the complaint, on December 16, 2020, law enforcement officers executed a federal search warrant at the defendant’s Slade Avenue residence in West Seneca. During that search, officers seized approximately 1332 grams of suspected heroin or fentanyl, two mechanical presses, commonly used to shape narcotics into bricks, packaging materials, two digital scales, and approximately $18,000 in cash.
In 2003, Prewitt was convicted in federal court of being a felon-in-possession of a firearm and sentenced to serve 37 months in prison.
The defendant made an initial appearance before U.S. District Judge H. Kenneth Schroeder, Jr. and was detained.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Rochester Man Pleads Guilty to Sex Trafficking MinorsRead 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 Marcus Brown, 25, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to two counts of sex trafficking of minors. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorneys Melissa Marangola and Meghan McGuire, who handled the case, stated that in 2015, the defendant ran a sex trafficking operation with co-defendant, Ray Davis. Brown and Davis preyed upon and exploited teenagers who were homeless and vulnerable, coercing them to engage in commercial sex acts. Davis and Brown worked together to take sexually explicit photos of the minor victims and post them on Backpage.com, an online classified advertisement website that was previously shut down by the Department of Justice.
Defendant Davis was convicted by a federal jury and sentenced to serve 25 years in prison. Brown is scheduled to be sentenced on January 20, 2021, at 10:00 a.m. before Judge Siragusa.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #
Rochester Felon Sentenced for Possessing A GunRead 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 Freddy Moore, 31, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 66 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that the defendant was arrested on August 28, 2019, after New York State Parole officers searched his residence on Central Park in Rochester. During that search, officers found a loaded semiautomatic pistol as well as quantities of fentanyl and cocaine.
Moore was previously convicted in August of 2009 in Monroe County Court of Robbery in the First Degree and sentenced to serve eight years in prison. In October 2014, the defendant was convicted in Erie County Court of Attempted Assault in the Second Degree and sentenced to serve up to three years in prison. As a result of his prior convictions, Moore was legally prohibited from possessing a firearm and ammunition.
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; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
# # # #
Ontario Company Pleads Guilty to Dumping Waste Water into Lake Ontario Violating the Clean Water ActRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that the Algoma Central Corporation, headquartered in St. Catharines, Ontario, Canada, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to a negligent violation of the Clean Water Act and will face a significant fine.
“The Great Lakes represent one of the most valuable resources in our region,” noted U.S. Attorney Kennedy. “This Office and our law enforcement officers will not hesitate to act to protect our natural resources and our environment from those who harm them.”
Assistant U.S. Attorney Aaron J. Mango and Trial Attorney Patrick Duggan of the Department of Justice Environmental Crimes Section, who are handling the case, the case, stated that the Algoma Central Corporation operated a fleet of dry and liquid bulk carriers operating on the Great Lakes. One of the vessels in the defendant’s fleet was the M/V Algoma Strongfield (Strongfield). Built in China, the Strongfield was delivered to Canada on May 30, 2017, by a crew from Redwise Maritime Services, B.V. (Redwise), a vessel transport company based in the Netherlands.
During the Strongfield’s delivery voyage, while manned by a Redwise crew, the oily water separator and oil content monitor malfunctioned or failed on multiple occasions, which resulted in an accumulation of unprocessed oily bilge water. On May 5, 2017, an Algoma employee directed Redwise to transfer and store the unprocessed oily bilge water in the Strongfield’s used wash water tank to avoid an overboard discharge of unprocessed bilge water into the Pacific Ocean. The wash water tank was intended to hold deck and cargo hold wash water and is not listed on the Strongfield’s International Oil Pollution Prevention certificate. Between May 5, 2017, and the Strongfield’s arrival in Canada, the Redwise crew made several additional transfers of unprocessed oily bilge waste into the wash water tank to avoid overboard discharges of untreated bilge water.
On May 19, 2017, as the Strongfield was transiting the Panama Canal, an Algoma employee boarded the vessel until the vessel’s arrival in Canada, where he assumed the duties of Chief Engineer. On May 30, 2017, the Strongfield arrived in Sept-Iles, Quebec, Canada, at which time the Redwise crew handed over operation of the vessel to an Algoma crew. Although some of the Algoma crew were advised that the wash water tank contained unprocessed oily bilge water, Algoma acted negligently in failing to inform all onboarding Algoma crewmembers and the inspectors of the contents of the wash water tank.
On June 6, 2017, the Stongfield was transiting Lake Ontario. While in the waters of the United States within the Western District of New York, the 3rd Officer on board the Strongfield requested permission to empty the contents of the wash water tank into Lake Ontario, and the Captain approved the discharge. Because Algoma had negligently failed to inform the 3rd Officer and the Captain what the wash water tank contained, approximately 11,887 gallons of unprocessed oily bilge water were released into Lake Ontario. The discharge was stopped when another Algoma employee learned of the discharge and informed the 3rd Officer and Captain that the wash water tank contained unprocessed oily bilge water and instructed them to stop the discharge immediately. Following the discharge on June 6, 2017, Algoma contacted Canadian and United States authorities to report the discharge.
The plea is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Resident Agent-in-Charge Cindy C. Buckley, Buffalo, NY, and Resident Agent-in-Charge Edward L. Songer, Detroit, MI.
Sentencing is scheduled for April 14, 2021, before Judge Schroeder.
# # # #
Grand Jury Indicts Kenmore Man on Multiple Charges of Production, Receipt and Possession of Child Pornography, and Sexual Enticement of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 13-count indictment charging David Rubel, 38, of Kenmore, NY, with production, receipt, and possession of child pornography, sexual enticement of a minor, and transfer of obscene material to a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment and a previously filed complaint, a parent filed a report with the Town of Tonawanda Police Department, alleging that the defendant had been texting his daughter, who recently turned 16 years-old (Victim), and that some of the texts he observed were sexual in nature. The parent observed inappropriate images on his daughter’s cell phone within a text thread between the Victim and Rubel.
With the consent of the Victim’s father, a Town of Tonawanda Detective searched the cell phone and observed the text messages, some of which included sexual images. Investigators also searched the defendant’s cell phone and recovered sexual images, including two videos, that were also found on the Victim’s cell phone, within the string of text messages between Ruble and the Victim.
The defendant will be arraigned on the indictment on December 23, 2020, at 10:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The indictment is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger, 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.
# # # #