Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Woman Sentenced for Conspiring with A Former Local Doctor to Illegally Distribute Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Laura Ricotta, 29, of Buffalo, who was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone, hydrocodone, and amphetamine, was sentenced to time served (approximately 15 months) by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Timothy C. Lynch and Joshua Violanti, who handled the case, stated that between April 2015 and February 2018, the defendant conspired with co-defendant Dr. James T. Keefe, and others to sell oxycodone, hydrocodone, and amphetamine, all Schedule II controlled substances. Ricotta met Dr. Keefe, who was a New York State licensed physician and a DEA Registrant authorized to issue prescriptions for Schedule II and Schedule IV controlled substances, through her boyfriend, co-defendant Benjamin Rivera. The defendant has known Dr. Keefe for nearly five years and during this time, Dr. Keefe was active user of cocaine, Adderall, and prescription opiates. In April 2015, Dr. Keefe reached out and asked Ricotta to allow him to issue prescriptions in her name and the defendant agreed.
Between April 20, 2015, and February 20, 2018, Ricotta was issued 15 prescriptions in her own name by Dr. Keefe for Schedule II and Schedule IV controlled substances. The defendant also used the names and personal information of six relatives and associates to receive 26 fraudulent prescriptions. Neither Ricotta nor any of her relatives or associates were patients of Dr. Keefe, and none of the relatives and associates knew their information was being used.
Co-defendants Dr. Keefe and Rivera were previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
# # # #
Rochester Man Pleads Guilty to Rioting for His Role in Violence Associated with Civil UnrestRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Javon Hardy, 24, of Buffalo, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to rioting. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
“Javon Hardy is the first of 16 defendants charged in connection with violence which occurred during protests held across our District earlier this year to be convicted,” stated U.S. Attorney Kennedy. “By his plea, the defendant has admitted 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. The defendant, and those like him, who engage in these sorts of criminal acts contribute only to our crime rate and add nothing in terms of meaningful growth or progress in our community.”
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that on May 30, 2020, in the City of Rochester, the defendant, along with numerous other individuals, participated in a public protest near the Public Safety Building located at 185 Exchange Street. At various times during the protest, the gathering turned violent, resulting in significant property damage and looting.
During the course of his rioting, Hardy approached a mobile office trailer located at the corner of Court Street and Exchange Boulevard. The trailer was rented by the Penn Lyon Homes Company headquartered in the state of Wisconsin, from ModSpace, a company located in Syracuse, NY. After walking up the stairs to the trailer, the defendant threw a flammable liquid inside the trailer and started a fire. Hardy exclaimed “Let that (expletive) burn,” and “If it’s not on fire, I didn’t do my job.” The burning of the trailer and defendant’s statements were captured on Facebook Live, which streamed the burning of the trailer on the internet. Hardy also posted his own statement on Facebook Live, admitting to being at the protests in downtown Rochester. He was wearing the same clothing as he wore when he started the fire at the mobile office trailer. The mobile office trailer was completely destroyed by fire.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Eric Laughton; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; and the Rochester Fire Department, under the direction of Fire Chief Willie Jackson.
Sentencing is scheduled for March 15, 2021, at 9:15 a.m. before Judge Siragusa.
# # # #
Rochester Man Pleads Guilty for His Role in Pawn Shop ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Wade Shadders, 23, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to transport stolen goods in interstate commerce. The charge carries a maximum penalty of five years in prison, a fine of $250,000.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that between October 2018 and November 2019, the defendant was an employee at Royal Crown Pawn & Jewelry on Dewey Avenue in Rochester, which is owned by co-defendant Devin Tribunella. As part of the conspiracy, Tribunella and Shadders engaged persons they knew were shoplifting (commonly referred to as “boosters”). They routinely advised the boosters what goods to steal from retail stores located in the Rochester area, including Home Depot, Lowes, Target, Walmart, and Wegmans. Once the items were stolen, the boosters would sell the stolen, new in-box items to Tribunella and Shadders at the Royal Crown pawn shop, for a fraction of retail value. Tribunella and Shadders then listed the stolen goods for sale on eBay using accounts registered to or controlled by Tribunella. The goods were advertised as “New” or “New-In-Box” and priced below retail value, but well in excess of the money Tribunella and Shadders had paid to the boosters for the stolen goods. Throughout Shadder’s involvement in the conspiracy, Tribunella and Shadders purchased millions of dollars’ worth of stolen goods from boosters, knowing such goods had in fact been stolen. Between April and November 2019, the two defendants sold and shipped approximately $1,561,000 worth of those stolen goods to buyers located outside of the State of New York.
Shadders and Tribunella were arrested in November 2019 for their role in the conspiracy. Charges remain pending against defendant Tribunella. 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 Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for March 22, 2021, before Judge Siragusa.
# # # #
Rochester Man Indicted by A Federal Grand Jury for Robbing the Chase Bank on East Ridge RoadRead 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 returned an indictment charging Eric Fountain, 32, of Rochester, NY, with bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the indictment and a previously filed complaint, on March 3, 2016, at approximately 2:30 p.m., the entered the Chase Bank on East Ridge Road in Rochester, wearing a black or dark-colored hooded sweatshirt with the hood up, a black baseball hat, blue jeans, tan boots, dark-colored gloves, and a black mask covering his nose and mouth. He approached a teller station and stated, “I want it all in the bag, no GPS, no (inaudible).” The defendant then placed a white plastic bag on the counter. The teller proceeded to place cash from the teller drawer into the bag, at which point defendant took the bag and fled the bank on foot.
An off-duty Rochester Police Department Investigator, who happened to be conducting personal business at the Chase Bank, told investigators that he was sitting in a cubicle in the bank when he heard a muffled voice demanding money from a teller. The RPD Investigator did not intercede because he didn’t know if Fountain was armed. At that time, he told a bank employee to call 911 as he believed the bank was being robbed. After the defendant left the bank, the RPD Investigator chased Fountain through the parking lot of the bank. The chase continued to a fence which the defendant climbed over. The RPD Investigator saw the driver’s side door of a black Ford Mustang close, and the vehicle quickly drove off spinning its tires and driving recklessly. At that time, the RPD Investigator observed the New York license plate of the vehicle. A records check determined that the vehicle was registered to Fountain’s brother. A short time later, investigators located the vehicle in a pharmacy parking lot but not the defendant. Images of Fountain were released to local media outlets in an effort to obtain information. Later that evening, a tip was received identifying the defendant as the individual who robbed the Chase Bank.
On March 7, 2016, a search warrant was executed on the Ford Mustang. Inside, investigators found a black hooded sweatshirt, a black jacket with a zipper on the left side of the chest, a black baseball hat, and a white dust mask with black electrical tape covering the outside, which were consistent with the clothing and mask worn by Fountain during the bank robbery on March 3, 2016. Several rounds of ammunition, both in the trunk of the car and in the passenger compartment, were also found in the vehicle. Subsequent DNA testing on the items recovered from the vehicle matched the defendant’s DNA.
Fountain is currently on federal probation for a drug and gun conviction.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia.
The 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 Going to Prison for 16 Years for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean R. Sullivan, 50, of Rochester, NY, who was convicted of production of child pornography, was sentenced to serve 192 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between 2005 and 2009, the defendant produced several images of Minor Victim 1 (MV1) sleeping in a bed. MV1 was approximately five years old in 2005. The images show Sullivan performing a sexual act on MV1 while she slept. In addition, between 2009 and 2014, Sullivan hid surveillance cameras in MV1’s bedroom. Using those cameras, defendant produced several images of MV1 in various stages of undress which constitute child pornography. MV1 also produced images of MV1 engaging in a sexual act with Minor Victim 2 (MV2), another individual under the age of 18.
The sentencing is the result of an investigation led by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #
Rochester Man Going to Prison for 14 Years for Sex Trafficking Minors for MoneyRead 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 Quondall Davis, 26, of Rochester, NY, who was convicted of sex trafficking of a minor, was sentenced to serve 168 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between April 2017 and July 2018, the defendant, a/k/a Hotdog, recruited Minor Victim 1 and Minor Victim 2 to engage in commercial sex acts. Davis posted ads on “Cityxguide.com,” to entice customers to engage in commercial sex acts with the minor victims. Cityxguide.com is a website providing classified advertising across the United States and internationally. Minor Victim 1 and
Minor Victim 2 each engaged in commercial sex acts and gave a portion of the profits to the defendant. Davis knew that both victims were under the age of 18.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #
Leader of Rochester Area Drug Trafficking Ring Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andres Escalera, 29, of Phelps, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to attempted possession with intent to distribute five kilograms or more of cocaine. The charge carries a minimum penalty of 10 years in prison, a maximum penalty of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendant was a leader in a drug trafficking organization that distributed large quantities of cocaine, heroin, and fentanyl throughout the Western District of New York. Escalera was arrested on June 2, 2020, after attempting to purchase six kilograms of cocaine in Ontario County, and was found to be in possession of over $200,000 in cash. Simultaneously, a search warrant was executed at the defendant’s residence where law enforcement officers recovered quantities of cocaine, heroin and fentanyl, as well as drug packaging paraphernalia and cash. As part of his guilty plea, Escalera will forfeit over $574,000 in seized United States currency and a Mercedes Benz automobile.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson; and the Geneva Police Department, under the direction of Chief Michael J. Passalacqua.
Sentencing is scheduled for March 5, 2021, at 11:00 a.m. before Judge Geraci.
# # # #
CBL/BFL Member Going to Prison for Violent AssaultRead 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 Kareem Pryor, 30, of Buffalo, who was convicted of assault with a dangerous weapon in aid of racketeering, and possession with intent to distribute methamphetamine, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, who handled the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
On June 19, 2019, Pryor met up with Victim 1 on Genesee Street in Cheektowaga, while a co-defendant waited down the street. The co-defendant accused Victim 1 of killing a CBL/BFL member. The defendant and co-defendant then began punching Victim 1 and stomping Victim 1’s upper body and head onto the pavement. Pryor and the co-defendant then ran away. As a result of the assault, Victim 1 was treated at a hospital for a fractured shoulder bone and concussion. On September 12, 2019, the defendant possessed over 20 grams of methamphetamine pills in his apartment with the intent to distribute them.
Pryor is one of 16 members and associates of the CBL/BFL Gang charged in this investigation. He is the 14th to be sentenced.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; 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 Lackawanna Police Department, under the direction of Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
# # # #
Buffalo Man Who Took Part in Drug-Related Murder Going to Prison for 20 Years for Drug TraffickingRead 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 Taire Chaney, 28, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute cocaine and crack cocaine, was sentenced to serve 20 years in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between 2008 and March 9, 2012, the defendant conspired with co-conspirator Tyshawn Bradley and others to sell cocaine and crack cocaine in and around the Perry Housing Projects in the City of Buffalo. The defendant admitted that Brad Daniels was murdered in 2012 as a result of this conspiracy.
Specifically, the evidence developed in the investigation revealed that in the summer of 2010, Chaney and Bradley perceived that a rival drug dealer was encroaching on their territory as the rival began selling crack cocaine in the Perry Projects. Bradley confronted that rival over territorial dispute. On July 29, 2010, an associate of Bradley was shot and killed on Perry Street, and Bradley believed that the death was the result of the feud with the rival drug dealer. In the following months, Chaney, Bradley, and another co-conspirator followed and shot at the rival drug dealer. On February 29, 2012, they saw the rival drug dealer riding in a Cadillac Escalade, which was driven by Brad Daniels. Chaney, Bradley and the co-conspirator followed the Escalade as it dropped off the rival drug dealer and continued driving. After the Escalade stopped on Bardol Street in Buffalo, Chaney, Bradley and the co-conspirator approached the car. Chaney shot a .45 caliber handgun multiple times through the driver’s side of the Escalade, while Bradley shot a .45 caliber handgun multiple times through the rear and passenger side of the Escalade. The co-conspirator discharged a 9mm semi-automatic handgun through the rear of the Escalade. Daniels, who was driving the Escalade, suffered three gunshot wounds, and died. The investigation determined that one of the shots fired by Chaney resulted in Daniels death.
Chaney was previously convicted of manslaughter in the death of Anthony Pitts in New York State Court in 2012 and sentenced to serve 25 years in prison. He will serve his federal sentence following the completion of his state sentence. Tyshawn Bradley was previously convicted and sentenced to serve 30 years in prison.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
# # # #
Lockport Man Going to Prison for Possessing Cocaine with the Intent to Distribute ItRead 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 Gilberto Marchese, 38 of Lockport, NY, who was convicted of possessing with intent to distribute cocaine, was sentenced to serve 46 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Justin G. Bish, who handled the case, stated that, between December of 2015 and March of 2019, the defendant unlawfully possessed with intent to distribute cocaine. In addition, on March 27, 2019, law enforcement officers conducted a search warrant at Marchese’s residence on Grand Street in Lockport and recovered approximately 29 grams of cocaine, a grinder with suspected marijuana residue, and two digital scales.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael Filicetti; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
# # # #
Federal Grand Jury Indicts Two Buffalo Men on Cocaine Conspiracy ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Juan Padua, 33, and Michael Vasquez, 24, both of Buffalo, NY, with narcotics conspiracy and attempting to possess with intent to distribute 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 40 years.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the indictment and a previously filed complaint, the U.S. Postal Inspection Service (USPIS) intercepted a U.S. Postal Service Priority Express Mail parcel shipped from Puerto Rico and addressed to an apartment in which defendant Padua resided. The box was turned over the Buffalo Office of the Drug Enforcement Administration.
On July 22, 2020, investigators executed a federal search warrant on the box, which contained toys, coloring books, paper plates, napkins, and a Nickelodeon slime box. The slime box, which was wrapped in red wrapping paper with multi-colored stars and Spanish writing, contained a large, white, brick-like substance that was comprised of a loosely packed white powder. Field tests indicated the presence of both cocaine and fentanyl.
On July 23, 2020, a transmitting device was installed in the parcel and a controlled delivery was conducted. A short time later, investigators received a tone indicating that the parcel was opened. Investigators then executed a search warrant at the apartment in which Padua resided. The parcel was found in the rafters in the attic. Additional search efforts led to the recovery of the USPIS transmitting device, which was broken and recovered from the roof top of the rear porch at the premises. The defendants were taken into custody.
The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendant Padua was detained; defendant Vasquez was released on conditions.
The indictment 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, 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.
# # # #
Michigan Man Sentenced for His Role in Scheme That Defrauded Victims Out of Millions of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Leonard Smith, 56, of Clawson, Michigan, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Douglas A. Penrose, who handled the case, stated that between May 2010 and July 2015, the defendant conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Smith, who was a financial advisor, solicited investments from his clients at two companies—i2i Capital LLC and i2i Settlement Partners LLC. The companies, which were formed by co-conspirators Christopher Dillon and Gilbert Lynagh, were incorporated in Delaware but listed a business address in Lancaster, NY.
Smith, Dillon, Lynagh, and other members of the conspiracy, caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Smith also misrepresented his compensation regarding the victims’ investments in the companies. The majority of victim funds were utilized by Smith, Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Smith, Dillon, and Lynagh.
Gilbert Lynagh and Christopher Dillon were previously convicted for their roles in the conspiracy.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #
Buffalo Woman Pleads Guilty to Defrauding Hurricane VictimsRead 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 Keonna Davis, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud and aggravated identity theft. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that between September and December 2017, the defendant worked as a disaster recovery specialist for the United States Small Business Administration (SBA). The SBA provides low-interest disaster relief loans to help businesses and homeowners recover from federally declared disasters. In her role as a disaster recovery specialist, Davis spoke directly with loan applicants who, in the course of applying for a disaster relief loan, provided the defendant with their name, social security number, date of birth, and other personal identifying information. Davis also had access to an SBA database of loan applications that contained the personal identifying information of disaster relief loan applicants.
On August 28, 2017, in the aftermath of Hurricane Harvey, a victim, identified as G.O., applied for a disaster relief loan from the SBA. On January 21, 2018, the defendant used G.O.’s personal identifying information to apply for a $4,900 loan from MyPetFunding, LLC to lease a French bulldog. Davis scanned a copy of a driver’s license containing victim G.O.’s information, replacing G.O.’s picture with her own picture. The defendant executed similar schemes against more than 10 victims who applied for disaster relief loans from the SBA. The total loss was $285,430.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.
Sentencing is scheduled for April 19, 2021, at 12:30 p.m. before Judge Arcara.# # # #
Buffalo Man Serving State Murder Sentence Receives an Additional Term in Federal Prison as A Result of Federal Conviction on 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 Gregory Ramos a/k/a Prospect, 29, of Buffalo, NY, who was convicted following a jury trial of possessing with intent to distribute cocaine, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm by a person subject of a domestic violence order of protection, was sentenced to serve 101 months in prison by U.S. District Judge Lawrence J. Vilardo. Ramos’s sentence was imposed to run consecutive to a previously imposed indeterminate sentence of 20 years to life that he received in New York State Court following his convictions for second-degree murder and criminal possession of a weapon for his role in the Anchor Bar shooting death of Freddie Dizon and for the strangulation of a former girlfriend.
Assistant U.S. Attorneys Joshua A. Violanti and Laura A. Higgins, who handled the prosecution of the case, stated that Ramos was a member of the FEB Gang which has a history of drug trafficking, firearms possession and violent crime. On May 21, 2016, Buffalo Police received a complaint involving a domestic dispute on Fargo Avenue between a woman and the defendant. An investigation determined that Ramos assaulted the woman, causing abrasions and bruising, and threatened her life. At the time of the domestic assault, Buffalo Police were looking for the defendant in connection with the fatal shooting at the Anchor Bar Restaurant, which occurred the previous day.
On May 23, 2016, Niagara Falls Police Officers spotted defendant’s car on Pine Avenue and attempted to stop the vehicle. As officers approached, the defendant sped away. A high-speed chase ensued during which Ramos threw bags of cocaine and a gun from his car window. The cocaine struck the windshield of the officers’ car on Hyde Park Avenue, while the gun struck and shattered the rear window of another driver’s vehicle.
The chase, which involved multiple Niagara Falls Police vehicles, proceeded onto Grand Island, where a toll collector at the Grand Island Bridge reported that the defendant’s vehicle was traveling approximately 100 miles per hour as it went through the tollbooths. Once on Grand Island, Ramos abandoned his vehicle on Stony Point Road and fled into a wooded area. A few minutes later, the Erie County Sheriff’s Department received a call from an individual who identified himself as Gregory Ramos. The caller claimed his vehicle had been stolen in Niagara Falls by an unknown black male. The defendant Ramos was apprehended a short time later in a wooded area on the Island and taken into custody. At the time, Ramos was in possession of $3,640 in cash.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Niagara Falls Police Department, under the direction of Acting Superintendent John Faso; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
# # # #
Two Jamestown Women Arrested on Methamphetamine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antasia Babcock, 27, and Celeste Carr, 34, both of Jamestown, NY, were charged in separate criminal complaints with possessing with intent to distribute methamphetamine and maintaining a premises for drug use and distribution. Defendant Carr is also charged with possessing with intent to distribute heroin. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the criminal complaints, on October 16, 2020, the Jamestown Metro Drug Task Force executed a New York State search warrant at Babcock’s Wescott Street residence. During that search, law enforcement officers seized one pound of suspected methamphetamine hydrochloride, drug paraphernalia, and approximately $62,000 in cash. That same day, the task force executed another New York State search warrant at defendant Carr’s residence, which was also located on Wescott Street in Jamestown. During that search, law enforcement officers recovered approximately 15 ounces of suspected methamphetamine hydrochloride, approximately 3 ounces of suspected fentanyl, packaging material, a digital scale, and a drug ledger.
The complaints are the result of an investigation by the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Pittsford Psychiatrist Going to Federal Prison for Bilking Hundreds of Thousands of Dollars from Health Care Benefit ProgramsRead 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 Muhammad Cheema, MD, 47, of Pittsford, NY, who was convicted of health care fraud, was sentenced to serve 18 months in prison by U.S. District Judge Charles J. Siragusa. The defendant was also to pay restitution totaling $813,495.48 to the victim health care benefit programs that he defrauded.
Assistant U.S. Attorney John J. Field, who handled the case, stated that between 2013 and 2017, Dr. Cheema submitted approximately 5,000 false claims for psychotherapy services that he did not render. Based on these false claims, the defendant obtained payments totaling approximately $218,368 from health care benefit programs, including those operated by Excellus, MPV and others. In addition, from time to time, in response to audits and otherwise, Cheema created false medical records in an effort to substantiate his fraudulent billings and conceal his scheme.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and investigators from the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Linda Lacewell.
# # # #
Federal Grand Jury Indicts Rochester Music Teacher on 74 Counts, Including 61 Counts of Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 74-count indictment charging Philip M. Close, 42, of Rochester, NY, with 61 counts of production of child pornography, and 13 counts of possession of material containing child pornography involving prepubescent minors. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant owns the Close School of Music on West Ridge Road in the Town of Parma, which offers private music lessons to children and adults of all ages. Close has been teaching music lessons throughout New York State for over 20 years.
According to the indictment and a previously filed complaint, on December 5, 2019, the Monroe County Sheriff’s Office received information from a mother with two children taking lessons at the Close School of Music, that a video camera was attached to the toilet in the bathroom. The parent indicated that earlier that day, while waiting for her child to finish her music lesson, she used the bathroom. While in the bathroom, the mother observed a small black camera lens facing towards the toilet seat, and a small metallic-looking piece hanging from a wire off of the toilet. The mother grabbed and pulled the wires and found a camera-device and wires taped to the bottom of the toilet with black electrical tape. After finding this camera device, she removed it from the bottom of the toilet, and proceeded to contact 911.
A Monroe County Sheriff’s deputy reported to the Close School of Music and spoke with the defendant who acknowledged that the device was his. Close was taken into custody.
On December 6, 2019, a search warrant was executed at the music school and multiple digital computing devices were seized, including a laptop computer. A preliminary review of the laptop located three videos of the child whose parent alerted the Sheriff’s Department. One of the videos included the child using the toilet. Another video shows the child laying down on a piano bench and Close’s leg. The defendant is seen moving the child’s shirt up to expose her stomach and touching her stomach. Close then begins to touch other parts of the child’s body. The child is seen sliding under the piano in what appears to be an attempt to prevent the defendant from touching any further.
Further investigation revealed that the defendant produced videos containing child pornography including a total of 61 minor victims.
Close will be arraigned on December 14, 2020, at 9:30 a.m. before U.S. Magistrate Judge Mark W. Pedersen.
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; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
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 Going to Prison for Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Miller, 30, of Buffalo, NY, who was convicted of conspiring to distribute, and distribution of, controlled substances, was sentenced to serve 60 months in prison by U.S. District Judge Richard. J. Arcara.
Assistant U.S. Attorneys Joseph M. Tripi and Meghan E. Leydecker, who handled the case, stated that between March 2016 and September 25, 2018, the defendant sold cocaine, crack cocaine, marijuana, and heroin in the City of Buffalo and surrounding suburbs. During that time, Miller utilized residences at 45 Easton Avenue and 507 E. Ferry Street in Buffalo to store and distribute the drugs. Also, during the same time period, the defendant possessed various firearms, including semi-automatic pistols he posed with online using social media.
On March 31, 2016, New York State parole officers conducted a search at Miller's parole residence after receiving evidence that the defendant violated his curfew. During the search, parole officers located and seized three digital scales with residue; two bags of ammunition; a quantity of crack cocaine; and a cell phone. Buffalo Police were called and Miller was arrested.
On September 25, 2018, the ATF and Buffalo Police Department executed federal search warrants at 45 Easton Avenue, and on a vehicle used by the defendant. As investigators prepared to enter the residence, they observed an object that was thrown from an upper window at the rear of the house. The object thrown from the window was loaded revolver. During a search of the upper apartment, three vials of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales were seized. The clothing Miller was wearing in the August 17, 2018, social media video depicting him with a firearm was also located inside the apartment. In addition, a scale and a loaded semi-automatic firearm were found in the basement.
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
# # # #
Penfield Man Pleads Guilty to Bilking Investors Out of Hundreds of Thousands of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian L. Schumacher, 55, of Penfield, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that, according to a previously-filed criminal complaint and the defendant’s plea agreement, between April and December of 2016, the defendant conspired with others to defraud two investors out of hundreds of thousands of dollars. The actions of Schumacher and others led investors, located in Massachusetts and California, to wire significant amounts of funding to Schumacher’s company, Integra Diamonds, located in Rochester, NY, to enable Integra Diamonds to purchase diamonds in Africa.
The Massachusetts victim (Victim 1) was contacted by a co-conspirator of the defendant, who initially indicated that an investment of $100,000.00 would yield a minimum profit of $60,000.00 in one year. Skeptical because of the generous return that was promised, Victim 1 sought assurances that he was not the initial or sole investor in Integra Diamonds. Subsequently, Victim 1 received documents that falsely suggested that Integra Diamonds had other investors, and which also falsely claimed that Integra Diamonds had agreements with a logistics vendor and U.S.-based diamond purchasers. On June 16, 2016, Victim 1 wire transferred $100,000.00 from his bank account to an account in the name of Integra Diamonds. During the course of the conspiracy, $30,000 was returned to Victim 1, but not the remaining $70,000 of his initial investment nor any of the promised return. $44,000 of Victim 1’s funds were attempted to be wired to Schumacher while he was in Sierra Leone to purchase diamonds. When that wire was unsuccessful, $44,500 was returned to a co-conspirator’s personal bank account.
Victim 2, a resident of California, also invested $100,000.00 in Integra Diamonds, after receiving a promise for a significant return. On December 2, 2016, Victim 2 wire transferred $100,000.00 from his bank account to an Integra Diamonds bank account. Schumacher then withdrew $90,000 in cash from Victim 2’s investment, which he spent on expenses associated with another trip to Sierra Leone to purchase diamonds. Schumacher used Victim 2’s money to purchase, among other things, 1,211.85 carats of industrial diamonds for $30,296.25. Schumacher then resold those diamonds to a U.S. diamond broker for $11,514, none of which was returned to Victim 2. Over the course of the next year, Victim 2 made multiple requests for status updates and for return of his fund. Schumacher provided a number of excuses for the failure of Victim 2's investment, including that the diamond purchase was simply taking longer than expected and that the original diamond purchase fell through. Victim 2 was also informed that Schumacher was trying to secure another deal. Ultimately, Integra Diamonds did not repay Victim 2 any portion of the $100,000 loan principle, or any interest.
The plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.
Sentencing is scheduled for March 24, 2021, before Judge Skretny.
# # # #
Jamestown Man Arrested While on New York State Parole Going to Prison Following Crack Cocaine ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Earl Stone Jr. a/k/a Ooh Wop, 28, of Jamestown, NY, who was convicted of possession with intent to distribute crack cocaine, was sentenced by U.S. District Judge Richard J. Arcara to serve 32 months in prison.
Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that the defendant was arrested, with another absconding parolee, Shaquelle Coleman, on January 23, 2019, for violating terms of parole. Stone and Coleman were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. Stone had what appeared to be floor insulation from the attic of the residence all over his clothing. During a search of the residence, suspected crack cocaine was located in the attic. A digital scale with white residue and three cellular telephones were also seized. A review of the three cellular telephones recovered several text messages coordinating the sale of narcotics.
Shaquelle Coleman was previously convicted and is scheduled to be sentenced on January 21, 2021.The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Jamestown Police Department, under the direction of Chief Timothy Jackson; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; and the New York State Police, under the direction Major James Hall.
# # # #
Buffalo Public School Teacher Faces up to Life in Prison After Pleading Guilty to Selling Marijuana and Possessing Firearms in Furtherance of His Drug Trafficking ActivitiesRead 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 Masecchia, 54, of Williamsville, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute marijuana, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that since at least 1999 through his arrest on August 23, 2019, the defendant was involved in the sale of marijuana in the Buffalo and its surrounding suburbs. Masecchia and others also participated in marijuana grow operations in Ellicottville and Franklinville, in Cattaraugus County, NY. The marijuana grown at those operations was harvested and distributed to resellers and users. In addition, the defendant possessed firearms to protect himself, his proceeds, and property where he stored marijuana and currency.
As part of his written plea agreement, Masecchia admitted that he received sensitive law enforcement information from his co-defendant Joseph Bongiovanni, who worked as a Special Agent of the United States Drug Enforcement Administration in Buffalo. The information Masecchia received included the names of potential cooperators and whether or not the defendant and others were under federal investigation, and such information helped Masecchia and others to continue selling marijuana undetected by other members of law enforcement.
On August 23, 2019, a search warrant was executed at the defendant’s Main Street residence. During that search, investigators from Homeland Security Investigations, the Federal Bureau of Investigation, the Erie County Sheriff's Office, and the Niagara County Sheriff's Office, seized:
• $27,950.00 in U.S. currency;
• Two rifles, five shotguns, and a pistol;
• Various ammunition for the firearms;
• Three Mason jars containing marijuana;
• Various steroids in liquid and tablet form;
• Hypodermic needles;
• THC edibles;
• Cannabis syrup;
• Two grams of a white powder suspected to be cocaine;
• Tylenol with Codeine tablets;
• Suspected hashish;
• A digital scale;
• A suspected marijuana cigarette;
• Numerous plastic bags and small bottles containing marijuana; and
• Four cell phones.Charges remain pending against co-defendant Joseph Bongiovanni. 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 Erie County Sheriff's Office, under the direction of Sheriff Timothy Howard; the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. Devito.
Sentencing is scheduled for April 8, 2021, at 2:00 p.m. before Judge Sinatra.
# # # #
Amherst Man Who Fled Country Following Search Warrant Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Zachary Rogers, 34, of Amherst, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that a search warrant was executed by the FBI at the defendant’s Amherst apartment on January 25, 2018. The FBI seized two computer hard drives, which contained more than 21,000 images of child pornography. Some of the images depicted prepubescent minors, as well as sexual violence. Rogers used a peer to peer networking application to receive and distribute child pornography.
Within days of the execution of the search warrant, the defendant fled to Southeast Asia, according to a note he left behind. The government received notice in October 2019 that Rogers was arrested in the country of Montenegro. Following extradition proceedings, the defendant was returned to the Western District of New York in June 2020.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia. Additional assistance was provided by law enforcement authorities in Montenegro. The Justice Department’s Office of International Affairs was responsible for securing the extradition.
Sentencing is scheduled for April 19, 2021, at 9:30 a.m. before Judge Vilardo.
# # # #
Wayne County Man Pleads Guilty to Cocaine Distribution and Gun Possession 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 Holsey Wedlow, 68, of Sodus, NY, pleaded guilty before U.S. District Judge David G. Larimer to possessing with intent to distribute 28 grams or more of crack cocaine and being a felon-in-possession of firearms. The charges carry a minimum penalty of five years in prison, a maximum of 50 years, and a $5,250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between September 2016 and September 2018, the defendant sold cocaine and crack cocaine in the Wayne County area. During that time, Wedlow possessed multiple firearms, which he was prohibited from possessing by virtue of the fact that he had three prior felony convictions.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts; and the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson.
Sentencing will be scheduled at a later date.
# # # #
Salamanca Man Arrested for Attempting to Have Sex with A 14 Year Old GirlRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard Buffalo, 36, of Salamanca, NY, was arrested and charged by criminal complaint with enticement and attempted enticement of a minor and attempted transfer of obscene matter to an individual under the age of 16. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in October 2020, the defendant began communicating with a minor female victim on the social media application Snapchat. Buffalo asked the minor victim if she wanted to have sex with him and offered to come pick her up. The minor victim advised the defendant that she was only 14 years old, but Buffalo persisted in his efforts to meet up with the minor victim. In November 2020, an undercover law enforcement officer, posing as the victim, began communicating with Buffalo on Snapchat and through text messaging. Believing the undercover officer to be the minor victim, the defendant asked if she wanted to have sex and requested that she send him nude images of herself. Buffalo also sent alleged nude images of himself to the undercover officer. The defendant later asked the undercover officer to meet in person, and the two agreed upon a time and place for the meeting. Buffalo arrived at the predetermined location and was taken into custody.
Buffalo made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on December 8, 2020.
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Salamanca Police Department, under the direction of Chief Troy Westfall.
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 Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Freedom Lee, 26, of Rochester, NY, who was convicted of possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 69 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that at approximately 2:50 a.m. on April 22, 2019, Rochester Police Department officers conducted a traffic stop of a vehicle in the area of 1210 North Clinton Avenue in Rochester. The defendant was identified as the passenger in the vehicle. During the stop, police officers recovered from Lee approximately 54 vials of cocaine; approximately 192 yellow glassine bags containing a mixture of heroin and fentanyl; approximately 15 white glassine bags containing a mixture of heroin and fentanyl; a plastic bag containing a mixture of heroin and cocaine; five yellow glassine bags containing fentanyl; a 9mm semiautomatic pistol loaded with 18 rounds of ammunition; and $1,632 in United States currency, which represented proceeds from his drug sales.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
# # # #
Rochester Man Arrested, Charged with Production of Child Pornography and 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 Michael Regan, 38, of Williamsville, NY, was arrested and charged by criminal complaint with production of child pornography and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 2, 2020, the FBI’s Child Exploitation Task Force was contacted by the Buffalo Police Department, which believed that the defendant was engaged in a sexual conversation with a 13 year-old-girl (Victim) through social media. According to the complaint, Regan, who identified himself as “Jason,” and the Victim met over Snapchat in late July and continued to chat over the next several weeks on social media. The chats were often sexual in nature with the defendant requesting that the victim send him naked photographs. In August, there was sexual contact between Regan and the Victim. At one point, the defendant claimed to be a Cheektowaga Police Officer.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was held pending a detention hearing on December 8, 2020.The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Lockport Man Convicted by Federal Jury of Narcotics Conspiracy Tied to the El Chapo Mexican Drug Cartel Going to Prison for 25 YearsRead 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 Troy R. Gillon, 46, of Lockport, NY, who was convicted of narcotics conspiracy following an eight week jury trial, was sentenced to serve 25 years in prison by U.S. District Judge Lawrence J. Vilardo.
“Make no mistake, though their operations were centered over 2,500 miles away, the reach of the harm done by the Sinaloa Cartel extended all of the way here to Western New York,” noted U.S. Attorney Kennedy. “They poured poison into our community and made millions of dollars at the expense of the health, well-being—and in some instances the lives—of those who ingested them. Those individuals, such as the defendant, who sought to profit from the Cartel’s business model as established by its leader, El Chapo, deserve a similar return on their investment as he got—a sentence which will result in him spending the rest of his life in federal prison.”
Assistant U.S. Attorney Meghan A. Tokash, who handled the prosecution of the case, stated that Gillon was a member of a transnational drug trafficking organization, led by co-defendant Herman E. Aguirre, that utilized contacts and a source of supply whose territory included Mexico, Arizona, California, and elsewhere. The source of supply was the Sinaloa Cartel, led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada.
The local organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo, via the mail, individual vehicles outfitted with “trap” compartments, and on pallets loaded on tractor trailers. Members of the organization created fictitious “front” companies to launder drug proceeds including Triton Foods, Inc., Kamora Investment Enterprises, Inc. and Fresh Choice Produce, all of which were incorporated in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, NY, but proved to be completely fake.
Using these companies, Gillon and his co-defendants disguised kilogram quantities of heroin, fentanyl, and cocaine on pallets described on inventory and other documents as containing “Sea Cucumbers.” Evidence presented by the Government at trial showed that sea cucumbers are commonly found in Southeast Asia and Europe but rarely, if ever, in Western New York State. The pallets bearing the illegal narcotics were secreted in containers sealed with foam or spray insulation to avoid detection by law enforcement.
Members of the organization also utilized numerous bank accounts at local Bank of America branches to deposit illegal drug proceeds. Local members of the drug trafficking organization deposited over $19,000,000 of illegal drug proceeds into these fake seafood accounts, while California conspirators created false invoices to make it look like Western New Yorkers were buying sea cucumbers at astounding rates and quantities. The Western New York Asset Protection Manager of Wegman’s Food Markets, Inc. testified at the trial that none of its 13 Western New York stores have ever carried sea cucumbers because there is no demand for the product in Buffalo and the surrounding areas.
During the course of the investigation, law enforcement officers seized over $5,000,000 worth of illegal narcotics, including:
• 52.5 kilograms of cocaine;
• 17.5 kilograms of heroin; and
• 8.5 kilograms of fentanylUsing standard dosage amounts, the seized drugs potentially represented over 1,500,000 “hits” of cocaine, and 2,700,000 “hits” of heroin and considering that two milligrams of fentanyl can be a lethal dose, enough fentanyl potentially to kill over four million people. Further evidence presented by the Government at trial revealed that after a December 2014 meeting in Buffalo, defendant Aguirre shipped 10 kilograms of fentanyl to Buffalo and defendant Gillon took possession of the 10 kilograms. Gillon sold two kilograms of the fentanyl before residents of the Lockport area started overdosing on the drug shortly after New Year’s Day, 2015. A DEA representative testified that Gillon told police that he returned the remaining eight kilograms to a co-conspirator in early March 2015 because, “People are dying off this (expletive).” The co-conspirator moved the remaining fentanyl, along with two kilograms of cocaine, and 22 kilograms of heroin, to a house on Folger Street in the City of Buffalo. On March 23, 2015, Buffalo Police seized 32 kilograms of drugs from the Folger Street location—including Gillon’s eight kilograms of fentanyl.
The investigation further determined that between June 2013 and September 2015, members of the organization additionally distributed over 5,000 pounds of cocaine, heroin, fentanyl and marijuana in the Western New York area. Approximately $20,000,000 was sent from Western New York banks to California in a two year period of time.
Herman Aguirre was also convicted at trial of narcotics conspiracy, as well as operating a continuing criminal enterprise and money laundering conspiracy, and is scheduled to be sentenced on February 23, 2021. A total of 18 defendants were charged and convicted in this case.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special-Agent-in Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lockport Police Department, under the direction of Chief Steven Abbott; the Montebello, California Police Department; the Nebraska State Patrol; and the DEA, Los Angeles.
# # # #
Jamestown Woman Arrested, Charged with Sex Trafficking of Two MinorsRead 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 Jasmin Osteen, 23, of Jamestown, NY, was arrested and charged by criminal complaint with two counts of sex trafficking of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.
“As alleged in the criminal complaint, this woman exploited two vulnerable young girls for her own financial benefit,” stated U.S. Attorney Kennedy. “The depravity of the defendant’s conduct and the harm she caused to these two minors are the stuff of which parental nightmares are made. I want to commend the members of federal, state, and local law enforcement, who, working with the tremendous child advocates serving our community, took swift and certain action to rescue these victims and to protect others from this predatory defendant.”
“The egregious acts identified as part of this investigation demonstrated a lack of regard for human life,” said Kevin Kelly, HSI Special Agent-in-Charge. “Homeland Security Investigations is committed to investigating these victim based crimes and bringing to justice those who prey on the most vulnerable in our communities.”
“This investigation and arrest are a result of interagency cooperation,” stated Chautauqua County Sheriff James B. Quattrone. “Human Trafficking is all too real and continues to victimize too many people. These investigations will continue with the help of our federal, state, and local partners. And we continue to ask for the public to report any suspicious activity as this form of slavery cannot continue.”
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated according to the complaint, on September 23, 2020, the mother and grandmother of Minor Victim 1 reached out to the Chautauqua County Sheriff’s Office and expressed concern because Minor Victim 1 was involved in prostitution and using drugs. They also expressed concern that the defendant may have been trafficking Minor Victim 1 for sexual exploitation. The mother and grandmother provided screen shots of messages between Osteen and Minor Victim 1 talking about having sex for money. According to the complaint, Minor Victim 1 moved in with the defendant in August 2020.
On October 30, 2020, Minor Victim 1 obtained housing and services at the Safe House in Jamestown, NY, and advised staff that she was forced to have sex with multiple unknown adults in exchange for money that was given to Osteen. Staff advised the New York State Police. According to the complaint, during an interview at the Jamestown Child Advocacy Program, Minor Victim 1 stated that the defendant took her to Buffalo and other cities and rented hotel rooms for the purpose of having sex buyers engage in sexual acts with Minor Victim 1. She also stated that during one these trips to Buffalo, a second minor victim was also forced to engage in sexual activity. According to Minor Victim 1, Osteen threatened that she would be harmed if she talked about anything. During an interview with investigators, Minor Victim 2 also stated that the defendant drove her and Minor Victim 1 to a Buffalo hotel, gave them alcohol, and forced them to have sex for money.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; the New York State Police, under the direction of Major James Hall; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; and the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Western New York Man with Alleged Ties to White Supremacist Group Charged with Being A Felon in Possession of FirearmsRead 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 criminal complaint, charging Stephen Reed Pattison, 31, of Hilton, NY, with being a felon-in-possession of firearms, was unsealed today. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the criminal complaint, Pattison was arrested in Western New York, on October 30, 2020, by the United States Marshals Task Force. The basis for defendant’s arrest was a parole absconder warrant from a 2016 conviction that he had in the State of Missouri for Domestic Assault in the Second Degree. In the months preceding his arrest, the defendant aggressively and sometimes violently expressed his disagreement with local protests relating to the deaths of George Floyd and Daniel Prude in a series of Facebook posts. Pattison also expressed his support of white supremacist groups and is believed to be associated with a local “Blood and Honour” group in the Rochester, a white supremacist group that is affiliated with a neo-Nazi organization known as “Combat 18.” Following his arrest as a parole absconder, investigators obtained search warrants for both the defendant’s cell phone as well as his residence on Church Road, in Hilton. During the execution of those warrants, evidence suggesting his involvement with white supremacist organizations was developed and various firearms were seized from the residence.
Pattison made his initial appearance today before U.S. Magistrate Judge Marian W. Payson and was detained.
The complaint is a result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the United States Marshals Service, under the direction of Marshal Charles Salina, the Brighton Police Department, under the direction of Chief David Catholdi; the New York State Police, under the direction of Major Barry Chase; the Monroe County Sheriff's Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the Aureau 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.
# # # #
Rochester Man Pleads Guilty to Possession of A Machine 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 Aaron Graff, 44, of Rochester, NY, pleaded guilty today before U.S. District Judge David G. Larimer to possession of a machine gun. The charge 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 Graff was arrested after members of law enforcement intercepted and searched a package sent to him from an address in China. Officers found the package contained a Glock® conversion device which, when installed on a Glock® semi-automatic pistol, allows the pistol to discharge ammunition in fully automatic mode. On May 24, 2019, investigators delivered the package containing the device to Graff and then searched his residence pursuant to a search warrant. During the search, officers found the intercepted Glock® conversion device, as well as a second Glock® conversion device which the defendant admitted to ordering about a month earlier.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the New York State Police, under the direction of Major Barry Chase; the Irondequoit Police Department, under the direction of Chief Alan Laird; and Customs and Border Protection in New York.
Sentencing is scheduled for May 12, 2021, at 2:30 p.m. before Judge Larimer.
# # # #
Rochester Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bryson McBride, 22, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute cocaine and possessing a firearm with an obliterated serial number. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on May 16, 2019, at a residence on Baycliff Drive in Rochester, the defendant possessed a quantity of cocaine, which was packaged for distribution. McBride also possessed quantities of fentanyl and acetyl fentanyl. In addition, the defendant possessed a 9mm semiautomatic pistol with an obliterated serial number.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for March 9, 2021, at 10:30 a.m. before Judge Siragusa.
# # # #
Jamaican Native Who Was Convicted of Fraud but Failed to Appear for Sentencing Is 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 Daciann Brown, 30, a Jamaican native residing in Rochester, NY, who was convicted of failing to appear for sentencing, was sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. to serve 46 months in prison and to pay restitution totaling $182,139.62.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in May 2018, the defendant pleaded guilty to wire fraud, false claims, and fraud related to identification documents. Brown purported to be a tax preparer and filed 66 false tax returns on behalf of 44 taxpayers with the IRS. Thirteen of those taxpayers did not know the defendant was filing returns using their personal information. Brown was scheduled to be sentenced on August 28, 2018. However, the defendant failed to appear on that date, and an arrest warrant was issued. On June 3, 2020, Brown was arrested by the U.S. Marshal Service.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, and the U.S. Marshal Service, under the direction of Marshal Charles Salina.
# # # #
Queens Man Going to Prison for 20 Years for Narcotics Conspiracy and His Role in the Murder of Two BrothersRead 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 Misael Montalvo, 45, of Queens, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to serve 20 years in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and November 2011, the defendant conspired to sell cocaine in the Buffalo area. In 2004, Montalvo, having previously resided in Buffalo, moved to Queens, NY, and returned to Buffalo approximately twice a month to sell cocaine.
Following a lengthy sentencing hearing, the Court determined that, as part of the drug conspiracy, the defendant orchestrated an armed burglary and robbery at the apartment of Nelson and Miguel Camacho, two brothers with whom Montalvo had been previously involved in drug trafficking activities. On November 11, 2004, Montalvo drove co-defendants Efrain Hidalgo and Brandon Jonas, whom he had recruited, along with a juvenile, to the area of the victims’ apartment. The defendant dropped them off with a loaded AK-47 rifle and an aluminum baseball bat and drove away. Thereafter, Hidalgo, Jones and the juvenile forced their way into the victims’ apartment. Once inside, Jonas immediately shot Nelson Comacho in the arm with the AK-47. As Hildalgo, Jonas, and the juvenile searched the apartment for money, Hildalgo encountered Miguel Comacho, who pointed a gun at him. Jonas then shot Miguel Comacho repeatedly with the AK-47, killing him. Thereafter, Jonas also shot an injured Nelson Comacho in the head, killing him as well. No money or drugs were stolen during the armed burglary and robbery. In determining that Montalvo ought to be held responsible for the murders, Judge Arcara concluded, “while the defendant did not intend for Jonas to murder his former co-conspirators, the ruthlessness of his planned armed burglary and robbery that resulted in their murder reflects of the nature of the co-conspirator relationships with the victims sufficiently to reflect on the seriousness of his drug conspiracy offense of conviction. Accordingly, the Court finds that an upward departure or variance to account for the felony murders applies.”
While imposing sentence, Judge Arcara noted that an innocent man, Josue Ortiz, wrongly served 10 years in state prison for the murders of the brothers. As a result of this federal prosecution, in 2015, Josue Ortiz was able to get his New York State homicide conviction vacated by an Erie County Court judge.
Efrain Hidalgo, who was the leader of the 7th Street Gang, was previously convicted and sentenced to serve 330 months in prison. Brandon Jonas was also previously convicted and is awaiting sentencing.
“This prosecution, quite literally, helped to transform the West Side of the City of Buffalo,” noted U.S. Attorney Kennedy. “Thanks to the investigative efforts of the Buffalo Police Department, the New York State Police, and the FBI, and the tremendous work of prosecution team led by AUSA Tripi, control of the West Side of Buffalo was removed from these violent street gangs and returned to the law-abiding residents and business owners who live in the neighborhood. As a result of this prosecution, a total of 65 individuals who were members or associates of the 10th Street and 7th Street gangs were convicted in federal court, and 64 have been sentenced. Ten cold case homicides, involving murders of victims ranging in age from 14-to 47-years-old, and including gang rivals, drug dealers, and innocent bystanders/people shot via mistaken identity, were solved as a result of this prosecution—as were dozens of non-fatal attempted murder shootings. Four of the 65 defendants went to trial and each was convicted and each sentenced to life imprisonment. This prosecution demonstrates that although a strong law enforcement response may not alone be sufficient to solve the problem of violence in our community, it is an indispensable part of the solution, and there can be no lasting solutions without it.”
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
# # # #
Jamestown Man Pleads Guilty to Receiving Naked Pictures of Young Girls on Social MediaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Guay, 30, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that in November 2016, the defendant solicited minor victims through the Instagram application to produce images of child pornography. On November 6, 2016, the defendant received an image of Victim 1, who was 12 years old at the time. On November 8, 2016, Guay received two images of Victim 2, who was 13 years old at the time.
During the investigation, law enforcement officers recovered 587 images and five videos of child pornography on electronic devices seized from the defendant. Some of the images included prepubescent children, as well as depictions of violence.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the HSI Office of International Affairs in S. Africa; the New York State Police, under the direction of Major James Hall; the Olean Police Department, under the direction of Chief Jeff Rowley; the Harris County, GA Sheriff’s Office, under the direction of Sheriff Mike Jolley; and the Ayer, Massachusetts Police Department, under the direction of Chief William A. Murray.
Sentencing is scheduled for April 1, 2021, at 2:00 p.m. before Judge Sinatra.
# # # #
Rochester Man Pleads Guilty to Dealing EcstasyRead 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 Tomas Martinez-Devedia, 27, of Rochester, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possessing with intent to distribute and distributing MDMA (Ecstasy). The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Misha Couslon, who is handling the case, stated that in June 2018, Homeland Security Investigations (HSI) began investigating the defendant's possession and distribution of controlled substances that he acquired via Bitcoin. On October 26 and December 3, 2018, HSI conducted controlled purchases of MDMA from Martinez-Devedia. On December 10, 2018, investigators executed a search warrant at the defendant’s University Avenue apartment in Rochester. They recovered cutting agents, a scale, $4,990.00, multiple electronic devices, and three bags containing suspected ketamine.
The defendant was charged by a criminal complaint December 2018 and, following his initial appearance in District Court, was released on conditions, including that he not commit any offense in violation of federal, state, or local law. On January 6, 2020, Customs and Border Protection notified HSI that three international mail parcels originating in Barcelona, Spain, and destined for two addresses in the Rochester area, had been inspected and found to contain a brown chunky substance that field tested positive for MDMA. On January 10, 2020, members of the United States Postal Inspection Service conducted a controlled delivery of the three suspicious postal packages. Investigators then executed search warrants at the two locations. When questioned, the recipients of the packages advised investigators that the packages were supposed to be delivered to the defendant. Later that day, investigators conducted a controlled delivery of two parcels filled with sham to the defendant, who was arrested at that time.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.
Sentencing is scheduled for March 24, 2021, at 2:00 p.m. before Judge Sinatra.
# # # #
Owner of Rochester Trucking Company Charged with Lying to the Department of TransportationRead 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 Tony Kirik, a/k/a Anatoliy Kirik, 39, of Rochester, NY, was charged by criminal complaint with making false statements to the Federal Motor Commission Safety Administration, U.S. Department of Transportation, and conspiring to do the same. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant owned and controlled a trucking business called Dallas Logistics. The company was put in the name of a nominee owner to conceal the fact that it was affiliated with another trucking company, Orange Transportation, that Kirik also controlled. Orange Transportation had received a negative rating from the Department of Transportation, and that negative rating would have been applied to Dallas Logistics had the true relationship between the two entities been disclosed to the Federal Motor Carrier Safety Administration. In order to prevent the government from learning that the two entities were related and affiliated, Kirik directed his employees to create and present false documents and representations to the Federal Motor Carrier Safety Administration.
The defendant made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released.
The criminal complaint is the result of an investigation by Special Agents of the Department of Transportation, Office of Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker, Northeast Region, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Grand Jury Indicts A Previously Convicted Bank Robber for Escaping from Federal Prison and Committing Two Robberies, Including Another Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has indicted Joseph Licata, 52, of Buffalo, NY, on charges of bank robbery, entering a bank with intent to commit a larceny, Hobbs Act robbery, and escape from custody. The charges carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a previously filed criminal complaint, in mid to late-January 2020, the defendant escaped from the custody of the United States Penitentiary Coleman II in Sumterville, Florida. On January 21, 2020, the defendant entered the M&T Bank branch on Grant Street in Buffalo, and passed a demand note to the victim-teller. The note threatened the teller if the teller did not give him cash. The victim-teller complied and gave Licata U.S. currency. Later that same day, the defendant entered a Speedway Gas Station on Elmwood Avenue in Buffalo and demanded cash. The victim-clerk complied and gave U.S. currency to the defendant. Later that same day, the defendant entered a Speedway Gas Station on Elmwood Avenue in Buffalo and demanded cash. The victim-clerk complied and gave U.S. currency to the defendant. Law enforcement officers arrested Licata and found him in possession of currency taken during the robberies.
In 2010, Licata, having previously been convicted in federal court of committing a bank robbery in Buffalo, was sentenced to serve 120 months in prison.
The indictment is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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.
# # # #
Missouri Man Facing Child Pornography and Cyberstalking 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 Andrew Neal, of Hallsville, Missouri, was charged by criminal complaint with production, receipt, and distribution of child pornography, as well as cyberstalking. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in July 2018, Neal initiated a conversation with a minor female victim, living in the Western District of New York, on Instagram and asked her to send him pictures of her feet and face. After the victim complied with the defendant’s request, Neal demanded that she produce and send him sexually explicit images of herself or else he would send the images she previously sent to him to all of her Instagram followers. The victim complied and sent Neal the requested images. Over the next two years, the defendant continued to harass the victim through Instagram and text message, demanding that she take and send him more images or else he would distribute the sexually explicit images she previously provided to him to all of her Instagram contacts. In July 2020, Neal followed through with his threats and sent several images of the victim to four of her Instagram followers.
Neal made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Little Valley Man Arrested, Charged with Production of Child Pornography and CyberstalkingRead 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 Dyllan Barber, 19, of Little Valley, NY, was arrested and charged by criminal complaint with production of child pornography and cyberstalking. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in November 2019, Barber initiated a conversation with a minor female victim on the Snapchat social media application. Barber used his own Snapchat account during this conversation, but posed as a hacker who had gained control over the account. The defendant threatened the minor victim to produce and send to him sexually explicit images of herself or else he would publicly release information regarding the minor victim. In response to these threats, the minor victim produced and sent images of herself to Barber as requested.
Barber made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Cattaraugus County Sheriff’s Office, under the direction of Timothy S. Whitcomb.
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.
# # # #
Leader of Townsend Street Drug Trafficking Organization Going to Prison for 8 1/2 YearsRead 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 Lamario Mills, a/k/a Rio, 32, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 103 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joshua A. Violanti, who handled the case, stated that in August 2018, investigators began looking into the drug trafficking activities of the defendant and multiple co-defendants, which were focused in the area of 67 Townsend and 76 Townsend Street in Buffalo. Between August 2018 and June 18, 2019, Mills and his co-defendants sold cocaine and crack cocaine in that area. Investigators conducted a total of 27 controlled purchases of crack cocaine and 12 purchases of cocaine.
Mills was an organizer in the drug trafficking organization, responsible for supplying members on a near-daily basis with crack cocaine, which they in turn sold on behalf of the organization. On June 18, 2019, investigators executed a search warrant at the defendant's Delaware Avenue residence, and seized a quantity of cocaine and marijuana, and utensils used to cook the cocaine into crack cocaine, such a pan, spatula, tongs, and plates. They also seized $35,562.00 in cash.
Mills was arrested in June 2019 along with nine other defendants, he is the third to be convicted.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major James Hall; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; and the Erie County Crime Analysis Center.
# # # #
Federal Grand Jury Indicts Buffalo Man for Threatening to Kill an Individual on Social MediaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Samuel Mara, 24, of Buffalo, NY, with threats by interstate communications and cyberstalking. The charges carry a maximum penalty of five years in prison and a $250,000.
“Much as an act of violence is not a Constitutionally protected form of protest, neither actual threats of violence nor cyberstalking are Constitutionally protected forms of speech,” stated U.S. Attorney Kennedy. “Here, a federal grand jury has determined that the defendant’s actions in this case crossed the line from protected speech to prosecutable conduct.”
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 6, 2020, the FBI and New York State Police began investigating a two (2) hour and ten (10) minute live stream video posted on Facebook Live. The video, apparently taken in front of the Buffalo Police Department -- C District Station, was live streamed by an individual identified as A.M., a close associate of Samuel Mara. In the video, a crowd is peacefully protesting, and at times, A.M. is heard commenting in the video. Defendant Mara is also seen sporadically throughout the video. Approximately 45 minutes into the video, several members of the crowd begin shouting, “hey hey, ho ho, [Victim 1] has got to go.”
Facebook users watching the live stream video posted comments, including information about a purported KKK rally which was allegedly scheduled to take place in downtown Buffalo on the following day. A.M. and defendant Mara are then heard discussing the rally. Mara can be heard saying: “Listen…what they’re gonna do is, they’re gonna drive themselves crazy outta’ all the overwhelming fear and one of them is (inaudible) gonna hurt us or kill us and that’s gonna start (inaudible) and then we gonna do whatever the (expletive) we want. It will happen, we are in power. They are scared. They will act off impulse and they will try to kill us, when they do that. Then they will all die. We will kill them all. I will personally kill [Victim 1].”
As alleged, through the months of June and July of 2020, the defendant continued to make threats directed toward the Victim, members of the Victim’s family, and others. Those threats were made both over social media accounts that defendant controlled as well as directly by defendant to other individuals.
The defendant was arraigned this morning before U.S. District Judge Jeremiah J. McCarthy and released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; 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 defendants are presumed innocent until and unless proven guilty.
# # # #
Two Honduran Men Sentenced for Illegally Re-Entering the United StatesRead 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 Yojamis Lozano-Amaya, 42, and Hovet Ewersont Paz-Sagastume, 34, both of Honduras, pleaded guilty before Senior U.S. District Judge William M. Skretny to re-entry of a removed alien. Judge Skretny then sentenced each defendant to time served (approximately two months).
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the cases, stated that both defendants were found in Tonawanda on September 14, 2020, by Border Patrol Officers. Defendant Lozano-Amaya was previously deported from the United States in 2004 after being convicted of an aggravated felony. In 2013, defendant Paz-Sagastume was previously deported from the United States. Neither defendant had permission to re-enter the United States nor legal status in this country.
The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan.
# # # #
Repeat Bank Robber Sentenced for Committing Bank Robberies in Depew, Gates, and PenfieldRead 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 Nicholas Ferrone, 29, of Utica, NY, who was convicted of three counts of bank robbery, was sentenced to serve 76 months in prison by U.S. District David G. Larimer.
Assistant U.S. Attorney Sean Eldridge, who handled the case, stated that the defendant committed three bank robberies: on August 20, 2019, Ferrone robbed the Bank of America, located at 5091 Broadway in Depew, NY; on October 31, 2019, Ferrone robbed the Chase Bank, located at 6 Spencerport Road in Gates, NY; and on December 17, 2019, Ferrone robbed the M&T Bank, located at 625 Panorama Trail in Penfield, NY. During each of the robberies, the defendant wore a high-quality latex mask and handed the tellers notes demanding money.
On January 13, 2020, a New York State Trooper conducted a traffic stop of a vehicle Ferrone was driving on the New York State Thruway. The vehicle did not have license plates displayed, nor did it display a valid inspection sticker. Troopers conducted a search of the vehicle and recovered controlled substances, as well as several high quality latex masks, including one that appears to have been used in the Bank of America robbery in Depew, and another mask that appears to have been used in both the Chase Bank and M&T Bank robberies in Gates and Penfield. Also recovered from the vehicle were numerous items of clothing matching the clothing worn during the three charged robberies, along with two handwritten notes that read “I Have Gun Large Bills” and “I Have Gun All Large Bills.”
Previously, in May 2013, Ferrone was convicted in U.S. District Court in the Northern District of New York on eight counts of federal bank robbery and sentenced to serve 36 months in prison.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Major Crimes Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the East Rochester Police Department, under the direction of Chief Steve Clancy; the Depew Police Department, under the direction of Chief Jerome Miller; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
# # # #
Postal Worker Arrested and Charged with Failing to Deliver over 1,300 Pieces of MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Barrett, 30, of Sanborn, NY, was arrested and charged by criminal complaint with delay or destruction of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on October 13, 2020, the Lewiston, NY, Police Department notified the United States Postal Service Office of Inspector General (USPS OIG) that USPS mail pieces were discovered by witnesses next to a trail in a wooded area off Pletcher Road in Youngstown, NY. The following day, the USPS OIG responded to the Lewiston Police Department and retrieved three mail bins and two garbage bags containing a total of 1,314 first class, certified, and standard mailings. The mail pieces included 15 political mailings and one blank election ballot destined for a Youngstown address. Subsequent investigation determined that the mail was destined for addresses on a mail route assigned to the defendant, who began working for the USPS in 2016. A check of USPS records found that Barrett’s assigned USPS scanner was dormant on October 13, 2020, between 12:20 pm and 3:54 p.m., in the area where the mail pieces were located. During this time period, the defendant’s true location could not be determined.
On October 19, 2020, the USPS OIG returned to the location where the mail pieces were located and found 14 bundles of Western New York Value Papers that had also been discarded. Another 14 bundles of the value papers were found about 30 yards away.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The complaint is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and the Lewiston Police Department, under the direction of Chief Frank Previte.
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.
# # # #
Grand Jury Indicts Buffalo Man in Connection with Shooting Following A Botched Drug DealRead 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 Charlie Yancey, 29, of Buffalo, NY, with conspiring to distribute marijuana, attempted possession of marijuana, discharge of a firearm in furtherance of drug trafficking, being a felon-in-possession of a firearm and ammunition, and possession of a firearm with an obliterated serial number. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment, on July 28, 2019, the defendant met an individual (Victim) in the parking lot of a convenience store to obtain marijuana. When Yancey arrived, he got into the backseat of the Victim’s vehicle. The defendant attempted to give the Victim fake money in exchange for the marijuana. As a result, the Victim got out of the driver’s seat and went to the rear passenger door, at which point Yancey exited the vehicle and began shooting at the Victim, firing a total of nine rounds. The Victim was transported to the hospital where he was treated for non-life threatening gunshot wounds.
Yancey, who was on New York State parole at the time of the alleged shooting, absconded from parole and was later arrested, convicted, and sentenced on a parole violation in October 2019.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; and the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Anthony Annucci.
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.
# # # #
Grand Island Man Indicted by A Federal Grand Jury on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned a five count indictment against David Montemage, 37, of Grand Island, NY, charging him with conspiring to distribute, attempting to possess with intent to distribute, and possessing with intent to distribute marijuana: in addition, Montemage is also charged with maintaining a drug-involved premises and possessing a firearm in furtherance of drug trafficking crimes. The charges carry a maximum penalty of life in prison, and a $1,000,000 fine.
Assistant U.S. Attorneys Justin G. Bish and Joshua A. Violanti, who are handling the case, stated that according to the indictment and a previously filed criminal complaint, on August 5, 2020, federal and state law enforcers from Homeland Security Investigations (HSI), U.S. Border Patrol, U.S. Customs and Border Protection, the Niagara County Sheriff’s Office, and the Erie County Sheriff’s Office, executed a search warrant at defendant’s residence on Blue Pointe Lane on Grand Island. During the search of that residence, investigators recovered: a .22 caliber rifle; 28 rounds of .22 caliber ammunition with magazines; approximately 1.88 kilograms of marijuana; marijuana and THC based products; several large plastic vacuum seal type packages containing marijuana residue; several small plastic bags containing marijuana; a digital scale; $7,480 in cash; and marijuana smoking pipes.
According to the previously filed complaint, Montemage, who was arrested following the execution of the warrant, is believed to have been involved in the trafficking and distribution of drugs for over a decade.
Montemage was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael J. Filicetti, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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 Jury Convicts Brighton Man of Multiple Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Richard Dzionara-Norsen, 29, of Brighton, NY, of possession, receipt, and distribution of child pornography. The charges carry a minimum penalty of five years in prison, and maximum of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorneys Kyle P. Rossi and Meghan K. McGuire, who handled the trial of the case, stated that the defendant was apprehended by members of the FBI Child Exploitation Task Force after sharing a child pornography video with an undercover investigator over a peer to peer file sharing network. Subsequent investigation determined that Dzionara-Norsen had been receiving and distributing child pornography for a number of years. The images of child pornography depicted children as young as infants and also included depictions of violence against children.
The verdict 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.
Sentencing is scheduled for February 17, 2021, at 3:30 p.m. before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial.
# # # #
Two Ohio Residents Sentenced for Their Roles in Gun Trafficking Conspiracy That Brought More Than 100 Illegal Guns to the Streets of BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Deonte Cooper 25, of Ashtabula, Ohio, who was convicted of conspiring to traffic firearms from Ohio to Buffalo following a three week jury trial, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Charles J. Volkert and Joshua A. Violanti, who handled the prosecution of the case, stated that during the course of the conspiracy, Cooper, who also sold heroin, recruited heroin customers to make straw purchases of more than 100 firearms. The purchases were made at gun shows and gun stores in Ohio. The firearms were then transported to Buffalo, where they were sold to local drug dealers, including co-defendant Titus Thompson, who was also convicted at trial with Cooper.
Defendant Thompson is awaiting sentencing. Six other defendants were also charged and previously convicted in this case, including Koree Runyan. Runyan, 26, of Ashtabula, Ohio, was also sentenced today by Judge Wolford for her role in the conspiracy to time served and two years supervised release. Runyan purchased firearms in Ohio in her own name, which were then transported into the Buffalo area.
The sentencings are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
# # # #
Maryland Man Going to Prison for Defrauding an Orchard Park Aerospace Company Out of More Than 800,000Read 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 Amir Jahed a/k/a Amir Jahedmotlagh, 50, of Montgomery Village, Maryland, who was convicted of mail fraud, was sentenced to serve 24 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that between 2010 and July 19, 2018, the defendant was an employee of Cobham Mission Systems, a company headquartered in Orchard Park, NY, that was engaged in the development, delivery, and support of aerospace and defense technology and systems. Cobham also had an office located in Westminster, Maryland. As part of his employment, Jahed was assigned company credit cards (purchase cards) and was authorized to make certain purchases on behalf of Cobham for its business operations. The defendant used his company purchase cards to conduct approximately 600 unauthorized transactions. Jahed claimed that the transactions were purchases of parts for Cobham’s business operations. In truth and in fact, the defendant did not purchase any parts for Cobham; rather, he used the purchase cards to direct funds into accounts controlled by him, resulting in a loss of $832,003 to Cobham. After Jahed used a purchase card fraudulently to obtain funds, he mailed fraudulent invoices to Cobham headquarters in support of the fraudulent transactions to give the appearance that the purchases were made to support Cobham’s business operations.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #
Niagara Falls Man Faces Lengthy Federal Prison Term After Pleading Guilty to Trafficking 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 Dante Dolson, 51, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of life, and a $20,000,000 fine.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between December 2016, and August 24, 2017, the defendant conspired with others to sell cocaine. On at least four separate occasions, Dolson coordinated the transportation of 10 kilograms of cocaine for distribution in the Niagara Falls/Buffalo, NY area. On each occasion, the defendant worked with co-conspirators to conceal the cocaine within a “trap” hidden under the hood of the vehicle in order to avoid detection by law enforcement.
On August 24, 2017, members of the Niagara Falls Police Department executed a New York State search warrant at a residence on Independence Avenue in Niagara Falls, the associated detached garage, and a vehicle registered to Dolson. The location was the residence of a relative of Dolson. When investigators entered the detached garage, the defendant was observed rolling beneath the opening garage door to flee from the area. Investigators also noticed that the hood of a minivan in the garage was ajar and a socket wrench was attached to a bolt securing one of the windshield wipers. The “trap” was contained in the engine compartment of the vehicle, and concealed behind a plastic shield underneath the wiper area.
Investigators recovered five full bricks and two half-sized bricks of suspected cocaine wrapped in black plastic sitting on top of the seat cushions of a couch positioned along one of the walls within the garage. $5,000 in cash was also found in another vehicle on the property.
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Thomas Licata, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for March 1, 2021, at 12:30 before Judge Arcara.# # # #