Western District of New York
Press releases recorded for this federal judicial district.
Geneva Man Charged with Enticement of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Carter, 45, of Geneva, NY, was arrested and charged by criminal complaint with enticement of a minor. The charge carries a minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on May 12, 2020, an undercover law enforcement officer with the Geneva Police Department was on social media utilizing an undercover online account when he received a picture of a naked male from a user named “Timothy Carter.” For approximately an hour after receiving the picture, the undercover officer and the defendant exchanged messages that were sexually explicit at times. During the exchange, the undercover officer stated that he was a 14 year-old boy. Carter then asked the undercover officer to meet in person. A short time later, the defendant arrived at a predetermined location and was taken into custody.
On May 19, 2020, the Geneva Police Department executed a search warrant on Carter’s cellular phone and determined it was used to send the messages to the undercover officer.
The complaint is the result of an investigation by the Geneva Police Department, under the direction of Chief Michael J. Passalacqua; the Canandaigua Police Department, under the direction of Chief Mathew Neilsen, 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.
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Federal Jury Convicts Two Buffalo Men of Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a two week trial, a federal jury has convicted Henry Lloyd, 34, and Roman Dunnigan, 41, both of Buffalo, NY, of conspiracy to distribute 500 grams or more of cocaine. Lloyd faces a mandatory minimum penalty of 10 years in prison, and a maximum of 40 years, while Dunnigan faces a mandatory minimum penalty of five years in prison and a maximum of 40 years.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Charles E. Watkins, Jr., who handled the prosecution of the case, stated that on May 7, 2017, the defendants purchased last-minute airline tickets to travel from Buffalo to Houston, TX. Defendant Lloyd, who was on supervised release at the time as a result of a prior conviction, never sought permission from his probation officer to travel. The following day, May 8, 2017, Lloyd, along with two females, were stopped at the Buffalo Niagara International Airport by TSA Agents and found to be in possession jointly of $64,000, which was seized by the DEA. Lloyd, Dunnigan, and the two females rebooked a flight for the next day, traveling from Rochester, NY, to Houston, TX. The DEA learned of this flight and notified the DEA Resident Office in Houston.
A narcotics surveillance unit monitored the travel of Lloyd, Dunnigan, and the two females upon their arrival in Houston. As part of the surveillance, on May 10, 2017, Houston Police Department detectives observed Lloyd and Dunnigan purchase an Intex Inflatable Chair at a nearby Walmart. The next day on May 11, 2017, Houston police officers pulled over a rental vehicle driven by Dunnigan with Lloyd in the passenger seat. The stop occurred next to a U.S. Post Office, which authorities believed Dunnigan and Lloyd would be utilizing to send cocaine. Upon stopping the vehicle and speaking with both Lloyd and Dunnigan, the defendants told multiple lies to the officer, and were unable to keep their story straight. A K-9 sniff of the exterior of the vehicle revealed the presence of narcotics. During a search of the trunk, police officers located the Intex Inflatable Chair box, which contained approximately one kilogram of cocaine. Lloyd and Dunnigan were arrested and charged locally by the Houston Police Department.
Approximately three weeks later, the Erie County Sheriff’s Office, along with the DEA, executed a search warrant at 1807 Elmwood Avenue in Buffalo. During the search, investigators recovered 177 grams of cocaine, 344 grams of butyryl fentanyl, two empty Intex Inflatable Furniture boxes, paraphernalia used to package and process narcotics for distribution, $5,500 in cash, a receipt in Dunnigan’s name, and a firearm with Dunnigan’s DNA.
Defendants Lloyd and Dunnigan both have three prior convictions. Dunnigan has prior convictions for 2nd degree Robbery and 3rd degree Possession of a Loaded Firearm in NYS, and a federal conviction for structuring a financial transaction to evade reporting requirements. Lloyd has prior convictions for 4th degree Possession of a Firearm in NYS, and federal convictions for possession with intent to distribute narcotics, and conspiracy to commit money laundering.
The guilty verdict 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 Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Houston Police Department, under the direction of Chief Art Acevedo; the Niagara Frontier Transportation Authority (NFTA) Police, under the direction of Chief George Gast; the Transportation Security Administration, under the direction of Brett O’Neil; the Erie County Central Police Services Forensic Laboratory, under the direction of Commissioner James Jancewicz; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the U.S. Probation Office, under the direction of Chief Probation Officer Anthony SanGiacomo.
Lloyd is scheduled to be sentenced on December 11, 2020, and Dunnigan is scheduled to be sentenced on December 16, 2020, both before U.S. District Judge Richard J. Arcara, who presided over the trial of the case.
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Six Defendants Arrested, Charged with Narcotics Conspiracy; Two of the Defendants Charged in Triple Homicide Murder, While Third Charged with Helping Murderers to Burn the Bodies and Destroy EvidenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned a 24-count indictment charging six defendants with narcotics conspiracy, a conspiracy that ultimately led to the deaths of three individuals, and the burning of their bodies. Named in the indictment are:
• Jariel Cobb, a/k/a Doobie, a/k/a Black, 47, of Buffalo, NY;
• James Reed, a/k/a Fatts, 38, of Buffalo, NY;
• Jahaan McDuffie; a/k/a Wanka, 29, of Buffalo, NY;
• Destenee Bell, a/k/a K, 27, of Cheektowaga, NY;
• Deandre Wilson, a/k/a D, 49, of Buffalo, NY; and
• Deshema Clark, 42, of Buffalo, NY.Assistant U.S. Attorneys Brendan T. Cullinane and Michael J. Adler, who are handling the case, stated that according to the indictment, between 2014 and September 25, 2019, the defendants are accused of conspiring to sell cocaine, heroin, marijuana, and fentanyl in the Buffalo area. In furtherance of this conspiracy, defendants Jariel Cobb, James Reed, and Destenee Bell are accused of maintaining a drug involved premises by utilizing residences at 211 Box Avenue and 973 Fillmore Avenue in Buffalo, to facilitate their drug trafficking activities. Defendants Wilson and Deshema Clark are accused of utilizing 164 Parkridge Avenue, also in Buffalo, for drug trafficking activities. Defendant Jahaan McDuffie is charged with distributing significant quantities of marijuana and heroin.
The indictment further states that between September 15 and 16, 2019, defendants Cobb and Wilson committed murder while engaged in a narcotics conspiracy and Hobbs Act conspiracy. Cobb and Wilson allegedly murdered Miguel Anthony Valentin-Colon, Nicole Marie Merced-Plaud, and Dhamyl Roman-Audiffred and stole from them certain personal property, including cocaine, cellular telephones, and a white Chrysler Pacifica minivan.
Following the murders, Cobb, Wilson, and defendant Reed are accused of obstruction of justice for burning the bodies of Valentin-Colon and Merced-Plaud, and mutilating and burning the body of Roman-Audiffred. Cobb and Wilson are also accused of conspiracy to damage and destroy a vehicle used in interstate commerce by fire, and damaging and destroying a vehicle used in interstate commerce by fire. Defendant Reed is charged with being an accessory after the fact for assisting Cobb and Wilson.
“The Department of Justice has a capital case review process which culminates in a decision by the Attorney General regarding whether to seek, or not to seek, the death penalty against a particular defendant,” stated U.S. Attorney Kennedy. “That process is underway in this case as it pertains to defendants Jariel Cobb and Deandre Wilson.”
“For the families of Miguel, Nicole, and Dhamyl, we hope that the charges announced today will ease some of your suffering,” said Stephen Belongia, Special Agent- in-Charge of the FBI's Buffalo Office. “And to gang members and other violent criminals, if you choose to live a life fueled by greed and violence, you should know that the FBI and our law enforcement partners stand ready to do everything in our power to ensure you are held accountable for your crimes. While we can’t bring back Miguel, Nicole, and Dhamyl, we hope it brings the families some bit of peace to know that the Western New York law enforcement community came together and threw everything we had at this investigation.”
The indictment also seeks the forfeiture of currency and firearms which resulted from the drug trafficking activities of the defendants, including $16,900 in cash, two 9mm handguns, and 22 rounds of 9mm ammunition.
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Erie County Central Police Services Forensic Laboratory, under the direction of Commissioner James Jancewicz. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
The fact that a defendant has been charged with a crime is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
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Hamburg Man Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Robert Chapline, 60, of Hamburg, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr., to production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorneys Aaron J. Mango and Caitlin Higgins, who are handling the case, stated that between February 13, 2016, and October 2, 2017, the defendant coerced a minor (Victim) to engage in sexually explicit conduct for the purpose of producing visual depictions. In February 2016, the Victim was in the care of Chapline who took photographs of the Victim getting out of a shower and then posing in a bedroom. The defendant engaged in sexual contact with the Victim on several occasions between 2012 and 2017.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Hamburg Police Department, under the direction of Chief Kevin Trask; and the Regional Computer Forensics Laboratory.
Sentencing is scheduled for December 17, 2020, before Judge Geraci.
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New York City Man Arrested, Charged with Cyberstalking and Identity TheftRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that David Mondore, 29, of New York, New York, was arrested this morning in Manhattan and charged by complaint with unauthorized access to computer systems in furtherance of any criminal act in violation of state law; unauthorized access to a protected computer in furtherance of fraud; and aggravated identity theft. The unauthorized access charges carry a maximum penalty of five years in prison and a $250,000 fine. Aggravated identity theft carries a mandatory two years in prison, which must be served consecutive to any penalty imposed on other charges.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on December 5, 2019, the FBI received information that the Snapchat account of a SUNY Geneseo student (Victim l) may have been compromised. According to Victim 1, she received a message from a Snapchat account owned by an acquaintance (Acquaintance 1). The person messaging Victim 1 from Acquaintance l's account asked her for her Snapchat login credentials under the ruse that Acquaintance 1 would use Victim l's account to check whether “Acquaintance 1” had been “blocked” by another user. Victim 1 shared her credentials to the person using Acquaintance l's account. Soon after, Victim 1 received a text message purported to be from Snapchat Security indicating that her account had been locked and that she needed to provide a pin number to unlock it. The text message also advised that the pin requested would be the same pin used for Victim l's “My Eyes Only” folder in her Snapchat account. Victim 1 replied and provided the pin number for the folder.
Shortly thereafter, Victim 1 received an email from the true Snapchat, notifying her of a new device login to her account. The true Snapchat also notified Victim 1 that the email address associated with her account had been changed, preventing access to her account. Victim 1 was later made aware that the person who had gained access to her Snapchat account used her account to send an explicit photo of her, which had been saved in her Snapchat account, to 116 Snapchat users on her Snapchat friend list. The photo was captioned, “Flash me back if we are besties.” Four of Victim 1's friends responded, sending explicit pictures of themselves.
One of the friends who responded was Acquaintance 2, and like Victim 1, Acquaintance 2 was a student at SUNY Geneseo at the time. She stated that once she replied with an explicit picture of herself, she noticed that Victim 1's Snapchat account saved the photo, which Acquaintance 2 noted was unusual for Victim 1 to do. Acquaintance 2 then received a text message from Victim 1 saying that her Snapchat account had been hacked and apologized if anyone received suspicious messages from her. Acquaintance 2 then filed a police report fearing that the individual who had accessed Victim l's Snapchat account had the explicit photo Acquaintance 2 sent to Victim l's account. Subsequently, Victim 1 advised that multiple high school friends of hers from her hometown of Delmar, New York, had their Snapchat accounts hacked in a similar way. Most, if not all, of the victims attended the high school she attended and had some connection to Acquaintance 1.
A second victim, Victim 2, who lives in the Northern District of New York, filed a police report on December 7, 2019. According to Victim 2, his Snapchat account received messages from Acquaintance 3's Snapchat account requesting his login credentials for his Snapchat account. The person operating Acquaintance 3's account claimed that she deleted her Snapchat account and wanted to login from Victim 2's account to confirm her account was deleted. Victim 2 provided who he believed was Acquaintance 3 with his Snapchat login credentials. Like Victim 1, a short time later, Victim 2 received a text message purported to be Snapchat Security, indicating that his account was locked due to suspicious activity. The text message then requested Victim 2's pin number to unlock the account. Victim 2 provided his pin number, which was also the same as the pin number for Victim 2's “My Eyes Only” folder. Victim 2 was then locked out of his Snapchat account. Thereafter, Victim 2’s account was used to send a photo of male genitalia to 11 Snapchat users, with the caption “send a nude back.”
Investigators traced the phone numbers purporting to send text messages from Snapchat security and the IP addresses used to hack into the victims’ Snapchat accounts, and each resolved to the defendant, David Mondore. A search of Mondore’s iCloud account revealed the photo of Victim 1 described above; the photos that were sent to Victim 1’s Snapchat account in response to the request for explicit photos; a Snapchat conversation between Victim 1 and Acquaintance 1; and the photo of Victim 2 described above.
“This case should serve as a cautionary reminder that many individuals lurking on social media use those platforms to engage in decidedly anti-social behavior,” stated U.S. Attorney Kennedy. “As alleged, defendant engaged in multiple manipulative techniques in order to hack his way into the accounts of social media users so that he could get what he was after—explicit photographs of those users. While it may sound mundane, my advice is pretty simple and it applies whether you are communicating online or over the phone—do not share your personal information, especially your passwords, with anyone.”
“David Mondore’s alleged crimes are predatory,” said Stephen Belongia, Special Agent-in-Charge of the FBI’s Buffalo Office. “The facts in this case are all-too-familiar to us in the FBI. Here, and across the globe, we have witnessed hackings coupled with exploitation and extortion, and our agents and analysts are acutely focused on attacking this cyber-related criminal behavior. I thank the brave victims in this case who, although terrorized, came forward and reported what happened to them. And while it must have been difficult to do, by coming forward they were instrumental in keeping future names off Mondore’s long list of alleged victims.”
Anyone who believes their Snapchat account was compromised in a similar manner is asked to call the FBI at 716-856-7800.
The defendant is making an initial appearance this afternoon in the Southern District of New York, and will be returned to the Western District of New York at a later date.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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More Charges Brought Against Executive Director of NEAD and Former Chairman of the RHA, and A Co-defendantRead 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 fifth superseding indictment charging George Moses, 50, and Janis White, 58, both of Rochester, NY, with additional charges. Moses is facing additional charges of conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and money laundering. White is facing additional charges of money laundering. Moses faces up to 20 years in prison if convicted, White up to 10 years.
Assistant U.S. Attorneys Richard A. Resnick and Melissa M. Marangola, who are handling the case, stated that the new charges set forth in the fifth superseding indictment, allege that between February and August 2018, defendant Moses conspired with co-defendant Shirley Boone to defraud the Dormitory Authority of the State of New York (DASNY). In June 2016, Moses, as Executive Director of the North East Area Development Association (NEAD), applied for a $125,000 grant for renovation of the Freedom Market, owned by Freedom Community Enterprise Inc., a subsidiary of NEAD. In August 2017, the grant was approved. Between February and July 2018, Moses and Boone tricked DASNY into believing that NEAD paid Freedom Community $45,000 for construction work which never occurred. As a result, DASNY reimbursed NEAD $45,000 to which it was not entitled.
The fifth superseding indictment also alleges that defendant White, who was the Executive Secretary for the Rochester Housing Authority (RHA), and Board Secretary for the Rochester Housing Charities (RHC), started a company called HJJ Property Development Inc. (HJJ Property) in March 2018. HJJ Property, listed as a heating and air conditioning business, was technically owned by White’s mother and stepfather, but controlled by White herself. At times, White prepared a fraudulent invoice from HJJ Property addressed to the RHC which made it appear that HJJ Property had provided services to the RHC. White emailed the fraudulent invoice to defendant Moses. RHC then paid HJJ Property the amount contained on the fraudulent invoice.
On other occasions, contractors provided the RHC with an estimate for services to be performed for the RHC or NEAD. Estimates were emailed to Moses who would email them to White. In turn, White prepared a fraudulent invoice from HJJ Property addressed to the RHC, which made it falsely appear that HJJ Property would be providing the services to the RHC that were actually going to be performed by another contractor. The amount requested to be paid on the HJJ Property fraudulent invoice would be more than what the other contractor had originally requested for such services. Moses then approved the payment of the fraudulent invoice by the RHC. The additional charges against White involve her conducting monetary transactions with the proceeds of the fraud to conceal that the proceeds came from fraudulent activity.
The fifth superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man 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 Freedom Lee, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling 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 plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for December 4, 2020, at 2:00 p.m. before Judge Geraci.
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North Tonawanda Man Charged with 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 Matthew C. Ostrowski, 48, of North Tonawanda, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, after receiving a report from the National Center for Missing and Exploited Children, Homeland Security Investigations (HSI) and the North Tonawanda Police Department executed a search warrant at the defendant’s North Tonawanda residence on December 17, 2019.
A total of seven digital items were seized during the search. A forensic examination recovered 12 image files of suspected child pornography on a desktop computer. In total, 4,204 image files of suspected child pornography, and an additional 8,523 image files of child exploitative material, were recovered on the desktop computer. A vast majority of the suspected child pornography files depict minors under the age of 12, approximately 101 images depict infants or toddlers, and another approximately 48 images depict violence against minors. In addition, Google searches for child pornography were also recovered.
Following the execution of the search warrant, Ostrowski turned his iPhone over to investigators. A forensic examination of the defendant’s phone recovered text conversations that appeared to be sexually explicit conversations with minors. The first conversation spanned two days in January 2019. During this conversation, Ostrowski and a minor he believes is 16 years old discuss a sexual relationship the minor is purportedly having with his/her adult teacher. The minor corrected the defendant, telling him that he/she was 17 years old, not 16 as Ostrowski believed. In response, the defendant wrote, “Omg you where [sic] 14 When we started talking and play Im [sic] such a scumbag. A second sexually graphic conversation between Ostrowski and an unidentified individual occurred in March 2019. At one point in the conversation, the defendant references “your fertile teen age womb.”
On February 5, 2020, HSI and the North Tonawanda Police once again executed federal search warrants, seizing a new iPhone the defendant possessed, and a laptop computer. Following a forensic examination, no images of child pornography were found on the phone. However, 178 image files and five videos of suspected child pornography were found on the laptop computer. A vast majority of the suspected child pornography files depict minors under the age of 12.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the North Tonawanda Police Department, under the direction of Chief Randy Szukala.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Woman Pleads Guilty to Assault for Spitting on Postal Employee and Claiming to Have the CoronavirusRead 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 Melissa C. Daniels-Johnson, 39, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to assaulting a federal officer. The charges carry a maximum penalty of one year in prison, and a $100,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that on March 19, 2020, at approximately 6:50 p.m., the defendant drove her vehicle into the parking lot of the Cheektowaga Branch Post Office by traveling the wrong way through an exit driveway. A USPS Letter Carrier (Letter Carrier) collecting mail from the mailboxes in the parking lot advised Daniels-Johnson that she had entered the parking lot through the exit driveway. In response, the defendant shouted profanities at the Letter Carrier and threatened to cough on him to give him the Coronavirus. The manager of the Cheektowaga Branch Post Office came out to the parking lot and attempted to calm Daniels-Johnson down. The defendant subsequently drove her vehicle out of the parking lot, passing by the Letter Carrier, who had resumed collecting mail from the mailboxes. As she passed the Letter Carrier, Daniels-Johnson stopped her vehicle and told the Letter Carrier her husband was going to beat him up, and then spit on the Letter Carrier, hitting the Letter Carrier in the leg.
The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local, and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at [email protected].
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, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
Sentencing is scheduled for November 30, 2020, at 1:00 p.m. before Judge Roemer.
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Rochester Man Going to Prison for His Role in A Series of Bank Robberies by GunpointRead 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 Terrance Rainey, 35, of Rochester, NY, who was convicted of bank robbery by use of a dangerous weapon, was sentenced to serve 240 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay $30,208.00 in restitution.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on May 25, 2016, Rainey and co-defendant Latrell Parson robbed the First Niagara Bank on Winton Road in Henrietta, NY. The two men entered the bank, and Parson approached the teller, pointed an air pistol that appeared to be a semi-automatic handgun at her, handed her a bag and ordered her to fill it with money. At the same time, Rainey held the other bank employees at gunpoint with an air pistol that appeared to be a semi-automatic handgun. The teller complied with Parson’s demand, and Parson and the defendant then exited the bank and drove away in a vehicle. They then set fire to that car in the back parking lot of a bowling alley on Jefferson Road in Rochester.
On July 14, 2016, Rainey and Parson robbed the Chase Bank on State Route 31 in Macedon, NY. The defendant and Parson entered the bank wearing hooded sweatshirts, masks, and gloves, each brandishing a semi-automatic pistol, and ordered bank employees to get on the floor. Parson handed a bag to a teller and demanded that money be placed in the bag. The teller complied and Parson and the defendant then fled the bank in a SUV. Parson and Rainey then abandoned that vehicle behind a plaza adjacent to the bank.
On October 18, 2016, Rainey and Parson robbed the M&T Bank located on Oak Orchard Road in Elba. The two men entered the bank wearing hooded sweatshirts with face coverings and gloves, and pointed handguns at the employees. Parson threw a bag to one of the bank employees, ordering her to fill it with cash. The teller complied, and Parson and the defendant took the money and fled the bank, got into a car, and drove away. They then pulled into a vacant lot, switched vehicles, and left the area.
Latrell Parson was previously convicted and sentenced to serve 141 months in prison.The sentencing is the result of an investigation by the New York State police, under the direction of Acting Major Barry Chase; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.; the Macedon Police Department, under the direction of Chief John P. Colella; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Pittsford Man Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luke Vuittonet, 19, of Pittsford, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography. The charge carries carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of 30 years in prison, and a $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between August 6 and August 12, 2019, the defendant produced digital photographs depicting a 13-year-old minor victim engaged in prohibited sexual conduct. The images were produced on Vuittonet’s cellular telephone.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
Sentencing is scheduled for December 1, 2020, at 9:30 a.m. before Judge Siragusa.
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North Hornell Man Indicted on Federal Tax 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 grand jury has returned a five-count indictment charging Justin Terwilliger, 40, of North Hornell, NY, with filing false tax returns. The charges carry a maximum penalty of three years in prison, and a $250,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, for calendar years 2013 through 2017, the defendant prepared and filed false tax returns with the Internal Revenue Service. These returns falsely reported that Terwilliger had little or no taxable income, even though in fact he had substantial taxable income of approximately $125,000 in 2013, $190,000 in 2014, $201,000 in 2015, $185,000 in 2016, and $249,000 in 2017.
The defendant was arraigned before U.S. Magistrate Judge Marian W. Payson. Terwilliger is presently in custody serving an unrelated state sentence.
The indictment is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Leader of Rochester Drug Trafficking Conspiracy Going to Prison for 10 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Casado, 32, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, fentanyl, heroin, cocaine, and crack cocaine, was sentenced to serve 121 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that the defendant was the leader of a Rochester-based drug trafficking conspiracy. Between December 2017 and May 15, 2019, Casado conspired with multiple co-defendants to sell fentanyl, heroin, cocaine, and crack cocaine out of drug houses located on Clifford Avenue and Treyer Street in Rochester. The defendant obtained bulk quantities of the drugs from various suppliers, which he and other members of the conspiracy would then repackage for individual sale. During the course of the conspiracy, the Drug Enforcement Administration made 13 controlled purchases from the defendant or a co-defendant.
On March 14, 2019, a search warrant was executed at 467 Clifford Avenue. Investigators recovered 19 bags of fentanyl, nine bags of powder cocaine, nine bags of crack cocaine, materials used to package controlled substances for distribution, 1,800 rounds of .22 caliber ammunition, and 50 shotgun shells. On May 15, 2019, a second search warrant was executed at 467 Clifford Avenue. During that search, investigators recovered a .22 caliber pistol. Also on May 15, 2019, a search warrant was executed at 125 William Warfield Drive in Rochester, and investigators found and seized $3,970.00 in cash hidden in a heating duct.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Buffalo Man Pleads Guilty to Lying on the Stand While Testifying About A Murder in A Federal TrialRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Singletary, a/k/a Freeze, 38, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to obstructing an official proceeding. The charge carries a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorneys Justin G. Bish, Charles J. Volkert, Jr., and Meghan A. Tokash, who are handling the case, stated that in January 2010, the defendant informed his New York State parole officer that he had information concerning the murder of Jabril Harper, which occurred on December 16, 2009, and the robbery of Morris Singer, which occurred on January 4, 2010.
On January 11, 2010, Singletary provided a signed, sworn statement to the Buffalo Police Department. In the statement, the defendant said that Rodshaun Black came to his house on December 23, 2009, and told him that he and Ernest Green had robbed and killed Jabril Harper in Roosevelt Park after the victim began fighting them. Singletary also told the detectives that Black admitted the murder of Jabril Harper was part of a $10,000 contract killing. The defendant shared these details once again on December 6, 2011, while testifying before a federal grand jury.
On October 25, 2017, representatives of the United States Attorney’s Office and the FBI met with Singletary to prepare Singletary for testimony in the trial of Rodshaun Green and Ernest Black. An Assistant U.S. Attorney (AUSA) reviewed the January 11, 2010, sworn statement the defendant made to the Buffalo Police Detectives and the defendant’s sworn grand jury testimony from December 6, 2011. Singletary expressed reluctance to testify and did not want to read his prior Buffalo Police statement or his grand jury testimony, so the AUSA read it to the defendant and Singletary agreed that both his Buffalo Police statement and his grand jury testimony were true and accurate.
On November 29, 2017, representatives of the United States Attorney’s Office and the FBI again met with the defendant prior to his trial testimony scheduled for that day. Singletary again expressed reluctance to testify, but agreed to do so. The defendant told the government representatives that he had a problem testifying in front of Rodshaun Black’s mother because he had known her for a long time. Singletary then refused to review his grand jury testimony from December 6, 2011, and the statement he gave to Buffalo Police detectives on January 11, 2010, but said he was not worried because everything he had said previously was true.
On November 29, 2017, the prosecution called Singletary as a witness in United States v. Rodshaun Black and Ernest Green, et al., an official criminal trial proceeding in United States District Court for the Western District of New York. The defendant was sworn and then testified falsely and evasively. Specifically, Singletary: denied ever speaking to Rodshaun Black about the Jabril Harper murder; denied knowing Rodshaun Black’s mother; denied discussing his relationship with Rodshaun Black’s mother with an FBI agent and an AUSA earlier that day in preparation for his trial testimony; denied that he learned about Jabril Harper’s murder directly from Rodshaun Black; and testified that his prior statement to the Buffalo Police Department consisted of information he was told to say by the detectives who interviewed him.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
Sentencing is scheduled for November 12, 2020, at 1:30 p.m. before Judge Geraci.
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Buffalo Man Going to Prison for Speeding Through Lewiston Border Crossing in A Stolen CarRead 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 Raison Holt, 25, of Buffalo, NY, who was convicted of high speed flight from a border checkpoint, was sentenced to serve 20 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on January 20, 2020, around 6:00 a.m., the defendant was driving a motor vehicle on the Lewiston-Queenstown Bridge, heading into Canada. Before entering Canada, Holt turned around in the middle of the bridge and drove toward the United States at the Lewiston Bridge Port of Entry in Lewiston. Despite numerous “stop” signs posted by U.S. Customs and Border Protection, the defendant failed to stop for federal inspection.
At a vehicle check point just past the initial inspection gate, a CBP officer verbally ordered Holt to stop, but the defendant ignored the command and accelerated on Interstate 190, and then onto the route 104 exit ramp. CBP vehicles gave chase in pursuit of the defendant’s speeding vehicle. Officers witnessed Holt lose control of his vehicle and crash into a ditch on the side of the road. The defendant attempted to run away but officers took the Holt into custody. It was subsequently determined that the vehicle the defendant was driving was stolen. Holt was turned over to the Buffalo Police Department for an outstanding arrest warrant for Grand Larceny and Unauthorized Use of a Motor Vehicle.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
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Buffalo Man Going to Prison for Robbing Four Banks, Attempting to Rob A Fifth Bank, and Threatening His Ex-GirlfriendRead 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 Vincent Gibson, 39, of Buffalo, NY, who was convicted of bank robbery, entering a bank with intent to commit a larceny, bank larceny, and interstate communication of a threat to injure a person, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $5,000 to M&T Bank.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that the defendant committed four bank robberies, and attempted to rob a fifth bank:
• On September 11, 2017, Gibson robbed the M&T Bank located at 1300 Jefferson Avenue in Buffalo;
• On September 13, 2017, the defendant attempted to rob the Key Bank at 592 Elmwood Avenue in Buffalo;
• On September 13, 2017, Gibson robbed the M&T Bank located at 130 Grant Street in Buffalo;
• On September 18, 2017, the defendant robbed the M&T Bank at 644 Bailey Avenue in Buffalo; and
• October 10, 2017, Gibson robbed the M&T Bank at 1877 Main Street in Buffalo.In addition, on October 14, 2018, a woman with whom Gibson has a child, was threatened by the defendant via text message after she ended their relationship. Those threats included statements such as, “I'm (sic) kill you and I mean it,” “I'm about to get your kids,” and “I be at your house you die.”
The sentencing is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Kenmore Man Charged with Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Rubel, 38, of Kenmore, NY, was arrested and charged by complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, a parent filed a report with the Town of Tonawanda Police Department, alleging that the defendant had been texting his daughter, who recently turned 16 years-old (Victim), and that some of the texts he observed were sexual in nature. The parent observed inappropriate images on his daughter’s cell phone within a text thread between the Victim and Rubel.
With the consent of the Victim’s father, a Town of Tonawanda Detective searched the cell phone and observed the text messages, some of which included sexual images. According to the complaint, investigators also searched the defendant’s cell phone and recovered sexual images, including two videos, that were also found on the Victim’s cell phone, within the string of text messages between Ruble and the Victim.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions, to include home detention.
The complaint is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Justice Department Settles with Gates Chili Central School District to Ensure Equal Access for Students with Service AnimalsRead the Press Release
The Justice Department announced today that it reached an agreement with the Gates Chili Central School District in Rochester, New York, to resolve the department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).
The department’s complaint alleges that the school district denied a student with disabilities equal access to school by conditioning her use of a service dog on her parent providing a full-time dog handler, despite the student’s demonstrated ability to control and handle her service dog with minimal assistance and the service dog’s extensive training to serve and respond to the student and follow school routines. Ultimately, the family relocated to another school district where the child could exercise her right to use her service dog without unnecessary and discriminatory conditions. Since their move two years ago, the student has successfully acted as the handler of her service dog in her new school.
“For years, the school district in this case violated the Americans with Disabilities Act by limiting this child’s use of her service dog based on unfounded assumptions and generalizations about her disabilities,” said Assistant Attorney General Eric Dreiband. “Families should not have to uproot their lives, disrupt their child’s education, move away from friends, and pay tens of thousands of dollars because a school district fails or refuses to respect the civil rights of children. Service animals today are trained to perform tasks that foster autonomy and independence for students with a myriad of disabilities. This agreement sends a powerful message that the Justice Department is committed to ensuring that no child with a disability is limited in what he or she can achieve because of the fears or prejudices of others.”
“The ADA guarantees individuals with disabilities equal access and equal opportunity in all areas of community life, including in schools,” said James P. Kennedy, Jr., U.S. Attorney for the Western District of New York. “This agreement is an important step forward in ensuring that students with disabilities can fully participate at school and in all educational programs.”
Under the settlement agreement, the school district revised its Service Animal Policy consistent with the ADA and the district court’s rulings in this case and will train staff on the revised policy. The school district also agreed to provide reasonable modifications to facilitate the use of a service dog by a student with a disability. Such modifications include the types of minimal assistance the school district refused to provide the student in this case, such as helping to tether or untether a service dog, assisting a student to get water for a service dog, and prompting a student to issue commands to a service dog. In addition, the school district will pay the student’s mother $42,000 for out-of-pocket expenses and damages for emotional distress. This matter was jointly litigated by the department’s Civil Rights Division and the U.S. Attorney’s Office for the Western District of New York.
July 26, 2020 marked the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Settles with Gates-Chili Central School District to Ensure Equal Access for Students with Service AnimalsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, NY – The Justice Department announced today that it reached an agreement with the Gates Chili Central School District in Rochester, New York, to resolve the Department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).
The Department’s complaint alleges that the School District denied a student with disabilities equal access to school by conditioning her use of a service dog on her parent providing a full-time dog handler, despite the student’s demonstrated ability to control and handle her service dog with minimal assistance and the service dog’s extensive training to serve and respond to the student and follow school routines. Ultimately, the family relocated to another school district where the child could exercise her right to use her service dog without unnecessary and discriminatory conditions. Since their move two years ago, the student has successfully acted as the handler of her service dog in her new school.
Under the settlement agreement, the School District revised its Service Animal Policy consistent with the ADA and the district court’s rulings in this case and will train staff on the revised policy. The School District also agreed to provide reasonable modifications to facilitate the use of a service dog by a student with a disability. Such modifications include the types of minimal assistance the School District refused to provide the student in this case, such as helping to tether or untether a service dog, assisting a student to get water for a service dog, and prompting a student to issue commands to a service dog. In addition, the School District will pay the student’s mother $42,000 for out-of-pocket expenses and damages for emotional distress. This matter was jointly litigated by the Department’s Civil Rights Division and the U.S. Attorney’s Office for the Western District of New York.
“For years, the School District in this case violated the Americans with Disabilities Act by limiting this child’s use of her service dog based on unfounded assumptions and generalizations about her disabilities,” said Assistant Attorney General Eric Dreiband. “Families should not have to uproot their lives, disrupt their child’s education, move away from friends, and pay tens of thousands of dollars because a school district fails or refuses to respect the civil rights of children. Service animals today are trained to perform tasks that foster autonomy and independence for students with a myriad of disabilities. This agreement sends a powerful message that the Justice Department is committed to ensuring that no child with a disability is limited in what he or she can achieve because of the fears or prejudices of others.”
“The ADA guarantees individuals with disabilities equal access and equal opportunity in all areas of community life, including in schools,” said James P. Kennedy, Jr., U.S. Attorney for the Western District of New York. “This agreement is an important step forward in ensuring that students with disabilities can fully participate at school and in all educational programs.”
July 26, 2020 marked the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the Department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Buffalo Woman Pleads Guilty to Conspiring to Sell Heroin, Cocaine, and FentanylRead 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 Lisa Holmes, 34 of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute and to distribute, heroin, fentanyl, cocaine, and butyryl fentanyl. The charge carries a maximum sentenced of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that between April 2019 and September 2019, the defendant conspired with others to sell heroin, cocaine, fentanyl, and butyryl fentanyl. In April and May 2019, Holmes sold narcotics to an individual working with investigators on six occasions.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Hamburg Police Department, under the direction of Chief Kevin Trask.
Sentencing will be scheduled at a later date before Judge Skretny.
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Buffalo Man Going to Prison for His Role in Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Cooley, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute cocaine and crack cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in the early morning hours of June 3, 2018, the defendant was driving a vehicle stopped by the Buffalo Police Department after it was observed committing traffic violations for excessive tinted windows and speeding. Officers searched the vehicle after detecting a strong odor of marijuana coming from it. Quantities of suspected cocaine and crack cocaine were recovered, along with marijuana, a scale, gloves, packaging, and seven cellphones.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Former Rochester Resident Going to Prison for 20 Years for Producing 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 David Roy Jones, 55, formerly of Rochester, NY, was sentenced to serve 20 years in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney John J. Field, who handled the case, stated that in the summer of 2006, the defendant produced child pornography involving two minors, one of whom was under Jones’ custody, care, and control. Jones, who produced the images and videos in the Rochester area over a period of years, did so after giving his minor victims alcohol and drugs. The defendant, after saving pornographic images of the minors to multiple storage media devices, transported them from New York to Tennessee. Jones was subsequently arrested and convicted in Tennessee on similar charges involving other minors.
Upon hearing of Jones’ arrest in Tennessee, one of his Rochester victims, who is now an adult, contacted the FBI to report what had occurred to her during her childhood. The victim reported that the defendant, while in Rochester, groomed and sexually abused her for many years.
The sentencing is the result of an investigation by the Hamblen County, Tennessee, Sheriff’s Office, under the direction of Sheriff Esco R. Jarnagin, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Florida Man Pleads Guilty to Threatening A VA EmployeeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael F. Hanley, 49, of Clearwater, Florida, pleaded guilty, before U.S. Magistrate Judge Michael J. Roemer, to threatening a federal employee. The charge carries a maximum penalty of one year in prison and $100,000 fine.
Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that the defendant was formerly employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner. During his tenure at the VA, Hanley became acquainted with another VA employee (Victim), and the two had a history of contentious interactions.
The defendant left a series of similar voicemails on the Victim’s phone between October 15, 2018, and November 13, 2019, in which he threatened to kill the Victim and the Victim’s family.
The plea is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.
Sentencing is scheduled for November 18, 2020, at 10:30 a.m. before Judge Roemer.
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United States Attorney Applauds Pardon of Susan B. AnthonyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, NY – U.S. Attorney James P. Kennedy, Jr. is thanking President Trump for pardoning Susan B. Anthony today, on the centennial of the ratification of the 19th Amendment to the U.S. Constitution.
U.S. Attorney Kennedy stated, “On behalf of the citizens of Western New York, I commend and thank President Trump for his decision to pardon, Susan B. Anthony, our courageous native sister who, from our little corner of this great Nation, launched the Suffrage movement and spent her adult-life fighting tirelessly for abolition, educational reforms, and women’s rights. Anthony’s efforts transformed our Constitution and, with it, our country, and the President’s pardon of her on the centennial of the ratification of the 19th Amendment reminds us that Anthony’s quest for equality, freedom, and justice is one that continues today.”
Susan B. Anthony, 1820 – 1906, moved to upstate New York in 1826 and spent most of her life pursuing recognition of women’s rights, and particularly the right to vote. Anthony campaigned for women’s suffrage for over 50 years. Her tireless advocacy, passion, perseverance, leadership, and ultimately persuasive effect was such that the 19th Amendment to the U.S. Constitution granting women the right to vote became known as the Susan B. Anthony amendment. A fighter to the end, Anthony’s last speech, a month before her death, concluded “failure is impossible!”
Anthony was able to vote in a state or federal election only once in her life, and it resulted in her criminal conviction.
An indictment returned by a grand jury in Albany on January 24, 1873, charged Anthony with voting in Rochester (then) in the Northern District of New York, on November 5, 1872, “for a Representative in the Congress of the United States . . . without having a lawful right to vote in said election district (the said Susan B. Anthony being then and there a person of the female sex).”
U.S. Supreme Court Justice Ward Hunt presided at the trial, conducted July 17-19, 1873 in U.S. Circuit Court for the Northern District of New York in Canandaigua . Three witnesses testified that: Anthony had been permitted to register to vote upon her claim that her right to do so rested not on the New York Constitution, which excluded women, but on the 14th Amendment to the Constitution of the United States; when Anthony voted on November 5, 1872, her right to do so was not challenged; Anthony’s counsel had advised her, before the election, that the laws and Constitution of the United States authorized her to vote and to do so if the inspectors would receive her vote; and, Anthony had testified in a preliminary proceeding that she had no doubt of her right to vote and would have done so had she not consulted her counsel.
Justice Hunt instructed the jury that: “Assuming that Miss Anthony believed she had a right to vote, that fact constitutes no defense if in truth she had not the right. She voluntarily gave a vote which was illegal, and thus is subject to the penalty of the law. Upon this evidence I suppose there is no question for the jury and that the jury should be directed to find a verdict of guilty.”
Anthony had not been allowed to testify, but was afforded an opportunity to speak before sentence was pronounced. She said to Justice Hunt: “in your ordered verdict of guilty, you have trampled under foot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored. Robbed of the fundamental privilege of citizenship, I am degraded from the status of a citizen to that of a subject; and not only myself individually, but all of my sex, are, by your honor's verdict, doomed to political subjection under this, so-called, form of government. . . Your denial of my citizen's right to vote, is the denial of my right of consent as one of the governed, the denial of my right of representation as one of the taxed, the denial of my right to a trial by a jury of my peers as an offender against law, therefore, the denial of my sacred rights to life, liberty, property.”
Justice Hunt sentenced Anthony to pay a $100 fine and the costs of prosecution. She responded, “I shall never pay a dollar of your unjust penalty.” Justice Hunt replied, “Madam, the Court will not order you committed until the fine is paid.” The nature of the trial and sentence meant there could be no appeal.
Eleven other women were indicted for voting illegally, but a nolle prosequi was entered for each of them. The three elections inspectors who had received the votes were convicted at trial after Anthony’s. They were fined but refused to pay and eventually were jailed and then pardoned by President Ulysses S. Grant.In January of 1874, Anthony petitioned Congress to remit her fine, but a bill to do so did not pass.
Anthony continued to advocate for women’s suffrage for 32 more years, including serving as president of the National American Woman Suffrage Association from 1892-1900. On August 18, 1920, fourteen years after Anthony’s death, her goal was achieved by the ratification of the 19th Amendment, providing that: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
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Jamestown Woman Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Brandi M. Whitford, 24, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to maintaining a drug-involved premises. The charge carries a maximum penalty of 20 years in prison, and a $500,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between September 2019 and October 23, 2019, the defendant and co-defendant Richard E. Kinsey Jr. used a residence on Newland Avenue in Jamestown, to manufacture, distribute, and use methamphetamine. On September 6, 2019, investigators executed a New York State search warrant at the residence, recovering three firearms. A fourth firearm was thrown from the residence during the execution of the search warrant. Investigators also recovered methamphetamine throughout the residence, approximately $12,045 in US currency, assorted ammunition, and drug paraphernalia, including scales and packaging material.
Charges remain pending against defendant Kinsey. 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.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and the Jamestown Metro Drug Task Force, under the direction of Acting Jamestown Police Chief Timothy Jackson.
Sentencing will be scheduled at a later date.
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Jamestown Man Pleads Guilty to Selling MethRead 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 S. Dean, 44, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a fine of $10,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that the defendant was a drug trafficking associate of co-defendant Douglas Beardsley. During the conspiracy, Dean would go over to Beardsley’s residences on Linden and Forest Avenues in Jamestown several times a week and pick up ounces of methamphetamine and grams of heroin to sell for Beardsley. At times, Beardsley would “front” the narcotics to the defendant to sell. Dean and Beardsley would often communicate about their drug trafficking, including through their Facebook accounts.
On January 6, 2019, local law enforcement observed a suspicious male, later identified as the defendant. Dean became evasive and ran from officers. Shortly thereafter, the defendant was taken into custody and arrested on an outstanding warrant. Dean was transported to the Jamestown City jail where a subsequent search revealed that he possessed methamphetamine, heroin, plastic baggies, a digital scale, and Dimethyl Sulfone, a common cutting agent for methamphetamine. On March 21, 2019, the defendant pleaded guilty in Chautauqua County Court to Criminal Possession Controlled Substance-5th: Intent To Sell and Criminal Sale Controlled Substance-5th Degree.
Charges remain pending against Douglas Beardsley. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The federal 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 Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson.
Sentencing is scheduled for November 23, 2020, at 12:30 p.m. before Judge Arcara.
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Randolph Man Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Alexander Carnahan, 27, of Randolph, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorneys Charles M. Kruly and Elizabeth R. Moellering, who are handling the case, stated that according to the complaint, on June 9th, 2020, the Jamestown Police Department responded to a residence for a report of alleged child sexual abuse involving an 11 year-old (Victim). The Victim’s mother advised officers that another one of her children gave her a cell phone belonging to the defendant, who was staying with the family, and told her that there were nude images of the Victim on the phone. The Victim’s mother searched the phone and found what she believed to be nude images of the Victim. The mother then kicked Carnahan out of the family residence.
On June 16, Jamestown Police Officers executed a state search warrant on the defendant’s phone but did not locate any images or videos depicting child pornography. On June 17, 2020, a federal search warrant was executed on the defendant’s Google account. Investigators recovered several images and videos that appeared to match descriptions provided by the Victim’s mother. The investigation determined that the defendant transferred the images and videos from his phone to his Google account. Investigators also recovered child pornography images that Carnahan did not produce himself.
On August 13, 2020, a search warrant was executed at the defendant’s current residence in Randolph. A second warrant authorized photographs of Carnahan’s hands to determine whether his hands matched a hand seen in the images of child pornography recovered by investigators.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Ohio Man Sentenced for Gun TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Diones Bowens, 24, of Ashtabula, Ohio, who was convicted of conspiracy to transfer firearms purchased outside of state of residency, was sentenced to serve two years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Joshua A. Violanti, who handled the case, stated that between November 2017 and May 11, 2018, the defendant, without being a licensed firearm importer, manufacturer, dealer, or collector, conspired with Robert L. Williams, Jr., to transport firearms into New York State from the State of Ohio. Bowens conducted straw purchases of firearms in Ohio in his own name, while knowing that the firearms were actually paid, and intended, for Williams, who lived in New York.
Robert Williams was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, New York Field Division, under the direction of Special Agent-in-Charge John B. Devito, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Jamestown Man Indicted on Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Wade J. Paulisick, Jr., 22, of Jamestown, NY, with possessing with intent to distribute 100 grams or more of acetyl fentanyl, 40 grams or more of fentanyl, five grams or more of methamphetamine, buprenorphine, possession of a firearm in furtherance of drug trafficking activities, and possession of a stolen firearm. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the indictment and a previously filed complaint, on September 26, 2019, the Jamestown Metro Drug Task Force and the Jamestown Police Swat Team executed a search warrant at the defendant’s Tower Street residence. Officers recovered a quantity of suspected fentanyl and methamphetamine, as well as a handgun.
The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office and Sheriff Timothy 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.
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Jamestown Man Going to Prison for 6 1/2 Years for His Role in A Drug Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Bryan Ferrer-Vazquez, 27, of Jamestown, NY, who was convicted of conspiracy to distribute one kilogram or more of heroin, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who handled the case, stated that beginning in early 2016, Ferrer-Vazquez distributed heroin and cocaine for a drug trafficking organization led by co-defendant Sigfredo Martinez. The defendant was responsible for the “day shift” transactions, while another co-defendant, Alex Mercado, was responsible for “night shift” transactions. Ferrer-Vazquez would receive a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to users and lower-level dealers. The defendant then turned over the proceeds to Martinez and took payment for his role in the distribution.
During the course of the investigation, the Drug Enforcement Administration conducted three controlled purchases of heroin and cocaine from Ferrer-Vazquez, who was arrested on April 6, 2017, at his Buffalo Street residence. A federal search warrant was executed at the residence and investigators recovered 19 cellphones, a quantity of suspected cocaine hidden in lunchboxes in the rafters of the basement, a quantity of suspected heroin, $2,994 in cash, three ledger notebooks, and a scale. A loaded.380 caliber semi-automatic handgun was found wrapped in rags and a plastic shopping bag locked inside a cabinet in the detached garage.
Alex Mercado and Sigfredo Martinez were both previously convicted and sentenced to serve 120 months and 175 months in prison respectively.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Chautauqua County Sheriff’s Department, under the direction of Sheriff James B. Quattrone; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; the New York State Police, under the direction of Major James Hall; and the Dunkirk Police Department, under the direction of Chief David Ortolano.
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Burt Man Going to Prison for Five Years for 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 Adam Williams, 33, of Burt, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on October 3, 2017, investigators executed a search warrant at the defendant's residence after discovering that Williams was utilizing a peer-to-peer network to distribute child pornography. Items seized from the defendant's residence that contained child pornography included a laptop computer, and a hard drive. A forensic analysis recovered in excess of 11,000 images and 290 videos of child pornography on the laptop and hard drive. Some of images included prepubescent minors and depictions of violence.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Olean Woman Pleads Guilty to Selling FentanylRead 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 Mary Kettle, 36, Olean, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, butyryl fentanyl. The charge carries 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 between July 2018 and December 30, 2018, the defendant conspired with Erin Cameron and others sell butyryl fentanyl.
On October 22, 2018, the Bureau of Indian Affairs, Drug Enforcement Administration, and the Southern Tier Regional Drug Task Force set up a controlled purchase of butyryl fentanyl with Erin Cameron. The delivery of the butyryl fentanyl was made by the defendant. A second controlled purchase of butyryl fentanyl was made on February 6, 2019, and once again Kettle made the delivery.
Erin Cameron was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for December 9, 2020, at 2:00 p.m. before Judge Sinatra.
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Buffalo Man Arrested, Charged with 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 Samuel Mara, 24, of Buffalo, NY, was arrested and charged by criminal complaint with posting a video on Facebook threatening to injure or kill another person. The charge carries a maximum penalty of five years in prison and a $250,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the 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].”
According to investigators, the defendant made multiple threatening posts on social media accounts he controlled, including:
• On June 16, 2020, Mara posted on Facebook: “Hey slave (redacted social media name known to law enforcement).. I’ll be at the Niagara Square today around 2-3 for a few hrs, if you or [Victim 1] the ROBOT wanna talk to me MAN to MAN then come see ME, we can do it without cameras as well idc.”
• On June 18, 2020, Mara posted a photo on Instagram of an apparent reddish-brown handprint on the McKinley Monument in Niagara Square. The text below the photo read, “samplicitybrand MY blood (syringe icon) MY kingdom (crown icon).” Mara tagged the social media accounts of [Victim 1], the Buffalo Police Department, the Governor of New York State, and A.B., a Buffalo Police Officer.
• Also on June 18, 2020, Mara posted a video on Instagram of himself sitting on the McKinley monument. The text across the video read, “Come take me off MY throne.. I dare you.” During the video, Mara shows a large reddish-brown stain between his feet and says, “That’s my blood.” The defendant then shows a reddish-brown handprint on the monument and states, “That’s my (expletive) hand.” Mara then returns the camera to show his face and states, “Do something about it, take me down. Come here right now, take me down, and come take me off this (expletive).”
• In a June 24, 2020, post on Twitter, which included a screenshot from the social media account of [Victim 1], Mara listed the phone number for the Buffalo Employment Training Center. The text above the photograph read, “I will haunt you for the rest of your life; I already know I am in your soul. Now I will get deeper and deeper. My anger is inexplainable and you will FEEL it.”
• Mara posted a second Tweet on June 24, 2020, which read, “You really got me angry now bra.. you made the WORST decision you could’ve possible made, y’all NEVER try this shit when I’m here.” In that post, the defendant tagged the social media accounts of [Victim 1], the Buffalo Police Officer A.B., and the Buffalo Police Department.
• On June 25, 2020, Mara posted a 37 second video on Instagram showing several individuals from the middle of the street. Police officers are seen facing the crowd as [Victim 1] is walking down the street to a parked car. The defendant is seen with a backpack on walking towards [Victim 1], getting within a several feet of [Victim 1]. A police officer is then seen preventing Mara from approaching and getting any closer. The text below the video read, “samplicitybrand IS THIS YOUR KING???” The Buffalo Police Department was tagged in the post.
• On July 3, 2020, Mara posted four photos of [Victim 1] on Twitter. One photograph showed [Victim 1] wearing a suit and shaking hands with an individual. Another photograph, apparently from a different event, shows [Victim 1] wearing a t-shirt and baseball hat hugging an individual. The text above the photographs read, “Lol really? I know that YOU know MOST ppl won’t see this and see the DIRECT hidden message you’re sending to racists… you really holding a blue lives matter flag man I’m showing you ZER0 mercy when the time comes.. you continue to make me angry.” Victim 1 was tagged in the post.
• The following day, on July 4, 2020, Mara posted a 28 second video on Instagram taken from the sidewalk filming up the driveway of Victim 1’s residence. The defendant commented, “gotta be quicker than thaaat (first name of [Victim 1]).” Mara can also be heard shouting, “yo (first name of [Victim 1]). Can we talk?” At that time, Mara points the camera up the driveway and zooms in on Victim 1 who can be seen standing in the driveway carrying a recycling bin.
• On July 5, 2020, the defendant posted on Snapchat a text which read, “Your son’s soul is next.. warn him.” Another post appears to be a screen capture from a Facebook Messenger direct message conversation between Mara and Victim 1’s son. The text reads:
Sammy Jay: I want your soul
Sammy Jay: Give it to me or I’ll take it from you, thru your eyes.
Sammy Jay: A screenshot of Mara’s feet from the McKinley Monument with the reddish-brown stain on June 18, 2020.
Sammy Jay: That’s my hand.. come do something about it since your father isn’t man enough.On July 15, 2020, Mara posted a 17 minute video on Facebook showing the driveway of his residence. Text for the video read, “COPS HERE!!!!!!” Buffalo Police Officers are seen standing in the driveway of the residence, along with members of Erie County Crisis Services who are attempting to speak with Mara. The defendant is agitated and can be heard accosting the individuals. At one point in the video, Mara is walking towards one of the police officers and says, “little (expletive) gun too, lucky I don’t take that shit.” The defendant tells the individuals repeatedly that he will not answer to his name, he will only speak to them if they refer to him as, “King Caeser.” Mara was admitted to ECMC where he remained until July 27, 2020. The defendant began uploading new content on social media in the afternoon of July 27, 2020.
On July 18, 2020, the office of Victim 1 was notified by ECMC of a potential threat against his or her person.
On July 29, 2020, Mara posted on Instagram: “No Mercy Buffalo Police Department [Victim 1].” The text was linked directly to the Buffalo Police Department’s official Facebook page and [Victim 1]’s official Facebook page.
“Much as an act of violence is not a Constitutionally protected form of protest, an actual threat of violence is not a Constitutionally protected form of speech,” stated U.S. Attorney Kennedy. “As alleged in the criminal complaint, the defendant’s actions here crossed the line from protected speech to prosecutable conduct.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on August 12, 2020, at 10:30 a.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the 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.
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Twice Convicted Felon Indicted by A Federal Grand Jury for Possessing A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Ernest Green, a/k/a Fire, 37, of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and evidence presented by the Government at the defendant’s arraignment today before U.S. Magistrate Judge Jeremiah J. McCarthy, on July 26, 2020, Green drove a vehicle through the Towne Gardens Housing Complex and opened fire with a gun. The defendant then crashed the vehicle into a tree, got out, and ran. Green was seen on video running in an easterly direction, and the firearm he allegedly used in the shooting was found five blocks east of where it occurred.
In November 2004, Green was convicted of a felony in Erie County Court. In October 2010, Green was convicted of a felony in New York State Court. As a result of those convictions, he is legally prohibited from possessing a firearm.
The government requested that Green be detained and he is being held pending a decision by Judge McCarthy on the government’s request.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the 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.
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Rochester Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Wehs, 24, of Rochester, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve eight months home confinement and eight years supervised release by U.S. District Judge Elizabeth A. Wolford. The defendant will also have to register as a sex offender.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that members of the FBI’s Child Exploitation Task Force executed a search warrant on September 18, 2019, at the defendant’s residence in Rochester following a cybertip from an online social media company. The tip indicated that an account holder had uploaded an image of child pornography using the company’s messaging application. Investigators ultimately traced the child pornography to Wehs’ Rochester apartment. The defendant’s computer was seized and a preliminary review recovered multiple images and videos of child pornography.
The sentencing is the result of an investigation by the Federal Bureau of Investigation's Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
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Lyndonville Man Sentenced 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 Nolan Donald, 21, of Lyndonville, NY, who was convicted of being an unlawful drug user in possession of firearms and ammunition, and possessing with intent to distribute, and distributing marijuana, was sentenced to serve three years home confinement by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that between February 2018 and April 18, 2018, the defendant was addicted to, or was an unlawful user of, marijuana. On April 18, 2018, Donald was arrested following the execution of a search warrant at his residence on North Lyndonville Road. Inside the residence, investigators recovered a 9mm, semi-automatic pistol, loaded with eight rounds of ammunition; a 12-gauge shotgun; 79 rounds of ammunition; a small quantity of marijuana; edible marijuana cookies; and plastic baggies.
Following his arrest, the defendant admitted that he sold marijuana for approximately two years preceding his arrest and continued to sell marijuana and other marijuana products up until the time of his arrest. Donald also stated that he had used marijuana every day for the past year and a half.
Between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application "Snapchat" in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.
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.
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Utica Fentanyl Trafficker 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 Clifford Billins, 41, of Utica, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, fentanyl, crack cocaine, and heroin, was sentenced to serve 151 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that between September 2017 and August 2018, the defendant conspired with others to sell fentanyl, crack cocaine, cocaine, and heroin. Billins routinely trafficked bulk quantities of illegal narcotics, which were then redistributed to individual drug users in the Rochester and Utica areas.
The sentencing is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County District Attorney’s Office, under the direction of the District Attorney Sandra Doorley; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.
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Grand Island Man Arrested, Charged with Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that David Montemage, 37, of Grand Island, NY, was arrested and charged by criminal complaint with possessing with intent to distribute marijuana, maintaining a drug involved premises, and possession of a firearm in furtherance of drug trafficking crimes. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, and a $500,000 fine.
Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the complaint, on August 5, 2020, 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 the search warrant at a residence on Blue Pointe Lane on Grand Island. During the search of the 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.
Investigators believe Montemage, who was arrested at the conclusion of the search warrant execution, has been involved in the trafficking and distribution of drugs for over 10 years.
The complaint 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 Acting 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.
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Former Newark High School Faculty Member Returned to the Western District of New York to Face Child Exploitation 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 Matthew Holland, 28, of Newark, NY, who was arrested in Leesburg, Virgina, on July 17, 2020, has been returned to the Western District of New York to face charges which have been filed against him here. Specifically, defendant, who has been charged in the Western District of New York in a criminal complaint with production, receipt, and possession of child pornography, and online enticement of a minor, made an initial appearance today in Rochester before U.S. Magistrate Judge Marian W. Payson, and is being held pending a detention hearing on August 11, 2020.
Anyone with information concerning Matthew Holland or the social media accounts listed below is asked to contact Homeland Security Investigations at (716) 464-6070 or via email at [email protected].
Snapchat: sheltonmoore47; steph.johnson12; tjohnson755; tj6340; timjohnson755; shelly4794; and s123m321.
Skype: Tim Johnson tjohnson755.
Instagram: timj755; sheltonmoore8945; bkingsbury755; and stephj8882019.
Facebook: Josh GarmonAssistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint filed against Holland, on March 9, 2020, investigators with the Loudoun County Sheriff’s Office in Leesburg, Virginia, received a report that Snapchat user “Tjohnson755” had engaged in sexually explicit conversations with a 14-year-old minor. The complaint states that “Tjohnson755,” who was later identified as Matthew Holland, coerced the minor into sending him nude photographs. When the minor indicated that she did not wish to continue communicating, the defendant threatened to disseminate the minor’s photographs over the internet. Using this and other threats, Holland coerced the minor to continue to send him sexually explicit photographs and videos.
Loudoun County Sheriff’s Office detectives executed a search warrant on Holland’s “Tjohnson755” Snapchat account, and using IP information, located the defendant’s residence in Newark, NY. While analyzing the Snapchat account, investigators identified dozens of similar conversations with other suspected minors.
On March 9, 2020, with assistance from the Newark Police Department, and the Wayne County, New York, Sheriff’s Office, Loudoun County investigators executed a search warrant at Holland’s residence. A preliminary forensic analysis of computers and other digital items seized revealed hundreds of images and videos of child pornography, including child pornography depicting prepubescent minors, and child pornography that Holland produced, involving known and unknown minors, using his “Tjohnson755” Snapchat account. During the execution of the search warrant, Holland indicated to investigators that he operated Illumination Images on W. Union Street in Newark, New York. Within the dressing room at that business, Holland had installed hidden cameras in order to record customers, including minors, in various stages of undress. Following the execution of search warrant, Holland was arrested and extradited to Leesburg, Virginia, to face a state charges in that jurisdiction.
According to the complaint, Holland recently resigned as a faculty member at Newark High School. The defendant was also previously employed at the YMCA in Canandaigua, New York, and is believed to have surreptitiously recorded individuals at that location.
If convicted, the defendant faces a mandatory minimum penalty of 15 years in prison, a maximum penalty of life, and a $250,000 fine.
The criminal complaint is the result of an investigation by the Loudoun County, Virginia, Sheriff’s Office, under the direction of Sheriff Michael L. Chapman; the Newark, New York Police Department, under the direction of Chief Mark Thoms; the Wayne County Sheriff’s Office, under the direction of Sheriff Berry Virts; the Canandaigua, New York Police Department, under the direction of Chief Stephen Hedworth; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Arrested on Arson Charges Related to May 30 Protests in RochesterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Tindal, 25, of Rochester, NY, was arrested and charged by criminal complaint with conspiracy to commit arson and arson. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
“Today’s arrest brings the total number charged district-wide with protest related violence in Rochester and Buffalo to 13 individuals, noted U.S. Attorney Kennedy. “As alleged in the various charging documents filed against them, these individuals, including Mr. Tindal, engaged in acts of ‘violent rioting’ not ‘peaceful protest.’ Instead of speaking-out in pursuit of the ideal of justice, these defendants acted-out in denigration of it, and as such, they have been appropriately charged in federal court.”
Assistant U.S. Attorney Cassie M. Kocher, who is handling the prosecution of Mr. Tindal and others similarly charged in Rochester, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. The protests were in response to the death of George Floyd in Minneapolis, Minnesota. During the late-afternoon/early-evening, the protests turned violent, resulting in vandalism, damaged property, looting, and fires. According to the complaint, at approximately 5:05 p.m., an RPD car was damaged by fire and towed away from the PSB. The car were damaged by fire, and the car was determined to be a total loss. Subsequent investigation, including the review of video footage, including City of Rochester blue light cameras, footage from a law enforcement aerial drone, and Facebook Live videos, revealed that defendant was one of the individuals who intentionally set fire to RFD car. Photographs and video show Tindal, who was wearing distinctive clothing and who had a distinctive forearm tattoo, speaking with Dyshika McFadden, who was previously charged with conspiracy to commit arson and arson. The video shows the two talking and then moving towards the RFD car and lighting it on fire. The two used aerosol can and open flame to set fire. Tindal was arrested on July 31, 2020, on state charges related to the RPD car fire.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; 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; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jamestown Man Pleads Guilty to Methamphetamine Distribution 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 Jacob Komenda, 24, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on April 27, 2019, members of the Jamestown Metro Drug Task Force executed a New York state search warrant at the defendant’s residence on Partridge Street in Jamestown. Officers recovered methamphetamine and other drug paraphernalia throughout the residence, as well as a 12 gauge shotgun and a stun gun.
On September 5, 2019, investigators executed a second state search warrant at the defendant’s residence, this time on Fairview Avenue in Jamestown, and a federal arrest warrant. Komenda had $3,182 in cash in his shorts pocket, which was proceeds of his drug trafficking activities. Investigators also recovered methamphetamine and various drug paraphernalia from the residence.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for November 9, 2020, at 12:30 p.m. before Judge Arcara.
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Jamestown Man Going to Prison for More Than 12 Years After Being Convicted of Selling Meth and A Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kyle Kamholtz, 33, of Jamestown, NY, who was convicted of possessing with intent to distribute methamphetamine, and possessing of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 152 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that the defendant was identified as a methamphetamine distributor in the Jamestown, NY, area during an investigation that began in November 2017 by the Jamestown Police Department.
The investigation included a series of controlled purchases of methamphetamine from the defendant, several vehicle and traffic stops that resulted in Kamholtz’s arrest for possession of methamphetamine and a firearm, and the execution of two search warrants at the defendant’s McKinley Avenue residence. Investigators seized a firearm, methamphetamine, scales, packaging, and other drug distribution paraphernalia.
The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Buffalo Woman Charged with Being A Felon in Possession of A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sharee Bailey, 28, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the complaint, between October 12, 2017, and March 5, 2020, the defendant posted numerous photographs and videos on various social media accounts depicting herself displaying what appears to be multiple semi¬automatic handguns, revolvers, and rifles. On August 4, 2020, law enforcement officers went to a residence on Landon Street in Buffalo, and during the execution of a search warrant at the residence, officers recovered .22 caliber rifle and one spent .9mm shell casing. They also recovered a gun box for a .40 caliber pistol with one magazine inside the box. A hole, which appeared to be caused by gunfire, was found in the floor of the residence. Officers also recovered various types and calibers of ammunition throughout the apartment, and two cellular phones. Bailey, who told officers that she considers herself a member of the Riverdale Gang, was arrested a short time later.
In September 2012, the defendant was convicted in Erie County Court of Criminal Sale Controlled Substance-5th Degree. As a result of that 2012 conviction, Bailey is legally prohibited from possessing a gun. Bailey made an initial appearance before U.S. District Judge Jeremiah J. McCarthy and was detained.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, 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.
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Buffalo Man Pleads Guilty to Drug Trafficking Charges and Admits His Role in A Drug-Related MurderRead 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, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute cocaine and crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between 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.
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 the rival over this infringement. On July 29, 2010, an associate of Bradley was shot and killed on Perry Street, and Bradley believed that the death was a 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, and died. The investigation determined that one of the shots fired by Chaney resulted in Daniels death.
Tyshawn Bradley was previously convicted and sentenced to serve 30 years in prison.
Chaney’s plea 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.
Sentencing is scheduled for November 18, 2020, at 9:00 a.m. before Judge Skretny.
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Eight Defendants Arrested in Early Morning Drug Roundup, Charged in Transnational Drug Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that six defendants have been charged by complaint and two other defendants indicted by a federal grand jury for their roles in a transnational drug trafficking ring that stretched from Mexico to Buffalo.
Charged by complaint with conspiring to possess with intent to distribute, and distributing, controlled substances are:
• Ronnie Charleston;
• Robert Claiborne;
• Antoine Gilbert;
• Tonie Wiley;
• Aaron Spain Jr.; and
• Eric Hale, A/K/A Cuz E.If convicted, the defendants face a maximum penalty of 20 years in prison and a $1,000,000 fine.
Charged by indictment with narcotics conspiracy and possessing with intent to distribute crack cocaine and cocaine are:
• Saan Thompson, A/K/A Duke; and
• Louis Gilbert.Thompson and Gilbert face a mandatory minimum penalty of five years in prison, a maximum of 40 years, and $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the criminal complaint and the indictment, the defendants are accused of being part of a drug trafficking ring that stretched from Mexico to Buffalo. The organization is accused of moving bulk quantities of cocaine, heroin, and fentanyl into the Western New York area. It is believed the organization’s Buffalo-based operation is headed by David Burgin and David Washington, who were previously arrested on drug conspiracy charges in February 2020. Burgin and Washington used a network of distributors to sell narcotics in the Western New York area, as well as several out of state sources of supply for cocaine and heroin. David Washington supplied Saan Thompson with narcotics in Buffalo. Thompson then sold the narcotics to the other defendants for re-distribution. The investigation included multiple intercepted communications between the defendants.
During the execution of four search warrants this morning at four locations, investigators seized a kilogram of suspected cocaine; 40 grams of suspected crack cocaine packaged for distribution; multiple pounds of marijuana; a loaded handgun; 1500 rounds of assorted ammunition; pistol magazines; and approximately $27,000 in cash.
“This case is a tremendous example of the determination of our law enforcement partners to continue to follow the evidence wherever it leads,” stated U.S. Attorney Kennedy. “Investigators did not stop when the leaders of this dangerous drug trafficking organization were previously apprehended and taken off the streets. Investigative efforts continued leading to the charging of eight additional defendants in this case.”
“Today’s arrests and seizures represent a critical disruption to an international drug trafficking ring,” said Kevin Kelly, Special Agent-in-Charge of Homeland Security Investigation Buffalo. “I would like to thank the law enforcement personnel at all levels of government whose hard work and collaboration led to today’s results. HSI and our partners will continue efforts to increase community safety through the dismantlement of this drug trafficking organization.”
Defendants Saan Thompson and Louis Gilbert were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and detained. Defendants Aaron Spain and Ronnie Charleston made an initial appearance also before Judge Schroeder and were also detained. Defendants Robert Claiborne, Antoine Gilbert, Tonie Wiley, and Eric Hale, made initial appearances and were released on conditions.
The criminal complaint and indictment are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, under the direction of Major James Hall; 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.
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Buffalo Man Indicted on Charges of Making False Statements on Immigration DocumentsRead 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 Mohammed Moinul Hossain, 44, of Buffalo, NY, with making false statements in an immigration matter, and making a false statement in a matter within the jurisdiction of the executive branch. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that according to the indictment, in August 2018, the defendant filed an application for lawful permanent residency in the United States. On that form, Hossain indicated that he had not previously used or gone by any other name, and denied ever submitting fraudulent or counterfeit documentation to any U.S. Government official to obtain or attempt to obtain an immigration benefit. Hossain also indicated that he had never lied about, concealed, or misrepresented any information on an application or petition to obtain a visa. However, subsequent investigation determined that in February 1997, the defendant did in fact file an application for permanent residency using the name Saifur Rahman, and the application was denied. Hossain failed to disclose this prior identity and prior application for conditional permanent residency.
The defendant was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. 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, and U.S. Citizenship and Immigration Services, under the direction of District Director Denis C. Riordan.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Going to Prison for Five Years for Possessing A Gun While Selling DrugsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Lee, 27, of Buffalo, NY, who was convicted of possession of firearms in furtherance of drug trafficking crimes, was sentenced to serve 60 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in March 2019, the defendant sold and distributed fentanyl, cocaine and crack cocaine to others in the Buffalo area. During this time, Lee possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.
On March 13, 2019, investigators executed a search warrant at the defendant’s Oakmont Avenue residence. During the search, they recovered two firearms, one stolen; ammunition; small bags of suspected crack cocaine and cocaine; a bag of suspected fentanyl; $546.00 in cash; and three digital scales.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for June 8, 2020, at 1:00 p.m. before Judge Skretny.
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Batavia Man Going to Prison for Five Years After Being Caught with Child Pornography at A Halfway HouseRead 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 Daryl Sumeriski, 52, of Batavia, NY, who was convicted of possession of child pornography, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Sumeriski was residing in a halfway house in Bath, NY, when fellow residents expressed concern about certain images they observed on the defendant’s cell phone and alerted authorities. As a result, a search warrant was executed and investigators found more than 3,000 images of child pornography on Sumeriski’s phone. Some of the images depicted violent abuse of infants and toddlers.
The sentencing is the result of an investigation by the Department of Homeland Security, under the direction of Special Agent-in-Charge Kevin Kelly.
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Jamestown Woman Pleads Guilty to Selling MethRead 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 Tracey Wynn, 38, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between September 2018 and January 2019, the defendant was a drug trafficking associate of Douglas Beardsley and sold methamphetamine supplied by Beardsley. Wynn typically received methamphetamine from Beardsley to sell two or three times a week. During the conspiracy, the defendant and Beardsley would communicate often about the operation, including through their Facebook accounts.
On four separate occasions, Wynn sold methamphetamine to an individual working with the Drug Enforcement Administration. On August 7, 2017, investigators executed a New York search warrant at the defendant’s residence and recovered a quantity of methamphetamine, approximately $347 in cash, drug paraphernalia, and mail. Also inside the residence, investigators identified items indicating children lived at the residence.
On October 23, 2019, Wynn committed a moving traffic violation and was stopped by a Jamestown Police officer. During the stop, the officer asked the defendant exit the vehicle. A search of the driver side area yielded two digital scales, one of which had crystal methamphetamine on it. Wynn was arrested at the scene for driving with a suspended license and possession of drug paraphernalia. At the jail, a bag of marijuana was found in the defendant’s sweatshirt pocket, and plastic bags of methamphetamine were found on her person.
Charges remain pending against Douglas Beardsley. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for November 13, 2020, at 12:30 p.m. before Judge Arcara.# # # #
Corning Man Going to Prison for More Than 12 Years for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert W. Wood, 50, of Corning, NY, who was convicted of possession of child pornography and violation of supervised release, was sentenced to serve 154 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in 2011, the defendant was convicted of possession of child pornography and sentenced to 24 months in prison and 15 years supervised release. While on supervised release, members of the U.S. Probation Department made an unannounced visit to Wood’s residence and found an unauthorized smart phone in his possession. A search of the phone revealed that the defendant was in possession of over 2,300 images and over 20 videos of child pornography, some of which depicted the sexual abuse of infants and toddlers.
The sentencing is the result of an investigation by the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Stephen Belongia, and the U.S. Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo.
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