Western District of New York
Press releases recorded for this federal judicial district.
Georgia Man Pleads Guilty for His Role in Cocaine Conspiracy Stretching from El Paso, Texas to BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Adrian Grier, 44, of Jackson, Georgia, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between October 2017 and December 7, 2018, the defendant conspired with 11 others to sell cocaine. One of Grier’s co-defendants brokered bulk quantity cocaine to multiple areas in the country including Buffalo, Kentucky, and Georgia. Numerous court authorized communications were intercepted between the defendant and others. On two occasions, Grier coordinated trips to Kentucky to acquire kilograms of cocaine. The defendant was intercepted discussing future plans to increase the quantity of cocaine he could obtain in Georgia.
Of the 12 defendants charged in this case, Grier is the second to be convicted. 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard. Additional assistance was provided by HSI-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.
Sentencing is scheduled for January 6, 2021, before Judge Sinatra.
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Utica Man Previously Convicted of Bank Robbery Pleads Guilty to Bank Robberies in Depew, Gates, and Penfield Following Thruway Traffic StopRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Ferrone, 28, of Utica, NY, pleaded guilty before U.S. District David G. Larimer to three counts of bank robbery. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that the defendant committed three bank robberies: on August 20, 2019, Ferrone robbed the Bank of America, located at 5091 Broadway in Depew, NY; on October 31, 2019, Ferrone robbed the Chase Bank, located at 6 Spencerport Road in Gates, NY; and on December 17, 2019, Ferrone robbed the M&T Bank, located at 625 Panorama Trail in Penfield, NY. In each of the three robberies, the defendant was wearing a high-quality latex mask that covered his face, and handed the tellers notes demanding money.
On January 13, 2020, a New York State Trooper conducted a traffic stop on a vehicle driven by Ferrone on the New York State Thruway. The vehicle did not have license plates displayed, nor did it display a valid inspection sticker. Law enforcement officers conducted a search of the vehicle and recovered controlled substances, as well as several high quality latex masks, including one that appears to have been used in the Bank of America robbery in Depew, and another mask that appears to have been used in both the Chase Bank and M&T Bank robberies in Gates and Penfield. Also recovered from the vehicle were numerous items of clothing matching the clothing worn during the three charged robberies, along with two handwritten notes that read “I Have Gun Large Bills” and “I Have Gun All Large Bills.”
Previously, in May 2013, Ferrone was convicted in United States District Court in the Northern District of New York on eight counts of federal bank robbery.
The plea is the result of an investigation by the Federal Bureau of Investigation, Major Crimes Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Eric Laughton; the East Rochester Police Department, under the direction of Chief Steve Clancy; the Depew Police Department, under the direction of Chief Jerome Miller; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
Sentencing is scheduled for September 29, 2020, before Judge Larimer.
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Niagara Falls Man with Two Prior Felony Convictions Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Taggart, 31, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that just after midnight on May 9, 2019, the Niagara Falls Police Department received a 911 call reporting that the defendant displaying a handgun inside the Players Bar on Niagara Street. Before officers arrived at the scene, Taggart left the club in a vehicle traveling on Ferry Avenue. Officers located the car and executed a stop. A 9mm handgun was found underneath the rear of the front passenger seat where defendant was seated. A review of the Players Bar surveillance video captured Taggart twice taking the firearm from his pocket and displaying it inside the bar. The firearm was previously reported stolen out of Stamford, Connecticut.
The defendant was convicted: in January 2013, of attempted gang assault in the 2nd degree, and in February 2011, of criminal possession of a controlled substance. As a result, Taggart is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
Sentencing is scheduled for December 3, 2020, before Judge Sinatra.
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Liverpool Man Pleads Guilty to Robbing Banks in Brighton and Buffalo, and Attempting to Rob A Third Bank in Niagara FallsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Tyo, 32, of Liverpool, NY, pleaded guilty to two counts of bank robbery and one count of attempted bank robbery, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that over the course of four days in August 2019, Tyo robbed a bank in Brighton, New York; a bank in Buffalo, New York; and attempted to rob a third bank in Niagara Falls, New York.
On August 24, 2019, Tyo robbed the Citizens Bank inside the Tops Market on South Clinton Avenue in Brighton. The defendant gave the bank teller a detailed note that said, “if I even glimpse a dye-pack I will not hesitate to elevate the situation and you will be the first casualty.” Another part of the note stated, “If I happen to get caught because of you, when I get out of prison, I will systematically destroy you and the people you love the most.” The bank teller complied with the defendant’s demands and gave him U.S. currency, which Tyo took and fled the bank.
On August 27, 2019, Tyo robbed a second Citizens Bank inside the Tops Market on South Park Avenue in Buffalo. He gave the bank teller a note demanding $50 and $100 bills.
The defendant threatened the use of violence, stating in the note that he would use his gun if the teller did not cooperate. The teller complied and gave the defendant U.S. currency, which he took and fled the bank.
Also on August 27, 2019, Tyo attempted to rob a third bank, the Key Bank on Niagara Falls Boulevard in Niagara Falls. However, when he gave the teller a demand note, the teller said that they were dealing with a computer issue, and Tyo did not succeed in obtaining any money.
The plea is the result of an investigation by the Brighton Police Department, under the direction of Chief Dave Catholdi, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for October 15, 2020, at 10:00 a.m. before Judge Larimer.
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Greece Man Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kwashie Ajavon, 33, of Greece, NY, who was convicted of possessing with intent to distribute crack cocaine, and being a felon in possession of a firearm and/or ammunition, was sentenced to serve 87 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on August 13, 2019, law enforcement officers executed a search warrant at the defendant’s residence on Estall Road in Greece. During the search, officers recovered three loaded firearms, approximately $1,200 in cash, methamphetamine, marijuana, and drug packaging materials and cutting agents. Officers also searched a vehicle pursuant to a search warrant and recovered a quantity of crack cocaine and a scale.
In 2008, Ajavon was convicted of Criminal Possession of a Weapon in the Second Degree in Monroe County Court and sentenced to 42 months in prison. As a result, he is legally prohibited from possessing a firearm.
The sentencing 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.
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West Seneca Man Charged with 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 Timothy J. Chowaniec, 62, of West Seneca, NY, was arrested and charged by complaint with possessing with the intent distribute, and distributing, five grams of more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, and a maximum of 40 years.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the complaint, on three separate occasions in January and February of 2020, an undercover investigator with the New York State Police purchased quantities of methamphetamine from the defendant near Chowaniec’s residence in West Seneca. On April 14, 2020, the DEA and United States Postal Inspection Service executed a search warrant on a parcel from California addressed to the defendant at his West Seneca residence. Located inside the parcel was a plastic sandwich bag containing approximately 3.7 ounces of suspected methamphetamine.
The complaint is the result of an investigation by 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, New York Field Division; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Rochester Men Sentenced for Food Stamp FraudRead 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 Hicham Khallad, 47, and Karim Euchi, 47, both of Rochester, NY, who were convicted of food stamp fraud, were sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. Khallad was sentenced to a term of imprisonment of 45 days, and three years of supervised release. Euchi, an employee of Khallad, received a sentence of two years’ probation. The defendants were also ordered to pay $74,500 in restitution to the United States Department of Agriculture.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the Supplemental Nutrition Assistance Program (SNAP), uses federal tax dollars to help low-income individuals purchase food. Eligible individuals are given a debit card containing their SNAP benefits, from which they can make food purchases at authorized food stores. A business that accepts SNAP benefits must be authorized to do so and can only accept SNAP benefits in connection with the sale of eligible food products. It is unlawful for any store to accept SNAP benefits for non-food items, such as cigarettes, beer, or cash.
Between May 2018 and February 2019, Khallad and Euchi operated the Joseph Market at 900 Joseph Avenue in Rochester. During that time, the defendants fraudulently accepted SNAP benefits from customers in exchange for non-food items, such as cigarettes. Khallad and Euchi also purchased food stamp benefits for less than their full value for cash, resulting in a profit for the defendants. In so doing, Khallad and Euchi caused the United States Government to deposit money into the Joseph Market’s bank accounts for food that was never purchased.
The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale.
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Two Buffalo Men Arrested, Charged with 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 Juan Padua, 32, and Michael Vasquez, 24, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiring to possess with intent to distribute 500 grams or more of cocaine. The charge carries a minimum penalty of five years in prison, and a maximum of 40 years.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the complaint, the U.S. Postal Inspection Service (USPIS) intercepted a U.S. Postal Service Priority Express Mail parcel shipped from Puerto Rico and addressed to an apartment in which defendant Padua resided. The box was turned over the Buffalo Office of the Drug Enforcement Administration.
On July 22, 2020, investigators executed a federal search warrant on the box, which contained toys, coloring books, paper plates, napkins, and a Nickelodeon slime box. The slime box, which was wrapped in red wrapping paper with multi-colored stars and Spanish writing, contained a large, white, brick-like substance that was comprised of a loosely packed white powder. Field tests indicated the presence of both cocaine and fentanyl.
On July 23, 2020, a transmitting device was installed in the parcel and a controlled delivery was conducted. A short time later, investigators received a tone indicating that the parcel was opened. Investigators then executed a search warrant at the apartment in which Padua resided. The parcel was found in the rafters in the attic. Additional search efforts led to the recovery of the USPIS transmitting device, which was broken and recovered from the roof top of the rear porch at the premises. The defendants were taken into custody.
The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer. Vasquez was released on conditions, Padua is being held pending a detention hearing.
The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Sheriff's Deputy Going to Prison for Possessing A Gun While Subject to A Domestic Violence OrderRead 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 T. Blajszczak, 54, of Clarence, NY, who was convicted of possession of a firearm by a person subject to a domestic violence order of protection, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on April 27, 2019, a six-month domestic violence order of protection was issued in Cheektowaga, NY, Town Court against the defendant, who was an Erie County Sheriff’s Deputy at the time. As a result of that order, Blajszczak was prohibited from possessing any firearm during the time period for which it was in effect. On May 2, 2019, the defendant knowingly possessed a .22 caliber rifle and 11 rounds of ammunition.
“A just society depends on the shared understanding that all of its members—no matter what they do, the color of their skin, or the uniform that they wear—will be held personally accountable for their actions,” noted U.S. Attorney Kennedy. “Ensuring that all in our District share that understanding—and the responsibility it brings—is a lesson that the tremendous men and women of my Office, through their work, strive to deliver each and every day.”
The sentencing is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Amherst Police Department, under the direction of Chief John Askey; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Rochester Man Who Fled Police with A Gun and Drugs Going to Prison for Five 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 Timothy Feliciano, 34, of Rochester, NY, who was convicted of possession of a firearm in furtherance of drug trafficking, and possessing with intent to distribute crack cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on January 11, 2017, the defendant was apprehended after a foot chase with police on Thomas Street in Rochester. During the chase, Feliciano discarded his jackets. Officers recovered the jackets and found a .38 caliber revolver, approximately 1.7 grams of crack cocaine, a razor, small plastic baggies for packaging, and nine plastic vials of marijuana for sale, in the pockets.
The sentencing 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.# # # #
Rochester Man Pleads Guilty to His Role in Large Drug Trafficking Organization: Including Shooting at Rival Gang Members and Police OfficersRead 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 Obed Torres Garcia, 23, of Rochester, NY, pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and one kilogram or more of heroin, and using, carrying and discharging firearm during and in relation to a drug trafficking crime, before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorneys Robert A. Marangola, Cassie M. Kocher, and Katelyn M. Hartford, who are handling the case, stated that between 2015 and January 29, 2018, the defendant was a member of a drug trafficking organization led by Carlos Javier Figueroa, which was responsible for the transportation and sale of cocaine and heroin, and for acts of violence in furtherance of the organization’s drug trade, including an exchange of gunshots with members of the Greater Rochester Area Narcotics Enforcement Taskforce (G.R.A.N.E.T.). Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics, which were shipped from Puerto Rico.
As an active member of the Figueroa drug trafficking organization, Garcia, among other things, packaged cocaine and heroin for distribution, and personally distributed significant quantities of cocaine and heroin. Also, in furtherance of the conspiracy, the defendant and other members of the organization used and maintained a residence at 820 East Main Street in Rochester, for the purpose of packaging, storing, and distributing quantities of cocaine and heroin. Between December 2017 and January 29, 2018, Garcia lived in the apartment, which was paid for by Carlos Javier Figueroa in exchange for the defendant’s work for the organization.
On January 29, 2018, at 6 Burbank Street in Rochester, Garcia discharged a handgun in the direction of G.R.A.N.E.T. officers who were attempting to execute a search warrant at the location. Officers, who the defendant admits were justified in their use of force, exchanged fire and Garcia suffered a traumatic brain injury from a gunshot wound. As a result of the traumatic brain injury, the defendant has no memory of the events of January 29, 2018. However, after a thorough review of all relevant evidence with attorneys, Garcia did not dispute that had the case gone to trial the government would have proved these facts beyond a reasonable doubt through civilian and police witness testimony and forensic evidence. As part of his plea, defendant further admitted that in addition to the January 29, 2018, police-involved shootings, he, in December 2016, while distributing heroin in the vicinity of the Valero gas station located near the intersection of Clinton Avenue and Hoeltzer Street in Rochester, shot at rival drug dealers who were also present using a 9mm handgun.
“The defendant’s willingness to support the lawless objectives of this drug trafficking organization knew no bounds,” stated U.S. Attorney Kennedy. “The bad decisions made by defendant—from distributing drugs, to shooting at rival gang members, to shooting at the police—came at a heavy price. In the end, all that defendant has to show for his unwavering commitment to this criminal enterprise are a traumatic brain injury and the prospects of a lengthy prison sentence.”
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, 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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief David Catholdi; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.
Sentencing is scheduled for October 28, 2020, at 2:00 p.m. before Judge Geraci.
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Gates Man Going to Prison for A Decade for Receiving 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 Gary Zeitvogel, 46, of Gates, NY, who was convicted of receiving child pornography, was sentenced to serve 10 years in prison, followed by 20 years of supervised release, by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year-old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.
NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department as a result of a prior conviction for endangering the welfare of a child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody for violating his probation.
A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations, which took place between March and June 2019, involving Zeitvogel and the minor victim. Investigators also determined that the two had been in contact at the defendant’s home.
The sentencing is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of director Kathy Cardilli; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.# # # #
10 Defendants Plead Guilty for Their Roles in Major Jamestown Area Methamphetamine Ring as Federal Trial Was Set to BeginRead 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 10 defendants pleaded guilty during June and July 2020, to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine before U.S. Magistrate Judge Michael J. Roemer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who are handling the case, stated that between March 2017 and October 2018, the 10 defendants conspired with six other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. Pleading guilty to the conspiracy charges were:
• Andrew C. Bennett, 31, of Randolph, NY, pleaded guilty on June 4, 2020;
• Jacob A. Motherwell, 31, of Jamestown, NY, pleaded guilty on June 22, 2020;
• Destiny J. Hare, 31, of Randolph, NY, pleaded guilty on June 25, 2020;
• Michael A. Davis, 36, of Jamestown, NY, pleaded guilty on June 25, 2020, also pleaded guilty to possession of a firearm in furtherance of drug trafficking;
• Ryan R. Lopez, 26, of Palmdale, California, pleaded guilty on July 1, 2020;
• Martin Marcus Bowman, 29, of San Bernardino, California, pleaded guilty on July 2, 2020;
• Jamell Trapp, a/k/a KS, 29, of Jamestown, NY, pleaded guilty on July 1, 2020, also pleaded guilty to possession of a firearm and ammunition by a felon;
• Henry Stovall, Jr., 42, of Jamestown, NY, pleaded guilty on July 7, 2020;
• Danny W. Michael, III, 47, of Jamestown, NY, pleaded guilty on July 22, 2020; and
• Alexis V. Hall, 25, of Harrison, NJ, pleaded guilty on July 24, 2020.During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
The trial for the 10 defendants was scheduled to begin in federal court this morning.
The six co-defendants who were previously convicted include: Zackiel Fields, Jr.; Ernest Cauley, Jr.; Ramael O. Fields; Stephanie L. Harrison; Searcy E. Fields; and Stacie N. Yancer.
“Through the tremendous partnership between federal and local law enforcement, 16 individuals who committed federal crimes have been brought to justice, and a well-armed drug trafficking organization responsible for polluting Jamestown and the Southern Tier with highly addictive and debilitating methamphetamine has been dismantled,” stated U.S. Attorney Kennedy. “My Office and our DOJ law enforcement partners are always looking for ways to help to support local law enforcement as they work tirelessly on the front lines in the fight to preserve law and order and strengthen the communities they serve by making them safer and more secure. In this case, I say, ‘mission accomplished.’”
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr., and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing's will be scheduled at a later date.
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Twice Deported Mexican Man Indicted on Immigration ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Juan Casarubias-Garcia, 29, a citizen of Mexico, with being a removed alien found in United States, and fraud and misuse of an alien registration receipt card. The charges carry a maximum penalty of 10 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 indictment and a previously filed complaint, on January 19, 2019, the defendant was pulled over by the New York State Police for illegally operating a motor vehicle while intoxicated. As they approached the vehicle, the troopers observed approximately 20 or more empty beer bottles on the front and rear floor boards of the vehicle, three bottle caps under Casarubias’ legs in the driver seat, and a half full bottle of whiskey behind the front passenger seat. The defendant failed all field sobriety tests, and registered a .16% blood alcohol content when tested.
Casarubias provided troopers with a fraudulent Lawful Permanent Resident Card bearing his photo, and the name Andrade Raymundo, and an alien registration number. A check of immigration records determined that the alien registration number was assigned to an individual other than the defendant. Casarubias also provided a Mexican driver's license bearing the name Juan CasarubiasBarrera.
A review of the documents contained in the Alien Registration file for Casarubias determined that in March 2012, he was arrested by Immigration and Customs Enforcement (ICE) officers for being present without admission and possession of a fraudulent document. In September 2012, the defendant was convicted in the Western District of New York of fraud and misuse of document evidencing authorized stay in United States, and was ordered removed from the United States in October 2012. On November 2, 2012, Casarubias was deported to Mexico. In April 2013, the defendant was arrested by the United States Border Patrol in Douglas, Arizona, and convicted in the District of Arizona of illegal entry.
On May 10, 2013, Casarubias was once again deported from the United States. As a result, the defendant, a native and citizen of Mexico, has no valid immigration status and is illegally present in the United States.
The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley.
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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Sinclairville Man Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tracy Griffin, 38, of Sinclairville, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, acetyl fentanyl, fentanyl, and crack cocaine. 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 in January 2019, the defendant, and co-defendant Brandon Blackshear, conspired to sell acetyl fentanyl, fentanyl, and crack cocaine. On January 2 and January 22, 2019, members of the Southern Tier Regional Drug Task Force conducted controlled purchases of crack cocaine from Griffin and Blackshear.
Charges remain pending against Brandon Blackshear. 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 Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for October 29, 2020, at 12:30 p.m. before Judge Arcara.
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Rochester 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 Sean R. Sullivan, 50, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to production of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a fine of $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between 2005 and 2009, the defendant produced several images of Minor Victim 1 (MV1) sleeping in her bed. MV1 was approximately five years old in 2005. The images show Sullivan performing a sexual act on MV1 while she slept. In addition, between 2009 and 2014, Sullivan hid surveillance cameras in his residence in the bathroom, living room, and MV1’s bedroom. Using those cameras, defendant produced several images of MV1 in various stages of undress which constitute child pornography. MV1 also produced images of MV1 engaging in a sexual act with Minor Victim 2 (MV2), another individual under the age of 18.
The plea is the result of an investigation led by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for November 4, 2020, at 2:00 p.m. before Chief Judge Geraci.
Rochester Man Pleads Guilty to 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 Jason Schwartz, 48, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography, including prepubescent images. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in October 2018, an undercover law enforcement officer connected with an IP address over a Peer-to-Peer Network. The IP address shared two videos containing child pornography with the undercover officer. Subsequent investigation located the residence associated with that IP address. On December 11, 2018, the owner, a friend of Schwartz, advised investigators that the defendant was using his computer equipment to “download movies.” Investigators then searched the computer used by Schwartz and found approximately 475 images containing child pornography. Some of the images depicted prepubescent minors and violence.
On September 23, 2016, Schwartz pleaded in state court to Possessing a Sexual Performance by a Child and is a registered sex offender.
The plea is the result of an investigation led by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for October 16, 2020, at 2:00 p.m. before Chief Judge Geraci.
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Lockport Woman Sentenced on Wire Fraud Charge for Her Role in Debt Collection SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shauniqua Rodriguez, 41, of Lockport, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between January 2014 and February 2017, Rodriguez conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa. Specifically, defendant was an intermittent employee of the debt collection agency, which operated under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services, and Elite Services. Rodriguez placed telephone calls to “debtors” throughout the United States, using various fraudulent tactics and misrepresentations, including false representing her identity, false threating arrest, and fabricating criminal charges against the “debtors” in order to induce them to make payments. The “debtors” were often directed to other employees posing as attorneys and were provided with payment instructions, supposedly to settle their outstanding debts. In addition to making collection calls, defendant also served as an informal trainer for other, less experienced employees.
Rodriguez and the employees she worked with and trained routinely collected on debts which they knew had already been satisfied, and collected money from “debtors” from whom they had already collected payment, who were deemed to be “easy targets.” “Debtors” were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments. Between 2015 and 2016, the debt collection scheme brought in more than $3,000,000.Rodriguez is one of five defendants to be convicted in this case, and the third to be sentenced.
Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
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Local Hospital Nurse Charged with Distribution and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Craig Marranca, 32, of Buffalo, NY, with distribution and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment, on September 18, 2017, the defendant distributed child pornography. In addition, on October 27, 2017, Marranca possessed images of child pornography on a laptop computer and a hard drive. Some of the images depicted a prepubescent minor and a minor younger than 12 years old.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and released on conditions. The indictment is are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Sentenced for Using A Controlled Substance While Possessing FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Keyon Miller, 27, of Buffalo, NY, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 24 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorneys Meghan E. Leydecker and Joseph M. Tripi, who handled the case, stated that prior to September 25, 2018, the defendant had posted videos of himself to social media holding what appears to be a chrome revolver. On September 25, 2018, the ATF and Buffalo Police Department executed a federal search warrant at 45 Easton Avenue in Buffalo. As law enforcement prepared to execute the search warrants, the Buffalo Police Swat team was utilized to make safe entry into the residence. At the rear of the house, investigators observed an object being thrown from a rear upper window. The object was identified as loaded .357 caliber revolver. As SWAT members made entry into the upper, they encountered co-defendant Kevin Miller and his mother. Defendant Keyon Miller was located coming out of the room from which the firearm was thrown out the window. DNA of both Keyon Miller, and a second co-defendant Kaylen Miller, was located on the revolver.
Keyon Miller admitted that he is an unlawful user of marijuana, having used marijuana for a period of years, such that he is prohibited from possessing firearms and ammunition.Kaylen Miller was previously convicted and sentenced. Kevin Miller was also previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
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Buffalo Police Department Receives DOJ Grant to Implement A Shooting Review Process Targeting Unsolved Shootings and Improving Clearance RatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr., Buffalo Police Commissioner Byron Lockwood, and Erie County District Attorney John J. Flynn announced today that the Department of Justice has awarded the Buffalo Police Department a 2020 Project Safe Neighborhood grant totaling $229,837. The funding will be used to implement a Shoot Review Process in the police department.
The Shoot Review Process is designed to address unsolved gun assaults and increase clearance rates in the City of Buffalo through the development of a case review process. By reviewing shootings in the city on a regular basis, the goal is to remove active shooters from the streets, strengthen the administration of justice, increase public safety in urban neighborhoods, and increase community confidence in the police.
The Shoot Review Process team is headed by Buffalo Deputy Police Commissioner Joseph Gramaglia, and includes the Buffalo Police Department’s Gun Violence Unit, crime analysts from the Erie Crime Analysis Center, and representatives from the District Attorney’s Office, probation, and parole, as well as the U.S. Attorney’s Office, the ATF, and the FBI.
The review process will be modeled after best practices nationally. In March 2020, Police Commissioner Lockwood, U.S. Attorney Kennedy, Erie County District Attorney John Flynn, ATF managers, and members of the various command staffs, traveled to Milwaukee, Wisconsin, to meet with members of the Milwaukee Police Department, the United States Attorney’s Office for the Eastern District of Wisconsin, and others who have successfully implemented a shooting review process. After implementing the process in 2018, the City of Milwaukee saw a 17% reduction in homicides and a 15% reduction in non-fatal shootings.
A successful shooting review process includes:
• A review of several months’ worth of previous shootings to identify trends in types of shootings, victims and suspects;
• Detailed reports on all cases, including shooting(s) date, location, victim information, and victim and suspect intelligence;
• Regular and consistent meetings to conduct shooting reviews; and
• Development of innovative strategies to reduce violence, improve case closure and improve case prosecution.“Simply put, violent crime is rising at a staggering rate and homicides are soaring across the country and right here in our own city, and many of these crimes involve a gun,” stated U.S. Attorney Kennedy. “Also, much of the violence is playing out in distressed and economically disadvantaged neighborhoods, leaving residents to live in fear of bloodshed and fear for their own lives. This shoot review process will target the most dangerous and violent offenders in our community who are committing gun assaults and murders. This review process will remove active shooters from the streets, strengthen the administration of justice, and increase public safety in urban neighborhoods. This program will bring increased accountability not only for the results achieved by the law enforcement agencies who have been under attack as of late but also for the criminals who are terrorizing our communities. Increased accountability across the board is a good thing—both for the law enforcement and for criminals.”
“I want to thank our many partners in this important initiative to reduce gun violence in our community,” stated Buffalo Police Commissioner Byron Lockwood. “Working together we can help solve some of these senseless crimes. I look forward to working with all of the agencies and I thank the U.S. Attorney's Office for the important funding they are providing for this critical collaborative effort.”
“We have seen a spike in shootings this summer, and we are working hard every day to bring justice to the victims. When I learned about this program that has proven successful in Milwaukee, I wanted to bring it to Buffalo immediately,” said Erie County District Attorney John J. Flynn. “I want to thank U.S. Attorney J.P. Kennedy for securing federal funding for this collaborative effort to end gun violence in our city. I also want to thank Captain Jeff Rinaldo and the Buffalo Police Department for inviting the District Attorney’s Office to be a part of this new initiative. I look forward to working together to uncover the perpetrators of these unsolved shootings. I hope that our efforts will also deter people from committing these senseless acts of violence in the future.”
“ATF’s highest priority is and will remain reducing violent crime and firearm-related violence,” stated ATF Special Agent-in-Charge John B. Devito. “We will be relentless in the pursuit of the criminal groups who are intent on violating federal law and those who represent the greatest threat to the safety of our communities. Through this Project Safe Neighborhood grant, strong law enforcement partnerships, and community involvement we will see a safer Buffalo.”
“Every time a gun slides into a conversation in front of a corner store, or in a community park, its impact is devastating,” said FBI Buffalo Special Agent-in-Charge Stephen Belongia. “Gun violence victims are not simply statistics. They are fathers, mothers, grandparents and neighbors. And, all too often, the victims of gun violence are innocent children. We are committed to making a difference by preventing the trauma caused by violent crime through leadership and partnership.”
“Shoot Review is about accountability,” said Mayor Byron W. Brown. “We share our community’s sense of urgency to curb the senseless gun violence that harms the quality of life in Buffalo, and this collaborative initiative will help us further reduce and prevent gun violence in our city. This intelligence led, data driven violence reduction strategy is the latest example of our City's commitment to interagency collaboration between local and federal law enforcement agencies. I thank United States Attorney for the Western District of New York James P. Kennedy, Jr. for securing the $229,000 federal grant to support this program that will further increase the solvability of shooting cases and reduce gun violence throughout neighborhoods citywide.”
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Armed Drug Trafficker SentencedRead 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 Billy B. Sanders, 37, of Rochester, NY, who was convicted of being a felon in possession of ammunition, was sentenced to serve 71 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on May 2, 2019, after New York State Parole officers went to Sander’s residence on Saratoga Avenue in Rochester, for a compliance check. During that check, parole officers found a Polymer 80 semiautomatic pistol loaded with eight rounds of ammunition inside a backpack. The handgun did not have a serial number on it. During his plea, Sanders stated that he had the handgun and ammunition because he had been shot and needed the handgun for protection. The defendant admitted he also possessed a small amount of cocaine.
Sanders was previously convicted in April of 2004 in Federal Court of possessing with intent to distribute crack cocaine and carrying and brandishing a firearm during a drug trafficking crime, and was sentenced to serve 105 months in prison. In addition, the defendant was convicted in May of 2004 in Monroe County Court of Robbery in the First Degree, and received a 12 year prison sentence. As a result of those felony convictions, Sanders is legally prohibited from possessing firearms and ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Rochester Police Department, under the direction of Chief 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.
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Penfield Man Charged with Bilking Investors Out of Hundreds of Thousands of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian L. Schumacher, 55, of Penfield, NY, was charged by complaint with wire fraud and wire fraud conspiracy. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, between April 2016, and January 2017, the defendant conspired with others to defraud two investors out of hundreds of thousands of dollars. The actions of Schumacher and others led investors, located in Massachusetts and California, to wire significant amounts of funding to Schumacher’s company, Integra Diamonds, located in Rochester, NY, to enable Integra Diamonds to purchase diamonds in Africa.
The Massachusetts victim (Victim 1) was contacted by a co-conspirator of the defendant, who initially indicated that an investment of $100,000.00 would yield a minimum profit of $60,000.00 in one year. Skeptical because of the generous return that was promised, Victim 1 sought assurances that he was not the initial or sole investor in Integra Diamonds. Subsequently, Victim 1 received documents that falsely suggested that Integra Diamonds had other investors, and which also falsely claimed that Integra Diamonds had agreements with a logistics vendor and U.S.-based diamond purchasers. On June 16, 2016, Victim 1 wire transferred $100,000.00 from his bank account to an account in the name of Integra Diamonds. During the course of the conspiracy, $30,000 was returned to Victim 1, but not the remaining $70,000 of his $100,000.00 investment or any of the promised return. According to the complaint, $44,000 of Victim 1’s funds were attempted to be wired to Schumacher while he was in Sierra Leone to purchase diamonds. When that wire was unsuccessful, $44,500 was returned to a co-conspirator’s personal bank account.
Victim 2, a resident of California, also invested $100,000.00 in Integra Diamonds, after receiving a promise for a significant return. On December 2, 2016, Victim 2 wire transferred $100,000.00 from his bank account to an Integra Diamonds bank account. According to the complaint, Schumacher then withdrew $90,000 in cash from Victim 2’s investment, which he spent on expenses associated with another trip to Sierra Leone to purchase diamonds. Schumacher used Victim 2’s money to purchase, among other things, 1,211.85 carats of industrial diamonds for $30,296.25. Schumacher then allegedly resold those diamonds to a U.S. diamond broker for $11,514, none of which was returned to Victim 2. Over the course of the next year, Victim 2 requested status updates and return of his funds multiple times. Schumacher allegedly provided a number of excuses for the failure of Victim 2's investment, including that the diamond purchase was simply taking longer than expected and that the original diamond purchase fell through. Victim 2 was also informed that Schumacher was trying to secure another deal. Ultimately, Integra Diamonds did not repay Victim 2 any portion of the $100,000 loan principle, or any interest.
Schumacher will make an initial appearance today at 3:00 p.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.
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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Medina Husband and Wife Plead Guilty to Drug Related 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 Anthony Allee, 29, of Medina, NY, pleaded guilty before U.S. District Judge John J. Sinatra, Jr. to possessing with intent to distribute, and distributing, cocaine, and unlawful possession of a short-barreled shotgun in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $1,000,000 fine. In addition, Allee’s wife Tashira, 37, pleaded guilty to maintaining a drug-involved premises, and also faces a maximum penalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that between April 2019 and July 22, 2019, the defendants used their Ridge Road residence in Medina, to store, sell, and use marijuana, hydrocodone, and cocaine. Anthony Allee also possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.
On July 22, 2019, a state search warrant was executed at the residence. Investigators seized multiple firearms, ammunition, numerous articles of stolen property, approximately 73 grams of marijuana, 247 hydrocodone pills, cocaine residue located on a working digital scale with a razor blade, two additional digital scales, a vacuum sealer with bags, and knotted baggies.
The pleas are the result of an investigation by the Orleans County Sheriff’s Office, under the direction of Sheriff Randy Bower; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Acting Sheriff Michael Filicetti; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge James B. Devito; the New York State Police, under the direction of Major James Hall; and the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph Cardone.
Tashira Allee is scheduled to be sentenced on November 12, 2020, and Anthony Allee is scheduled to be sentenced on November 18, 2020. Both sentencings will be before Judge Sinatra.
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Convicted Murderer Sentenced on Federal Charges of Re-Entering the United States Illegally and Possessing Counterfeit DocumentsRead 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 Everardo Donoteo-Reyes, 29, of Mexico, who was convicted of possession of a counterfeit social security card and alien registration card, and illegal re-entry after deportation, was sentenced to serve 30 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in September 2016, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), administratively arrested the defendant in Gretna, Louisiana, and in October 2016, he was ordered removed from the United States. Upon his departure, Donoteo-Reyes was advised that he could not re-enter the United States without the permission of the United States Attorney General, or his Successor, the Secretary of Homeland Security.
On March 1, 2017, United States Border Patrol encountered the defendant in the United States and administratively arrested him in Laredo, Texas. Two days later, on March 3, 2017, Donoteo-Reyes pleaded guilty to entering the United States unlawfully and was sentenced to 15 days confinement. On March 15, 2017, the defendant was physically removed from the United States to Mexico. Donoteo-Reyes was once again advised that he could not re-enter the United States without permission.
On May 24, 2018, the defendant was arrested by the Wayne County Sheriff’s Office on New York State criminal charges. The sheriff’s office sent Donoteo-Reyes’s fingerprints to Immigration and Customs Enforcement (ICE). An immigration records check determined that the defendant had no valid immigration status and was again illegally present in the United States. During the course of an investigation into the defendant’s missing girlfriend and her son, the Wayne County Sheriff's Office located fraudulent documents belonging Donoteo-Reyes, including a counterfeit alien registration card bearing defendant’s photograph, as well as a fraudulent social security card.
Donoteo-Reyes was subsequently indicted for the murder of his girlfriend and her toddler son. He pleaded guilty to 1st Degree Manslaughter and was sentenced to serve 20 years in prison on November 7, 2019. Donoteo-Reyes will serve his federal prison sentence once his state sentence is complete.
“Having been twice previously deported, the defendant unlawfully returned to the United States and murdered a young mother and her 14-month old son,” stated U.S. Attorney Kennedy. “Sadly, no amount of punishment for this defendant will undo those harms. Nevertheless, this federal prosecution does provide some measure of additional punishment for the defendant and, with it, some additional protection for our community.”
Today’s sentencing is the result of an investigation by agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Wayne County Sheriff’s Department, under the Direction of Sheriff Barry Virts.
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Convicted Felon Removed from the United States by ICE Following the Dismissal of Multiple Lawsuits Attempting to Stay in the United StatesRead 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 Rohan Brown, 40, of Kingston, Jamaica, was removed from the United States and returned to Jamaica by Immigration and Customs Enforcement, Emergency Removal Operations, (ICE-ERO) after multiple failed litigation attempts to remain in the United States.
Assistant U.S. Attorney Adam A. Khalil, who litigated the case for the United States Attorney’s Office, stated that in 2007, Brown, who was present in the United States illegally, was convicted following a jury trial in Queens County Court of multiple felonies, including: Criminal Sale of a Controlled Substance, Criminal Possession of a Loaded Firearm, Criminal Possession of an Assault Weapon, and Criminal Sale of a Firearm. Brown sold cocaine and eight firearms to an undercover police officer. The firearms included revolvers, pistols, an assault rifle, and a machine gun. The defendant was sentenced to serve more than 14 years in prison. After being released from state prison in 2018, Brown was arrested, taken into custody by ICE, and held in detention pending his removal from the United States.
Brown attempted to evade removal to Jamaica by claiming that he was an American citizen, born in the U.S. Virgin Islands. He filed multiple federal lawsuits seeking release into the United States. One of those lawsuits was brought by the New York Civil Liberties Union on Brown’s behalf.
In support of his claim to American citizenship, Brown produced a fraudulent birth certificate and driver’s license from the U.S. Virgin Islands. He also claimed that he lacked any living family members who could support his claims to American citizenship, and argued in his lawsuits that ICE could not prove his Jamaican citizenship, and therefore could not deport him. During the investigation into these claims, ICE obtained a letter from the Registrar for the U.S. Virgin Islands Department of Health, Bureau of Statistics, which certified that not only did no record of birth exist for someone named Rohan Brown, but the city of birth on the birth certificate was misspelled, and the person listed as registrar never held such a position.
With assistance from ICE and the U.S. Department of State’s Diplomatic Security Service (DSS), the United States Attorney’s Office was able to identify Brown’s brother and sister, both living, who had visited him while he was in prison. DSS was able to retrieve information pertaining to these siblings. Using this information, DSS and ICE located Brown’s mother in Jamaica, and identified his father, which ultimately led to ICE obtaining Brown’s actual birth certificate in Kingston, Jamaica.
As a result of this evidence, Brown’s lawsuits were dismissed, blocking his release into the United States. Brown was removed to his native country of Jamaica on June 25, 2020.
“This marks the end of the defendant’s long and protracted effort to remain in the United States,” stated U.S. Attorney Kennedy. “While in this country illegally, Rohan Brown committed serious crimes for which he was justly convicted and punished. Thanks to the diligent investigative efforts of our partners at ICE and DSS, the defendant’s dishonest and fraudulent attempt to remain in our country as a convicted drug dealer and armed felon was exposed, and his effort failed.”
“The prosecution and ultimate removal of Mr. Brown is the culmination of an extensive collaborative effort by ICE Enforcement and Removal Operations, the U.S. Attorney’s Office, and the U.S.
Department of State’s Diplomatic Security Service,” said Thomas Feeley, ICE ERO Field Office Director for Buffalo. “I want to applaud the skilled deportation officers and talented prosecutors whose determination ensured Mr. Brown’s removal, despite multiple attempts to block his rightful repatriation to Jamaica.”Brown’s removal is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley, and the U.S. Department of State’s Diplomatic Security Service, under the direction of Resident Agent-in-Charge Kenneth M. Haynes.
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Former Newark High School Faculty Member Charged with Multiple Counts of Child Pornography; Investigators Seeking Help from the PublicRead 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, was arrested and charged by criminal complaint with production, receipt, and possession of child pornography, and online enticement of a minor. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of life, and a $250,000 fine.
According to the complaint, 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,” 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, NY, 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 from 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, NY, where he had hidden cameras in the dressing room, 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, VA, to face a state charges in that jurisdiction. The defendant made an initial appearance on the federal charges in United States District Court, Eastern District of Virginia, and is being held without bail, until he is transported to the Western District of New York, where the prosecution will be handled by Assistant U.S. Attorney Kyle P. Rossi.
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, NY, and is believed to have surreptitiously recorded individuals at that location.
Anyone with information concerning Matthew Holland, Illumination Images, or Snapchat User “Tjohnson755,” is asked to contact Homeland Security Investigations at (716) 464-6070 or via email at [email protected].“As an educator and photographer, the defendant not only had access to children but occupied a position of trust with respect to them,” stated U.S. Attorney Kennedy. “However, as reflected in the allegations set forth in the criminal complaint, his cruel and unrelenting betrayal of that trust is every parent’s nightmare. This case serves as a sobering reminder that we must remain vigilant in our effort to educate our children to the dangers they face and to pay attention to their online activities. Too often children lack the real world experience needed to discern the dangers lurking in the virtual world.”
“The allegation of child exploitation by a trusted member of our community is reprehensible and demands swift action,” said Kevin Kelly, Homeland Security Investigations Buffalo Special Agent-in-Charge. “HSI is urging those with any information about the defendant to come forward to ensure justice for those that may have been victimized.”
The criminal complaint is the result of an investigation by the Loudoun County, VA, Sheriff’s Office, under the direction of Sheriff Michael L. Chapman; the Newark, NY Police Department, under the direction of Chief Mark Thoms; the Wayne County Sheriff’s Office, under the direction of Sheriff Berry Virts; the Canandaigua, NY Police Department, under the direction of Chief Stephen Hedworth; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Federal Grand Jury Indicts Three Men for Their Roles in Violent Robberies of Two Local Credit UnionsRead 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 Adrian D. Applewhite, a/k/a Boons, 32, of Cheektowaga, NY; along with Ronald L. Morris, a/k/a Cracks, 45, and Carl I. Wilson, Jr., a/k/a Baby C, 35, both of Buffalo, NY, with aggravated bank robbery, brandishing a firearm, entering a bank with intent to commit a larceny, and bank larceny. In addition, defendant Morris is charged with being a felon in possession of a firearm and ammunition. The charges carry a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 25, 2019, defendants Applewhite and Morris entered the Southtowns Community Federal Credit Union (SC FCU) on South Park Avenue in Lackawanna, and conducted a bank robbery with pepper spray and a pistol. The two suspects traversed the teller's counter, sprayed the tellers with pepper spray, and went directly to the unlocked safe, removing $290,500.00 in United States currency. The defendants placed the currency in a dark colored duffle bag then fled on foot.
On November 7, 2019, the three defendants are accused of entering the Clarence Community and School Federal Credit Union (CCS FCU), on Sheridan Drive in Clarence and conducted a take-over style bank robbery. Armed with pistols, and donning masks and florescent green work gloves, at least two of the defendants holding hand guns ordered all the employees to the ground and demanded money. Two of the defendants went back behind the teller line and went through teller's drawers. The third robber went to the vault. The defendants stole a total of $148,793.90.
Defendant Morris was previously convicted of three felonies, two in New York State Court in 1993 and 2002, and one in Erie County Court in 1996. As a result, he is legally prohibited from possessing a firearm and ammunition.
“The tremendous work done by federal, state, and local law enforcement in this case, led to the apprehension of three violent bank robbers who sought to retain their anonymity—and their criminality—behind a cloud of pepper spray, masks, and illegal guns,” stated U.S. Attorney Kennedy. “Despite a barrage of recent criticism, the conduct by law enforcement in this investigation demonstrates the selfless and invaluable role that our partners in law enforcement play in unmasking, disarming, and apprehending dangerous individuals, who disregard the law, place their own interests above all others, and in the process, endanger the safety and well-being of ordinary citizens everywhere.”
The defendants were arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and detained.
The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Lackawanna Police Department, under the direction of Chief Mark Packard; and 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 the defendant is presumed innocent until and unless proven guilty.
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Canadian Resident Pleads Guilty to Smuggling Aliens into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Renan Portela Bandeira De Souza, 32, a Brazilian citizen living in Toronto, Canada, pleaded guilty before U.S. District Judge Richard J. Arcara to bringing aliens to the United States for commercial advantage or private financial gain. The charge carries a mandatory minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine.Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that prior to April 28, 2019, the defendant agreed to help smuggle an illegal alien from Canada into the United States in exchange for $6,000. On April 28, 2019, while in Ontario, Canada, De Souza and two co-conspirators launched a boat into the Niagara River. The defendant and another co-conspirator rode in the boat with four aliens, none of whom had received prior approval to enter, come to, or reside in the United States. The boat landed on Grand Island, NY, and the four passengers disembarked. De Souza and his co-conspirator then returned to Canada.
The plea is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for October 26, 2020, before Judge Arcara.
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Alexander Man Arrested, 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 Christopher Brown, 40, of Alexander, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum penalty of 30 years, imprisonment and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that in April 2020, a law enforcement officer working online undercover discovered a sexually explicit video, which included a pre-pubescent female who appeared to be between 9 and 11 years old. The IP address was traced to the defendant’s Dodgeson Road residence in Alexander. On July 17, 2020, a federal search warrant was executed at the residence. Investigators seized several items, including three cellular telephones and a computer. In addition, a DVD was recovered that contained explicit video of child pornography that was allegedly produced by the defendant using a hidden camera his bathroom. In addition, investigators recovered four firearms, including two rifles and two pistols, and ammunition.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Fruit Belt Gang Members Arrested on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Antwaine Parker, 27, and Michael Woods, 31, both of Buffalo, NY, were arrested and each charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, since August 2019, the FBI’s Safe Streets Task Force has been investigating the Fruit Belt Gang, whose members are allegedly actively engaged in the distribution of narcotics, firearms offenses, and gang activity. On July 1, 2020, Central Park Gang (CPG) member Shariff Jackson was murdered in Buffalo, and investigators believe that members of the Fruit Belt Gang were involved with Jackson's murder.
On July 4, 2020, defendants Parker and Woods were shot in Buffalo. Woods drove himself to the hospital. Officers on scene of the shooting received information that one of the victims may have thrown a gun. A 9mm handgun was recovered on the roof of a nearby building. Woods told investigators that he was driving in the area with an unnamed person when he was shot; he would not provide any additional information. Investigators believe the shooting could be the result of rival gang activity between CPG and the Fruit Belt.
On July 9, 2020, a photo showing Woods with what appears to be a firearm hanging out of his right-side pocket, was posted to a social media account believed to belong to Woods. Also in July 2020, a photo was posted to a social media account believed to be used by defendant Parker. That photo showed Parker with what appears to be two firearms in his left hand, and a large quantity of plastic wrapped green leafy substance believed to be marijuana.
On July 14, 2020, investigators, fearing potential violence in connection with it, conducted surveillance at the funeral of Shariff Jackson. At the same time, they also conducted surveillance of defendant Parker, who was in the vicinity of 28 Burnie Lane in the McCarley Gardens Apartments. During the surveillance, Woods was observed driving to the area were Parker was. After talking with Parker, Woods left the area. A short time later, a Buffalo Police Officer initiated a traffic stop of Woods’ vehicle. Woods told the officer that he two guns in the vehicle, and gave consent to search the vehicle. Officers recovered two loaded handguns. Woods was taken into custody and the handguns were seized.
Subsequently, defendant Parker left the McCarley Gardens Apartments, and the Buffalo Police conducted a traffic stop. Parker, who was driving with a suspended license, and a passenger were searched with no contraband discovered. The vehicle, which had invalid license plates, was impounded, and Parker was ticketed for various vehicle and traffic violations. Investigators then searched 28 Burnie Lane, and recovered two firearms in the basement. A witness told investigators that Parker and Woods constantly entered the witness’ apartment without knowledge or permission. Investigators believe the two firearms seized are the same weapons depicted in the social media photo showing Parker with two firearms.
In April 2014, Parker was convicted in state court of Criminal Possession of a Weapon and sentenced to serve 42 months in prison. In March 2012, Woods was convicted in state court of Attempted Criminal Possession of Controlled Substances and sentenced to serve five years probation. In addition, Woods was sentenced in July 2015 to serve 84 months in prison after being convicted of possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. As a result, both defendants are legally prohibited from possessing a firearm.
“In view of the recent increase in violence and shootings in our community, this prosecution highlights a number of things of which the public needs to be aware,” stated U.S. Attorney Kennedy. “There is a cycle of criminality and violence which connects many of the shootings we are seeing in our City. These defendants both have prior weapons convictions, both were themselves shooting victims, and both chose to arm themselves despite being prohibited from legally doing so. Left to their own devices, this is, sadly, the type of ‘justice’ to which those involved in these sorts of activities—many of whom are members of street gangs—aspire. The result is anything but ‘just,’ as it leads inexorably to an ever-escalating and expanding sphere of violence and lawlessness. Yet, the tremendous investigation giving rise to this criminal complaint also demonstrates how professional and proactive law enforcement can effectively disrupt that cycle of violence, save lives, restore law and order, and achieve some measure of ‘justice,’ which is cognizable to the community as a whole. Hats off to the BPD, the FBI, and the ECAC for their outstanding work in this investigation.”
The complaint 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 Erie Crime Analysis Center, under the direction of Director Jamie Giammaresi.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Milla Gangsta Bloods Gang Member and Another Man Charged with Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Myers, a/k/a Stretch, 26, and Robert Fletcher, 29, both of Buffalo, NY, were charged by criminal complaint with conspiracy to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, in early June 2020, investigators learned that defendant Fletcher would be receiving a package of narcotics. On June 4, 2020, the DEA set up surveillance of Fletcher’s vehicle in the area of 827 Clinton Street in Buffalo. Investigators observed the defendant going in and out or opening the door and looking out the front unit of 827 Clinton Street during the morning. At approximately 11:00 a.m., a UPS vehicle pulled up and placed a brown package from San Diego, CA next to the side door of the front unit. Minutes later, Fletcher picked up the package and took it inside. A short time later, Fletcher left carrying a white plastic bag and got into his car. A Buffalo Police Patrol Unit attempted to conduct a motor vehicle stop but the defendant sped away and engaged at a high-speed for approximately a mile before eventually pulling over on the eastbound side of Route 33 near the Best Street exit. At the entrance of Route 33 where Fletcher entered, a DEA Special Agent recovered a plastic bag that contained suspected marijuana. The defendant was charged with various motor vehicle offenses.
A K-9 search of Fletcher’s vehicle gave a positive alert for narcotics near the rear seat of the vehicle. During a search of the vehicle, investigators recovered telephones and a Walmart to Walmart money transfer from the defendant to a family member of the individual responsible for sending the cocaine to Fletcher. After tracing the route that Fletcher traveled while eluding police officers, investigators found a white plastic bag containing suspected cocaine near where the suspected marijuana was previously recovered.
Investigators then placed a “sham” package in a white plastic bag near the location where the suspected cocaine was recovered, and set up surveillance. At approximately 7:50 p.m., after being released from state custody, Fletcher's vehicle arrived in the area of the “sham” package and stopped. A vehicle traveling behind Fletcher’s vehicle also stopped. An individual exited that vehicle, picked up the “sham” package and walked towards Fletcher’s vehicle.During the investigation, investigators learned that Fletcher conspired with defendant Myers to receive and distribute narcotics, including cocaine. Myers had been in prison since 2018 for federal narcotics-related offenses. Myers was previously identified as a leader of the LRGP Gang, but he is now believed to be a member of the Milla Gangsta Bloods. Records from the Niagara County Jail where Myers has been held reveal that Fletcher has provided money to Myers while incarcerated.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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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Jamaican Native Convicted of Fraud Pleads Guilty to Failure to Report for SentencingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Daciann Brown, 30, a Jamaican native residing in Rochester, NY, pleaded guilty to failure to appear for sentencing before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in May 2018, the defendant pleaded guilty to wire fraud, false claims, and fraud related to identification documents. Brown purported to be a tax preparer and filed 66 false tax returns on behalf of 44 taxpayers with the IRS. Thirteen of those taxpayers did not know the defendant was filing returns using their personal information. Brown was scheduled to be sentenced on August 28, 2018. However, the defendant failed to appear on that date, and an arrest warrant was issued. On June 3, 2020, Brown was arrested by the U.S. Marshal Service.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, and the U.S. Marshal Service, under the direction of Marshal Charles Salina.
Sentencing on both the failure to appear and fraud charges will scheduled at a later date before Chief Judge Geraci.
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Buffalo Woman Sentenced for Allowing Her Former Boyfriend to Write Fraudulent Prescriptions for AdderallRead 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 Phousavath Luangrath, 30, of Buffalo, NY, who was convicted of misprision of a felony, was sentenced to serve one year probation by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution in the amount of $572.20.
Assistant U.S. Attorneys Joshua A. Violanti and Timothy C. Lynch, who handled the case, stated that between February 2 and December 21, 2017, the defendant allowed co-defendant James T. Keefe, with whom she was involved in an intimate relationship, to write fraudulent prescriptions for controlled substances using her information. Keefe was a New York State licensed physician and a DEA Registrant. Keefe wrote the fraudulent prescriptions so that he could receive Adderall for personal use. The prescriptions were issued not for a legitimate purpose and were outside the usual course of professional practice. Luangrath was issued 10 prescriptions in her own name by Keefe for Schedule II controlled substances.
Keefe was previously convicted of conspiring to possess with intent to distribute, and to distribute, oxycodone, hydrocodone, and amphetamine, and is awaiting sentencing.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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St. Catherines Man Charged with Bulk Cash Smuggling for Attempting to Cross the Border with More Than $200,000Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Mhamood Fadl Salih Khairi, 28, of St. Catherines, Ontario, Canada, was arrested and charged by criminal complaint with bulk cash smuggling. The charge carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that according to the complaint, on July 15, 2020, the defendant attempted to enter Canada at the Lewiston Bridge Port of Entry while driving a commercial tractor trailer bearing Ontario license plates. Khairi told a Customs and Border Protection (CBP) officer that he was returning to Mississauga, Ontario, Canada from the Boston, Massachusetts area with a load of copper wire. When asked how much money he was traveling with, the defendant responded “$300.00 total U.S. and Canadian.” Khairi also indicated on a CBP Customs Declaration form that he was not carrying over $10,000.
Subsequently, a CBP K-9 narcotics dog ran the commercial tractor trailer in its entirety for the presence of illegal narcotics. The K-9 alerted to the presence of narcotics near the rear of the cab of the tractor trailer, at which time the defendant was sent to secondary inspection. During a manual inspection of the vehicle's cab as well as the trailer, CBP officers located a large white and green gift bag. Inside were 10 vacuum sealed bundles of cash, totaling $207,500 in United States currency.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, 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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Ontario Man Sentenced for Attempting to Cross the Border with MarijuanaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Frank Nereo Fogazzi, 79, of Ontario, Canada, who was convicted of possessing with intent to distribute marijuana, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Charles E. Watkins, Jr., who handled the case, stated that on May 21, 2018, at approximately 10:00 p.m., the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. During primary inspection, Fogazzi, a Canadian Citizen, told the primary Customs and Border Protection Officer that he was coming to the United States to go shopping but could not provide the Officer with an intended shopping destination.
When asked if he was bringing anything into the United States and if he had anything to declare, the defendant said he did not. The officer then asked Fogazzi to unlock the trunk of his vehicle for inspection. The officer opened the trunk and observed an empty black hockey bag laying on top of two other black hockey bags that appeared full. The officer also detected the odor of marijuana emanating from the trunk. The officer then unzipped one of the full hockey bags and observed suspected marijuana inside clear vacuum sealed plastic bags. The defendant was escorted to the security office. Fogazzi’s vehicle was also taken to the secondary area for further inspection during which officers discovered additional suspected marijuana in a second hockey bag as well as in the spare-tire cavity under the hockey bags in the trunk. A total of 96 packages of suspected marijuana, weighing a total of over 104 lbs., were seized.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Jamestown Man Arrested While on Parole Pleads Guilty to Crack Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Earl Stone Jr., a/k/a Ooh Wop, 28, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute crack cocaine. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that the defendant was arrested, with another absconding parolee, Shaquelle Coleman, on January 23, 2019, for violating terms of parole. Stone and Coleman were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. Stone had what appeared to be floor insulation from the attic of the residence all over his clothing. During a search of the residence, suspected crack cocaine was located in the attic on top of floor insulation consistent with the insulation on the defendant's clothing. A digital scale with white residue and three cellular telephones were also seized. A review of the three cellular telephones recovered several text messages coordinating the sale of narcotics.
Charges remain pending against Shaquelle Coleman. 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 culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; and the New York State Police, under the direction Major James Hall.
Sentencing is scheduled for October 14, 2020, at 12:30 p.m. before Judge Arcara.
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Elmira Man Charged with Multiple Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Brian Thomas, 59 of Elmira, NY, was arrested and charged by criminal complaint with receipt, possession, and distribution of child pornography. Due to Thomas’ previous criminal history involving child sexual exploitation crimes, the charges carry an enhanced minimum penalty of 15 years in prison, an enhanced maximum penalty of 40 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on March 29, 2020, the defendant distributed to an undercover FBI Task Force Officer child pornography depicting the sexual abuse of several prepubescent children online. After using IP information to trace the child pornography, investigators located Thomas and executed a search warrant at his residence. They seized digital storage devices, including a computer and thumb drive. A preliminary forensic examination found evidence that Thomas received and possessed child pornography on both devices.
The defendant is currently a registered sex offender, following prior New York State convictions for child sexual abuse, child pornography, and child exploitation crimes.
Thomas was most recently released from state prison in 2014, following a three year prison term.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and is being held pending a detention hearing scheduled for July 23, 2020.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Corning Office, under the direction of Special Agent-in-Charge Stephen Belongia, and the Elmira Police Department, under the direction of Chief Joseph Kane.
Anyone with information regarding this defendant is asked to contact the Corning FBI Office at 1-607-962-9761.
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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Darien Center Man Sentenced for Receiving Child Pornography from Young GirlsRead 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 Seegar, 30, of Darien Center, NY, who was convicted of receipt of child pornography, was sentenced to serve 96 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Seegar, posing as a 16 or 17-year-old boy, was sexting 10-12 year old female students at a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia. The defendant was found in possession of numerous photos containing child pornography.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in Charge Stephen Belongia, and the Lewiston Police Department, under the direction of Chief Frank Previte.
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2 More Defendants Charged Federally for Their Roles in Arsons During May 30th Violent 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 two more defendants have been charged federally in two separate criminal complaints arising from May 30, 2020, violent protests held in the City of Rochester. SHAKELL SANKS, 26, and JAVON HARDY, 24, both of Rochester, NY, have been charged with arson and each face a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the prosecutions of both SANKS and HARDY, 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. During the late-afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.
At approximately 6:00 p.m. on May 30th in downtown Rochester, defendant SANKS, assisted others in attempting to light fabric on fire. The fabric was stuffed into the gas tank of a parked car belonging to the City of Rochester Family Crisis Intervention Team (FACIT). At approximately 6:20 p.m., the FACIT car began to smoke and shortly thereafter became engulfed in flames. The car was a total loss. Defendant SANKS was eventually identified as one of several individuals involved in starting the fire and was arrested. Today, SANKS made his initial appearance in federal court. Another individual, Mackenzie Drechsler, 19, of Ontario, NY, was previously charged by criminal complaint for her role in the arson of the FACIT car.
That same day, at approximately 6:28 p.m., a 32-foot by 8-foot mobile office/construction trailer, also located in downtown Rochester and rented by the Michels Corporation of Wisconsin, was also set on fire and rendered a total loss. The mobile office contained work equipment, tools, a printer, camera, and wi-fi device. As alleged in the criminal complaint filed against him, Facebook Live video footage posted by various users shows defendant HARDY carrying a milk jug at the back door of the trailer. HARDY is then seen walking down the trailer steps and heard yelling, “Let that (expletive) burn,” and “If it’s not on fire, I didn’t do my job.” A second individual, Marquis Frasier, 27, of Rochester, was also previously charged with arson for allegedly using a Molotov Cocktail to help start the same trailer on fire.
A total of 11 defendants have now been charged federally for their roles in violent protests in Rochester and Buffalo in May and June, 2020. In Rochester, in addition to SANKS, HARDY, Drechsler, and Frasier, Dyshika McFadden, 26, and Miguel Ramos, 19, both of Rochester, were previously charged with conspiracy to commit arson and arson, for their alleged role in burning a Rochester Police Department patrol car during the May 30, 2020, protests. In Buffalo, Keyondre Robinson,18, of Buffalo, was previously charged with assault of a federal officer, for his alleged role in throwing a bottle that struck a Deputy United States Marshal in the face during violent protests outside of the Robert H. Jackson Federal Courthouse in Buffalo on May 30, 2020; Courtland Renford, 20, of Buffalo, has been indicted and charged with arson in connection with his alleged attempt to burn down Buffalo City Hall during the May 30, protests; and Deyanna Davis, 30, Semaj Pigram, 25, and Walter Stewart, 28, all of Buffalo, were each previously indicted and charged with being felons-in-possession of a firearm, after the SUV in which they were traveling struck and seriously injured a Buffalo Police Officer and a New York State Trooper in connection with civil unrest in Buffalo, on June 1, 2020. After striking the officers, a chase ensued, and once the three were arrested, a loaded firearm and spent shell casings were discovered inside the SUV.
“The arsons, assaults, and weapons violations alleged to have been committed by these defendants are not part of any sort of righteous crusade; they are—plain and simple—criminal acts,” stated U.S. Attorney Kennedy. “This sort of behavior, combined with the recent and marked increase in violent crime and shootings across both our Nation and our District, suggests that some among us believe that violence, chaos, and lawlessness represent an appropriate path forward. They, however, are wrong. These charges reinforce the message that as Americans, we favor unity over entropy and that our greatest strength—that our very identity comes from our shared humanity and from the values and ideals we choose to uphold. Only by uniting, coming together as one, and rejecting this sort of divisive and damaging conduct can we ever hope to achieve the full promise of those values and ideals—expressed so eloquently in our Declaration of Independence—of a people who are all ‘created equal, [and] endowed by [our] Creator with certain unalienable rights, [including] life, liberty, and the pursuit of happiness.’”
The most recent complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; 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; and the Rochester Fire Department, under the direction of Fire Chief Willie 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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Massachusetts Man Charged After Getting Caught with Nearly 60 Pounds of MethamphetamineRead 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 Daren Lewis, 39, of Quincy, MA, was arrested and charged by criminal complaint with possessing with intent to distribute 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 Justin G. Bish, who is handling the case, stated that on July 10, 2020, Homeland Security Investigations (HSI) in Flagstaff, Arizona received an alert regarding a suspicious cargo shipment, originating in California and destined for Tonawanda, NY. The shipment was manifested as personal effects and the phone number provided by the shipper was not a working number.
HSI Buffalo, the Erie County Sheriff's Office, and the Niagara County Drug Task Force began investigating the shipment on July 13, 2020, after its arrival in Tonawanda. On that day, a U.S. Customs and Border Protection (CBP) K-9 showed interest in the vent of the container, but did not make a final positive alert to the presence of controlled substances. However, an Erie County Sheriff's Office K-9 ran to the suspicious shipment container without command and indicated a positive alert to the presence of a narcotic odor near the same vent and area of the container at which the CBP K-9 showed interest.
At approximately 1:45 p.m. on July 13, 2020, the defendant Daren Lewis arrived at an area cargo terminal in a U-Haul rental truck. After going inside the office, the defendant returned to the truck and backed the U-Haul up to the container holding the suspicious shipment. Lewis opened the locks on the container and positioned the doors of the U-Haul truck to obscure the area between the truck and the container before going into the container.
After a short time, he was observed in the cab of the truck and appeared to be using a telephone. After closing the doors on the back of the U-Haul truck and driving away from the cargo terminal, the defendant was stopped on Sheridan Drive in Tonawanda by Erie County Sheriff's Deputies. The defendant and the U-Haul truck were transported to an Erie County Sheriff's Office. A search warrant was executed on the U-Haul. Inside, investigators discovered two cardboard boxes containing shrink wrapped packages. One of the packages was opened and found to contain a bag of a white crystal substance, which field tested positive for methamphetamine. The shipment contained a total of 59.5 pounds of suspected methamphetamine. The estimated street value of the suspected methamphetamine is $2,700,000. Lewis was arrested.
“While we often speak of the potentially deadly consequences of heroin and fentanyl use, methamphetamine can be just as dangerous, just as addictive, and in the end, just as deadly,” stated U.S. Attorney Kennedy. “The coordinated efforts by Homeland Security and our partners in local law enforcement have resulted in one of the largest seizures of methamphetamine ever in the Western District of New York and prevented this massive batch of poison from reaching our streets and wreaking havoc in our community.”
“Drug trafficking organizations clearly have the false perception that they can act with impunity during the current crisis,” said Kevin Kelly, HSI Buffalo Special Agent-in-Charge. “This arrest and significant seizure sends an unequivocal message that we will continue to hold criminals accountable.”
The defendant will make an initial appearance on July 15, 2020, at 10:00 a.m. before U.S. Magistrate Judge Michael J. Roemer.
The criminal complaint is the culmination of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Niagara County Drug Task Force, under the direction of Niagara County Acting Sheriff Michael Filicetti.
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 More Than 7 Years for 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 Torri McCray, 41, of Buffalo, NY, who was convicted of possessing with intent to distribute and distributing fentanyl and 10 grams of more of buytryl fentanyl was sentenced to serve 90 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on four dates between June and August of 2017, the defendant distributed controlled substances, including heroin, fentanyl, U-47700, butyryl fentanyl, and furanyl fentanyl. On August 16, 2017, the Drug Enforcement Administration arrested McCray and recovered from him a quantity of heroin that he intended to distribute.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Ray Donovan, New York Field Division.
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Ohio Resident Indicted on Charges of Enticement and Having Sex with A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three-count indictment charging Priscilla Vogelbacher, 37, of Oregon, Ohio, with one count of enticement of a minor and two counts of interstate travel with the intent to engage in illicit sexual conduct. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Douglas A. Penrose, who is handling the case, stated that according to the indictment, between November 2018 and June 2019, the defendant began a relationship with the minor victim over the internet and enticed the minor victim to engage in sexual activity. Vogelbacher is also accused of making two separate trips from Ohio to Jamestown, NY, for the purpose of having sex with the minor victim, who was 15 years old at the time.
The defendant was arraigned today before Judge Michael J. Roemer and released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; and the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Member of the CBL/BFL Sentenced in RICO Conspiracy and Violent AssaultRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Michael Walker, 29, of Buffalo, NY, who was convicted of racketeering conspiracy and assault with a dangerous weapon in aid of racketeering, was sentenced to 120 months imprisonment by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
As part of his plea, defendant Walker admitted to the following:
• On June 19, 2019, the defendant was on Genesee Street, Cheektowaga, New York with co-defendant Kareem Pryor where they met up with Victim 1. The defendant accused Victim 1 of killing a CBL/BFL member and also of cooperating with law enforcement in the investigation of CBL/BFL. The defendant and co-defendant Pryor then both began punching Victim 1. The assault carried into the street and Victim 1 was forced to the ground where the defendant and co-defendant Pryor used their feet with shoes on them to stomp Victim 1’s upper body and head onto the pavement. The defendant and co-defendant Pryor then ran away. Victim 1 was treated at a hospital for a fractured shoulder bone and a concussion.
• On February 1, 2017, the defendant possessed over 600 grams of a mixture of butyryl fentanyl and three firearms.
• In March 2017, the defendant signed a false affidavit related to the possession of the drugs and guns from February 1, 2017.
• On May 13, 2013, the defendant was found in possession of 2.84 grams of cocaine base and marijuana.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Acting Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
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Clarence Center Man Sentenced for Tax EvasionRead 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 Mark E. Wolanyk, 62, of Clarence Center, NY, who was convicted of tax evasion, was sentenced to 12 months of home confinement, 3 years of supervised release and ordered to pay $243,387 in restitution to the IRS by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that in October 2010, the defendant and his minor son opened an account at First Niagara Bank in the name of the minor son, with Wolanyk listed as a custodian on the account. From October 2010 through December 2013, the defendant made deposits into the First Niagara account, including business deposits, totaling approximately $258,911.49. Between January 2011 and December 2013, Wolanyk made cash withdrawals from the First Niagara account totaling approximately $260,875.
In September 20, 2011, during the course of IRS efforts to collect taxes owed by the defendant, Wolanyk submitted what is known as a Collection Information Statement for Wage Earner and Self-Employed Individuals to the IRS. However, the defendant failed to list the First Niagara account in a designated area for listing bank accounts.
In January, April, and December of 2013, the defendant was issued five checks totaling $60,000 as compensation for services rendered in connection with a real estate transaction. All five checks were deposited into the First Niagara account.
In October 15, 2014, Wolanyk filed a false Form 1040 U.S. Individual Income Tax Return for 2013 claiming $77,477 in gross income and $56,491.58 in total income. The defendant knew his taxable income for the calendar year was greater than the amount reported on the tax return. On February 24, 2014, the defendant had previously filed a Form 1040 U.S. Individual Income Tax Return for 2013 claiming -$1,500 total income. Neither return reported the five checks totaling $60,000 deposited into the First Niagara Account.
The total tax loss associated with the defendant’s conduct is $243,386.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
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Massachusetts Man Guilty of Receiving 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 Frank Salerno, 30, of Pittsfield, Massachusetts, pleaded guilty, before U.S. Chief Judge Frank P. Geraci, Jr., to receiving child pornography The charge carries a minimum penalty of 5 years imprisonment, a maximum penalty of 20 years imprisonment, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in 2019, Salerno engaged in sexually explicit online conversations with a 14 year-old minor who lived in Western New York. In the conversations, Salerno induced the minor to produce and send Salerno child pornography. Salerno was ultimately reported to police, and he was arrested in Massachusetts in December 2019.
The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for October 7, 2020, before Judge Geraci.# # # #
Member of the CBL/BFL Pleads Guilty to Violent AssaultRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Kareem Pryor, 30, of Buffalo, pleaded guilty to assault with a dangerous weapon in aid of racketeering, and possession of methamphetamine with intent to distribute, and faces a maximum penalty of up to 40 years in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
As part of his plea, defendant Pryor admitted that on June 19, 2019, he met up with Victim 1 on Genesee Street in Cheektowaga, while a co-defendant waited down the street. The co-defendant accused Victim 1 of killing a CBL/BFL member. The defendant and co-defendant then both began punching Victim 1 and stomping Victim 1’s upper body and head onto the pavement. Pryor and the co-defendant then ran away. As a result of the assault by Pryor and his codefendant, Victim 1 was treated at a hospital for a fractured shoulder bone and concussion. As part of his plea, Pryor also admitted that on September 12, 2019, he possessed over 20 grams of methamphetamine pills in his apartment with the intent to distribute them.
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Acting Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
Sentencing is scheduled for November 11, 2020, before Judge Vilardo.
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Lockport Man Pleads Guilty to Possession of Cocaine with the Intent to Distribute ItRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Gilberto Marchese, 38 of Lockport, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years imprisonment and a fine of $1,000,000.
Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that between December 2015, and March 27, 2019, the defendant unlawfully possessed with intent to distribute cocaine. On March 27, 2019, law enforcement conducted a search warrant at the defendant’s residence at 150 Grand Street, Lockport, New York, and recovered approximately 29.10 grams of cocaine, a grinder with suspected marijuana residue, and two digital scales. As part of his plea, the defendant admitted that the aggregate amount of cocaine he distributed over this time-period exceeded 500 grams.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Niagara County Acting Sheriff Michael Filicetti; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Sentencing is scheduled for October 15, 2020, at 12:30 p.m. before Judge Arcara.
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Blasdell Man Sentenced to Decade in Prison 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 Robert Michalewski, 55, of Blasdell, NY, who was convicted of possession of child pornography involving prepubescent minors, after having sustained a conviction for child sexual abuse, was sentenced to serve 10 years in prison, and 5 years of supervised release, by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children (NCMEC), Homeland Security Investigations (HSI) traced the suspected child pornography to the defendant. On May 24, 2019, investigators executed a search warrant at Michalewski's residence on South Park Avenue in Blasdell. Several items were seized, including a desktop computer, cell phone, laptop computers, external hard drives, DVDs, thumb drives, internal hard drives, VHS tapes, and literature. An initial examination of some of the electronics recovered suspected images and videos of child pornography. Some of the images depicted prepubescent minors and acts of violence. Michalewski was previously convicted in February 2018 of Possession of a Sexual Performance by a Child in Erie County Court and sentenced to a conditional discharge, which remains pending.
The sentence is the result of an investigation by Homeland Security Investigations, Child Exploitation Unit, under the direction of Special Agent-in-Charge Kevin Kelly.# # # #
Armed Drug Trafficker Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alton Dunn, 30 of Rochester, pleaded guilty today before United States District Judge David G. Larimer to the felony charges of possession with intent to distribute marijuana and possession of a firearm and ammunition by a felon. The drug charge carries a maximum possible penalty of five years imprisonment, and a fine of $250,000 or both. The firearm charge carries a maximum prison term of 10 years, and a fine of $250,000, or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that Dunn was arrested on July 31, 2018, after officers from the Rochester Police Department, who were patrolling the area of Child Street in the City of Rochester, saw a Lincoln Navigator with a license plate cover obscuring the vehicle’s license plate. Officers pulled the Navigator to the side of the road, approached it and identified Dunn, who had been convicted of Robbery in the Second Degree in 2007, as the driver. They also learned he did not have a valid driver’s license. After ordering him to step from the Navigator, officers searched Dunn and found a small plastic vial of marijuana in his pocket. The officers could also smell marijuana coming from inside the Navigator. They searched the vehicle and found a loaded semiautomatic handgun, with a defaced serial number, in the front passenger door. Officers also recovered a bag containing 2 vials of marijuana in the center console of the Navigator. In the rear seats, officers discovered a bag from which they recovered 39 plastic vials, each containing marijuana. In the bag, officers also found a champagne case which contained more marijuana. Dunn admitted that he intended to distribute the marijuana.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
Sentencing is scheduled for September 16, 2020, at 2:00 PM before the Hon. David G. Larimer.
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