Western District of New York
Press releases recorded for this federal judicial district.
5 Defendants Arrested in 4 Separate Cases Involving Arsons and an Assault During May 30th Protests in Rochester and BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER/BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that five defendants have been arrested and charged federally in four separate complaints in connection with violent protests held on May 30, 2020, in both the City of Rochester and the City of Buffalo. In Rochester, four individuals have been charged for their roles in connection with the burning of three government vehicles and a private mobile construction trailer office during violent protests held in the late-afternoon/early-evening hours of Saturday, May 30, 2020, in the Rochester. In Buffalo, a fifth individual was arrested this morning and charged with assaulting a federal officer during a violent protest held that same evening, outside of the Robert H. Jackson Federal Courthouse on Niagara Square.
The individuals charged include the following:
• DYSHIKA MCFADDEN, 26, and MIGUEL RAMOS, 19, both of Rochester, NY, are charged with conspiracy to commit arson and arson, for their alleged role in burning RPD Patrol Car which was parked in front of the Public Safety Building at 185 Exchange Boulevard, in Rochester;
• MACKENZIE DRECHSLER, 19, of Ontario, NY, is charged with arson of a vehicle used in interstate commerce, for her alleged role in burning two (2) vehicles, one belonging to the New York State Attorney General’s Office and another Belonging to the City of Rochester Family Crisis Intervention Team (FACIT), both of which were parked in the vicinity of 144 Exchange Boulevard, in Rochester;
• MARQUIS FRASIER, 27, of Rochester, NY, is also charged with arson of a building vehicle and property, for his alleged role in using a Molotov Cocktail to help burn down a 32-foot by 8-foot mobile construction trailer and its contents, which was being rented by an out-of-state construction company and which parked in the lot at the corner of Exchange Boulevard and Court Street, in Rochester; and
• KEYONDRE ROBINSON, 18, of Buffalo, NY, has been 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 protests outside of the federal courthouse in Buffalo on May 30, 2020.In the event of conviction, McFADDEN, RAMOS, DRESCHSLER, and FRASIER each face a mandatory minimum term of imprisonment of five years, a maximum of 20 years, and a $250,000 fine. ROBINSON faces a maximum possible sentence of a term of imprisonment of 8 years, and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the Rochester cases, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. The protests were in response to the death of George Floyd in Minneapolis, Minnesota. During the late-afternoon/early-evening, the protests turned violent, resulting in vandalism, damaged property, looting, and fires.
At approximately 5:05 p.m., McFADDEN and RAMOS, using aerosol cans and an open flame, allegedly set fire to and rendered as a total loss RPD CAR 463 that was parked in the loop in front of the public safety building.
At approximately 5:57 p.m., DRESCHLER allegedly set fire to an official vehicle owned by the New York State Attorney General’s Office, after crouching down, placing cardboard inside the vehicle and then walking away. Approximately one minute later, smoke began billowing from the car, and as the fire grew, the car became engulfed in flames. Roughly 20 minutes later, at 6:18 p.m., DRESCHLER and another male were observed setting fire to the overturned FACIT car which was located nearby. Both vehicles were total losses.
At approximately 6:28 p.m., a 32-foot by 8-foot mobile office, rented by the Michels Corporation of Wisconsin, was set on fire. It was located in the parking lot at the corner of Court Street and Exchange Boulevard. The mobile office contained work equipment, tools, a printer, camera, and wi-fi device. Facebook Live video footage posted by various users allegedly shows FRASIER, holding a Molotov cocktail, walking up the steps of the mobile office, throwing the Molotov cocktail inside, and immediately running down the steps. The mobile office was a total loss.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case in Buffalo, stated that on May 30, 2020, members of the United States Marshals Service (USMS), Homeland Security Investigation (HSI), Immigration Customs Enforcement (ICE), Federal Protective Services (FPS), New York State Police (NYSP), Amherst Police Department, and Buffalo Police Department (BPD) were assisting with crowd control during similar protests in the City of Buffalo. As in Rochester, the protests in Buffalo turned violent during the late-afternoon/early-evening. Because some of the protesters were behaving aggressively and violently, law enforcement officers were positioned shoulder-to-shoulder along the courthouse steps along the Southeast Corner of the Robert H. Jackson Federal Courthouse on Niagara Square, as part of an effort to protect the Courthouse. At approximately 6:45 p.m., a Deputy U.S. Marshal who was standing guard on the courthouse steps was struck in the face by a bottle allegedly thrown by defendant ROBINSON.
“The arsons and assault with which these defendants have been charged 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 dramatic increase in violent crime and shootings across both our Nation and our District, suggests that some members of our society believe that division and violence provide an acceptable path forward from the current state of civil unrest. They, however, are wrong. Instead, in choosing our path forward let us draw on the wisdom of one of Rochester’s greatest residents, Frederick Douglass. In the twilight of his life, the emancipated slave, who went on to become an American social reformer, abolitionist, and orator stated: ‘My cause, first, midst, last, and always was and is that of the black man; not because he is black, but because he is a man.’ Douglass’s words resonate loudly today as a reminder that as Americans it is our obligation, in charting a path forward, to focus not on that which divides us, but rather on than that which unites us. As Douglass correctly recognized, as Americans, our identity is not derived from any personal characteristic over which none of us have any control. Rather, our identity as Americans comes from our shared humanity, the values and ideals we choose to uphold, and the obstacles we have overcome. Only by uniting and coming together as one can we achieve the full promise of those values and ideals—so eloquently expressed in the Declaration of Independence—which we celebrated just a few days ago —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 lawless conduct and wanton destruction and violence charged in the complaints announced today—and the apparent increase in violence across our country and our community—threatens the lives, the liberty, and the happiness of all Americans. For that reason, my Office, together with our partners in law enforcement, will continue to do all that we can to deliver a healthy prescription of law and order to those—like these defendants—who seem more interested in spreading the decidedly un-American diseases of lawlessness, chaos, and division across these United States of America.”
The 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; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rush 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 Rungrot Phimthong, 26, of Rush, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on October 10, 2018, the defendant possessed a laptop computer, which contained more than 600 images of child pornography. Some of the images depicted prepubescent minors or minors under 12 years-old. Phimthong also admitted that prior to December 21, 2017, he electronically sent images of child pornography to other individuals with whom he was communicating.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 29, 2020, before Judge Geraci.
# # # #Rochester Gun Store Burglar Admits to Lying About Military MedalsRead 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 Marcos D. Guzman, 36, of Rochester, NY, pleaded guilty to making fraudulent representations about the receipt of military medals before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Guzman lied to the U.S. Probation Office about his military service and being awarded two Purple Hearts in order to try to get a lower sentence on two pending firearms offenses. Specifically, the defendant lied about serving in the United States National Guard, being deployed to Iraq for 18 months, and receiving two Purple Hearts for saving another soldier on the battlefield in Iraq. Guzman provided photographs to the U.S. Probation Office that purported to show the two Purple Heart certificates. The Purple Heart certificates were fake.
In April 2019, Guzman was convicted of theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon, after stealing approximately 87 firearms from Chinappi’s Firearms & Supplies, a gun store on West Ridge Road in Spencerport, NY. Co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto have also been convicted. Many of the firearms were sold on the streets of Rochester.
“As our Nation comes together to celebrate July 4th, we also reflect on those brave men and women of the military who made, and who continue to make, sacrifices so that we may enjoy the blessings of liberty,” stated U.S. Attorney Kennedy. “For a convicted armed felon and thief to attempt to receive leniency for his criminal acts by fraudulently cloaking himself in an honor reserved for our bravest of military heroes is the antithesis of honor and conduct which is deserving of special recognition—in the form of its very own criminal conviction.”
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri; and the Yates County Sheriff’s Office, under the direction of Sheriff Ron Spike.
Guzman is scheduled to be sentenced for both the firearms offenses and lying about the military medals on August 12, 2020, at 4:00 p.m. before Judge Wolford.
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Armed Trafficker Sentenced to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lazaro Aguilar, 20, of Rochester, NY, who was convicted of possessing with intent to distribute heroin and fentanyl, and possessing a firearm in furtherance of a drug trafficking crime, was sentenced to serve 81 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Aguilar was arrested on February 16, 2018, after officers from the Rochester Police Department, who were patrolling the area of Murray Street and Lyell Avenue, saw the defendant driving a vehicle with excessively tinted windows in violation the New York State Vehicle and Traffic Law. After officers pulled the vehicle over, they identified Aguilar as the driver but he did not have a valid driver’s license. After ordering the defendant to exit the vehicle, officers searched Aguilar and found 32 small bags containing a mixture of heroin and fentanyl in his pocket. Officers also recovered a loaded pistol from the defendant’s pocket. Aguilar stated that he had the handgun for his protection, and that he had been shot at earlier.
Aguilar was again arrested on September 30, 2019, with 23 additional bags of fentanyl, and over $5,000 in United States currency.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief 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 Office.
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Rochester Not for Profit Employee Pleads Guilty in Federal Court to Defrauding the NYS Dormitory AuthorityRead 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 Shirley Boone, 61, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Richard A. Resnick and Melissa M. Marangola, who are handling the case, stated that the defendant was the Chief of Staff at NEAD, a not-for-profit neighborhood tax-exempt organization, governed by a volunteer board of directors with day-to-day operations overseen by an Executive Director. Volunteers and staff worked with city officials and agencies to revitalize and stabilize the Sector 8 neighborhood in the northeast quadrant of Rochester. Boones’ duties included securing grants for NEAD, which was funded primarily by grants.
On February 23, 2018, NEAD paid Freedom Community Enterprise Inc. $45,000 to make it falsely appear that Freedom Community had replaced NEAD’s roof and worked on other rehabilitation projects. Freedom Community was a for-profit subsidiary of NEAD and was established to further NEAD’s objective of providing affordable economic opportunities for neighborhood residents. Freedom Community also operated a convenience store located in the Northeast quadrant of Rochester. Freedom Community was not a construction company, nor did it replace NEAD’s roof or perform other rehabilitation projects for NEAD.
Subsequently, the defendant sent documentation to the Dormitory Authority of the State of New York (DASNY) indicating that Freedom Community had in fact replaced NEAD’s roof and performed other rehabilitation services, along with documentation of the $45,000 payment. As a result, NEAD fraudulently received a $45,000 grant from DASNY on July 16, 2018.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.
Sentencing is scheduled for December 9, 2020, before Judge Wolford.
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Rochester Felon Charged with Gun PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jean Green-Alvarez, 33, of Rochester, NY, was arrested and charged by criminal complaint with being felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that at approximately 12:30 a.m. on January 15, 2020, Rochester Police Department officers responded to 46 Backus Street in Rochester for a menacing call. According to the complaint, the victim was knocking on doors on nearby Emerson Street attempting to get assistance with charging his cellular telephone. As the victim approached 108 Emerson Street, he observed a male, later identified as the defendant, and a female in the doorway of the residence. As the victim approached, the female handed the defendant what appeared to be a black rifle. The defendant approached the victim and demanded his backpack. The victim told officers that he complied with Green-Alvarez’s demands and handed him the backpack. Surveillance footage at 108 Emerson corroborated the victim’s summary of the events. Officers later searched the residence and located a rifle in the basement of 108 Emerson Street. On March 9, 2020, Green-Alvarez was arrested by police. In September 2009, the defendant was convicted of conspiracy to possess with intent to distribute cocaine within a protected location in the District of Puerto Rico, and is legally prohibited from possessing a firearm.
Green-Alvarez made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.
The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Felon Pleads Guilty to Possessing A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Freddy Moore, 31, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that the defendant was arrested on August 28, 2019, after New York State Parole officers searched his residence on Central Park in Rochester. During that search, officers found a loaded semiautomatic pistol as well as quantities of fentanyl and cocaine.
Moore was previously convicted in August of 2009 in Monroe County Court of Robbery in the First Degree and sentenced to serve eight years in prison. In October 2014, the defendant was convicted in Erie County Court of Attempted Assault in the Second Degree and sentenced to serve up to three years in prison. As a result of his prior convictions, Moore was legally prohibited from possessing a firearm and ammunition.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
Sentencing is scheduled for September 11, 2020, at 9:00 a.m. before Judge Wolford.
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Buffalo Man Pleads Guilty to Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Miller, 30, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to distribute, and distribution of, controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Joseph M. Tripi and Meghan E. Leydecker, who are handling the case, stated that between March 2016, and September 25, 2018, the defendant sold cocaine, crack cocaine, marijuana, and heroin in the City of Buffalo and surrounding suburbs. During that time, Miller utilized residences at 45 Easton Avenue and 507 E. Ferry Street in Buffalo to store and distribute the drugs. Also during the same time period, the defendant possessed various firearms, including semi-automatic pistols he posed with online using social media.
On March 31, 2016, New York State parole officers conducted a search at Miller's parole residence after receiving evidence that the defendant violated his curfew. During the search, parole officers located and seized three digital scales with residue; two bags of ammunition; a quantity of crack cocaine; and a cell phone. Buffalo Police were called and Miller was arrested.
On September 25, 2018, the ATF and Buffalo Police Department executed federal search warrants at 45 Easton Avenue, and on a vehicle used by the defendant. As investigators prepared to enter the residence, they observed an object that was thrown from an upper window at the rear of the house. The object thrown from the window was loaded revolver. During a search of the upper apartment, three vials of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales were seized. The clothing Miller was wearing in the August 17, 2018, social media video depicting him with a firearm was also located inside the apartment. In addition, a scale and a loaded semi-automatic firearm were found in the basement.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the 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.
Sentencing is scheduled for October 8, 2020, at 12:30 p.m. before Judge Arcara.
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Buffalo Man Going to Prison for Selling Heroin and FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Lao, 25, of Buffalo, NY, who was convicted of distributing heroin and fentanyl, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who handled the case, stated that on six occasions between May 3 and June 23, 2017, the defendant sold a mixture containing heroin and fentanyl during an undercover drug operation led by the Drug Enforcement Administration.
The sentencing is a result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Jamestown Man Pleads Guilty to Meth 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 Terrence M. McRae, 40, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute methamphetamine. The charge carries a maximum sentence 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 on September 6, 2019, members of the Jamestown Metro Drug Task Force executed a New York State search warrant at the residence of Richard Kinsey on Newland Avenue in Jamestown. Before the execution of the warrant, investigators observed co-defendants Richard Kinsey and Brandi Whitford arrive and enter the residence. A short time later, the defendant and another individual entered the residence. As investigators moved into the residence to begin executing the search warrant, they observed McRae exit the residence to a second story porch roof. The defendant was subsequently detained.
During the execution of the search warrant, investigators recovered nine plastic wax baggies with skull and Viking hat logos, methamphetamine, marijuana, three suspected alprazolam pills, two cellular telephones, and a black scale.
Charges remain pending against co-defendants Richard Kinsey and Brandi Whitford. 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 Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Harry Snellings.
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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Indian Man Arrested After Attempting to Smuggle More Than 9000 Pounds of Marijuana into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Prabjot Nagra, 26, a citizen of India, was arrested and charged by criminal complaint with possessing with the intent to distribute 1000 kilograms or more of marijuana and importation of marijuana into the United States. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that according to the complaint, the defendant attempted to enter the United States at the Peace Bridge Port on Entry just before midnight on June 25, 2020. Nagra was driving a commercial truck with Ontario, Canada license plates. According to an electronic manifest, the truck was carrying a shipment of 55 storage containers.
The commercial truck was referred to the Vehicle and Cargo Inspection System for a non-intrusive x-ray exam. The x-ray showed inconsistencies of the cargo within the entire trailer. As a result, the truck was referred to the Peace Bridge warehouse loading dock for physical examination. During the physical exam of the crates, Customs and Border Protection Officers recovered multiple packages of vacuum sealed bags containing a green leafy substance, which field tested positive for the presence of marijuana. Approximately 8,320 vacuum sealed packages of suspected marijuana weighing approximately 9,472 pounds were removed from the original shipment containers. The marijuana is valued at approximately $20,000,000. This represents the largest marijuana seizure ever in the Western District, and one of the largest—if not the largest—ever at the northern border.
“For the third time in as many weeks, the diligence of Customs and Border Protection Officers has resulted in the seizure of literally tons of illegal controlled substances destined for our country,” stated U.S. Attorney Kennedy. “In just three weeks, CBP Officers have prevented thousands of pounds of illicit drugs, valued at nearly $30,000,000, from entering our country. We will remain vigilant to protect our border from those who seek to profit from the importation of these illegal substances, as they not only fuel the violent drug trafficking organizations who distribute them but jeopardize the health and well-being of those, including minors, who use them. Because the health, safety, and security of every American matters, so too do our borders.”
“This was an excellent job by our officers from start to finish,” said Port Director Jennifer De La O. “From recognizing a shipment that needed further screening, to the identification of the anomaly during the secondary scan, to the coordination with our partners at Homeland Security Investigations, our officers are committed to intercepting these illicit drugs from being smuggled in.”
“The resurgence of large-scale illicit marijuana seizures is alarming and brazen given the public health crisis,” said Kevin Kelly, HSI Special Agent-in-Charge. “HSI and CBP will always work together to thwart and deter those criminal organizations that attempt to exploit our borders.”
“The work of the officers has been incredible and their dedication to CBP's enforcement mission is evident in these recent large load narcotics seizures,” said Buffalo Field Office Director Rose Brophy. “Criminal organizations are not going to stop just because the border has restricted travel and CBP officers continue to work and ensure our borer is secure.”
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on July 1, 2020.
The complaint is the result of an investigation by Customs and Border Protection, under the direction Rose Brophy, Director of Field Operations, and Homeland Security Investigations - Border Enforcement Security Team, 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 Going to Prison for Selling Heroin and FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julian Rivera, 30, of Buffalo, NY, who was convicted of possessing with intent to distribute heroin, butyryl fentanyl, and U-47700, was sentenced to serve 38 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Paul C. Parisi and Meghan E. Leydecker, who handled the case, stated that between March and May 2017, an undercover officer purchased heroin, butyryl fentanyl, and U-47700 from Rivera, co-defendant Craig Lester, and others, on 12 separate dates. On several occasions, the defendant was the person who negotiated the price of the drugs with the undercover officer. Many of the transactions took place inside a residence at 28 Echols Lane in Buffalo.
On April 7, 2017, Rivera was walking in the Towne Gardens Housing Complex in Buffalo, where Buffalo Police officers observed him holding what appeared to be heroin and its packaging. The defendant fled from officers but was subsequently arrested carrying 231 glassine envelopes of a mixture of heroin, butyryl fentanyl, and U-47700 in his pocket. Officers also recovered packaging for heroin and a large rock of suspected heroin in the doorway at 28 Echols Lane and two bundles of suspected heroin from Rivera’s clothing.
Defendant Craig Lester was previously convicted and sentenced.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction Special Agent-in-Charge Ray Donovan, New York Field Division.
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Insurance Broker Arrested, Charged with Defrauding Insurance Companies and Individual Investors Out of $1-Million DollarsRead 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 Bartz, 38, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud, attempted wire fraud, and aggravated identity theft. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that over the past five years, the defendant has been employed as an insurance broker by several different life insurance companies including: the Benjamin Hollamby Agency, which sold life insurance policies on behalf of Nationwide Life Insurance Company; the Banker's Conseco Life Insurance Company; Mass Mutual Life Insurance Company; and the Lavoro Group via Mass Mutual, located in Rochester. The general practice of these companies was to offer monetary commissions and/or bonuses to their agents when agents sold life insurance policies.
According to the complaint, Bartz would submit false applications for life insurance policies to the insurance companies on behalf of individuals who were not aware of these applications. The applications included individuals' means of identification without their knowledge or consent. In order to avoid detection, the defendant used various victims' bank accounts to pay the premiums for the unauthorized policies. Between 2015 and 2020, Bartz defrauded or attempted to defraud a number of life insurance companies and dozens of investors out of more than $950,000.
The complaint further states that some of the defendant’s conduct was discovered after his departure from the insurance companies. For instance, after he left the Benjamin Hollamby Agency in February 2018, Nationwide conducted an annual audit, which revealed that a disproportionately large number of life insurance policies sold by Bartz had lapsed due to policy holders failing to pay the required premiums. As a result, Nationwide performed an internal investigation and determined that many of the lapsed policy holders had never given the defendant authorization to apply for a policy on their behalf.
In October 2019, investigators executed a search warrant on the contents of the defendant’s personal email, which he used to effectuate his scheme. That review revealed that, on multiple occasions, Bartz received emails from Nationwide that were addressed to and intended for prospective policy holders but were sent directly to the defendant’s email address. The emails contained a link to a website application that prospective policy holders were supposed to complete, electronically sign, and submit to Nationwide. These emails were sent shortly before Nationwide received completed applications for these individuals. Investigators believe that the defendant completed the applications and submitted them without the victims' knowledge or consent. In total, Bartz fraudulently submitted approximately 150 policy applications on behalf of approximately 120 individuals to Nationwide and, as a result, Nationwide paid out approximately $250,000 in commissions and bonuses that it otherwise would not have paid.
The defendant continued to engage in this scheme of submitting false life insurance policy applications, collecting commissions for the sale of those policies, and using victim bank accounts to pay the policy premiums after he left the Benjamin Hollamby Agency and Nationwide:
• At Banker's Conseco, Bartz allegedly fraudulently submitted approximately 29 policy applications on behalf of approximately 22 individuals, attempting fraudulently to obtain approximately$70,000 in commissions and bonuses. Banker's Conseco discovered the fraudulent scheme in time to avoid making the payments.
• At Mass Mutual, the defendant fraudulently submitted approximately 138 policy applications on behalf of approximately 10 individuals, attempting fraudulently to obtain approximately $110,000 in commissions and bonuses. However, Mass Mutual discovered the fraudulent scheme in time to avoid making the payments.In addition to defrauding insurance companies, Bartz attempted to defraud individual victims through a fraud scheme commonly known as a Ponzi scheme. The defendant targeted individuals that he either already had years-long relationships with as their life insurance agent or who were referred to Bartz as a trusted life insurance/investment agent. While working at the life insurance companies, the defendant began to persuade individuals to make premium payments to him directly instead of to the life insurance company with which they had or believed they had a policy. In addition, Bartz represented himself as an investment advisor and convinced victims to invest their money in investment funds that he controlled, which, in fact, did not exist. To avoid being detected, the defendant used a small portion of incoming new investor monies to make promised payments to earlier investors. Bartz is accused of defrauding individual investors out of approximately $530,000.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
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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Louisville, KY Man Pleads Guilty for His Role in 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 Daniel Sterling, a/k/a Pancho, a/k/a Jose, 43, of Louisville, KY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $20,000,000 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. Sterling and co-defendant Edgar Pavia brokered bulk quantity cocaine to multiple areas in the country including Buffalo, Kentucky, and Georgia. Pavia coordinated shipments of cocaine to Sterling in Kentucky and co-defendant Adrian Goudelock in Buffalo. For example, on June 28, 2018, Pavia told Sterling that a shipment of 40 kilograms of cocaine would be the last shipment at $28,000 per kilogram, since the price would be going up. Sterling received multiple shipments of cocaine brokered by Pavia in amounts of 10 kilograms, 15 kilograms, and 20 kilograms.
In September 2018, shortly after a shipment of cocaine was delivered to Sterling in Louisville, KY, approximately $1,144,735 in cash, proceeds of narcotics trafficking, was seized from a commercial truck driver in Chicago, Illinois. Approximately $350,000 came from Sterling in Kentucky. The money was destined to be transported back to El Paso and, eventually, Mexico.
On December 6, 2018, investigators observed Sterling meeting with another co-defendant Martin Lopez to receive 20 kilograms of cocaine that was inside a hidden compartment in Lopez’s vehicle. A search inside Sterling’s vehicle found approximately $620,470 concealed in a black duffle bag. A warrant conducted at Sterling’s residence located an additional $114,200.
Of the 12 defendants charged in this case, Sterling is the first 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 Acting Special Agent-in-Charge Robert Guyton; 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 HIS-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.
Sentencing will be scheduled at a later date before Judge Sinatra.
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Jamestown Man and Woman Sentenced for Threatening an InformantRead 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 Bobby Hunt, 27, and Amy Dean, 31, both of Jamestown, NY, who were convicted of conspiracy to retaliate against an informant, were sentenced by U.S. District Judge Lawrence J. Vilardo. Hunt was sentenced to serve 24 months in prison and Dean was sentenced to a period of time served (approximately three months).
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that in October 2018, the defendants conspired to intimidate and/or retaliate against an individual (the Victim), whom they believed was sharing information with investigators regarding the drug trafficking activities of Ramael Fields, Jr. Hunt and Dean believed the Victim might also share information about Hunt’s possible involvement in a narcotics conspiracy. Fields was previously arrested in connection with a federal investigation of a largescale methamphetamine distribution operation in Jamestown.
On October 17 and October 25, 2018, Hunt posted a series of Facebook messages regarding individuals “snitching” on the defendant's “brother,” Ramael Fields, Jr. On October 25, 2018, Hunt posted a copy of the cover page of the indictment that charged Fields. The cover page included a list of individuals whom Fields and Hunt believed to be federal informants who provided information that led to the arrest of Fields. Hunt received the indictment cover page from Fields, who instructed the defendant to post the page on Facebook. Also on October 25, 2018, Hunt and Dean left the Victim several threatening Facebook voice messages, including:
Hunt: You know if I go to jail for conspiracy there's going to be a lot of females after you!
Dean: That's right [expletive] and his sister is one of them so go ahead and try [expletive] cause I live at 124 Barrows and you can come get yourself some, don't you threaten my little brother!The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
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Canadian Man Sentenced for 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 Wanderson Dos Santos-Freitas, 35, a Brazilian citizen living in Toronto, Canada, who was convicted of alien smuggling, was sentenced to serve 21 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that on March 13, 2019, at approximately 9:00 a.m., a U.S. Border Patrol Agent spotted a black jet ski with three occupants, two males and one female, about 50-60 feet from the shoreline at Beaver Island State Park. When the occupants noticed the agent, the operator of the jet ski, the defendant, stepped into the water, and began to push the watercraft further away from the shoreline. Dos Santos-Freitas continued to stand up in an apparent attempt to restart the jet ski, but the jet ski began to release smoke from the exhaust. After a couple minutes, the defendant began to wave at the agent and related that the jet ski appeared to be stuck in the ice. Air and Marine Operations were alerted and responded to the scene.
A short time later, Dos Santos-Freitas got off the jet ski, abandoning his two passengers, and walked across the ice onto the shore. When asked by agents on shore for his citizenship, the defendant stated that he was a “permanent resident of Canada.” Dos Santos-Freitas also stated that he did not have any immigration documentation which would allow him to enter the United States legally. The defendant was then placed under arrest. The defendant’s passengers later told agents that they expected to pay the defendant after arriving at their final destinations in the United States.
The sentencing 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.
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Bath Man on NYS Parole Arrested on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ryan Hamilton, 28, of Bath, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in 2016, the defendant was convicted in New York State Court of Possessing a Sexual Performance by a Child and sentenced to 10 years’ probation. In 2017, Hamilton violated his probation, was convicted again of Possessing a Sexual Performance by a Child, and was sentenced to two to four years in prison. The defendant served his sentence and was released from prison in June 2019.
On October 4, 2019, a New York State Parole Officer conducted a home visit at Hamilton’s residence in Bath. During the visit, the defendant was found to be in possession of an unregistered Kyocera cellular telephone and Samsung tablet, in direct violation of his parole conditions. The Parole Officer determined that the tablet contained a number of pornographic videos depicting minors performing sexual acts with adults. Hamilton was arrested for violating his parole. A further review of the tablet recovered approximately 87 videos and 1,124 images containing child pornography.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, the New York State Police, under the direction of Major Eric Laughton, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Going to Prison for 21 Months for Attempting to Transfer Obscene Images to A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony M. Girolamo, 43, of Rochester, NY, who was convicted of transferring obscene material to a person he believed to be a minor, was sentenced to serve 21 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Girolamo established a texting relationship with “Liz,” whom he believed to be a 14-year old minor female. In fact, “Liz” was an undercover law enforcement officer. During the course of their text exchanges, Girolamo told “Liz” that he wanted to have sex with her, and sent “Liz” images of adult females performing oral sex on adult males.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
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Ontario Man Sentenced for Harboring an Illegal AlienRead 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 Jason O. Garcia, 42, of Vaughn, Ontario, who was convicted of harboring an illegal alien, was sentenced to time served (100 days) by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on August 5, 2019, the defendant attempted to enter the United States in a commercial truck at the Lewiston Bridge Port of Entry. When asked if anyone else was present in the truck, Garcia stated “no.” Following a primary inspection, the truck was to the Vehicle and Cargo Inspection System for a scan. As the defendant appeared headed toward the scanning area, Garcia instead drove the truck in front of a warehouse. A second individual got out of the truck and walk directly into the entrance of the warehouse. The truck then turned around in the parking lot and headed towards the scanning area. Customs and Border Protection Officers located the individual in the hallway of the warehouse. The individual had a Chilean passport concealed in his pants. A records check determined the individual was refused entry into the United States under the Visa Waiver Program for failing to disclose a previous arrest in Chile.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
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Hamburg Doctor Sentenced for Illegally Importing Heroin and CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Torin Finver, 55, of Hamburg, NY, who was convicted of importation of a controlled substance, was sentenced to a period of time served (approximately eight months) by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Joshua A. Violanti and Justin G. Bish, who handled the case, stated that on November 21, 2018, Customs and Border Protection officers examined a parcel at the Chicago, Illinois, post office addressed to “T Finver,” with a residence in Hamburg, NY. The parcel was from Germany and the sender information was fictitious. The package field tested positive for cocaine.
Subsequently, two similar packages addressed to the defendant sent from California were located by U.S. Postal Inspection Service Inspectors in Rochester. One of the packages field tested positive for heroin, the other contained cocaine.
On December 15, 2018, during review of incoming mail in Hamburg, Postal Inspectors located a fourth parcel addressed to “T Finver.” On December 17, 2018, Special Agents with Homeland Security Investigations arranged for a controlled delivery of the parcel. A U.S. Postal Inspector acting in an undercover capacity delivered the parcel and other mail addressed to “Torin FINVER.” After knocking on the front door, the Postal Inspector encountered the defendant and handed over the parcel and the mail. Finver was arrested at the scene.
During an interview with investigators, the defendant stated that he ordered “dark web” packages of heroin and cocaine from the Dream Market marketplace, seven times over two months. Finver used Bitcoin to pay for the narcotics.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin. Additional assistance was provided by U.S. Customs and Border Protection in Chicago, Illinois.
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Rochester Man Going to Prison for Nearly 15 Years for Stealing over 90 Guns from Chinappi's Gun StoreRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakota J. Sarfaty, 22, of Rochester, NY, who was convicted of theft of firearms from a Federal Firearms Licensee and possession of stolen firearms, was sentenced to serve 175 months in prison by U.S. District Judge Elizabeth A. Wolford. Sarfaty was also ordered to pay $41,500 in restitution to August Chinappi, the victim of the burglary and the former owner of Chinappi’s Firearms & Supplies.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Sarfaty, along with co-defendants Luis D. Marcano-Agosto and Marcos D. Guzman, broke into Chinappi’s Firearms & Supplies, a gun store located at 5016 West Ridge Road in Spencerport, NY, in the early morning hours of August 16, 2018. Sarfaty entered the basement through a hole in the wall and, together with Marcano-Agosto and Guzman, stole approximately 87 firearms, almost all of which were handguns. Guzman, Sarfaty and Marcano-Agosto then sold many of the firearms on the streets of Rochester. Investigators recovered 14 of the stolen firearms in the days after the theft. Sarafty also broke into Chinappi’s Firearms & Supplies and stole approximately seven firearms on August 12, 2018.
To date, 31 of the stolen firearms have been recovered, while law enforcement authorities are yet to account for 63 stolen firearms.
Co-defendants Marcano-Agosto and Guzman were previously convicted and are 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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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New York City Man Pleads Guilty to Cyberstalking and Posting Naked Photos of Victim OnlineRead 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 Charles Regalbuto, 27, of New York City, pleaded guilty before U.S. District Judge Charles J. Siragusa to cyberstalking. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that beginning in October 2014, the defendant sent multiple text messages to the Victim, threatening to publish naked photographs of the Victim on various social media websites. In one text message, Regalbuto stated: "I'll ruin your life the way you ruined mine." The defendant also sent a threatening text stating that he would kill the Victim and himself.
In 2017, without permission to do so, Regalbuto posted the naked photographs of the Victim on social media sites, resulting in multiple internet users seeing the photos along with the Victim’s name associated with the photos. Several individuals contacted the Victim after seeing the photos and asked if the Victim was the person in the photos, causing the Victim emotional distress.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for October 5, 2020, before Judge Siragusa.
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CBF/BFL Member Who Participated in Multiple Attempted Murders and the Murder of A Rival Gang Member Going to Jail for 19 YearsRead 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 Larell Watkins, a/k/a 90-Ls, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute marijuana, was sentenced to serve 19 years in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Paul C. Parisi, Seth T. Molisani, and Christopher O. Taylor who handled the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex. The 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. Defendant Watkins participated in the following acts:
On September 23, 2014, the defendant shot a rival gang member in the elbow on E. Eagle Street in Buffalo.
On April 19, 2015, Watkins shot a rival gang member in the chest at Bailey and Dartmouth Avenues in Buffalo.
On September 21, 2015, the defendant shot a rival gang member in the wrist at Genesee and Crossman Streets in Buffalo.
On November 8, 2015, at William and Krettner Streets in Buffalo, Watkins engaged in a shooting during which he was struck by gunfire and he also returned fire at a rival gang member.
On July 17, 2016, the defendant was in a physical altercation at a restaurant in Cheektowaga, NY and drove away. Watkins was pulled over by a Cheektowaga Police Officer a short time later on Walden Avenue. The officer recovered a 45 caliber pistol in the defendant's trunk.
On December 11, 2016, Watkins and other gang members were shot at by rival gang members at a sports facility in Cheektowaga. Watkins and other gang members retaliated by shooting a rival gang member at Broadway and Lathrop Avenue in Buffalo.
On January I, 2017, the defendant was at a New Year's Eve Party at an apartment building in the Towne Gardens in Buffalo attended by numerous other gang members. At the party, Xavier Wimes confronted a co-defendant regarding a social media feud between Wimes and the co-defendant. Wimes struck the co-defendant in the head with a bottle. Watkins and others punched and kicked Wimes and forced him into an apartment. The defendant obtained a loaded .45 caliber pistol from a separate apartment, guided the co-defendant into his vehicle, placed the pistol in the vehicle with the co-defendant, and stated openly that Wimes needed to be held accountable for what occurred. Wimes jumped out of a window and the co-defendant shot Wimes to death. Buffalo Police recovered a .45 caliber pistol near Wimes's body.
A total of 13 defendants were charged and convicted in this case. Watkins is the eighth defendant to be convicted.
The Department of Justice’s Organized Crime and Gang Section provided vital assistance in the investigation and prosecution of this case.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton; 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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department under the direction of Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
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Buffalo Man Going to Prison for Five 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 Deshon Nettles, 28, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, 10 grams or more of butyryl fentanyl and fentanyl, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Timothy C. Lynch and Misha A. Coulson, who handled the case, stated that on March 1, 2018, during a traffic stop in Buffalo, the defendant was found in possession of a small amount of fentanyl and $5,257 in cash. On March 23, 2018, a Drug Enforcement Administration undercover officer contacted the defendant to purchase a quantity of fentanyl. Nettles agreed to sell the officer approximately 10 grams. Later that day, the undercover officer met the defendant in Buffalo and purchased the fentanyl. Nettles also sold fentanyl and butyryl fentanyl to the undercover officer on three other occasions.
In May 2018, the defendant gave his cell phone to co-defendant Yuminique Toney so that she could conduct drug sales on his behalf, while he was out of town. Toney subsequently sold fentanyl and crack cocaine to the undercover officer on two occasions in May 2018.
Co-defendants Yuminique Toney, Antonio Broadus, and Marquise White were all previously convicted. Defendants Broadus and Toney were sentenced to 30 months and eight months in prison respectively. Defendant White is awaiting sentencing.
The sentencing is the culmination of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Rochester Man Pleads Guilty to 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 Jordan Dunn, 26, of Rochester, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that on September 18, 2019, members of the FBI’s Child Exploitation Task Force executed a search warrant at the defendant’s home in Rochester following a tip from a social media company. The tip indicated that an account holder had uploaded an image of child pornography using the company’s messaging application. The child pornography was subsequently traced to Dunn’s apartment in Rochester. A computer and phone belonging to the defendant were seized and found to contain multiple images and videos of child pornography.
The plea is the result of an investigation by the Federal Bureau of Investigation's Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for September 30, 2020, before Judge Wolford.
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Niagara Falls Man Indicted on Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Verquan Jackson, 32, of Niagara Falls, NY, with attempted possession with intent to distribute MDMA, maintaining a drug-involved premises, and possession of a firearm in furtherance of drug trafficking offenses. The charges carry up to 45 years in prison.
Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the indictment and a previously filed complaint, on February 13, 2020, the United States Postal Inspection Service was notified about a box that was shipped from California to Niagara Falls breaking open during transit. Inside the box, which was addressed to Jackson at his 65th Street residence, were approximately 41 lbs. of 2 oz. individual narcotics distribution baggies.
Subsequently, on April 8 and May 19, 2020, search warrants were executed on packages addressed to the defendant’s residence but in the names of B. Jackson and Jane Brown. One package contained approximately 695 grams of suspected marijuana and paraphernalia. The other package contained approximately 652 grams of multicolored pills containing MDMA and fentanyl.
On May 21, 2020, the package containing the MDMA was replaced with sham and delivered to Jackson’s residence. A short time later, investigators executed a search warrant inside the residence. They recovered a 9mm firearm; five digital scales; a box of plastic sandwich baggies; clear plastic bags containing a tan powdery substance; designer drug packaging bags; and multiple clear plastic bags containing suspected marijuana.
Jackson made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.
The indictment is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
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 Accused of Selling Drugs That Led to A Fatal and Two Non-Fatal OverdosesRead 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 a federal grand jury has returned a 14-count superseding indictment charging Kalijah Long, 36, of Buffalo, NY, with possession with intent to distribute, and distribution of, a controlled substance causing death and causing serious bodily injury, possession with intent to distribute, and distribution of, fentanyl and cocaine, possession with intent to distribute crack cocaine and fentanyl, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking, and being a felon in possession of a firearm and ammunition. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Michael J. Adler, who are handling the case, stated that according to the superseding indictment, between August 1 and September 19, 2019, the Drug Enforcement Administration conducted six controlled purchases of fentanyl and cocaine from the defendant. During the course of the investigation, the DEA learned that Long distributed fentanyl to an individual identified as D.H. that led to his death. It is also alleged that the defendant distributed narcotics that led to the non-fatal overdoses of individuals identified as R.M. and G.A.
In late September 2019, investigators executed a search warrant at Long’s residence and his vehicle. Inside his residence, they recovered narcotics paraphernalia and ammunition, including .380 caliber ammunition. Inside the defendant’s vehicle, investigators recovered a loaded .380 caliber handgun along with a bag containing 17.5 grams of fentanyl and 9.2 grams of crack cocaine.
The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the West Seneca Police Department, under the direction of Chief Daniel Denz.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Area Psychiatrist Guilty of Health Care 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 Muhammad Cheema, MD, 47, of Pittsford, NY, pleaded guilty to health care fraud before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between 2013 and 2017, Dr. Cheema submitted approximately 5,000 false claims for psychotherapy services that he did not render. Based on these false claims, the defendant obtained payments totaling approximately $218,368 from health care benefit programs, including those operated by Excellus, MPV and others.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, and investigators from the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Linda Lacewell.
Sentencing is scheduled for October 6, 2020, at 9:15 a.m. before Judge Siragusa.
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Nine Additional Defendants Arrested as Part of A Long-Standing Drug Trafficking Ring; Over A Kilogram of Deadly Fentanyl, an Illegal FIrearm, and over $200,000 Cash SeizedRead 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 nine defendants were arrested and charged in a criminal complaint for their roles in a large and long standing illegal narcotics ring operating in Western New York. Charged with conspiring to possess with intent to distribute, and distributing, 400 grams or more of fentanyl, one kilogram or more of heroin, and five kilograms or more of cocaine are:
• Jose Roman Jr.;
• Peter Pacheco;
• Xavier Gonzalez;
• Nathaniel Claudio;
• Isiah Claudio;
• Phillip Coleman;
• Angel Ortiz, a/k/a "Peewee;"
• Hector Rivera-Torres; and
• Luis Ortiz, a/k/a Luis Ortiz-Rivera.Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that according to the filed complaint, since 2018, the Drug Enforcement Administration, Rochester Police Department, the Greece Police Department, New York State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives began investigating the illegal narcotics trafficking activities of the defendants who are responsible for the distribution of large quantities of fentanyl, heroin, and cocaine in Rochester.
On June 18, 2020, investigators executed search warrants at 12 residences in Rochester, and on one car associated with the defendants. During the execution of those search warrants, they seized over one kilogram of fentanyl, approximately $200,000 in cash, a firearm, scales, and materials used to process and package illegal narcotics for resale.
“For the second time since the pandemic began, hundreds of law enforcement officers risked their own well-being and set out early this morning to take down nine more defendants whose sole goal is to profit from the sale of deadly narcotics in the Rochester area,” stated U.S. Attorney Kennedy. “As a result of the brave investigative efforts of our law enforcement partners, the illegal activities of a total of 26 dangerous drug peddling defendants have come to an end in our community.”
DEA Special Agent-in-Charge Ray Donovan stated, “A local investigation turned into one of the largest drug takedown in Rochester history. This criminal network was a major threat to the quality of life in Rochester by trafficking millions of dollars-worth of fentanyl, cocaine, and heroin into Rochester and surrounding areas. Twenty-eight members of the organization have been charged as a result of a collaborative law enforcement effort focused on saving lives by decreasing drug use, overdoses, and drug-related violence.”
On April 30, 2020, investigators executed search warrants at 24 residences in Rochester, West Henrietta, Penfield, Greece, Irondequoit, and Syracuse, and on 12 cars associated with defendants who were previously arrested. During the execution of those search warrants, they seized eight firearms; approximately 3.5 kilograms of fentanyl; and approximately two kilograms of cocaine and crack cocaine. In addition, investigators seized $928,400 in cash and over $500,000 worth of jewelry.
The nine defendants arrested and charged today brings the total number of defendants arrested in a larger investigation to 28. Eight of the defendants made initial appearances before U.S. Magistrate Judge Mark W. Pedersen. A ninth defendant was arrested in Puerto Rico and will appear before a magistrate judge there.
The complaint is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the New York State Police, under the direction of Major Eric Laughton; the Greece Police Department, under the direction of Chief Patrick Phelan; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the U.S. Marshal Service, under the direction of Marshal Charles Salina; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci. Additional assistance was provided by the Drug Enforcement Administration, Buffalo and Syracuse Resident Offices.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
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Niagara Falls Woman Sentenced for Her Role in Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Katherine Dejesus-Gonzalez, 36, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute and to distribute, five kilograms or more of cocaine, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between October 2017 and July 19, 2018, the defendant conspired with Edgar Joel Jimenez-Rodriguez, Jose Garcia-Santiago, and others to sell cocaine. On May 26, 2018, the New York State Police conducted a traffic stop of a vehicle being driven by co-conspirator Jose Garcia-Santiago. Dejesus-Gonzalez was a passenger. Troopers seized five kilograms of cocaine from the vehicle.
In addition, investigators intercepted conversations involving the defendant facilitating drug trafficking activities with her co-conspirators. In September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico which were addressed to various residences in Niagara Falls. Postal inspectors seized approximately five kilograms of cocaine that were intended for the defendant and her co-conspirators. One of the packages was addressed directly to the defendant’s home address. Another was addressed to the home of Garcia-Santiago.
Edgar Joel Jimenez-Rodriguez and Jose Garcia-Santiago were previously convicted.The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.
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Buffalo Man Going to Prison for Conspiring to Sell Crack Cocaine with His WifeRead 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 Jermaine Ellison, 33, of Niagara Falls, NY, who was convicted of conspiracy to distribute crack cocaine, was sentenced to serve 82 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Jeremiah Lenihan, who handled the case, stated that between November 2015 and January 26, 2017, the defendant conspired with his wife, Tasheka Stalling, to distribute cocaine base. During a portion of the time period of the conspiracy, as of August 2016 the defendant was serving a sentence of imprisonment for a New York State drug charge. While in prison, he communicated with his wife to continue the narcotics distribution.
Tasheka Stalling was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton; the Niagara County Sheriff’s Office, under the direction of Acting Sheriff Michael Filicetti; the New York State Police, under the direction of Major Edward Kennedy; and the Niagara Frontier Transportation Authority (NFTA), under the direction of Chief George Gast.
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Jamestown Man Pleads Guilty After Being Caught with Meth and Gun in A CarRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Graham, 19, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara possessing with intent to distribute five grams or more of actual methamphetamine, and possessing a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $5,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on May 07, 2019, Jamestown Police officers observed two males fighting with another male in the area of Crescent and Cheney Streets. The suspects quickly got into a silver vehicle and sped away from the scene. Detectives followed the suspect vehicle in an unmarked police car, but also requested the assistance of a marked patrol unit. The marked patrol unit initiated a traffic stop at the driveway of a residence on Lincoln Street in Jamestown.
A detective approached the passenger side of the vehicle and opened the front passenger door. Inside, the detective observed two baggies of what appeared to be methamphetamine. The front seat passenger, identified as defendant Graham, exited the vehicle and was placed under arrest. Another officer approached the driver's side door of the vehicle and had the driver exit the vehicle. The driver was also placed under arrest. A back seat passenger was detained but later released.
During a subsequent search of the vehicle, investigators recovered a book bag which contained a loaded 12 gauge shotgun. The book bag also contained a digital scale with white powder residue on it and 16 rounds of 12 gauge shotgun ammunition. A records check determined that the firearm was stolen from a Federal Firearms Licensee in Hamilton, Ohio in March 2017.
The defendant made an initial appearance before U.S. District Judge H. Kenneth Schroder, Jr. and is being held.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for October 28, 2020, before Judge Arcara.
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Buffalo Man Pleads Guilty to Being an Armed Drug TraffickerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Erin Cameron, 28, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 100 grams or more of heroin, and 10 grams or more of fentanyl, and possessing a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $5,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July 2018, and December 30, 2018, the defendant conspired with others to sell heroin and fentanyl. During the course of the conspiracy, Cameron supplied another co-conspirator with butyryl fentanyl for future sale.
On October 22, 2018, an individual cooperating with law enforcement set up a controlled purchase of suspected heroin or fentanyl with the defendant. That individual then purchased butyryl fentanyl from an associate of Cameron.
On December 30, 2018, the defendant drove with others from Buffalo to Salamanca, NY to distribute narcotics in and around the Salamanca area. Cameron carried a pistol with six rounds of ammunition, as well as several packages of narcotics including acetyl fentanyl, crack cocaine, and oxycodone. The Salamanca Police stopped the vehicle in which the defendant was a passenger, and recovered the firearm and the controlled substances on Cameron’s person.
The plea is the result of an investigation by the Bureau of Indian Affairs, Office of Justice Services, under the direction of Deputy Bureau Director Charles Addington; the Southern Tier Drug Regional Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Salamanca Police Department, under the direction of Chief Troy Westfall.
Sentencing is scheduled for October 13, 2020, at 2:00 p.m. before Judge Sinatra.
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Buffalo Man and Woman Indicted on Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Frankie Cook, 26, and Shawntee Ellison, 26, both of Buffalo, NY, with narcotics conspiracy, possessing with intent to distribute 100 grams of heroin and 40 grams of fentanyl, maintaining a drug-involved premises, and possession of a firearm in furtherance of drug trafficking offenses. The charges carry up to 65 years in prison. In addition, defendant Cook is charged with being a felon in possession of a firearm.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the indictment, in February 2020, the defendants conspired with others to possess with intent to distribute heroin and fentanyl, and used a residence on Dartmouth Avenue in Buffalo to manufacture, use, and distribute the controlled substances. Cook and Ellison also possessed a firearm in furtherance of their drug trafficking activities. On February 11, 2020, in Erie County Court, Cook was convicted of a felony and is legally prohibited from possessing a firearm.
The indictment is the result of an investigation by the Erie County Probation Department, under the direction of Commissioner Brian McLaughlin; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
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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Indian Man Arrested After Attempting to Smuggle More Than 3000 Pounds of Marijuana into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Gurpreet Singh, 30, a citizen of India, was arrested and charged with unlawfully importing and possessing with intent to distribute 1000 kilograms or more of marijuana. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in the early morning hours of June 13, 2020, a commercial truck carrying 22 skids of peat moss and bearing Ontario, Canada license plates attempted to enter the United States at the Peace Bridge Port of Entry. During primary inspection, Singh told a CBP Officer that he was transporting the peat moss to Orange, VA. During the secondary exam, officers observed five pallets of peat moss packaged in large white plastic positioned at the rear of the trailer. Behind the pallets were 58 large cardboard boxes in the middle of the trailer. Behind the boxes were 14 additional pallets of peat moss. Inspection of the cardboard boxes revealed thousands of vacuum sealed bags containing suspected marijuana. The total weight of the suspected marijuana was approximately 3,346.35 pounds, with an approximate value of $5,000,000.
“For the second time in as many weeks, Customs and Border Protection Officers successfully interdicted a multi-million dollar load of marijuana being imported from Canada into our District,” stated U.S Attorney Kennedy. “Despite the current travel restrictions at our international crossings, the criminal element has not curtailed their efforts to profit from illicit drug trafficking. Fortunately, our tremendous partners in law enforcement have remained vigilant in their efforts to ensure the integrity of our border and, in so doing, to keep our citizens safer and healthier.”
“As criminals are determined to exploit our vulnerabilities during this unprecedented time in our country’s history, CBP remains steadfast in our commitment to protect our Nation,” said Buffalo Field Office Director Rose Brophy. “Our CBP officers have remained vigilant and focused, and their efforts have resulted in over 8,700 pounds of narcotics seized since March 21.”
“Large-scale marijuana trafficking is not an isolated crime,” said Kevin Kelly, HSI Buffalo Special Agent-in-Charge. “Smugglers are often connected to larger criminal syndicates who profit from a wide variety of crimes, and we must continue to dismantle all forms of their illicit activity.”
Singh made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on June 17, 2020.
The complaint is the result of an investigation by Customs and Border Protection, under the direction Rose Brophy, Director of Field Operations, and Homeland Security Investigations - Border Enforcement Security Team, 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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Lancaster Man Sentenced for His Role in Heroin ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Hinca, 28, of Lancaster, NY, who was convicted of conspiracy to distribute heroin, was sentenced to serve 32 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that between December 2015 and June 2016, the defendant conspired with others to distribute heroin in the Western District of New York. Hinca was identified as a heroin dealer during a 2016 DEA investigation into a larger drug-trafficking network operating in the Buffalo area.
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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Two Niagara County Men Charged with Forcing Undocumented Immigrants to Work in Their Mexican RestaurantRead 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 Roberto Montes-Villalpando, 59, of Sanborn, NY, and Abraham Montes, 27, of Lockport, NY, with conspiracy to commit forced labor, forced labor, conspiracy to harbor aliens for financial gain, harboring an alien for financial gain, and harboring an alien for financial gain and causing serious bodily injury. Abraham Montes is also charged with transporting an alien for financial gain. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that according to the indictment, the defendants owned and operated El Cubilete Mexican Restaurant, formerly located at 9400 Niagara Falls Boulevard in Niagara Falls, NY, between December 2014 and late 2018, at which time the restaurant moved to 2050 Cayuga Extension in Niagara Falls. Defendant Montes-Villalpando managed the restaurant, supervised the staff, including wait and kitchen staff, made hiring and firing decisions, and determined payroll. Defendant Montes supervised the kitchen staff of El Cubilete. The kitchen staff included Victims 1, 2, 3, and 4, who were each natives and citizens of Mexico without any legal status in the United States. The victims were employed by the defendants as cooks, food preparers, and dishwashers. In addition, the victims sublet an apartment rented by defendant Montes-Villalpando in Niagara Falls.
Between November 1, 2014, and February 18, 2018, the defendants recruited and hired undocumented foreign nationals who had entered the United States illegally to work for them. Montes-Villalpando and Montes enticed prospective laborers who lived and worked in Ohio, including Victim 1 and Victim 2, to work at El Cubilete by promising better pay and fewer hours. The defendants conspired to obtain the labor and services of Victims 1 through 4 by serious harm and threats of serious harm. During the course of the conspiracy, the defendants are accused of causing serious bodily injury to Victim 3.
“As alleged in this indictment, the defendants took advantage of these aliens by using threats and, in at least the case of one victim, physical force, in order to exploit them,” stated U.S. Attorney Kennedy. “Human trafficking of any sort, including forced labor, will not be tolerated in our great country, and those who seek to inflict such an injustice on another human being will be prosecuted to the fullest extent of the law.”
“Homeland Security Investigations (HSI) is committed to investigating and prosecuting all forms of human trafficking, including forced labor,” said Special Agent-in- Charge Kevin Kelly of HSI Buffalo. “Forced labor strips individuals of their basic human freedom and has no place in a modern society or in our community. HSI is proud of the work accomplished in this case with the U.S. Attorney’s Office, and our law enforcement partners.”
“This is a fine example of how the Human Trafficking Task Force is working between federal and local law enforcement agencies,” said Erie County Sheriff Timothy Howard. “These charges are the result of a detailed investigation and our proof of the commitment that law enforcement has to putting an end to human trafficking in this area.”
The defendants were arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.
The indictment is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region, and the and the Human Trafficking Task Force of the Western District of New York.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Pleads Guilty to Illegally Possessing A Firearm and Selling CocaineRead 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 Miguel Gonzalez-Adams, 40, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing cocaine with intent to distribute and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and an $8,000,000 fine.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that on January 31, 2020, United States Postal Inspectors obtained a search warrant for a priority mail package that was sent from Puerto Rico to the defendant’s residence in Rochester. The package contained over two kilograms of cocaine. The cocaine was removed from the package and replaced with sham cocaine. Postal Inspectors then conducted a controlled delivery of the package to Gonzalez-Adams’ residence.
On February 3, 2020, once the defendant accepted delivery of the package, law enforcement officers executed a search warrant of Gonzalez-Adams’ residence. Officers found the opened package on the first floor of the house. The defendant was located in an upstairs bedroom with $2,435 in cash and a cell phone that displayed the tracking information for the cocaine package. Officers also recovered a loaded AR-15 style rifle, along with an additional 162 rounds of ammunition for that weapon.
Gonzalez-Adams was previously convicted in 1999 of felony crimes in the United States District Court for the District of Puerto Rico. As a result, he is legally prohibited from possessing a firearm.
The guilty plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 Ontario County Sheriff’s Office, under the direction of Sheriff Kevin M. Henderson; the Greece Police Department, under the direction of Chief Patrick D. Phelan; the Webster Police Department, under the direction of Chief Joseph Rieger; and the New York State Police, under the direction of Major Eric Laughton.
Sentencing is scheduled for September 10, 2020, at 9:15 am before Judge Siragusa.
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Ontario County Woman Pleads Guilty to Wire Fraud for Stealing More Than $750,000 from Her EmployerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Karen Owens, 55, of Phelps, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. Owens had authority to write and issue checks from FLC's banking account at Five Star Bank to FLC's vendors and creditors in order to pay legitimate business expenses. The defendant also had an obligation to record the details of each check she wrote and issued on behalf of FLC timely and accurately - including check date, check number, and payee - in FLC's QuickBooks accounting records.
Between June 2, 2011, and August 24, 2017, the defendant wrote and issued approximately 394 checks payable to herself from FLC's Five Star Bank account. Owens deposited the checks into an account which she owned and over which she had control. In addition, between August 30, 2010, and August 24, 2017, the defendant wrote and issued approximately 162 checks payable to J.P. Morgan Chase Bank from FLC's Five Star Bank account as payments on Chase Bank credit card accounts belonging to the defendant and her husband. In order to conceal some of the fraudulent and unauthorized checks, Owens failed accurately to record the checks in FLC's QuickBooks accounting record; instead, she falsely recorded the checks as payment for legitimate business expenses.
Owens wrote checks totaling more than $750,000.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for September 9, 2020, before Judge Geraci.
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Getaway Driver in McDonald's Robbery Sentenced to Three Years in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juwan Baldwin, 27, of Rochester, NY, who was convicted of one count of Hobbs Act Robbery, was sentenced to serve 36 months in prison by U.S. District Judge Elizabeth A. Wolford for his role in the December 28, 2018, robbery of a local McDonald’s restaurant.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that in the early morning hours of December 28, 2018, the defendant drove co-defendants Malik Lott and Lavon Wims to the McDonald’s restaurant at 1701 East Avenue in Rochester, knowing that Lott and Wims were going to rob the restaurant. Baldwin stayed in the car while Lott and Wims entered the restaurant where Wims held a knife to the throat of a McDonald’s employee. Wims then dragged the employee to the cash register and then to the safe, demanding money. At the same time, Lott displayed what appeared to be a handgun to another McDonald’s employee. Wims and Lott left McDonald’s with the stolen cash and were picked up by Baldwin, who drove them home.
Lavon Wims and Malik Lott were previously convicted and sentenced.The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Violent Crimes Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton; the New York State Police, under the direction of Major Eric Laughton; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Buffalo Man Pleads Guilty to Assaulting A VA Police OfficerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Darnell Curry, 27, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder to assaulting, resisting, or impeding a federal officer. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that on February 19, 2020, while at the Starbucks inside the Veterans Affairs Medical Center on Bailey Avenue in Buffalo, the defendant engaged in a verbal argument with a female friend employed at Starbucks.
Three Department of Veterans Affairs Police officers approached Curry in response to a complaint about the verbal argument. When the defendant did not hear or acknowledge verbal commands, an officer touched Curry's shoulder. The defendant turned and a scuffle with the officers ensued. During the scuffle, Curry pulled an officer by the vest and into his body. In the process, the defendant struck the officer in the head, leaving a mark on his cheek below his left eye. Physical resistance by the defendant resulted in the officers taking Curry to the ground, handcuffing, and detaining him.
The plea is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri, and the VA Medical Center Police, under the direction of Chief Michael Steinmetz.
Sentencing is scheduled for September 16, 2020, before Judge Schroeder.
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A Florida Man Alleged to Have Terrorized an Underage Victim Online Indicted on Child Pornography, Enticement, and Cyberstalking ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Andrew Lynch, a/k/a Gregory O’Neil, 30, of Crystal River, Florida, with production and receipt of child pornography, enticement of a minor, and cyberstalking. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and a fine of $250,000.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendant used Facebook to engage in sexual conversations and obtain sexually explicit images from Victim 1 who was under the age of 18. Lynch then engaged in sextortion, using those conversations and images to coerce Victim 1 into sending additional explicit pictures, videos, and engage in sexual video chats.
The defendant began communicating with Victim 1, who was 13 years old, on Facebook in late April 2018. After initially refusing to send Lynch nude photos, Victim 1 eventually sent both photos and videos because the defendant threatened to send messages to her family and friends. Lynch continued to coerce Victim 1 into sending photos and videos through the use of threats for approximately three weeks.
The defendant is being detained in Florida and will be returned to the Western District of New York at a later date for arraignment.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Felon Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert E. Tillard, 35, of Rochester, NY, who was convicted of being a felon in possession of a firearm, and to possessing marijuana with intent to distribute it, was sentenced to serve 66 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on February 25, 2017, Rochester Police officers, having observed a traffic violation, stopped the defendant on Flint Street. Upon stopping, Tillard exited the car and ran. As Tillard ran from the police, he threw a 9mm handgun to the ground. Upon apprehending Tillard, the officers also discovered approximately 56 small plastic baggies of marijuana in his pocket.
In 2008, Tillard was convicted of a drug charge in Monroe County Court. 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.
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Mexican Citizen Pleads Guilty to Re-Entry Charge, Sentenced to 20 Months in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pablo Vargas-Arriga, 41, a citizen of Mexico, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to re-entry of a previously removed alien and was sentenced to serve 20 months in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on June 16, 2019, Brockport Police Officers encountered the defendant while responding to a domestic call. U.S. Border Patrol Agents were then called to the residence. Vargas-Arriaga stated he was a citizen of Mexico and did not have documents that would allow him to be or remain in the United States legally. The defendant was subsequently charged by the Brockport Police Department with various offenses related to the domestic incident. In November 2019, further investigation determined that Vargas-Arriaga has no valid immigration status, has five previous criminal convictions, and was removed from the United States on five previous occasions.
The plea and sentencing are the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan, and the Brockport Police Department, under the direction of Chief Mark Cuzzupoli.
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Wellsville Man Charged with Sending Messages Threatening to Kill Another IndividualRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Kemp, 21, of Wellsville, NY, was arrested and charged by criminal complaint with interstate communication threatening to injure a person. The charge carries a maximum penalty of five years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, in November 2018, an individual (Victim) told the New York State Police that the defendant had previously physically assaulted the Victim on many different occasions. On one occasion, Kemp allegedly choked and threatened the Victim with a pocket knife if the Victim didn’t shut up. The victim stated that Kemp asked “if I wanted him to kill me.” The victim also stated that Kemp began sending threatening text messages on the morning of November 5, 2018. One message stated: “I WILL ACTUALLY KILL YOU.”
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.
The complaint is the result of an investigation by the New York State Police, under the direction of Major James Hall, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
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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Union Leader Pleads Guilty to Embezzling Union FundsRead 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 Arnold, 49, of Pine City, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to embezzlement of union funds. The charge carries a maximum penalty of five years in prison and a $10,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant served as Financial Secretary with Steelworkers Local Union 104M, which represents approximately 75 workers at Anchor Glass Container Corporation, from September 2015 to August 2018. As financial secretary, Arnold was responsible for collecting dues checks, recording all receipts, maintaining receipts and disbursement records, writing and signing checks, and preparing an accurate account of all money received and paid out to report monthly to the union membership.
Between April 2016 and August 2018, Arnold embezzled $33,224.15 in union funds. The defendant made unauthorized purchases with the union’s debit card; made unauthorized ATM withdrawals from the union’s checking account; and wrote unauthorized checks to himself from the union’s checking account.
The plea is the result of an investigation by the US Department of Labor, Office of Labor Management Standards (OLMS) Buffalo Office, under the direction of the Boston-Buffalo District Office, District Director Jonathan Russo.
Sentencing is scheduled for September 10, 2020, before Judge Geraci.
Montour Falls Man Pleads Guilty to Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael J. Truesdail, 39, of Montour Falls, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on March 27, 2019, a federal search warrant was executed at the defendant’s Henry Street residence. A number of electronic items were seized including two computers, a hard drive, an SD card, and two thumb drives. A forensic analysis recovered more than 8,000 images and 10 video files, some of which depict children engaged in sexual activity with other children and with adults.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for September 10, 2020, before Judge Geraci.
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Indian Man Arrested After Attempting to Smuggle Marijuana into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Arshdeep Singh, 21, a citizen of India, was arrested and charged by criminal complaint with possessing with intent to distribute and importation of marijuana. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in the early morning hours of June 5, 2020, a commercial truck carrying coffee makers and bearing Prince Edward Island, Canada license plates, attempted to enter the United States at the Peace Bridge Port of Entry. The commercial truck was referred to the Vehicle and Cargo Inspection System for a non-intrusive x-ray exam, which showed inconsistencies between the cargo in the nose of the trailer and that of the rest of the load. Officers also observed that the trailer did not have a commercial seal securing the back doors. As a result, it was referred to the Peace Bridge warehouse loading dock for a physical exam. During the initial physical exam, officers offloaded the properly identified coffee makers. They also located four skids containing seven crates that differed from the rest of the load. Inspection of the crates revealed coffee grounds. Secreted under the coffee grounds were vacuum sealed bags containing a green leafy substance. Approximately 1,608 vacuum sealed bundles of suspected marijuana, weighing nearly 1,800 lbs., were removed from the original shipment containers, with an approximate value of $2,500,000.
“Recent events have created unique challenges for our Office and our partners in law enforcement as we work together to keep our communities and our Nation safe and secure,” stated U.S. Attorney Kennedy. “While the COVID-19 response may have slowed commerce across our Nation’s borders, this arrest proves not only that criminals persist in their efforts to break the law but that law enforcement remains vigilant in its effort to uphold it.”
“This was an excellent job by our officers from start to finish,” said Port Director Jennifer De La O. “From recognizing a shipment that needed further screening, to the identification of the anomaly during the secondary scan, to the coordination with our partners at HSI, our officers are committed to intercepting these illicit drugs from being smuggled in.”
“It is unfortunate that during a global health crisis, criminals are trying to exploit a tense situation for their own benefit,” said CBP Buffalo Field Office Director Rose Brophy. “The work of the officers has been incredible and their dedication to CBP's enforcement mission is evident in these recent large load narcotics seizures.”
Singh made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The complaint is the result of an investigation by Customs and Border Protection, under the direction Rose Brophy, Director of Field Operations, and Homeland Security Investigations - Border Enforcement Security Team, 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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Webster Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Glenn K. Smith, 52, of Webster, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between November 25, 2019, and January 30, 2020, the defendant was in possession of 157 images and seven videos of child pornography on a cellular telephone. Smith was also in possession of 45 images and five videos containing child pornography on a tablet. Some of the images included prepubescent minors or minors under 12 years-old. The defendant also shared some of these images on a peer-to-peer network.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for September 1, 2020, at 11:00 a.m. before Judge Geraci.
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Niagara Falls Man Pleads Guilty to Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Jake Seright, 40, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possessing with intent to distribute 40 grams or more of fentanyl. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life in prison, and a fine of $8,000,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between October 2018 and June 2019, the defendant sold fentanyl and cocaine to an individual working with the Drug Enforcement Administration on five separate occasions. On July 19, 2019, investigators obtained a federal search warrant for Seright’s apartment on Zito Drive in Niagara Falls. In anticipation of executing that warrant, investigators conducted surveillance in the vicinity during the afternoon and evening hours of August 5, 2019. At approximately 11:20 p.m., a stop was conducted of the defendant’s vehicle. A quantity of marijuana was recovered from Seright, who was arrested at that time. The defendant was also in possession of approximately $500 in cash and $625 worth of money orders. On August 6, 2019, a search warrant was executed at Seright’s apartment. Investigators recovered a digital scale, suspected cocaine and fentanyl, cutting agents, a kilogram press, and a vacuum sealer with bags.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in Charge Ray Donovan, New York Field Division, and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
Sentencing is scheduled for September 9, 2020, at 9:00 a.m. before Judge Skretny.
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