Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Arrested and Charged with Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Bella, 47, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute cocaine; maintaining a drug involved premises; possession of a firearm in furtherance of a drug trafficking crime; and being both a felon and an unlawful user of a controlled substance in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the according to the complaint, on April 23, 2020, Special Agents and Officers from Homeland Security Investigations, U.S. Border Patrol, U.S. Customs and Border Protection, and the Buffalo Police Department executed a search warrant at a residence on Summer Street in Buffalo. The defendant was present during the execution of the search warrant.
During the search, a U.S. Border Patrol Agent and K-9 performed a K-9 sniff of the residence. The K-9 alerted to a small locked metal box in the bedroom of the residence. The box contained plastic bag of white powder weighing approximately 63 grams of suspected cocaine, additional plastic bags, and a digital scale. Agents also discovered a shotgun and numerous rounds of ammunition in a wardrobe in the same bedroom where the cocaine was found. In addition, agents recovered THC gummies, lollipops, and other THC edibles; marijuana cigarettes and loose marijuana; THC vape cartridges; suspected Psilocybin mushrooms; an additional bag containing cocaine; a small quantity of MDMA; various pills; and THC resin. The investigation has determined that the defendant has been involved in the distribution of controlled substances for at least four years in the Buffalo area.
In April 2011, Bella was convicted of cocaine possession and destruction of evidence Lake County, Florida. As a result, he is prohibited from possessing a firearm and ammunition.
“This investigation should serve as yet another warning to would be criminals that despite the lockdown, the investigative efforts of law enforcement continue unabated,” stated U.S. Attorney Kennedy. “Our office and the investigative agencies with whom we work are not quarantined, and pandemic or not, we will continue to deliver justice to those who commit crimes.”
“HSI and our law enforcement partners in Western New York are united in our resolve to protect our communities through this public health crisis,” said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo. “HSI will continue working with our law enforcement partners to investigate and, ultimately, dismantle criminal organizations that engage in illegal and illicit activity.”
The complaint is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; U.S. Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston 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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Niagara Falls Man Indicted on Multiple Child Pornography Charges and Fleeing the Western District of New YorkRead 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 Carl Anthony, 66, of Niagara Falls, NY, with attempted production, production, and possession of child pornography. The defendant is also charged with contempt of court and conversion of government property. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 19, 2019, Town of Niagara Police received a complaint regarding a now-13 year old female (Minor Victim) who had been surreptitiously video recorded while changing and showering. The defendant was identified as the individual responsible for making the recording. On July 9, 2019, a federal search warrant was executed at Anthony's Niagara Falls residence. A hard drive that was seized during the execution of the search warrant was found to contain two videos, both of which showed the Minor Victim changing and showering in a bathroom.
The defendant is also accused of disobeying release conditions set by U.S. Magistrate Judge Michael J. Roemer on December 2, 2019. After being initially charged in the case, Anthony was ordered to remain in his residence at all times except for activities pre-approved by his Probation and Pretrial Services Officer. The defendant’s travel was also restricted to the Western District of New York. Between April 3 and April 14, 2020, Anthony traveled outside the District. He was taken into custody on April 14, 2020, in San Diego, California.
The defendant made an appearance in Federal Court in San Diego and will be returned to the Western District of New York at a later date.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Town of Niagara Police Department, under the direction of Chief H. James Suitor.
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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Mayville Man Indicted for Possession of A Large Amount of MethamphetamineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Harry J. Radke, 44, of Mayville, New York, with possessing with intent to distribute five grams or more of methamphetamine. The charge carries a minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the indictment, on January 27, 2020, the Chautauqua County Sheriff’s Office received information that multiple individuals were living in apartments at a residence on South Erie Street in Mayville. After speaking with the owner of the building, deputies learned that, except for one, the apartments were supposed to be empty because the building was in the process of being renovated. Deputies were given permission by the owner to go into the apartment building and clear out the individuals who were not supposed to be in the building.
As deputies were clearing the apartments in the building, they found an unmarked third floor apartment. As they were preparing to make entry, the defendant came out of the apartment and was taken into custody. While clearing the apartment, deputies noticed signs of methamphetamine possession, production, and distribution. As a result, they called the Drug Enforcement Administration for assistance. During a search of the apartment, investigators discovered scales, hypodermic needles, plastic baggies, and a red medical bag. Inside, they found brake fluid bottle with a false bottom. Inside the false bottom was an ounce of methamphetamine. Investigators also found a pair of boots in the apartment with the wallet and the defendant’s identification inside them.
The defendant is currently detained and scheduled to be arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy on Tuesday April 28, 2020, at 2:00 p.m.
The indictment is the result of a joint investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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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Armed Trafficker Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Billy B. Sanders, 37, of Rochester, New York, pleaded guilty before U.S. District Judge Charles J. Siragusa to being a felon in possession of ammunition, which carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that the defendant was arrested on May 2, 2019, after New York State Parole officers went to Sander’s residence on Saratoga Avenue in Rochester, for a compliance check. During that check, parole officers found a Polymer 80 semiautomatic pistol loaded with eight rounds of ammunition inside a backpack. The handgun did not have a serial number on it. During his plea, Sanders stated that he had the handgun and ammunition because he had been shot and needed the handgun for protection. The defendant admitted he also possessed a small amount of cocaine.
Sanders was previously convicted in April of 2004 in Federal Court of possessing with intent to distribute crack cocaine and carrying and brandishing a firearm during a drug trafficking crime, and was sentenced to serve 105 months in prison. In addition, the defendant was convicted in May of 2004 in Monroe County Court of Robbery in the First Degree, and received a 12 year prison sentence. As a result of those felony convictions, Sanders is legally prohibited from possessing firearms and ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Rochester Police Department, under the direction of Chief La’Ron Singletary; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for July 21, 2020, at 9:15 a.m. before Judge Siragusa.
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Government Seeks to Forfeit Fraudulently Obtained Items from Pawn Shop OwnerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a civil forfeiture complaint has been filed in United States District Court for the Western District of New York seeking to forfeit assets which the government alleges that Devin Tribunella, 36, of Rochester, NY, obtained through fraud.
According to Assistant U.S. Attorney Grace M. Carducci, who is handling the civil case, the complaint seeks the forfeiture of:
• A 2014 Rolls Royce;
• A 2014 Mercedes Benz;
• A 2008 Lamborghini;
• A 2015 Porsche 911;
• $148,025 seized from two PayPal accounts;
• $7,157.87 seized from Canandaigua National Bank;
• A men’s Rolex watch;
• A men’s Patek Phillipe diamond encrusted watch;
• A 14k 21ct. diamond tennis chain;
• A 14k 2ct. diamond tennis bracelet;
• A 14k diamond cross;
• A 14k 41.5ct. diamond necklace; and
• A gold Cartier bracelet.On November 19, 2019, Tribunella was charged by criminal complaint with: wire fraud; conspiracy to commit wire fraud; selling and conspiring to sell stolen goods across state lines; engaging in financial transactions involving the proceeds of this unlawful activity; and aggravated identity theft. Tribunella owns and operates Royal Crown Pawn & Jewelry (Royal Crown) located at 3635 Dewey Avenue in Rochester. Royal Crown has one of the highest volumes of purchases and sales of any pawnshop in Monroe County.
The complaint against Tribunella states that individuals struggling with opiate addiction had been stealing merchandise from Rochester area retail stores, including CVS, Wegmans, Walmart, Kohl’s, Lowe’s, Circuit City, Target, Walmart, and Home Depot, and selling the stolen merchandise to pawnshops, including Royal Crown. Those stealing the property would then use the proceeds of their “sales” to Royal Crown in order to purchase illegal drugs. The defendant allegedly knowingly purchased stolen, new-in-box goods from these individuals for a fraction of the retail value. In order to perpetuate this scheme, Tribunella made false and fraudulent representations in an online database known as LeadsOnline as well as in his User Agreements with eBay and Amazon. The defendant would subsequently re-sell the stolen goods on eBay and Amazon and ship them to buyers, including to buyers located outside of New York State.
Between January 1, 2017, and September 16, 2019, Tribunella and a co-defendant are accused of purchasing and re-selling $3,248,426.79 in stolen goods on eBay. According to the civil complaint, Tribunella used $2,995,949.55 of these illegal proceeds to purchase the above-referenced vehicles and jewelry, and to fund financial accounts and cash withdrawals.
This cycle of theft and re-sale has also resulted in Monroe County having some of the highest incidents of retail theft in the country, according to statistics maintained by nationwide retailers.
The criminal and civil complaints are the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief La’Ron D. Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
If convicted of the criminal charges, Tribunella faces 20 years in prison and a $250,000 fine.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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CBL/BFL Member Sentenced for Racketeering Conspiracy and Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larquon Watkins, 27, of Buffalo, NY, who was convicted of racketeering conspiracy and distribution of crack cocaine, was sentenced to serve 57 months in prison by U.S. District Judge Lawrence J. Vilardo, Jr.
Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, who handled the case, stated that the defendant was a member of the CBL/BFL Gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009, and which 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. Watkins is one of 12 CBL/BFL Gang members charged and convicted in this case. He is the 4th defendant to be sentenced.
On various occasions between 2010 and 2012, the defendant was stopped by Buffalo Police Officers and found to be in possession of marijuana, and between 2015 and 2016, the defendant sold crack cocaine at least 10 times and heroin at least 10 times in the Towne Gardens to an individual working investigators.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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 James Michel; 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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Niagara Falls Man Indicted by A Federal Grand Jury for Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 16 count indictment charging Jonathon R. Cassatt, 34, of Niagara Falls, NY, with 15 counts of production of child pornography and one count of possession of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the indictment and a previously filed criminal complaint, in November 2019, the Niagara Falls Police Department received information that the defendant’s cell phone contained images and videos of child pornography. Subsequent investigation determined that Cassatt used his cell phone to produce child pornography involving a minor victim on 15 different occasions between 2017 and 2019.
Cassatt was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Niagara Falls Police Department, under the direction of Chief 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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Federal Grand Jury Returns Superseding Indictment Charging Eights Defendants in Drug Trafficking Ring Stretching Across 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 a federal grand jury has returned a 22-count Superseding Indictment charging David Burgin, David Washington a/k/a Dirty Dave a/k/a Dirt a/k/a Wavy Davey a/k/a Brick Boy Dave, Eleazar Martinez Medina, Rodney Pierce, Torrance Bailey a/k/a Bird, Sherron Kye, Devante Nance a/k/a V-Dutch, and Devon Clark a/k/a Booski, with conspiring to possess with intent to distribute, and distributing, controlled substances, including five kilograms or more of cocaine, one kilogram or more of heroin, 400 grams of fentanyl, 280 grams or more of cocaine base, 100 grams or more of fentanyl analogues, and marijuana. Several defendants are also charged with possession with intent to distribute these same controlled substances and maintaining premises for the purposes of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison. Defendants Burgin and Pierce also face an additional consecutive five-year sentence for possessing firearms in furtherance of drug trafficking.
Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the Superseding Indictment, the defendants were involved in a drug trafficking ring that stretched from California to Buffalo and involved cocaine, crack cocaine, fentanyl analogues, and fentanyl being transported to the Buffalo, NY area for distribution and sale.
During the course of the investigation, search warrants were executed at 12 residences, and investigators seized $1,405,327 in United States currency in Buffalo and California. In addition, investigators seized:
• six firearms;
• 3.63 kilograms of fentanyl;
• 2.97 kilograms of cocaine;
• 309 grams of fentanyl analogues;
• 893 grams of heroin; and
• 268 grams of crack cocaine;
• six concealed traps—many of which were hydraulically operated;
• scales and drug packaging materials.The superseding indictment also seeks the forfeiture of multiple firearms, ammunition, and the financial proceeds of the drug trafficking conspiracy.
The indictment and criminal complaint are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff’s Office, under the direction of Sheriff Tim Howard; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jamestown Man Indicted on Drug Conspiracy ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Rocco A. Beardsley, 34, of Jamestown, NY, with narcotics conspiracy. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between December 2018, and April 2020, the defendant conspired with others to possess and distribute methamphetamine; acetyl fentanyl; crack cocaine; and fentanyl.
Beardsley was previously convicted in Federal Court in 2007 of conspiracy to distribute crack cocaine and sentenced to serve 57 months in prison. The defendant is currently on New York State parole following a 2017 conviction for Criminal Possession of a Controlled Substance, and Narcotic Drug Intent To Sell.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and is being detained.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Jamestown Police Department, under the direction of Chief Harry Snellings; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Charged in Federal Court with Multiple 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 David Dixon, 38, of Rochester, NY, was arrested and charged by criminal complaint with possessing cocaine with intent to distribute, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, a maximum of life, and a fine of $1,000,000.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the complaint, the defendant was arrested on March 11, 2020, at approximately 2:37 a.m., after police responded to an attempted burglary call. Upon searching Dixon, officers recovered a loaded handgun, approximately 24 grams of cocaine, and $586 in cash.
In 2004, Dixon was convicted of Robbery in the First Degree and as a result is legally prohibited from possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.
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 criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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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Greece Man Arrested and Charged with Enticing A Minor to Engage in Sexual ActivityRead 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 Joseph McGrain, 49, of Greece, New York, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on March 27, 2020, the Greece Police Department learned that the defendant had been having a sexual relationship with a 16 year-old girl (Minor Victim) for one and a half years.
On April 1, 2020, investigators observed Facebook chat conversations between the defendant and Minor Victim on her cell phone. Among the messages, McGrain stated, “I miss our nights.” Another message stated, “Just sucks cause it's wrong but feels so good and safe with you...your right it’s wrong and it will end...thank you for that magic for the past year.” According to the complaint, the defendant and the Minor Victim had sexual relations almost daily since approximately October 2018, when she was fourteen years old, until March 26, 2020. The Minor Victim also sent McGrain numerous naked photographs of herself.
On the night of April 5, 2020, the defendant sent messages to the Minor Victim stating, “I'm a wreck, I already lost all. i told you death is my way out, If you really want it to end then tell them you set it all up and lied...I lost all and I'm just ready to die now.”
The defendant 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 Greece Police Department, under the direction of Chief Patrick D. Phelan, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Woman Charged in Federal Court with Assault for Spitting on A Postal Employee and Claiming to Have the CoronavirusRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Melissa C. Daniels-Johnson, 39, of Buffalo, New York, was charged in a criminal complaint with assault of a federal employee and threatening to assault a federal employee. The charges carry a maximum penalty of eight years in prison.
“Any individual who threatens or attempts to use the COVID-19 virus as a weapon as alleged here deserves—and should expect—a strong dose of justice,” stated U.S. Attorney Kennedy. “For a person to spit on a public servant is beyond vile and disgusting—it is criminal. No matter who they are or what they do, the brave men and women who continue to serve others during this pandemic deserve our respect, admiration, and protection. Whether doctors, nurses, police officers, grocery clerks, letter carriers, transit workers, or anyone else providing an essential service, my message to you is simple, you have our thanks, and we have your backs.”
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on March 19, 2020, at approximately 6:50 p.m., Postal Inspectors and Cheektowaga Police officers were called to the Cheektowaga Branch Post Office, located at 125 Galleria Drive in Cheektowaga, NY, for a report of a United States Postal Service letter carrier who had been verbally abused and spit upon by a female USPS customer. The incident occurred while the letter carrier was collecting the mail from the blue collection boxes situated in front of the Cheektowaga Post Office.
The letter carrier stated that while he was collecting mail, the defendant drove into the postal parking lot through the exit driveway, and drove against one-way traffic. He advised Daniels-Johnson that she entered the lot the wrong way. In response, she started screaming profanities at him, and threatened to cough on him to give him the Coronavirus. The manager of the Cheektowaga Branch Post Office tried to calm Daniels-Johnson and de-escalate the situation, but she remained very aggressive and abusive. As the defendant began to pull away, she pulled near the mailboxes, where the letter carrier was working, and pointed a cellphone at him and said, “This is the (expletive) right here, so you know what he looks like.” The letter carrier said the defendant told him that she was sending her husband to “(expletive) him up,” and told him that he was not going to “know what hit” him. The letter carrier said that he heard the male on the other end of the call tell Daniels-Johnson, “I don't think you should be saying things like this to a mail man.” The letter carrier said Daniels-Johnson replied with more derogatory remarks and expletives, adding that the letter carrier “ain't gonna do (expletive),” and then spit at him. The letter carrier used a mail bucket to shield his face, but the spit got all over his shorts and on his right leg. The woman sped away. The letter carrier went inside and removed his clothing. He was very concerned because of the defendant’s comment about Coronavirus.
The defendant is scheduled to make an initial appearance on April 27, 2020, before U.S. Magistrate Judge Michael J. Roemer.
The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local, and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at [email protected].
The complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to Speeding Through Lewiston Border CrossingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raison Holt, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo, Jr. to high speed flight from border checkpoint. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on January 20, 2020, around 6:00 a.m., the defendant was driving a motor vehicle on the Lewiston-Queenstown Bridge, heading into Canada. Before entering Canada, Holt turned around in the middle of the bridge and drove toward the United States at the Lewiston Bridge Port of Entry in Lewiston. Despite numerous “stop” signs posted by U.S. Customs and Border Protection, the defendant failed to stop for federal inspection.
At a vehicle check point just past the initial inspection gate, a CBP officer verbally ordered Holt to stop, but the defendant ignored the command and accelerated on Interstate 190, and then onto the route 104 exit ramp. CBP vehicles gave chase in pursuit of the defendant’s speeding vehicle. Officers witnessed Holt lose control of his vehicle and crash into a ditch on the side of the road. The defendant attempted to run away but officers took the Holt into custody. It was subsequently determined that the vehicle the defendant was driving was stolen. Holt was turned over to the Buffalo Police Department for an outstanding arrest warrant for Grand Larceny and Unauthorized Use of a Motor Vehicle.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
Sentencing is scheduled for August 21, 2020, before Judge Vilardo.
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With Sharp Rise in Fatal Drug Overdoses in Erie County During the Past Month, Buffalo Man Arrested and Charged with Heroin Possession Following Months of SurveillanceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that James Terrell, 35, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute one kilogram or more of heroin. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
“Lately, with the pandemic, we have heard a great deal about mortality rates,” stated United States Attorney Kennedy. “Since March 1st in Erie County, we have had 110 documented drug overdoses which have resulted in the deaths of 36 individuals—for a death rate of 33%—one-third of all individuals who have overdosed in Erie County since March 1st have died. I think we need to consider the role that social isolation coupled with non-stop reporting on the pandemic may have on the feelings of desperation and hopelessness among those struggling with substance abuse. Amidst the current crisis, we need to remember that substance abuse existed long before COVID-19, and it will likely remain long after we have wiped out the virus. Not only has the time come to credit those brave men and women working in the medical, healthcare, and law enforcement communities as they do their best, in the face of deadly threats, to preserve public health and safety, but the time has also come for all of us to recognize that the job is not theirs alone to do. Only when personal responsibility overtakes public panic as the impetus for individual and collective action can we optimize our ability to recognize and overcome the greatest threats we face.”
“It’s unconscionable that drug traffickers would continue to distribute their deadly poison in our communities in the midst of a public health crisis,” said Kevin Kelly, Special Agent-in-Charge for Homeland Security Investigations (HSI). “These reckless actions only serve to deepen the resolve of HSI, the Erie County Sheriff’s Office, and our partners to protect our communities against the multitude of threats that exist today.”
“I am extremely pleased that my Narcotics Unit and our partners at Homeland Security Investigations were able to complete an investigation and arrest another drug dealer in our community,” said Sheriff Timothy B. Howard. “Unfortunately, these peddlers of death are taking advantage of people at a very vulnerable time. With increasing stress levels and isolation, drug dealers are preying on people, and law enforcement won’t stand for it. That is why we will continue our efforts during this pandemic to ensure our residents’ health and safety.”
Assistant U.S. Attorney Michael J. Adler, who is handling the case against Terrell, stated that according to the complaint, in 2019, Homeland Security Investigations learned that the defendant was engaged in an exchange of bulk U.S. currency. Subsequent surveillance revealed that Terrell changed vehicles multiple times. On August 20, 2019, around 1:05 p.m., the Erie County Sherriff’s Office executed a vehicle and traffic stop of the defendant in the vicinity of East Delavan Avenue and Grider Street in Buffalo. During the traffic stop, a K9 dog detected the odor of narcotics on the rear passenger side door. A search warrant was executed on the vehicle and resulted in the seizure of $80,110 in cash and two cellular telephones.
During subsequent surveillance, HSI Special Agents observed Terrell operating additional vehicles, a common tactic deployed by drug traffickers in an effort to avoid law enforcement surveillance and detection. In addition, during the course of the surveillance, investigators conducted a controlled purchase of fentanyl from the defendant. On April 9, 2020, HSI Special Agents conducting surveillance observed Terrell’s vehicle parked on Earl Place in Buffalo. At approximately 2:00 p.m., they observed a delivery driver park in front of a residence on Earl Place and place a large brown box on the porch of the residence. A short time later, agents observed the defendant leave the same residence carrying a package. Terrell was observed at the trunk of his vehicle for approximately 30 seconds, he then got into the vehicle and drove away. Buffalo Police then conducted a traffic stop a few blocks away.
A search warrant was executed on the vehicle. During the search, investigators recovered a brick like object from the trunk, compactly taped and hidden within sweatpants. Examination of the brick revealed several additional layers of tape and wrappings. Underneath the taping and wrapping was a thinly green taped brick with the words “Arco Tijuana” written on it in marker. Field testing determined the brick contained suspected heroin.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Rochester Men Arrested, Charged for Their Roles in Three Home InvasionsRead 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 Forbes, Jr., a/k/a Ra Ra, a/k/a Henny, 34, of Rochester, NY, was arrested and charged by criminal complaint with Hobbs Act robbery conspiracy, aiding and abetting the possession and discharge of a firearm in furtherance of, and carrying a firearm during and in relation to, a crime of violence, and aiding and abetting. In addition, Eric Lowe, 26, also of Rochester, was arrested and charged with Hobbs Act robbery and possession and brandishing of a firearm in furtherance of, and carrying and brandishing a firearm during and in relation to, a crime of violence. The Hobbs Act charges carry a maximum penalty of 20 years in prison and the firearms charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, the defendants are facing charges for their roles in three home invasions in the City of Rochester:
• In the early morning hours of January 7, 2020, Rochester Police Officers responded to a home invasion at a residence on Glide Street in Rochester. When officers arrived, the victim stated that when he returned home with his girlfriend, he found two individuals, one who was armed with a handgun, inside his residence wearing ski masks. The victim advised investigators that a large gold chain, which had a unique medallion of Jesus on it, approximately one ounce of marijuana, a PlayStation, Apple IPad, and $600.00 cash was taken during the home invasion. In addition, the victim stated that the suspects kept asking where the money was.
• Late in the evening of March 25, 2020, Rochester Police Officers were dispatched to a residence on Avenue E in Rochester, for the report of another home invasion robbery. When officers arrived, the victim indicated that two males forced their way into her residence with handguns and robbed her. The victim stated she was tied up with a bed sheet and the suspects kept asking her where the drugs and money were.
• Just a few hours later, in the early morning hours of March 26, 2020, Rochester Police Officers were dispatched to a residence on Wellington Avenue in Rochester. One of the residents stated that the suspects began asking where the money and drugs were. One of the suspects held a knife to a female victim while the other pointed a gun at a male victim. The suspects eventually left the residence with a Gucci purse, which contained credit/debit cards and two Louis Vuitton wallets, a Sony PlayStation 4, two cell phones, a key fob for a Lexus parked in the driveway, and approximately $2,000.00 in cash.Later in the day on March 26, 2020, Forbes’ vehicle was stopped by police on Upper Falls Boulevard. A search of the vehicle located surgical masks in the glove box, a black ski mask in the front passenger door, and zip ties in the rear seat behind the rear center console, items commonly used in homes invasions.
On April 1, 2020, while conducting surveillance, officers attempted to conduct a traffic stop of a vehicle being driven by Forbes at North Clinton Avenue and Norton Street. Forbes immediately fled from officers and took them on a 13 minute, high-speed chase which ended when Forbes crashed into a marked Rochester Police car on West Ridge Road. After being taken into custody, police found 10 waxine baggies of a powdery substance which field-tested positive for the presence of heroin.
Eric Lowe was arrested on March 27, 2020. He made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was detained. Robert Forbes was arrested on April 1, 2020. He made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was also detained.
The 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; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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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Man and Woman Charged with Selling Heroin Which May Have Led to the Deaths of Two Individuals Will Remain in Federal CustodyRead 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 Sarah Szymanski, 28, of Cheektowaga, NY, was ordered detained following a detention hearing before U.S. Magistrate Judge Jeremiah J. McCarthy. Szymanski’s co-defendant Jonathan DiPirro, 29, of Depew, NY, waived his right to a detention hearing at this time and as a result, he also remains in custody. The defendants were arrested on March 24, 2020, and charged by criminal complaint with conspiracy to distribute heroin. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
“Thankfully, and notwithstanding the ongoing pandemic, my Office was able to do that which the New York State authorities, because of the recently enacted New York State bail reform law, were unable to do—protect our community from danger,” stated U.S. Attorney Kennedy. “Sadly, for at least one member of our community, that protection may have come too late. What is particularly troubling in this case is the fact that in January 2020, defendant Szymanski was arrested on 3 occasions—by the Cheektowaga Police Department, the Lancaster Police Department, and the Erie County Sheriff’s Office—during one 24 hour period. Despite having been arrested and charged with violating New York State Law 3 times in 1 day, Szymanski was permitted to remain at liberty. While free, she and her co-defendant continued to peddle these deadly opiates. Despite the fact that the police did their job and the District Attorney did his job, New York State law failed to do its job. My Office, with all of our partners in law enforcement, will not hesitate to take action to protect the public from those who bring harm to our community, and this case stands as proof positive that New York State’s bail reform law, as currently drafted, makes our community less safe.”
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, in October of 2019, the Lancaster Police Department, Drug Enforcement Administration, and the New York State Police Violent Gang Narcotics Enforcement Team began investigating the drug dealing activities of the defendants, who were identified as individuals who sold heroin and fentanyl together in the Western New York area. Since February of 2020, law enforcement has made three separate controlled purchases of suspected opiates from Szymanski and DiPirro.
On November 2, 2019, Lancaster Police Officers, the Bowmansville Fire Company, and the Lancaster Volunteer Ambulance Corporation, responded to an emergency call at a residence in Lancaster. When first responders arrived, they discovered an individual identified as J.L. deceased. Next to J.L., officers observed a hypodermic needle containing a small amount of liquid or blood. A few days later, on November 4, 2019, officers took custody of an eyeglasses case that contained an amount of suspected controlled substances and the hypodermic needle. Testing by the Erie County Central Police Services Forensics Laboratory confirmed that the powdered substance contained a mixture of acetyl fentanyl, fentanyl, and cocaine. On February 11, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in J.L's system at that time that contributed to the drug intoxication.
Subsequent investigation determined that DiPirro was the individual J.L. contacted by cell phone, using calls, text messages, and Facebook Messenger, to purchase heroin or fentanyl. Specifically, between September 2019 and November 2, 2019, the date of his overdose death, J.L. contacted DiPirro continually using these lines of communication. During that time, J.L. overdosed from heroin and/or fentanyl on three known occasions. J.L. survived the first two overdoses, but died as a result of the third overdose.
On March 4, 2020, the Cheektowaga Police Department responded to an emergency call at a residence in Cheektowaga involving an overdose of an individual. When officers arrived, they found an individual, identified as S.L., unresponsive. Officers administered two doses of Narcan but could not revive S.L. Officers also administered cardiopulmonary resuscitation and transported S.L. to St. Joseph's Hospital. Medical personnel ultimately pronounced S.L. dead. The investigation into S.L.'s fatal overdose revealed text messages and voice calls exchanged between S.L. and DiPirro on the date of S.L.'s death. The cause of S.L.’s death is pending.
The complaint is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.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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IRS Criminal Investigation and U.S. Attorney's Office Warn Taxpayers of COVID-19 Economic Impact Payment ScamsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – Internal Revenue Service - Criminal Investigation Special Agent-in-Charge Jonathan D. Larsen and U.S. Attorney James P. Kennedy, Jr. today are urging New York taxpayers to be vigilant of emerging scams targeting COVID-19 economic impact payments.
“We are living in unprecedented times and each one of us is struggling one way or another,” said Jonathan Larsen, Special Agent in charge of the IRS-CI New York Field Office. “In the coming weeks, the IRS will be issuing economic impact payments meant for hardworking Americans in a time of need and uncertainty. However, ruthless criminals are already preying on people’s fear during this pandemic, orchestrating various schemes to steal your money. Anyone expecting to receive a COVID-19 economic impact payment is at risk and we urge you to protect yourself.”
“Sadly, even during the most difficult of times for our community and Nation, the criminal element is standing by waiting to take advantage of a vulnerable and unsuspecting public,” stated U.S. Attorney Kennedy. “To my fellow Americans I say, please be as vigilant to protect these payments as you have been in your efforts to help slow the spread of the virus. The IRS is telling you how the process will work and that certain things—such as requests for personal information, contact through social media, or requests for further verification—are not part of that process. To the scammers I say, beware, we will stop at nothing to find you, and once we do, we will administer to you a healthy dose of justice.”
Scammers may try to get you to sign over your economic impact check to them. Alternatively, they may inform you that, in order for the IRS to issue your payment, they must first “verify” your filing information. They will then use this personal information to file a false tax return in your name and claim a fraudulent refund. The tactics may continue to evolve but the goal is the same: to steal your money and personal information to commit other crimes.
Taxpayers should know that the IRS will deposit COVID-19 economic impact payments into the direct deposit account they previously provided on their tax return. Unsolicited phone calls, emails, text messages or other communications pretending to be from the IRS are likely a scam.
The IRS will not:
• Call and ask you to verify your payment details. Do not give out your bank account, debit card or PayPal account information. If you receive an unsolicited call, simply hang up.
• Text, email or contact you via social media to say that you can get your money faster by sending personal information. Don’t open attachments or click on links.
• Mail or deposit a check that requires you to verify the check online or by calling a number. Reports are emerging about bogus checks. If you receive a “check” in the mail now, it’s a fraud. It will take about three weeks for the distribution of checks to begin. If you receive a “check” for an odd amount (especially one with cents), or a check that requires that you verify the check online or by calling a number, it’s a scam.Although criminals may change their tactics, knowing how the IRS will be issuing the COVID-19 economic impact payments can help taxpayers protect themselves. For the latest information visit www.irs.gov/coronavirus.
For media inquiries, contact Anny Pachner at [email protected]
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Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address COVID-19 PandemicRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
“These funds come at a critical moment in our Nation’s fight against COVID-19,” stated U.S. Attorney Kennedy. “New York State is the current epicenter of that battle. This funding will go a long way to help protect and assist our courageous first responders in their efforts to protect us.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
These cities, towns, and counties in the Western District of New York are eligible to receive the following funding:
City of Buffalo $713,149
Chautauqua County $58,008
Town of Cheektowaga $47,720
Erie County $58,008
Town of Greece $45,671
City of Jamestown $56,255
Monroe County $52,669
Niagara County $58,008
City of Niagara Falls $142,134
City of Rochester $474,295The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.# # # #
Niagara Falls Man Who Forced the Closure of the New York State Thruway Charged with Possessing Multiple BombsRead 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 M. Gandia, 47, of Niagara Falls, NY, was charged by complaint with unlawful possession of a destructive device and unlawful possession of a shortened shotgun. The charges carry a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on March 25, 2020, the New York State Police received a report of an individual pointing a shotgun with a red laser out of a red pickup truck on the New York State Thruway. A trooper located the vehicle stopped behind the traffic cones of an active work zone near the Town of Hanover. The trooper approached the vehicle and ordered the driver, later identified at the defendant, to exit. As the trooper attempted to handcuff Gandia, he resisted and a fight ensued. As the trooper struggled with the defendant, a second trooper arrived and assisted in handcuffing Gandia. The trooper who initially responded to the call suffered a broken hand in the altercation. A knife was found in the defendant’s pocket, and a second one was located on the ground next to the red pickup.
Following Gandia’s arrest, a trooper observed a sawed-off shotgun and a rifle in the passenger seat of the red pickup, as well as a ballistic vest and another knife. Another ballistic vest and an item that appeared to be a pipe bomb were then located in the rear of the vehicle. Troopers backed away from the vehicle, secured the scene, and called explosive specialists to the scene. The incident resulted in the closure of the westbound Interstate 90 of the New York State Thruway.
A New York State Police Bomb Technician examined the device and confirmed that the device, a pipe bomb, appeared to be a functional destructive device. During the examination of the device, the bomb technician utilized a “Disruptor,” a tool used to knock off the end cap of the device in an attempt to disassemble and disable the device remotely. During this procedure the device detonated.
Following the incident on the Thruway, investigators executed a search warrant at Gandia’s Cedar Street residence in Niagara Falls. They recovered nine suspected destructive devices, all appeared to be of similar construction as the device recovered from the defendant’s vehicle. Five of the suspected devices were attached to two separate propane tanks. Two of the devices were placed near the front entrance of the residence and two additional devices were placed near the rear entrance; all four devices were rigged to detonate.
“Amidst the pandemic, the brave men and women of law enforcement continue to risk life and limb to keep our communities safe,” said U.S. Attorney Kennedy. “With knives, guns, and 10 bombs—one of which was detonated, and nine of which were inside a house located in a crowded residential area—the danger this individual presented cannot be overstated. As our tremendous medical professionals—and each of us—focus efforts on doing everything possible to defeat the invisible enemy, our law enforcement professionals remain vigilant to ensure that our fight may continue and that the enemies amongst us can do us no harm. All of our protectors are worthy of our praise and gratitude.”
The complaint is the result of an investigation by the New York State Police, under the direction of Major James Hall; the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert; and the Chautauqua County District Attorney’s Office, under the direction of District Attorney Patrick Swanson.
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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Man and Woman Arrested, Charged with Selling Heroin Which May Have Led to the Deaths of Two IndividualsRead 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 DiPirro, a/k/a JD, 29, of Depew, NY, and Sarah Szymanski, 28, of Cheektowaga, NY, were arrested and charged by criminal complaint with conspiracy to distribute heroin. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, in October of 2019, the Lancaster Police Department, Drug Enforcement Administration, and the New York State Police Violent Gang Narcotics Enforcement Team began investigating the drug dealing activities of the defendants, who were identified as individuals who sold heroin and fentanyl in the Western New York area.
On November 2, 2019, Lancaster Police Officers, the Bowmansville Fire Company, and the Lancaster Volunteer Ambulance Corporation, responded to an emergency call at a residence in Lancaster. When first responders arrived, they discovered an individual identified as J.L. deceased. Next to J.L., officers observed a hypodermic needle containing a small amount of liquid or blood. A few days later, on November 4, 2019, officers took custody of an eyeglasses case that contained an amount of suspected controlled substances and the hypodermic needle. Testing by the Erie County Central Police Services Forensics Laboratory confirmed that the powdered substance contained a mixture of acetyl fentanyl, fentanyl, and cocaine. On February 11, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in J.L's system at that time that contributed to the drug intoxication.
Subsequent investigation determined that DiPirro was the individual J.L. contacted by cell phone, using calls, text messages, and Facebook Messenger, to purchase heroin or fentanyl. Specifically, between September 2019 and November 2, 2019, the date of his overdose death, J.L. contacted DiPirro continually using these lines of communication. During that time, J.L. overdosed from heroin and/or fentanyl on three known occasions. J.L. survived the first two overdoses, but died as a result of the third overdose.
On March 4, 2020, the Cheektowaga Police Department responded to an emergency call at a residence in Cheektowaga involving an overdose of an individual. When officers arrived, they found an individual, identified as S.L., unresponsive. Officers administered two doses of Narcan but could not revive S.L. Officers also administered cardiopulmonary resuscitation and transported S.L. to St. Joseph's Hospital. Medical personnel ultimately pronounced S.L. dead.
The investigation into S.L.'s fatal overdose revealed text messages and voice calls exchanged between S.L. and DiPirro on the date of S.L.'s death. The cause of S.L.’s death is pending.
Since February of 2020, members of DEA, Lancaster Police, New York State Police, and Depew Police have conducted three controlled purchases of suspected heroin from DiPirro and Sarah Szymanski.
“Notwithstanding the current pandemic, my Office, with all of our partners in law enforcement, will not hesitate to take action to protect the public from those who bring harm to our community,” stated U.S. Attorney Kennedy. “In this case, that harm was in the form of lethal opiates. What is particularly troubling is the fact that in January 2020, Ms. Szymanski was arrested on 3 occasions—by the Cheektowaga Police Department, the Lancaster Police Department, and the Erie County Sheriff’s Office—during one 24 hour period. Despite those arrests, she was permitted to remain at liberty, allowing her and her co-defendant to peddle this deadly poison. If that is not conclusive proof that New York State’s bail reform law as currently drafted makes our community less safe, then I don’t know what is.”
DiPirro and Szymanski made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and are being held pending detention hearings.
The complaint is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to 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 Keith Cooley, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to distribute 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Charles J. Volkert, who is handling the case, stated that between March and May 16, 2019, the defendant conspired with others to distribute crack cocaine in the Silver Creek area.
Between April 3 and May 9, 2019, investigators conducted six controlled purchases of crack cocaine from either the defendant or a co-defendant. On May 16, 2019, investigators executed a search warrant at an apartment on Central Avenue in Silver Creek. They recovered digital scales containing cocaine residue, a small amount of illegal narcotics, and approximately $700. Cooley was arrested at the scene.The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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 Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Evans Police Department, under the direction of Chief Douglas J. Czora; and the New York State Police, under the direction of Major James Hall.
Sentencing is scheduled for July 14, 2020, before Judge Sinatra.
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U.S Attorney Kennedy Urges the Public to Report Suspected COVID-19 FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
“My message to those who seek to exploit the pandemic for their own personal gain by stealing others’ money, or identity, or both, is simple,” stated U.S. Attorney Kennedy. “We have a treatment for you and that treatment includes prosecution and federal prison. While others may get sick from the virus, most will recover. Sadly, I am not so sure these predators will ever recover from their affliction—as it seems to have rotted their hearts and souls.”
Some examples of these schemes include:
• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. U.S. Attorney Kennedy appointed Assistant U.S. Attorney David Rudroff to serve as Coronavirus Fraud Coordinator for the Western District of New York.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
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Statement of United States Attorney James P. Kennedy, Jr. on COVID-19Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051As a community and a nation, we come together in times of crisis. Ironically, when it comes to COVID-19, our unification is best done in a metaphorical rather than literal sense.
In that spirit of unity, I ask that everyone in the community reflect on the brave men and women of law enforcement and those who work throughout the criminal justice system, who despite these difficult times, come together each day on a shared mission to serve, protect, and uphold the rule of law. Every individual working in law enforcement, whether as a law enforcement officer or prosecutor, began their career with an oath. Because that oath engendered a promise, it also carried with it a moral obligation. In the case of those working in the criminal justice system, that obligation includes a promise to support and defend the Constitution of the United States and to uphold our Nation’s laws. But their obligation—our obligation—does not end there. As Americans—no matter our occupation, no matter who we are, and not matter what we do—each of us are part of what our Founding Father’s characterized as the “great experiment” in self-governance. Yet, I fear that too many of us have come to view self-governance as a descriptor of how we go about choosing our leaders more than it is a characterization for how we ought to go about living our lives. Indeed, our very identity, as a Nation and as citizens, is predicated upon our ability to engage in self-governance. That is, the responsibility and obligation that each of us have to control and govern our own behavior—to live morally.
In times such as this—when we are tested—we must reaffirm our commitment to engage in self-governance and to unify in order to uphold those aspirational values which lie at the heart of our identity as Americans. As Americans, our identity depends not on where we came from, who we are, or what we have, but instead it is all about what we honor and uphold. Notions such as equality, justice, fairness—and perhaps the greatest legal precept ever—the Golden Rule—serve as the signposts on our collective journey toward unification and continued survival. We call it the American way, and it is our commitment to that American way that has guided us through troubled and uncharted waters in the past and it will carry us through these difficult times as well.
Those of us working in the criminal justice system at all levels remain committed to ensuring that the justice system will continue to function during this national crisis. The tremendous men and women who serve in my office will follow the guidance of the Attorney General, which makes it clear that the critical mission of the Department of Justice will continue. We will work closely with our partners in law enforcement and with the judiciary in order to ensure that health of those public servants who selflessly do their best each day to live up to their oaths of office. Together, we will continue to hold accountable those who fail to live up to their moral obligation as Americans.
Finally, my Office and the entire Department of Justice will remain particularly vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis. There have been reports of individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud, reports of phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention, and reports of malware being inserted onto mobile apps designed to track the spread of the virus. The pandemic is dangerous enough without wrongdoers seeking to profit from public panic. Such conduct will not be tolerated.
Together, we will pull through this crisis and reaffirm to the world that, nearly 250 years after the “great experiment” in self-governance, our people, our communities, and our Nation remain resilient, vital, and healthy.
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Federal Jury Convicts Two Defendants in Gun Conspiracy That Brought More Than 100 Illegal Guns to the Streets of BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a three week trial, a federal jury has convicted Titus Thompson, Jr., 35, of Buffalo, NY, and Deonte Cooper 25, of Ashtabula, Ohio, of conspiracy to traffic firearms from Ohio to Buffalo. The charge carries a maximum penalty of five years in prison. Thompson was also convicted of unlawful dealing in firearms, being a felon in possession of firearms, and maintaining a drug involved premises. Those charges carry an additional penalty of up to 35 years in federal prison.
Assistant U.S. Attorneys Emmanuel O. Ulubiyo and Charles J. Volkert, who handled the prosecution of the case, stated that during the course of the conspiracy, Deonte Cooper, who also sold heroin, recruited heroin customers to make straw purchases of more than 100 firearms. The purchases were made at gun shows and gun stores in Ohio. The firearms were then transported to Buffalo, where they were sold to local drug dealers, including Titus Thompson.
On May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives, and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which were utilized by Titus Thompson. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment. Thompson has two previous felony convictions, and was legally prohibited from possessing firearms.
Another six defendants were also charged and previously convicted in this case.
“These defendants evaded our Nation’s laws so that they could profit by providing drug dealers with one of the most sought after tools of their trade—illegal guns,” stated U.S. Attorney Kennedy. “These are the guns that are used to wreak so much havoc and violence in our community. When we disrupt the flow of illegal guns, drug dealers suffer and our community benefits.”
The verdict is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for June 23, 2020, before U.S. District Judge Elizabeth A. Wolford who presided over the trial.
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Buffalo Man Pleads Guilty to Being A Felon in Possession of A WeaponRead 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 Demario T. Chatmon, a/k/a/ Shawn, 41, of Buffalo, pleaded guilty before U.S. District Judge William M. Skretny, to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.
Assistant U.S. Attorneys Laura A. Higgins and Joshua A. Violanti, who are handling the case, stated that on or about May 15, 2017, during a search warrant executed at the defendant’s residence, he was found to be in possession of a 9 mm caliber semi-automatic pistol and 50 rounds of ammunition. Law enforcement also recovered a plastic bag containing 70.10 grams of cocaine, and a second plastic bag containing 168.86 grams of cocaine base. Other paraphernalia including scales, calibration weights, and razor blades were found inside the apartment along with $12,000 in U.S. currency.
The defendant was a known felon, having been convicted of criminal possession of a narcotic drug in the fourth degree in June 25, 2007 and convicted of attempted criminal sale of a controlled substance on July 11, 2011.
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 and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for June 17, 2020, U.S. District Court Judge William M. Skretny.
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Two Defendants Indicted in Cocaine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Harold Alexis Ortiz Cosme, 21, and Luis G. Candelario, 25, both of Puerto Rico, with conspiring to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a minimum penalty of 5 years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that the indictment arises out of a postal interdiction in Puerto Rico that resulted the seizure of 1 kilogram of cocaine. The package was addressed to “Harold Ortiz” at 192 Grant Street, Buffalo, NY, 14213. A joint operation between the Postal Inspection Service and the Drug Enforcement Administration involving a controlled delivery was conducted targeting 192 Grant Street. That operation yielded information leading to the defendants.
On February 12, 2020, a controlled delivery of a package containing sham cocaine was conducted at 192 Grant Street, Buffalo, NY, 14213. Defendant Candelario accepted the package and took it inside of the residence. Moments later, defendants Candelario and Ortiz Cosme, along with a third man came out of the residence and got into two cars, a Grey Nissan Altima and a Blue KIA Optima. Ortiz Cosme placed the package with the sham cocaine into the trunk of the KIA Optima, which he was driving. The two vehicles were then stopped by law enforcement and the package with the sham cocaine was recovered from the vehicle of Ortiz Cosme.
Subsequently, law enforcement executed a search warrant on the residence. The residence was devoid of furniture, save for a chair located at a window that had a clear view of the sidewalk and the mailbox.
The defendants had placed a portion of a postal sticker on the mailbox outside of the residence with the name “Harold Ortiz” written on it. Another portion of the postal sticker was placed on the front door of the residence and it had “leave mail here” written on it. The remainder of the postal sticker was found in the defendants’ vehicles.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Defendants were released on conditions.
The indictment is the result of a joint investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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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Niagara Falls Man Arrested, Charged with Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan R. Cassatt, 34, of Niagara Falls, NY, was arrested and charged by criminal complaint with production of child pornography, which carries a minimum penalty of 15 years in prison and a maximum penalty of 30 years in prison and a $250,000 fine, and possession of child pornography, which carries a maximum penalty of 10 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, a witness reported to the Niagara Falls Police Department in November 2019 that Cassatt’s cell phone contained images and videos produced by Cassatt depicting Cassatt and a minor victim engaging in sexual activity. Law enforcement officers thereafter interviewed Cassatt and searched his cell phone, resulting in the discovery of multiple images and videos depicting Cassatt and the minor victim engaging in sexual acts.
The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy. He is being held pending a detention hearing on March 12, 2020.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert and the Niagara Falls Police Department, under the direction of Chief 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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Lewiston Man Sentenced for Possession with Intent to Distribute 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 Frank Rowles, 60, of Lewiston, NY, who was convicted of possession with intent to distribute cocaine, was sentenced to serve 15 months in prison by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Justin G. Bish, who handled the case, stated that on January 3, 2019, law enforcement officers executed a search warrant at 5150 Homestead Place in Lewiston, NY, and recovered two digital scales and a quantity of cocaine.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael Filicetti.
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Buffalo Man Pleads Guilty to Breaking into A Railroad 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 Ray Chrostowski, 26, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr., to breaking into and larceny from interstate carrier facilities. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between May and June of 2018, the defendant entered on railroad cars containing interstate shipments of freight in transit on nine separate occasions with co-defendants Paul Krieger and Nicholas Birdwell. Working together, they broke into railcars and removed the property therefrom. On one occasion they broke into a railcar carrying automobiles and removed the tires and rims off of two vehicles. As a result of this conduct, the total loss relating to these vehicles was over $4,718.16. A large quantity of Jefferson bourbon valued at $3,118.80 was stolen.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert and the CSX Police, under the direction of Chief Sean Douris.
Sentencing is scheduled for July 16, 2020, before Judge Sinatra.
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Three Men Indicted in Jamestown Cocaine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Kori Robinson, 22, Islandah Mitchell, 20, both of Jamestown, NY, and Bruce Page, 25, of Buffalo, NY, with conspiring to possess with intent to distribute, and to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment and a previously filed complaint, on March 2, 2020, after receiving information that defendants Robinson and Mitchell were traveling to Jamestown with cocaine and crack cocaine in their vehicle, Jamestown Police officers conducted a traffic stop of the vehicle. As an officer approached the vehicle, the vehicle began to drive away. The officer got back into his marked patrol vehicle and initiated another vehicular traffic stop.
An officer observed the front seat passenger, identified as defendant Robinson, moving around and reaching under the front seat, and he appeared to place something in the back seat. The officer gave verbal commands for Robinson to keep his hands up and not to move around. However, Robinson continued to reach and move around.
The Officers called out for each person to exit the vehicle one at a time. Defendant Mitchell was driving, Robinson was the front seat passenger, and defendant Page was in the back seat.
The Officers detected the scent of marijuana coming from inside the vehicle. They then conducted a search of the vehicle, and in the floor area of the back seat, discovered a brown purse. Sticking out from the purse, officers observed narcotics packaging baggies. Inside the purse, officers recovered a clear plastic baggie that contained two separate clear baggies containing suspected crack cocaine and powder cocaine. Officers also recovered a quantity of suspected marijuana; empty packaging materials; a metal spoon with suspected drug residue; and several cellular phones.
On January 27, 2020, the Jamestown Metro Drug Task Force and the Southern Tier Regional Drug Task Force executed a search warrant at Mitchell’s Lafayette Street Apartment in Jamestown. Investigators recovered quantities of suspected cocaine and crack cocaine; $2,000 in cash; two digital scales; credit cards; an iPhone; and a box of ammunition.
The defendants were arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. Defendant Page is being detained. Defendants Mitchell and Robinson were released on conditions.
The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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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Alden Man Arrested, Charged with Possession and Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Kidder, 35, of Alden, NY, was arrested and charged by complaint with possession and receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, in August 2019, the FBI received information that a local IP address was accessing Tor, a computer network available to Internet users designed specifically to facilitate anonymous communication over the Internet to access child pornography. The IP address was subsequently traced to the defendant.
On January 28, 2020, the FBI executed a search warrant at Kidder’s Sandridge Road Apartment in Alden. Investigators seized two Samsung smartphones, a Thermaltake desktop computer, a Dell laptop computer, and two thumb drives. The two computers were submitted to the Western New York Regional Computer Forensics Laboratory (RCFL) for a full forensic exam. An initial search of the Samsung phones and thumb drives recovered videos and images of child pornography, some including infants and depictions of violence.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on March 10, 2020.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Men Arrested in Connection with Two Takeover Style Bank Robberies at Local Credit UnionsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Adrian D. Applewhite, 32, of Cheektowaga, NY, and Ronald L. Morris, 45, of Buffalo, NY, were arrested and charged by complaint with bank robbery and incidental crimes. The charge carries a maximum penalty of 25 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that according to the complaint, on October 31, 2019, a male, later identified as defendant Applewhite, entered the Clarence Community and School Federal Credit Union (CCS FCU), on Sheridan Drive in Clarence, holding a cell phone in a manner consistent with video recording or obtaining a photograph. While inside the CCS FCU, Applewhite inquired from staff whether the CCS FCU had an ATM. He then left the building.
Seven days later, on November 7, 2019, three males entered the CCS FCU and conducted a take-over style bank robbery. Armed with pistols, and donning masks and florescent green work gloves, at least two of the masked robbers holding hand guns ordered all the employees to the ground and demanded money. Two of the robbers went back behind the teller line and went through teller's drawers. The third robber went to the vault. The robbers stole a total of $148,793.90.
During the course of the investigation, investigators from the New York State Police Clarence barracks obtained and reviewed surveillance footage from several locations. Using that footage, the getaway vehicle was subsequently traced to an individual known to investigators as Applewhite's wife, A.B., with an address in Cheektowaga, NY.
On November 12, 2019, investigators executed a search warrant on a cell phone used by Applewhite. They recovered a video taken by Applewhite on October 31, 2019, showing the inside of the CCS FCU and audio of Applewhite requesting an ATM. Investigators also discovered a contact “Cracks,” who was later determined to be co-defendant Ronald Morris. One text exchanged between Applewhite and Morris a few days before the robbery read “Be ready Tuesday or Wednesday.” On November 7, 2019, just prior to the time of the robbery, Applewhite sent Morris another text stating “I’m on my way.”
Investigators began to surveille Applewhite in January 2020, and determined that he and Morris met up and actively surveilled other Federal Credit Unions in Niagara Falls and Tonawanda.
Previously, on July 25, 2019, two unidentified subjects entered the Southtowns Community Federal Credit Union (SC FCU) on South Park Avenue in Lackawanna, and conducted a bank robbery with pepper spray and a pistol. The two suspects traversed the teller's counter, sprayed the tellers with pepper spray, and went directly to the unlocked safe, removing $290,500.00 in United States currency. The two suspects placed the currency in a dark colored duffle bag then fled on foot.
Investigators reviewed video surveillance from the day prior, July 24, 2019, and determined that Applewhite entered the SC FCU and requested information from an employee while holding his cell phone in a manner consistent with video recording or obtaining a photograph. Investigators also tracked the vehicle Applewhite was driving once again to his wife. Video surveillance also showed Applewhite driving towards and away from the SC FCU on July 25, 2019. Cell phone data also puts co-defendant Morris around the SC FCU at the time of the robbery.
Subsequent investigation determined that Applewhite spent $2,022 at the Jewelry Center in the Walden Galleria Mall on July 29 2019; $6,400 on a pendant with diamonds on July 30, 2019; and $2,780 at Western Union on July 31, 2019. Applewhite also deposited $4,000 into a Citibank account on July 25, 2020. It was also determined that co-defendant Morris gambled approximately $1,000-$2,000 per week since mid-January 2020.
The defendants made initial appearances before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained.
The complaint is the result of an investigation by the New York State Police, Clarence Barracks, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Steuben County Man Sentenced for Threatening U.S. Congresswoman and Illegally Possessing FirearmsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick W. Carlineo, Jr., 56, of Addison, NY, who was convicted of threatening to assault and murder a United States official, and being a felon in possession of firearms, was sentenced to serve 12 months and one day in prison by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to forfeit six firearms and hundreds of rounds of ammunition.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on March 21, 2019, at approximately 12:20 p.m., the defendant placed a telephone call to the offices of Congresswoman Ilhan Omar, a Member of the United States Congress from the 5th Congressional District in Minnesota, in Washington, D.C. A member of Congresswoman Omar’s staff answered the call. During the call, the defendant stated, “Do you work for the Muslim Brotherhood? Why are you working for her, she’s a (expletive) terrorist. Somebody ought to put a bullet in her skull. Back in the day, our forefathers would have put a bullet in her (expletive).” The staff member recalled that the defendant stated, “I’ll put a bullet in her (expletive) skull.”
Carlineo made the threatening call to retaliate against Congresswoman Omar based on her performance of her official duties. Because he hates individuals he views as radical Muslims being in the United States government, he believed that Congresswoman Omar supports Hamas and the Muslim Brotherhood and that Congresswoman Omar’s election to the United States Congress was illegitimate.
After receiving the call, the threat was referred to the United States Capitol Police, Threat Assessment Section, who began an investigation in coordination with the FBI.
In addition, on April 5, 2019, the defendant – a previously convicted felon – possessed a loaded .45 caliber handgun, three rifles, two shotguns, and hundreds of rounds of ammunition at his residence in Addison, NY. In 1998, the defendant was convicted of Criminal Mischief in the Second Degree in Steuben County Court. As a result of that conviction defendant was legally prohibited from possessing a firearm.
The sentencing is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the United States Capitol Police, under the direction of Chief Matthew R. Verderosa.
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More Charges Brought Against Former Executive Director of NEAD and Former Chairman of the RHARead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 27-count third superseding indictment charging George H. Moses, 50, of Rochester, NY, with 25 counts of conspiracy to commit wire fraud, wire fraud, mail fraud, federal program fraud, aggravated identity theft, and filing false tax returns. In addition, co-defendant Janis White, 58, also of Rochester, is charged in four counts with conspiracy to commit wire fraud, wire fraud, and obstruction of justice. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that in November 2019, Moses and White were charged in a 55-count second superseding indictment. In that indictment, Moses was charged with various schemes to defraud the Rochester Housing Charities (RHC), a scheme to defraud Quad A for Kids, and tax violations. White was charged along with Moses in connection with one of the schemes to defraud the RHC.
While all the conduct in the second superseding indictment is still included in the third superseding indictment, the new indictment includes additional allegations against Moses in connection with his role as the Executive Director of the North East Area Development Association (NEAD) and its subsidiary Freedom Community Enterprises, Inc., in Rochester. NEAD is a not-for-profit neighborhood organization governed by a volunteer board of directors, which worked with city officials and agencies to revitalize and stabilize the Sector 8 neighborhood in the northeast quadrant of Rochester.
The third superseding indictment alleges that Moses used funds belonging to NEAD and Freedom Community Enterprises to purchase personal items for himself and others. For example, Moses improperly used NEAD or Freedom funds to purchase, among other things, a Carnival cruise vacation, spa services on a Royal Caribbean cruise, four firearms, a family YMCA membership, a NRA membership, essential oils and other health products, products for a multilevel marketing business, dental expenses, tickets to a New York Knicks basketball game at Madison Square Garden, repairs and items for his personal vehicle, amusement park accommodations, immigration services for a friend, travel related expenses, and a Netflix subscription.
The third superseding indictment also charges Moses with using funds belonging to Freedom Community Enterprises to purchase a time share in Florida for approximately $20,000, and then using funds that Freedom Community Enterprises received from a grant from the City of Rochester to reimburse Freedom for Moses’ purchase of the time share.
The third superseding indictment is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Man from India with Student Visa Pleads Guilty to Sexual Enticement of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Sachin Aji Bhaskar, 23, of India, pleaded guilty before Senior U.S. District Judge William M. Skretny to sexual enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum penalty of life in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant communicated by text and email with an 11 year old girl for the purpose of engaging in sexual activity. Through those communications, Bhaskar enticed the victim to engage in sexual activity with him on August 11, 2018.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
Sentencing is scheduled for June 17, 2020, at 1:00 p.m. before Judge Skretny.
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Former Local Doctor Pleads Guilty to Illegally Prescribing Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that James T. Keefe, 39, of Florida, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute, and to distribute, oxycodone, hydrocodone, and amphetamine. The charge carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.
Assistant U.S. Attorneys Timothy C. Lynch and Joshua Violanti, who are handling the case, stated that the defendant was a New York State licensed physician who was previously employed as a contracted physician at the Erie County Medical Center (ECMC), Mercy Hospital of Buffalo, and the Monsignor Carr Institute. Between January 1, 2014, and February 23, 2018, Keefe conspired to divert, and diverted, Schedule II and Schedule IV controlled substances by issuing fraudulent prescriptions to his co-workers, friends, and drug-dealing and drug-using associates, including, co-defendants Benjamin Rivera, Laura Ricotta, Takeya Rainey, and Phousavath Luangrath. These prescriptions were issued without a legitimate medical purpose and outside the usual course of professional practice.
The defendant and co-defendant Rivera have been associates for several years. For nearly five years, Rivera sold cocaine to Keefe, who was active user of cocaine, Adderall, and prescription opiates. In January 2014, the defendant began issuing prescriptions in the names of Rivera and nine of Rivera’s relatives and associates to exchange for cocaine and for a share of the prescribed drugs. Neither Rivera nor any of his relatives or associates were patients of Keefe.
In April 2015, the defendant began issuing prescriptions to Rivera’s girlfriend, co-defendant Laura Ricotta. Keefe also used the names and personal information of six relatives and associates of Ricotta to issue fraudulent prescriptions. Neither Ricotta nor any of her relatives or associates were patients of the defendant. Keefe often drove Ricotta to a pharmacy to a pharmacy to fill the prescriptions, which the two then split.
In the summer of 2017, the defendant began issuing prescriptions to co-defendant Takeya Rainey. Rainey also provided the names of her relatives and associates to Keefe, none of whom were his patients. In exchange for the controlled substances, the defendant sometimes gave Rainey gift or Visa cash cards.
Beginning in January of 2017, Keefe and co-defendant Luangrath were involved in an intimate relationship. At some point, the defendant Luangrath agreed to allow the defendant to issue prescriptions in her name.
Between January 1, 2014, and February 23, 2018, the defendant issued 179 fraudulent prescriptions in his own name and the names of others, for Schedule II and Schedule IV controlled substances.
Rivera, Rainey, and Luangrath were previously convicted. Charges remain pending against Ricotta. The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Sentencing is scheduled for July 31, 2020, before Judge Vilardo.
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Wellsville Man Pleads Guilty to Being A Felon in Possession of FirearmsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason E. Slocum, 44, of Wellsville, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to being a felon in possession of firearms. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that on October 1, 2018, a 911 caller reported a domestic dispute at the defendant’s residence on Williams Avenue in Wellsville. Upon arrival, Wellsville police officers found a female sitting inside a vehicle, in the driveway of the residence, smoking a cigarette. She was determined to be a resident of the residence. The woman reported she and Slocum, who have a child together, started arguing that morning. During the argument, the defendant damaged her cellphone and other items around the house. Following the argument, the woman went outside and Slocum locked her out of the house, which prevented her from entering the residence again. The woman also advised officers that her autistic son was still inside with the defendant.
Officers then conducted a room by room safety sweep of the residence to ensure there were not any additional people present in the residence. During that sweep, officers discovered an AK-style rifle in the closet of Slocum’s bedroom.
Subsequently, officers executed a search warrant of the residence and recovered several firearms, including an AK-style semi-automatic rifle, and ammunition. The defendant was previously convicted in 1996 of Attempted Burglary in Allegany County Court, and is legally prohibited from possessing a gun.
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, and the Wellsville Police Department, under the direction of Chief Steven Mattison.Sentencing is scheduled for June 8, 2020, at 9:00 a.m. before Judge Skretny.
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Buffalo Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Lee, 27, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession of firearms in furtherance of drug trafficking crimes. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life in prison, and a fine of $250,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that in March 2019, the defendant sold and distributed fentanyl, cocaine and crack cocaine to others in the Buffalo area. During this time, Lee possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.
On March 13, 2019, investigators executed a search warrant at the defendant’s Oakmont Avenue residence. During the search, they recovered two firearms, one stolen; ammunition; small bags of suspected crack cocaine and cocaine; a bag of suspected fentanyl; $546.00 in cash; and three digital scales.
The 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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for June 8, 2020, at 1:00 p.m. before Judge Skretny.
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Westfield Woman Pleads Guilty to Stealing Thousands of Dollars from Health Care AgencyRead 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 Alicia Raynor, 42, of Westfield, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to wire fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that the defendant was hired as a business manager for Compassion at Home, Inc. Her duties included, among other things, managing company finances and payroll. At various times during the company’s operation, payroll and other financial payments were made from different company bank accounts.
While working as a business manager for the company, Raynor opened an account with Intuit, Inc., a payroll and payment processing service located outside the state of New York. The Intuit account enabled Compassion at Home, by way of wire transfers, to direct deposit payroll into employees’ bank accounts and otherwise make other direct deposit payments related to Compassion at Home’s business expenses. The payments were made using an accounting software package known as Quickbooks, which linked to Compassion at Home’s bank account.
While employed with Compassion at Home, the defendant diverted money from Compassion at Home’s bank accounts to accounts that she controlled. In order to avoid detection, Raynor disguised Quickbook entries to make it appear that the payments were to Bank of America, Capital One, or Compassion at Home employees.
Between August 2015 and June 2016, the defendant fraudulently diverted approximately $238,871.58 from the company’s bank account. This amount includes funds to which she was not entitled for compensation or reimbursement for expenses. For example, on May 19, 2016, Raynor caused a wire transfer in the amount of $2,978.19 from Intuit’s account to a joint checking account with her husband, with an entry in Quickbooks indicating that the payment was to Bank of America.
In addition, for the tax years 2013 through 2016, the defendant received $1,214,444 in payments from Compassion at Home that she did not report as income on her tax returns for those years. The Internal Revenue Service estimates tax owed for these tax years is $370,005. On May 15, 2017, the defendant caused the filing of a U.S. Individual Income Tax Return, Form 1040, for the 2015 tax year, falsely claiming a total income of $52,290, and income from Compassion at Home in the total amount of $29,615.14.
The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent in Charge, New York Field Office, and the Westfield Police Department, under the direction of Chief Rob Genther.
Sentencing is scheduled for July 8, 2020, at 2:00 p.m. before Judge Sinatra.
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Rochester Man Going Back to Prison for A Decade for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Justin Channell, 32, of Rochester, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 10 years in prison and 15 years of supervised release by U.S. District Judge Charles J. Siragusa. The defendant will also be required to register as a sex offender.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in 2011, the defendant was convicted of possession of child pornography and sentenced to serve 12 months in prison followed by 15 years of supervised release.
In April 2019, Channell was serving his term of supervised release when a United States Probation Officer discovered that he was viewing images and videos of child pornography on his mobile phone. The Federal Bureau of Investigation Child Exploitation Task Force was alerted. As a result, the FBI forensically examined the defendant’s phone and ultimately discovered hundreds of images and several videos of child pornography, including some images and videos that depicted prepubescent minors and sadistic and masochistic conduct.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
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Buffalo Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Bruno, 36, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine. The charge carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that on September 24 and October 25, 2018, investigators conducted two controlled purchases of cocaine from Bruno at his Jewett Avenue residence. On November 8, 2018, the U.S. Postal Inspection Service executed a federal search warrant on a suspicious postal package addressed to a “Maria Ramos” at the defendant’s residence. Testing confirmed that the parcel contained cocaine. Although this package was not intended for Bruno, he intended to deliver it to someone else.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.
Sentencing is scheduled for June 4, 2020, at 1:00 p.m. before Judge Arcara.
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Twice Deported Mexican Resident Charged with Assaulting Departation OfficersRead 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 Luis Estrada-Alvarez, 31, a citizen and native of Mexico, was arrested and charged by criminal complaint with illegal re-entry after deportation and forcibly assaulting and resisting Deportation Officers causing bodily injury. 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 according to the complaint, on February 19, 2020, Deportation Officers with Enforcement and Removal Operations attempted to arrest the defendant following a traffic stop in front of the North Rose Fire Hall on North Huron Street in Rochester. Officers had been surveilling Estrada-Alvarez after receiving information that the defendant was back in the United States despite two previous deportations.
As Estrada-Alvarez exited the vehicle, he immediately attempted to run. In evading arrest, the defendant forcefully pulled his arms away from the officers and thrust his head backwards in an attempt to head-butt one of them. Estrada-Alvarez refused to stop fighting, and eventually had to be taken to the ground and handcuffed. Thereafter, he was transported to the Buffalo Federal Detention Facility in Batavia, NY.
In the course of this encounter, Estrada-Alvarez caused bodily injury to two of the Deportation Officers. One of the Officers suffered injuries to his left arm and right knee, while the other suffered injuries to his right shoulder, elbow, and wrist.
The complaint is the result of an investigation by the Department of Homeland Security—Enforcement and Removal Operations, under the direction of Thomas E. Feeley, Director, Buffalo Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Woman Pleads Guilty for Her Role in 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 Catherine Ramos, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute cocaine. The charge carries a maximum possible sentence of 20 years imprisonment and a fine of $1,000,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that beginning in May, 2017 through October, 2017, the defendant conspired with others to possess with intent to distribute cocaine. Specifically, Ramos also sold cocaine to an undercover police officer.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Sentencing is scheduled for June 5, 2020, at 12:30 p.m. before Judge Arcara.
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Buffalo Man Sentenced for Distribution of CocaineRead 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 Daniel Paul, 65, of Buffalo, New York, who was convicted of distribution of crack cocaine, was sentenced to serve 120 months in prison and 6 years of supervised release by United States District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan Tokash, who prosecuted the case, stated that in May of 2017, Paul sold 3.32 grams of crack cocaine to an undercover police officer at a location on Thatcher Street in the city of Buffalo. A life-long drug dealer and career criminal offender under the United States Sentencing Guidelines, Paul’s sentence is in part a reflection of his two prior felony convictions in Erie County court from 2004 for Attempted Criminal Sale of a Controlled Substance 3rd and in 2010 for Attempted Criminal Sale of a Controlled Substance 4th. When announcing Paul’s sentence, Judge Arcara noted the defendant’s age and declining health, however stressed the need to protect the public from those who deal drugs.
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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.
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Armed Drug 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 Lorenzo Wade, 25, of Rochester, who previously pleaded guilty before United States District Judge Elizabeth A. Wolford to the felony charges of possession with intent to distribute a fentanyl analogue and felon in possession of a firearm and ammunition, was sentenced to serve a seven year prison term in the custody of the United States Bureau of Prisons. He also was sentenced to four years of supervised release.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Wade, was arrested after law enforcement officers executed a search warrant at 155 McArdle Street, in the City of Rochester, on July 6, 2018. Officers arrested Wade inside the residence. While searching, officers found over 15 grams of a substance containing heroin, fentanyl and a fentanyl analogue, some of which was packaged for distribution. Officers also found a non-functioning Tec-9 semiautomatic pistol, which was loaded with 37 rounds of ammunition.
After arrest, Wade told officers he bought the handgun for $800. He said he knew the firearm did not function because he had tried it. He said he used the handgun as a prop in the music videos he made. Wade also admitted to selling drugs.
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 Greater Rochester Area Narcotics Enforcement Team, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito
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Statement of U.S. Attorney Kennedy Regarding the Cayuga Nation of Indians Dispute in Seneca County, NYRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051The United States Attorney’s Office for the Western District of New York shares the public's concerns regarding the impact that this internal dispute within the Cayuga Nation of Indians has on the public safety of all members of our community. My Office, together with the Department of Justice—Office of Tribal Justice (DOJ-OTJ), and other DOJ components, is collecting information regarding the pre-dawn events of February 22, 2020, and assessing whether any violations of applicable law occurred. We are engaged in ongoing discussions with Department of Interior, Bureau of Indian Affairs (BIA), regarding both the circumstances giving rise to the incident, the incident itself, and potential responses. In addition, we have requested the assistance of both BIA as well as DOJ's Community Relations Service (CRS) in the dispute. Across the Department of Justice, our paramount objective is the preservation of public safety. We will continue to work with our federal, state, and local partners in pursuit of that goal, as we do all that we can to ensure that all involved exhibit respect not only for applicable law—but for one another as well.
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Niagara Falls Man Pleads Guilty for His Role in 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 Wayne Payne, 63 of Niagara Falls, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between May 2017 and November 2017, the defendant conspired with Lavon Parks and others to sell cocaine in the Niagara Falls and Buffalo, NY areas. Specifically, Payne drove Parks to meet with other individuals to perform drug transactions and to collect drug proceeds from lower-level distributors who worked for Parks. Defendant also drove Parks to meet with out-of-state suppliers, who provided bulk quantities of cocaine which would be transported back to Niagara Falls for distribution.
On November 30, 2017, during a trip to Houston, Texas, the defendant, Parks, and Parks’ father, James Parks, were stopped for several traffic infractions. A subsequent consensual search of the rental vehicle revealed four packages of cocaine wrapped with plastic and duct tape concealed in the spare tire area.
Lavon and James Parks are currently charged in federal court with narcotics conspiracy and discharge of firearm causing death involving the murder of Kevin Turner. 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 Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; and the Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for July 17, 2020, at 1:00 p.m. before Judge Vilardo.
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Georgia Woman Pleads Guilty to Providing Local Gang Members with Illegal GunsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brittany Hutcherson, 28, of Lawrenceville, GA, pleaded guilty before U.S. District Judge John L. Sinatra Jr. to transfer of firearms to an out of state resident. The charge carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on April 22, 2016, the defendant, a Georgia resident, purchased four firearms from Deaton’s Gun Shop, Inc. in Loganville, Georgia. Between April 22 and July 17, 2016, Hutcherson gave two of the firearms to an individual living in New York State who was a member of the BFL/CBL gang. The defendant knew the individual was a member of the gang and knew it would be unlawful for that individual to possess a firearm in New York State.
On July 17, 2016, Cheektowaga Police Officers conducted a traffic stop of the car Larell Watkins was driving. In the trunk of that vehicle was one of the firearms purchased by Hutcherson on April 22, 2016. Watkins was subsequently convicted for his role in the criminal activities of the BFL/CBL Gang.
On July 29, 2016, another one of the firearms purchased by the defendant was recovered by Buffalo Police Officers from Maurice Rice, another convicted CBL/BFL gang member.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for June 23, 2020, at 2:00 p.m. before Judge Sinatra.
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Lackawanna Man Pleads Guilty to Possessing Fentanyl While on Supervised ReleaseRead 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 Larry D. Brodie, Jr., 38, of Lackawanna, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Justin L. Bish, who handled the case, stated that on April 4, 2019, a Lackawanna Police undercover officer contacted the defendant to arrange for a controlled purchase of heroin. Brodie then met with and sold the undercover officer approximately $100 of suspected heroin and $40 worth of crack cocaine.
At the time of his arrest, the defendant was on supervised release for a 2001 federal drug conviction.
The sentencing is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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Jamestown Man Pleads Guilty to Methamphetamine and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kyle Kamholtz, 33, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that the defendant was identified as a methamphetamine distributor in the Jamestown, NY, area during an investigation that began in November 2017 by the Jamestown Police Department.
The investigation included a series of controlled purchases of methamphetamine from the defendant, several vehicle and traffic stops that resulted in Kamholtz’s arrest for possession of methamphetamine and a firearm, and the execution of two search warrants at the defendant’s McKinley Avenue residence. Investigators seized a firearm, methamphetamine, scales, packaging, and other drug distribution paraphernalia.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Deviot, New York Field Division.
Sentencing is scheduled for June 4, 2020, before Judge Arcara.
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