Western District of New York
Press releases recorded for this federal judicial district.
Sex Trafficker Convicted by A Federal Jury Going to Prison for 25 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ray Davis, 30, of Rochester, NY, who was convicted following a jury trial of two counts of sex trafficking, one count of sex trafficking conspiracy, two counts of production of child pornography, and two counts of distribution of child pornography, was sentenced to serve 25 years in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Melissa Marangola and Meghan McGuire, who prosecuted the case, stated that in 2015, the defendant ran a sex trafficking operation with co-defendant, Marcus Brown. Davis and Brown preyed upon and exploited teenagers who were homeless and vulnerable, coercing them to engage in commercial sex acts.
Davis and Brown worked together to take sexually explicit photos of the minor victims and post them on Backpage.com, an online classified advertisement website that was previously shut down by the Department of Justice.
Charges remain pending against Marcus Brown.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
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Four Defendants Arrested in Drug Trafficking Ring That Stretched Across the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging David Washington, a/k/a Dirty Dave, a/k/a Dirt, a/k/a Wavy Davey, 39, and Eleazar Martinez Medina, 50, with conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.
In addition, David Burgin, 47, and Rodney Pierce, 32, were arrested and charged by complaint with conspiring to distribute 500 grams or more of cocaine. Defendant Burgin is also charged with maintaining a drug involved premises and possession of firearms in furtherance of drug trafficking crimes. If convicted, Rodney Pierce faces a mandatory minimum sentence of five years in prison and a maximum of 40 years; David Burgin faces a mandatory 10 years, and a maximum of life in prison.
Assistant U.S. Attorneys Laura A. Higgins and Timothy C. Lynch, who are handling the case, stated that the defendants were involved in a drug trafficking ring that stretched from Buffalo to California and involved cocaine, crack cocaine, 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, during which investigators seized six firearms, ammunition, a quantity of marijuana, over 7 ½ kilos of suspected cocaine and crack cocaine, over 2 kilograms of fentanyl, over $750,000.00 in cash, six traps—many of which were hydraulically operated, scales, and drug packaging materials.
David Washington was arraigned and is being held pending a detention hearing on February 27, 2020. Eleazar Martinez Medina was arraigned in California and will be returned to the Western District of New York at a later date. Defendants David Burgin and Rodney Pierce made initial appearances and were released on conditions.
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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Federal Jury Convicts CBL/BFL Gang Member of Two Murders in Aid of Racketeering, and Multiple Other 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, following a six-week trial, a federal jury has convicted CBL/BFL Gang member Dalvon Curry, 23, of Buffalo, NY, of murder in aid of racketeering; racketeering and narcotics conspiracy; possession of firearms in furtherance of a crime of violence; and possession of firearms in furtherance of a drug trafficking crime. The charges carry a mandatory penalty of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, and Christopher O. Taylor, of the Department of Justice Organized Crime and Gang Section, who handled the prosecution of the case, stated that the defendant is a member of the CBL/BFL Gang which stands for, among other things, “Cash Been Long” and “Brothers for Life.” Identified as a “shooter” in the gang, Curry shot and killed rival gang member Jaquan Sullivan on December 5, 2015. He also shot and killed Xavier Wimes on January 1, 2017.
“Today’s verdict brings to an end the reign of terror by the CBL/BFL Gang that has tormented the residents living in the Towne Gardens Housing Complex for more than a decade,” stated U.S. Attorney Kennedy. “These residents deserve to live without the daily fear of drug deals, gunfire, and violence. Let this investigation and prosecution serve as a warning to any other group of individuals who any be thinking about picking up where this group left off, we will track you down, we will arrest you, and we will prosecute you. Period.”
“For the FBI, community impact is our measure of success -- we need to improve the quality of life for the people who live and work in Buffalo,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “We will continue to pursue violent gangs through sustained, proactive investigations and federal prosecutions. And we will continue to stay involved with our community partners in an effort to prevent violent crimes before they happen.”
The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other controlled substances.
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. An attack on a member typically resulted in retaliation by all members of the gang. Members and associates also used social media, such as Facebook and Snapchat, to display gang affiliation, brandish firearms, display quantities of currency and narcotics, and show participation in violent acts. They also produced, sang, and appeared in music videos at locations in and around the gang's territory that promoted the enterprise and its activities.
In order to enforce the authority, members and associates maintained a ready supply of firearms. Certain members and associates carried and discharged firearms. These “enforcers” or “shooters,” retaliated with deadly force against threats of encroachment and violence, both actual and perceived, from rival gangs or individuals. CBL/BFL gang members also threatened witnesses who they suspected might testify or provide information to law enforcement about the crimes committed by the gang.Twelve other CBL/BFL Gang members and associates were previously convicted in this case, they include:
• Shawn Woods, a/k/a Pif;
• Michael Walker, a/k/a Yam;
• Mikel Lowe, a/k/a L-O;
• Aaron Mack, a/k/a Dean, a/k/a Deano;
• Shameris Washington, a/k/a GB;
• Maurice Rice, a/k/a Reese;
• Miquise Jones, a/k/a Scaife;
• Dajon Nettles, a/k/a Gucc;
• Larell Watkins, a/k/a 90-Ls;
• Larry Watkins, Jr.;
• Larquon Watkins, a/k/a 90; and
• Rashad Rose, a/k/a Gotti.The verdict 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; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
Sentencing will be scheduled at a later date before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.
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Leader of Mt. Morris Cocaine Trafficking Ring 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 Carlos Garcia Rivero, 45, of Mt. Morris, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to conspiring to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendant was the leader of a cocaine trafficking organization based in Mt. Morris, NY. Rivero obtained bulk quantities of powder cocaine to be distributed, at his direction, by a number of street level drug dealers as either powder or crack cocaine. The defendant would supply the street level drug dealers with pre-packaged quantities, which they would then sell to individual drug users.
Rivero was arrested by the FBI on February 20, 2019, as he arrived at JFK International Airport on a flight arriving from Colombia. Investigators located nearly 500 grams of powder cocaine hidden in the basement of the defendant’s residence on Chapel Street in Mt. Morris. Over $15,000 in cash was located at another premises utilized by the organization for its drug dealing activities.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Livingston County Sheriff’s Office and the Livingston County Drug Task Force, under the direction of Sheriff Thomas Dougherty; and the Livingston County District Attorney’s Office, under the direction of Gregory J. McCaffrey.
Sentencing is scheduled for May 22, 2020, at 3:00 p.m. before Chief Judge Geraci.
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Former Substitute Teacher Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Maciejewski, 26, of Penn Yan, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 24 months in prison and five years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant will also be required to register as a sex offender, and was ordered to pay $15,000 in restitution to the victims who were depicted in the images that he possessed.
Assistant U.S. Attorney, Kyle Rossi, who handled the case, stated that in May 2018, the Los Angeles office of the FBI executed a federal search warrant at a residence in Solvang, California. Special agents seized a number of electronic items containing child pornography. A resident at that address admitted to using social networking sites such as Kik and Live.me to trade child pornography with others via the Internet. Based on that information, investigators identified several individuals, including the defendant, who were actively involved in the child pornography trade.
The information was sent to the Corning Office of the FBI, who, with the assistance of the Penn Yan Police Department, identified Maciejewski as a substitute teacher for the Penn Yan Central School District. Special agents acted quickly to obtain search warrants and locate Maciejewski, who was ultimately interviewed at the school district’s offices. During the interview, the defendant confessed that he in fact traded child pornography using social networking sites, including a cloud storage service, “Mega,” which is located in New Zealand.
With the help of the New Zealand Department of Internal Affairs, investigators obtained the contents of Maciejewski’s Mega account, which contained hundreds of images and videos of child pornography. The defendant’s electronic devices were also forensically examined. In total, Maciejewski possessed more than 600 images and videos of child pornography, some of which depicted the sexual abuse of infants and toddlers.
The sentencing is the result of an investigation by the Corning Office of the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert; the Penn Yan Police Department, under the direction of Chief Thomas Dunham; and the New Zealand Department of Internal Affairs.
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Bank Robber Who Escaped from Custody Admits to Rochester Bank RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Matzen, 39, of Rochester, NY, pleaded guilty to escaping from federal custody and to two counts of bank robbery before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that Matzen was previously sentenced to serve 57 months in prison in the Northern District of New York for two separate bank robberies. On July 26, 2019, the defendant was designated by the Bureau of Prisons to serve the last several months of that sentence at the Residential Reentry Center in Rochester. On August 30, 2019, Matzen was given permission to temporarily leave the facility until 8:00pm that evening. However, he absconded and did not return to the center to complete serving his sentence.
On September 3, 2019, four days after absconding, Matzen robbed the Canandaigua National Bank at 210 Alexander Street in Rochester. The defendant entered the bank wearing a hoodie, dark sunglasses, and a bandana that covered most of his face, and handed a teller a note that demanded money. The teller complied and Matzen fled the bank.
On September 19, 2019, Matzen robbed the Key Bank at 1185 University Avenue in Rochester. The defendant entered the bank and handed a teller a note that stated “Give me all big bills, 50-100’s, no GPS or dye pack, top & bottom drawers, all will be OK for you all.” The teller complied and, as Matzen attempted to flee the bank, he was tackled and detained by two bank customers who held the defendant down until police officers arrived.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Rochester Area Major Crimes Task Force, under the direction of Special Agent in Charge Gary Loeffert; the Rochester Police Department, under the direction of Chief La’Ron D. Singletary; and the United States Marshals Service, under the direction of Marshal Charles Salina.
Matzen’s sentencing is scheduled for May 22, 2020, at 2:00 p.m. before Chief Judge Geraci.
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Rochester Felon Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert E. Tillard, 35, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, and to possessing marijuana with intent to distribute it, before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on February 25, 2017, Rochester Police officers, having observed a traffic violation, attempted to pull over the car Tillard was driving. The defendant eventually stopped the car on Flint Street, where he exited the car and ran. As Tillard ran from the police, he threw a 9mm handgun to the ground. Upon apprehending Tillard, the officers also discovered approximately 56 small plastic baggies of marijuana in his pocket.
In 2008, Tillard was convicted of a drug charge in Monroe County Court. As a result, he is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary.
Sentencing is scheduled for May 26, 2020, at 3:00 p.m. before Chief Judge Geraci.
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Greece Man Arrested and Charged with Threatening to Kill Senator Charles Schumer and Congressman Adam SchiffRead 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 Salvatore Lippa II, 57, of Greece, NY, was arrested and charged by criminal complaint with threating to assault and murder a federal official on account of the performance of their official duties, and interstate communication of a threat. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.
According to Assistant U.S. Attorney Sean C. Eldridge, the criminal complaint alleges that on January 23, 2020, the Washington D.C. office of California Congressman Adam Schiff received a threatening voice mail that included a death threat to the Congressman.
On February 4, 2020, the Albany, NY, office of New York Senator Charles Schumer received a threatening voice mail that also contained a death threat to the Senator.
The threats were reported to the United States Capitol Police, Threat Assessment Section, which began an investigation. The telephone number that both the calls originated from was traced back to the defendant. When questioned by Special Agents from the United States Capitol Police, Lippa admitted to making the threatening calls to Congressman Schiff and Senator Schumer because he was upset about the impeachment proceedings.
“The rights secured in our Constitution carry with them certain responsibilities,” stated U.S. Attorney Kennedy. “When it comes to the First Amendment, that responsibility includes the obligation not to threaten to kill others. This Office will remain vigilant in our effort to uphold the rule of law and to reinforce the ideal that in America the entire concept of self-governance is fundamentally predicated on the responsibility that each of us has to control and govern our own behaviors.”
The defendant is scheduled to make an initial appearance this afternoon at 3:45 p.m. before U.S. Magistrate Judge Mark W. Pedersen.
The criminal complaint is the result of an investigation by the United States Capitol Police, under the direction of Chief Steven A. Sund, with assistance from the Greece Police Department, under the direction of Chief Patrick D. Phelan, and the United States Marshals Service, under the direction of Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Niagara Falls Woman Going to Prison for Conspiring 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 Tammy Hoover, 41, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine, was sentenced to serve 12 months and one day in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Laura A. Higgins and Misha Coulson, who handled the case, stated that between December 2016 and December 27, 2016, the defendant conspired with others to distribute cocaine in the Niagara Falls and Buffalo, NY, areas.
Sometime in December 2016, Hoover agreed to receive delivery of a U.S. Postal Service parcel, which contained a quantity of cocaine, at her residence on North Avenue in Niagara Falls. The defendant did so at the request of co-conspirators, and expected a monetary payment in exchange for her role in taking the delivery and safeguarding the parcel.
Prior to delivery, the parcel was intercepted by the U.S. Postal Service and was searched pursuant to a federal search warrant. The parcel contained a large quantity of cocaine packaged within a plastic file box in five separately wrapped kilogram-sized bricks. The parcel was then repackaged with sham materials and a controlled delivery was conducted on December 27, 2016. Hoover received the package at her residence, and signed for it. The defendant was arrested at that time. The parcel was recovered from within the residence.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
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Armed Fentanyl Trafficker SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lattrell Terry, 25, of Rochester, NY, who was convicted of possessing with intent to distribute fentanyl, and possession of a firearm with an altered or obliterated serial number, was sentenced to 57 months in prison by U.S. District Court Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that during a routine search, members of the Monroe County Probation Department located drugs and drug packaging material in the defendant’s Rexford Street residence. As a result, probation officers reached out to Rochester Police officers who obtained a search warrant for the residence. During the search, officers recovered approximately 474 baggies of fentanyl and 92 baggies of heroin, all packaged for re-sale. Additionally, officers recovered a loaded semi-automatic pistol with a defaced serial number that had been reported stolen out of the State of Florida. Cocaine and marijuana were also located throughout the residence, as well as $3,316 in cash.
The sentencing is the result of an investigation by the Monroe County Department of Probation, under the direction of Chief Probation Officer Larry Mattle, the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Hamburg Man Arrested and Charged with Threatening A Local News ReporterRead 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 Paul E. Lubienecki, 62, of Hamburg, NY, was arrested and charged by criminal complaint with cyberstalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on February 4, 2020, a member of the Buffalo, NY media (the Victim), received a voicemail that contained a death threat. The Victim has been reporting on the Catholic Diocese of Buffalo clergy sex abuse scandal for the past two years, and on that day, the Victim reported that Christ the King Seminary was being closed by the Diocese.
According to the complaint, the caller criticized the Victim's professionalism before stating, “...I know where you live in [town]. I'm going to find you. I'm going to kill you.” The complaint further states that the Victim received other harassing voicemails from a number associated with the defendant during August, November, and December of 2019. All told, 11 harassing phone calls were made from the phone number associated with Lubienecki to the Victim.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.
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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Buffalo Man Sentenced for Cashing Counterfeit and Altered Checks at Local Banks and Credit UnionRead 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 Nilo Arnaldo Pena Delgado, 32, of Buffalo, NY, who was convicted of bank fraud, was sentenced to serve 12 months and one day in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that on March 19, 2019, the defendant cashed four counterfeit or altered checks totaling $30,680.89 drawn on the accounts of four different victims at financial institutions in the Western New York area.
The plea and sentencing are the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, with assistance from the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr., and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.
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Rochester Man Pleads Guilty to Having A Gun in A School ZoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose L. Silva, Jr., 25, of Rochester, NY, pleaded guilty to possession of a firearm in a school zone before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $100,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on May 12, 2019, the defendant possessed a loaded firearm while he was within 1,000 feet of the grounds of Benjamin Franklin High School in Rochester. Silva passed by the school on his way to the Wal-Mart on Hudson Avenue in Rochester.
While the defendant was at Wal-Mart, store security officers observed him stealing clothing. They stopped Silva and recovered a .22 caliber revolver with a defaced serial number in his sweatshirt pocket. Although the gun was not functional, it was loaded with nine rounds of ammunition.
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 plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for May 4, 2020, at 11:00 a.m. before Judge Geraci.
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Buffalo Man Going to Prison for 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 Julian Brown, 47, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to serve 30 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that on February 16, 2018, the defendant supplied his co-defendant, Andre Honeycutt, with a quantity of crack cocaine. Honeycutt in turn sold the drugs to an individual working with the Drug Enforcement Administration. Brown also supplied crack cocaine on two other occasions during the investigation.
Andre Honeycutt was previously convicted and sentenced.
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.
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Reconsidering the Green Light That Stops Law EnforcementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051By: James P. Kennedy, Jr., U.S. Attorney for the Western District of New York
Geoffrey S. Berman, U.S. Attorney for the Southern District of New York,
Richard P. Donoghue, U.S. Attorney for the Eastern District of New York,
Grant C. Jaquith, U.S. Attorney for the Northern District of New York, andWhile the New York State Green Light Law provides undocumented aliens the opportunity to obtain New York State Driver Licenses, a less heralded – though perhaps more impactful – provision of the statute prevents the New York State Department of Motor Vehicles (DMV) from sharing information with any agency that enforces immigration law. Unfortunately, this provision has a much broader adverse effect on law enforcement and public safety.
The United States Department of Homeland Security (DHS) is responsible for protecting us from terrorism, securing our borders while facilitating lawful travel and trade, and combating a host of crimes that threaten our safety and security. The Green Light Law impedes Homeland Security’s ability to conduct active criminal investigations involving citizens and non-citizens who are lawfully present in the United States, not just those who are undocumented. On a daily basis, Homeland Security agents and officers – including sworn law enforcement officers who work for Homeland Security Investigations (HSI), Customs and Border Protection, the U.S. Border Patrol, and Enforcement and Removal Operations (ERO) – use Department of Motor Vehicles information to assist them in stopping transnational criminal organizations, cybercrime, and offenses involving drug trafficking and money laundering; murder, sexual assault, and other crimes of violence; racketeering and extortion; the illegal use and possession of firearms; economic espionage, telemarketing fraud, and elder fraud; human trafficking; and child exploitation, as well as illegal immigration.
Like other federal, state, local, and tribal law enforcement officers, DHS agents seek New York State DMV information for a variety of purposes, including: (1) to obtain identification, address, and vehicle registration information for individuals committing crimes; (2) to identify and apprehend dangerous defendants and fugitives wanted by state or federal authorities; (3) to conduct surveillance of individuals suspected or known to be engaged in the commission of crimes; (4) to establish the probable cause necessary to secure search and arrest warrants; (5) to identify crime victims and potential crime victims; (6) to identify the proceeds of crime to increase the amount of restitution recoverable for crime victims; (7) to make informed determinations regarding whether, when, where, and how to stop a vehicle, to minimize the risk to occupants, officers, and others; and (8) to assist in determining whether to grant individuals presenting themselves at ports of entry admission into the United States.
The disturbing truth is that under the newly enacted statute, the Customs and Border Protection Officers working today at New York’s 13 ports of entry – which include both the busiest port on the entire northern border of the United States (the longest land border in the world), and the busiest international air passenger gateway into North America – are unable even to check the registration or the driver’s license status of individuals presenting themselves for admission into our country. Border Patrol Agents, who secure the border between the ports of entry, likewise can no longer check vehicle or driver’s license information. Forcing officers who serve as our nation’s frontline defense against dangerous criminals entering the country to make these important determinations in the dark dramatically diminishes the safety of all. Ensuring that HSI Agents and ERO officers must blindly interact with people who may be terrorists or other violent criminals, drug dealers, human traffickers, or child predators likewise poses a grave risk to the safety of the officer, the person, and the public. In most instances, there simply is no time to pause the situation to obtain a court order or judicial warrant.Prohibiting basic information sharing between New York State and federal law enforcement agencies means that more criminals will enter and roam freely in our state and nation; undermines the cooperative relationships between federal, state, local, and tribal law enforcement; thwarts and curtails investigations into serious crimes; and jeopardizes the safety of all of the inhabitants of our great country. Our citizens, lawful permanent and temporary residents, visitors, and undocumented immigrants deserve better, and so do those who serve and protect them. Restoring collaboration and information sharing furthers our effort to secure justice for all, preserve public safety, protect individual rights, and promote due process, bringing us ever closer to a sanctuary built on the rule of law and fairness for everyone.
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Fairport Man Pleads Guilty to Distributing 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 Cody Clarke, 27, of Fairport, NY, pleaded guilty to distributing child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a fine of up to $250,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that on May 20, 2018, Clarke distributed child pornography using the KIK Messenger application on his smartphone. The defendant’s phone was later seized and found to contain approximately 1580 images and 51 videos of child pornography, including images depicting sadistic conduct and the sexual abuse of infants and toddlers.
The plea is the result of an investigation by Special Agents with Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for May 14, 2020, at 9:15 a.m., before Judge Siragusa.
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Buffalo Man Sentenced for Distributing FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Matias, of Buffalo, 29, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, butyryl fentanyl, was sentenced to serve 70 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that in July 2017, law enforcement officers developed information that the defendant was distributing large quantities of butyryl fentanyl in the Buffalo area.
During the investigation, a confidential source and undercover officers were used to conduct controlled purchases from Matias.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, under the direction of Major James Hall; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Utica Man Previously Convicted of Bank Robbery, Charged with Bank Robberies in Depew, Gates, and Penfield Following Thruway Traffic StopRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Ferrone, 28, of Utica, NY, was arrested and charged by criminal complaint with three counts of bank robbery. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that the criminal complaint alleges that the defendant committed three bank robberies:
• On August 20, 2019, Ferrone robbed the Bank of America, located at 5091 Broadway in Depew, NY;
• On October 31, 2019, Ferrone robbed the Chase Bank, located at 6 Spencerport Road in Gates, NY; and
• On December 17, 2019, Ferrone robbed the M&T Bank, located at 625 Panorama Trail in Penfield, NY.In each of the three robberies, the defendant was wearing a high-quality latex mask that covered his face, and handed the tellers notes demanding money.
On January 13, 2020, a New York State Trooper conducted a traffic stop on a vehicle driven by Ferrone on the New York State Thruway. The vehicle did not have license plates displayed, nor did it display a valid inspection sticker. Law enforcement officers conducted a search of the vehicle and recovered controlled substances, as well as several high quality latex masks, including one that appears to have been used in the Bank of America robbery in Depew, and another mask that appears to have been used in both the Chase Bank and M&T Bank robberies in Gates and Penfield. Also recovered from the vehicle were numerous items of clothing matching the clothing worn during the three charged robberies, along with two handwritten notes that read “I Have Gun Large Bills” and “I Have Gun All Large Bills.”
In May 2013, Ferrone was convicted in United States District Court in the Northern District of New York on eight counts of federal bank robbery.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being detained.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Major Crimes Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Eric Laughton; the East Rochester Police Department, under the direction of Chief Steve Clancy; the Depew, Police Department, under the direction of Chief Jerome Miller, and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
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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Three Defendants Indicted in Postal Carrier KidnappingRead 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 one-count indictment charging Mark Rogers, 36, Joseph Way, a/k/a Gus, 34, and Tashara Levans, 35, all of Rochester, NY, with kidnapping of a federal employee. The charge carries a maximum penalty of life in prison.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that the indictment alleges that Rogers, Way, and Levans kidnapped a U.S. Postal Service employee in the City of Rochester on November 16, 2019.
The defendants were arraigned before U.S. Magistrate Judge Mark W. Pedersen and are being held pending detention hearings.
The indictment 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 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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Rochester Woman Sentenced for Role as Driver in Greece Liquor Store RobberyRead 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 Kayla Dade, 20, of Rochester, NY, who was convicted of Hobbs Act Robbery, was sentenced to serve 31 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on January 23, 2019, the defendant drove co-defendants Lavon Wims and Malik Lott to the vicinity of Jordy’s Spirits at 3725 Dewey Avenue in Greece, NY. Dade waited in the car while Wims and Lott entered Jordy’s Spirits. Once inside, Wims pointed what appeared to be a handgun at a store employee and demanded money. Lott assisted Wims in removing cash from the register, and they left with approximately $350. Wims and Lott then returned to Dade’s car, and she drove them away from the area of the robbery. The defendant knew that Wims had committed robberies prior to January 23, 2019, and previously possessed a firearm.
Co-defendants Lott and Wims were previously convicted and sentenced for their roles in the robbery at Jordy’s Spirits, as well other robberies in the Rochester area.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Rochester Area Major Crimes Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
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Rochester Man Sentenced to Prison After Fleeing Police with Cocaine and A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony McIntyre, 37, of Rochester, NY, who was convicted following a jury trial of possession with intent to distribute cocaine, and who subsequently pleaded guilty to being a felon in possession of a handgun and ammunition, was sentenced to serve 86 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorneys Sean C. Eldridge and Cassie M. Kocher, who handled the prosecution of the case, stated that on December 1, 2017, Rochester Police officers attempted to stop a vehicle that was being driven by the defendant on Dewey Avenue after seeing the driver commit a traffic violation. As officers attempted to stop the vehicle, McIntyre pulled into a driveway on Ravine Avenue, got out of the vehicle, and ran. While the defendant was running, he removed from his waistband a .45 caliber semi-automatic handgun that had a defaced serial number and was loaded with five rounds of ammunition. McIntyre threw the gun in a garbage can, as he continued to run from officers. He was taken into custody after a brief, block-long chase.
While searching the defendant, officers also found approximately 93 grams of cocaine, a quantity of marijuana, and $2,746 in his pants and jacket pockets.
On April 10, 2007, in U.S. District Court, McIntyre was convicted of being a felon in possession of a firearm, and was sentenced to serve 78 months in prison. As a result, the defendant was legally prohibited from possessing a gun on December 1, 2017.
In addition to convicting defendant of the aforementioned charges, the jury also found McIntyre guilty of possessing marijuana.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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Las Vegas Man Charged with Attempting to Buy A Fake PassportRead 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 Patrick Sileo, 62, of Las Vegas, Nevada, was arrested and charged by complaint with fraud in connection with identification documents. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that on November 11, 2019, an undercover HSI Special Agent (UCA) was contacted online by the defendant who was utilizing the email address [email protected]. Sileo inquired about purchasing a fraudulent passport and stated that he found the UCA's email address on a website known to law enforcement that advertises the sale of various illegal products, such as fraudulent identity documents, drugs, and counterfeit goods, among other illicit items. The UCA posed as a seller/online vendor of fraudulent documents.
The defendant told the UCA that he was a U.S. citizen currently located in the United States who had returned from Southeast Asia “some” months ago. He further stated that he had a United States passport that would be expiring in one week and that the Internal Revenue Service had blocked it from being renewed.
The following day, on November 12, 2019, Sileo told the UCA that he would use it to travel to Southeast Asia, and that it would be his primary identity document. He also asked for clarification on the process of purchasing the document. The UCA explained that defendant needed to make the purchase online, then send the UCA biographical information, a facial photograph, and signature to be placed on the fraudulent passport. The UCA would, in turn, create a document utilizing the information.
On November 23, 2019, [email protected] ordered a United Kingdom passport with the UCA, placing $3,585.00 in escrow on the dark web website for the purchase of the document. The defendant provided the UCA with a copy of a facial photograph, as well as fictitious information to be placed on the passport. On December 6, 2020, the defendant advised the UCA where to mail the passport to in Las Vegas, Nevada.
The defendant was arrested in Nevada and returned to the Western District of New York. Sileo made an appearance before U.S. Magistrate Judge Michael J. Roemer and is being held.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Forestville Man Sentenced on Child Pornography 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 Joseph Harvey, 56, of Forestville, NY, who was convicted of possession of child pornography, was sentenced to serve 96 months in prison and 25 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on May 16, 2016, the defendant possessed 37 videos and 51 images of child pornography. Some of the images included prepubescent minors, and depictions of violence.
In addition, between January 16 and May 14, 2016, the defendant exchanged text messages with another man in which they discussed child pornography. During those text exchanges, Harvey distributed and received images of child pornography.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Buffalo Man Fails to Stop for Inspection, Speeds 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 a federal grand jury has returned an indictment charging Raison Holt, 25, of Buffalo, NY, with high speed flight from border checkpoint, and failure to present vehicle for inspection. The charges carry 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 according to the indictment, on January 20, 2020, the defendant intentionally fled the checkpoint at the Lewiston Queenston Bridge, in Lewiston, NY, in excess of the legal speed limit. In doing so, Holt failed to report the arrival and present said vehicle, and any person and merchandise on board, for inspection to a Customs and Border Protection officer. CBP Officers subsequently pursued Holt and apprehended him.
The defendant will be arraigned at a later date.
The indictment is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
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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Pen Yan Man Pleads Guilty to Falsifying Inspection Reports for Space PartsRead 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 Smalley, 42, of Penn Yan, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to falsifying inspection reports for space parts. The charge carries a maximum penalty of 15 years in prison and a $500,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant was a Quality Assurance Engineer at PMI Industries, LLC, a Rochester aerospace precision machining service, specializing in high-tolerance machining for flight critical aerospace parts used to build space flight vehicles by SpaceX and other Department of Defense aerospace contractors. Smalley began his employment at PMI on March 6, 2017, working on contracts for SpaceX, which developed the Falcon launch vehicle family and the Dragon spacecraft family. Falcon and Dragon both currently deliver payloads into Earth orbit for NASA, the Air Force, other United States government agencies and private industry. SQA Services, Inc. (SQA) is a subcontractor to SpaceX, and provides multiple quality assurance functions within the aerospace and defense manufacturing industries.
In January 2018, an internal audit by SQA Services, Inc. (SQA), at the direction of SpaceX, revealed multiple falsified source inspection reports and non-destructive testing (NDT) certifications from PMI Industries, LLC, for Falcon 9 and Falcon Heavy flight critical parts. SpaceX notified PMI of the anomalies. Source inspections and NDT are key tools used in the aerospace industry to ensure manufactured parts comply with quality and safety standards.Specifically, the signed source inspection report had a forged signature of the SQA inspector. SpaceX and SQA officials believed the signature of the inspector was photocopied and cut and pasted onto the source inspection report with a computer.
On February 16, 2018, the NASA Launch Services Program alerted the NASA Office of Inspector General (OIG), and Kennedy Space Center (KSC) Resident Agency, regarding the falsified source inspection reports and false NDT certifications created by PMI. Some of the false source inspection reports and false NDT certifications were related to space launch vehicle components that, at the time of discovery, were to be used for the upcoming Transiting Exoplanet Survey Satellite (TESS) mission, which launched from a SpaceX Falcon 9 rocket on April 18, 2018.
The investigation has identified that Smalley, while an employee of PMI, falsified at least 38 source inspection reports for space vehicle parts procured by SpaceX for the construction of the Falcon 9 and Falcon Heavy series of space vehicles. The investigation has also identified at least 76 individual piece parts that were rejected during source inspection or were never inspected by SQA, then subsequently shipped to SpaceX.
A records request from SpaceX identified seven NASA space flight missions, two United States Air Force space flight missions, and one National Oceanic and Atmospheric Administration (NOAA) space flight mission that were affected by parts purchased by SpaceX from PMI.
Subsequently, SpaceX terminated its business relationship with PMI averaged approximately $200,000 per month from the business with SpaceX, as a disqualified supplier. PMI subsequently closed its operation.
“With space representing our nation’s next frontier, my office will remain vigilant to ensure that American ingenuity does not fall victim to indolence,” noted U.S. Attorney Kennedy. “Failure to comply with quality control measures undermines the integrity of essential equipment and technology.”
The plea is the result of an investigation by the NASA Office of Inspector General, under the direction of Special Agent-in-Charge John Corbett, Central Field Office; the Air Force Office of Special Investigations, under the direction of Special Agent-in-Charge Wendell W. Palmer, Office of Procurement Fraud; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for May 13, 2020, at 2:00 p.m. before Judge Wolford.
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Buffalo Photographer Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Delshawn K. Trueheart, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to production of child pornography. Production of child pornography carries a mandatory minimum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that on March 20, 2019, investigators reviewed an SD memory card seized from Trueheart’s residence during the execution of a federal search warrant. The SD card contained a video shot by the defendant which showed Victim 1 naked in the defendant’s East Delavan Avenue photography studio.
In 2019, Victim 1 reported to the Buffalo Police Department that Trueheart had a sexual relationship with her while she was between approximately 15 and 17 years of age.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for June 8, 2020, at 3:00 p.m. before Judge Sinatra.
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Repeat Gun Offender Sentenced for Selling Guns IllegallyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kwesi Noble, 25, of Rochester, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 87 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that Noble illegally sold three firearms, two of which were loaded, to an individual in exchange for money in July 2019. The defendant was armed with a fourth gun, a loaded 9mm handgun, at the time of his arrest, which he threw over a fence as he fled from police.
Noble was previously convicted in March 2013 for Criminal Possession of a Weapon in the Second Degree, and as a result is legally prohibited from possessing firearms.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Former City Honors Teacher Indicted on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three count indictment charging Peter Hingston, 59, of Amherst, NY, with two counts of production of child pornography and one count of possession of child pornography. The charges carry a maximum penalty of 70 years in prison.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the indictment, between September 2018, and June 17, 2019, the defendant used two minor victims to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. In addition, Hingston possessed a GoPro HERO4 digital camera containing an SD card that contained images of child pornography.
According to a previously filed complaint in the case, in June 2019, the Federal Bureau of Investigation learned the Buffalo Police Department was investigating an incident related to the possible production of child pornography involving Hingston. The report alleged that the middle school technology teacher was observed using a GoPro camera to photograph or record female students in a sexually inappropriate way. Multiple students came forward regarding Hingston’s use of the GoPro during class.
The defendant was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and continues to be detained.
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Town of Tonawanda Police Department, under the direction of Acting Chief James P. Stauffiger.
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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Woman Pleads Guilty to Distributing Contraband CigarettesRead 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 Crystal King, 32, of the Akwesasne Mohawk Indian Reservation, pleaded guilty before U.S. Magistrate Judge Marian W. Payson, to distribution of contraband cigarettes. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that the defendant worked with others to acquire “cut rag tobacco” which would be used to manufacture contraband cigarettes. Monies to purchase the cut rag tobacco were wired from Rochester, NY to CanStar International Inc., a tobacco broker, in the state of Florida. The cut rag tobacco was subsequently obtained from a tobacco distributor located in the state of North Carolina.
In October 2018, King directed that a shipment of cut rag tobacco be sent to individuals who the defendant knew were manufacturing and distributing unlicensed cigarettes on and from the Akwesasne Mohawk Indian Reservation, which is located in the Northern District of New York. On October 18, 2018, law enforcement officers stopped a pickup truck, towing an enclosed gray trailer, shortly after leaving the reservation. A search of the trailer located approximately 3,000,000 contraband cigarettes wrapped in plastic bags. None of the cigarettes bore a New York State tax stamp or other evidence of the payment of applicable New York State cigarette taxes. Under New York law, tax stamps are required on all cigarettes that enter the stream of commerce in New York State.
King admits that she knowingly assisted others in evading approximately $150,990 in federal excise taxes and $652,500 in New York State sales taxes related to the manufacture, possession and distribution of illegal contraband cigarettes.
The plea is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; Homeland Security Investigations - Border Enforcement Security Team, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; the Alcohol and Tobacco Tax and Trade Bureau – Office of Field Operations, under the direction of Assistant Administrator Nicholas Colucci; 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 April 30, 2020, at 12:00 p.m. before U.S. District Judge Charles J. Siragusa.
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Rochester Man Arrested, Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeremy Hernandez, 30, of Rochester, NY, was arrested and charged by criminal complaint with producing child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi who is handling the case, stated that according to the complaint, the National Center for Missing and Exploited Children (NCMEC) received information from an electronic service provider that a user had uploaded several images of child pornography to a blog on the provider’s platform. As a result of that information, the New York State Police identified and located the source of the child pornography at an address in Rochester.
The complaint further states that on October 24, 2019, a search warrant was executed at the residence. Hernandez was present at the time. Investigators seized several digital devices, including two cellular phones that belonged to the defendant. A forensic analysis recovered images and videos on the phones, which depicted Hernandez sexually abusing a minor under 13 years old on multiple occasions between 2017 and 2019. The child has since been identified and located.
The defendant made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on February 13, 2020, 2:30 p.m.
The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of Director Kathy Cardilli; the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Palmyra Man Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Gfeller, 35, of Palmyra, NY, pleaded guilty to producing child pornography, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a minimum penalty of 15 years in prison, a maximum of 30 years, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on February 12, 2019, Homeland Security Investigations in Buffalo received information, from an international law enforcement network, that child pornography had been recovered by authorities in various countries, including Germany, Belgium, Italy, Portugal, and France, which had possibly originated in Western New York. The child pornography depicted a prepubescent minor.
With assistance from the Royal Canadian Mounted Police, Homeland Security Special Agents used data associated with the images to locate the residence where the images were produced. The victim was located. On March 1, 2019, investigators executed a search warrant at the defendant’s residence and arrested Gfeller for producing the child pornography.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, with assistance from the Royal Canadian Mounted Police and the New York State Police.
Sentencing is scheduled for May 4, 2020, at 9:30 a.m. before Judge Geraci.
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Convicted Felon Sentenced to 10 Years in Prison on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Humby, 31, of Rochester, NY, who was convicted of possession of child pornography involving prepubescent minors, after having sustained a conviction for child sexual abuse, was sentenced to serve 10 years in prison, and 10 years of supervised release, by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Humby was convicted of sexually abusing three minors in Monroe County in 2008, and sentenced to serve 108 months in prison. The defendant was released to parole supervision in 2016. On August 24, 2018, while conducting a routine search of Humby’s residence, New York State Parole Officers discovered the defendant to be in possession of a cellular phone, in violation to his parole conditions. Humby was taken into custody and the phone was turned over to the FBI. A forensic analysis recovered images of child pornography on the phone.
The sentencing is the result of an investigation by members of New York State Parole, under the direction of Acting Commissioner Anthony J. Annucci; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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Citizen of Ghana Pleads Guilty to Assaulting A Federal Officer and Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nana Dwomah Yeboah, 36, a citizen of the Republic of Ghana, pleaded guilty, before U.S. District Judge Charles J. Siragusa, to assaulting a federal officer and possession of a controlled substance. The charges carry a maximum sentence of eight years in prison, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that that on the morning of December 24, 2017, U.S. Customs and Border Protection Officers were conducting a routine patrol of the Greyhound Bus Station on Cumberland Street in Rochester. Officers observed the defendant enter the bus station and place a package on a bench in the lobby area. Yeboah then exited the station, leaving the package unattended. After several minutes, officers searched the abandoned package to ensure that it did not pose a threat to the public. Inside, officers discovered a quantity of marijuana that appeared to be packaged for sale.
After several minutes, the defendant returned to the area and was questioned by officers, who quickly determined that he was not a U.S. Citizen. As they attempted to detain and further identify Yeboah, he fled the station, leading officers on a short chase. Yeboah was ultimately apprehended, but proceeded to fight with officers for several minutes. One of the officers suffer facial injuries that required treatment at Rochester General Hospital. The defendant was ultimately brought under control with the assistance of civilian bystanders. Subsequent investigation determined that Yeboah was in possession of an additional quantity of marijuana that was packaged for sale.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Special Agent in Charge Vance Kuhner, with assistance from the U.S. Border Patrol under the direction of Chief Edwardo Payan, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
Sentencing is scheduled for May 7, 2020, before Judge Siragusa.
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Buffalo Man Going to Prison for His Role in Drug Trafficking OrganizationRead 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 Devincio K.D. James, 30, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 87 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between July 2017 and September 29, 2017, the defendant conspired with others to distribute cocaine in the Niagara Falls area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa.
James was a mid-level distributor of cocaine for Rivera-Figueroa. James picked up the cocaine from either Rivera-Figueroa or another co-defendant, then sold it in Niagara Falls. On September 29, 2017, James was arrested inside his residence at 1080 99th Street in Niagara Falls. Investigators searched the residence and recovered approximately $29,260 in U.S. currency; a loaded 20 gauge shotgun; 23 live 20 gauge shotgun shells; and five digital scales.
A total of 12 defendants were charged and convicted in this case. James is the seventh defendant to be sentenced.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; 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; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Rochester Contractor Sentenced for Filing False Tax ReturnsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Bassett, 43, of Rochester, NY, who was convicted of filing a false tax return, was sentenced to serve six months in prison and six months home confinement by U.S. District Judge Elizabeth Wolford.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant owned and operated a paving and sealing company, which provided both personal and commercial sealing and paving services in the Rochester area. After receiving payment for services provided, Bassett failed to deposit all of the business income into the business bank account. The defendant would cash some business checks but failed to place them into the banking system.
Bassett did not advise his tax return preparer that he had cashed numerous business checks. As a result, the defendant knowingly caused the preparation of false personal income tax returns. For the years 2012 through 2015, Bassett failed to report approximately $1,704,873.89 in income on his tax returns, which resulted in the defendant failing to pay approximately $378,331 in taxes to the Internal Revenue Service. The defendant has paid back that amount to the IRS, but still owes more than $400,000 in penalties and interest.
The defendant also, in the course of failing to report all of his gross income from his sealing and paving business, failed to withhold taxes from his employees’ wages, did not provide his employees with Form W-2s, and did not report this on any other return required to be filed with the Internal Revenue Service.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.
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Lancaster Man Sentenced for FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Dillon, 55, of Lancaster, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 52 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $5,245,862.
Assistant U.S. Attorneys Douglas A. Penrose and MaryEllen Kresse, who handled the case, stated that between May 2010 and November 2013, Dillon conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Dillon and co-conspirator Gilbert Lynagh formed two companies – i2i Capital LLC and i2i Settlement Partners LLC – which were incorporated in Delaware but listed a business address in Lancaster, NY.
Thereafter, Dillon, Lynagh, and other members of the conspiracy caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Victim funds were wire transferred from the victim’s bank accounts to bank accounts controlled by Dillon and Lynagh at Alliance Bank in Oneida, NY.
The majority of victim funds were utilized by Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Dillon, Lynagh, and other members of the conspiracy. As a result, at least five investors suffered substantial financial hardship by losing retirement or other savings or investment funds.
Gilbert Lynagh was convicted for his role in the conspiracy in July 2016. Another co-conspirator, Leonard Smith, was convicted for his role in the scheme in August 2019 and is awaiting sentencing.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert.
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Greece Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kwashie Ajavon, 33, of Greece, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute crack cocaine and being a felon in possession of a firearm and/or ammunition. The charges carry a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on August 13, 2019, law enforcement officers executed a search warrant at the defendant’s residence on Estall Road in Greece. During the search, officers recovered three loaded firearms, approximately $1,200 in cash, methamphetamine, marijuana, and drug packaging materials and cutting agents. Officers also searched a vehicle pursuant to a search warrant and recovered a quantity of crack cocaine and a scale.
In 2008, Ajavon was convicted of Criminal Possession of a Weapon in the Second Degree in Monroe County Court and sentenced to 42 months in prison. As a result, he is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for April 30, 2020, at 9:15 a.m. before Judge Siragusa.
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Former Albion Man Sentenced for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Campbell, 33, formerly of Albion, NY, now living in North Carolina, who was convicted of possession of child pornography, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated in July 2018, an individual contacted the Orleans County Sheriff's Office after discovering a disturbing video on a desktop computer that belonged to the defendant. The witness and Campbell lived together on and off and Campbell left the computer at the residence when he was made to vacate the residence by the witness in June 2018. In addition to the desktop computer, Witness 1 also turned over a laptop computer and hard drive.
A forensic analysis of the desktop, laptop, and hard drive revealed more than 65 image files and more than 20 videos containing child pornography. Some of the images depicted the sexual abuse or exploitation of an infant or toddler, and other depictions of violence.
The sentencing is a result of an investigation by the Orleans County Sheriff's Office, under the direction of Sheriff Randy Bower, and the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert.
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Op-Ed: Congress Needs to Take Action on Fentanyl Legislation to Save LivesRead the Press Release
By:
Geoffrey S. Berman, U.S. Attorney for the Southern District of New York,
Richard P. Donoghue, U.S. Attorney for the Eastern District of New York,
Grant C. Jaquith, U.S. Attorney for the Northern District of New York, and
James P. Kennedy, Jr., U.S. Attorney for the Western District of New YorkFentanyl, while providing great help and hope to those suffering from chronic pain throughout the United States, has also been the cause of tragic suffering and death for hundreds of thousands of people.
Synthetic opioids such as fentanyl and its chemical variants or analogues are significantly more potent and lethal than heroin. Carfentanil, for example, is an analogue of fentanyl that is approximately 100 times more potent than fentanyl and approximately 1,000 times more potent than heroin. Its commercial uses include serving as a tranquilizer for large animals such as elephants and rhinoceroses. Even the tiniest amount of a fentanyl analogue – just a few grains, less than an eighth the size of a penny – can be fatal to humans.
Over the past decade, each of our offices has charged large-volume illegal distributors of potentially lethal fentanyl. And yet, the death toll continued to rise because drug trafficking cartels responded to our enforcement efforts by manufacturing equally and even more dangerous analogues of fentanyl.
To address this deadly trend, the Drug Enforcement Administration (DEA) began using its scheduling authority – that is, its authority to designate substances as illegal narcotic drugs – to criminalize the distribution of particular synthetic analogues of fentanyl. The response of criminal syndicates, motivated by the high profitability of the trade in potentially lethal fentanyl analogues, was to alter the formulation of a particular prohibited analogue so that it fell outside the ban, which could sometimes be accomplished by changing a single molecule in the drug’s chemical composition.
Each time that new formulation was prohibited, the criminal producers would come up with a new analogue with a chemical formula that again fell outside the ban.
In February 2018, the DEA instituted a two-year ban on all fentanyl analogues to obviate the continual race to keep up with criminal producers. That ban has played an essential role in each of our offices’ efforts to combat the opioid epidemic, and to prosecute large-scale distributors responsible for peddling deadly fentanyl analogues in our communities.
Unfortunately, the DEA ban on fentanyl analogues will end on February 6 unless Congress acts. We urge Congress to pass a bill that ensures the permanent class-wide scheduling of fentanyl analogues. We are confident Congress can accomplish this without impeding responsible medical research or interfering with medically necessary prescriptions.
A number of organizations have voiced opposition to the proposed legislation, pointing out, among other things, that the bill does not embrace public health approaches to the overdose crisis.
We agree that a comprehensive approach to the opioid crisis is needed, and permanent class-wide scheduling should be viewed as part of a broader program. But a bill banning fentanyl analogues should not be opposed because it doesn’t also address addiction treatment. Outlawing fentanyl analogues will save lives.We urge Congress to make permanent the DEA’s temporary scheduling order for fentanyl analogues.
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Two Rochester Residents Charged with Production, Receipt, Distribution, and 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 Joshua Sattora, 35, and Rebecca Woodin, 34, both of Rochester, NY, were arrested and charged by criminal complaint with production, receipt, distribution, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the National Center for Missing and Exploited Children received a CyberTipline Report indicating that a Dropbox user, later identified as defendant Joshua Sattora, was in possession of child pornography. A search warrant was then executed at Sattora’s Rochester residence. Investigators seized multiple electronic devices that contained thousands of images and videos of child pornography. Investigators also seized Sattora’s cell phone which contained a series of a series of text message conversations between Sattora and an individual later identified as Rebecca Woodin.
In those text messages, the defendants discussed their mutual interest in child pornography and their desire to have sexual contact with children in general. They also discussed at length their desire to have sexual contact with Minor Victim 1 in particular. Minor Victim 1 was either five or six years old during the course of the alleged conduct and was known to defendant Woodin. Sattora and Woodin talked in sexually explicit language about Minor Victim 1. Woodin also sent Sattora naked pictures of Minor Victim 1.
The defendants also exchanged explicit text messages about a second victim, Minor Victim 2.
Sattora also sent Woodin a screen shot of a document entitled “The Pedophile's Handbook.” Sattora wrote “yeah goes into detail about everything from how to find a girl to how to groom her to making sure she stays quiet afterwards.”
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and were held pending a detention hearing. Woodin’s detention hearing will take place on January 30, 2020; Sattora’s detention hearing has not yet been scheduled.
The complaint is a result of an investigation by the Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Eric Laughton; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Going to Prison on Fentanyl ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Felix Figueroa, 40, of Rochester, NY, who was convicted of possession with the intent to distribute 40 grams or more of fentanyl, was sentenced to serve 96 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that during the course of a lengthy investigation, the defendant sold cocaine and heroin on several occasions to an individual working with investigators. On January 29, 2018, investigators executed a search warrant at Figueroa’s home, and recovered a quantity of fentanyl and cocaine, 199 bags of heroin, 154 decks of heroin, 576 bags of cocaine, as well as items commonly used in the packaging and distribution of illegal drugs, such as a scale, baggies, cutting agent, and approximately $2,108 in cash.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, 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 Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief David Catholdi; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Luis R. Tafoya.
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Former Rochester Man Charged in Multi-Million Dollar Ponzi SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Parris, 39, currently of Atlanta, GA, formerly of Rochester, NY, was arrested and charged by criminal complaint with conspiracy to commit mail fraud, mail fraud, and conspiracy to engage in money laundering. The charges carry maximum penalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Parris and his partner, Perry Santillo, doing business as Lucian Development, headquartered in Rochester, NY, operated an investment fraud Ponzi scheme from approximately January 2012 to June 2018. The Ponzi scheme defrauded approximately 1000 investors out of at least $115,500,000.
The investment offerings pitched by Parris and Santillo consisted principally of unsecured promissory notes and preferred stock issued by various entities that they controlled. Potential investors were offered an array of investment options to create the illusion of a diversified investment portfolio. Those investment options included products issued by purported issuers such as First Nationle Solutions (FNS), Percipience Global Corporation, United RL Capital Services, Boyles America, Middlebury Development Corporation, and NexMedical Solutions, among others. None of those issuers had substantial bona fide business operations or used investor money in the manner and for the purposes represented to investors. To the extent that an issuer may have had some minor legitimate business activities, it was not profitable and insufficient revenues were generated to pay investors any returns (let alone return the principal amounts of their investments).
Over the years, to keep the Ponzi scheme from being detected, a substantial portion of incoming new investor monies were depleted by making promised interest and other payments to earlier investors. Most of the rest of incoming investor money was used to finance lavish lifestyles of the conspirators, their families and associates; to expand the scheme by purchasing investment advisor/brokerage businesses to obtain access to fresh investors; and to pay operating expenses – salaries for a sales force and administrative staff, office rents and related expenses, housing for employees, and interest on loans—all of which were in furtherance of keeping the scheme going and maintaining a façade of legitimate business operations.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released pending further proceedings.
Perry Santillo previously pleaded guilty for his role in the scheme and is awaiting sentencing.
The criminal 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; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge, New York Region; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and the Securities and Exchange Commission.
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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Convicted Buffalo Bank Robber Charged AgainRead 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 Licata, 52, of Buffalo, NY, was charged by criminal complaint with bank robbery. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, on January 21, 2020, the defendant entered the M&T Bank branch on Grant Street in Buffalo, and passed a demand note to the victim-teller. The note threatened the teller if the teller did not give him cash. The victim-teller complied and gave Licata U.S. currency. Later that same day, law enforcement officers arrested the defendant and found him in possession of currency taken during the robbery.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained. In 2011, Licata also committed bank robbery in Buffalo, and was sentenced to serve 120 months in prison.
The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, 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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Clarence Man Pleads Guilty to Gun Possession While Subject to A Domestic Violence OrderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael T. Blajszczak, 53, of Clarence, NY, pleaded guilty to possession of a firearm by a person subject to a domestic violence order of protection before U.S. Magistrate Judge Michael J. Roemer. The charge carry a maximum penalty of 10 years in prison and a 250,000 fine.
Assistant U.S. Attorney Emmanuel O. Ulubiyo who is handling the case, stated that a domestic violence order of protection was issued in Cheektowaga, NY, Town Court against the defendant on April 27, 2019, with an expiration date of October 27, 2019. As a result of the order, Blajszczak was prohibited from possessing any firearm during that time period. On May 2, 2019, the defendant knowingly possessed a .22 caliber rifle and 11 rounds of ammunition.
“Recently, Attorney General Barr announced the Project Guardian initiative, which is intended to strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners better to target offenders who use guns in crimes and those who try to buy or possess guns illegally,” stated U.S. Attorney Kennedy. “This prosecution is brought in furtherance of that initiative and provides an example of how the federal government will work side-by-side with local law enforcement to ensure that individuals who should not have guns will face federal prosecution if they seek to do so.”
The plea is the result of an investigation by Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Amherst Police Department, under the direction of Chief John Askey; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing will be scheduled at a later date.
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Rochester Man Going to Prison for over 7 Years on Gun Trafficking and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Cruz-Garcia, 37, of Rochester, NY, who was convicted of conspiring to distribute, and possessing with intent to distribute, cocaine, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 87 months in prison U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that between 2015 and September 27, 2018, the defendant conspired with others to distribute cocaine, shipped in the mail from Puerto Rico, in the Rochester area.
On September 27, 2018, Cruz-Garcia received a package containing approximately 500 grams of cocaine at his place of employment, “The Landing of Brighton,” on Westfall Road in Rochester. The defendant took the package to his residence, where law enforcement officers arrested Cruz-Garcia and seized the package. The cocaine was secreted inside of an electronic device.
The defendant also helped launder tens of thousands of dollars for the drug conspiracy in an attempt to conceal the conspiracy’s money. At the time of Cruz-Garcia’s arrest, law enforcement officers found a loaded Glock .40 caliber pistol, which the defendant possessed in connection with the drug conspiracy.
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; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Greece Police Department , under the direction of Chief Patrick D. Phelan; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; Ontario County Sheriff’s Office, under the direction of Sheriff Kevin M. Henderson; and the New York State Police, under the direction of Major Eric Laughton.
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Hamburg Doctor Pleads Guilty to Illegally Importing Heroin and CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Torin Finver, 55, of Hamburg, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to importation of a controlled substance. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on November 21, 2018, Customs and Border Protection officers examined a parcel at the Chicago, Illinois, post office addressed to “T Finver,” with a residence in Hamburg, NY. The parcel was from Germany and the sender information was fictitious. The package field tested positive for cocaine.
Subsequently, two similar packages addressed to the defendant sent from California were located by U.S. Postal Inspection Service Inspectors in Rochester. One of the packages field tested positive for heroin, the other contained cocaine.
On December 15, 2018, during review of incoming mail in Hamburg, Postal Inspectors located a fourth parcel addressed to “T Finver.” On December 17, 2018, Special Agents with Homeland Security Investigations arranged for a controlled delivery of the parcel. A U.S. Postal Inspector acting in an undercover capacity delivered the parcel and other mail addressed to “Torin FINVER.” After knocking on the front door, the Postal Inspector encountered the defendant and handed over the parcel and the mail. Finver was arrested at the scene.
During an interview with investigators, the defendant stated that he ordered “dark web” packages of heroin and cocaine from the Dream Market marketplace, seven times over two months. Finver used Bitcoin to pay for the narcotics.
“While Dr. Finver’s situation sadly illustrates just how powerful the disease of addiction can be,” stated U.S. Attorney Kennedy, “this prosecution is in furtherance of the national consensus—expressed in the federal law—which recognizes that the importation of illegal drugs is wrong and that their use is something that is also wrong and deeply destructive (as opposed to a choice like any other). While we fully support the continued expansion of treatment and prevention efforts, this Office will steadfastly uphold the rule of law, and in so doing, we will continue to seek to instill a sense of optimism which rejects the inevitability of addiction.”
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin. Additional assistance was provided by U.S. Customs and Border Protection in Chicago, Illinois.
Sentencing is scheduled for May 20, 2020, before Judge Vilardo.
# # # #Buffalo Man Going to Prison for 10 Years for His Role in Drug Trafficking OrganizationRead 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 Quinton Jones, 40, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between November 2016 and September 29, 2017, the defendant conspired with others to distribute cocaine in the South Buffalo area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa. In August of 2017, the defendant received a kilogram of cocaine from one of his co-defendants. On August 18, 2018, Jones made a payment of approximately $30,000 for the kilogram.
On September 13, 2017, the drug trafficking organization received several parcels containing cocaine through the U.S. Postal Service. Upon receipt, another co-defendant contacted the defendant to arrange for the defendant to pick up a kilogram and distribute it in the Buffalo area. On his way to collect the kilogram of cocaine, Jones was stopped by a marked Erie County Sheriff’s vehicle, and law enforcement found him in possession of $19,995 in U.S. currency.
Over the course of the defendant’s involvement in the conspiracy, Jones regularly distributed at least one kilogram of cocaine per month on behalf of the drug trafficking organization.
On September 29, 2017, the defendant was arrested inside his residence at 57 Juniata Street in Buffalo. A search warrant was executed and investigators recovered $4,023 in U.S. currency; a .22 caliber rifle with a defaced serial number; multiple rounds of ammunition; and a quantity of cocaine.
Jones is one of 12 defendants convicted in this case and the fourth to be sentenced.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge 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; and the New York State Police, under the direction of Major Edward Kennedy.
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Williamsville Man Sentenced for Wire Fraud -- AgainRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert C. Logel, 56, of Williamsville, NY, who was convicted of wire fraud and tax evasion, was sentenced to serve 51 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Jonathan P. Cantil, MaryEllen Kresse, and David Rudroff, who handled the case, stated that in 2009, the defendant was convicted of wire fraud for defrauding two victims out of nearly $3,000,000 and sentenced to 48 months in prison. Logel told the victims that he invested their money in various businesses when, in fact, he used the funds himself.
Within months of being released from prison, Logel entered into a scheme involving the production, distribution, and sale of two skin and healthcare products. During the course of the scheme, the defendant made false representations regarding his ability to distribute and market such products. As a result, victims, including QuadPharma, a pharmaceutical manufacturing company located in Clarence, NY, transferred funds to Logel which they believed would be used to ready the products for distribution and sale. The defendant did not, however, use the victims' money as promised. Rather, Logel used the vast majority of the funds for his personal use, including car payments, college tuition, rent for his and his girlfriend’s apartments, and cosmetic surgery. QuadPharma suffered a loss of approximately $417,120. Six other victims suffered a total loss of approximately $143,176.
In addition, the defendant failed to file income tax returns for the tax years 2004 through 2007, resulting in a loss of $5,574,837.38 to the Internal Revenue Service.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Jonathan D. Larsen.
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Sex Trafficker Convicted Following A Jury Trial of Using Crack Cocaine and Heroin to Coerce Victims into Prostitution Going to Prison for 30 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Valentino Shine, Sr., 52, of Buffalo, NY, who was convicted following a jury trial of five counts of sex trafficking, and one count each of sex trafficking conspiracy, narcotics conspiracy, using and maintaining a drug-involved premises, and possession with intent to distribute crack cocaine, was sentenced to serve 30 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr. He was also ordered to pay $73,600 to the victims of his crimes.
Assistant U.S. Attorneys Elizabeth R. Moellering and Meghan A. Tokash, who prosecuted the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that the defendant ran a sex trafficking operation out of his Humboldt Parkway residence in Buffalo. Shine preyed upon and exploited women who were vulnerable and addicted to drugs, coercing them to engage in commercial sex acts. The defendant provided or withheld drugs to coerce the victims to engage in commercial sex acts.
According to evidence presented by the government at trial, Shine was recovering from a cocaine addiction and knew the power that drug addiction could have over someone. The defendant used this as a weapon to target vulnerable women. Shine’s motto was “BABI PAE” – Break a (expletive) Incorporated; Pimping Ain’t Easy.
At the urging of the defendant, victims advertised on backpage.com. After performing sex acts for money, they would give that money to Shine. Money was important to Shine. When signing his name, the defendant wrote CREAM: “Cash Rules Everything Around Me.”
In addition to using drugs to control his victims, Shine also used physical beatings, manipulation, and brainwashing.
Three women who worked for the defendant died of drug overdoses as a result of their addictions.
“The defendant’s campaign to dehumanize the victims he ensnared was reprehensible,” noted U.S. Attorney Kennedy. “Through manipulation, brainwashing, and torture, the defendant cashed-in by robbing—and then selling—the dignity of a number of young, often vulnerable, women in our community. Hopefully, this prosecution and the lengthy prison sentence imposed will give Mr. Shine—and others like him—plenty of time to reflect on my Office’s unwavering commitment to the value and worth inherent in the lives of all those who live in our District.”
“The successful criminal prosecution of Valentino Shine highlights the brutality with which sex traffickers treat their victims and the lack of regard they have for human life,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This sentence should serve as a stark warning to all individuals and criminal groups involved that traffickers will be held accountable and brought to justice. Additionally, HSI will ensure the survivors get the help they need.”
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Human Trafficking Task Force of the Western District of New York.
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Mortgage Fraud Broker Sentenced for His Role in Mortgage Fraud 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 Gregory Gibbons, 54, of Mobile, Alabama, who was convicted of conspiracy to commit wire fraud affecting a financial institution, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $1,458,847.90 to the U.S. Department of Housing and Urban Development, CitiBank, and M&T Bank.
Assistant U.S. Attorneys Kathleen A. Lynch and Elizabeth Moellering, who handled the case, stated that between June 2008 and February 2009, the defendant conspired with others, including Alagi Samba, a realtor, and Daniel Badu, to devise a scheme to obtain eight loans for unqualified borrowers for homes in the Bronx, NY. As part of the scheme, Gibbons acted as the mortgage broker and altered income and asset documents of the borrowers before they were sent to financial institutions.
For instance, Gibbons altered and created documents to make it appear that defendant Badu qualified for a mortgage on a property at 814 Faile Street in the Bronx. The defendant indicated that Badu was a research ophthalmologist and earned a specific income when in fact, Badu was not a research ophthalmologist nor did he receive the income stated on a loan application. Gibbons knew that these false loan documents were submitted to
The Funding Source, a mortgage bank, in order to secure a loan insured by the Federal Housing Administration. Based on that false application and supporting documentation, the loan was approved. The Funding Source then sold the loan on the secondary market to M &T Bank, which wired funds from New York through the State of Ohio to purchase the loan.
The defendant and his co-conspirators arranged for additional fraudulent loans to be approved, including another loan for Badu, and caused wire communications to be transmitted in interstate commerce for those loans. These fraudulent transactions caused losses of approximately $4,800,007 affecting M&T Bank and other financial institutions including SunTrust Bank, JPMorgan Chase Bank, and Citibank.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph Cronin, Boston Division; the Department of Housing and Urban Development, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert.
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