Western District of New York
Press releases recorded for this federal judicial district.
Three Jamestown Residents Indicted for Operating A Methamphetamine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Richard E. Kinsey Jr., 35, Brandi M. Whitford, 23, and Terrence M. McRae, 39, all of Jamestown, NY, with narcotics conspiracy. Defendants Kinsey and Whitford are also charged with using and maintaining a drug-involved premises and possession of firearms in furtherance of drug trafficking, while defendant McRae is charged with possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, between September 2019 and October 23, 2019, the defendants conspired to sell methamphetamine in the Jamestown, NY area.
On September 6, 2019, members of the Jamestown Metro Drug Task Force executed a state search warrant at the residence of defendants Kinsey and Whitford. Kinsey and Whitford were home at the time and McRae was also present. As officers entered, McRae was observed exiting the residence to a second story porch roof, where he made a throwing motion. Officers observed a firearm flying through the air from McRae's direction to the ground where it was recovered.
During the search warrant, investigators recovered three additional firearms, eight ounces of suspected methamphetamine throughout the apartment, approximately $11,000 in US currency, assorted ammunition, and drug paraphernalia to include scales and packaging material.
All three defendants have been arraigned and are being detained.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Harry Snellings.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Repeat Gun Offender Pleads Guilty to Selling Guns IllegallyRead 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 Kwesi Noble, 25, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to four counts of being a felon in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that 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 plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
Sentencing is scheduled for February 14, 2019, at 10:00 a.m. before Chief Judge Geraci.
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Clarence Center Man Pleads Guilty to Tax EvasionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Mark E. Wolanyk, 61, of Clarence Center, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to tax evasion. The charge carries carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that in October 2010, the defendant and his minor son opened an account at First Niagara Bank in the name of the minor son, with Wolanyk listed as a custodian on the account. From October 2010 through December 2013, the defendant made deposits into the First Niagara account, including business deposits, totaling approximately $258,911.49. Between January 2011 and December 2013, Wolanyk made cash withdrawals from the First Niagara account totaling approximately $260,875.
In September 20, 2011, during the course of IRS efforts to collect taxes owed by the defendant, Wolanyk submitted what is known as a Collection Information Statement for Wage Earner and Self-Employed Individuals to the IRS. However, the defendant failed to list the First Niagara account in a designated area for listing bank accounts.
In January, April, and December of 2013, the defendant was issued five checks totaling $60,000 as compensation for services rendered in connection with a real estate transaction. All five checks were deposited into the First Niagara account.
In October 15, 2014, Wolanyk filed a false Form 1040 U.S. Individual Income Tax Return for 2013 claiming $77,477 in gross income and $56,491.58 in total income. The defendant knew his taxable income for the calendar year was greater than the amount reported on the tax return. On February 24, 2014, the defendant had previously filed a Form 1040 U.S. Individual Income Tax Return for 2013 claiming -$1,500 total income. Neither return reported the five checks totaling $60,000 deposited into the First Niagara Account.
The total tax loss associated with the defendant’s conduct is $243,386.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for April 3, 2020, before Judge Vilardo.
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California Man Indicted on Multiple Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging David Katz, 55, of Chula Vista, CA, with conspiracy to possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin, attempted possession with intent to distribute one kilogram or more of heroin, and attempted possession with intent to distribute five kilograms or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment and information presented in court, on June 7, 2017, Homeland Security Investigations Special Agents seized two kilograms of heroin in Phoenix, AZ, and another 10 kilograms of cocaine in Buffalo, NY. Subsequent investigation revealed that the defendant funded a portion of the heroin and drove the heroin from California to the area of Phoenix, AZ. Katz also helped fund a portion of the cocaine that was seized in Buffalo. During the investigation, the defendant discussed with an undercover investigator, the sale of a portion of a warehouse he owns in Chula Vista, in an attempt to fund large quantity narcotics transactions.
Katz is currently detained in California and will be brought to the Western District of New York at a later date.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dijon Harris, 53, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 28 grams or more of crack cocaine, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials.
The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for March 31, 2020, before Judge Arcara.
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Amherst Man Charged with Unlawful Possession of A MachinegunRead 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 Rejjie Ni, 22, of Amherst, NY, was arrested and charged by criminal complaint with unlawful possession of a machine gun, and unlawful possession of an unregistered machinegun. The charges carry a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on March 18, 2019, the Amherst Police Department responded to an apartment complex on Herron Drive. A maintenance worker conducting a routine inspection of the defendant’s apartment noticed a number of firearms in the apartment in plain view. The maintenance worker left the building and notified his manager who then notified police.
When officers arrived, Ni allowed them into the apartment. Once inside, officers made contact with Ni and three others. Officers discovered numerous rifles, ammunition boxes, and ammunition magazines, as well as a box that appeared to be for a rifle that displayed a shipping address from the State of Texas, sent directly to Ni in New York State.
Officers then obtained a New York State search warrant and recovered a total of 33 rifles, two shotguns and numerous rounds of ammunition. Nineteen rifles and some of the ammunition were located in Ni's room. The officers seized three of the firearms which were believed to be illegal under New York State law.
According to the complaint, the defendant converted at least one of the firearms into an illegal machinegun.
The defendant is being held following a detention hearing this afternoon before U.S. Magistrate judge Michael J. Roemer.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Felon Pleads Guilty to Gun 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 Markiest D. Hartfield, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to being a felon in possession of firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on January 4, 2019, members of the Rochester Police Department approached the defendant in the area of North Clinton Avenue and Scrantom Street in Rochester. When the officers approached Hartfield, he had a semi-automatic rifle concealed in his pants. The defendant was also found in possession of approximately 77 rounds of ammunition.
In March 2018, Hartfield was convicted of Attempted Robbery in the Second Degree, and as a result, he is legally prohibited from possessing a firearm and ammunition.
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 February 27, 2020, at 10:15 a.m. before Judge Siragusa.
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Fredonia Man Charged with Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dustin Post, 24, of Fredonia, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years in prison, and a fine of $250,000.
Special Assistant U.S. Attorney Catherine Dagonese, who is handling the case, stated that according to the criminal complaint, the New York State Police in Fredonia, in August 2019, received a parental complaint involving the commission of a possible sex offense upon a minor. According to the parent, the parent’s eight-year old child (Minor Victim 1) told the parent that the child had been sexually abused by the defendant, a family friend, sometime in the summer of 2018. When interviewed by the Child Advocacy Center, Minor Victim 1 stated that Post took the minor victim to a house, blindfolded her, and sexually abused her. Minor Victim 1 believes that the defendant likely video-recorded the abuse, adding that defendant showed her pictures of other children and explained that he had videos of other children engaging in similar conduct.
The complaint further alleges that defendant, also in the summer of 2019, video-recorded his abuse of a 12 year-old girl (Minor Victim 2) and, in 2018, received images of an 11 year-old girl (Minor Victim 3), via Snapchat.
On November 15, 2019, investigators removed a cellular telephone, a laptop computer, and four flash drives from defendant’s residence. An initial review of the electronic devices recovered multiple images and videos of suspected child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was being held pending a November 26, 2019, detention hearing.
Members of the public who have specific information related to this case are urged to contact HSI at 716-464-6070 or [email protected]. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. The complaint is a result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Rochester Resident Pleads Guilty to Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Roy Jones, 54, formerly of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to production of child pornography. The charge carries a minimum penalty of 15 years in prison, and maximum penalty of 30 years in prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that in the summer of 2006, the defendant produced child pornography involving two minors, one of whom was under Jones’ custody, care and control. The defendant saved the pornographic images to multiple storage media devices he possessed, and transported them from New York to Tennessee. Jones was later arrested and convicted in Tennessee on similar charges involving other minors.
The plea is the result of an investigation by the Hamblen County, Tennessee, Sheriff’s Office, under the direction of Sheriff Esco R. Jarnagin, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for May 19, 2020, at 11:00 a.m. before Judge Larimer.
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Buffalo Man Sentenced for Distributing 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 Atif Ullah, 30, of Buffalo, NY, who was convicted of distribution of child pornography, was sentenced to serve 144 months in prison and 30 years supervised release, by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron Mango, who handled the case, stated that on March 6, 2018, the defendant distributed a video that he knew constituted child pornography using his cellular telephone.
On August 16, 2018, law enforcement officers executed a federal search warrant at the Ullah’s residence and seized two cellular telephones, each containing images of child pornography. An examination of the telephones revealed a total of 33 images of child pornography. Eight of the images were produced by the defendant between June 22 and August 16, 2018. The minor depicted in the images was seven years old at the time of the production and was related to the defendant.
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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Georgia Man Apprehended at the Peace Bridge 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 Ibrahim Dirweesh, 35, of Atlanta, Georgia, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced by Senior U.S. District Judge William M. Skretny to serve 24 months in prison.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that on August 22, 2018, following a secondary inspection, the defendant was detained by Customs and Border Protection officers at the Peace Bridge Port of Entry. During that secondary inspection, images and videos of child pornography were discovered on Dirweesh’s cell phone. The videos were sexual in nature involving pre-pubescent children as young as two years-old.
The sentencing is the result of an investigation by U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Rochester Man Sentenced for McDonalds and Liquor Store 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 Malik Lott, 25, of Rochester, NY, who was convicted of two counts of Hobbs Act Robbery, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that in the early morning hours of December 28, 2018, Lott went to the McDonald’s restaurant on East Avenue in Rochester with co-defendants Lavon Wims and Juwan Baldwin. Lott and Wims entered the restaurant, and Wims held a knife to the throat of an employee. Wims then dragged the employee to the cash register—and then to the safe—and demanded money. At the same time, Lott displayed what appeared to be a handgun to another McDonald’s employee. Wims and Lott then fled the McDonald’s with the stolen cash.
On January 23, 2019, Lott went to Jordy’s Spirits on Dewey Avenue in Rochester with co-defendants Lavon Wims and Kayla Dade. Lott and Wims entered the store, and Wims pointed what appeared to be a gun at the store employee, and demanded money. Lott waited by the front door of the store, and after Wims told the employee to give them money, Lott then assisted Wims in removing cash from the register drawer. Wims and Lott then fled the store with the stolen cash.
Co-defendants Baldwin, Wims, and Dade were all previously convicted and are awaiting sentencing.The sentencing is the result of an investigation by the Federal Bureau of Investigation Violent Crimes 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 Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Buffalo Man Charged with Lying on Passport ApplicationRead 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 Lonnie Etienne Green, a/k/a Lonnie Coleman, 49, of Buffalo, NY, was arrested and charged by criminal complaint with making a false statement in an application for a United States Passport. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Caitlin Higgins, who is handling the case, stated that according to the complaint, on April 23, 2019, a person purporting to be the defendant submitted an application for a U.S. Passport. Green claimed that he was born in Buffalo, NY, on June 30, 1970. When asked on the application to “list all other names you have used,” Green falsely wrote “None” in the field, indicating that he had not used any other names. During the adjudication process, two social security numbers were linked to Green. One of the number was linked to a case involving child support arrears. Additionally, a check of a law enforcement database also revealed a Tennessee Driver's License for the defendant in the name of Lonnie E. Coleman. When questioned at the Buffalo Passport Agency, Green falsely stated that he had never been issued any other social security numbers, and that his birth certificate had never been amended.
Green made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released.
The complaint is the result of an investigation by the U.S. Department of State’s Diplomatic Security Service, under the direction of Resident Agent-in-Charge Kenneth M. Haynes, and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.
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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Akron Man Sentenced for Stealing FEMA Grant Funding Intended for Education ExpensesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard A. Lobur, 55, of Akron, NY, who was convicted of theft of government money, was sentenced to 18 months’ probation by U.S. District Judge Elizabeth A. Wolford. The defendant will also pay $39,182.92 in restitution to FEMA.
Assistant U.S. Attorney John D. Fabian, who handled the case, stated that on January 12, 2015, the defendant deposited into his account at the Bank of Akron, $18,000 of grant funds intended to be used for educational expenses for his children. The funds were administered as part of a Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) grant.
Between January 12 and June 9, 2015, Lobur provided $15,000 of the grant funds to his children, but also converted more than $1,000 of the remaining $3,000 to his personal use. The defendant knew that he was not entitled to convert the grant funds to his own personal use and he knew that the intended and lawful use of the funds was for educational expenses for his children.
The money was used for, among other things: payments on a Yard Card, Discover Card, and FIA Card, which were used to buy a truck, lawnmower and camper, and a payment to Akron Mobile Home Park.
The sentencing is the result of an investigation by the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge John Tiano, Detroit Field Office; the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent-in-Charge Geoff Wood; and the New York State Comptroller’s Office, under the direction of New York State Comptroller Thomas DiNapoli.
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Steuben County Man Pleads Guilty to Threatening to Kill A U.S. Congresswoman and Illegally Possessing FirearmsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick W. Carlineo, Jr., 55, of Addison, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to threatening to assault and murder a United States official, and being a felon in possession of firearms. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that on March 21, 2019, at approximately 12:20 p.m., the defendant placed a telephone call to the offices of Congresswoman Ilhan Omar, a Member of the United States Congress from the 5th Congressional District in Minnesota, in Washington, D.C. A member of Congresswoman Omar’s staff answered the call. During the call, the defendant stated, “Do you work for the Muslim Brotherhood? Why are you working for her, she’s a (expletive) terrorist. Somebody ought to put a bullet in her skull. Back in the day, our forefathers would have put a bullet in her (expletive).” The staff member recalled that the defendant stated, “I’ll put a bullet in her (expletive) skull.”
Carlineo made the threatening call to retaliate against Congresswoman Omar based on her performance of her official duties. Because he hates individuals he views as radical Muslims being in the United States government, he believed that Congresswoman Omar supports Hamas and the Muslim Brotherhood and that Congresswoman Omar’s election to the United States Congress was illegitimate.
After receiving the call, the threat was referred to the United States Capitol Police, Threat Assessment Section, who began an investigation in coordination with the FBI.
In addition, on April 5, 2019, the defendant – a previously convicted felon – possessed a load .45 caliber handgun, three rifles, two shotguns, and hundreds of rounds of ammunition at his residence in Addison, NY. In 1998, the defendant was convicted of Criminal Mischief in the Second Degree in Steuben County Court. In view of that conviction defendant was legally prohibited from possessing a firearm.
“This prosecution highlights the fact that the rights secured in our Constitution carry with them certain responsibilities,” noted U.S. Attorney Kennedy. “The First Amendment right to freedom of speech carries with it the responsibility that individuals not make threats to harm lawmakers simply because they may disagree with them. The Second Amendment right to bear arms carries with it the responsibility that individuals who desire to possess firearms not commit felony crimes. This Office remains vigilant in upholding the rule of law and reinforcing the notion that—above all else—our Nation’s founders viewed self-governance as the responsibility that each citizen has to control and govern their own behavior.”
The plea is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the United States Capitol Police, under the direction of Matthew R. Verderosa.
Sentencing is scheduled for February 14, 2020, at 11:00 a.m. before Chief Judge Geraci.# # # #
Four Grand Island Family Members Indicted for Their Roles in Bank Robberies and ObstructionRead 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 superseding indictment charging four members of a Grand Island, NY, family for their roles in two bank robberies. Timothy L. Mulvey, 33, is charged with aggravated bank robbery; entering a bank with intent to commit a larceny; bank larceny; obstruction of justice; false statements; conspiracy to obstruct justice; tampering with evidence; conspiracy to tamper with a witness; and tampering with a witness. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine.
In addition, Timothy’s father, mother, and sister were charged as follows:• Lawrence M. Mulvey, 66, (father) is charged with conspiracy to obstruct justice; obstruction of justice; accessory after the fact; and making a false statement;
• Kelsey A. Mulvey, 27, (sister) is charged with conspiracy to obstruct justice and obstruction of justice; and
• Cheryl A. Mulvey, 67, (mother) is charged with obstruction of justice; conspiracy to tamper with a witness; and tampering with a witness.Lawrence, Kelsey, and Cheryl Mulvey all face a maximum penalty of 20 years in prison and a $250,000 fine if convicted.
Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that according to the superseding indictment, on June 27, 2018, Timothy Mulvey is accused of robbing the Northwest Savings Bank located at 2300 Grand Island Boulevard, Grand Island, NY. He is also accused in a July 11, 2018, robbery which took place at M&T Bank, 880 Military Road, Niagara Falls, NY. In both instances, Timothy Mulvey displayed a weapon in a threatening manner.
The superseding indictment alleges that on July 12, 2018, the day after the second robbery, the defendant destroyed his cellular telephone. On July 13, Timothy Mulvey falsely told Special Agents of the Federal Bureau of Investigation that on July 11, 2018, (the date of the M&T Bank robbery) that he was in Rochester, NY, for work, and that his cellular telephone was electronically wiped by his employer.
In addition, the superseding indictment alleges that between mid-July 2018 and March 2019, defendants Timothy, Lawrence and Kelsey Mulvey are accused of conspiring to and destroying a black gun in order to prevent it from being used as evidence in this case. Timothy Mulvey is also accused of persuading an individual to throw the black gun, which was stored in the basement of the Mulvey residence, into a dumpster. Timothy and Cheryl Mulvey are also accused of encouraging the individual not to cooperate with law enforcement officers. In addition, Timothy and Cheryl Mulvey are accused of instructing the individual to tell law enforcement officers that such individual was drunk when initially interviewed in July of 2018.
Cheryl Mulvey is also accused of testifying falsely and evasively as to whether she spoke with Timothy Mulvey about certain bank robberies; testifying falsely and concealing information about Timothy Mulvey's possession of a black gun; refusing to testify and concealing information about whether Kelsey Mulvey found BB pellets in Timothy Mulvey's vehicle; concealing information about a black gun that was delivered to her residence in July 2018; and attempting to undermine the credibility of a witness.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth, Schroder, Jr. Timothy Mulvey is in custody. Lawrence, Kelsey, and Cheryl Mulvey were all released on conditions.
Prior to the return of the superseding indictment in this matter, Kelsey Mulvey was separately charged in a different indictment returned earlier this year which charged her with illegally obtaining controlled substances by fraud, tampering, and violation of the Health Insurance Portability and Accountability Act.
The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, 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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Federal Jury Convicts Sex Trafficker of Coercing Victims into ProstitutionRead 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 jury has convicted Ray Davis, 30, of Rochester, NY, 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. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of life, and a $250,000 fine.
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.
The verdict 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.
Ray Davis is scheduled to be sentenced on February 25, 2020, at 10:00 a.m. before U.S. District Judge Charles J. Siragusa, who presided over the trial of the case.
Marcus Brown was previously convicted and is scheduled to be sentenced on November 26, 2019, at 11:00 a.m., also before Judge Siragusa.
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Connecticut Man Sentenced for Possessing Fentanyl at Veterans Affairs Facility in Bath, NYRead 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 Nolan Rogers, 32, of Lisbon, CT, who was convicted of possession of fentanyl, was sentenced to time served and one year supervised release by U.S. Magistrate Judge Marian W. Payson.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that the defendant was a resident at the Bath, NY Veterans Affairs Medical Center. On March 3, 2019, Rogers returned to the facility after a trip home to Connecticut, when he encountered a VA Police officer. During a pat-down, 20 small bags were removed by the officer from the defendant’s pocket, and Rogers told the officer that the bags contained fentanyl. Laboratory testing confirmed that the substance was fentanyl.
The sentencing is the result of an investigation by the Department of Veterans Affairs Office of Inspector General, under the direction of Special Agent-in-Charge Sean J. Smith; and the Bath Veterans Affairs Police Department, under the direction of Chief Joseph Day. Assistance was also provided by the Steuben County Sheriff’s Office, under the direction of Sheriff James L. Allard; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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CBL/BFL Member Pleads Guilty to Racketeering Conspiracy and Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry Watkins, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to racketeering conspiracy and possession with intent to distribute crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and 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 drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
On January 11, 2014, Buffalo Police Officers were on patrol on Stanton Street and observed the defendant with another person. Watkins then ran down the street with his hand on the handle of a gun. The defendant then threw the firearm over the fence of a house on Stanton Street. Officers recovered a loaded 38 special revolver and ammunition.
On April 6, 2017, investigators executed a search warrant at 181 Sherman Street in Buffalo, and recovered one bag of crack cocaine and two digital scales in a grill in the backyard. The items belonged to the defendant. During the course of the investigation, investigators learned that Watkins frequently used the location at 181 Sherman Street as a location to store, manufacture, and distribute cocaine and crack cocaine.
On April 21, 2018, Buffalo Police Officers stopped the defendant’s vehicle which he was driving without a license and illegally tinted windows. Officers located a bag of crack cocaine and a bag of marijuana inside the car.
On July 24, 2018, the defendant was at 998 Smith Street in Buffalo when investigators executed a search warrant and recovered one bag crack cocaine, four bags of marijuana, a digital scale, and narcotics packaging.
“The good citizens of Western New York do not deserve to live in fear of young men who decide to join these violent neighborhood street gangs,” stated U.S. Attorney Kennedy. “In joining these gangs, members agree to a rulebook which seems to require them to poison their home field through drug dealing and to eradicate their opposition through gun violence. Those are not the rules, however, and if these young men ignore the warnings being given to them by law enforcement through its community policing efforts and decide to participate in a zero sum game that is gang membership, then my Office will enforce the actual rulebook—in the form of federal criminal law—and remove them from our community. By actively targeting and removing those who possess or use guns illegally, federal prosecutions for illegal firearms this year at an all-time high in our District. It is no coincidence that this surge in federal gun prosecutions has corresponded with the reduction in gun violence in the community.”
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief David Zack; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
Sentencing is scheduled for April 6, 2020, before Judge Vilardo.
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Buffalo Man Indicted for Murder and Selling Heroin That Led to A DeathRead 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 12-count superseding indictment charging Donte Walker, a/k/a Slim, 28, of Buffalo, NY, with murder while engaged in a continuing criminal enterprise and narcotics conspiracy, tampering with a witness, discharge of firearms causing death in furtherance of crimes of violence and drug trafficking crimes, conspiracy to distribute heroin resulting in death, and several narcotics offenses. The charges can carry a mandatory sentence of life in prison, or a mandatory minimum penalty of 20 years in prison and a maximum penalty of life in prison and a fine up to a $20,000,000.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Paul. C. Parisi, who are handling the case, stated that according to the superseding indictment, the defendant is accused of orchestrating the murder of Ryan Thurnherr on October 16, 2018, and causing the heroin overdose death of an individual identified as M.O.
Between 2012 and November 2018, Walker was a leader of a heroin and cocaine trafficking organization operating in the Buffalo, NY, area. In 2013, as part of the ongoing narcotics conspiracy, the defendant was responsible for the distribution of heroin to M.O., which resulted in M.O.’s death.
To further his drug-trafficking operation, Walker utilized various associates, including drug runners and lower-level drug dealers. At a peak in the defendant’s heroin distribution enterprise in 2015 and 2016, Walker was responsible for the daily distribution of hundreds of grams of heroin, sometimes mixed with butyryl fentanyl or furanyl fentanyl. Over the years, the defendant also regularly sold cocaine.
On October 16, 2018, the defendant lured Ryan Thurnherr to an area near the East Ferry Liquor Store in Buffalo under the auspices of engaging in a drug transaction. Shortly after shots were fired, and Thurnherr was found murdered in a vacant lot near the T-intersection of Winslow Avenue and Brooklyn Street. Walker believed Thurnherr was a witness or a threat to become a witness in the ongoing DEA investigation into the defendant’s drug-trafficking organization.
Donte Walker is scheduled for an arraignment on the superseding indictment on November 22, 2019, at 10:30 a.m.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Tonawanda Police Department, under the direction of Chief William Strassburg; and the Cheektowaga Police Department, under the direction of Chief David Zack.
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Two Members of the CFL/BFL Plead Guilty to Racketeering Conspiracy and 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 Miquise Jones, a/k/a Scaife, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to racketeering and narcotics conspiracy. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. In addition, Michael Walker, also of Buffalo, pleaded guilty to racketeering conspiracy and assault with a dangerous weapon in aid of racketeering, which carry a maximum penalty of life in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendants were members of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and 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 drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
During his plea, defendant Jones admitted to the following:
• Sometime in 2013 and 2014, Jones, and others, recorded several music videos in and around the Towne Gardens for songs entitled “Damn Fool,” “My Side of Town,” and “War.” They displayed firearms, United States currency, and association with the enterprise.
• On August 21, 2015, the defendant drove a vehicle on Dodge Street Buffalo with two co-defendants who shot at Victim J, a rival gang member, in retaliation for the shooting of Larell Watkins.
• On August 30, 2015, Jones drove a vehicle to Genesee and Crossman Streets in Buffalo, with two co-defendants who shot at Victim K, a rival gang member.
• On September 21, 2015, at East Ferry Street in Buffalo, the defendant drove a vehicle with three co-defendants. One of the co-defendants exited the vehicle, fired a gun numerous times at Victim L, a rival gang member. Victim L sought refuge in a store and the co-defendant then opened up the door to the store and began to shoot inside of the store. Victim L was struck in his arm and sustained injuries. Approximately 20 minutes later, Jones drove the vehicle in the area of Genesee and Crossman Streets in Buffalo. Another co-defendant in the car fired shots and struck Victim K, a rival gang member.
• On April 4, 2016, the defendant appeared in a video on Snapchat and displayed three firearms.
• On June 4, 2016, Jones was in a vehicle stopped by the Buffalo Police Department and possessed a Beretta semi-automatic pistol with ammunition.
• On December 11, 2016, the defendant was at Skyzone in Cheektowaga, NY when rival gang members shot at members of CBL/BFL. Jones and others agreed to retaliate. The defendant drove to the bar called The Groove in Buffalo where a co-defendant fired gunshots at Victim L, a rival gang member.
• On June 2, 2017, in the Towne Gardens, Jones possessed marijuana packaged for distribution.As part of his plea, defendant Walker admitted to the following:
• On May 13, 2013, in Buffalo, the defendant was stopped by a Buffalo Police Officer while riding a bicycle in violation of New York State Vehicle and Traffic Law. During the encounter, Walker possessed crack cocaine and marijuana.
• On February 1, 2017, law enforcement observed the defendant and a co-defendant exiting 974 Jefferson Avenue in Buffalo. A search warrant was then executed at the residence and officers recovered two pistols, both with a magazine and ammunition, a barrel extender, and a semi-automatic rifle with a magazine. Also recovered were metal spoons, digital scales, grinders, and kilogram presses, as well as various bags containing controlled substances, including heroin, fentanyl, butyryl fentanyl, furanyl fentanyl, and U-47700.
• On March 10, 2017, Walker provided an attorney for a co-defendant with an affidavit the defendant prepared and signed stating the he rented the apartment at 974 Jefferson Avenue, and that he possessed a 9mm and 40 caliber gun and the heroin in the apartment. The defendant provided the affidavit in an effort falsely to exonerate the co-defendant for possessing controlled substances and firearms.
• On June 19, 2019, Walker met up with Victim 1 on Genesee Street in Cheektowaga, while a co-defendant waited down the street. Walker accused Victim 1 of killing a CBL/BFL member and also of cooperating with law enforcement in the investigation of CBL/BFL. The defendant and co-defendant then both began punching Victim 1 and stomping Victim 1’s upper body and head onto the pavement. Walker and the co-defendant then ran away. Victim 1 was treated at a hospital for a fractured shoulder bone and concussion.“The good citizens of Western New York do not deserve to live in fear of young men who decide to join these violent neighborhood street gangs,” stated U.S. Attorney Kennedy. “In joining these gangs, members agree to a rulebook which seems to require them to poison their home field through drug dealing and to kill anyone who plays for an opposing team. Those are not the rules, however, and if these young men cannot recognize that in joining these gangs they are participating in a zero sum game, then my Office will enforce the actual rulebook—in the form of federal criminal law—and remove them from our community.”
The pleas are 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 Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief David Zack; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
Sentencing is scheduled for March 27, 2020, before Judge Vilardo.
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Buffalo Man Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Angelo Kidd, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that between August 2018 and June 18, 2019, the defendant conspired with others to sell crack cocaine. On August 31, 2018, Buffalo Police Officers executed a search warrant at 67 and 76 Townsend Street in Buffalo. Kidd was detained along with Charles Washington, John Sanders, Jr., and others. Officers recovered approximately 158 grams of crack cocaine, approximately 76 grams of marijuana, and items used to process and package crack cocaine for distribution. These items included cooking pans, "cut" of white powder, sandwich bags, and a digital scale that contained crack cocaine residue. Officers also recovered approximately $3,163 in United States currency.
On January 21, 2019, the Town of Tonawanda Police Department conducted a stop of a vehicle driven by John Sanders, Jr. The defendant was in the passenger seat. A search of the vehicle recovered 462 grams of marijuana in a vacuum sealed bag in the trunk, and approximately $3,000 to $4,000 in United States currency.
A total of 10 defendants were charged in this case, Kidd is the first to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The complaint 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 City of Tonawanda Police Department, under the direction of Chief William Strassburg.
Sentencing is scheduled for February 26, 2020, before Judge Arcara.
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Williamsville Father and Son Arrested with Marijuana at the BorderRead 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 Kenneth Francis Munroe, 60, and his son Kenneth Philip Munroe, 30, both of Williamsville, NY, were arrested and charged by criminal complaint with entry of goods by means of false statements and simple possession of a controlled substance. The charges carry a maximum penalty of two years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on November 8, 2019, at approximately 3:38 p.m., the defendants attempted to enter the U.S. from Canada at the Peace Bridge Port of Entry. Kenneth Philip Munroe was driving the vehicle. According to the complaint, during primary inspection, both defendants told a Customs and Border Protection officer that they did not have any drugs and/or contraband. However, the officer smelled the odor of marijuana emanating from the vehicle and referred the father and son for secondary inspection.
During secondary inspection, officers recovered: two bags of suspected marijuana, which had been concealed in the pants of Kenneth Philip Munroe; three bags of suspected marijuana, which had been concealed in the pants of Kenneth Francis Munroe; and a sixth bag of suspected marijuana, which had been secreted under the driver’s seat. Approximately 250 grams of suspected marijuana were contained within those six packages recovered from the defendants and their vehicle.
The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were released.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, 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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Man and Woman Arrested, Charged with Obstruction Involving Overdose Heroin DeathRead 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 Kevin Toth, 29, of Tonawanda, NY, and Samantha Yeates, 27, of Depew, NY, were arrested and charged by criminal complaint with obstruction of justice. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on December 28, 2018, City of Tonawanda Police and Fire personnel responded to a report of an unresponsive man found in the bathroom of Snyder Industries. Several doses of Narcan were administered but the man was declared dead.
The complaint further states that a review of security video footage from December 28, 2018, shows defendant Yeates in a red pick-up truck in the parking lot of Snyder Industries. Defendant Toth is observed approaching the pick-up truck. A short time later, Toth is seen walking back inside the building and walking toward the work space area of the deceased man and handing him an item.
The deceased man is then observed walking towards the bathroom. A short time later, he was found unresponsive in a bathroom stall by fellow employees. In close proximity was a hypodermic needle and a spoon. The man was later pronounced dead with the cause of death determined to be acute intoxication with fentanyl.
On December 29, 2018, defendant Toth denied handing anything to the decreased man when interviewed by a City of Tonawanda Detective. He did identify the person in the red truck as his girlfriend, defendant Yeates.
On January 5, 2019, a City of Tonawanda Detective interviewed Yeates who stated she went to she drove to Snyder Industries to give Toth his bank card, but later contradicted herself by stating she went to pick up Toth’s bank card. On January 14, 2019, Yeates again stated to a detective she went to Snyder Industries to pick up a debit card from Toth and denied supplying heroin to Toth.
On January 23, 2019, Yeates admitted to a detective she gave Toth heroin: “Yah, but I didn't give it to the other guy.”
On April 10, 2019, Toth told a detective that neither he nor Yeates ever provided drugs or other narcotics to the deceased man. Toth also stated that he did not know who provided the deadly fentanyl to the man at Snyder Industries.
Investigators obtained search warrants for the defendants’ Facebook Messages and cellular phones. Many Facebook and text conversations were deleted but one message exchanged between Toth and Yeates on Facebook stated: “Police just called me... Need to talk ASAP.” A text message between the two stated: “Sam I have to talk to you it's really important, I miss and love you.”
The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were released.
The complaint 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 City of Tonawanda Police Department, under the direction of Chief William Strassburg.
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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Alaskan Man Convicted in Transcontinental Machinegun Sales SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - James P. Kennedy, Jr., United States Attorney for the Western District of New York, announced today that Benjamin Handley, 26, of Homer, Alaska, who was convicted of unlawful transportation of machineguns, was sentenced to serve five years in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant sold 12 fully automatic firearms with obliterated serial numbers to an undercover agent of the U.S. Department of Homeland Security. The machineguns were all shipped from the State of Alaska to the Buffalo area.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; HSI Anchorage; the United States Postal Service Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin; and the Alaska Department of Public Safety, Division of Alaska State Troopers. The U.S. Attorney’s Office for the District of Alaska, led by U.S. Attorney Bryan D. Schroeder, also assisted in Handley’s arrest.
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Rochester Man Indicted in Violent CarjackingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a five count indictment charging Jacob Loyd, 19, of Rochester, NY, with carjacking, possession of a firearm in furtherance of a crime of violence, possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of marijuana. The charges carry a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the indictment, on June 16, 2019, the defendant stole a vehicle at gunpoint in the area of 115 Gothic Street in Rochester. Later that evening, Loyd was arrested near 1454 North Street and found to be in possession of a loaded firearm, a quantity of cocaine packaged for sale, and marijuana.
The defendant was arraigned today before U.S. Magistrate Judge Marian W. Payson and detained.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The indictment 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 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 Convicted by A Federal Jury of Cocaine Conspiracy Going to Prison for 25 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a Richard Lucas, 34, of Williamsville, NY, who was convicted following a jury trial of conspiring to possess with intent to distribute, and distributing 500 grams or more of cocaine, was sentenced to serve 25 years in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also fined $60,000 and will forfeit approximately $30,000.
Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that on May 15, 2017, investigators had search warrants for co-defendant Dominic Daniels and his vehicle. On that day, investigators were conducting surveillance and saw Daniels leave the Comfort Suites, in Cheektowaga, NY, with a blue bag and get into a white pick-up truck. After investigators observed Daniels meet with an individual on James Street in Buffalo, and engage in what appeared to be a narcotics transaction, Daniel’s vehicle was stopped and was searched. The search revealed approximately 744 grams of cocaine, a hotel key for a room rented by the defendant at the Comfort Suites, and approximately $16,000 in United States currency.
During a subsequent search of the hotel room rented by defendant, investigators seized approximately $33,000. Following Daniels’s arrest, Lucas arrived at the Comfort Suites, driving a 2017 Chevrolet Corvette. When he was approached by Erie County Sheriff’s deputies, he refused to comply with commands, resisted arrest, and then led one of the deputies on a chase through several parking lots, where he tried to carjack three vehicles. The defendant was eventually taken into custody at the intersection of the Kensington Expressway and Genesee Street by a Sheriff’s deputy and federal law enforcement officers. At the time of his arrest, Lucas was in the possession of nearly $70,000 in jewelry. Evidence presented by the Government at trial established that the defendant was obtaining cocaine from Houston and distributing it to customers in the Buffalo area.
Co-defendant Dominic Daniels was previously convicted and sentenced to serve five years in prison.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert; and the New York State Police, under the direction Major Edward Kennedy.
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Ontario Man Pleads Guilty to Harboring an Illegal AlienRead 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 O. Garcia, 42, of Von, Ontario, pleaded guilty before Senior U.S. District Judge William M. Skretny to harboring an illegal alien. The charges carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on August 5, 2019, the defendant attempted to enter the United States in a commercial truck at the Lewiston Bridge Port of Entry. When asked if anyone else was present in the truck, Garcia stated “no.”
Following a primary inspection, the truck was to the Vehicle and Cargo Inspection System for a scan. As the defendant appeared headed toward the scanning area, Garcia instead drove the truck in front of a warehouse. A second individual got out of the truck and walk directly into the entrance of the warehouse. The truck then turned around in the parking lot and headed towards the scanning area. Customs and Border Protection Officers located the individual in the hallway of the warehouse. The individual had a Chilean passport concealed in his pants. A records check determined the individual was refused entry into the United States, while seeking entry to the United States, under the Visa Waiver Program, for failing to disclose a previous arrest in Chile.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for March 20, 2020, at 9:00 a.m. before Judge Skretny.
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Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leon R. Williams, 40, of Buffalo, NY, who was convicted of possession with intent to distribute heroin, and possession of a firearm in furtherance of drug trafficking activity, was sentenced to serve 69 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Laura A. Higgins, Jeremiah E. Lenihan, and Joel L. Violanti, who handled the case, stated that on five separate dates between October 17 and November 22, 2017, the defendant sold heroin to an individual working with investigators.
On November 29, 2017, a New York State search warrant was executed at the Williams’ Texas Street residence in Buffalo. Investigators recovered heroin and cocaine, scales, razor blades, cutting agents, and $73,743 in U.S. currency. In addition, a Glock, .40 caliber firearm was recovered along with a magazine containing 10 rounds of ammunition loaded within the firearm.
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 County Drug Task Force, under the direction of Niagara County Sheriff James Voutour.
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Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- Attorney General William P. Barr announced today the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“Here, in the Western District of New York, our illegal firearm prosecutions are at an all-time high,” stated U.S. Attorney Kennedy. “It is no coincidence that the increase in the number of illegal gun prosecutions has been accompanied with a drop in gun violence in the District.”
“In the recently completed FY 2019, my Office, when compared to its most recent five year averages, saw a 58.6% increase in the number of gun matters brought into our Office and a 24.9% increase in the number of gun cases filed by our Office,” Kennedy noted. “Those gun investigations resulted in more defendants being charged in FY 2019 than in any of the previous five years with illegal firearms offenses. Those prosecution fell into two broad categories of cases—those involving prohibited persons possessing firearms (prior felons, those addicted to drugs, individuals suffering from a mental disease or defect, or individuals subject to orders of protection); and those involving individuals possessing firearms in connection with drug trafficking offenses and crimes of violence. Moreover, because we are focusing on the worst of the worst, the number of these illegal firearms cases in which sentences of imprisonment of less than 24 months have been imposed in FY 2019 fell over 86%, while more than 60% of all illegal firearms cases prosecuted in the District ended with defendants receiving prison terms of more than five years.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
U.S. Attorney further stated, “Despite the success we have seen in our District in locking up those who have shown a willingness to use guns for illegal purposes and driving down gun violence, we must continue to explore new ways to achieve those objectives.” “Through Project Guardian, we will strengthen both our resolve and ability to work with our partners in law enforcement at the federal, state, and local levels to come up with new ways to ensure that guns are kept out of the hands of criminals and others who are prohibited by law from possessing them.”
Project Guardian’s implementation is based on five principles:
1) Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
2) Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees. Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
3) Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
4) Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
5) Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
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Former Clarence Center Soccer Trainer Pleads Guilty to 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 Shelby Garigen, 41, of Clarence Center, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to access with intent to view child pornography. The charge carries a maximum penalty of 10 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between November 2018 and February 2019, the defendant communicated with two minors (Victim 1 and Victim 2), both of whom were 17-years-old at the time, using the Snapchat application. During Garigen’s communications with Victim 1, she received and viewed approximately three sexually explicit images of Victim 1. During the defendant’s communications with
Victim 2, she received and viewed approximately 10 sexually explicit images of Victim 2. Garigen knew that both victims were minors.
The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for February 28, 2020, at 1:00 p.m. before Judge Arcara.
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Federal Jury Convicts Former Xerox Employee of Credit Union Robbery and MurderRead 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 following a five-week trial, a federal jury has convicted Richard Leon Wilbern, 59, of Rochester, NY, of the August 12, 2003, armed robbery of the Xerox Federal Credit Union which resulted in the death of Raymond Batzel. The charges carry a penalty of mandatory life in prison.
Assistant U.S. Attorneys Douglas E. Gregory and Joel L. Violanti, who handled the prosecution of the case, stated that on August 12, 2003 at approximately 9:45 a.m., the defendant walked into Xerox Federal Credit Union (XFCU), located on the Xerox Corporation campus at 800 Phillips Road in Webster, NY. Wilbern was wearing a dark blue nylon jacket with the letters “FBI” written in yellow on the back of the jacket, sunglasses and a poorly fitting wig. The defendant was also carrying a large briefcase, a green and gray-colored umbrella and had what appeared to be a United States Marshals badge hanging on a chain around his neck.
Wilbern went into the cubicle of a female employee and told the employee that he was there to conduct a security assessment and to “stage” a robbery. The defendant subsequently removed two firearms from the briefcase, one described as a handgun, the other a sawed-off shot gun or sawed-off rifle. Wilbern also removed a bag and instructed the employee to fill the bag with money from behind the teller counter. The employee complied with the demands.
Shortly after, the defendant ordered employees and customers to lay down on the floor. While doing so, Wilbern confronted a customer Raymond Batzel who had just finished a banking transaction with the teller. After a very brief verbal altercation, the defendant shot Batzel in the neck which resulted in his death. As Wilbern shot Batzel, a second customer, Joseph Doud, entered the credit union and attempted to turn and run back outside after witnessing the shooting. The defendant shot and wounded the customer in the back as he fled. After shooting the two customers, Wilbern returned to the teller counter area and, while holding the firearm in the air, told credit union employees to fill the bag with cash. The defendant then took the money and fled the credit union leaving behind the umbrella.
In the aftermath of the robbery/homicide at the Xerox Federal Credit Union, the Monroe County Public Safety Laboratory attempted to obtain DNA samples from the green and gray umbrella which was left behind by Wilbern. Two sets of swabs were taken from various locations on the umbrella, including the “external wrap around closure and button”, the “lower latch mechanism”, the “metal shaft and upper latch mechanism” and an “internal strap.” One set of swabs was tested for the presence of DNA while the second set was allowed to dry, packaged and appropriately stored at the lab for future testing. Based upon the technology available at the time, insufficient amounts of DNA were located on the first set of swabs and therefore no conclusions could be drawn.
On November 15, 2011, Webster Police investigators transferred the second set of swabs from the Monroe County Public Safety Building to the Office of Chief Medical Examiner (OCME) in New York City. OCME had developed the expertise and facilities necessary to perform a DNA testing technique that enables testing to be performed on trace amounts of evidence. This testing technique is referred to as High Sensitivity DNA testing, also referred to as Low Template testing.
December 28, 2011, OCME issued a report advising that they were able to recover human DNA from each of submitted swabs from the umbrella, and that two of the submitted swabs contained sufficient levels of human DNA to conduct High Sensitivity PCR DNA testing and comparison. Regarding DNA taken from the “umbrella closure wrap around”, the Medical Examiner concluded that DNA from at least two people was located, but included one major male contributor, referred to as “Male Donor A.” The DNA profile of “Male Donor A”, based on a 15 loci result, is expected to be found in only 1 in 6.80 trillion people. As for the second sample, which was taken from the “umbrella latch mechanism (lower)” of the umbrella, based on a 10 loci result, is expected to be found in in one in 138 million people. The DNA profile was placed in a local and state data base with no positive hits.
In March 2016, a press conference was held to seek new leads in the investigation. Details of the crime were released as well as photographs of Wilbern committing the robbery. Anyone with information was asked to call a dedicated hotline.
On March 27, 2016, a concerned citizen contacted the Federal Bureau of Investigation and indicated that the person who committed the crime was likely a former Xerox employee named Richard Wilbern. The citizen indicated that the defendant worked for Xerox prior to the robbery but had been fired. The citizen also stated that they recognized Wilbern’s face from the photos.
In July 20016, FBI agents met with Wilbern regarding a complaint he had made to the FBI regarding an alleged real estate scam. During one of their meetings, agents obtained a DNA sample from Wilbern after he licked and sealed an envelope. That envelope was sent to OCME, and after comparing the DNA profile from the envelope to the DNA profile previously developed from the umbrella, determined there was a positive match.
Wilbern was employed by Xerox between September 1996 and February 23, 2001 as which time he was terminated for repeated employment related infractions. In 2001, Wilbern filed a lawsuit against Xerox alleging that the company unlawfully discriminated against him with respect to the terms and conditions of his employment, subjected him to a hostile work environment, failed to hire him for a position for which he applied because of his race, and retaliated against him for complaining about Xerox’s discriminatory treatment. Wilbern also maintained a checking and savings accounts at the Xerox Federal Credit Union. Evidence at trial demonstrated that Wilbern was in significant financial distress from roughly 2000 – 2003, including filing for bankruptcy.
The verdict is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert; the Webster Police Department, under the direction of Chief Joseph P. Rieger, the New York State Police, under the direction of Major Eric Laughton, the Monroe County Sheriff’s Department, under the direction of Todd Baxter, the Rochester Police Department, under the direction of Chief La’Ron Singletary, the United States Marshals Service, under the direction of Charles Salina, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
Sentencing is scheduled for February 11, 2020, before U.S. District Judge Charles J. Siragusa who presided over the trial.
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Buffalo Man Indicted on Multiple Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Kasan Alkafi, 39, of Buffalo, NY, with conspiracy to distribute cocaine, possession with intent to distribute cocaine, maintaining a drug-involved premises, and possession with intent to distribute, and distribution of, cocaine. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the indictment, between July 2016 and November 3, 2017, the defendant conspired with others to sell cocaine in the Buffalo area. During the course of the conspiracy, Alkafi used 13 Minton and 592 Genesee Streets in Buffalo for drug trafficking purposes.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and released on conditions.
The indictment is result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Erie County Sheriff’s office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Indicted for Selling Butyryl Fentanyl and Heroin That Caused the Deaths of Two PeopleRead 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 nine-count superseding indictment charging Nino Buggs, a/k/a Rico, 23, of Buffalo, NY, with distributing butyryl fentanyl, U-47700, fentanyl, possession and distribution of heroin, possession with intent to distribute cocaine, and maintaining a drug-involved premises. Two of the counts specifically allege that the defendant distributed controlled substances which resulted in the death of another. These counts each carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who are handling the case, stated that according to the superseding indictment, the defendant is accused of distributing butyryl fentanyl, U-47700, and fentanyl on March 21, 2017, which resulted in the death of an individual identified as M.B. In addition, Buggs is also accused of distributing heroin on August 21, 2017, which resulted in the death of an individual identified as H.W. The indictment alleges that defendant distributed butyryl fentanyl, U-47700, fentanyl, and heroin in the Western New York area on a regular basis in 2017 and that on four occasions he sold drugs to individuals working with the Drug Enforcement Administration and the New York State Police.
On August 24, 2017, the New York State Police and Buffalo Police Department executed a search warrant at the defendant’s apartment on Roesch Avenue in Buffalo. During the search, officers recovered nearly 40 grams of heroin, over 100 grams of cocaine, and several items of drug paraphernalia, including packaging, scales, multiple cell phones, and over $26,000 cash.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions. A detention hearing is scheduled for November 12, 2019, before U.S. Magistrate Judge Jeremiah J. McCarthy.
The superseding indictment is result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the New York State Police, under the direction of Major Edward Kennedy; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Bath Man Sentenced for Attempting to Have Sex with A 9 Year Old ChildRead 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 William C. Read, 34, of Bath, NY, who was convicted of the online enticement of a minor, was sentenced to serve 132 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Read utilized a social media application in an attempt to meet a nine year-old child for sex. The defendant was intercepted by members of the New York State Police and Department of Homeland Security on October 1, 2018, while on his way to meet the child. Upon his arrest, Read was found to be in possession of condoms and candy, which he intended to give to the child. The defendant also possessed images of child pornography on a cell phone in his possession.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Retired DEA Agent Indicted on Charges of Bribery, Obstruction, and 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 a federal grand jury has returned an 11-count indictment charging Joseph Bongiovanni, 55, of Tonawanda, NY, with conspiracy to defraud the United States; conspiracy to distribute controlled substances; accepting a bribe; obstruction of justice; and making false statements to an agency of the United States. The drug conspiracy charge carries a maximum possible sentence of up to life in prison, while the maximum possible sentences for the remaining counts range from five years to 20 years in prison.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that according to the indictment, between 1998 and February 1, 2019, the defendant served as a Special Agent with the Drug Enforcement Administration. From 2001 until his retirement, Bongiovanni was assigned to the Buffalo Resident Office.
The indictment alleges that between 2008 and approximately June 2019, the defendant had friends and associates who he knew were involved in the possession, use, distribution, and importation of controlled substances including marijuana and cocaine. Those friends and associates included individuals whom the defendant believed to be members of, connected to, or associated with Italian Organized Crime (IOC).
Bongiovanni is accused of using his position as a DEA Special Agent to shield his friends and associates from criminal investigations in exchange for payments. The defendant is also accused of using his position to attempt to dissuade other members of law enforcement from conducting investigations of certain individuals. The indictment alleges that between 2008 and 2017, Bongiovanni took bribes totaling at least $250,000. The defendant was paid bribes on a recurring basis in exchange for regular debriefings during which Bongiovanni provided information designed to protect and conceal the drug trafficking activities of his friends, associates, and co-conspirators.
The indictment is 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; and the Department of Justice Office of the Inspector General New York Field Office Special Agent in Charge Guido Modano. The Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, also assisted in the investigation.
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 Housing Authority Employee Charged with Defrauding Rochester Housing Charities and ObstructionRead 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 Janis White, 58, of Rochester, NY, was charged by criminal complaint with defrauding and conspiring to defraud the Rochester Housing Charities and with obstructing the government’s investigation. Each charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Executive Secretary for the Director of the Rochester Housing Authority (RHA) and the previous Board Secretary for the Rochester Housing Charities (RHC). Previously, White also acted as a bookkeeper for RHC and recorded the minutes for the RHC board meetings.
The RHA, which has an annual contract with the United States Department of Housing and Urban Development, provides housing opportunities and services for the Rochester community. The RHA formed the RHC to assist in advancing the purposes of the RHA.
HJJ Property Development (HJJ Property) was a business started on March 9, 2018, with an address of 21 Bock Street in Rochester. The business is owned by Margaret and Howard Jones Jr., the defendant’s mother and stepfather, but White actually controlled HJJ Property.
According to the complaint, White, on behalf of HJJ Property, billed the RHC for worked never performed by HJJ Property. The defendant submitted false invoices on behalf of HJJ Property totaling approximately $87,069.00.
White is alleged to have prepared a fraudulent invoice from HJJ Property addressed to the RHC which made it appear that HJJ Property had provided services to the RHC. Despite HJJ Property providing no services to the RHC, the defendant caused the RHC to pay HJJ Property the amount contained on the fraudulent invoice.On other occasions, a contractor would provide the RHC with an estimate for services to be performed for the RHC. Both the person who approved the hiring of vendors for the RHC (RHC Agent) and the defendant would receive a copy of the invoice. White would then prepare a fraudulent invoice from HJJ Property addressed to the RHC, which made it falsely appear that HJJ Property would be providing the services to the RHC that were actually going to be performed by the contractor. The amount requested to be paid on the HJJ Property fraudulent invoice would be more than what the contractor had originally requested for such services. The defendant or the RHC Agent would then email HJJ Property’s fraudulent invoice to an RHC employee who would submit the invoice for payment to the RHC. The RHC Agent would authorize the RHC to pay HJJ Property the fraudulent amount. White, on behalf of HJJ Property, would then provide a cashier’s check made payable to the contractor in the amount that the contractor had originally estimated and requested for the services it performed for the RHC. The difference between what the RHC paid HJJ Property and what HJJ Property paid the contractor, was the amount that the defendant and others caused the RHC fraudulently to overpay. Between March and July 2018, that amount was approximately $48,698.00.
On December 14, 2018, HJJ Property was served a Federal Grand Jury subpoena requesting any and all records related to HJJ Property and any work HJJ Property purportedly performed on behalf of the RHC. On February 7, 2019, HJJ Property provided its response to the subpoena. Included in that response were three fraudulent documents which purported to be satisfaction surveys signed by various tenants from three apartment complexes owned by the RHC, pertaining to work performed at such sites by HJJ Property. Also included in the subpoena response was a fraudulent invoice. The surveys and invoice were fraudulent in that they were prepared after the subpoena was served on HJJ Property and were produced in response to the subpoena to make it appear to investigators that HJJ Property was a legitimate company which had performed services for the RHC.
“Janice White is the third defendant to be charged with scheming to defraud the Rochester Housing Authority and related organizations,” stated U.S. Attorney Kennedy. “The very purpose of a housing agency, funded with federal dollars, is to provide a stable housing environment for those in our community who need assistance. When individuals entrusted to operate and run such an agency divert funds away from the laudable purposes for which such monies were earmarked and into their own pockets, the entire community is forced to pay a heavy price. This prosecution demonstrates the commitment that my Office has to rooting out corruption, to eliminating those who place their own interests before those of the public whom they are supposed to serve, and, in the process, to restoring the public trust.”
Charges remain pending against George Moses, former Chairman of the Board of Commissioners of the Rochester Housing Authority. Former Rochester City Councilman Adam McFadden pleaded guilty to wire fraud and filing a false tax return for his role in scheming to defraud the Rochester Housing Authority, and is awaiting sentencing.
White made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and was released.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Woman Going to Prison for Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Yuminique Toney, 27, of Buffalo, NY, who was convicted of distribution of fentanyl, was sentenced to serve eight months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that in May 2018, the defendant sold two grams of fentanyl and 14 grams of crack cocaine to an undercover law enforcement officer
The sentencing is the culmination of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Ithaca Man Facing Multiple Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael J. Truesdail, 38, of Ithaca, NY, was charged by criminal complaint with receipt and distribution of child pornography, and possession of child pornography involving prepubescent minors. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on March 27, 2019, a federal search warrant was executed at the defendant’s Henry Street residence. A number of electronic items were seized including two computers, a hard drive, an SD card, and two thumb drives. A forensic analysis recovered more than 1600 images of child pornography and nine video files, some of which depict children engaged in sexual activity with other children and with adults.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released.
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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Grand Jury Indicts Former School Athletic Trainer on Multiple Charges Including Enticing A Minor and 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 a federal grand jury has returned a five-count indictment charging Austin Pratt, 30, of Conesus, NY, with enticement of a minor, production, receipt, and possession of child pornography, and transfer of obscene matter to a minor. The charges carry a minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 12, 2019, the New York State Police were notified by the parents of a teenaged minor girl (the victim) that they found a large amount of text messages on their daughter’s phone from her school athletic trainer, the defendant.
During an interview with the victim, she told investigators that in November 2018, Pratt began texting her. Simple texts regarding an injury the victim suffered led to nude photographs being exchanged between the two using Instagram.
Some of the text messages between the defendant and the victim included:
• “I seriously cannot stop thinking about you or wanting you. This is crazy to me for only knowing you for a few weeks and I'm not sure how to navigate these feelings as I'm obviously married and our age difference which plays a huge role in all this. I love talking to you and being around you and all I want is to be with you. I hate the fact that I am 16 years older than you and that we have to hide and be sneaky.”
• “Nothing would happen to you lol. My life would be ruined.” The victim responded, “You get divorce papers and 20 years in jail.” Pratt responded, “Yuppppp... gotta be super sneaky.”Subsequently, according to the complaint, Pratt and the victim engaged in sexual intercourse on January 7, 2019, at the victim’s home.
Pratt was arraigned before U.S. Magistrate Judge Jonathan W. Feldman and was released on conditions.
The indictment is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Union Leader Charged with EmbezzlementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian Arnold, 48, of Elmira, NY, was arrested and charged by criminal complaint with embezzlement and false entries in required union records. The charges carry a maximum penalty of five years in prison and a $10,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, the defendant, between September 2015 and August 2018, was the financial secretary of Steelworkers Local Union 104M, which represents approximately 75 workers at Anchor Glass Container Corporation. As financial secretary, Arnold was responsible for collecting dues checks, recording all receipts, maintaining receipts and disbursement records, writing and signing checks, and preparing an accurate account of all money received and paid out to report monthly to the union membership.
Local 104M is funded through union dues collected through employer deduction. Anchor Glass issues a check weekly to the union for the collected dues deducted. All checks are deposited into the union’s Chemung Canal Trust Company checking account, which is used to pay for all the expenses of the local through check or debit card. All of Local 104M's bank statements were sent to the union’s P.O. Box, and the defendant had sole access to the P.O. Box and the statements.
Between April 2016 and August 2018, Arnold embezzled union funds totaling $33,224.15 by: using Local I04M's debit card to make unauthorized purchases totaling $14,639.13 for his own personal benefit at various hotels, restaurants, and sporting goods stores as well as at Verizon Wireless; making 54 unauthorized ATM withdrawals totaling $16,940 from the union's checking account; and writing two unauthorized checks to himself from the union's checking account totaling approximately $1,445. The defendant also falsified records that Local 104M was required maintain.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released.
The complaint is the result of an investigation by the US Department of Labor, Office of Labor Management Standards (OLMS) Buffalo Office, under the direction of the Boston-Buffalo District Office, District Director Jonathan Russo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Pleads Guilty to 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, 39, of Rochester, NY, pleaded guilty to possession with the intent to distribute 40 grams or more of fentanyl, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling 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 plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, 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.
Sentencing is scheduled for January 17, 2020, at 3:00 p.m. before Judge Geraci.
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Rochester Man Going to Prison for His Role in Multi-Million Dollar Narcotics 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 Gerardo Ballardo, 27, of Riverbank, California, who was convicted of conspiring to possess with intent to distribute and distribute five kilograms or more of cocaine and conspiracy to commit money laundering, was sentenced to serve 84 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that the defendant conspired with co-defendants Jose Manuel Lua-Guizar, Enrique Munoz, Max Riestra, Pethrod Dunnigan, and others, to sell cocaine. Ballardo obtained multiple kilograms of cocaine to distribute in cities around the country including Buffalo, NY, and Chicago, IL. The defendant received Federal Express packages, containing multiple kilograms of cocaine, addressed to him or to a co-conspirator. The packages were shipped from California and would typically be addressed to a hotel in which Ballardo was staying. Ballardo would then deliver the kilograms of cocaine to co-conspirators, traveling to Buffalo, Chicago, and elsewhere.
In August 2014, Ballardo and Jose Manuel Lua-Guizar were detained in the Minneapolis Airport on their way to Chicago after the two had been in Buffalo just days prior. During that detention, a drug ledger was seized from the defendant along with over $12,000 in U.S. Currency, which was the proceeds of drug sales. During the course of the conspiracy, most of the drug proceeds were sent back to California by structured deposits under the $10,000 reporting requirement. Ballardo made over 30 structured deposits (mostly amounts of $9,900) in Buffalo alone. Ballardo and his co-conspirators accounted for over $1,000,000 in structured deposits in Buffalo, and over $10,000,000 in structured deposits nationwide during the conspiracy. A ledger for structured deposits was also recovered from a stash house in California.
A total of seven defendants were charged and convicted in this case.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent- in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California, and Bank of America.
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Pharmaceutical Sales Rep Sentenced for Defrauding Insurance Companies Out of Millions of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Scott Trapp, 50, of Clarence, NY, who was convicted of conspiracy to commit health care fraud, was sentenced to serve 36 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay approximately $10,000,000 in restitution.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that in 1996 the defendant began working as a pharmaceutical sales representative for various pharmaceutical companies. In 2014, Trapp began marketing “compounded medications,” such as pain patches, pain creams, and scar creams. “Compounded medications” are medications created when a licensed pharmacist, a licensed physician, or a person working under the supervision of a licensed pharmacist, combines, mixes, or alters ingredients of a drug to create a medication tailored to the needs of an individual patient.
The compounded medications marketed by the defendant, and his associates, were not tailored to the needs of individual patients. Instead, the medications were tailored to contain ingredients that carried high reimbursement rates from health insurers. Formulations of the medications were modified at times to permit reimbursement from health insurance companies and/or to maximize reimbursement rates. For example, a one month supply of one of the compounded pain creams marketed by Trapp carried a reimbursement rate of $22,000.
Unlike typical pharmaceutical sales representatives who market prescription drugs to physicians, the defendant, and his associates, identified patients whose health insurance covered the medications, and convinced the patients to agree to receive the medications.
In furtherance of the conspiracy, Trapp asked a friend, who was a physician, to sign blank, 12 month prescriptions for compounded medications, in the names of the defendant and his wife. Trapp then duplicated the prescriptions and substituted names of different patients for his own name, allowing for additional prescriptions for compounded medications to be filled without the physician knowledge.
Trapp also recruited, supervised, and compensated others to market the compounded pharmaceuticals. One of those individuals then recruited others to be part of the marketing scheme. The defendant received commission payments of approximately 20% of the reimbursement rate of each prescription he personally marketed which was approved and filled. Trapp also received commission payments of approximately 5% of each prescription marketed and filled by those he supervised, and by the individuals working for those people he supervised.
In total, between 2014 and December 2016, the health care benefit programs provided by Blue Cross Blue Shield (BCBS), the Verizon Medical Expense Plan for New York and New England Associates, National Grid USA, and Sunovion Pharma, paid approximately $5,821,331, for compounded prescriptions fraudulently filled, resulting in losses of: $7,352 to BCBS; $3,601,179 to the Verizon Medical Expense Plan for New York and New England Associates; $1,992,354 to National Grid USA; and $220,445 to Sunovion Pharma.
“Trapp defrauded health care benefit programs by putting his financial well-being above the physical well-being of the patients obtaining medications from him,” stated U.S. Attorney Kennedy. “Such conduct will not be tolerated in this District.”
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the 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 U.S. Food and Drug Administration, Office of Criminal Investigations, under the direction of Jeffrey Ebersole, Special Agent-in-Charge New York Field Office; the New York State Financial Services Department, under the direction of Superintendent Linda A. Lacewell; and the Defense Criminal Investigative Service, under the direction of Special Agent-in-Charge Leigh-Alistar Barzey.
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Rochester Woman Pleads Guilty for Role 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, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to Hobbs Act robbery. The charge carries 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 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 for their roles in the robbery at Jordy’s Spirits, as well other robberies in the Rochester area, and are awaiting sentencing.
The plea 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.
Sentencing is scheduled for January 29, 2020, at 2:30 p.m. before Judge Wolford.
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Rochester Man Pleads Guilty for His Role in Drug ConspiracyRead 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 Gamaliett Rosario-Martinez, 24, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiring to possess with intent to distribute and distribute quantities of fentanyl, heroin, crack cocaine, and cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that Rosario-Martinez was a member of a drug trafficking organization led by co-defendant Jose Casado. Between December 2017 and May 15, 2019, the organization distributed large quantities of drugs out of houses located on Clifford Avenue and Treyer Street in Rochester, NY.Casado obtained bulk quantities of fentanyl, heroin, and crack cocaine, which he and other members of the conspiracy would then “bag-up” or package for sale to individual drug users. Drug runners, including the defendant, would deliver the drugs to customers in exchange for cash. Casado or another member of the organization would collect the proceeds of the drugs sales from the drug runners.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for January 17, 2020, at 2:00 p.m. before Judge Geraci.
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North Carolina Man Arrested with Ammunition at the BorderRead 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 Justin Campbell Saunders, 29, of Raleigh, North Carolina, was arrested and charged by criminal complaint with being a felon in possession of ammunition.
Assistant U.S. Attorney Emmanuel Ulubiyo who is handling the case, stated that on October 23, 2019, the defendant entered the United States from Canada at the Peace Bridge Port of Entry, without stopping his vehicle for customs inspection. Saunders and his truck were subsequently located on Walden Avenue in Cheektowaga, NY. The defendant was returned to the Peace Bridge and U.S. Customs and Border Protection officers and referred the vehicle to secondary inspection. During that inspection, officers found 53 rounds of ammunition. Saunders has a prior state felony conviction for controlled substance distribution, and as a result of that conviction, he is legally prohibited from possession ammunition.
The defendant made an initial appearance U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released.
The complaint is the result of an investigation by Customs and Border protection, under the direction of Director of Field Operations Rose Brophy, 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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Jamestown Man Arrested on Cocaine Charge at Post OfficeRead 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 Jeffrey John Guzman Suarez, 29, of Jamestown, NY, was arrested and charged by criminal complaint with possession with intent to distribute 500 grams or more of cocaine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Emmanuel Ulubiyo, who is handling the case, stated that according to the complaint, on October 2, 2019, during a review of outgoing mail at the Jamestown Post Office, Postal Inspectors were alerted to a suspicious Priority Mail parcel addressed to Guzman-Suarez from Puerto-Rico. Thereafter, Postal Inspectors executed a search warrant on the parcel and discovered a small portable charcoal grill. Inside was an off-white chunky substance in brick form wrapped in multiple layers of plastic wrap, food storage bags, and cleaning wipes. The substance was determined to be cocaine. On October 11, 2019, Guzman entered the Jamestown Post Office and requested to pick up the parcel. After accepting the parcel and exiting the post office, the defendant was stopped by law enforcement officers and taken into custody.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; and the Jamestown Police Department, under the direction of Chief Harry Snellings.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Father and Son Indicted for Killing A Niagara Falls Man in Furtherance of A Drug Conspiracy Involving Five Other DefendantsRead 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 superseding indictment charging Lavon Parks, a/k/a Dutch, 29, and his father, James C. Parks, 55, both of Niagara Falls, NY, with discharge of firearm causing death involving the murder of Kevin Turner. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
In addition, Lavon and James Parks are also charged with narcotics conspiracy, along with Annette Lugo Rodriguez, 39, Vivian Pintado-Figueroa, 41, both of San Juan, Puerto Rico; Yarimar Berrios Alvarado, 24, Wilmer Casiano-Perez, 26, both of Buffalo, NY; and Wayne E. Payne, 63, of Niagara Falls. That charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Some defendants also face other charges including possession with intent to distribute cocaine, maintaining a drug involved premises, and possession of a firearm in furtherance of drug trafficking.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the superseding indictment, between May 2017 and March 2019, all seven defendants engaged in a conspiracy to sell cocaine in the Niagara Falls and Buffalo, NY areas.
According to the superseding indictment and alleged by the government during court proceedings, on the afternoon of January 21, 2018, at approximately 4:00 p.m., 21 year old Kevin Turner was shot and killed as he exited a residence on Niagara Street in Niagara Falls.
The investigation included a series of controlled buys and payments involving defendant Lavon Parks. Investigators seized approximately 8.5 kilograms of cocaine and $52,000 in U.S. currency from postal parcels shipped from Puerto Rico to various locations in the Western District of New York, Florida, Alaska, Georgia, and Pennsylvania using the United States Postal Service. The shipments were made to co-conspirators. Additionally, the investigation identified $55,700 in U.S. currency and/or money orders shipped in parcels from co-conspirators to Puerto Rico as payment to the source of supply for the cocaine
The superseding indictment is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and the U.S. 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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Buffalo Man Pleads Guilty to Lying to Grand Jury About Murder InvestigationRead 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 Demetrius Lowry, a/k/a Little D, 24, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to obstructing an official proceeding. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that Jaquan Sullivan was shot and killed on December 5, 2015, in the vicinity of Parkdale Avenue in Buffalo. On December 8, 2015, Lowry was interviewed by Buffalo Police Homicide detectives and provided two written statements detailing the shooting, including the identity of the person who shot Sullivan.
On December 17, 2015, Lowry sent a text message to the Buffalo Police Confidential Tip Line stating that this prior information was “totally wrong” and that he did not know who was involved in the shooting. On February 18, 2016, detectives interviewed the defendant about the tip-line message, and Lowry signed a written statement indicating that the tip-line message was not true.
On July 12, 2018, law enforcement officers assigned to the FBI interviewed the defendant once again about the shooting death of Jaquan Sullivan. Lowry gave information about the identity of the shooter which was different from that which he provided on December 8, 2015.
On July 31, 2018, while under oath and testifying in a proceeding before a Federal Grand Jury, the defendant denied writing and signing both his December 8, 2015, and February 18, 2016, statements, claiming, inter alia, that he was never interviewed by a detective on February 18. Lowry testified that he did speak with the FBI in July of 2018, but he stated he was not asked about the murder of Jaquan Sullivan.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for March 20, 2020, before Judge Vilardo.
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