Western District of New York
Press releases recorded for this federal judicial district.
Former CVS Employee Pleads Guilty to Stealing over $2 Million Dollars Worth of Diabetic Test StripsRead 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 Antonio Rivera, 35, of Williamsville, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that since February 2007, the defendant was employed as a Senior Assistant Purchasing Associate for CVS Pharmacy. This position required Rivera to order a variety of retail products sold by CVS, including diabetic test strips.
In July, 2018, CVS's internal systems red flagged the purchasing of diabetic test strips at a CVS located in Rochester, NY. A package located in the store’s shipping area did not have a CVS label, included Rivera’s return address, and came from a company with which CVS does not do business. A subsequent internal investigation by CVS determined that Rivera routinely purchased diabetic test strips in excessive amounts, well over the need for that CVS location. The audit could not account for 20,203 boxes purchased by Rivera, for a total financial loss of approximately $2,535,307.62.
The defendant ordered the excessive amounts of diabetic test strips and then intercepted the shipments once they arrived. He then sold the stolen product to a third party located in the State of Florida. A forensic accounting of Rivera’s bank accounts identified payments for the fraudulently obtained diabetic test strips that were deposited into the defendant’s bank accounts.
“While business owners hate to think that their employees would steal from them, employee theft is, unfortunately, not that uncommon,” stated U.S. Attorney Kennedy. “What does stand out in this instance, however, is the brazenness and extent of the fraud.”
The plea is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Financial Services, under the direction of Superintendent Linda Lacewell.
Sentencing is scheduled for October 30, 2019, before Judge Wolford.
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Convicted Felon Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lattrell Terry, 35, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute fentanyl, and possession of firearm with altered, obliterated or removed serial number. The charges carry 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 on November 20, 2018, Monroe County Probation Officers performed a routine search of the defendant’s residence located at 92 Rexford Street in Rochester. Terry was on probation following his conviction on a drug charges in Rochester City Court.
The defendant led the probation officers to his bedroom. During their search, officers located what appeared to be a bundle of heroin and/or fentanyl, ammunition, approximately $3,316 in United States currency, and numerous new and unused baggies commonly used to package controlled substances for individual sale. As a result, investigators applied for a search warrant.
The search warrant was executed later that day at which time officers found approximately 566 individually packaged baggies of fentanyl, as well as several larger bags of fentanyl. Law enforcement also found approximately 14 grams of cocaine, numerous new and unused baggies commonly used to package controlled substances for individual sale, and other paraphernalia associated with the illegal sale of controlled substances. Also found was a 9mm semi-automatic pistol, loaded with 15 rounds in a magazine and 1 round in the chamber of the firearm. The firearm was reported stolen out of Florida in 2016. The serial number had numerous scratches across its surface, constituting an altered and obliterated serial number.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Department of Probation, under the direction of Chief Probation Officer Larry Mattle; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for October 30, 2019, at 10:30 a.m. before Judge Wolford.
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Tonawanda Man Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Dudley, 31, of Tonawanda, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that between February 2013 and April 2015, Dudley worked for and with Alan Ceccarelli, the owner and manager of a debt collection business. During that time, the defendant engaged in a scheme to defraud debtors and purported debtors by false and fraudulent pretenses. Dudley tricked and coerced victims throughout the United States into paying supposed debts through a variety of false statements and threats. Because Ceccarelli did not actually own the debts on which he, Dudley, and other employees collected, payments made by victims went directly to Ceccarelli, rather than to satisfy any of the victims’ outstanding debts.
Dudley received approximately $72,250 of the fraud proceeds collected from victims as commission.
In addition, Dudley and Ceccarelli placed telephone calls to debtors involved in bankruptcy proceedings, in which they posed as attorneys or representatives of bankruptcy courts, and induced debtors to make payments to Ceccarelli, by falsely stating that such payments were necessary for the debtors to finalize their bankruptcy proceedings.
Alan Ceccarelli was previously convicted and sentenced to serve 72 months in prison.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for October 23, 2019, at 2:00 p.m. before Judge Wolford.
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Ringleader of Fraud Scheme Going to PrisonRead 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 Sergiy Bezrukov, a/k/a Thomas Paris, a/k/a Chris Riley, a/k/a John Butler, 35, of Salamanca, NY, who was convicted of conspiracy to commit bank fraud and conspiracy to commit money laundering, was sentenced to serve 66 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $1,230,840.
Assistant U.S. Attorneys Wei Xiang, who handled the prosecution of the case, and Mary Clare Kane, who is handling the forfeiture and restitution, stated that Bezrukov, often using the alias “Thomas Paris” of “Corporate Restructure, Inc.,” solicited small businesses across the United States that were operating with merchant cash advances to “restructure” their “debt” with him. The defendant fraudulently induced the businesses to stop paying their original obligations, and to pay him instead. In total, Bezrukov defrauded approximately 200 victims out of more than $1,200,000.
The financial and emotional havoc that the defendant wreaked on the victims extended beyond losing money. Victims continue suffering long-lasting effects from bankruptcies, judgments, and damage to their credit history. In some of the family-owned and operated small businesses, Bezrukov shattered the victims’ marriages. As one victim wrote to Judge Vilardo, “It was so tempting to just end my life, but I couldn’t do it.”
During the course of the investigation, law enforcement officers learned that the defendant was planning to move his business out of Salamanca. As a result, federal search warrants were executed on Bezrukov’s office, home, vehicle and person. Officers found and seized approximately $393,000 in cash hidden in computer hard drives. Later in the investigation, a check for $729,000 dollars was seized. In addition, other checks, gift cards, and quantities of cash from the defendant’s operation were also seized. In total, more than $1,400,000 was seized from Bezrukov.
Co-defendants Mark Farnham, Dustin Walker, and Vanessa Cardona were previously convicted and sentenced.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Ontario Woman Sentenced for Her Role in Financial Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sheila Offor, 42, of Scarborough, Ontario, who was convicted of conspiracy to commit wire fraud, was sentenced to serve a three year term of probation and ordered to pay restitution totaling $134,172.60 by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between July 2005 and May 2011, the defendant and others conspired to defraud individuals seeking loans and to obtain money from these individuals seeking loans.
In furtherance of the scheme, a number of individuals established websites for fictitious financial services companies offering to arrange loans to U.S. residents with credit problems. Applicants provided their names, phone numbers, state of residence, requested loan amount, and approximate credit scores. Applicants were then contacted by persons posing as company representatives and told that a lender would be contacted for approval. When informed that a loan was arranged, applicants were instructed to sign and return a loan agreement, provide bank account information, and pay an “insurance deposit” for the lender to process the loan. Applicants were provided wire instructions for the lender’s “insurance deposit,” including the name of the company representative (payee), the amount, date, and Western Union location.
Offor served as a payee in this scheme and traveled from Canada to the United States, picked up wired funds, and transported them back to Canada. The monies were then delivered to other individuals who were managing the scheme. Applicants never received the loans, but they were often coerced into making multiple deposits under various pretexts.
In total, the defendant received $134,172.60 in fraudulent “insurance deposits” from 77 different victims.
A total of 32 defendants were charged and convicted in this case.
Today’s sentencing is the culmination of an investigation on the part of Special Agents of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Canada Border Services Agency; and the Federal Trade Commission.
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Niagara Falls Man Going to Prison for Five Years 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 Milton Williams, Jr., 35, of Niagara Falls, NY, who was convicted of possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking activity, was sentenced to serve five years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on December 12, 2017, law enforcement officers executed a New York State search warrant at the defendant’s residence at 1364 Pierce Avenue in Niagara Falls. Officers recovered three loaded firearms and additional assorted rounds of ammunition. In addition, officers recovered marijuana and a large quantity of cocaine.
The sentencing is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Grand Island Man Going to Prison 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 Anthony Weber, 36, of Grand Island, NY, who was convicted of attempted receipt of child pornography, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve 75 months in prison.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on April 9, 2017, the defendant engaged in a online conversation with Victim 1, a 15 year-old female. On April 12, 2017, Weber invited Victim 1 to a bonfire, stating they would drink alcohol and smoke marijuana. Victim 1 responded, “Im 15.”
On August 10, 2017, the defendant again engaged in an online conversation with Victim 1, offering to provide cocaine to Victim 1 in exchange for sexual intercourse. Victim 1 agreed to consider having sex with Weber in exchange for cocaine. The defendant then requested that Victim 1 send him sexually explicit pictures.
Victim 1 subsequently reported this incident to the City of Tonawanda Police Department. After the incident was reported, the Federal Bureau of Investigation assumed Victim 1’s online identity and continued to engage in online conversations with the defendant. On October 11, 2017, Weber agreed to meet the person he believed was a minor female to engage in sexual activity. The defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor.
The sentencing is the result of an investigation by the City of Tonawanda Police Department, under the direction of Chief William Strassburg; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Cheektowaga Police Department, under the direction of Chief David Zack.
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Rochester Man Who Took 14 Year Old to New York City Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Gonzalez, 42, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to production of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that on December 3, 2018, the Rochester Police Department received a 911 call from a mother regarding her missing daughter, a 14-year-old victim, who had not been seen since December 1, 2018. The mother, who attempted to call the victim’s cell phone several times without success, told police that the victim left the house that day around 1:00 p.m. without her permission. The mother also told officers that she recently discovered that the victim was in an inappropriate sexual relationship with defendant. The mother stated that she caught the defendant kissing the victim in front of her house, and that the victim confessed to the mother that she had been dating Gonzalez and that they had sex numerous times. In addition to further confirming the sexual nature of their relationship, a review of the victim’s social media indicated that she may have travelled to New York City. The defendant’s friend further advised officers that the defendant told him that he took the victim to New York City but would not state exactly where in New York City.
An emergency trace was put on the defendant's cell phone which showed that he was in fact in New York City. An Amber Alert was issued and the FBI and NYPD assisted with the investigation and ultimately apprehended Robert Gonzalez. The defendant was apprehended on December 6, 2018, at the Red Carpet Inn in Brooklyn, NY.
At the time of his arrest, officers seized Gonzalez’s cell phone. A search of the recovered numerous videos, taken between November 12, 2018, and November 19, 2018, of the defendant engaging in sexual activity with the victim.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert, and the New York Police Department, under the direction of Chief Terence Monahan.
Sentencing is scheduled for October 3, 2019, at 2:00 p.m. before Judge Wolford.
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Rochester Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Vandegrift, of Rochester, NY, pleaded guilty before U.S. District Elizabeth A. Wolford to attempted receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that the defendant was arrested by the Oswego County Sheriff’s Office after engaging a minor in sexually explicit conversations via Facebook. Following an extensive investigation, Sheriff’s Office investigators discovered three additional minor victims of Vandegrift. The victims were located and identified by members of the FBI, Corning Office. The victims included a 12 year old female, two 13 year old females, and a 17 year old female. In each of the conversations, the defendant sent the victims sexually explicit images and videos of himself, and attempted to induce the victims to send him nude photographs in return.
The plea is the result of an investigation by the Oswego County Sheriff’s Office, under the direction of Sheriff Don Hilton; the Chemung County Sheriff’s Office, under the direction of Acting Sheriff William A. Schrom; and the Federal Bureau of Investigation, Corning Office, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for October 28, 2019, before Judge Wolford.
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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 Tyrone Jiggetts, 47, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on May 6, 2019, the defendant possessed a 12 gauge double-barrel shotgun at a gas station at 799 West Main Street in Rochester. In 1991, Jiggetts was convicted of Robbery in the Third Degree, and in 2004, he was convicted of Attempted Grand Larceny in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
Sentencing is scheduled for September 13, 2019, at 2:00 p.m. before Judge Geraci.
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Niagara Falls Man Pleads Guilty to Drug Charge After Officers Find 5 Kilograms of Cocaine in His CarRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Jose Garcia-Santiago, 61, of Niagara Falls, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Michael Adler, who is handling the case, stated that in September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico and addressed to various residences in Niagara Falls, NY. Postal inspectors seized approximately five kilograms of cocaine that were intended for Santiago and his co-conspirators. One of the packages was addressed directly to the defendant’s home address. Another was addressed to the home of Katherine Dejesus-Gonzalez.
Thereafter, beginning on May 8, 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirator Edgar Joel Jimenez-Rodriguez.
On May 26, 2018, the New York State Police stopped the vehicle the defendant was driving. Co-conspirator Katherine Dejesus-Gonzalez was a passenger. Troopers seized five kilograms of cocaine from the vehicle.
Edgar Joel Jimenez-Rodriguez has been convicted and is awaiting sentencing. Charges remain pending against Katherine Dejesus-Gonzalez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.
Sentencing is scheduled for October 17, 2019, at 2:00 p.m. before Judge Geraci.
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Former VA Psychiatrist Sentenced for Health Care and Tax FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Xingjia Cui, 56, of Pittsford, NY, who was convicted of health care and tax fraud, was sentenced to serve 12 months and 1 day in prison by U.S. District Judge Elizabeth A. Wolford. He was also ordered to pay restitution in the amount $597,823.
Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant was employed full-time by the Canandaigua Veterans Administration Medical Center, and in addition, Dr. Cui also maintained a private psychiatric practice in Canandaigua, NY.
A joint investigation involving federal, state and local law enforcement agencies showed that Dr. Cui had billed health insurance companies for psychotherapy services that he did not provide to his patients. Specifically, from January 1, 2013, to October 5, 2015, Dr. Cui willfully defrauded health insurance benefit programs of approximately $79,275 by fraudulently billing for psychotherapy services he did not provide.
In addition, the investigation showed that Dr. Cui failed to report on his federal income tax returns hundreds of thousands of dollars of payments that he received directly from his patients. For tax years 2010 through 2014, Dr. Cui failed to report approximately $381,447 income that he earned, resulting in a tax loss to U.S. Treasury in the approximate amount of $132,704.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larson, Special Agent-in-Charge, New York Field Office; the New York State Department of Financial Services, under the direction of Superintendent Linda Lacewell; the New York State Medicaid Fraud Control Unit, under the direction of William Falk; and the Ontario County Sheriff's Office, under the direction of Sheriff Kevin M. Henderson.
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Rockland County Man Sentenced for His Role in Mortgage Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Badu, 56, of New City, NY, who was convicted of conspiring to commit mail and wire fraud affecting a financial institution, was sentenced to time served and 10 months home detention by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that between 2008 and 2009, the defendant conspired with others to defraud The Funding Source (“TFS”), a mortgage bank, and other financial institutions by submitting fraudulent applications for home loans. After being originated by TFS, the loans were sold to other financial institutions, including M&T Bank and JPMorgan Chase.
The co-conspirators in this case submitted fraudulent applications for loans on eight properties in Bronx, NY. They fraudulently obtained mortgages that were insured by FHA on behalf of unqualified borrowers, such as the defendant. Badu was the purchaser on two of the properties and he aided in the submission of false documentation as part of the loan application, including documents purporting to show income from a fake job. The defendant also backstopped false employment for another loan, pretending that the borrower worked for his ophthalmology company, Eagle Eyes, which in reality was a shell company that performed no business.
The total loan amount for these eight transactions was $4,800,007.In total, six defendants have pleaded guilty for their roles in this fraud. Attorney Laurence Savedoff, Esq. pleaded guilty to a misprision of a felony and was sentenced to four months in prison. Realtor and appraiser Julio Rodriguez pleaded guilty to mail and wire fraud affecting a financial institution, and a conspiracy to do the same, and was sentenced to six months in prison. Sentencing hearings are pending for mortgage broker Gregory Gibbons, and realtors Tina Brown and Alagi Samba.
The sentencing is the culmination of an investigation by the United States Postal Inspection Service under the direction of Joseph W. Cronin, Inspector-in-Charge, Boston Division; the United States Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additionally, the New York State Department of Financial Services assisted with the investigation.
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Rochester Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric Birkedahl, 32, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Birkedahl was located by undercover FBI Agents while trading child pornography online. During the execution of a search warrant at his residence, the defendant was found to be in possession of approximately 3,613 images and 3,726 videos of child pornography on his desktop computer.
The sentencing is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Ontario Woman Pleads Guilty to Smuggling Two Aliens into the United States in LewistonRead 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 Mary Ann Langridge, 63, of Toronto, Ontario, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to attempted transportation within the United States of an illegal alien for private financial gain. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on May 21, 2019, Rosa Guadelupe Lopez-Gonsalez, a Mexican citizen, and Leonardo Jiminez-De La Rosa, a Dominican Republic citizen, entered the United States at a boat dock in Lewiston, NY, without authorization and in violation of the law. Langridge met Lopez-Gonsalez and Jiminez-De La Rosa at the boat dock and attempted to transport the two aliens to the Seneca Niagara Casino in Niagara Falls, NY via automobile. The defendant participated in this offense in exchange for $500.00 United States currency.
Rosa Guadelupe Lopez-Gonsalez and Leonardo Jiminez-De La Rosa are facing immigration proceedings.
The plea is the result of plea is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Josh Barrett.
Sentencing is scheduled for December 12, 2019, before Judge Vilardo.
Grand Island Man Indicted by A Grand Jury for Robbing Two BanksRead 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 six-count indictment charging Timothy L. Mulvey, 32, of Grand Island, NY, with aggravated bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated according to the indictment, on June 27, 2018, the defendant robbed the Northwest Savings Bank on Grand Island Boulevard, on Grand Island. During the robbery, Mulvey displayed a weapon when demanding money from a bank teller.
Subsequently, on July 11, 2018, the defendant robbed the M&T Bank on Military Road in Niagara Falls, NY. Once again, Mulvey displayed a weapon during the robbery.
“I commend the Erie County Sheriff’s Office and the Niagara Falls Police Department for the tremendous work they did in investigating these bank robberies,” stated U.S. Attorney Kennedy. “Working with the FBI, our dedicated and professional partners in local law enforcement worked diligently for over a year to conduct a thorough and exhaustive investigation which culminated in the charges contained in this indictment. The citizen of both Erie and Niagara County are well served by the many dedicated men and women of state, county, and local law enforcement who truly stand on the front line of our defense against violent criminals.”
The defendant was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and was detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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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Father and Son Plead Guilty to Charges Related to Cocaine DistributionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Torres Perez, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute one kilogram or more of heroin. The charge carries a minimum penalty of 15 years in prison, a maximum of life, and a $2,000,000 fine. In addition, the defendant’s son, Carlos Yamiel Torres, 20, also of Rochester, pleaded guilty to misprision of a felony which carries a maximum penalty of three years and a fine of $250,000.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on February 7, 2018, the defendants picked up approximately two kilograms of heroin from a location in Rochester for the purpose of transporting the heroin to the Albany, NY area for distribution to another individual for approximately $97,500 in cash. On that date, law enforcement officers conducted a traffic stop of a car traveling eastbound on Interstate 490 in the vicinity of Victor, NY. Carlos Yamiel Torres was the driver and Carlos Torres Perez was in the front passenger seat. During a subsequent search, officers recovered approximately two kilograms of heroin from a bag in the backseat of the car.
The pleas are 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 New York State Police, under the direction of Major Eric Laughton.
Carlos Torres Perez’s sentencing is scheduled for October 10, 2019, at 8:30 a.m. before Judge Siragusa. Carlos Yamiel Torres is scheduled to be sentenced before Judge Siragusa on October 21, 2019, also at 8:30 a.m.
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Buffalo Woman Indicted for Lying to A Grand Jury About A 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 a federal grand jury has returned a two-count indictment charging Shanna Smith, 25, of Buffalo, NY, with false declarations before grand jury and obstruction of justice. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Misha A. Coulson and Seth T. Molisani, who are handling the case, stated that according to the indictment, Xavier Wimes, a/ k/ a Zave, was shot and killed the morning of January 1, 2017, in the Towne Garden Apartments in Buffalo. As Buffalo Police investigated the homicide, the FBI and other law enforcement agencies included the Wimes homicide investigation as part of a larger investigation into violations of federal law involving, among other things, drug trafficking, racketeering, and violent crimes committed in furtherance of such activities.
On July 11, 2018, the defendant was interviewed by a Buffalo Police detective and an FBI special agent. During that interview, Smith stated she was at a party in the Towne Garden Apartments the morning of January l, 2017, attended by Wimes and that she was present during an altercation between Wimes and Dalvon Curry that preceded Wimes's murder. However, on July 31, 2018, the defendant, while under oath and testifying in a proceeding before a Federal Grand Jury, falsely stated: that she observed 20 individuals chasing Wimes outside of the Towne Gardens Apartment building just before Wimes was killed; that she observed her cousin Dalvon Curry retrieve a firearm from the grass shortly after the murder and throw it into the bushes; that she helped Dalvon Curry to a parking lot near the murder scene; and that she accompanied Dalvon Curry to the hospital to seek medical treatment following Wimes's homicide.
The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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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Lackawanna Man Going to Prison for Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Grant Easley, 33, of Lackawanna, NY, who was convicted of possessing with intent to distribute and distributing crack cocaine, was sentenced to serve 40 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that the Hamburg and Lackawanna Police Departments, and the Drug Enforcement Administration began investigating the narcotics trafficking activities of the defendant in July 2018. During the course of the investigation, officers conducted a total of five controlled purchases of cocaine and/or crack cocaine from Easley between July 13 and August 21, 2018.
The sentencing is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel; the Hamburg Police Department, under the direction of Chief Gregory Wickett; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Registered Sex Offender Pleads Guilty to Entice of A Minor OnlineRead 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 Carlos Francisco Lopez, 30, of Los Angeles, CA, pleaded guilty before U.S. District Judge Richard J. Arcara to enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity. The charges carry a mandatory minimum penalty of 10 years and a maximum of life in prison.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.
Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.
On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, "hey u there... this bus ride sucks." The UC stated she was due into California around 10:00 pm on January 19, 2018 and asked what to do upon arrival. The defendant replied, "call me or text me. Wait at the station, and ill send an uber." Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.
In 2011 and 2012, Lopez was convicted of sexual offenses against minor children in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee.
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 Cheektowaga Police Department, under the direction of Chief David Zack; and the City of Tonawanda Police Department, under the direction of Chief William Strassburg.
Sentencing is scheduled for November 7, 2019, at 1:00 p.m. before Judge Arcara.
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Investigation Leads to Two Arrests on the Seneca Allegany Indian ReservationRead 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 as part of an enforcement operation focused on and around the Seneca Allegany Indian Reservation, two defendants have been charged with narcotics conspiracy in two separate cases.
In the first case, Brandon Blackshear, 35, of Olean, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, crack cocaine and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. The defendant made initial appearance before U.S. Magistrate Judge H. Kenneth Schroder and is being held pending a detention hearing on July 19, 2019.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, on January 2, 2019, members of the Southern Tier Regional Drug Task Force made a controlled purchase of crack cocaine from the defendant and a co-conspirator. On January 22, 2019, the task force made a second controlled purchase of crack cocaine as well as heroin from Blackshear and a co-conspirator.
In the second case, Christopher T. Dupont, 32, of Salamanca, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, butyryl fentanyl. That charge also carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
AUSA Violanti stated that according to the complaint against Dupont, since July of 2018, the Southern Tier Regional Drug Task Force has been conducting an investigation into the distribution of heroin in and around Salamanca, NY. That investigation identified the defendant as a distributor of heroin in and around Salamanca. During the course of the investigation, investigators conducted controlled purchases of butyryl fentanyl from Dupont on July 11 and August 29, 2018.
On August 30, 2018, investigators executed a state search warrant at the defendant’s Elm Street residence. During execution of the search warrant, officers observed several items dropped out of a window of the residence, including several small clear baggies with a powdery substance (suspected butyryl fentanyl) and several pills, an empty cigarette pack, and a small scale. Dupont was subsequently arrested on state charges.
Dupont also made an initial appearance before Judge Schroeder. A detention hearing is scheduled for July 16, 2019.
“This Office takes seriously our federal trust responsibility and obligation to pursue justice in Indian Country and to work diligently to increase public safety and the quality of lives in tribal communities,” stated U.S. Attorney Kennedy. “These arrests make clear our commitment to work in order to improve the quality of life for all native residents in those communities.”
The complaints are the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Salamanca Police Department, under the direction of Chief Troy Westfall.
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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Limestone Man Going to Prison for More Than 18 Years for Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Kevin James Fox, 63, of Limestone, NY, who was convicted of receipt of child pornography, was sentenced to serve 220 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that in May 2016, the defendant persuaded an adult female, identified as T.M., to find a minor male and engage in sexual activity with him for the purpose of producing a visual depiction. T.M. met a 16-year-old male (Victim 1) through Craigslist and began communicating with Victim 1 via text messaging that was sexual in nature. On June 1, 2016, T.M. picked up Victim 1 and drove to her residence, where she engaged in sexual activity with Victim 1. T.M. used her cellular telephone to take approximately five photographs. T.M. then drove Victim 1 home and texted the images to a telephone number controlled by Fox.
The defendant also persuaded T.M. to engage in sexual activity with a 17-year-old minor male (Victim 2) who was known to T.M. Between May 26 and June 21, 2016, T.M. engaged in sexual activity with Victim 2, at Fox’s request. T.M. also took photographs once again and sent the images to the defendant.
The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, Buffalo Office, under the direction of Gary Loeffert, Special Agent-in-Charge along with the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.
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Woman from the United Kingdom Arrested, Charged with Illegal Re-entry After DeportationRead 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 Ebony Danielle Phillips, 38, of the United Kingdom, was arrested and charged by criminal complaint with illegal reentry after deportation following conviction of an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on July 3, 2019, at approximately 3:20 p.m., the defendant attempted to enter the United States at the Rainbow Bridge Port of Entry. Phillips was driving a vehicle bearing an Ontario registration but she presented a State of North Carolina driver's license, and stated that she was a citizen of the United States. The defendant was referred for secondary inspection. A subsequent records check determined that her birth place was the United Kingdom.
When asked if she had ever been arrested, Phillips replied “no.” A fingerprint check determined that she was convicted of Conspiracy to Commit Healthcare Fraud in the State of North Carolina in March 2017 and sentenced to nine months in prison. Upon her release from Bureau of Prisons custody, the defendant was arrested by Immigration and Customs Enforcement officers in January 2018, deported in August 2018, and permanently barred form re-entering the United States.
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and detained.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations, Rose Brophy.
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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Felon Pleads Guilty to Possessing AmmunitionRead 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 Daniel Owens, 27, of Rochester, NY, pleaded guilty today before U.S. District Judge Charles J. Siragusa to possession of ammunition by a convicted felon. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on January 23, 2019, Greece Police Officers were called to 254 Estall Road for a report of people building bombs at that address. After knocking on the door and being let into the house, officers found several rounds of 12 gauge shotgun ammunition. Officers also found a device which appeared to be a pipe bomb, a glass bottle containing isopropyl alcohol, which officers believed was a Molotov cocktail device, and a glass jar containing metal screws and nails. During conversations with officers, the defendant admitted to building the pipe bomb and packing it with the screws and nails.
In 2018, Owens was convicted in Monroe County Court of Criminal Possession of a Firearm, and is legally prohibited from possessing ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The plea is the result of an investigation by the Greece Police Department, under the direction of Chief Patrick Phelan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for October 15, 2019, at 8:30 a.m. before Judge Siragusa.
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East Amherst Man Sentenced to 15 Years in Prison for His Role in Multi-Million Dollar Illegal 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 Darryl Williams, 47, of East Amherst, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 180 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 2013 and September 2015, the defendant conspired with others to sell fentanyl and cocaine. Williams formed a relationship with co-defendant Jose Ruben Gil and agreed to distribute large amounts of drugs for Gil in Western New York and other cities. Gil, who was based out of California, requested that the defendant and co-defendant Troy Gillon meet with him in California on at least two occasions to arrange for the set-up and delivery of illegal narcotics to Buffalo and other cities. The defendant began receiving large shipments of cocaine via surface shipment on tractor-trailers, the proceeds of which were sent back to Gil via surface transportation.
On June 23, 2013, California Highway Patrol stopped a tractor-trailer in Barstow, California which resulted in the seizure of approximately $420,000 in United States Currency. The cash seized from this tractor¬ trailer constituted proceeds from the sale of heroin and cocaine, which the defendant was sending to Gil to pay for those illegal drugs.
Gil was arrested in California on January 13, 2014. Thereafter, Gil's associate, Herman Aguirre, continued the cross-continent drug trafficking operation with the defendant while Gil was in prison. After Gil's arrest, and at Herman Aguirre's direction, the defendant took the money from the proceeds of the drugs sales in Buffalo and other East Coast cities, brought it to Bank of America locations in Western New York, and deposited it into accounts held by three California-based corporations, including Triton Foods, Kamara Investments, and Fresh Choice Produce. Subsequent to those deposits, the principals of those three corporations engaged in further financial transactions for the purpose of withdrawing or otherwise debiting the funds from the bank accounts to give to Gil and/or Herman Aguirre to pay for the heroin, cocaine and fentanyl. The transactions were designed to avoid a transaction reporting requirement under Federal law and while knowing that the property involved in the financial transactions represented the proceeds of unlawful activity, to wit, the unlawful sale of illegal narcotics.
In mid-July 2013, Herman Aguirre gave Williams his night deposit lock box key for the Bank of America branch located on Dick Road in Depew, NY. During the period from July 2013 to September 2014, the defendant engaged in numerous financial transaction whereby he deposited cash into the Dick Road branch lock box for the benefit of Triton Foods.Because the quantities of drugs shipped were so large, and the proceeds so great, Williams invited others into the drug trafficking organization. The defendant introduced co-defendants Maulana Lucas and Troy Gillon to co-defendant Herman Aguirre, who was shipping the drugs from California. Lucas and Gillon then assisted with distributing the drugs, collecting proceeds from the same, and depositing proceeds from the same into banks located in Western New York. In the Western District of New York alone, Williams personally deposited a total of approximately $19,000,000 in cash into accounts.
Between July 15, 2014, and March 18, 2015, the defendant received 29 pallets of shipments of controlled substances from Herman Aguirre. Each pallet contained a combination of approximately 30-50 kilograms of cocaine, heroin, and fentanyl.
Williams also directed Shirley Grigsby to accept packages of drugs at her places of employment, as well as the apartment in which she was living in. On March 23, 2015, Buffalo Police seized 22 kilograms of cocaine, two kilograms of heroin, and eight kilograms of fentanyl at Shirley Grigsby's apartment.
In addition, the defendant had an apartment on Niemel Drive in Niagara Falls, NY where he stored kilogram quantities of drugs that were shipped from California.On July 31, 2015, federal agents executed a search warrant on another home registered to the defendant, on Boca Place in East Amherst, NY. $43,940.00 in U.S. currency was seized from the premises, along with drug packaging material, bank deposit slips, and a key to a safety deposit box, which was subsequently opened and contained $31,000.00 in U.S. currency.
Williams was arrested in August 2016 along with 16 other defendants. All defendants have been convicted.
“Large scale transnational drug trafficking organizations such as this one serve as a pipeline to ensure the delivery of misery to our community,” noted U.S. Attorney Kennedy. “By completely dismantling them through highly successful and comprehensive prosecutions such as this, we help to remove not only drugs but the despair and harm they bring to the lives of those who both consume them and distribute them.”
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, 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. Larson, Special Agent-in-Charge, New York Field Office.
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Buffalo Woman Pleads Guilty for Her Role in Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sucley Romero, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between July and September 29, 2017, the defendant conspired with others to sell cocaine.
In July 2017, Romero agreed with co-defendant Daniel Navarro to receive a package of cocaine, shipped from Puerto Rico, at her Tower Street residence in exchange for payment. The defendant knew that the package contained cocaine and belonged to Cesar Rivera-Figueroa, who was the leader of a drug trafficking organization managed, at the time, by Daniel Navarro. Romero also knew that the cocaine would be distributed in the Buffalo area.
On July 26, 2017, a United States Postal Service parcel addressed to the defendant was intercepted by the United States Postal Inspection Service. A few days later, a search warrant was executed on the package. Concealed within a toy “cash box” was a kilogram-sized brick of suspected cocaine.
Romero is one of 12 defendants charged in this case and the fifth to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for November 22, 2019, before Judge Vilardo.
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Buffalo Business Owner Sentenced for Tax Fraud and Harboring an Illegal AlienRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Todd Cameron, 47, of Buffalo, NY, who was convicted of filing a false tax return and transporting and harboring an illegal alien, was sentenced to serve 51 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution in the amount of $508,340 to the IRS.
Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between June 2012 and December 2015, Cameron operated the Buffalo Remodeling & Construction Co. of W.N.Y. and Buffalo Roofing Co. For the tax years 2013-2015, the defendant failed accurately to report income generated from his businesses to the Internal Revenue Service.
In addition, between July 2015 and December 2015, Cameron transported and harbored six illegal aliens for the purpose of commercial advantage and private financial gain. The defendant paid for the illegal aliens to be transported from the State of Maryland here to the Western District of New York to work for his roofing business. Cameron then paid to house the illegal aliens, first at a local hotel, and then at a house owned by a business of the defendant.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent- in-Charge, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Rochester Man Who Recruited Minor to Work as Prostitute Going to Prison for over 15 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Williams, 52, of Rochester, NY, who was convicted of sex trafficking of a minor, was sentenced to serve 188 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Melissa M. Marangola and Tiffany H. Lee, who handled the case, stated that between January and February 2012, the defendant enticed a minor victim (Victim 1), to engage in a commercial sex act. Williams recruited and enticed Victim 1 to live with him and to earn money working as a prostitute. Advertisements for Victim 1 were posted on Backpage.com. The investigation began when a family member saw an ad for Victim 1 online.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Monroe County District Attorney's Office, under the direction of District Attorney Sandra Doorley.
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Rochester Man Sentenced for Hacking Online Accounts of WomenRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Justin Potts, 37, of Rochester, NY, who was convicted of transfer of a means of identification, was sentenced to three years’ probation by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between March 2015 and December 2016, the defendant gained unauthorized access to various women’s digital accounts, all of which were password protected. During this time period, Potts used his technical knowledge and password breaking software to harvest the usernames and passwords of more than 100 women’s online accounts including Facebook accounts, iCloud accounts, Gmail accounts, Yahoo accounts and Hotmail accounts. The defendant entered these accounts without permission of the owners and used this access to obtain their personal information and personal photographs. Potts saved the personal information of the various women on his electronic devices.
Investigators believe 150 victims were targeted as a result of the computer intrusion scheme orchestrated by Potts.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Rochester Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Harold A. Rodriguez, 44, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possessing with intent to distribute and distributing 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 in 2017, law enforcement officers were alerted to the drug trafficking activities of the defendant. On January 25, 2018, Rodriguez sold approximately 64 grams of cocaine to an individual working with the Bureau of Alcohol, Tobacco, Firearms and Explosives in exchange for $2,700 in cash. In addition, Rodriguez sold a total of 63 grams of cocaine to the individual on two separate occasions between February 8 and March 15, 2018.
On April 20, 2019, the defendant was pulled over by a New York State Police Trooper on Route 490 in Rochester and arrested for Unlicensed Operation of a Motor Vehicle. During a search of the vehicle, the trooper found a Glock pistol and ammunition.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, and the New York State Police, under the direction of Major Eric Laughton.
Sentencing is scheduled for October 21, 2019, at 11:00 a.m. before Judge Geraci.
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Rochester Man Going to Prison on Drug and Gun Charges for 8 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Madera, 29, of Rochester, NY, who was convicted of possession with intent to distribute cocaine and heroin, and being a felon in possession of firearms and ammunition, was sentenced to serve 96 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant was arrested on May 30, 2018, after police executed a search warrant at his Grape Street residence in Rochester. During the search, officers recovered approximately three grams of cocaine, three grams of heroin, $2,315 in cash, three handguns, a shotgun, and over 200 rounds of various ammunition. One of the handguns had a defaced serial number.
Previously, in 2016, Madera was convicted of Criminal Possession of a Controlled Substance in the Third Degree in Monroe County, and as a result of that conviction, he was legally prohibited from possessing a firearm.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 sentencing is the result of an investigation by Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Buffalo Man Pleads Guilty for His Role in Heroin and Fentanyl 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 Reese Moore, 26, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to distribute 40 grams or more of fentanyl. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant conspired with others to distribute heroin and fentanyl for over two years in the City of Buffalo and surrounding areas. Many of the sales occurred on residential streets in Buffalo, in parking lots of businesses in Amherst and Lancaster, and several times at a local mall. The conspiracy is responsible for distributing thousands of doses of opiates and causing multiple overdoses.
Specifically, Moore communicated and coordinated with a co-defendant and used cellular telephones to coordinate sales of heroin and fentanyl to users and people who resold the drugs. The defendant sold fentanyl to an individual working with investigators on three separate occasions during March of 2016.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Mary Clark, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Interim Police Chief Steve Preisch; the Depew Police Department, under the direction of Chief Jerome Miller; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
Sentencing is scheduled for November 15, 2019, at 1:00 p.m. before Judge Vilardo.
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Recently Retired School Psychologist Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Michael Calaiacovo, 61, of Hamburg, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, in June 2019, Homeland Security Investigations in Buffalo (HSI) received a report from the National Center For Missing and Exploited Children (NCMEC) via the New York State Police regarding images of child pornography which were subsequently traced to the defendant.
Also in June 2019, HSI Buffalo received five additional reports from NCMEC via the New York State Police. Once again the reports involved images of child pornography and were traced to Calaiacovo.
The images in all six reports included naked underage and pre-pubescent children, some involved in sexual activity.On June 27, 2019, a search warrant was executed at the defendant’s residence and several electronic devices were seized, including two laptop computers, cell phones, SD memory cards, CD’s and DVD’s, and video tapes. A preliminary examination has identified at least 400 images constituting child pornography.
The defendant recently retired from his position as a school psychologist with the West Seneca School District.
“This is the third time in as many months that an individual in a position of trust involving children has been arrested on child pornography charges,” stated U.S. Attorney Kennedy. “It is our duty zealously to protect the most vulnerable among us, and these cases should serve as a warning to anyone who may engage in similar criminal behavior, we will find you, arrest you, and we will prosecute you.”
“This case is particularly disturbing because the defendant has long occupied an important role in our community,” said HSI Buffalo Special Agent-in-Charge Kevin Kelly. “As special agents, our work now will hopefully begin the road to justice and healing for anyone who has been impacted by this alleged activity.”
Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office Child Exploitation Tip Line at 716-464-6070 or email [email protected]. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint 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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Niagara Falls Man Sentenced for Involvement in Multi-Million Dollar Heroin, Cocaine, and Fentanyl 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 Maulana Lucas, 45, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, five kilograms or more of cocaine, and 400 grams or more of fentanyl, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between January 2013 and September 2015, the defendant and his girlfriend formed a relationship with co-defendant Darryl Williams to assist Williams with receiving drug shipments from California, distributing the drugs, and collecting proceeds the Western District of New York and elsewhere. In the Western District of New York alone, the defendant assisted in collecting a total of approximately $19,000,000 in cash in drug proceeds.
In May 2014, as part of the conspiracy, Lucas was directed by co-defendant Williams to meet with another co-defendant, Sonia Hernandez, to receive kilograms of cocaine.From July 15, 2014, through March 18, 2015, Lucas received 29 pallets of shipments of illegal drugs from Herman Aguirre. Each pallet contained a mixture of approximately 30-50 kilograms of cocaine, heroin, and fentanyl. The drugs were then distributed in the Western District of New York and in other cities and states. The defendant assisted in breaking down pallets of drugs and in collecting drug proceeds from surrounding states. The drugs were shipped in crates or pallets, disguised as microwaves or furniture. The drugs were unloaded at a local warehouse. Lucas also directed his girlfriend to store kilograms of drugs in the bedroom of her apartment in the Western District of New York.
On March 23, 2015, Buffalo Police seized 22 kilograms of cocaine, two kilograms of heroin, and eight kilograms of fentanyl at the defendant’s girlfriend’s apartment.Lucas was arrested in August 2016 along with 16 other defendants. All defendants have been convicted.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; 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. Larson, New York Field Division.
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Final Defendant in Drug Gang That Operated in A Local Housing Project Pleads GuiltyRead 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 Tarrell Hendrix, 35, of Lackawanna, NY, pleaded guilty before Senior U.S. District Judge William M. Skrenty to possession with intent to distribute, and distribution of, crack cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Jeremiah Lenihan and Laura A. Higgins, who are handling the case, stated that the defendant was arrested in December 2014 along with 19 others and charged with engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority. Hendrix sold a quantity of crack cocaine to an individual working with investigators on two separate occasions in August 2014.
During the course of the drug trafficking operation, Hendrix and his co-defendants conducted open air drug sales in and around the public housing project including hand to hand transactions. This was done in close proximity to playgrounds and recreational areas where children living in the housing project would play.
Hendrix is the final defendant to be convicted in this case.
The indictments are the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Federal Bureau of Investigation’s Safe Street’s Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the U.S. Marshal Service, under the direction of Marshal Charles Salina, and the Tonawanda Police Department, under the direction of Chief Jerome Uschold.
Sentencing is scheduled for October 2, 2019, at 11:00 a.m. before Judge Skretny.
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Connecticut Man Charged with Possessing Fentanyl at Bath NY Veterans Affairs FacilityRead 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, was arrested and charged by criminal complaint with possession of fentanyl. The charge carries a maximum penalty of one year in prison, and a fine of up to $100,000.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that the criminal complaint alleges that in March 2019, the defendant was a resident at the Bath, NY Veterans Affairs Medical Center. On March 2, 2019, Rogers returned to the facility after a trip home to Connecticut, when VA Police received information that the defendant was in possession of a prohibited item. VA Police responded and after speaking with Rogers, officers removed approximately 20 small baggies from his pocket that were rubber-banded together. Also recovered were four knives with blades over three inches long, an unspent round of ammunition, three used hypodermic needles, and a bag of unused needles.
Subsequent laboratory testing performed by the Drug Enforcement Administration confirmed that the substance contained in the 20 seized baggies was fentanyl.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and further proceedings are scheduled on August 26, 2019, at 9:00 am.
The criminal complaint is the result of an investigation by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office, 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Going to Prison for 15 Years for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Scott Wilbert, 43, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to serve 180 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that the FBI Child Exploitation Task Force identified Wilbert sending child pornography from his computer web camera to another user of an online chat site. As a result, the New York State Police began to investigate the defendant, who was identified as a registered sex offender from a prior conviction for sexual abuse of a child.
In February 2016, officers executed a search warrant at Wilbert’s residence on Garson Avenue in Rochester and seized a laptop computer and SD cards containing thousands of images and videos of child pornography. A forensic examination of the computer and SD cards recovered sexually explicit photographs of prepubescent children, some as young as toddlers.
The sentencing is the culmination of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in- Charge Gary Loeffert.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Ringleader Who Headed Cocaine Conspiracy Between Puerto Rico and Buffalo Pleads GuiltyRead 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 Cesar Rivera-Figueroa, aka Fat Boy, 28, of San Juan, Puerto Rico, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to engaging in a continuing criminal enterprise. The charge carries mandatory minimum penalty of 20 years in prison, a maximum of life and a $2,000,000 fine.
Assistant U.S. Attorneys Laura Higgins and Wei Xiang, who are handling the case, stated that the defendant was the leader of a drug trafficking organization who coordinated the transport of cocaine from multiple suppliers in Puerto Rico to the Buffalo area. Rivera-Figueroa then directed the distribution of cocaine, which included setting the price of cocaine, directing the collection of debt and the storage of proceeds, and instructing how payment was remitted back to Puerto Rico. The defendant also directed co-defendants to make trips to New York City to retrieve quantities of cocaine to bring back to Buffalo for distribution, and to make payment for the cocaine.
Throughout the course of the conspiracy, several packages containing kilogram-quantities of cocaine were sent from Puerto Rico and were intercepted by the United States Postal Inspection Service.
Cesar Rivera-Figueroa was arrested in September 2017 along with 11 others including: Jenhsen Rodriguez; Daniel Navarro; Virgen Perez-Jurado; Josue Cardona-Soto; Devincio K.D. James; Omar Vazquez-Baez; Luis Andino; Joseph Jones; Quinton Jones; Sucley Romero; and Tori Rockmore. Rivera-Figueroa is the fourth defendant to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in Charge John B. Devito, New York Field Division; the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major Edward Kennedy; and the Erie County Sheriff’s office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for November 8, 2019, before Judge Vilardo.
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Greece Man Sentenced for Lying to the FBIRead 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 Thomas Alonzo Bolin, a/k/a Peter Vincent, 22, of Greece, NY, who was convicted of making a false statement to the FBI, was sentenced to serve time served (three months) and three years supervised release by U.S. District Judge David G. Larimer. As a condition of supervised release, the judge ordered the defendant to submit to monitoring of his computer usage and online activities. Bolin also forfeited a Mossberg 12-gauge shotgun seized during the investigation along with 39 rounds of ammunition.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the FBI began investigating the defendant and others in March 2019 for potential violations of federal civil rights and firearms laws. On March 15, 2019, a Facebook user named “Ragnar Odinson” – who was a member of a Facebook group called “Odin’s Warriors” – made statements on Facebook referencing the mosque attacks that occurred in Christchurch, New Zealand, and indicated that he was willing to “do something” the following week. The defendant was a member of and administrator for the “Odin’s Warriors” Facebook group. The defendant used Facebook – under the user name “Peter Vincent” – to post messages consistent with white supremacist ideology, statements threatening violence against Muslims and others, and messages containing derogatory terms for Muslims and other minority groups.
On March 30, 2019, members of the FBI, as part of their investigation, interviewed the defendant. During the interview, Bolin falsely stated that he did not possess any firearms in New York State. At the time of the statement, the defendant knew that he possessed a Mossberg 12-gauge shotgun in his bedroom closet at 34 Third Avenue in Greece. This false statement was material to the FBI’s investigation of possible civil rights and firearms violations by Bolin and others. The FBI recovered the shotgun during a subsequent search of the defendant’s bedroom closet.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Gates Man Who Attempted to Lure A Teenager for Sex Going to Prison for 10 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dillon T. Boyington, 35, of Gates, NY, who was convicted of attempted online enticement of a minor, was sentenced to serve 120 months in prison and 10 years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that the defendant utilized a social media application in an attempt to meet a 14 year-old child for sex. As he traveled to meet such child on October 24, 2018, Boyington was intercepted by members of the New York State Police. Upon his arrest, the defendant was found to be in possession of condoms and candy, which he intended to give to the child.The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Gates Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Blackwell, 35, of Gates, NY, who was convicted of possession of child pornography, was sentenced to serve 48 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Blackwell was discovered actively trading child pornography from an apartment in Gates during an operation conducted by the FBI. Special Agents executed a search warrant at a residence that the defendant occupied during the period in question and seized digital items belonging to Blackwell. A forensic examination determined that the items contained multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert.
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Former Clymer School Teacher Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Aikens, 60, of Clymer, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, lifetime supervised release, and a $250,000 fine.
Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that in late June 2018, Homeland Security Investigations in Buffalo received information that a user, identified as "EJD," was active on the Thai based child pornography open website "Boyxzeed2.net.” Investigators traced the email address utilized by “EJD” to Scott Aikens.
On September 14, 2018, Homeland Security Investigations and the New York State Police executed a search warrant at the defendant’s residence on Route 474 in Clymer and interviewed Aikens, who admitted that he viewed child pornography and that child pornography would be found on his laptop computer. Investigators seized the laptop and other electronic devices, which were found to contain a total of 683 videos and 22 images of child pornography.
Some of the child pornography possessed by the defendant depicted prepubescent minors or minors less than 12 years of age, and some of the child pornography possessed by the defendant contained sadistic or masochistic conduct or other depictions of violence.
At the time of his arrest, the Aikens was a 7-12 grade school teacher with the Clymer Central School District.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for October 24, 2019, at 10:30 a.m. before Judge Wolford.
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Federal Jury Finds Buffalo Man Guilty of 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 jury has convicted Darryl M. Greene, 48, of Buffalo, NY, of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine and two counts of attempt to possess with intent to distribute cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorneys Misha Coulson and Wei Xiang, who handled the trial of the case, stated that on July 27, 2017, the United States Postal Inspection Service (USPIS) executed a search warrant on a suspicious package mailed from San Diego, California. The package was addressed to an associate of the defendant. Inside, inspectors discovered one kilogram of suspected cocaine.
On July 28, 2017, USPIS and the Drug Enforcement Administration conducted a controlled delivery of the package. A package of sham cocaine was delivered to the associate’s Kensington Avenue residence. Within five minutes of the package’s delivery, Greene arrived at the residence and departed with the package. He was arrested a short time later and released.
On August 3, 2017, the USPIS executed a search warrant on another suspicious package from San Diego, California, which was addressed to a recipient identified as “W. Greene” at 1631 Hertel Avenue in Buffalo. The defendant resided at the residence with his mother. The second package contained a ½ kilogram of cocaine, and the defendant was once again arrested.
The verdict is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Sentencing is scheduled for November 14, 2019, before U.S. District Judge Lawrence J. Vilardo who presided over the trial of the case.
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Brooklyn Man Pleads Guilty for His Role in Identity Theft ScamRead 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 Jeriel Slay, 29, of Brooklyn, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to commit wire fraud and aggravated identity theft. The charges carry a maximum penalty of 22 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 14, 2016, the defendant devised a sophisticated scheme to fraudulently obtain the personal identifying information (PII) of multiple victims from the internet. Slay then opened Limited Liability Companies (LLCs) that were named in such a way as to indicate ownership by the victim.
For example, the defendant fraudulently obtained Victim 1’s PII, including name, address, birthdate, social security number, and other information, and then opened an LLC named “Victim 1 Remodeling LLC.” Slay then, unbeknownst to Victim 1, placed a mail hold on Victim 1’s actual address which prevented Victim 1 from obtaining mail that indicated an LLC was opened in his name. The defendant then posed as Victim 1 to open a bank account in the name of the fraudulent LLC. Slay then contacted Victim 1’s legitimate financial institution and transferred money, via a wire transfer, from Victim 1’s legitimate account to the fraudulent LLC bank account. Slay, using device-making equipment, then created fraudulent driver’s licenses, fraudulent utility bills, and other identification documents in the name of Victim 1. Using these fraudulent documents, Slay then ordered a co-conspirator to go to the bank that serviced the fraudulent LLC bank account to withdraw and deplete the funds from the fraudulent account.
The defendant executed this scheme against more than 10 victims, one of whom resides in the Western District of New York. The total loss was $978,793.87.
Slay was charged along with his sister Angela Slay, Michael Wright and Sirr Wright. Michael Wright was also convicted of conspiracy to commit wire fraud and aggravated identity theft, and is awaiting sentencing. Charges remain pending against Angela Slay and Sirr Wright. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for October 18, 2019, at 12:30 p.m. before Judge Arcara.
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Citizen of Mexico Pleads Guilty and Is Sentenced for Using False Identification DocumentsRead 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 Eusebio Chavez-Islas, 58, of Mexico, pleaded guilty before Senior U.S. District Judge William M. Skretny to fraud and misuse of visas, permits, and other documents. The defendant was then sentenced to time served and turned over to the custody of Immigration and Customs Enforcement (ICE).
Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that on March 26, 2019, ICE officers received a request for assistance from the Orleans County Sheriff’s Office at 3282 Transit Road in Albion, NY. Once they arrived, ICE officers encountered Chavez-Islas, and determined through record checks that he was a citizen of Mexico, illegally present in the United States.
Subsequent investigation determined that the defendant was working at Nesbitt Brothers, LLC. On April 18, 2019, Homeland Security Investigations (HSI) agents obtained a Form I-9 from Nesbitt Fruit Farms, the owner of Nesbitt Brothers, LLC. The Form I-9 had a photocopy of a fraudulent social security card which was provided by Chavez-Islas for purposes of his employment.
On April 30, 2019, the fraudulent social security card that the defendant used for his employment was seized by agents during the execution of a search warrant at 3282 Transit Road in Albion. The card depicted the name “Eusebio Chavez.” A check of Social Security Administration records revealed that the social security card that Chavez-Islas possessed contained a valid social security number which was not assigned to the defendant.
The plea and sentencing are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Orleans County Sheriff’s Office, under the direction of Sheriff Randy Bower; and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.
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Buffalo Man Arrested for Cashing Counterfeit and Altered Checks at Local Banks and Credit UnionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Nilo Arnaldo Pena Delgado, 32, of Buffalo, NY, with four counts of bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the indictment, on March 19, 2019, the defendant cashed four counterfeit or altered checks at financial institutions in the Western New York area, including:
• a check in the amount of $21,500.05, payable to the defendant, drawn on an ESL Federal Credit Union checking account owned by Victim 1;
• a check in the amount of $2,853.20, payable to the defendant, drawn on a Lake Shore Savings Bank checking account owned by Victim 2;
• a check in the amount of $3,613.83, payable to the defendant, drawn on a Lake Shore Savings Bank checking account owned by Victim 3; and
• a check in the amount of $2,713.81, payable to the defendant, drawn on a KeyBank checking account owned by Victim 4.
Delgado victimized four businesses for a total of $30,680.89.The defendant was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The indictment is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, with assistance from the Genesee County Sheriff’s Office and the Town of Tonawanda Police Department.
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 Using A Controlled Substance While Possessing A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Kaylen Miller, 22, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to being a user of a controlled substance 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 Joseph M. Tripi, who is handling the case, stated that on September 25, 2018, law enforcement officers executed a search warrant at 45 Easton Avenue in Buffalo, which was where the defendant resided with his mother. As investigators and officers prepared to execute the search warrant, officers observed a window open and an object was thrown from the rear upper window as the search team made entry. The object thrown from the window was identified as a loaded .357 caliber revolver. Miller, who is wheel-chair bound, was inside the living room, which was a room that led to the bedroom from which the firearm was thrown out of the window. DNA consistent with the defendant Miller was located on the revolver.
During the execution of the search warrant, investigators also recovered quantity of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales.
Kaylen Miller has a prior arrest for marijuana possession on August 12, 2013, in Amherst, NY. In addition, on December 19, 2018, during a post-arrest interview with investigators, the defendant was asked about the marijuana recovered on September 25, 2018, during the execution of the search warrant at 45 Easton Avenue. Miller admitted that he was and is an unlawful user of marijuana.
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.
Sentencing is scheduled for October 17, 2019, at 12:30 p.m. before Judge Arcara.
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Bath Man Pleads Guilty to 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, 33, of Bath, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to the online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that 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 distributed and possessed images of child pornography from a cell phone in his possession.The plea 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.
Sentencing is scheduled for September 20, 2019, before Judge Geraci.
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Akron Man Charged with Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Joshua A. Schohn, 29, of Akron, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, in March 2019, the FBI received a call from the mother of two girls (complainant) who stated that she recently discovered child pornography on a laptop computer belonging to her exboyfriend, the defendant. In addition, the complainant stated that Schohn took nude videos of her daughters, then eight and six years old (Victim 1 and Victim 2). The defendant was arrested by the New York State Police on charges of assault and possession of a sexual performance by a child.
During the course of the investigation, state and federal investigators determined that Schohn’s laptop contained thousands of images and videos of child pornography. Other videos found on the laptop were sexual in nature and were produced by Schohn during a visit to a water park in Erie, Pennsylvania, in the presence of Victims 1 and 2.
Investigators also learned from the complainant that she discovered YouTube searches relating to getting children ready for baths and nude religious rituals with children. The searches were done by the defendant.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is detained pending a preliminary hearing scheduled for July 3, 2019, at 2:00 p.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, 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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Rochester Man Pleads Guilty to Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Johnson, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Johnson was arrested in June 2018, after he distributed child pornography to an undercover FBI Agent via the Internet. This prompted law enforcement officers to execute a search warrant at the defendant’s residence in Rochester where they seized his computers. Saved on the computers were approximately 52,372 images and 316 videos of child pornography, including videos and images that depicted the sexual abuse of infants and toddlers.
The plea is the result of an investigation by members of the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert; the Rochester Police Department, under the direction of Chief LaRon Singletary; and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
Sentencing is scheduled for October 7, 2019, before Judge Siragusa.
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