Western District of New York
Press releases recorded for this federal judicial district.
North Tonawanda Man, A Former Grand Juror, Admits to Leaking Grand Jury InformationRead 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 Casey Lipps, 26, of North Tonawanda, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to committing contempt of court by impermissibly leaking secret grand jury information. The charge carries a maximum penalty of life in prison.
Assistant U.S. Attorneys Joshua A. Violanti and Brendan T. Cullinane, who are handling the case, stated that in October of 2016, the defendant was chosen to serve as a grand juror on a federal grand jury. However, in violation of an order from the Court to secret any and all matters involving the grand jury, Lipps impermissibly leaked grand jury information to others. In particular, the defendant revealed information to various persons concerning multiple targets of grand jury investigations. In addition, Lipps failed to provide complete information in response to law enforcement’s investigation into his leaking of grand jury information.
The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for October 29, 2019, at 9:30 a.m. before Judge Vilardo.
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Elmira Heroin Dealer Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Tingling, 39, of Elmira, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, and possession of a firearm as a convicted felon. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.
Assistant U.S. Robert A. Marangola, who is handling the case, stated that the charges stem from an investigation into the sale of heroin in the City of Elmira. On March 1, 2019, a search warrant was executed at a residence in Elmira. During the search, law enforcement officers seized $70,593 in U.S. currency, paraphernalia for the processing, packaging, and distribution of narcotics, approximately 318 grams of heroin, and a loaded .22 caliber handgun. Tingling was located and arrested inside the residence with a female.
The conviction was the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police Community Narcotics Enforcement Team, under the direction of Major Mary Clark; the Chemung County Sheriff’s Office, under the direction of Acting Sheriff William A. Schrom; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Office.
Sentencing is scheduled for October 7, 2019, at 10:15 a.m. Judge Siragusa.
# # # #Buffalo Man Sentenced on Drug and Ammunition 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 Tremaine Giddens, 42, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, and being a felon in possession of ammunition, was sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. to serve 71 months in prison.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that in October 2017, the defendant sold a quantity of cocaine to an individual working with the Drug Enforcement Administration (DEA) in a commercial parking lot at 15 Skillen Street in Buffalo.
On November 9, 2017, a federal search warrant was executed at 15 Skillen Street where investigators recovered a quantity of suspected cocaine, plastic bags, baking powder, and 2 digital scales. In addition, 35 rounds of .44 caliber ammunition was recovered.
On August 29, 2006, Giddens was convicted in Federal Court of possession with intent to distribute, and distribution of, a controlled substance. On January 20, 2000, in Erie County Court, the defendant was convicted of Criminal Possession of a Controlled Substance in the Fifth Degree. As a result of those convictions, Giddens is legally prohibited from possessing ammunition.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Local Soccer Trainer Charged with Exchanging Naked Photos with MinorsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shelby Garigen, 41, of Clarence Center, NY, was charged by criminal complaint with receipt of child pornography and access with intent to view child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on May 28, 2019, a parent contacted an Assistant District Attorney (ADA) in Monroe County, NY, and advised that the defendant had inappropriate chats via Snapchat with his 17-year-old son (Victim 1). Garigen had, up until approximately one month prior, served as the athletic trainer for Victim 1’s elite soccer team, and had been associated with the soccer program for approximately the past 12 years. The Monroe County ADA contacted the FBI regarding the case.
The complaint states that Garigen and Victim 1 communicated via Snapchat between November 2018 and February 2019. The conversation turned sexual about a week or two after the defendant and Victim 1 began chatting with Garigen sending Victim 1 a picture of her breasts. After sending the picture, the defendant requested that Victim 1 send a naked picture. Thereafter, the two began exchanging sexually explicit photos of themselves to one another over Snapchat. All told, Garigen requested that Victim 1 send her nude pictures on approximately 8 or 9 occasions, while the defendant herself sent 7 or 8 nude pictures of herself.
During the investigation, an undercover investigator assumed the online identity of Victim 1, and re-engaged with Garigen on Snapchat. Thereafter, the defendant engaged in sexually explicit conversation and sent videos of her engaged in sexually explicit conduct. Eventually, arrangements were made for Garigen to meet with Victim 1 so that the two could engage sexual activity. On June 14, 2019, Garigen arrived at the designated location in order to pick-up Victim 1 so that they could return to her house to engage in sexual activity. At that time, a federal search warrant was executed to seize and search Garigen’s phone.
The investigation also determined that the defendant exchanged nude pictures with a second 17-year-old male (Victim 2), who was also associated with the elite soccer team.
“While this case is somewhat unusual in that the defendant is a woman,” U.S. Attorney Kennedy observed, “it is familiar in the sense that defendant used two of the most frequent and common methods that child predators use in order to gain access to children. The first is the internet, and the second is occupying a position of authority and trust in the child’s life. Parents should be coaching their kids on how to defend themselves from these sorts predators.”
“The exploitation of children is so prevalent in this country-and around the world-that the FBI and our law enforcement partners have full time task forces to attack this crime problem,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “That is a terrible reality. We often remind parents to talk to their children about the dangers of meeting strangers online. But more and more often, we are seeing children victimized by adults who have been placed in positions of trust. And youth-sports programs, like all youth-serving organizations, give adults incredible access to our children.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions, including no employment with any youth related sports program, no contact with minors, restrictions on the use of electronic devices, and electronic monitoring.
Any parent or member of the public who has information related to this case are asked to call the Federal Bureau of Investigation at 716-843-1616.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Darien Center Man Pleads Guilty to Receiving Child Ponography from Young GirlsRead 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 Alexander Seegar, 29, of Darien Center, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that Seegar was sexting 10-12 year old female students at a school in Niagara County, posing as a 16 or 17-year-old boy. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia that he sent them. The defendant was found in possession of numerous photos containing child pornography.
The plea 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 Lewiston Police Department, under the direction of Chief Frank Previte.
Sentencing is scheduled for September 19, 2019, at 10:30 a.m. before Judge Geraci.
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Dansville Man Sentenced for His Role in Meth RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kenneth Hoag, 57, of Dansville, NY, who was convicted of possession with intent to distribute five grams or more of methamphetamine, was sentenced by U.S. District Judge David G. Larimer to serve 12 months in prison. The defendant was also ordered sell the property known as the Bone Yard, in Dansville, NY, which Hoag used and maintained for the purpose of distributing methamphetamine. Proceeds of the sale of the property totaling $108,438.78 was forfeited to the Government.
Assistant U.S. Attorneys Katelyn M. Hartford Grace M. Carducci, who handled the case, stated that on April 7, 2017, the defendant sold methamphetamine to an individual at The Bone Yard, located on State Highway 36 in Dansville. Additionally, on April 21, 2017, Hoag possessed in his tool chest a quantity of methamphetamine.
Hoag is one of seven defendants charged and convicted in this case.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton.
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Rochester Man Arrested, Charged with Sealing and Cashing Checks from Residential MailboxesRead 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 Dennis Morgan, 59, of Rochester, NY, was arrested and charged by criminal complaint with bank fraud and mail theft. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, between July 2018 and the present, multiple complaints of mail theft were reported to law enforcement agencies in the Rochester, NY area, including the United States Postal Inspection Service, and the Rochester, Irondequoit, Gates, Brighton, and East Rochester Police Departments. Many complaints involved personal checks being cashed or attempting to do be cashed, that had been placed into residential mailboxes as outgoing mail to be collected by the U.S. Postal Service. The checks had been altered by changing payees and amounts, and were then presented for payment at banks in the area. Approximately $19,127.00 of stolen and fraudulently altered checks have been identified to date.
Specifically, on January 23, 2019, the Irondequoit Police Department received a complaint from a resident (who recently had a check stolen from his mailbox) who observed a white vehicle suspiciously pulled up by his mailbox. The resident confronted the driver of the vehicle, who replied that he was looking for a “temp agency.” As the driver drove away, the resident noted the driver’s New York State license plate number. Between late February and early March 2019, at least five additional incidents were reported involving the reported theft of mail, each involving a white vehicle.
On April 9, 2019, the Brighton Police Department received a report from a resident who stated that he saw someone take mail from his neighbor's mailbox. The resident noted the license plate and took a picture of the vehicle as it drove away. The license plate was the same plate reported in the January 23, 2019 incident.
Subsequent investigation determined that the vehicle belongs to a woman identified as the girlfriend of Dennis Morgan. Investigators also learned that Morgan was arrested or suspected in at least four other incidents involving stolen mail and forged checks.
On March 14, 2019, the Irondequoit Police Department executed a search warrant the girlfriend’s vehicle, at which time a GPS tracker was deployed on the vehicle.
Between March 20 and March 30, 2019, the Irondequoit Police Department received three complaints from residents who placed envelopes containing checks in their mailboxes for pickup by the United States Postal Service. All three checks were stolen out of the mailboxes. A check of the GPS tracker showed the girlfriend’s vehicle at each of the three residences on the same day the check was placed in the mailbox.
On March 28, 2019, the girlfriend transferred her license plate to a different vehicle. On April 17, 2019 the Irondequoit Police Department executed a search warrant on the new vehicle, and deployed another GPS tracker.
On May 31, 2019, a resident filed a complaint with the Irondequoit Police Department indicating that on May 28, 2019, he placed five envelopes containing checks inside his residential mailbox. The next day, one of the checks was cashed at a local financial institution with both the payee and amount payable altered. A check of the GPS tracker again showed that the girlfriend’s vehicle was in the vicinity of both the residence, and the financial institution, on both May 28 and May 29, 2019.
Between March 14 and June 4, 2019, investigators conducted surveillance of Dennis Morgan. During surveillance, the defendant was observed driving both vehicles registered to his girlfriend. On June 3, 2019, an investigator witnessed Morgan remove mail from a mailbox in Irondequoit, and place it inside of his coat pocket.
“The tremendous work done by our partners in local law enforcement in Irondequoit, Rochester, Brighton, and East Rochester really made this case,” noted U.S. Attorney Kennedy. “I commend each of those local Departments for their outstanding investigative efforts and for the assistance they provided in helping to ensure that the sanctity of the United States mail is preserved.”
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released on conditions, including home detention.
The complaint is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo; the Rochester Police Department, under the direction of Chief LaRon Singletary; the Brighton Police Department, under the direction of Chief Mark T. Henderson; the East Rochester Police Department, under the direction of Chief Steve Clancy; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Kingsmen Motorcycle Club Member Sentenced for RICO ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - James P. Kennedy, Jr. today that announced today that Sean McIndoo, who was convicted of RICO conspiracy, was sentenced to serve 41 months in prison by U.S. District Court Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that the defendant was a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such crimes as distribution of controlled substances, maintaining premises for use and distribution of controlled substances, possession, use and sale of firearms, sales of untaxed cigarettes, and promoting prostitution. The KMC sought to preserve and protect their power, territory, and reputation through intimidation, violence, threats of violence, assaults, attempted murder and murders, and was involved in placing victims, potential victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence. The defendant admitted that he possessed a firearm in furtherance of a drug trafficking crime.
McIndoo also admitted that on August 3, 2013, the defendant and other KMC members conducted a drive-by shooting targeting former KMC Springville Chapter members. On that date, the defendant and the other KMC members, from a van, fired a weapon twice; one bullet struck a vehicle parked near one of the targeted victims.
A total of 20 defendants were charged and convicted in this case, including KMC National President David Pirk and Andre Jenkins, who were each sentenced to serve multiple terms of life in prison.
Today’s sentencing is the culmination of an investigation led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and, the Hamburg Police Department.
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Former Bank of America Employee Sentenced for His Role in Drug Conspiracy Linked to A Mexican CartelRead 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 Presiliano Garcia, 33, who was convicted of misprision of a felony, was sentenced to three years probation by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between 2012 and March, 2016, the defendant, while working as a personal banker at Bank of America, opened approximately 36 bank accounts that were utilized by co-defendants Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Max Riestra, Bryant Hudson, and others, to structure deposits to funnel money from places around the United States, including Buffalo, to accounts based in California. A total of $8,359,223, composed of approximately 1,092 cash-in deposits, mostly structured between $8,000 and $9,990 and made in 15 different states, were funneled into these accounts opened by Garcia.
Approximately 205 suspect customers were identified by Bank of America as potentially linked to the defendant. Many of the suspect customers had similar naming conventions or even the same name with slight variations in spelling, last name orientation, date of birth, social security number, or domicile. Garcia knew that a structuring felony was being committed by these individuals but did not file any suspicious activity reports relating to these transactions or notify federal law enforcement of the structuring activity in order to conceal the activities of the co-defendants.
Garcia is one of seven defendants involved in an illegal narcotics operation stretching from Sinaloa, Mexico to Western New York. Law enforcement officers began investigating a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of Los Angeles, California area in 2014. The organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado.
To date, all seven defendants have been convicted in this case. Six of the seven defendants, including Presiliano Garcia, have been sentenced, with sentences ranging from 216 months to 33 months.
Today’s sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent- in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California, and Bank of America.
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Florida Man Sentenced for Distributing Obscene ImagesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Pachetti, 35, of Eustis, Florida, who was convicted of transportation of obscene material in commerce, was sentenced to four years probation, to include one year home detention, by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in November 2016, the defendant, living in Niagara Falls, NY, distributed obscene images to an undercover FBI agent via a peer to peer network. Investigators executed a search warrant at Pachetti’s apartment and seized various electronics. Subsequent forensic examination revealed thousands of images of child pornography and child erotica.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert.
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Amherst Man Sentenced for Threatening A Local PhysicianRead 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 Gary Drago, 59, of Amherst, NY, who was convicted of witness tampering and failure to file an income tax return, was sentenced by U.S. District Judge Lawrence J. Vilardo to serve 47 months in prison. The defendant was also ordered to pay $129,793 in restitution to the victim and $19,007 restitution to the Internal Revenue Service.
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that on May 19, 2017, the Federal Bureau of Investigation received information from an individual (Victim) regarding threats, theft, and extortionate acts that the defendant made against the Victim and the Victim’s business, a medical practice. The Victim also advised the FBI that he had a meeting with the Amherst Police Department regarding these crimes the very next day. The FBI advised the Victim to meet with the Amherst Police Department. The Victim was going to meet with the Amherst Police and the FBI to tell them about how Drago previously extorted money from the Victim’s business by using threats of physical harm and threats to ruin the Victim’s reputation.
However, an employee of the Victim overheard the conversation with the FBI, and notified the defendant. Drago then arrived at the Victim’s place of business, and told the Victim’s patients that the Victim was done seeing patients that day. Drago then then physically took the Victim from his place of business and placed the Victim in his car. Once in the car, the defendant threatened the Victim with a pistol, and slapped the Victim, telling the Victim that he heard the Victim was talking with law enforcement. Drago continued to ask the Victim who he spoke to from law enforcement, and what the Victim told them. The Victim told the defendant that he spoke to the FBI and was going to meet with the Amherst Police the next day. While continuing to threaten the Victim, the defendant told the Victim to call the FBI and tell them that everything was okay, which the Victim did. Drago then let the Victim go home.
Later that same night, the defendant repeatedly called the Victim and left messages on his voice mail threatening the Victim, and reminding the Victim not to cooperate with the FBI, or go to the meeting with the Amherst Police the next day.
Between 2013 and May 20, 2017, the defendant worked at medical business located in Williamsville, NY. During that time, Drago entered into a contract for employment with the Victim/owner and was paid a salary through the payroll. However, the defendant eventually started taking additional money from the business in the form of cash, without providing any employment service in return. When confronted by the Victim about the money, Drago would threaten force or physical harm. Specifically, the defendant took a total of $129,792 without rendering employment services. When confronted by the Victim, Drago would berate and threaten physical harm or damage to the Victim’s reputation. As a result, the Victim was fearful, and was prevented from stopping the defendant from taking the unearned money.
In addition, during the course of his employment with the Victim, Drago received recordable income. Some of this income was derived from the defendant’s threats to the Victim, and was paid by the Victim to the defendant as extortion money. The defendant received this income through payroll check payments from the victim’s business, as well as cash payments from the Victim. However, Drago failed to file federal income tax returns. For the tax years 2013 through 2016, the defendant received $294,043 in income, resulting in a loss to the Internal Revenue service of $19,007.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Amherst Police Department, under the direction of Chief John Askey; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Office, under the direction of Timothy Howard; and the Erie County District Attorney’s Office, under the direction of John Flynn.
Rochester Man Pleads Guilty to Fentanyl ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Velasquez, 25, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to conspiracy to distribute over 40 grams of fentanyl. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant conspired with others to distribute quantities of heroin throughout the Western District of New York.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the New York State Police, under the direction of Major Eric Laughton; United States Border Patrol, under the direction of Patrol Agent-in-Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Orleans County Sheriff’s Department, under the direction of Sheriff Randy Bower; and the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone.
Sentencing is scheduled for September 5, 2019, at 11:00 p.m. before Judge Larimer.
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Nine Defendants Arrested in Raids on Townsend Street ResidencesRead 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 34 count indictment charging nine defendants with conspiracy to possess with intent to distribute, and distribution of, 28 grams or more of cocaine base and marijuana, and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.
Named in the indictment are:• John Sanders, Jr.;
• Lamario Mills, aka Rio;
• Charles Washington;
• Brandon Washington, aka Goldie;
• Jason Jackson, aka Piff;
• Carl Phillips, Jr., aka Bama;
• Duane Pitts;
• Vernon James; and
• Kacene BrathwaiteSome of the defendants face additional charges of possession with intent to distribute, and distribution of cocaine, crack cocaine, marijuana, and butyryl fentanyl.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joshua A. Violanti, who are handling the case, stated that according to the indictment, between August 2018 and June 2019, the defendants conspired to sell cocaine and marijuana. The defendants used the residences at 67 Townsend and 76 Townsend Street in Buffalo to manufacture, store, and distribute the cocaine and marijuana.Investigators executed search warrants at 57 Townsend Street, 67 Townsend Street, and 76 Townsend Street, and recovered quantities of cocaine and marijuana, and U.S. currency. A search warrant was also executed at Lamario Mills’s residence at the Delaware Park Apartments where a significant quantity of cocaine and marijuana was also recovered.
“These residences on Townsend Street had been the source of frequent citizen complaints,” noted U.S. Attorney Kennedy. “Today’s arrests show that those of us working in law enforcement at every level—federal, state, and local—are sensitive to the concerns of the citizens we serve. We endeavor each day to be responsive to our citizens and remain committed to working together to improve the quality of life across our community.”
The defendants were arraigned this afternoon before U.S Magistrate Jeremiah J. McCarthy and are being held pending detention hearings.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major Edward Kennedy; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; and the Erie County Crime Analysis Center.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Niagara Falls Man Indicted on Multiple Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Tywon Stephenson, 29, of Niagara Falls, NY, with possession with intent to distribute crack cocaine and marijuana; maintaining a drug-involved premises; possession of an unregistered short-barrel shotgun; and possession of firearms in furtherance of drug trafficking crimes. The firearms charge carries a mandatory minimum penalty of 10 years in prison, which would be imposed consecutive to the maximum possible penalty of 20 years the defendant faces on the drug charges.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment, on April 24, 2017, Niagara Falls Police Officers and ATF Special Agents executed a search warrant of the defendant’s residence on 17th Street in Niagara Falls. They recovered a 12 gauge sawed-off shotgun, loaded with six bullets; a 9mm semiautomatic handgun; plastic containers commonly used for packaging of narcotics; a scale; and a bag of suspected marijuana.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and detained.
The indictment is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Kenmore Man and Niagara Falls Woman Sentenced for Their Roles in Debt Collection 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 Carmelo Collana, 49, of Kenmore, NY, and Debbie Seright, 52, of Niagara Falls, NY, who were each convicted of conspiracy to commit wire fraud for their roles in a debt collection scheme, were sentenced by U.S. District Judge Richard J. Arcara to serve 12 months and 24 months in prison respectively.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that between January 2014 and February 2017, Collana and Seright conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa. Specifically, defendant Collana helped facilitate Ciffa’s debt collection scheme, by opening various corporations and bank accounts which were used to process and transfer victim payments brought in by debt collection agencies operating under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services and Elite Services. In addition, Collana maintained an account with TLO, an online commercial database, which was used to gather personal information as to individuals, such as address, employer, and date of birth. The defendant provided employees of the debt collection agencies with access to TLO, in order to assist the employees in contacting and collecting from the individuals to whom they placed calls. Collana also at times provided debt files to employees of the various debt collection agencies.
Seright played a management role within Ciffa’s debt collection scheme, in that she oversaw a group of employees who placed fraudulent telephone calls in an attempt to collect money to individuals throughout the United States. The employees utilized fraudulent tactics, including false threats of arrest, false claims that the callers/collectors were attorneys, and false claims as to criminal charges pending against the “debtors.” The defendant and employees also routinely collected on debts which they knew had already been satisfied, and collected money from "debtors" that were characterized as “easy targets” from whom they had already collected payment. "Debtors" were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments.
Between July 2015 and December 2016, the section of the debt collection operation in which Seright participated collected approximately $1,154,213.
Between February 2015 and December 2016, approximately $788,961 from fraudulent collection activities was deposited into bank accounts opened and used by defendant Collana to funnel fraud proceeds back to Ciffa and his debt collection scheme.
Collana and Seright were charged along with four other codefendants. To date, all six defendants charged, including Joseph Ciffa, have been convicted. Ciffa is awaiting sentencing.
The sentencings are the result of an investigation by Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
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Georgia Woman Arrested, Charged for Her Role in Romance 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 Nicole Dibba, a/k/a Nicole Fountain, 32, of Marietta, Georgia, was arrested and charged by criminal complaint with conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that according to the complaint, in May 2018, Victim 1 began communicating online, via Instagram, with a person purporting to be Richard Edvin. Edvin is an identity used by an unknown member of the conspiracy to engage in romantic and intimate online and telephonic relationships with potential victims. After the initial online contact via Instagram, Edvin communicated with Victim 1 via text messages and phone calls. The relationship eventually became intense with the two communicating on an almost daily basis between May and November 2018. Edvin created a false background story for himself in order to manipulate Victim 1 and to gain Victim 1’s trust. He told Victim 1 that he was located in Oregon but that he was going to be traveling out of the country for approximately two months to bring an oil rig off the coast of China back online.
In a further attempt to gain the trust of Victim 1, while purportedly on the oil rig, Edvin gave Victim 1 online access to a Suisse Bank account and had Victim 1 move money around from this account. Victim 1 did access the bank account and moved money as directed by Edvin. Since the account contained a substantial amount of money, Victim 1 was led to believe that Edvin and Victim 1 shared a relationship of mutual trust.
Edvin explained to Victim 1 that he wanted to meet Victim1 but that he was unable to travel until the oil rig was up and running. Edvin further told Victim 1 that the oil rig had expensive repair issues that required immediate attention. Edvin began asking Victim 1 for money to assist him with purchasing equipment to fix the oil rig. Edvin assured Victim 1 that he would repay Victim 1 upon his return to the United States.
On December 27, 2017, the defendant Nicole Dibba, aka Nicole Fountain, opened a bank account at SunTrust Bank in the name of Stoich Investments, LLC. The defendant was the only authorized signatory on the account. On June 19, 2018, Victim 1, at the direction of Edvin, wire transferred $40,000 from Victim 1’s account at M&T Bank in the state of New York to the bank account controlled by defendant at SunTrust Bank. Between December 27, 2017, and November 30, 2018, more than $723,000 was deposited into the SunTrust Bank account. The investigation has determined that the vast majority of the deposits were from individuals, or entities associated with individuals, who were the victims of a romance fraud scheme or other similar schemes to defraud. The defendant has withdrawn in excess of $232,000 in cash from that account.In addition to the $40,000 wire to Stoich Investments, LLC, Victim 1, again at the direction of Edvin, also conducted six additional wire transfers totaling $176,500 to accounts at Bank of America and Wells Fargo, both located in Georgia, and four accounts at First City Bank, located in Nigeria.
In total, Victim 1 sent seven wire transfers between June 6 and August 29, 2018, totaling $216,500. In addition to the seven wire transfers, between June 6 and November 13, 2018, Edvin persuaded and directed Victim 1 to send funds and goods such as iTunes gift cards, a computer, speakers, headphones, and an Apple watch, all valued at more than $34,000, to members of the conspiracy. The total loss to Victim 1 was more than $250,000.
“This sort of online deception destroys not only victim’s hearts but their wallets,” noted U.S. Attorney Kennedy. “In our increasingly screen-addicted world, I see these sorts of scams proliferating in the future. People need to recognize that in the virtual world things are not always as they appear. A good rule of thumb to begin with might simply be to insist on meeting someone in-person before you agree to give that person your money—or your heart.”
Dibba made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Paul, 65, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to distribution of crack cocaine. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on May 10, 2017, the defendant agreed to sell crack cocaine to an undercover (UC) police officer. The UC telephoned Paul who instructed the UC where to meet for the purpose of buying crack cocaine. Paul met the UC at an address he provided on Weiss Street in Buffalo. The defendant subsequently had the UC follow him to a location on Thatcher Street. Paul entered the Thatcher Street location and returned with crack cocaine. The UC subsequently gave the defendant cash, and the defendant provided the UC with approximately 3.32 grams of crack cocaine.
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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for October 16, 2019, at 12:30 p.m. before Judge Arcara.
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Niagara Falls Man Going to Prison for Selling Cocaine and CrackRead 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 Rico Freeman, 35, of Niagara Falls, NY, who was convicted of conspiracy to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, was sentenced to serve 15 years in prison and 10 years of supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Meghan A. Tokash and Joseph M. Tripi, who handled the case, stated that between May 2016 and June 2017, the defendant conspired with others to operate a high-traffic and extremely profitable cocaine and crack cocaine distribution network in Western New York.
Freeman obtained quantities of cocaine and crack cocaine from a local source of supply during the course of this conspiracy. The defendant would then sell the cocaine and crack cocaine directly to customers, or have other co-defendants conduct sales on his behalf.
On May 24, 2017, federal agents executed a search warrant on Freeman's apartment on Main Street in Niagara Falls and seized drug scales and packaging. Residue collected from the scales tested positive for cocaine.
The defendant was arrested along with co-defendants Ramone Westbrook, Corey Bradberry, and Darius Dix, aka Darius Jenkins, who were all previously convicted.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Jonathan D. Larson, New York Field Office; the Niagara County Drug Task Force and Sheriff’s Department, under the direction of Sheriff James Voutour; the Lockport Police Department, under the direction of Chief Stephen Preisch; the Niagara Falls Police Department, under the direction of Bryan DalPorto; and the Niagara County District Attorney’s Office, under the direction of Caroline A. Wojtaszek.
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Mexican Citizen Pleads Guilty to Drug Conspiracy and Immigration 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 Giovani Ramirez-Soto, 27, a citizen of Mexico, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to possession with intent to distribute, and to distribute, one kilogram or more of heroin. Soto also pled guilty to being a removed alien unlawfully found in United States. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that beginning sometime in 2018 and continuing until July 26, 2018, the defendant conspired with co-defendant Humberto Martinez-Vega to sell heroin.
On July 26, 2018, a New York State Police Trooper conducted a traffic stop of a red Honda Accord, with Alabama license plates, driving on Route 20A in the Town of Warsaw in Wyoming County. The trooper approached the vehicle, which was being driven by Martinez-Vega with Ramirez-Soto as a passenger. Martinez-Vega gave the trooper an expired Georgia identification card, and told the trooper he was looking for work.
Martinez-Vega gave the trooper consent to search the vehicle. A NYSP K9 Trooper was brought to the scene. The K9 alerted to several areas of the vehicle and a subsequent search recovered 1,200 grams of suspected heroin, and approximately 421 grams of suspected methamphetamine hidden behind the front dashboard of the vehicle.
Further investigation determined that the defendants were illegally present in the United States.
Charges remain pending against Humberto Martinez-Vega. 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 New York State Police, under the direction of Major Edward Kennedy, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for September 25, 2019, at 11:00 a.m. before Judge Skretny.
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Seneca Falls 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 Matthew A. Urquhart, 32, of Seneca Falls, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of child pornography. The charge carries a maximum penalty of 20 years in prison, a lifetime term of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that FBI Special Agents identified the defendant actively trading child pornography from a trailer residence in Seneca Falls. Subsequently, agents, with assistance from the Seneca Falls Police Department and Seneca County Sheriff’s Office, searched two residences that Urquhart occupied during the period in question. Digital items belonging to Urquhart were seized. A forensic analysis determined that the defendant possessed multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors.
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 Seneca Falls Police Department, under the direction of Chief Stuart W. Peenstra, and the Seneca County Sheriff’s Office, under the direction of Sheriff W. Timothy Luce.
Sentencing is scheduled for September 18, 2019, before Judge Wolford.
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Federal Jury Convicts California Man of 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 a federal jury has convicted Raul Everado Ledesma Abarca, 36, of San Diego, California of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, possession with intent to distribute five kilograms or more of cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorneys Michael J. Adler and Jeremiah E. Lenihan, who are handling the prosecution of the case, stated that between September 2014 and September 2016, the defendant, along with co-defendant Armando Ernesto Abarca and others, conspired to possess and distribute cocaine. The defendants rented a storage unit in Amherst, NY, to store the cocaine. The unit was rented on the same day that a 104 kilogram shipment of cocaine arrived in Buffalo. A total of 43 kilograms of cocaine were discovered after the unit was purchased at an auction due to delinquent rent payments. The fingerprints of both the defendant and Armando Abarca were discovered on items in the unit.
Prior to the discovery of the cocaine in Amherst, the Abarcas were investigated for cocaine trafficking in Ohio. The Government presented evidence at trial of the seizure of 55 kilograms of cocaine in Dayton, OH, in a vehicle registered to a Buffalo, NY address. Approximately half of the 55 kilograms was intended for the defendant’s distribution operation based out of Columbus, OH.
Armando Ernesto Abarca, 22, of Modesto, California, was previously convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, and sentenced to serve 168 months in prison.
The verdict is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; and the Amherst Police Department, under the direction of Chief John Askey. Additional assistance was provided by ICE-HSI in Los Angeles, California; DEA in Columbus, OH; and DEA in Dayton, OH.
Sentencing is scheduled for October 21, 2019, before U.S. District Judge Elizabeth A. Wolford, who presided over the trial.
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Downstate 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 Michael Wright, 56, of New York, 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 minimum penalty of two years in prison, a maximum of 22 years, and a $500,000 fine.
Assistant U.S. Attorneys Jonathan P. Cantil and Stephanie Lamarque, who are handling the case, stated that December 2016 and September 2018, the defendant conspired with Jeriel Slay, Angela Slay, Sirr Wright, and others to defraud multiple victims. As a part of their scheme, Jeriel and Angela Slay, who are siblings, stole the identities of unsuspecting individuals and created fictitious Limited Liability Companies (LLCs), with company names indicating ownership by the victims. The defendants then opened bank accounts under the names of the LLCs and fraudulently transferred money from a victim’s actual bank account to the LLC bank account.
For example, Jeriel Slay fraudulently obtained Victim 1’s name, address, birthdate, social security number, and other information, and then opened an LLC, and a bank account in the name of the fraudulent LLC. Jeriel Slay then contacted Victim 1’s legitimate financial institution and transferred money from Victim 1’s legitimate account via wire transfer to the fraudulent LLC bank account. Jeriel Slay, using device-making equipment, then created fraudulent driver’s licenses, fraudulent utility bills, and other identification documents in the name of Victim 1. The fraudulent driver’s license had Victim 1’s information but Michael Wright’s, image on the card. Using these fraudulent identification documents, Wright went to the bank that serviced the fraudulent LLC bank account and withdrew the funds from that fraudulent account. Wright executed this scheme against approximately 10 victims, one of whom resides in the Western District of New York. The financial loss totaled $161,100.
Charges remain pending against co-defendants Jeriel Slay, 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, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for October 10, 2019, at 12:30 p.m. before Judge Arcara.
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Armed Drug Trafficker Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Demetrius Jackson, 43, of Rochester, NY, pleaded guilty today before U.S. District Judge Charles J. Siragusa to possession with intent to distribute cocaine, and possession of a firearm and ammunition by a convicted felon. The charges carry a maximum penalty of 20 years in prison, and a fine of $1,000,000.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that Jackson was arrested after police officers served a court-authorized search warrant at his residence on Wadsworth Street in Rochester, and found controlled substances and a loaded firearm.
While searching the location, police officers found a green container with 10 small zip-lock bags of cocaine in a bedroom which Jackson later admitted belonged to him. In the same bedroom, secreted in a crawl space, officers found a Taurus .45 caliber semiautomatic handgun which was loaded with 11 rounds of ammunition. In the living room, officers found a black container with additional quantities of cocaine, heroin and marijuana. A digital scale, typically used to weigh drugs for distribution, was located on a kitchen counter.
Jackson spoke with officers after he was arrested and admitted he was selling cocaine through a window in the residence. He said he had been selling cocaine for several weeks to earn money and acquired the handgun by exchanging cocaine for it.
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 Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for October 1, 2019, at 10:00 a.m. before Judge Siragusa.
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Buffalo Man Sentenced for Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Broadus, 33, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, fentanyl, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on February 11, 2018, an individual working for the Drug Enforcement Administration arranged to purchase five grams of fentanyl from the defendant. The following day, the individual met up with Broadus in the parking lot of a retail store on Jefferson Avenue in Buffalo. The two exchanged $420 for the five grams of fentanyl. In addition, the defendant also sold another five grams of fentanyl to a separate individual working with the DEA on January 29, 2018.
Today’s 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 Office.
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Philadelphia Man Sentenced for Robbing A Pawn Shop Owner at GunpointRead 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 Marquee Hicks, 22, of Philadelphia, PA, who was convicted of possession with intent to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and robbery affecting interstate commerce, was sentenced to serve 140 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on November 5, 2016, Hicks went to the Royal Crown Pawn Shop on Dewey Avenue in Rochester. The defendant entered the store and asked to see some jewelry in a display case. When the owner opened the case, Hicks pointed a handgun at the owner, and robbed the store along with other individuals. During the robbery, the store owner’s mouth and legs were covered and bound with duct tape. After removing property from the store, the defendant and other assailants left.
On March 9, 2017, Hicks was a passenger in a vehicle that was pulled over for a traffic stop by Elmira Police Officers. While an officer was speaking to the driver at the rear of the vehicle, another officer continued to watch Hicks, who was still in the car. That officer witnessed the defendant remove two baggies of cocaine from his pockets and put them on the car floor. The officers then opened the passenger door to arrest Hicks, and a brief struggle ensued. During the struggle, officers removed a loaded .40 caliber handgun from Hicks’ waistband.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Elmira Police Department, under the direction of Chief Joseph Kane.
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Ontario County Woman Indicted on Wire and Bank Fraud 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 a federal grand jury has returned a two-count indictment charging Karen Owens, 54, of Phelps, NY, with wire fraud and bank fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. According to the indictment, during that time period, Owens embezzled over $750,000 in funds from FLC’s bank account by writing approximately 550 unauthorized checks to herself and to pay off her and her husband’s personal credit cards. The defendant, who was responsible for maintaining FLC’s accounting records, would conceal the unauthorized checks by falsely recording them in FLC’s QuickBooks ledger as payments to FLC’s vendors for legitimate business expenses.
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 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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LRGP Member Pleads Guilty to Drug Conspiracy, Admits Murdering Man He Thought Was A Rival Gang MemberRead 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 Matthew Johnson, 28, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribute, 28 grams or more of crack cocaine. The charge carries a maximum penalty of 25 years behind bars and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between late 2014 and May 2015, the defendant, along with several other members and associates of the L.R.G.P. Gang, sold and distributed crack cocaine in the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. Johnson also sold cocaine out of 41 Houghton Street in Buffalo to various drug customers, including an undercover police officer.
As part of his plea, the defendant admitted to killing Terrell Taylor on December 14, 2014, as he was walking in the area of Brinkman Avenue and Rohe Street in Buffalo. Johnson mistakenly believed that Taylor was a member of a rival gang, when in fact he was not.
The plea is the result of an investigation by the Federal Bureau of Investigation Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for September 19, 2019, at 2:00 p.m. before Judge Geraci.
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Buffalo Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leon R. Williams, 39, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute heroin, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorneys Laura A. Higgins, Jeremiah E. Lenihan, and Joshua A. Violanti, who are handling the case, stated that between October 17 and November 22, 2017, the defendant sold heroin on five separate dates to an individual working with investigators.
On November 29, 2017, a New York State search warrant was executed at the Williams’ Texas Street residence in Buffalo. Investigators recovered heroin and cocaine, scales, razor blades, cutting agents, and $73,743 in U.S. currency, which was concealed inside of a vacuum cleaner, a backpack, and within a drop ceiling between two bedrooms. In addition, a Glock, .40 caliber firearm was recovered along with a magazine containing 10 rounds of ammunition loaded within the firearm.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Niagara County Drug Task Force, under the direction of Niagara County Sheriff James Voutour.
Sentencing is scheduled for October 24, 2019, before Judge Wolford.
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Niagara Falls Man Pleads Guilty to Possessing 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 Randy Colucci, 34, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in April 2017, a Homeland Security Investigations Special Agent, working undercover, discovered multiple files containing videos and images of child pornography being shared on a peer to peer website. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files related to one utilized by the defendant, which led to the execution of a search warrant at his residence. Digital media recovered from Colucci in June 2017 contained child pornography, including children under the age of 10, and images of children involved in violent sexual assaults.
The defendant is on New York State parole for a 2011 manslaughter conviction, involving the death of his two-year-old daughter.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 16, 2019, at 1:00 p.m. before Judge Arcara.# # # #
Rochester Man Pleads Guilty to Selling Fentanyl That Led to A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Taylor, 28, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 35 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant was arrested after law enforcement officers executed a search warrant at 70 Texas Street in Rochester. During the search, officers recovered approximately 655 decks of fentanyl, materials consistent with the packaging of narcotics, and a firearm, among other contraband.
On May 3, 2018, Taylor sold fentanyl that led to the overdose death of an individual identified as S.M.
The plea is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Sheriff Todd Baxter, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for September 4, 2019, at 3:00 p.m. before Judge Larimer.
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Rochester Man Pleads Guilty to Heroin ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daiquan Hill, 25, of Rochester, NY, pleaded guilty to conspiracy to distribute heroin, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between January 2018 and June 14, 2018, the defendant conspired to distribute heroin. In furtherance of the conspiracy, Hill distributed quantities of fentanyl to customers and also directed others as to when, where, and how much narcotics to deliver to customers. .
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; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for September 5, 2019, at 10:00 a.m. before Judge Larimer.
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Rochester Man Pleads Guilty to Fentanyl ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Giovanni Deleon, 27, of Rochester, NY, pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl, before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between August 2018 and December 2018, the defendant conspired to distribute fentanyl. In furtherance of the conspiracy, Deleon distributed quantities of fentanyl to customers and assisted in obtaining quantities of fentanyl to be distributed in the Western District of New York.
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; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for September 18, 2019, at 2:00 p.m. before Judge Larimer.
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Olean Man Indicted for Seeking Naked Pictures of Young Girls on Social MediaRead 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 Shane Guay, 28, of Olean, NY, with receipt and production of child pornography, and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.
Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated according to the indictment, in November 2016, the Ayer and Shirley, Massachusetts Police Departments received reports that approximately fifteen 6th grade females attending the Ayer/Shirley Middle School had received unsolicited messages of a sexual nature from a male only known as “George” on the social media application Instagram. According to incident reports obtained from both the Ayer and Shirley Police Departments “George” attempted to solicit sexually explicit images from the minor victims. To some of the minor females, “George” at first alleged to be a lesbian minor female, and sent topless images of a minor female to the victims before sending graphic photos of a male to the minor females. Investigators traced the Instagram account of “George” to the defendant. Subsequently, the New York State Police (NYSP) received all of the case materials from the Ayer/Shirley, Massachusetts investigation.
On April 17, 2018 Homeland Security Investigations (HSI) Buffalo received an investigative lead from the Harris County, Georgia Sheriff's Office, which identified two 12-year-old females from Harris County, GA, who reported receiving unsolicited pictures and videos of a naked adult male from two Instagram users. Both Instagram accounts were traced to Guay.
On June 5, 2018, the NYSP and HSI Buffalo executed a state search warrant at the defendant’s North Street residence in Olean. Investigators seized 26 items of electronic evidence seized, including two cellular telephones, which contained multiple sexually explicit images. In total, 154 image files and five video files containing suspected child pornography were located on the seized devices. The investigation also determined that Guay sent sexual messages a minor female in Cape Town, South Africa.
The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroder.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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NYS Corrections Officer Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Chojnacki, 26, of Cheektowaga, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated according to the indictment, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant, a New York State Corrections Officer.
On May 9, 2019, a federal search warrant was executed at Chojnacki’s Louis Street residence. Investigators seized various computers, electronic devices, and electronic media. After a preliminary review, 8,500 images and 200 videos of suspected child pornography have been identified.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and will be released on home detention.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Roswell Park Nurse Charged with Stealing Pain Meds and Violating HIPAARead 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 Kelsey A. Mulvey, 27, of Grand Island, NY, was charged by criminal complaint with illegally obtaining controlled substances by fraud, tampering, and violation of the Health Insurance Portability and Accountability Act (HIPAA). The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, the defendant, a former nurse at Roswell Park Comprehensive Cancer Center, used her position as a nurse to tamper with and steal vials of medication and pills, such as hydromorphone (Dilaudid), methadone, and oxycodone, all Schedule II controlled substances, and lorazepam, a Schedule IV controlled substance. Mulvey took the vials of medication from the Pyxis machine, an automated medication dispensing system. As a nurse, the defendant had access to the Pyxis system.
Mulvey was placed on administrative leave on June 28, 2018, after a large number of transactions associated with the defendant in the Pyxis system were identified as “cancelled removed,” indicating that the Pyxis machine drawer for the selected medication was accessed but the transactions were cancelled. The complaint states that Roswell Park inferred that Mulvey had removed and replaced controlled substances with water from the Pyxis machines. Many of these transactions took place on floors and/or wings where the defendant was not assigned and did not have patients. Mulvey accessed the Pyxis machines during her scheduled shifts, on days she was not scheduled to work, and on three dates of scheduled vacation. Between February and June 2018, the defendant is accused of failing to properly administer medication for 81 patients.
In June and July 2018, there was a span of waterborne infections at Roswell Park. The complaint states that six patients allegedly became infected as a result of the defendant replacing medications with contaminated water.
The defendant resigned her position in Lieu of Termination on July 13, 2018.
“Once again, this case illustrates the destructive power of opioid addiction,” noted U.S. Attorney Kennedy. “In this case, however, the harm caused by defendant’s actions resulted not only in harm to herself but in harm to some of the most compromised and vulnerable individuals in our community—those members of our community receiving cancer treatments. If we fail to take action to protect the most vulnerable among us, then we fail as a government.”
“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Special Agent-in-Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations, New York Field Office. “As part of the FDA’s comprehensive work to address the opioid epidemic, we will continue to hold medical personnel accountable when they take advantage of their unique position and tamper with drugs needed by their patients, especially when such tampering could cause unnecessary pain and suffering.”
“This is not the first time we have investigated and charged a healthcare professional who suffers from addiction,” said FBI Buffalo Special-Agent-in-Charge Gary Loeffert. “Accessibility to these highly sought-after drugs makes it easier for medical professionals to feed their addiction. Ms. Mulvey's actions not only put her own health at risk, but also the wellbeing of dozens of patients.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of Special Agent in Charge Jeffrey Ebersole; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Department of Education, Office of Professional Discipline; and the New York State Attorney General’s Office, under the direction of Attorney General Letitia James.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jamestown Man Sentenced for His Role in Methamphetamine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Zakiel Fields, Jr., 24, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, and failure to appear after pre-trial release, was sentenced to serve 135 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Emmanuel Ulubiyo, Patricia Astorga, and Paul Parisi, who handled the case, stated that between March and November 6, 2017, the defendant conspired with others to distribute methamphetamine in the Jamestown area. On July 17 and September 21 2017, Fields sold methamphetamine to an individual working with the Drug Enforcement Administration.On November 6, 2017, investigators spotted the defendant and co-defendant Ernest Cauley, Jr. enter a residence on E. Summit Avenue in Lakewood, NY. A short time later, Fields and Cauley left the residence with Fields holding a white U.S. Postal Service Priority shipping box. After meeting up with another vehicle in the parking lot of a fast food restaurant, the two vehicles drove off but were quickly stopped by law enforcement officers and searched. Officers removed a brown fast food bag from one of the vehicles, which contained a black vacuum sealed bag which had already been torn open. The bag contained suspected methamphetamine. Officers also opened the U.S. Postal Service priority shipping box, which also contained suspected methamphetamine.
Fields was arrested, charged, and released on conditions, including electronic monitoring. On March 2, 2018, a United States Probation officer received a tamper alert relating to the defendant’s electronic monitoring device. Fields had cut off his ankle monitor and left it in the residence. The defendant and co-defendant Cauley were indicted and scheduled for an arraignment on the indictment on April 5, 2018, but Fields failed to appear until he was arrested on unrelated charges in California on July 13, 2018, and brought to appear in the Western District of New York on August 1, 2018.
Fields was charged along with 14 other defendants. He is the third 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 sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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Gang Member Pleads Guilty to Racketeering and Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Mack, aka Dean, aka Dean-O, 27, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute, and possess with intent to distribute, heroin, cocaine, and crack cocaine, was sentenced to serve 72 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
Between 2010 and August 28, 2018, the defendant conspired with several gang members and associates to distribute illegal narcotics and commit assault. Specifically:
• On April 7, 2013, Mack and co-defendant Michael Walker possessed marijuana in a vehicle in Cheektowaga, NY;
• On June 19, 2014, Mack and co-defendant Shawn Woods were in a vehicle at Swan and Hickory Streets in Buffalo, when they were stopped by the police. Mack was in possession of two plastic bags of crack cocaine;
• On October 2, 2014, Mack and co-defendant Shawn Woods were in a vehicle on Spring Street in Buffalo, and were once again stopped by police. When Mack and Woods were placed in the back of a police vehicle, they dropped a bag containing cocaine on the floor of the police car;
• On March 5, 2017, Mack was a passenger in a vehicle that was stopped by police. The defendant fled from the vehicle and threw a loaded 9mm pistol; and
• Between 2015 and 2016, Mack sold heroin to individuals in the Towne Gardens.
Mack was one of 13 defendants indicted in August 2018. Acts of violence allegedly committed by fellow gang members include two murders. 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 sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief David Zack; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
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Rochester Man Going to Prison for Eight Years on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jermelle Cotton, 38, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 97 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 March 30, 2018, after law enforcement officers executed search warrants at two homes in Rochester associated with Cotton – 118 Northview Terrace and 466 Post Avenue. During the search at 118 Northview Terrace, officers recovered approximately 103 envelopes of fentanyl, 35 baggies of cocaine, a 9mm handgun and ammunition, and approximately $6,755. At the Post Avenue residence, officers found another firearm and an additional quantity of narcotics, including approximately 76 baggies of cocaine, 150 envelopes of fentanyl, and 148 bags of heroin.
The sentencing is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Sheriff Todd K. Baxter, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Batavia Man Pleads Guilty to Being A Felon in PossessionRead 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 Charles Williams, 40, of Batavia, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that late in the evening on July 19, 2017, Genesee County Sheriffs Drug Task Force Officers observed the defendant operating a vehicle. An investigator initiated a traffic stop after confirming that Williams had an active warrant for his arrest. The defendant exited the vehicle and was arrested without incident.
During an inventory search of the vehicle, officers found a black nylon bag on the front passenger seat, which contained a handgun loaded with ammunition, as well as two small plastic bags containing suspected cocaine concealed in a cigarette box. Laboratory analysis determined that William’s DNA matched DNA found on the firearm. On July 20, 2010, the defendant was convicted of Criminal Possession of a Controlled Substance in the 5th Degree, in New York State Court, and was sentenced to serve two-and-a-half years in prison. As a result, Williams is legally prohibited from possessing a firearm.
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 August 29, 2019, at 12:30 p.m. before Judge Arcara.
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Irondequoit Man Arrested, Charged with Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Logan Nedo, 33, of Irondequoit, NY, was arrested and charged by criminal complaint with producing and possessing child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum 50 years, along with a lifetime term of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on May 19, 2019, Nedo turned himself in to the Brighton, New York Police Department, after it was discovered by family and friends that the defendant allegedly sexually abused two minor children in his care. After discovering that the alleged abuse primarily took place in the Town of Irondequoit, the Brighton Police Department turned Nedo over to the Irondequoit Police Department. The investigation continued and the defendant was eventually arrested on state charges involving the physical sexual abuse of the children.
During their investigation, the Irondequoit Police Department discovered that Nedo had produced and saved videos and images of the abuse. As a result, several electronic items were seized from the defendant’s home and turned over to the FBI Child Exploitation Task Force for processing. A preliminary examination revealed both videos and photographs depicting the sexual abuse of the minor victims by Nedo, as well as approximately 2,500 images of unrelated child pornography. The items were subsequently transported to the Regional Computer Forensics Laboratory for further forensic analysis.
The defendant made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.
The criminal complaint is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo; the Brighton Police Department, under the direction of Chief Mark T. Henderson; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the Regional Computer Forensics Laboratory and the Bivona Child Advocacy Center. Nedo is also facing a parallel New York State prosecution by the Monroe County District Attorney’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Greece Tax Preparer Ordered to Pay Thousands in Restitution for Filing False Tax ReturnsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sedat Kaya, 64, of Greece, NY, who was convicted of aiding and abetting in the preparation and filing of false tax returns, was sentenced by U.S. District Judge David G. Larimer to three years’ probation and ordered to pay $55,681 in restitution to the United States Treasury.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant owned and operated Seneca Tax Services in Rochester, NY, since approximately 2004. Through his business, Kaya prepared individual Income Tax Returns for hundreds of clients. An investigation by the Internal Revenue Service revealed that between 2012 and 2017, the defendant intentionally falsified information on the tax returns of clients by including false or inflated expenses, thereby generating false returns from the U.S. Treasury. In total, Kaya defrauded the United States for a total tax loss of more than $55,681.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office.
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Federal Jury Convicts Williamsville Man of 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 a federal jury convicted Richard Lucas, 34, of Williamsville, NY, of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $8,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that on May 15, 2017, investigators had search warrants for co-defendant Dominic Daniels and his vehicle. On that day, investigators were conducting surveillance and saw Daniels leave the Comfort Suites, in Cheektowaga, NY, with a blue bag and get into a white pick-up truck. After investigators observed Daniels meet with an individual on James Street in Buffalo, and engage in what appeared to be a narcotics transaction, Daniel’s vehicle was stopped and was searched. The search revealed approximately 744 grams of cocaine, a hotel key for a room rented by the defendant at the Comfort Suites, and approximately $16,000 in United States currency.
During a subsequent search of the hotel room rented by defendant, investigators seized approximately $33,000. Following Daniels’s arrest, Lucas arrived at the Comfort Suites, driving a 2017 Chevrolet Corvette. When he was approached by Erie County Sheriff’s deputies, he refused to comply with commands, resisted arrest, and then led one of the deputies on a chase through several parking lots, where he tried to carjack three vehicles. The defendant was eventually taken into custody at the intersection of the Kensington Expressway and Genesee Street by the sheriff’s deputy and federal law enforcement officers. At the time of his arrest, Lucas was in the possession of nearly $70,000 in jewelry. Evidence presented by the Government at trial established that the defendant was obtaining cocaine from Houston and distributing it to customers in the Buffalo area.
Co-defendant Dominic Daniels was previously convicted and is awaiting sentencing.
The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert; and the New York State Police, under the direction Major Edward Kennedy.
Sentencing is scheduled for August 27, 2019, at 1:00 p.m. before U.S. District Judge Elizabeth A. Wolford, who presided over the trial of the case.
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Blasdell Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Michalewski, 54, of Blasdell, NY, was arrested and charged by criminal complaint with receipt of child pornography and possession of child pornography involving a prepubescent minor. The charges carry mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $250,000.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant. On May 24, 2019, investigators executed a search warrant at Michalewski's residence on South Park Avenue in Blasdell. Several items were seized, including a desktop computer, cell phone, laptop computers, external hard drives, DVD's, thumb drives, internal hard drives, VHS tapes, and literature. An initial examination of some of the electronics recovered suspected images and videos of child pornography. Some of the images depicted prepubescent minors and acts of violence. Michalewski was previously convicted in February 2018 of Possession of a Sexual Performance by a Child in Erie County Court and sentenced to a conditional discharge, which remains pending.
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 defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 30, 2019, at 1:00 p.m.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Rochester Man Indicted for Being A Felon in PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a one count indictment charging Tyrone E. Jiggetts, 47, of Rochester, NY, with being felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that according to the indictment, on May 6, 2019, the defendant possessed a 12 gauge double-barrel shotgun in the area of 799 West Main Street in Rochester. Jiggetts was previously convicted in Monroe County Court of Robbery in 1991 and Attempted Grand Larceny in 2004. As a result, he is legally prohibited from possessing a firearm.
Jiggetts was arraigned today before U.S. Magistrate Judge Jonathan W. Feldman and was detained.
The indictment is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron D. Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Greece Man Sentenced for Being A Felon in PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Coia, 31, of Greece, NY, who was convicted of being felon in possession of a firearm, was sentenced to three years’ probation by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant admitted to possessing a shotgun and ammunition on March 28, 2018, in the area of 11 St. Pierre Drive in the Town of Greece. Coia was prohibited from legally possessing the shotgun and ammunition because of a prior felony conviction for Driving While Intoxicated.
The sentencing is the result of an investigation by the Greece Police Department, under the direction of Chief Patrick D. 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.
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.
Counterfeit Airbag Supplier Sentenced 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 David Nichols, 69, of Marysville, OH, who was convicted of conspiracy to traffic in counterfeit air bags, was sentenced to serve one year in prison and ordered to pay $75,846 in restitution by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael DiGiacomo who handled the case, stated that from August 2015 through March 2016, Nichols and co-defendant Raymond Whelan imported and sold counterfeit automobile air bags from China. Since Nichols lived in China at the time, he was responsible for locating manufacturers that would produce the counterfeit air bags at the lowest cost.
Nichols imported approximately 364 counterfeit automobile air bags from China that were subsequently sold as a genuine air bags to unsuspecting customers over the internet.Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
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Buffalo Woman Pleads Guilty to Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anika Williams, 44, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute 10 grams or more of 4-fluroisobutyryl 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 Michael Adler, who is handling the case, stated that between June and November 9, 2017, the defendant conspired with others, including co-defendant Jawayne Watkins, to distribute 4-fluoroisobutyryl fentanyl and heroin.
On two separate occasions in September 2017, Williams sold heroin containing 4-fluoroisobutyryl fentanyl to another individual who was arrested with the substances. The defendant sold drugs obtained from Watkins on a near-daily basis during this time period.
Charges remain pending against Jawayne Watkins who is accused of distributing heroin and 4 fluoroisobutyryl fentanyl causing the death of an individual identified as A.C. 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 Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Sentenced is scheduled for August 28, 2019, at 12:30 p.m. before Judge Arcara.
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Rochester Man Convicted by A Federal Jury of Cocaine Trafficking Conspiracy Going to Prison for 30 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 Juan Sampel, 48, of Rochester, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute five kilograms or more of cocaine, was sentenced to serve 360 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Sean C. Eldridge and Robert A. Marangola, who handled the prosecution of the case, stated that the evidence presented at trial demonstrated that between 2015 and April 27, 2016, Sampel and co-defendant Jose Gonzalez were part of a cocaine distribution network that distributed kilograms of cocaine in Rochester. During the investigation, law enforcement officers obtained court ordered wiretaps on several phone numbers related to that conspiracy. Calls involving Sampel, Gonzalez, and other co-conspirators were recorded. During those calls, the defendants used coded references to refer to their cocaine trafficking. Other intercepted communications revealed discussions about identifying undercover police vehicles and encouraging co-conspirators to utilize encrypted forms of communications over their phones. Investigators also utilized video surveillance to record meetings and the transfer of cocaine and cash between co-conspirators.
On April 27, 2016, several search warrants were executed, including at the residences of the defendants. Law enforcement officers recovered multiple cellular telephones, including Sampel’s phone, drug paraphernalia such as scales and baggies, and over $11,000 in cash from Gonzalez’s residence, and over $17,000 from Sampel’s residence. As part of the overall investigation, investigators seized over 11 kilograms of cocaine.
Co-defendant Jose Gonzalez is scheduled to be sentenced on June 10, 2019, at 11:00 a.m.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Rochester Police Department, under the direction of Chief La'Ron D. Singletary.
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Rochester Bank Robber Going to Prison for Seven 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 Derrick Stubbs, 54, of Rochester, NY, who was convicted of bank robbery, was sentenced to serve 84 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that on December 5, 2017, the defendant attempted to rob the Chase Bank located at 560 Monroe Avenue in Rochester, NY. On that same date, the defendant robbed the Summit Federal Credit Union at 1660 Monroe Avenue in Brighton, NY. Two days later, on December 7, 2017, Stubbs robbed the Chase Bank located at 920 Holt Road in Webster, NY.
During the robberies, the defendant handed a note to a bank employee demanding money. The notes contained statements to the teller such as “make it fast and don’t try nothing,” “don’t try anything funny,” and “no die pack and no games.”
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary; the Brighton Police Department, under the direction of Mark Henderson; and the Webster Police Department, under the direction of Chief Joseph Rieger.
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Buffalo Man 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 an indictment charging Demetrius Lowry, a/k/a Little D, 24, of Buffalo, NY, with false declarations before the grand jury, and obstruction of justice. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment, Jaquan Sullivan was shot and killed on December 5, 2015, in the vicinity of Parkdale Avenue in Buffalo. On December 8, 2015, Lowry was interviewed by Buffalo Police Homicide detectives. In two written statements, the defendant provided details of the shooting, including the identity of the person who shot Sullivan.
On December 17, 2015, Lowry sent a text message to the Buffalo Police Confidential Tip Line stating that the information he had previously provided was “totally wrong,” and he did not know who was involved in the shooting. On February 18, 2016, detectives interviewed the defendant about the tip-line message and Lowry signed a written statement admitting that the tip-line message was not true.
On July 12, 2018, law enforcement officers assigned to the FBI interviewed the defendant once again about the shooting death of Jaquan Sullivan. Lowry gave information about the identity of the shooter which was different from the information he gave to Buffalo Police detectives on December 8, 2015.
On July 31, 2018, the defendant, while under oath and testifying in a proceeding before a Federal Grand Jury, denied writing and signing the two statements when interviewed by Buffalo Police Homicide detectives on December 8, 2015, about the death of Jaquan Sullivan. Lowry also denied writing and signing a statement on February 18, 2016, in which he admitted that the message he sent to the tip line was not true. In addition, the defendant stated that he was never interviewed by a detective on February 18. Lowry testified that he did speak with the FBI in July 2018 but stated he was not asked about the murder of Jaquan Sullivan.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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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