Western District of New York
Press releases recorded for this federal judicial district.
Lackawanna Man Going to Prison for Selling Crack Cocaine Near A Public Housing FacilityRead 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 Rodney Alls, a/k/a Session, 49, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to serve 25 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who handled the case, stated that in May 2017, the Federal Bureau of Investigation and Lackawanna Police Department investigated the defendant for suspected distribution of crack cocaine in and around the City of Lackawanna.
On 10 occasions between May 10, 2017, and July 11, 2017, Alls sold crack cocaine to an individual working with the FBI. Each of the sales occurred at or within 1,000 feet of the Baker Homes Housing Project, a public housing facility owned by the Lackawanna Municipal Housing Authority.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lackawanna Police Department, under the direction of Chief James Michel.
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Former Boy Scout Employee Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Russell Ruth, 34, of Lyons, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography, including prepubescent images. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between March 13 and June 7, 2018, the defendant uploaded five files containing child pornography to a Yahoo! Server. Yahoo! intercepted the files and reported to the National Center for Missing and Exploited Children (NCMEC).
Investigators determined the images were uploaded by Ruth and executed a search warrant at his residence on June 7, 2018. During the search, investigators seized electronic devices containing over 10,285 images and 602 videos of child pornography, including images of prepubescent children and images involving violence.
The defendant was employed by the Boy Scouts of America in the Ovid, NY area.The plea is the result of investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for August 7, 2019, at 11:30 a.m. before Judge Geraci.
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Buffalo Man Who Pointed A Gun at Police 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 Julius Hatten, Jr., 29, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who are handling the case, stated that on August 5, 2018, Buffalo Police Officers observed a black vehicle, traveling eastbound on Winspear Avenue, violating several New York State traffic laws. Officers conducted a vehicle stop and determined that the defendant was not suitable to operate a motor vehicle. As officers attempted to secure Hatten and place him in handcuffs, he pushed them away, pulled a firearm from his waistband, began to flee on foot, and pointed the firearm in the direction of the officers. The defendant was ultimately apprehended on Highgate Avenue. The firearm was a 9mm pistol.
In August 2011, Hatten was convicted of a felony for Criminal Possession of a Weapon Second Degree in Erie County Court and is legally prohibited from possessing a firearm.
The plea is the is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, 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 August 14, 2019, before Judge Skretny
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Rochester Man Pleads Guilty for His Role in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Terrence Morgan, aka Young, 24, of Rochester, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, 28 grams or more of crack cocaine, cocaine, and heroin. 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 Matthew T. McGrath, who is handling the case, stated that between April 2018 and August 7, 2018, the defendant was a member of a drug trafficking organization led by co-conspirators Michael Wyatt and Andre Cunningham. During the conspiracy, Wyatt would obtain quantities of fentanyl, cocaine and heroin from various suppliers, including but not limited to Ulises Vargas, who in turn was supplied by Clifford Billins, among others. After obtaining a supply, Wyatt and Cunningham supervised and directed the distribution and sale of those controlled substances to individual drug users, at various drug houses maintained for that purpose in the City of Rochester. The drug houses were operated by members of the conspiracy, including Morgan. The locations of the drug houses included 218 Emerson Street and 131 Saratoga Avenue.
At the direction of Michael Wyatt and/or Andre Cunningham, the defendant was responsible for processing, breaking down, and re-packaging the controlled substances into smaller quantities to be sold to individual drug users. Morgan was also responsible for selling the controlled substances to individual buyers. The proceeds from these individual sales were collected from the defendant and others by Michael Wyatt and/or Andre Cunningham at regular intervals. Morgan was compensated for his role in the conspiracy.
In addition, between July 2018 and August 7, 2018, the defendant possessed a firearm in connection with the narcotics conspiracy.
Michael Wyatt, Andre Cunningham, and Ulises Vargas were previously convicted and are awaiting sentencing. Charges remain pending against Clifford Billins. 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.
Today’s plea is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.
Sentencing is scheduled for August 5, 2019, at 3:30 p.m. before Judge Geraci.
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Jamestown Man Sentenced for Being A Felon in Possession of A GunRead 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 Douglas Wood, 39, of Jamestown, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 63 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Seth Molisani, who handled the case, stated that on March 6, 2018, the Jamestown Police Department was actively engaged in a narcotics investigation operation. Investigators conducted physical and audio surveillance of the defendant and learned that Wood was in possession of a silver handgun. Investigators maintained surveillance on the defendant and alerted uniformed patrol officers who approached Wood and spoke with him briefly before he attempted to flee. Following a brief struggle, the defendant was restrained and officers recovered a loaded revolver and 14 additional rounds of ammunition.
Wood was previously convicted in 2000, in the Nottoway County Circuit Court, Nottoway, Virginia, of Grand Larceny, Unlawful Possession or Use of a Sawed-Off Shotgun, and Burglary; in 2001, in Chautauqua County Court, of Grand Larceny in the Fourth Degree; in 2004, in Chautauqua County Court, of Grand Larceny in the Fourth Degree; and in 2007, in Chautauqua County Court, of Robbery in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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Man Pleads Guilty to Selling Crack Cocaine at A Public Housing FacilityRead 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 Nafese J. Sanford, 27, of Buffalo, NY, pleaded guilty to possession with intent to distribute crack cocaine before U.S District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on three separate occasions between July 13 and August 8, 2018, law enforcement officers conducted three controlled purchases of crack cocaine from the defendant. The purchases were conducted at the Parkview Tower Apartments, a public housing facility in Lackawanna, NY.
On August 22, 2018, law enforcement officers set up another controlled purchase with Sanford. As he arrived at the Parkview Tower Apartments, officers performed a traffic stop of the defendant after observing him commit a traffic violation. During the stop, Sanford was arrested at the scene.
Today’s plea is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for August 12, 2019, at 12:30 p.m. before Judge Arcara.
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Buffalo Man Charged with Possession of Crack Cocaine Following A Traffic StopRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Acevedo Rivera, 23, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with the intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on May 3, 2019, at approximately 4:45 p.m., a marked unit from the Erie County Sherriff's Department initiated a vehicle and traffic stop of a Jeep Compass rental vehicle being operated by the defendant in the vicinity of 975 Hertel Avenue in Buffalo. A white plastic grocery bag was observed in plain view on the front passenger floorboard of the vehicle.
Rivera was asked for consent to search the vehicle and declined. Thereafter, following additional investigation, a search warrant for the vehicle was obtained and executed, and a quantity of suspected cocaine was recovered from the white plastic grocery bag.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Niagara Falls Man Pleads Guilty for His Role in Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Jones, a/k/a Tio, 55, of Niagara Falls, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between October 2016 and September 29, 2017, the defendant distributed cocaine with various co-conspirators in the Buffalo/Niagara Falls area.
On three occasions in August of 2017, defendant received a combined total of two and one-half kilograms of cocaine from his co-conspirators for the purpose of distributing it. During the course of the conspiracy, Jones regularly distributed at least one kilogram of cocaine per month on behalf of the organization for which he distributed. To date, two of Jones’ co-conspirators have been convicted, while charges remain pending against four others. 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 Investigations, under the direction of Special Agent-in-Charge Gary Loeffert.
Jones is scheduled to be sentenced on September 11, 2019, before Judge Vilardo.
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Buffalo Man Sentenced to Nearly Six Years in Prison for Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derrick Washington, 41, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to serve 70 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that between January 2018 and February 14, 2018, the defendant conspired with others to sell crack cocaine. On four separate occasions during that time, Washington sold crack cocaine to an individual working with the Drug Enforcement Administration.
On February 14, 2018, investigators executed a federal search warrant at 1502 Niagara Street and seized suspected crack cocaine, two digital scales, and a SKS rifle.
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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief David Zack.
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Buffalo Man Sentenced for Conspiring to Sell 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 Jose Alvarez, 26, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, butyryl fentanyl, was sentenced to serve 12 months in prison by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on July 27, 2017, Drug Enforcement Administration and Homeland Security Investigations Special Agents executed a search warrant on Alvarez’s vehicle. During the search, agents recovered 20 bags of butyryl fentanyl, a Schedule I controlled substance. The investigation determined that the defendant, along with his co-defendants, were staying at a hotel and casino located in Salamanca. Subsequently, law enforcement executed a search warrant in their hotel room, where agents recovered another 196 bags of butyryl fentanyl. Alvarez also admitted selling butyryl fentanyl on three prior occasions in Salamanca in May and July of 2017.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the NYS State Police Bureau of Criminal Investigation, under the direction of Major Edward Kennedy; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb.
Buffalo Man Pleads Guilty to Being A Felon in Possession of A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Andre Baker, 28, of Buffalo, NY, pleaded guilty to felon in possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that on March 25, 2018, two Buffalo Police Officers were flagged down by an unidentified civilian yelling and screaming “he has a gun” while simultaneously pointing his hands in the direction of a parking lot in the vicinity of Jefferson Avenue and Genesee Street. The officers observed another civilian pointing a firearm at the defendant as well as a firearm on the ground next to the defendant’s feet. After making eye contact with the officers, the defendant jumped into the rear seat of a vehicle. Seconds later, Baker exited the vehicle and fled on foot. The defendant was quickly apprehended in the vicinity of Virginia and Cherry Streets by the officers.
One of the civilians, who identified himself as a sworn Peace Officer and licensed gun owner, reported that he observed and later broke up a physical fight between the defendant and an unidentified male and female outside Arthur’s Pub in the vicinity of Jefferson Avenue and Genesee Street. After he broke up the fight, the civilian stated that Baker went across the street and got into the aforementioned vehicle. The civilian then observe the female involved in the fight approach the car and spit in the defendant’s face. The defendant exited the car, approached the rear bumper, and removed a gun. The civilian withdrew his concealed firearm from his holster, pointed the gun at Baker and gave a verbal command to the defendant to drop his gun. Baker complied.
Officers subsequently recovered a loaded, .380 caliber pistol, on the ground next to where the defendant was standing prior to fleeing. Officers also recovered a loaded 12 gauge shotgun from the vehicle.
Baker was previously convicted of Attempted Criminal Possession of a Weapon in the 2nd degree in Erie County Court and is legally prohibited from possessing a firearm.The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, 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 August 7, 2019, before Judge Arcara.
Rochester Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Raul Matos, 45, of Rochester, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years, and a $1,000,000 fine.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that on three separate occasions between November 2017 and February 16, 2018, the defendant sold a quantity of cocaine to an individual working with the Drug Enforcement Administration.
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.
Sentencing is scheduled for July 22, 2019, before Judge Geraci.
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Former Social Services Worker Pleads Guilty to Lying to the FBIRead 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 Rhonda Henderson, 48, of Buffalo, NY, pleaded guilty to making false statements to Special Agents of the Federal Bureau of Investigation before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on June 19, 2014, Special Agents with the Federal Bureau of Investigation interviewed the defendant during which interview Henderson stated that the title to a 1999 Honda two-door sedan had been mailed to her address. The vehicle actually belonged to Victim A, a disabled individual whom the defendant met through her employment at a local social services agency. The FBI was investigating mail fraud and whether or not Henderson engaged in a scheme to defraud Victim A of her vehicle by fraudulently obtaining a duplicate New York State Department of Motor Vehicles title.
During the course of the FBI interview, the defendant made materially false statements that:
• she did not take the title to the 1999 Honda Accord from Victim A without Victim A’s authorization;
• she had Victim A’s permission to forge Victim A’s name on the DMV form “Transfer of Vehicle Registered in Name of Deceased Person” dated December 13, 2013; and
• her supervisor at the agency knew of her dealings related to the December 13, 2013, vehicle transaction;
knowing that each statement was in fact false.The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Motor Vehicles, Division of Field Investigation, under the direction of Owen McShane, Director of Investigations.
Sentencing is scheduled for September 10, 2019, at 9:30 a.m. before Judge Vilardo.
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Tonawanda Man Who Received Cocaine from Puerto Rico SentencedRead 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 Osvaldo Rivera-Amaro, 46, of Tonawanda, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to serve 46 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that cocaine was shipped to the defendant from Puerto Rico through the U.S. Postal Service. On December 15, 2017, U.S. Postal inspectors seized a package containing just over two kilograms of cocaine that was addressed to co-defendant Iramarie Velez on Crane Place in Tonawanda, NY. The cocaine was replaced with sham cocaine, and then the package was delivered on December 28, 2017. After Velez accepted the package, she left the residence but returned a few minutes later with Rivera-Amaro. Velez went back into the residence, came back out with the package, and placed it in the back of the defendant’s vehicle. The defendant was subsequently detained, his vehicle was searched, and the package, containing the sham cocaine, was located in the trunk.
Iramarie Velez was previously convicted and is awaiting sentencing.
Today’s sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
New Jersey Man Charged with Transporting AliensRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jose Rodrigo Silva-Oliveira, 43, a Brazilian citizen living in New Jersey, was arrested and charged by criminal complaint with transporting aliens for financial gain or commercial advantage. The charge carries a maximum penalty of 10 years, and a $250,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on April 28, 2019, at approximately 10:05 a.m., U.S. Border Patrol received information from the Erie County Sherriff’s Department that several subjects had possibly entered the United States illegally from Canada.
The information came from a nearby resident who observed a vessel in the upper Niagara River dropping off four or more subjects on the shoreline near West River Road on Grand Island. The subjects were then observed being picked up by a dark colored sedan and headed eastbound on Staley Road. The vehicle was subsequently pulled over by law enforcement officers. The defendant was identified as the driver of the vehicle, and the passengers were identified as Marie Aparecida, Maxwell De Castro, and Andre Luiz Felix Ferreira Cunha. A fourth passenger, later identified as Alexandro Lourenco Da Silva, fled the scene but was quickly apprehended by Border Patrol Agents on Love Road.
It was determined that the four passengers had illegally entered the United States from Canada, and Silva-Oliveira had picked up all four aliens and was transporting them within the United States. All five subjects were placed under arrest.
“As efforts are made to increase security at our southwest border, it is hardly surprising that those who seek to profit by violating the law might explore new frontiers in which to perpetrate their crimes,” noted U.S. Attorney Kennedy. “The well-being of a free society is dependent the allegiance of its members to the rule of law. Hopefully, this arrest will help to send a message to those who demonstrate a willingness to disregard the rule of law in favor of earning a profit. Conduct which is criminal along the southwest border remains criminal when undertaken along the northern border.”
Defendant Silva-Oliveira made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, and was released on conditions.
The criminal complaint is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson, 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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Rochester Man Sentenced on Drug and Gun Charges, Forfeits over $230,000 of Drug ProceedsRead 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 Ramon Perdomo, 38, of Greece, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, and being a felon in possession of a firearm and ammunition, was sentenced to serve 135 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Katelyn M. Hartford and Sean C. Eldridge, who handled the case, stated that law enforcement officers executed a search warrant at the defendant’s residence at 164 Sheraton Drive in the Town of Greece on April 20, 2018. During the search, officers found approximately 80 grams of crack cocaine, 42 grams of powder cocaine, and $238,237 United States currency, which consisted of proceeds from the defendant’s cocaine drug sales. Officers also found a 9mm semi-automatic pistol and bullets in a closet located off the kitchen, as well as evidence of drug dealing and packaging throughout the house. At the time of his arrest, Perdomo was on probation for a prior felony conviction and was legally prohibited from possessing a firearm.
The defendant forfeited $238,237 in drug proceeds.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge; the Monroe County Sheriff’s Office and the Monroe County Heroin Task Force, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief La'Ron D. Singletary; the Gates Police Department, under the direction of Chief James VanBrederode; and the Monroe County DA’s Office, under the direction of District Attorney Sandra Doorley.
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Buffalo Couple Charged with Selling HeroinRead 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 Orlando Albert-Arroyo 24, and Genesis Tolentino-Cruz, 25, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Joshua A. Violanti, who is handling the prosecution of the case, stated that according to the complaint, in February 2019, Buffalo Police investigators began investigating the drug trafficking activities of the defendants. The investigation was initiated following a possible drug overdose death.
In the early morning hours of February 27, 2019, first responders from the Buffalo Police Department, Buffalo Fire Department, and AMR Ambulance were dispatched to the scene of a possible drug overdose. Upon arrival, they discovered an unresponsive 24 year old male. Medical personnel attempted resuscitation efforts but the victim was declared deceased. At the scene, investigators recovered four green wax envelopes commonly used to package heroin and a plastic straw with white powder residue.
Subsequent investigation determined that the victim's girlfriend was in contact with a phone number tied to the defendant’s on the day of the victim’s death. In addition, between March 30 and April 11, 2019, AlbertArroyo and Tolentino-Cruz sold suspected heroin to an individual working with investigators on four separate occasions.
A search warrant was executed at the defendants’ residence and two AR style firearms and a quantity of suspected heroin were recovered.
AlbertArroyo and Tolentino-Cruz appeared at a detention hearing before U.S. District Judge Lawrence J. Vilardo and were released on conditions.
The complaint is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.# # # #
Two More Members of Deadly Elmira Opioid Trafficking Organization Sentenced to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlito Rios, Jr., 32, of Corning, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to time served and three years of supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Jordan Jones, 25, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, acetyl fentanyl, was sentenced by Chief Judge Geraci to serve 20 months in federal prison.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Jones was a distributor in a large-scale opioid manufacturing and trafficking organization in the Southern Tier of New York and northern Pennsylvania between 2015 and May 2017. As part of the conspiracy, the leaders of the organization, Robert Ian Thatcher and Maximillian Sams, imported bulk quantities of furanyl fentanyl, acetyl fentanyl, and U-47700 from overseas suppliers in China. They ordered the drugs on what is known as “the dark web,” and used different people and addresses in New York and Pennsylvania to receive the shipments. Rivera arranged for some of his friends and associates to receive packages of controlled substances from overseas on behalf of Thatcher and Sams. Thatcher and Sams purchased equipment and materials – including pill presses/mechanical tableting machines, microcrystalline cellulose, lactose magnesium stearate, and powdered food coloring – which they used to manufacture tens of thousands of blue pills containing furanyl fentanyl, acetyl fentanyl and U-47700. The pills were made to look like legitimate 15 milligram and 30 milligram Percocet pills.
At least two individuals – a 21 year old female, and a 25 year-old male – died after ingesting the blue pills containing furanyl fentanyl and U-47700. In addition, at least one individual overdosed on more than one occasion after using the blue pills manufactured and distributed by the organization, but survived after being treated by first responders with Narcan.
Thatcher and Sams used residences at 604 South Lehigh Avenue in Sayre, Pennsylvania, and 665 Sawdey Road in Catlin, NY, to manufacture and process the pills for distribution. During the execution of a search warrant at the Sayre location on May 16, 2017, law enforcement agents recovered, among other things, 244 blue pills containing furanyl fentanyl, four long guns and ammunition. In addition, during the execution of a search warrant at the Catlin location on May 18, 2017, law enforcement agents recovered, among other things, materials used by Thatcher and Sams to manufacture the pills for distribution. During the conspiracy, Thatcher also possessed several firearms at the Pennsylvania location and his residence in Elmira.
After manufacturing the pills, Thatcher and Sams would distribute them in large quantities to other co-conspirators – including Jesus Rivera, Anthony Prettyman, Terrance Washington, and Dwayne Banks, a/k/a Fizzle, a/k/a Fizz – who would then distribute the pills to various street-level customers in the Elmira area. In March 2016, Jones obtained a supply of pills containing acetyl fentanyl from Rivera, and distributed some of those pills to a customer in Elmira.
Sams also supplied pills to an individual in the Charlotte, North Carolina area. As part of the conspiracy, Sams used co-conspirator Anthony Prettyman to transport 5,330 blue pills containing furanyl fentanyl from Elmira to North Carolina in October 2016. On October 25, 2016, in North Carolina, deputies with the Iredell County (NC) Sheriff’s Office conducted a traffic stop of the vehicle in which Prettyman was traveling. During a subsequent search, the deputies recovered and seized a paint can with a false bottom containing the 5,330 blue pills from inside Prettyman’s vehicle.
In early 2017, Thatcher arranged for a package of furanyl fentanyl, that he ordered over the dark web, to be sent to Carlito Rios, Jr. On March 13, 2017, Customs and Border Protection officers at the John F. Kennedy International Airport Mail Branch in Queens, NY, examined a United States Postal Service package addressed to co-conspirator Rios at 1015 Oak Street in Elmira. The sender was listed as an entity in China. Upon inspection, the package was found to contain approximately 249 grams of furanyl fentanyl. Sams and Thatcher intended to use the seized furanyl fentanyl to manufacture and distribute additional quantities of the blue pills. As part of the conspiracy, Rios agreed to accept the package of furanyl fentanyl for Thatcher.
The sentencings mark the fourteenth and fifteenth defendants to have been sentenced in this investigation:
Thatcher was sentenced to serve 23 years in federal prison;
Sams was sentenced to 210 months in federal prison;
Prettyman was sentenced to 125 months in federal prison;
Banks was sentenced to 108 months in federal prison;
Rivera was sentenced to 108 months in federal prison;
Thatcher’s girlfriend, Amber Bates, who was convicted of money laundering conspiracy, was sentenced to five years probation to include six months of home detention;
Robert J. Elford was sentenced to 121 months in federal prison;
Edward Barrett was sentenced to 90 months in federal prison;
Scott Fairbanks was sentenced to 90 months in federal prison;
Dusty Pemberton was sentenced to 70 months in federal prison;
Deven Hill was sentenced to 37 months in federal prison,
Chad Smith was sentenced to 22 months in federal prison; and
Isaiah McLaurin, who was convicted of witness tampering after threatening an individual working with the Drug Enforcement Administration on Facebook, was sentenced to serve 57 months in federal prison.
As U.S. Attorney Kennedy has previously stated, “That the members of this organization sought to profit by pushing poison on addicts, is reprehensible. In my view, however, what is even more insidious about their behavior was their effort to press this poison into counterfeit pills, thereby giving their customers a false sense of security that there was some quality and dosage control associated with their manufacture.”
The sentencing is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.
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Rochester Man Pleads Guilty to Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Donald L. White, 24, of Rochester, NY, pleaded guilty to bank robbery. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Charles E. Moynihan, who is handling the prosecution of the case, stated that on November 16, 2016, the defendant entered the Chase Bank at 36 Genesee Street in Rochester at about 9:47 a.m. and passed the bank teller a note stating that he was serious, directing the teller not to get the attention of others, and to provide him with money. In the note, White also said he did not want a dye pack and told the teller that she had 20 seconds to comply. The teller provided the defendant with an amount of United States currency, which he took before leaving the bank.
White also admitted to robbing the same Chase Bank a month earlier on October 11, 2016, during which the defendant displayed a similar note demanding money.
White was subsequently in Georgia where he committed additional crimes for which he is now imprisoned.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, as well as officers from the Rochester Police Department, under the direction of Chief La'Ron D. Singletary.
Sentencing is scheduled for July 17, 2019, at 4:00 p.m. before Judge Geraci.# # # #
Leaders of Drug Trafficking Organization Plead 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 Michael Wyatt, 38, of Rochester, New York, and Andre Cunningham, 25, also of Rochester, pleaded guilty, before Chief United States District Court Judge Frank P. Geraci, Jr., to conspiracy to possess with intent to distribute, and distribute, 40 grams or more of fentanyl, 28 grams or more of cocaine base, and heroin, For Wyatt, the charge carries a minimum penalty of 10 years imprisonment, a maximum penalty of life imprisonment and an $8,000,000 fine. For Cunningham, the charge carries a minimum penalty of 5 years imprisonment, a maximum penalty of 40 years imprisonment and a $5,000,000 fine.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that Wyatt and Cunningham were leaders of a drug trafficking organization that distributed significant quantities of fentanyl, heroin, and cocaine base throughout the Rochester, New York area. Wyatt would obtain bulk quantities of those controlled substances from various suppliers. After obtaining bulk quantities of the aforementioned drugs, Wyatt and Cunningham supervised and directed the distribution and sale of those controlled substances to individual drug users, at various drug houses maintained for that purpose in the City of Rochester. The drug houses were operated by members of the conspiracy, including but Wyatt, Cunningham, and others. The locations of the drug houses included 218 Emerson Street, Rochester, New York and 131 Saratoga Avenue, Rochester, New York. At the direction of Wyatt or Cunningham, members of the conspiracy would process, break down, and re-package the controlled substances into smaller quantities to be sold to individual drug users out of 218 Emerson Street and 131 Saratoga Avenue.
The plea is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd K. Baxter; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.
Sentencing is scheduled before Chief Judge Geraci, Jr., for August 5, 2019, at 2:00 p.m. for Michael Wyatt, and 3 p.m. for Andre Cunningham.
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Rochester Man Pleads Guilty in Gun Store BurglaryRead 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 Marcos D. Guzman, 35, of Rochester, NY, pleaded guilty to theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon before U.S. District Judge Elizabeth A. Wolford. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Guzman, along with co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto, broke into Chinappi’s Firearms & Supplies, a gun store located at 5016 West Ridge Road, Spencerport, New York, in the early morning hours of August 16, 2018. Sarfaty entered the basement through a hole in the wall and, together with Guzman and Marcano-Agosto, stole a total of approximately 87 firearms (almost all of which were handguns). Thereafter, Guzman, Sarfaty and Marcano-Agosto sold many of the firearms on the streets of Rochester. According to the plea agreement, law enforcement recovered 14 of the stolen firearms the day after the theft.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd K. Baxter and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.
Sentencing is scheduled for July 29, 2019, at 2:00 p.m. before Judge Wolford.
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5TH Florida Man Pleads Guilty in Connection with $20 Million Fraud Against Xerox CorporationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Robert Fisher of Daytona, Florida pled guilty in front of the Honorable Elizabeth Wolford in connection with a 63-count indictment that was returned against him on April 3, 2018, involving a scheme to defraud Xerox Corporation of more than $20 million. Fisher pled guilty to conspiracy to commit wire fraud, which charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine. Previously, Kyle Haynes, Jason Haynes, David Haynes (the “Hayneses”) and Bryan Day pleaded guilty to similar charges.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that Fisher’s company, RBM Imaging, was an authorized reseller of Xerox office equipment. Kyle Haynes, Jason Haynes, David Haynes and Bryan Day own Haynes Brother Furniture in Daytona.
Xerox is located in, among other places, Webster, New York, and sells and leases office equipment, including printers directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.
Those defendants who previously pled guilty admitted that they set up a sham company, HDH Graphics, to obtain approximately sixty-three Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25 million worth of toner to HDH Graphics. The Hayneses and Day then sold the fraudulently obtained toner for approximately $11 million to an individual in Miami, Florida, and together with Fisher, they shared the profits from the fraudulent sale of the Xerox toner.
In executing the scheme, the Hayneses and Day repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. They provided Xerox with false usage profiles from the printers and false print samples that made it appear that they were making millions of prints and using much more toner than the industry average for each print.
In his plea agreement, Fisher also agreed to pay the Internal Revenue Service the amount of $192,495.42, plus interest and penalties in connection with false tax returns he filed for the years 2008 through 2013. Fisher also agreed to forfeiture of assets that were previously seized by the government.
This plea was the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office.
Fisher’s next court appearance is on May 2, 2019, at 9:30 am.
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Yemeni Man Sentenced for ExtortionRead 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 Yousef Goba, 45, of Yemen, who was convicted of making extortionate threats to harm and kidnap a minor, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between February 2015 and April 2015, Goba contacted an individual who resided in Western New York (the victim) through both telephone and text messages. During those communications, Goba threatened to kidnap and injure the victim’s minor child. The minor child went to Yemen with her mother in September 2013. While in Yemen, the minor child, her mother, and siblings lived with Goba for a period of time. When the mother wanted to move from Goba’s residence, the defendant refused to let the minor child leave and threatened that he would have the minor child marry a Yemeni man, if money was not paid to him. On April 8, 2015, during a call recorded by the FBI, Goba demanded that the victim pay him $11,000 as well as money for other expenses for the release of the minor child.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
# # # #Williamsville Man Pleads Guilty to Wire Fraud--AgainRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert C. Logel, 55, of Williamsville, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to wire fraud and tax evasion. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Jonathan P. Cantil and MaryEllen Kresse, who are handling the case, stated that in 2009, the defendant was convicted of wire fraud for defrauding two victims out of nearly $3,000,000 and sentenced to 48 months in prison. Logel told the victims that he invested their money in various businesses when, in fact, he used the funds himself.
Within months of being released from prison, Logel entered into a scheme involving the production, distribution, and sale of two skin and healthcare products. During the course of the scheme, the defendant made false representations regarding his ability to distribute and market such products. As a result, victims, including QuadPharma, a pharmaceutical manufacturing company located in Clarence, NY, transferred funds to Logel which they believed would be used to ready the products for distribution and sale. The defendant did not, however, use the victims' money as promised. Rather, Logel used the vast majority of the funds for his personal use, including car payments, college tuition, rent for his and his girlfriend’s apartments, and cosmetic surgery. QuadPharma suffered a loss of approximately $417,120. Six other victims suffered a total loss of approximately $143,176.In addition, the defendant failed to file income tax returns for the tax years 2004 through 2007, resulting in a loss of $5,574,837.38 to the Internal Revenue Service.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen.
Sentencing is scheduled for August 15, 2019, at 11:00 a.m. before Judge Geraci.
North Tonawanda Man Pleads Guilty to Drug Charge After Police Find 30 Kilograms of Cocaine in His CarRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Edgar Joel Jimenez-Rodriguez, 39, of North Tonawanda, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that between October 2017 and July 19, 2018, the defendant conspired with Jose Garcia-Santiago, Katherine Dejesus-Gonzalez, and others, to distribute cocaine. On July 19, 2018, the defendant picked up a Mercury Mariner containing 30 kilograms of cocaine, which was intended for distribution in the Western New York area. Law enforcement stopped the vehicle and arrested the defendant.
Previously, beginning in May 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirators Garcia-Santiago and DeJesus-Gonzalez, whom the defendant supervised. On May 26, 2018, law enforcement officers stopped a vehicle driven by Garcia-Santiago with DeJesus-Gonzalez as the passenger, and found five kilograms of cocaine. The defendant directed Garcia-Santiago and DeJesus-Gonzalez to pick up this cocaine from the New York City area for distribution locally.
In September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico and addressed to various residences in Niagara Falls. Postal inspectors seized approximately five kilograms of cocaine that were intended for the defendant and his co-conspirators.Charges remain pending against Jose Garcia-Santiago and Katherine Dejesus-Gonzalez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.
Sentencing is scheduled for August 15, 2019, at 9:30 a.m. before Judge Geraci.
Former Medical Practice Office Manager Charged with Stealing Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kristy Brucz, 33, of Buffalo, NY, was arrested and charged by criminal complaint with obtaining controlled substances by fraud. The charge carries a maximum penalty of four years in prison and a fine of $250,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, between 2015 and March 28, 2018, the defendant was an employee and office manager for a local physician (Physician-1). In that position, Brucz obtained control of the New York State issued controlled substance electronic prescribing hard token (prescribing token) and its related passwords. The defendant then issued 166 fraudulent controlled substance prescriptions—either in her own name or the name of 12 fictitious or unwitting participants—totaling 11,885 dosage units. In addition, the defendant utilized 25 different pharmacies to receive the prescriptions, and used a variety of payment methods including insurance, cash, Medicaid, Medicare, and prescription coupons. The prescriptions included alprazolam, hydrocodone, oxycodone, and phentermine.
The defendant’s scheme was discovered in March of 2018, as Brucz attempted to fill a prescription at Rite Aid Pharmacy. The pharmacist questioned the legitimacy of the prescription and contacted the physician for whom defendant worked. That inquiry ultimately led to the discovery of defendant’s fraud and led to her being fired from her position at Physician-1's office.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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 Possession of Butyryl 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 Myles Scales, 27, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on November 14, 2017, at approximately 6:04 p.m., two Buffalo Police Officers observed a blue 2013 Dodge Avenger parked in the vicinity of 1310 Broadway for a few minutes and then observed it leave. Approximately 20 minutes later, the officers observed the same vehicle parked again near 1310 Broadway, where it remained for a few minutes before departing again.
The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bundle. The bundle was actually a plastic bag containing nine bundles which contained 81 white and blue-checkered glassine envelopes of suspected controlled substances. Scales was arrested at the scene. Subsequent testing determined that the substance was butyryl fentanyl.The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for August 15, 2019, at 10:00 a.m. before Judge Geraci.
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Buffalo Man Pleads Guilty to Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Rogelio Mueses, 26, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute heroin, butyryl fentanyl, 4-fluoroisobutyryl fentanyl, and fentanyl. The charge carries a maximum of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January and May of 2018, the defendant conspired with another individual to distribute controlled substances. In particular, on six different dates, they sold controlled substances to an individual working with the Drug Enforcement Administration. Subsequent testing confirmed the presence of heroin, butyryl fentanyl, and 4-fluoroisobutyryl fentanyl, all of which are Schedule I controlled substances, and fentanyl, a Schedule II controlled substance.
Sentencing is scheduled before Judge Geraci for July 18, 2019, at 9:30 a.m.
Buffalo Man Pleads Guilty to Multple Counts of Sex TraffickingRead 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 Oliver Kimmons, 51, of Lockport, NY, pleaded guilty to five counts of sex trafficking before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Meghan A. Tokash, Douglas A.C. Penrose, and Joel L. Violanti, who are handling the case, stated that over the course of three years, the defendant solicited young, and coerced opiate-addicted women to have sex with paying customers in exchange for drugs. Kimmons drove the victims to Western New York farms, dairies, and Indian reservations where they engaged in sex acts with paying customers. The defendant collected the money from customers and then “paid” his victims in heroin. Kimmons also had sex with the victims in exchange for drugs.
The plea is the result of an investigation by the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; the Lockport Police Department, under the direction of Interim Chief Steven Preisch; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
Sentencing is scheduled for August 26, 2019, at 9:30 a.m. before Judge Vilardo.
Attorney Sentenced for His Role in Mortgage Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Laurence Savedoff, Esq., 44, of New City, NY, who was convicted of misprision of a felony, was sentenced to serve four months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Elizabeth R. Moellering and Kathleen A. Lynch, who handled the case, stated that between 2008 and 2009, the defendant represented The Funding Source (“TFS”), a mortgage bank, as the settlement attorney. The defendant’s law office was used to execute the closings for the eight real estate transactions for properties located in Bronx, NY, which involved efforts by five other individuals fraudulently to obtain mortgages that were insured by FHA on behalf of unqualified borrowers. For all eight transactions, the defendant caused the signing of the HUD-1 settlement statement and FHA Addendum to the HUD-1 knowing that the information therein was false.
Although he did not know the full extent of the scheme, the defendant became aware that others were using him to help defraud financial institutions. The defendant failed to notify authorities, including federal authorities, of these other individuals’ use of fraud to obtain funds from TFS. Furthermore, the defendant took affirmative steps to conceal the fraud by signing the HUD-1 Settlement Statement and FHA Addendum, or by having his paralegal sign them. Those documents were later forwarded by TFS, which he knew would be sent to financial institutions, including M&T Bank located in the Western District of New York. One duty of the defendant in his role as settlement attorney was to certify that the disbursements written on the HUD-1 accurately reflected the disbursements in the transactions. The HUD-1 and other financial documents were sent to financial institutions to show that the borrowers met FHA’s requirement of providing a 3-3.5% down payment. The defendant was aware that the borrowers in all eight transactions did not provide that down payment. Nevertheless, the defendant, or his paralegal at this direction, certified on the HUD-1 and in the FHA Addendum that the disbursements listed therein were accurate. As a result of the aforementioned facts, financial institutions, including M&T Bank, purchased the fraudulently originated loans from TFS.
The total amount of the mortgage loans for these eight transactions was $4,800,007.
The sentencing is the culmination of an investigation by the United States Postal Inspection Service under the direction of Joseph W. Cronin, Inspector in Charge, Boston Division, the United States Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert. Additionally, the New York State Department of Financial Services assisted with the investigation.
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Two Additional Kingsmen Motorcycle Club Members Sentenced for RICO 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 Timothy Haley, Sr., 63, of Dunellon, FL, and Joseph Michael Long, 40, of Maryvale, TN, who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford. Haley was sentenced to three years supervised release to include eight months home detention, and Long was sentenced to serve 27 months in prison.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that the defendants admitted to being 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.
Defendant Long, who was at various times a KMC Lake County (Florida) Chapter President, KMC Volusia County, Florida Chapter President, Tennessee Moonshine Chapter President, and regular full-patch KMC member, further admitted that, on November 30, 2016, he testified falsely and evasively about material facts before a federal Grand Jury. Specifically, Long testified falsely and evasively regarding the nature and extent of his communications with KMC National President David Pirk, KMC Florida/Tennessee Regional President Timothy Enix, and KMC Nomad Andre Jenkins; his knowledge of the circumstances in which KMC member Jimmy Ray Fritts provided a motorcycle to Jenkins to use to travel to New York in September 2014; and his knowledge about what transpired when Jenkins traveled to New York and his return to Tennessee. On September 6, 2014, Jenkins murdered Kingsmen Motorcycle Club members Paul Maue and Daniel Szymanski at the KMC Clubhouse on 322 Oliver Street in North Tonawanda, NY. Long also admitted that he made false statements to the FBI investigating the murders.
Today’s sentencings are the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Assisting in the investigation were the following: the FBI Knoxville, TN, and Jacksonville, FL Field Offices; Homeland Security Investigations; 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 City of North Tonawanda Police Department; the Niagara County’s Sheriff’s Office; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.
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Jamestown Couple Arrested, Charged with Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Douglas P. Beardsley, 33, and Camille Lopez, 18, both of Jamestown, NY, were arrested and charged by criminal complaint with possession with intent to distribute methamphetamine, possession of a firearm during a drug trafficking crime, and possession of stolen firearms. In addition, defendant Beardsley is charged with being a felon in possession of a firearm. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, a search warrant was executed at the defendants’ residence at 70 Forest Avenue in Jamestown. Officers recovered two firearms; $296.00 in US currency; a circular glass mirror with an unknown pill and a quantity of crystal methamphetamine; two digital scales; and a bag of Dimethyl Sulfone, which acts as a cutting agent for methamphetamine. Officers also seized 27 prepaid credit cards; three cell phones; seven live rounds of ammunition; nine spent shell casings; several packaging baggies; two calibration weights; and a case of SD cards. Subsequent investigation determined that two of the firearms recovered were stolen from a residence in Town of Ellicott in January 2019.
Beardsley was previously convicted of three felonies, including Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, Attempted Burglary in the 3rd Degree, and Criminal Possession of a Controlled Substance in the 5th Degree, and is legally prohibited from possessing a firearm.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Former North Tonawanda Pharmacist Sentenced for Prescription FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick R. McQuade, 29, of North Tonawanda, NY, who was convicted of obtaining controlled substances through fraud, was sentenced to two years probation and ordered to pay $7,793.78 in restitution to the Rite Aid Corporation. As a condition of his probation, McQuade is prohibited from employment as a pharmacist.
Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that between January 2015 until his firing in December 2017, the defendant was employed by the Rite Aid Corporation as a New York State licensed pharmacist. McQuade was fired after an internal investigation discovered that he created fictitious patient accounts which enabled him to create fraudulent prescriptions using Rite Aid’s inventory system. After creating a fraudulent prescription, the defendant then dispensed and diverted the controlled substances for personal use.
McQuade created 20 fictitious patient profiles and 47 fraudulent prescriptions to dispense a total of 1,874 dosage units of Alprazolam, Phentermine, Cialis, and Synjardy of varying strengths. Internal investigators verified that none of the doctors listed on the prescriptions had prescribed the medications to the fictitious patients.
At the time of his arrest, the defendant was working as a Clinical Staff Pharmacist at Niagara Falls Memorial Medical Center.
The sentencing 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.
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Batavia Man Pleads Guilty to Viewing Child Pornography at Local LibraryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. announced today that Robert Roy Richmond, 55, of Batavia, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to access with intent to view child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on January 20, 2017, the defendant was observed by staff at a public library in Batavia, NY, utilizing a library computer to access the internet and view a child pornographic image. After Richmond left the library, the computer he used was seized by law enforcement. A forensic examination revealed that there were seven images on the computer which met the definition of child pornography.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Batavia Police Department, under the direction of Chief Shawn Heubusch.
Sentencing is scheduled for August 27, 2019, at 2:00 p.m. before Judge Wolford.
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Substitute Teacher and Coach Arrested and Charged with Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven Gasiorek, 33, of Cheektowaga, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Elizabeth Moellering, who is handling the case, state that according to the complaint, on April 10, 2019, the Fauquier County, Virginia Sheriff’s Office contacted the Cheektowaga Police Department regarding a 14 year-old-male from Virginia (Victim 1) who had been communicating through Instagram with a person utilizing Instagram account LEXIGURL1015. Victim 1, who was under the impression that LEXIGURL1015 was a teenage girl from California, sent pornographic images of himself to the account.
Subsequent investigation determined that the account belonged to the defendant, who is a substitute teacher and coach at a local high school. A search warrant was executed at the defendant’s Lehigh Street residence this morning. Investigators seized a laptop computer that contains several images constituting child pornography. Further investigation suggests that Gasiorek has been engaged in this sort of activity for several years.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and will be released on conditions.
Members of the public who have 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, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack.
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 Medical Practice Employee Charged with Stealing Controlled SubstancesRead 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 Shannon Lambert, 33, of Canandaigua, NY, was arrested and charged by criminal complaint with obtaining controlled substances by fraud. The charge carries a maximum penalty of four years in prison and a fine of $250,000.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that according to the complaint, between January 2018 and February 2019, Lambert worked at Cornerstone Eye Associates in Rochester, NY. As part of her employment, the defendant had access to an electronic prescription program which doctors at Cornerstone used to write and submit prescriptions to pharmacies on behalf of their patients. Lambert fraudulently accessed the program by logging in as a doctor who worked at Cornerstone, and then used the program to issue prescriptions for Schedule II and III controlled substances to herself and others who were not Cornerstone patients. These substances included Vicodin, Hydrocodone, and Oxycodone. Investigators reviewed prescription records and identified 73 fraudulent prescriptions issued by the defendant, totaling approximately 5,048 prescription pills. All such prescriptions were issued without the knowledge or authorization of a doctor, and were issued by Lambert without a legitimate medical purpose.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and was released on conditions. Further proceedings in this case are scheduled before Judge Payson on May 10, 2019, at 9:00 a.m.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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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U.S. Attorney's Office Observes National Crime Victims' Rights Week by Recognizing Victims and Those Who Advocate for VictimsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, NY--In observance of National Crime Victims’ Rights Week, April 7-13, 2019, U.S. Attorney James P. Kennedy, Jr. today recognized victims of crime and an organization that works tirelessly to assist those who are victimized. Honored today were:
• PATH (People Against Trafficking Humans) is a faith-based not-for-profit organization in WNY with a mission to end human trafficking through education, prevention, and restoration. PATH operates an Enrichment Center located in the City of Buffalo which offers therapeutic support services for women and children who are vulnerable, at risk or have been exploited through sex or labor trafficking. In addition, PATH is an active members of the Federal Human Trafficking Task Force.
• Barbara and Sigmund Szymanski have shown exceptional perseverance and determination as they deal with the tragic loss of their son who was the victim of a violent crime. Daniel “DJ” Szymanski was murdered on September 6, 2014, by Kingsmen Motorcycle Club member Andre Jenkins, at the direction of KMC National President David Pirk. Jenkins and Pirk were sentenced to serve life in prison for their convictions on RICO conspiracy.
• Also honored was the mother of a young woman lost to the opioid epidemic. She also has shown incredible resolve and persistence as she deals with the devastating overdose death of her daughter. Defendant Dontrell Wise who sold the fentanyl which led to the death of her daughter was convicted and sentenced to life in prison.
“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured.”
“At today’s ceremony, we honor victims of three of the threats which we here at the US Attorney’s Office work tirelessly to combat each and every day—violent crime, the opioid crisis, and human trafficking,” said U.S. Attorney Kennedy. “My message to the criminals who victimize others in our community by taking the lives of our loved ones is simple. If you take the life of another, then be prepared to give up you own. If you don’t believe me when I say that, then just ask Mr. Wise, Mr. Jenkins, and Mr. Pirk whether we mean it. Each of them took the life of another. Each of them will spend the rest of their life in jail.”
Each year in April, the Department of Justice and United States Attorneys’ offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorneys’ offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s theme is: Honoring Our Past. Creating Hope for the Future.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers.
More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Office Victim Witness Program at 716-843-5700.
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Armed Drug Trafficker Sentenced to More Than 8 Years in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Barry Whitaker, 41, of Rochester, NY, who was convicted of possession with intent to distribute heroin, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 106 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Whitaker was arrested following a police investigation by the Elmira Police Department which took officers to the area of West Third Street for a call of drug-related activity. Upon their arrival, the officers stopped a car that defendant was driving on Park Place in an area north of West Clinton Street. Smelling marijuana, officers ordered Whitaker and the other occupants out of the vehicle. Officers found a loaded .45 caliber semiautomatic pistol in the defendant’s waistband and marijuana in his coat pocket. Subsequently, officers also found Whitaker to have 75 small packages containing heroin, a bag of cocaine, and approximately $1,201.00 in United States currency. In a backpack in the trunk of the vehicle, the officers found a plastic bag containing approximately 21 grams of heroin, as well as more heroin packaged for distribution. They also found drug packaging material and items commonly seen in drug trafficking.
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 Elmira Police Department, under the direction of Chief Joseph Kane, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Former Kenmore Police Chief Sentenced for Possession of HydrocodoneRead 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 Peter Breitnauer, of Kenmore, NY, who was convicted of possession of hydrocodone, was sentenced to 12 months’ probation and a $1,000 fine by U.S. Magistrate Judge H. Kenneth Schroeder.
On October 5, 2018, FBI Special Agents asked the defendant about allegations that he had been diverting prescription pills from the NYS Medication Drop Box located at the Kenmore Police Station. Breitnauer admitted that he was unlawfully using hydrocodone, a Schedule II controlled substance, and had been taking hydrocodone pills from the box for his personal use. The defendant guided agents to a closet in his office, where he had stashed more than 100 hydrocodone pills that he had diverted from the drop box.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Batavia Man Charged with Transporting A Minor Across State Lines for SexRead 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 Guillermo Torres-Acevedo, 23, of Batavia, NY, was arrested and charged by criminal complaint with transporting a minor across state lines for sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $250,000 fine.
Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, state that according to the complaint, on November 29, 2018, the Genesee County Sheriff’s Office received a report regarding a missing 14 year-old girl (Victim 1). Surveillance video from Byron Bergen Junior/Senior High School showed Victim 1 exiting a school bus at the school and walking to a blue vehicle and leaving the property. Victim 1 had recently been romantically involved with the defendant. As a result of this, Torres-Acevedo was arrested and charged by the New York State Police three days prior on November 26, 2018, with 2nd Degree Rape and 2nd Degree Criminal Sex Act. An Order of Protection was also issued against the defendant.
Further investigation determined that on morning of November 29, 2018, Torres-Acevedo took his mother’s vehicle against her wishes. The vehicle matched the vehicle that Victim 1 was seen to get into in the surveillance video. As a result, an Amber Alert was issued.
Investigators traced Torres-Acevedo and Victim 1 to a truck stop in Pennsylvania. The Pennsylvania State Police were contacted and located Victim 1 and the defendant in the parking lot of a retail store. Torres-Acevedo was taken into custody, and Victim 1 was returned to her parents.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric Birkedahl, 32, of Rochester, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that Birkedahl was located by undercover FBI Agents while trading child pornography online. During the execution of a search warrant at his residence, the defendant was found to be in possession of approximately 3,613 images and 3,726 videos of child pornography on his desktop computer.
The plea is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for July 12, 2019, at 11:30 a.m. before Judge Geraci.
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Niagara Falls Man Sentenced for Selling HeroinRead 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 Mitchell, 38, of Niagara Falls, NY, who was convicted of conspiracy to possess with intent to distribute 100 grams or more of heroin, was sentenced to serve 78 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 2013 and September 2015, the defendant conspired with others sell heroin, fentanyl, and cocaine. Specifically, Mitchell received heroin, cocaine, and crack cocaine base from co-defendant Troy Gillon for distribution to other dealers in the Lockport and Niagara Falls area.
Mitchell was charged along with 16 others who were members of a transnational drug trafficking organization, led by Herman E. Aguirre, that utilized contacts and a source of supply whose territory included Mexico, Arizona, California, and elsewhere. The source of supply was the Sinaloa Cartel, led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada. was the leader of the organization. Other dispositions in the case include the following:
• Martha Aguirre was convicted following a jury trial and is awaiting sentencing;
• Juan Alfaro was convicted following a jury trial and is awaiting sentencing;
• Herman E. Aguirre was convicted following a jury trial and is awaiting sentencing;
• Troy R. Gillon was convicted following a jury trial and is awaiting sentencing;
• Jose Ruben Gil, a/k/a Unc, a/k/a Ruben Gil Campos, a/k/a Mayor of Mexico, was convicted and is awaiting sentencing;
• Sonia Hernandez, was convicted and is awaiting sentencing;
• Margaret Banuelos, a/k/a Lisa, was convicted and is awaiting sentencing;
• Darryl J. Williams, a/k/a D, was convicted and is awaiting sentencing;
• Trent Adair Hamilton, was convicted and is awaiting sentencing;
• Demetrius Yarborough, a/k/a Tu, was convicted and is awaiting sentencing;
• Rashawn Crule, a/k/a Black, a/k/a Shawn, was convicted and is awaiting sentencing;
• Maulana Lucas, a/k/a Big Daddy, a/k/a Shabazz, was convicted and is awaiting sentencing;
• Shirley Grigsby, was convicted and is awaiting sentencing;
• Ralik Hamilton; was convicted and is awaiting sentencing;
• Dion Cheatham, was convicted and is awaiting sentencing; and
• Joseph Thompson, a/k/a Jo-Jo, a/k/a Skools, a/k/a Skoolboy, convicted and sentenced.During the course of the investigation, law enforcement officers seized over $5,000,000 worth of illegal narcotics, including 52.5 kilograms of cocaine; 17.5 kilograms of heroin; and 8.5 kilograms of fentanyl. Using standard dosage amounts, the seized drugs potentially represented over 1,500,000 “hits” of cocaine, and 2,700,000 “hits” of heroin and considering that two milligrams of fentanyl can be a lethal dose, enough fentanyl potentially to kill over four million people.
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 Lockport Police Department, under the direction of Acting Chief Steven Preisch; and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.
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Rochester Man Charged with Sex Trafficking of Minors and AdultsRead 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 Quondall D. Davis, 24, of Rochester, NY, was arrested and charged by criminal complaint with sex trafficking of a minor and sex trafficking of an adult by force. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, the defendant was identified by investigators during an investigation into prostitution in Rochester. Officers were told that Davis, who goes by “Hot Dog,” would place an ad on the website “backpage.com.” Once a customer responded, “Hot Dog” would reach out to one of his girls and have them picked up by a driver. The complaint further states that “Hot Dog” would use his Facebook account to contact the girls. Following a date, the girls gave half of the profits to “Hot Dog.” Investigators also learned that girls would have sex with different guys in order to receive heroin. If the girls received heroin, they were to give all of it to “Hot Dog” but would not get any money in return.
Investigators reviewed Davis’s Facebook account and observed, among other items, a photo of a contact with the name “LongWay” with a mobile telephone number connected to an advertisement associated with prostitution in the Syracuse, NY.
The investigation has identified three minor victims and one adult victim who have been involved in prostitution activities with the defendant.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on April 11, 2019.
The complaint is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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 Woman Pleads Guilty for Her 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 Stacie N. Yancer, 39, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that between November 2017 and June 14, 2018, conspired with others to operate a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area.
On January 10, 2018, and March 8, 2018, the defendant sold methamphetamine to an individual working with the Jamestown Drug Task Force.
On March 12, 2018, a search warrant was executed at 22 Bassett Street in Jamestown. During the search, the defendant was located in the back bedroom of 22 Bassett Street, Jamestown, NY. During the search, investigators recovered quantities of methamphetamine and cocaine; and Suboxone strips.
The defendant was charged along with 14 other defendants. She is the second to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, 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.
Sentencing is scheduled for August 16, 2019, at 10:30 a.m. before Judge Vilardo
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Buffalo Man Indicted by Federal Grand Jury on Multiple Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Craig Lester, 32, of Buffalo, NY, with narcotics conspiracy; possession with intent to distribute, and distribution of, heroin, butyryl fentanyl, U-47700, and cocaine; and using and maintaining a drug premises. The charges carry a maximum penalty of 40 years in prison and a $5,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that according to the indictment, between March and May 2017, the defendant conspired with others to possess and distribute multiple controlled substances, including heroin, butyryl fentanyl, U-47700, and cocaine. In addition, the defendant is accused of using 28 Echols Lane in Buffalo to store and distribute heroin, butyryl fentanyl, and U-47700.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on April 18, 2019, at 10:30 a.m.
The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Wayne County Man Arrested on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Holsey Wedlow, 65, of Sodus, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years, a life term of supervised release, and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the complaint, between September 19 and December 13, 2018, the defendant purchased cocaine on three separate occasions from individuals working with the Wayne County Sheriff’s Office and the Drug Enforcement Administration.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held without bail.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts; and the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Steuben County Man Arrested, Charged with Threatening to Kill A U.S. CongresswomanRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick W. Carlineo, Jr., 55, of Addison, NY, was arrested and charged by criminal complaint with threatening to assault and murder a United States official. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, on March 21, 2019, at approximately 12:20 p.m., a telephone call was received by a staff member for Minnesota Congresswoman Ilhan Omar. During the call, an individual, eventually identified as the defendant, stated to the staff member, “Do you work for the Muslim Brotherhood? Why are you working for her, she's a (expletive) terrorist. I’ll put a bullet in her (expletive) skull.”
After receiving the call, the threat was referred to the United States Capitol Police, Threat Assessment Section, who began an investigation in coordination with the FBI.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on April 10, 2019, at 10:30 a.m.The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the United States Capitol Police, under the direction of Matthew R. Verderosa.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Sentenced Following Fentanyl and Gun ConvictionRead 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 Devonte Mitchell, 21, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 75 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated the defendant’s arrest followed a search of his residence by the Monroe County Probation Department. During the search, probation officers recovered a quantity of fentanyl packaged for sale and a loaded firearm. At the time of his arrest, Mitchell was on probation for a Criminal Possession of a Controlled Substance in the Fifth Degree conviction.
The sentencing is the result of an investigation by the Monroe County Probation Department, under the direction of Chief Probation Officer Larry Mattle, the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Buffalo Man Convicted Following Jury Trail Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Isiah Pierce, 35, of Buffalo, NY, who was convicted following a federal jury trial of possession with intent to distribute crack cocaine, possession with intent to distribute cocaine, fentanyl, and butryl fentanyl, maintaining a drug involved premises, possession of firearms in furtherance of drug trafficking activities, and being a felon in possession of firearms and explosives, was sentenced to serve 168 months by U.S. District Judge Lawrence J. Vilardo, Jr.
Assistant U.S. Attorneys Laura A. Higgins and Paul E. Bonanno, who handled the case, stated that between November 2016 and December 1, 2016, Pierce and co-defendant Larry Willis utilized two apartments inside 70 Henrietta Avenue in Buffalo to manufacture, package, and store quantities of crack cocaine, heroin, cocaine, fentanyl, and butyryl fentanyl, along with the proceeds for sale of such controlled substances. To protect their product and their proceeds, the defendants maintained multiple firearms and ammunition within each of the apartments.
During the execution of a search warrant in the lower apartment at 70 Henrietta Avenue, officers recovered crack cocaine, three firearms and ammunition, a digital scale with drug residue, packaging material, whisks, spoons, and cutting agents. A subsequent search of the upper apartment uncovered additional amounts of crack cocaine, a mixture of heroin and butyryl fentanyl, three handguns and numerous rounds of ammunition.
Defendant Willis was also convicted at trial and was sentenced to serve 210 months in prison.
The sentencing is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, and the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
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Buffalo Couple Arrested, Charged with 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 Billy D. Henderson, 39, and Denise Porter, 31, both of Buffalo, NY, were arrested and charged by criminal complaint with: possession with intent to distribute controlled substances; distribution of controlled substances; maintaining a drug involved premises; and manufacturing controlled substances creating a substantial risk of harm to human life. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the complaint, on April 3, 2019, members of the Erie County Sheriff’s Office Narcotics Squad and the Buffalo Police Department Narcotics and Intelligence Squads executed a state search warrant at 50 Newton Street in Buffalo. Officers seized a large quantity of suspected fentanyl; a digital scale with narcotics residue; a drug press; approximately $7,000 in United States currency; ammunition; packaging material for narcotics distribution; and a heat sealer.
The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being held pending a detention hearing in April 8, 2019, at 10:00 a.m.
The complaint is the culmination of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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