Western District of New York
Press releases recorded for this federal judicial district.
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. - James P. Kennedy, Jr. today that announced today that two more members of the Kingsmen Motorcycle Club (KMC), who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford. Thomas Koszuta was sentenced to serve 57 months in prison, and Robert Osborne was sentenced to time served and three years supervised release.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling 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 Koszuta further admitted that the Kingsmen operated by a strict chain of command serving under the direction of Kingsmen National President, David Pirk. On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. While others possessed firearms, the defendant struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood. Also, on August 3, 2013, the defendant and other Kingsmen members conducted a drive-by shooting targeting former Springville Kingsmen members. Two shots were fired from a shotgun, one of which struck a vehicle parked near one of the targeted victims.
Defendant Osborne was at various times a KMC Olean Chapter President, Vice President, and regular full-patch KMC member. In September 2014, he erased video footage that showed member Andre Jenkins inside the Olean Chapter clubhouse both days before and after Jenkins murdered KMC members Paul Maue and Daniel "DJ" Szymanski behind the North Tonawanda Chapter clubhouse on September 6, 2014.
In December 2014, Osborne and Emmett Green assaulted a fellow KMC member by punching the victim repeatedly for violating KMC rules by stealing money from the Olean Chapter clubhouse.
A total of 16 defendants were charged and convicted in this case, including KMC National President David Pirk and Andrew Jenkins who were each sentenced to serve multiple terms of life in prison.
Today’s sentencings are the culmination of an investigation led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier
Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.
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Ontario Woman Pleads Guilty for Her Role in Financial Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sheila Offor, 41, of Scarborough, Ontario, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that between July 2005 and May 2011, the defendant and others conspired to defraud individuals seeking loans and to obtain money from these individuals seeking loans.In furtherance of the scheme, a number of individuals established websites for fictitious financial services companies offering to arrange loans to U.S. residents with credit problems. Applicants provided their names, phone numbers, state of residence, requested loan amount, and approximate credit scores. Applicants were then contacted by persons posing as company representatives and told that a lender would be contacted for approval. When informed that a loan was arranged, applicants were instructed to sign and return a loan agreement, provide bank account information, and pay an “insurance deposit” for the lender to process the loan. Applicants were provided wire instructions for the lender’s “insurance deposit,” including the name of the company representative (payee), the amount, date, and Western Union location.
Offor served as a payee in this scheme and traveled from Canada to the United States, picked up wired funds, and transported them back to Canada. The monies were then delivered to other individuals who were managing the scheme. Applicants never received the loans, but they were often coerced into making multiple deposits under various pretexts.
In total, the defendant received $134,172.60 in fraudulent “insurance deposits” from 77 different victims.
Today’s plea is the culmination of an investigation on the part of Special Agents of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Canada Border Services Agency; and the Federal Trade Commission.
Sentencing is scheduled for July 24, 2019, at 1:00 p.m. before Judge Wolford.
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Greece Man Charged with Lying to the FBIRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Alonzo Bolin, a/k/a Peter Vincent, 22, of Greece, NY, was charged by criminal complaint with making a false statement to the FBI. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, in March 2019, the FBI began investigating the defendant for potential federal civil rights and firearms violations.
The FBI obtained records relating to a Facebook account utilized by Bolin under the alias “Peter Vincent.” Those records revealed that the defendant belongs to multiple Facebook groups, such as Skinheads CZ/SK, which includes members who currently and historically have expressed support for a white supremacist ideology. In March of 2019, Bolin, in posts and messages, made statements consistent with white supremacist ideology and referenced the attacks on two mosques in Christchurch, New Zealand, which killed 50 worshippers and civilians, and injured 50 others.
On March 30, 2019, the FBI interviewed the defendant. The complaint states that Bolin admitted to sharing the video of the Christchurch attacks and the link for the gunman's manifesto but denied ever possessing a gun while in New York State. During a subsequent search of a bedroom and storage closet that Bolin is renting at a residence in Greece, investigators recovered a firearm and ammunition.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Sentenced to Prison for Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Zak, 41, of Buffalo, NY, who was convicted of receipt of child pornography, was sentenced to 72 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in September 2015, Federal Agents searched Zak’s residence after determining he had accessed a site on the dark web dedicated to the exploitation of children. Agents seized various electronics, and a forensic examination revealed that the defendant was in possession of over 100,000 images and videos of child pornography. Zak was released on bail, and in March 2017, was again found in possession of over 500 images of child pornography.
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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Buffalo Man Pleads Guilty to Illegal Gun Possession ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Errick Roseboro, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to being a person prohibited from possessing a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that on October 21, 2018, the Buffalo Police Department stopped the defendant’s vehicle for a traffic infraction. Officers found Roseboro in possession of a loaded firearm and marijuana. Subsequent investigation determined that that the defendant was a habitual user of marijuana. As such, he is prohibited from possessing a firearm.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for August 19, 2019, before Judge Vilardo.
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Four Kingsmen Motorcycle Club Members Sentenced for RICO ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - James P. Kennedy, Jr. today that announced today that four members of the Kingsmen Motorcycle Club (KMC), who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford:
• Jimmy Ray Fritts was sentenced to serve 87 months in prison;
• Filip Caruso was sentenced to serve 70 months in prison;
• Ryan Myrtle was sentenced to time served, three years supervised release to include six months home detention, and 150 hours of community service; and
• Emmett Green was sentenced to time served and two years supervised release.Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that the defendants admitted to being members 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 witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence.
Defendant Fritts was at various times a KMC Tennessee Moonshine Chapter President. Fritts worked with other KMC members, including Andre Jenkins, to obtain cocaine from a bar in Deland, Florida, and he distributed cocaine in KMC clubhouses and at KMC events in Tennessee, Florida, New York, and Pennsylvania. Fritts also possessed a cache of firearms, to include handguns, rifles, and shotguns.
On July 15, 2015, Fritts testified falsely and evasively about material facts before a federal Grand Jury in the Western District of New York, specifically regarding: the circumstances under which he loaned his motorcycle to Andre Jenkins, a/k/a Little Bear, to travel from Tennessee to New York; what other person was with him when he loaned his motorcycle to Jenkins; where he was when he provided the motorcycle to Jenkins; the circumstances under which Jenkins traveled back to Tennessee from New York to return his motorcycle; whether Jenkins was threatened upon his return to the KMC Tennessee Chapter; and who he met with, and what was discussed, the night before his federal Grand Jury testimony on July 15, 2015.Fritts further admitted that his participation in this conspiracy included his agreement that acts involving murder would be committed by members of the KMC. Specifically, the defendant met with David Pirk, Andre Jenkins, and "Drifter" in the Tennessee KMC Chapter clubhouse and discussed and agreed that Andre Jenkins was going to travel from Tennessee to New York to commit the murder of Filip Caruso and to investigate "leakers" within the KMC suspected of providing information to rivals. Prior to this meeting, Fritts provided a loaded 9mm Glock semi-automatic firearm to Andre Jenkins. On September 6, 2014, Andre Jenkins shot and killed KMC members Paul Maue and Daniel Szymanski behind the North Tonawanda Kingsmen Clubhouse on Oliver Street in North Tonawanda, NY. Jenkins, in committing the murders, was acting under the direction and supervision of David Pirk, who authorized the murders. Following the murders, Fritts made arrangements to help Jenkins flee New York and return to Tennessee.
When Jenkins returned to Tennessee on September 7, 2014, the Tennessee KMC members, who at that time were unaware that Pirk had sanctioned the murders of Maue and Szymanski, were armed with firearms and prepared to kill Jenkins until David Pirk, while speaking on the phone with the Tennessee KMC members, directed the Tennessee KMC Moonshine Chapter members to "stand down" and not harm Jenkins. As time went by, eventually one of the Tennessee KMC members, D.S., who was present when Jenkins returned from New York to Tennessee, was kicked out of the KMC Tennessee Chapter for using heroin, a drug prohibited by the KMC. The KMC determine that D.S. was compromised and should be killed because of the incriminating information he possessed regarding the KMC's role in the murders and Paul Maue and Daniel Szymanski. Fritts and other Tennessee KMC Chapter members agreed to kill D.S., provided Jenkins with a firearm, and instructed Jenkins to kill D.S. Jenkins agreed to kill D.S. Jenkins was subsequently arrested in the State of Georgia with the firearm provided to him by members of the Tennessee KMC Chapter on about October 10, 2014.
Defendant Caruso, a/k/a Filly, was a member of the KMC at various times between 2009 and mid to late August of 2014. In January 2014, Caruso and another KMC member from the Western District of New York traveled to Florida. While Caruso was in Florida, David Pirk and Timothy Enix, KMC Florida Regional President, wanted his help to retrieve KMC property that was in the possession of former KMC members who had jumped patch to a rival motorcycle club in Florida. KMC members, including Caruso, Pirk, Enix, Andre Jenkins, and others obtained and possessed various firearms and engaged in discussions about how to retrieve their property from the former KMC members. During the course of these group discussions, it was agreed upon that they would recover their property by any means necessary, which included killing or kidnapping the former KMC members in order to get back KMC property. In August 2014, Caruso and another KMC member punched and struck a fellow KMC member with a pool cue inside the Niagara Falls Chapter clubhouse.
On June 7, 2013, KMC forcibly shut down the Springville Chapter and stripped members of their colors because they were deemed non-compliant. Defendant Myrtle participated in the forced shutdown during which other KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood. In addition, on September 21, 2012, Myrtle participated in a drive-by shooting in order to retaliate against a former KMC member who assaulted a KMC Regional President. On that date, two car loads of KMC members, including the defendant, drove to the residence of the person in the Riverside section of Buffalo and opened fire at the residence. No injuries were reported.
In December 2014, defendant Green and co-defendant Robert Osborne, Jr., and others, assaulted a former Kingsmen for breaking club rules by punching the victim repeatedly in the body and chest and knocking him to the ground.
A total of 16 defendants were charged and convicted in this case, including KMC National President David Pirk and Andrew Jenkins who were each sentenced to serve multiple terms of life in prison.
Today’s sentencings are the culmination of an investigation led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.
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Former Owner of Local Nursing Homes Sentenced on Bank Theft and Tax 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 Marc I. Korn, 62, of East Amherst, NY, who was convicted of bank theft and willful failure to pay tax, was sentenced to serve 18 months in prison by Senior U.S. District Judge William S. Skretny. The defendant will also pay over $2,500,000 in restitution to three different private entities along with approximately $850,000 to the Internal Revenue Service.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Korn was the former owner of the Batavia Nursing Home in Batavia, NY, and the Fairchild Manor Nursing Home in Lewiston, NY. The defendant committed bank theft in connection with his actions concerning a credit card and loan from Fifth Third Bank. He also failed to pay over employment taxes related to his nursing homes over three quarters in 2009.
In 2008, Korn sought a loan to refinance the Batavia Nursing Home from Fifth Third Bank. In June 2008, Fifth Third Bank provided $3,900,000 to refinance the nursing home and provided the defendant with a credit card. As part of the application for the loan, Korn submitted a personal financial statement and guaranty on which the bank relied when underwriting the loan. The statement contained numerous falsehoods, including the overvaluation of his primary residence. The defendant stated that the property was valued at $1,465,000 when, at the same time, he was contesting its value with the Town of Amherst for purposes of property taxes, alleging it was worth between $500,000 and $550,000. Additionally, Korn provided the bank with statements of bank accounts that he claimed to own. However those statements also contained falsehoods – including one statement in which the defendant claimed ownership of an account containing $50,000 in February 2008, when the account actually contained $1.00 and belonged to someone else. The loan and payments on the credit card went into default, and Fifth Third Bank lost more than $2,400,000.
Prior to March 2009, for both Batavia Nursing Home and Fairchild Manor Nursing Home, Korn used a service to collect and pay over employment taxes owed. However, beginning in March 2009, the defendant ceased using the service and subsequently intentionally failed to pay to the IRS employment taxes owed for the second, third and fourth quarters of 2009. Instead of paying the taxes owed to the IRS, Korn spent the funds on personal expenses including restaurants, hockey tickets, jewelry, and to pay his children’s college tuition.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.
Final Defendant Sentenced in Major Elmira Heroin Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Scott Washington, a/k/a Body, a/k/a Addy, 31, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute 100 grams or more of heroin, was sentenced to serve 10 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr. Washington was also ordered to forfeit a .40 caliber handgun and rounds of ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Washington and other members of the conspiracy were responsible for distribution of heroin obtained in Trenton, NJ that was transported to Wilkes-Barres, Pennsylvania, where the heroin was stored, processed, and packaged before being transported to Elmira, where it was sold through multiple distributors in the Elmira area.
On September 28, 2016, law enforcement officers arrested Washington, along with Israel Cedeno-Martinez, Mark Jones, Jr., Mark Jones, Sr., a/k/a Pimp Juice, a/k/a Juice, Marcel Jones, a/k/a Cell, a/k/a Bug, Andrew Woodhouse, a/k/a Woody, and Tanner Rios, a/k/a Ree, on federal narcotics conspiracy charges. That same day, officers raided numerous locations in Elmira, Wilkes-Barre, and Cedeno-Martinez’s residence in Trenton. During the course of the investigation, officers seized six handguns, numerous rounds of ammunition, paraphernalia for the processing and packaging of heroin, over $9,500 in U.S. currency, and over 600 bags of heroin packaged for street sale.
All seven defendants have been convicted and sentenced.The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, under the direction of Major Eric Laughton; the Elmira Police Department, under the direction of Chief Joseph Kane; the Chemung County District Attorney’s Office, under the direction of Weedon Whetmore; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge John B. Devito; the Elmira Heights Police Department, under the direction of Chief Robert N. Hauptman; the Horseheads Police Department, under the direction of Chief Thomas Stickler; and the Chemung County Sheriff’s Department, under the direction of Acting Sheriff William A. Schrom.
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Buffalo Man Pleads Guilty to Selling Heroin and Gun 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 Jose O. Felix, 38, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession with intent to distribute 100 grams or more of heroin, and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who are handling the case, stated that on July 11, 2018, the DEA conducted a controlled purchase of heroin from the defendant. On July 19, 2018, a federal search warrant was executed at Felix’s residence at the Marine Drive Apartments in Buffalo. During the search, investigators recovered quantities of controlled substances, four firearms, ammunition, and $192,614 in U.S. currency, along with multiple drug ledger notebooks, cutting agents, and a money counter.
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 31, 2019, before Judge Skretny.
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Two Brothers Sentenced for Operating A Marijuana RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Green, 33, of San Francisco, CA, and his brother Charles Green, 30, of Long Island City, NY, who were convicted of conspiracy to possess with intent to distribute, and to distribute, 50 kilograms or more of marijuana and conspiracy to commit money laundering, were sentenced to serve 48 months and 27 months respectively in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that between January 2010 and March 2014, Alexander Green obtained significant quantities of marijuana from the State of California and was shipping allotments to his brother Charles Green in New York City. Once the marijuana arrived on the East Coast, marijuana was subsequently transported upstate for distribution to customers in the Rochester area. The marijuana was transported either by Charles Green or by several individuals working on his behalf. Both defendants admitted that at least 100 kilograms of marijuana was involved in their drug trafficking enterprise. Charles and Alexander Green set the pricing of the marijuana. Once the marijuana was received in Rochester, it was then distributed to various customers located in the Rochester area.
As part of the investigation, law enforcement officers seized $221,344 from Alexander Green. Specifically, $1,100 in cash was seized from Alexander Green in March 2011 in Jackson County, Oregon, along with five pounds of marijuana from the car he was driving; $99,914 in cash was seized from a car in which Alexander Green was a passenger in November 2013 in Ukiah, California; and $120,330 in cash was seized from Alexander Green at the San Francisco Airport in January 2014. Those sums of currency, totaling $221,344, were forfeited as marijuana trafficking proceeds, as was $50,000 surrendered by Alexander Green and $50,000 surrendered by $50,000 by Charles Green prior to their sentencings. In total, $321,344 in drug proceeds was forfeited by the defendants.
The sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Rochester Man Pleads Guilty to Sexually Exploiting A ChildRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. U.S. Attorney James P. Kennedy, Jr. announced today that John Kohlmeier, 38, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to coercion and enticement of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, and a maximum of life.Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that between February 2018 and March 19, 2018, the defendant and co-defendant Bonnie Hughes sexually abused a 10-year-old girl. During that time, Kohlmeier and Hughes together engaged in illegal sexual contact with the minor victim on numerous occasions. These instances of abuse occurred at 130 Milford Street in Rochester, always with Hughes present and, in some instances, participating.
Hughes took two sexually explicit pictures of the minor victim using the minor victim’s cell phone and sent them to Kohlmeier.
Also between February 2018 and March 19, 2018, the defendant used a cell phone to entice and attempt to entice the minor victim into have sexual conduct with the defendant by texting with Hughes. In addition, on March 19, 2018, forced the minor to engage in a sexual act.
Kohlmeier was recently convicted in New York State Court.
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 Greece Police Department, under the direction of Chief Patrick D. Phelan, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for June 24, 2019, at 9:15 a.m. before Judge Siragusa.
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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 Scott Wilbert, 47, of Rochester, NY, pleaded guilty before U.S. Magistrate Judge Jonathan W. Feldman to possession of child pornography. According to the plea agreement, the defendant will be sentenced to serve 15 years in prison.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that the FBI Child Exploitation Task Force identified Wilbert sending child pornography from his computer web camera to another user of an online chat site. As a result, the New York State Police began to investigate the defendant, who was identified as a registered sex offender from a prior conviction for sexual abuse of a child.
In February 2016, officers executed a search warrant at Wilbert’s residence on Garson Avenue in Rochester and seized a laptop computer and SD cards containing thousands of images and videos of child pornography. A forensic examination of the computer and SD cards recovered sexually explicit photographs of prepubescent children, some as young as toddlers.
The plea is the culmination of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Gary Loeffert.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Sentencing will be scheduled at a later date before U.S. District Judge David G. Larimer.
Indiana Man Sentenced to 10 Years in Prison on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derek Carlson, 30, of Lafayette, Indiana, who was convicted of distribution of child pornography, was sentenced to serve 10 years in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that on September 28, 2017, the defendant sent a private message via Kik Messenger, to an undercover officer containing images of child pornography, including a prepubescent child involved in a sexual situation with an adult. During the following months, Carlson continued to send the undercover officer similar images and videos containing child pornography. Some of the videos and images depicted prepubescent children engaged in sexual conduct with adults, and children subjected to violent abuse.
On April 25, 2018, law enforcement officers executed a search warrant at the defendant’s residence and seized multiple electronic devices, which contained approximately 320 videos and 452 images depicting child pornography.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Pennsylvania Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jason Girven, 37, of Sugar Run, Pennsylvania, who was convicted of attempted receipt of child pornography, was sentenced to serve 70 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between June 2017 and July 31, 2018, the defendant contacted an undercover New York State Police Investigator posing as a 13-year-old minor female using an online social networking application. Girven and the agent engaged in conversations, some of which were sexual in nature. During this time period, the defendant received child pornography.
On July 31, 2018, the defendant traveled to Horseheads, NY to meet who he believed was the 13-year-old minor female.The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
City Councilman Pleads Guilty to Wire Fraud and Filing A False Tax ReturnRead 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 Adam C. McFadden pleaded guilty to wire fraud and filing a false tax return before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that McFadden was a member of the Rochester City Council, while co-defendant George H. Moses is the former Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), which provides housing opportunities and services for the Rochester community and a board member of the Rochester Housing Charities (RHC), an entity that was formed and created to advance the purposes of RHA.
Prior to May 12, 2015, McFadden contacted Capital Connection Partners LLC (CCP), an alleged consulting firm in Washington D.C., to discuss RHC hiring CCP to provide RHC with various services. McFadden advised CCP that he would provide most of the services required by RHC as a subcontractor and that he wanted CCP to act merely as a pass through, meaning, he wanted CCP to pay to him most of the funds CCP received from any future contract with Rochester Housing Charities. McFadden discussed this arrangement with co-defendant George Moses.
On May 15, 2015, McFadden emailed CCP a draft of the contract he wanted CCP to enter with RHC along with a draft of the pass-through agreement he wanted to enter into with CCP. On May 28, 2015, McFadden emailed these drafts to George Moses as well.
On June 19, 2015, McFadden created minutes of an RHC board meeting held on May 12, 2015. The minutes falsely stated: that RHC had contacted three vendors by telephone; that a Request for Qualifications was sent to the three vendors; that the three vendors provided bid proposals containing amounts; and that RHC selected CCP as the winning bidder. On July 7, 2015, RHC entered into a one-year $87,500.00 contract with CCP.
On July 8, 2015, the defendant, on behalf of his company, Caesar Development LLC, executed a contract with CCP entitled the Pass Through Funding and Services Agreement, which provided that CCP would pass through 75% of the funds it received from RHC to Caesar Development LLC.
On August 3, 2015, the RHA, on behalf of RHC, wire transferred a first installment payment of $43,750.00 from Rochester to CCP in Washington, D.C. On August 8, 2015, CCP paid $32,812.50 to Caesar Development LLC in Rochester, which represented 75% of the funds CCP received under the terms of its contract with RHC.
On December 18, 2015, McFadden prepared and emailed to CCP inserts which were to be placed on a revised CCP invoice that was to be sent to the RHC. Those inserts falsely alleged that CCP had performed certain services under the contract. Specifically, the inserts falsely alleged or grossly exaggerated that CCP had, among other things, provided the following services: prepared and submitted multiple grants for local funding; researched laundry business development; researched summer and after-school program development for school aged children; provided administrative support to RHC for nine months; and created a partnership with The Roberts Companies to manage cell lease buyout negotiations.
A revised invoice containing the inserts was sent to RHC, and as a result, RHC, on December 24, 2015, transferred the final installment payment totaling $43,750.00 from Rochester to CCP in Washington, D.C. On December 26, 2015, CCP wire transferred $32,812.50 from Washington, D.C. to Caesar Development LLC, which represented 75% of the funds CCP received under the terms of the contract between RHC and CCP.
In addition for the tax years 2015 through 2017, McFadden provided false information on his personal tax returns. McFadden reported false deductions, including personal expenses, on his Schedule C, which falsely reduced his taxable income. For example, McFadden reported rent expense as deductions on each return when in fact he had not paid rent. The reduction in the defendant’s taxable income resulted in the approximate tax loss of $46,865.
“Dishonest and self-indulgent people have no place in elected office at any level of government,” stated U.S. Attorney Kennedy. “Individuals like Mr. McFadden seem to forget that ‘public service’ is not synonymous with ‘public-money self-service.’ This Office will continue to seek out and to bring to justice those public officials who elevate their own personal financial interests above the interests of the public that they serve.”
“Today's plea doesn't mean our work is done, the FBI and our partners remain committed to routing out public corruption in Rochester and throughout the Western New York community,” said Supervisory Special Agent Jeremy Bell. “We ask public officials everywhere to think twice before abusing the community's trust.”
HUD OIG Special Agent-in-Charge Geary stated, “At such a critical time for the Department of Housing and Urban Development, with programs that are vital to the well-being of so many in our communities, it is critical that those entrusted to public service are completely dedicated to those in need. The HUD Office of Inspector General is committed to partnering with Federal prosecutors and fellow law enforcement to aggressively pursue those engaged in activities that harm HUD’s Public Housing programs.”
“Today’s plea illustrates IRS Criminal Investigation’s commitment to holding public officials accountable for undermining the tax laws of the United States and violating public trust”, said Acting Special Agent-in-Charge Jonathan D. Larsen. “The deliberate failure of Mr. McFadden to report and pay taxes on income through the use of fraudulent deductions is a serious matter and cannot be tolerated by the IRS or the public he has a duty to serve.”
Charges remain pending against co-defendant George H. Moses. 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 Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for June 27, 2019, at 3:00 p.m. before Judge Wolford.
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Buffalo Man Sentenced on 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 Erick Pizarro, 37, of Buffalo, NY, who was convicted of possession of firearms in furtherance of a drug trafficking crime and being a felon in possession of a firearm, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on June 9, 2015, the Buffalo and Lackawanna Police Departments a search warrant at the defendant’s Schuele Avenue residence. Officers recovered bags of heroin, a digital scale with heroin residue, a sifter with heroin residue, a spoon with heroin residue, a bottle of cutting agent, ammunition, and a loaded firearm.
On April 9, 2003, Pizarro was convicted of Attempted Robbery in the Second Degree in Erie County Court and sentenced to 30 months in prison. As a result, he is legally prohibited from possessing a firearm.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Lackawanna Police Department, under the direction of Chief James Michel.Kenyan Man 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 Fuwad Twalib Nassir, 29, of Mombasa, Kenya, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to making a material false statement to law enforcement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on April 2, 2018, the U.S. Department of State granted the defendant a C-1/D Crewmember in Transit visa in order for Nassir to work aboard a cruise ship that intended to dock in the United States. Among other conditions, a C-1/D visa holder must abide by the employer’s terms and conditions in order to possess a valid visa.
On October 4, 2018, while working aboard the cruise ship, the defendant entered the United States in Port Canaveral, Florida via the visa. However, on October 21, 2018, the U.S. Department of State cancelled Nassir’s visa after he failed to return to work on the ship. A few days later, on October 23, 2018, U.S. Customs and Border Protection officers encountered the defendant as he attempted to enter Canada at the Niagara Falls port of entry. Nassir was taken into custody.
Subsequently, on October 25, 2018, and again on January 22, 2019, during interviews with the Federal Bureau of Investigation, the defendant stated that after he failed to return to the boat in Port Canaveral, he paid a stranger to drive him from Florida to Niagara Falls. The FBI’s investigation determined, however, that Nassir unlawfully traveled from Florida to New York with three individuals, all of whom were familiar to him.
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 U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
Sentencing is scheduled for August 5, 2019, at 9:30 a.m. before Judge Vilardo.
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Rochester Man Pleads Guilty to Heroin Possession and Being A Felon in Possession of A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Delisio, 47, of Rochester, NY, pleaded guilty to possession of heroin with intent to distribute and possession of a firearm and ammunition by a convicted felon before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant sold heroin between September 29, 2017, and April 11, 2018 to individuals working with the Drug Enforcement Administration. Delisio was arrested on April 11, 2018, following a vehicle stop. The defendant had approximately $34,650 in cash in his possession and officers found a bottle in the vehicle containing residue of suspected heroin, scales which are commonly used to process narcotics for distribution, and a .22 caliber Ruger handgun.
During a subsequent search of Delisio’s residence, officers recovered three more firearms and ammunition. The defendant was previously convicted in Wayne County Court in 2013 of Criminal Possession of a Controlled Substance in the Fourth Degree; in 2009 of Criminal Sale of a Controlled Substance in the Fifth Degree; and in 2002 of Burglary in the Third Degree. As a result, Delisio is legally prohibited from possessing a firearm and ammunition.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts.Sentencing is scheduled for June 26, 2019, at 4:00 p.m. before Judge Wolford.
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Orchard Park Man Arrested on 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 Felix Calderon-Valcarcel, 28, of Orchard Park, NY, was arrested and charged by criminal complaint with possession with the intent to distribute, and distribution of, five kilograms or more of cocaine, maintaining a drug-involved premises, possessing of a firearm in furtherance of a drug trafficking crime, and possessing of a firearm as a convicted felon. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, in September of 2018, members of the U.S. Postal Inspection Service intercepted a suspicious parcel of mail addressed to 179 East Abbott Grove Avenue in Orchard Park, NY, which is the defendant’s residence. On September 24, 2018, inspectors executed a federal search warrant of the parcel which was determined to contain cocaine. In February 2019, another suspicious parcel addressed to 179 East Abbott Grove Avenue in Orchard Park was intercepted, and again it contained suspected cocaine.
On March 26, 2019, investigators approached Calderon-Valcarcel who was in a silver Toyota Camry parked near the intersection of Stevenson Street and Cumberland Avenue in Buffalo. The defendant was observed counting a large quantity of U.S. currency. Calderon-Valcarcel was taken into custody. During a search of the car, investigators recovered a kilogram of suspected cocaine in the trunk of the vehicle.
Subsequently, a search warrant was executed at the Calderon-Valcarcel’s East Abbott Grove Avenue residence. Seized during the search warrant were four kilograms of suspected cocaine and a 9mm caliber handgun.
The defendant was previously convicted in 2015 in Erie County Court of Criminal Possession of a Controlled Substance in the Second Degree, a Class A-II felony. As a result, Calderon-Valcarcel is legally prohibited from possessing a firearm.
The defendant will make an initial appearance on March 28, 2019, at 11:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; The Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Orchard Park Police Department, under the direction of Acting Chief E. Joseph Wehrfritz; the Lackawanna Police Department, under the direction of Chief James Michel; and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
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 Photographer Facing Additional Charge of Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that the criminal complaint against Delshawn K. Trueheart, 43, of Buffalo, NY, has been amended to include an additional charge of production of child pornography. The defendant was arrested and charged by criminal complaint on March 20, 2019, with possession of child pornography. Production of child pornography carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the amended complaint, on March 26, 2019, investigators reviewed an SD card seized from Trueheart’s residence during the execution of a federal search warrant. The SD card contained a video showing minor victim 1 naked in the defendant’s East Delavan Avenue photography studio while Trueheart took video of her.
Investigators also reviewed a thumb drive, which was seized at the photography studio during the execution of a federal search warrant. The thumb drive also contained a video which showed minor victim 1 and minor victim 2 removing their clothing and engaging in a sexual act. The video also contained other incidents of sexual activity involving the minor victims.
In March 2019, minor victim 1 reported to the Buffalo Police Department that Trueheart had a sexual relationship with her while she was between 15 and 17 years of age. Minor victim 1 stated that she had sexual relations with him at both his residence and his photography studio. The victim also reported that Trueheart took nude images of her and recorded them engaged in sexual intercourse.
A detention hearing is scheduled for March 28, 2019, at 9:30 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The amended criminal complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to Selling Heroin and 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 Marcos 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 charges carry a maximum penalty 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 of 2018 and May of 2018, the defendant and others conspired to distribute amounts of controlled substances. Specifically, on six separate occasions, Mueses and others sold amounts of controlled substances to an individual working with the Drug Enforcement Administration. Subsequent testing determined the substances contained heroin, butyryl fentanyl, and 4-fluoroisobutyryl fentanyl.
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 June 20, 2019, at 3:00 p.m. before Judge Geraci.
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Federal Jury Convicts Two Defendants of Narcotics and Money Laundering ConspiraciesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Martha Aguirre, 47, of Orange, California, and Juan Alfaro, 54, of Hacienda, California, of narcotics conspiracy and money laundering conspiracy. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorneys Patricia Astorga and Wei Xiang, who handled the trial, stated that the defendants were members of a transnational drug trafficking organization 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. Martha Aguirre’s brother Herman E. Aguirre was the leader of the organization.
Martha Aguirre and Alfaro used “front” companies to launder over $12,000,000 in drug proceeds from Buffalo to Los Angeles, including Triton Foods, Inc. and Kamora Investment Enterprises, Inc., which were located in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, NY, but proved to be completely fake.
Using these companies, the defendants disguised kilogram quantities of heroin, fentanyl, and cocaine described on invoice and other documents as “Sea Cucumbers.” The local organization trafficked thousands of kilograms of illegal narcotics throughout the United States, including Lockport, Niagara Falls, and Buffalo.
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 fentanylUsing 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.
Martha Aguirre and Alfaro were indicted along with 15 others including:
• 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;
• Michael Paul Mitchell, 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.“Today’s verdict represents the coup de grace in the demise of a once flourishing, multi-million dollar, international drug trafficking conspiracy,” noted U.S. Attorney Kennedy. “The volume of drugs moved by this organization endangered the health and welfare of countless Americans, including many here in Western New York. I commend the work of the federal, state, and local law enforcement officers from across our country who, together with the tremendous prosecutors in this Office, worked tirelessly to deliver justice to 17 individuals who sought to deliver poison throughout our Nation.”
The verdict is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special-Agent-in Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Montebello, California Police Department, the Nebraska State Patrol, and the DEA, Los Angeles.
Both will be sentenced on a date to be determined before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.
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Armed Trafficker Sentenced to Six 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 William Cooke, 22, 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 72 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Cooke was arrested after Rochester police officers stopped a car, in which Cooke was riding, in the area of Scrantom Street and Conkey Avenue. As officers stopped the car, the defendant jumped from the rear passenger seat and fled, causing officers to chase after him. During the chase, officers could see a black object in Cooke’s hand as he pulled his hand half way from his jacket pocket. Officers only lost sight of Cooke for a brief period of time during the chase as he rounded the corner of a house on Clifford Avenue.
After apprehending the defendant, officers found a loaded defaced semiautomatic pistol on the ground in the area where officers momentarily lost sight of Cooke. Officers arrested Cooke and placed him in a room at the Clinton Section police offices. While the defendant was in the room, officers could see him through the use of a video camera surveillance system climb onto a table in the room. Officers quickly confronted Cooke, who was already sitting back down when they entered the room. However, officers could see blue bags protruding from the ceiling and electrical junction above the table where Cooke was standing moments before. Officers removed a total of 27 baggies of suspected heroin. Subsequent testing determined the substance was fentanyl and acetyl-fentanyl.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Today’s sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, 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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Tonawanda Man Sentenced for Distributing FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dominique McDowell, 27, of Tonawanda, NY, who was convicted of possession with intent to distribute, and distribution of butyryl fentanyl and U-47700, was sentenced to serve 42 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that the investigation began with the overdose death of an individual in the Town of Amherst. Subsequent investigation determined that between March 30, 2017, and April 18, 2017, the defendant sold butyryl fentanyl and U-47700 to undercover law enforcement officers on four separate occasions in the Town of Amherst and Tonawanda. In addition, between December 2016 and April 18, 2017, McDowell sold heroin to confidential sources on multiple occasions.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the Tonawanda Police Department, under the direction of Chief Jerome Uschold; and the New York State Police, under the direction of Major Edward Kennedy.
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Rochester Nail Salon Owner Charged with Defrauding the SNAP ProgramRead 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 Hang T. Lam, 46, of Rochester, NY, was arrested and charged by criminal complaint with the unauthorized use, transfer, acquisition, and possession of USDA food stamp benefits. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in April 2018, the Monroe County Department of Social Services (DSS) developed information that Young’s Nails, which is owned and operated by the defendant, was trafficking in Supplemental Nutrition Assistance Program (SNAP)/food stamp benefits for cash, nail services, and other non-food items. Young’s Nails does not sell food and is not authorized to accept SNAP benefits.
Between April 19, 2018, and October 1, 2018, the U.S. Department of Agriculture, Office of Inspector General conducted five undercover transactions at Young’s Nails using a SNAP Electronic Benefits (SNAP EBT) card. Purchases included nail services such as manicures and pedicures, cigarettes, jewelry, and cash. Lam charged double the cost when a SNAP EBT card was used.
When the undercover purchases were made, the defendant used the Tanhong Du Supermarket on N. Clinton Avenue in Rochester, Ocean Garden Oriental Foods Inc. on S. Clinton Avenue in Rochester, and the Asia Food Market on Brighton-Henrietta Town Line Road to process the undercover transactions. All three stores are approved to participate in the SNAP program.
On November 7, 2018, a search warrant was executed at Young’s Nails. Law enforcement officers seized SNAP EBT cards, dozens of handwritten notes containing four digit PIN numbers and various cash amounts, and SNAP EBT receipts from the Asia Food Market and other SNAP authorized stores. As a result, officers identified and interviewed SNAP clients involved in SNAP fraud with LAM at Young’s Nails. Eight of these individuals reported that they exchanged SNAP benefits for cash and nail services.
To date, approximately $26,000 dollars in fraudulent SNAP transactions that have been executed by LAM have been identified.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and was released on conditions.
The complaint is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale; and the New York State Office of Inspector General, under the direction of Acting Welfare Inspector General Catherine Leahy Scott.
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 for Visa FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Anjaneyulu Katam, 46, of Rochester, NY, who was convicted of visa fraud, was sentenced to serve 12 months and one day in prison and fined $5,000 by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between 2011 and 2017, Katam ran businesses in which he falsified immigration documents for Indian nationals to enter the U.S. and work in tech industries involving computer programming. The defendant manipulated the H-1B visa program, which allows U.S. employers temporarily to employ foreign workers in specialty occupations. Katam falsified visa applications, work experience documents, and work contracts, which he then submitted to the U.S. Department of Labor, Department of Homeland Security, and Department of State, in order to secure illegal H-1B visas for Indian nationals. This resulted in the unlawful entry and employment of several Indian nationals within the United States.
As part of the investigation, federal agents identified multiple assets, including strip malls, and bank accounts, which were acquired by Katam utilizing proceeds of the visa fraud. The defendant will forfeit approximately $1,090,490.32 to the Government.
The sentencing is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations-Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Department of State’s Diplomatic Security Service, under the direction of the Special Agent-in-Charge of the New York Field Office, Timothy Dumas.
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Niagara Falls Woman Pleads Guilty to Wire Fraud for Her Role in Debt Collection SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shauniqua Rodriguez, 40, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that between January 2014 and February 2017, Rodriguez conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa.
Specifically, the defendant was an intermittent employee of the debt collection agency, which operated under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services, and Elite Services. Rodriguez placed telephone calls to “debtors” throughout the United States, using various fraudulent tactics and misrepresentations, including false representations as to her identity, false threats of arrest, and claims of criminal charges against the “debtors,” to induce the “debtors” to make payments. The “debtors” were often directed to other employees posing as attorneys and were provided with payment instructions, supposedly to settle their outstanding debts. In addition to making collection calls, the defendant also served as an informal trainer for other, less experienced employees.
Rodriguez and the employees she worked with and trained routinely collected on debts which they knew had already been satisfied, and collected money from “debtors” from whom they had already collected payment, who were deemed to be “easy targets.” “Debtors” were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments.Between 2015 and 2016, the debt collection scheme brought in more than $3,000,000.
Rodriguez was charged along with five other defendants. To date, four have been convicted, including Joseph Ciffa who is awaiting sentencing.
Today’s plea is the result of an investigation by Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing is scheduled for June 28, 2019, at 1:00 p.m. before Judge Arcara.
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Mexican Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Flores-Torres, 25, a citizen of Mexico living in Dunkirk, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Upon completion of his sentence, the defendant is subject to deportation proceedings.
Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, stated that on June 5, 2018, a search warrant was executed at the defendant’s residence in Dunkirk, NY. Law enforcement officers seized the defendant’s Samsung Galaxy S3 cellular telephone which contained 79 images and 14 videos of child pornography. Some of the images depicted prepubescent minors or minors less than 12 years-old, as well as depictions of violence. Torres also received and distributed images constituting child pornography from and to others with whom he communicated using a cellular telephone and the internet.
As part of his plea, the defendant admitted that he engaged in sexual contact with two minor victims under the age of 18 (minor victim 1 and minor victim 2). Between April 1, 2018, and June 1, 2018, Torres engaged in sexual contact with minor victim 1 on two separate occasions. Between June 1, 2017, and December 30, 2017, the defendant had sexual contact with minor victim 2.Today’s plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for July 31, 2019, before Judge Villardo.
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Three Defendants Sentenced for Their Roles in Fraudulent Tax Refund 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 Emmanuel Collins, a/k/a Scooter, 40, Quintella Wilson, 36, and Jocelyn Carson, 28, all of Buffalo, NY, who were convicted of conspiracy to defraud the government with respect to claims (Collins and Carson) and aiding and abetting fraudulent returns, statements, or other documents (Wilson), were sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. Collins was sentenced to serve 30 months in prison and ordered to pay $110,475 in restitution. Carson was sentenced to five years probation and ordered to pay restitution totaling $19,640. Wilson was sentenced to one year probation and ordered to pay restitution totaling $6,300.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that between 2012 and 2015, Collins organized various individuals in Buffalo to file fraudulent tax returns with the Internal Revenue Service, claiming false income and tax withholdings on false W-2 forms.
For the tax years 2013 and 2014, defendant Carson provided Collins with her name, date of birth, and social security number. Collins then gave Carson a fraudulent W-2 Form to file with the IRS. In addition, Carson introduced another individual to Collins for the purpose of obtaining a fraudulent W-2 form to be filed with the IRS.
Wilson assisted Collins in part by driving the tax filers to tax return preparers to file the fraudulent forms.
Investigators identified 16 fraudulent filings in the conspiracy that claimed $124,787 in false refunds. Collins generally took a cut of each tax refund that was fraudulently obtained.
The sentencings are the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.
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Niagara Falls Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Milton Williams, Jr., 35, of Niagara Falls, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on December 12, 2017, law enforcement officers executed a New York State search warrant at the defendant’s residence at 1364 Pierce Avenue in Niagara Falls. Officers recovered three loaded firearms and additional assorted rounds of ammunition. In addition, officers recovered marijuana and a large quantity of cocaine.
Today’s plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for July 24, 2019, before Judge Wolford.
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Hamburg Man Sentenced for Drug Conspiracy and Threatening A WitnessRead 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 C. Paternostro, 28, of Hamburg, NY, who was convicted of conspiracy to possess with the intent to distribute, and distribution of, five kilograms or more of cocaine and retaliating against a witness, was sentenced to serve 132 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant was ordered to forfeit $200,000 in drug proceeds.
Assistant U.S. Attorneys Meghan A. Tokash and Charles J. Volkert, Jr., who handled the case, stated that on July 12, 2018, the defendant pleaded guilty in federal court to a charge of conspiracy to possess with the intent to distribute, and distribution of, five kilograms or more of cocaine. Shortly thereafter, Paternostro started writing letters from prison threatening to hurt or kill the victim who was a witness against the defendant in his drug case. The defendant was indicted in September 2018 for the threats and pleaded guilty in December 2018.
Today’s sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Jim B. Quattrone; and the Evans Police Department, under the direction of Chief Douglas Czora.
Forestville Man Pleads Guilty to Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard C. Miller, 51, of Forestville, NY, pleaded guilty to receipt and possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $500,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that between 2006 and 2009, Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and co-defendant Harvey exchanged images of child pornography and engaged in illicit discussion regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography.
Charges remain pending against Joseph Harvey. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for August 28, 2019, at 9:30 a.m. before Judge Vilardo.
Buffalo Man Sentenced to over 15 Years in Prison on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Tracy Bankston, 52, of Buffalo, NY, who was convicted of possessing a firearm as a convicted felon with three prior violent felony or serious drug offense convictions, was sentenced to serve 188 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant will also forfeit the firearms, ammunition, and $12,500 that were seized during the investigation.
Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that on December 16, 2016, Erie County Sheriff’s Deputies executed a search warrant at 53 Benzinger Street in Buffalo. Inside Bankston’s bedroom, police recovered over 28 grams of crack cocaine, two ounces of marijuana, scales, baggies, a Smith and Wesson .357 caliber revolver, and a TEC-9 9mm pistol with an extended clip as well as nearly 100 rounds of .357 and 9mm ammunition. Also seized in the raid was $12,050 in cash recovered from a safe.
The defendant was previously convicted on three serious offenses including a felony drug offense in 2006, an Attempted Robbery conviction in 1996, and another Attempted Robbery conviction in 1988.
Today’s sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of John B. Devito, Special Agent-in- Charge, New York Field Division; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the West Seneca Police Department, under the direction of Chief Daniel Denz.
Amherst Man Sentenced for Wire Fraud and Money Laundering in Scheme That Bilked Three Victims Out of More Than $800,000Read 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 Raymond Clark, 42, of East Amherst, NY, who was convicted of wire fraud and money laundering, was sentenced to serve 27 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Clark induced three victims to send him $870,000 for supposed investments, including investments in hedge funds and publicly traded companies. Instead of investing the monies as promised, the defendant kept the money and spent it on personal expenses to fund his lavish lifestyle including payments to his country club and expensive vacations. As part of the plea agreement, Clark will pay full restitution to the victims.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.
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Amherst Man Sentenced for Filing False Tax ReturnsRead 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 Maxim Levin, 41, of Amherst, NY, who was convicted of filing a false tax return, was sentenced to serve 21 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $161,606.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that from 2012 to 2015, the defendant operated Glebova Realty Group LLC, which purchased, renovated and sold real estate throughout the Buffalo, NY area. During those years, Levin filed federal income tax returns but failed accurately to report the gross receipts that he earned from his real estate business to the Internal Revenue Service and failed to pay taxes on such income. Specifically, Levin caused over $3,100,000 of gross receipts, derived from his real estate business, to be excluded from his income tax returns, resulting in a tax loss of $161,606.
Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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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 Jesus Rivera, 26, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 10 grams or more of a fentanyl analogue, was sentenced to serve 108 months in federal prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Scott K. Fairbanks, 29, of Randolph, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, to serve 90 months in federal prison.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Rivera and Fairbanks were mid-level distributors 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 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. Fairbanks obtained his supply of pills from Washington, and would further distribute the pills to street-level customers. 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 co-conspirator 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.
To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses, and with today’s sentencing a total of 13 defendants have been sentenced: 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; 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; 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.
Today’s sentencings are 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; 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 Acting Sheriff William A. Schrom; 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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Chinese National Arrested and Charged with Gun 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 Teng Sun, a Chinese national, was arrested and charged by criminal complaint with being an alien in possession of a firearm. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint, on December 17, 2018, the defendant was charged by the Niagara County District Attorney’s Office with Criminal Possession of an Assault Weapon-3rd Degree, and Criminal Possession of an Assault Weapon-4th: Non-Citizen.
Subsequently, a check by the Department of Homeland Security, Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), determined that Sun is a citizen and national of China illegally present in the United States. The defendant entered the United States as a nonimmigrant F-1 student with authorization to remain in the U.S. States for a temporary period not to exceed his length of stay. On April 2, 2015, Sun was granted Optional Practical Training (OPT) employment authorization with an end date of September 1, 2016. On September 1, 2016, SUN completed his Optional Practical Training and failed to comply with the conditions of his non-immigrant status by not filling an extension or departing from the United States.
On March 14, 2019, the defendant, and his wife were arrested by ICE-ERO for deportation proceedings. While in custody, Sun consented to be taken to his residence located in Williamsville, NY to retrieve his wife’s passport. Once inside the residence, the defendant showed ICE-ERO agents his firearms and ammunition. Agents took 10 firearms into custody, as well as eight 80% complete AR-15 type lower receivers as well as the drilling templates to complete those receivers, and approximately 1,000 to 2,000 rounds of ammunition consisting of various caliber ammunition.
The defendant will make an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy on March 29, 2019, at 11:30 a.m. he is currently being detained by ICE-ERO.
The complaint is the result of an investigation by Immigration and Customs Enforcement-Enforcement and Removal Operations, under the direction of Buffalo Field Office Director Thomas Feeley.
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 Photographer Arrested, 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 Delshawn K. Trueheart, 43, of Buffalo, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, in March 2019, a victim reported to the Buffalo Police Department that Trueheart had a sexual relationship with her while she was between 15 and 17 years of age. The victim stated that she had sexual relations with him at both his residence and his photography studio located on East Delavan Avenue. The victim also reported that Trueheart took nude images of her and recorded them engaged in sexual intercourse.
On March 20, 2019, law enforcement officers searched Trueheart’s residence and studio, and located a video of the victim, then 16 years-old, engaged in sexual intercourse.
The defendant will make an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy at 2:30 p.m.
The criminal complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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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Chenango County Man Pleads Guilty to Trying to Have Sex with A 13 Year Old GirlRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeremy Custer, 36, of Norwich, NY, pleaded guilty to attempted coercion and enticement of a minor before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 1) years in prison and a maximum of life.
Assistant U.S. Attorney Richard A. Resnick, who is handling the prosecution, stated that on September 14, 2018, an undercover New York State Police Investigator (UC) received a private message from “Fastmeet” user “Jeremy” on the UC’s Fastmeet undercover profile. Fastmeet is an application that can be downloaded on to a cellular telephone. The application allows users to communicate with other users and see their GPS location.
The UC’s undercover Fastmeet profile included a profile picture of a female child and listed her name as Jenny, her age as 13-years-old, and her GPS location as Henrietta, NY. The defendant’s profile listed him as 36-years-old and contained multiple pictures of a white male who appeared to be in his 30’s. The male pictured in the profile was later identified as Custer.
Between September 17, 2018, and September 22, 2018, the defendant and the UC exchanged text messages in which Custer attempted to coerce and entice the UC, who he believed was a 13-year-female, to engage in sexual activity. Some of the messages included:
• “What have you done with other guys? I’ve obviously been all the way and am not in any way expecting or wanting you to unless you feel you’re ready for it. There are a lot of other things we can do besides that or leading up to it.”
• “I like to get pictures and maybe videos, but again only if you’re comfortable sending them to me. I will promise I won’t show them to anyone else. Anything you want to send. They can be naked or dressed.”
• “Do you want me to spank and punish you or would you rather have me hug, kiss and admire your beauty?”
• “I would obviously love to be your first, but it certainly doesn't have to be tonight unless you're sure you want to.”
• “I’m getting lube and a couple different forms of contraceptives to minimize the risk of pregs.”On September 22, 2018, the defendant made plans to go to the 13-year-old female child’s residence in Henrietta and pick her up. Custer advised he was on his way and that he had booked a hotel room for them. When the defendant arrived at the UC’s purported residence, he was arrested. In his vehicle, the defendant had contraceptive lubricants, lotions, and a “Plan B” oral contraceptive.
The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for June 24, 2019, at 3:00 p.m. before Judge Geraci.
# # # #Pennsylvania Man Convicted at Trial of Filing Retaliatory Liens Against Multiple Public Officials Is 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 Clarence Hoffert, 58, who was convicted by a federal jury of filing false retaliatory liens against federal officers and employees, was sentenced to serve 48 months in prison by Chief U.S. District Judge Christopher C. Conner, U.S. District Judge for the Middle District of Pennsylvania. This sentence will be served consecutive to a 32 year sentence the defendant is currently serving for statutory rape in PA.
Assistant U.S. Attorneys Wei Xiang and Jonathan P. Cantil, from the Western District of New York, who handled the prosecution of the case at trial, stated that in August of 2017, the defendant declared a state of “Domestic Mixed War” in a “Claim of Commercial Lien Affidavit” that he filed in Erie, PA, against seven public officials. The seven alleged lien debtors included three federal judges, two members of the U.S. Department of Justice Civil Division’s Torts Branch, and two officials of the Commonwealth of Pennsylvania Department of Corrections.
Hoffert, an inmate at State Correctional Institution in Albion, declared that the seven public officials owed him $56,000,000. In his claim, the defendant stated that each official had committed 32 different crimes, at $250,000 in damages per crime, thereby making each alleged lien debtor accountable for payment of $8,000,000.The course of events started in 2013 when Hoffert brought a civil action in the United States District Court for the Western District of Pennsylvania against the Commonwealth of Pennsylvania, relating to his imprisonment on a state conviction. The magistrate judge assigned to the case recommended dismissal of Hoffert’s complaint, and the district judge assigned to the case adopted the recommendation. A panel of the Third Circuit Court of Appeals affirmed the judgment of the district court. Following his failed appeal, Hoffert filed an administrative claim for damages with the Torts Branch of the U.S. Department of Justice Civil Division in Washington, DC. The Torts Branch denied the claim. The defendant responded to the denial with a letter threatening to add the Torts Branch to his tort claim. The Torts Branch replied with another copy of the denial letter. As a result of this series of denials, the defendant attempted to file the lien in retaliation against the two signors of the Torts Branch letters, along with the aforementioned magistrate judge, district judge, and a member of the circuit panel.
In reaching a guilty verdict, jurors determined that the attempted lien filed by the defendant was false and that Hoffert knew, or had reason to know, that material information included in the attempted lien was in fact false.
The United States Attorney’s Office for the Western District of Pennsylvania was recused from the case, and as a result, it was prosecuted by the United States Attorney’s Office for the Western District of New York.
Today’s sentencing is the result of an investigation by the U.S. Marshal Service, Western District of Pennsylvania.
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Debt Restructuring Scammer Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sergiy Bezrukov, 35, of Salamanca, NY, formerly of Queens, NY, pleaded guilty to conspiracy to commit bank fraud and money laundering before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 35 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Stephanie Lamarque, Wei Xiang, and Mary Clare Kane, who are handling the case, stated that the defendant opened two offices in the Western New York area to operate fraudulent debt restructuring businesses. Bezrukov and others sent solicitation letters under various fictitious names, offering to assist small businesses with restructuring high interest loans. After the small business owners agreed to hire the defendant and his company, Bezrukov and others would withdraw sums of money from the bank accounts of the small businesses but never repaid any loans on their behalf. When the small business owners attempted to contact the defendant or others at the fraudulent company, they would receive no response.
During the course of the investigation of Bezrukov’s operation in Salamanca, NY, law enforcement officers learned that the defendant was planning to move his business out of Salamanca. As a result, federal search warrants were executed on Bezrukov’s office, home, vehicle and person. Hidden in computer hard drives, officers found and seized approximately $393,000 in cash. Later in the investigation, a check for $729,000 dollars was seized. In addition, other checks, gift cards, and quantities of cash from defendant’s operation, were also seized. In total, more than $1,400,000 was seized Bezrukov.
The defendant used the fraudulent debt restructuring business to defraud approximately 200 victims out of approximately $1,200,000.
A co-defendant, Mark Farnham, was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for July 24, 2019, at 9:30 a.m. before Judge Vilardo.
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Second Defendant Pleads Guilty in Multi-Million Dollar 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 Patrick Ogiony, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit bank fraud. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys John D. Fabian and Douglas A.C. Penrose, who are handling the case, stated that between March 2011 and June 2017, the defendant conspired with co-defendants Frank Giacobbe, Kevin Morgan, Todd Morgan, and others, to defraud financial institutions, including Evans Bank, N.A.; UBS Securities LLC; M&T Bank; Arbor Commercial Mortgage LLC; SteepRock Capital, LLC; and Berkadia Commercial Mortgage, LLC.
During the course of the conspiracy, Ogiony was employed by Aurora Capital Advisors, LLC, a mortgage brokerage company owned and operated by Frank Giacobbe. Through Aurora, the defendant brokered mortgage loans on behalf of Morgan Management, LLC, a real estate management company that managed over 100 multi-family properties. Kevin Morgan was employed as a Vice President at Morgan Management, and Todd Morgan was employed as a Project Manager.
Ogiony, his co-defendants, and others provided false information to financial institutions and government sponsored enterprises overstating the incomes of properties owned by Morgan Management or certain principals of Morgan Management. The false information induced financial institutions to issue loans: (1) for greater values than the financial institutions would have authorized had they been provided with truthful information; and (2) that the financial institutions would not have issued at the time of issuance had they been provided with truthful information. Ogiony admitted that these properties included:
• The Preserve at Autumn Ridge, Watertown, NY;
• The Eden Square Apartments, Cranberry Township, Pennsylvania;
• The Rochester Village Apartments at Park Place, Cranberry Township, Pennsylvania;
• The Reserve at Southpointe, Canonsburg, Pennsylvania;
• 7100 South Shore Drive Apartments, Chicago, Illinois;
• The Avon Commons Apartments, Avon, NY;
• The Morgan Bay Apartments, Houston, Texas;
• Brookwood on the Green, Syracuse, NY;
• The Creek Hill Apartments, Rochester, NY;
• Hickory Hollow, Rochester, NY;
• The Knollwood Manor Apartments, Rochester, NY;
• The Links at Centerpointe, Canandaigua, NY;
• The Nineteen North Apartments, Pittsburgh, Pennsylvania;
• The Overlook at Golden Hills, Lexington, South Carolina;
• The Penbrooke Meadows Apartments, Rochester, NY;
• The Trails of North Hills Apartments, Raleigh, North Carolina;
• The Rivers Pointe Apartments, Syracuse, NY;
• The Union Square Apartments, Rochester, NY;
• The View at MacKenzi, York, Pennsylvania; and
• The Villas of Victor, Rochester, NY.In addition, the defendant, his co-defendants, and others employed various mechanisms to mislead financial institutions regarding the properties’ occupancy. Ogiony specifically:
• provided false rent rolls to lenders and appraisers on a variety of dates, overstating either the number of renters in a property, the rent paid by occupants;
• provided or conspired to provide false and inflated income statements for the properties; and
• worked with others to deceive inspectors into believing that unoccupied apartments were, in fact, occupied.In one such instance, Ogiony and his co-defendants provided false information to Berkadia Commercial Mortgage, LLC, in connection with The Rochester Village Apartments at Park Place, a multi-family residential apartment owned by Morgan Management principals. The information included falsely inflated income from storage unit rentals, false reports of rental income, and falsely reporting apartment units as occupied before certificates of occupancy were obtained for those units.
Also, Ogiony, his co-defendants, and others made misrepresentations and engaged in conduct designed to conceal from the lending financial institutions that they obtained cash from the loan proceeds, which was not used to purchase or maintain the premises. Ogiony, his co-defendants, and others did so by, at times, providing false documentation of obligations purportedly associated with the properties, and by misrepresenting the actual purchase prices of properties.
Defendant Kevin Morgan was previously convicted of conspiracy to commit bank fraud and is awaiting sentencing. Charges remain pending against Frank Giacobbe and Todd Morgan. 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 indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak.
Sentencing will be scheduled at a later date.
Rochester Daycare Worker Arrested, Charged with Attempting to Have Sex with A MinorRead 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 Hashim J. McCullough, 37, of Rochester, NY, was arrested and charged by criminal complaint with attempted production of child pornography, and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on March 7, 2019, an FBI Special Agent working undercover as a 14 year old girl (UC) received a friend request from user “ucdamandatmademerich.” The UC accepted the friend request and the two began communicating.
The UC indicated “just want to let u know up front im only 14 years old.” “ucdamandatmademerich” responded by stating “You are very much welcome baeb,” “Really 14 wow” and “You live in Rochester ny.”
A review of the “ucdamandatmademerich” profile indicated the user lived in Rochester and worked at a daycare. Subsequent investigation determined “ucdamandatmademerich” is the defendant who works at the YMCA located on Lewis Street in Rochester.
The UC and McCullough continued to communicate on another social media account set up by the UC. On March 7, 2019, the UC received a message from the defendant requesting photos of the UC who sent a photo showing a clothed female. McCullough then asked for naked pictures of the UC. As the communications continued, the defendant discussed having sexual intercourse with the UC. McCullough also sent a photo of a naked male to the UC.
On March 12, 2019, the defendant suggested that he and the UC meet up for sex. “Daddy taking this Thursday off from work to be with you.” The UC responded by stating “Can you do Friday I got a big test I can’t miss.” McCullough then stated “Ok bae.” The UC agreed to meet the defendant in person on March 15, 2019 at an apartment complex in the Town of Brighton. McCullough arrived at the apartment complex this morning to meet with the UC and was immediately arrested by law enforcement officers.
The defendant made an initial appearance this afternoon before U.S. Magistrate judge Jonathan W. Feldman and was held pending a detention hearing on March 21, 2019, at 9:00 a.m.
Members of the public who have specific information related to this case are urged to contact Bivona Child Advocacy Center at 1-585-935-7800.The complaint 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.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Sentenced on Crack Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jibreel Williams, who was convicted of possession of crack cocaine with intent to distribute, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handling the case, stated that in the early morning hours of December 11, 2016, Customs and Border Protection officers encountered the defendant, who was riding as a backseat passenger in a vehicle. Two women were also in the vehicle, the driver and a front seat passenger. The vehicle was stopped after it was observed making a U-tum on the Peace Bridge. The vehicle was then referred for a secondary inspection after the occupants could not produce identification and the odor of marijuana was noticed emanating from the vehicle. Prior to the stop of the vehicle, two other women, who were passengers in the backseat alongside Williams, had exited the vehicle and were stopped as they attempted to re-enter the United States on foot.
Once at secondary inspection, the vehicle was searched and seven individually wrapped packages of suspected crack cocaine were recovered from the backseat area, as well as a 9 millimeter, semi-automatic pistol which was determined to be stolen out of Warren, Pennsylvania.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Canadian Man Arrested, Charged with Smuggling Aliens into the United StatesRead 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 Wanderson Dos Santos Freitas, a Brazilian citizen living in Toronto, Canada, was arrested and charged by criminal complaint with bringing an alien to the United States for financial gain or commercial advantage. The charge carries a mandatory minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine.
Assistant U.S. Attorneys Charles M. Kruly and Jonathan P. Cantil, who are handling the case, stated that according to the complaint, on March 13, 2019, at approximately 9:00 a.m., a U.S. Border Patrol Agent spotted a black jet ski with three occupants, two males and one female, about 50-60 feet from the shoreline at Beaver Island State Park. When the occupants noticed the agent, the operator of the jet ski, the defendant, stepped into the water, and began to push the watercraft further away from the shoreline. Dos Santos Freitas continued to stand up in an apparent attempt to restart it, but the jet ski began to release smoke from the exhaust. After a couple minutes, the defendant began to wave at the agent and related that the jet ski appeared to be stuck in the ice. Air and Marine Operations were alerted and responded to the scene.
A short time later, Dos Santos Freitas got off the jet ski, abandoning his two passengers, and walked across the ice onto the shore. When asked by agents on shore for his citizenship, the defendant stated that he was a “permanent resident of Canada.” Dos Santos Freitas also stated that he did not have any immigration documentation which would allow him to enter the United States legally. The defendant was then placed under arrest.
The other male, Angelo Valentim-Zuccolotto, a citizen of Brazil, also walked across the ice onto the shoreline. The female passenger, Andria Raposo-Marte, a citizen of the Dominican Republic, stayed on the jet ski and appeared to be frozen in fear. Shortly before 10:00 a.m., the Grand Island Fire Department arrived in an inflatable boat and reached Raposo-Marte and safely returned her to the shoreline.Valentim-Zuccolotto and Raposo-Marte were placed under arrest and are subject to administrative proceedings.
Defendant Wanderson Dos Santos Freitas made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on March 18, 2019.
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 U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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California Man Arrested for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jorge Alvarez, 24, of Los Angeles, CA, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that according to the complaint, an individual residing in Depew, NY contacted the Depew Police Department in August 2018 concerning the possible sexual exploitation of her minor daughter. Subsequent investigation determined that between June and July 2018, Alvarez engaged in sexually explicit communications with the minor via Instagram and text messages. During the course of these communications, the defendant sent lewd images of himself to the minor, and solicited the minor to produce and send various images of herself to him.
The defendant made an initial appearance before Judge Michael J. Roemer and was released on conditions.
The criminal complaint is the result of an investigation by the Depew Police Department, under the direction of Chief Jerome Miller, 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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Buffalo Woman Indicted for Threatening A WitnessRead 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 Bridgette McClain, 31, of Buffalo, NY, with retaliating against a witness, and retaliating against a person for providing truthful information to a law enforcement officer. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Brendan T. Cullinane, who are handling the case, stated that according to the indictment, on November 2 and November 5, 2018, an individual testified for the Government in the trial of United States v. Dontrell Wise. A federal jury convicted Wise of the crimes alleged in the indictment and he was sentenced to serve life in prison. In November 2018, law enforcement officers learned that the defendant had posted a threatening post against the individual who testified on Facebook. The post included a photo of the individual with the word “SNITCH” superimposed over the individual’s photograph. Above the photograph, the post included the statement, “This (expletive) Took the stand on my cuz and told lies just for her to get 20 years kill all Rats[.]”
The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.
The indictment is the result of an investigation by the 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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School Athletic Trainer Charged with Enticing A Minor and Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Austin Pratt, 30, of Conesus, NY, was charged by criminal complaint with enticement of a minor and production of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on January 12, 2019, the New York State Police were notified by the parents of a teenaged minor girl (the victim) that they found a large amount of text messages on their daughter’s phone from her school athletic trainer, the defendant.
During an interview with the victim, she told investigators that in November 2018, Pratt began texting her. Simple texts regarding an injury the victim suffered led to nude photographs being exchanged between the two using Instagram. Some of the text messages between the defendant and the victim included:
• “I seriously cannot stop thinking about you or wanting you. This is crazy to me for only knowing you for a few weeks and I'm not sure how to navigate these feelings as I'm obviously married and our age difference which plays a huge role in all this. I love talking to you and being around you and all I want is to be with you. I hate the fact that I am 16 years older than you and that we have to hide and be sneaky.”
• “Nothing would happen to you lol. My life would be ruined.” The victim responded, “You get divorce papers and 20 years in jail.” Pratt responded, “Yuppppp... gotta be super sneaky.”Subsequently, according to the complaint, Pratt and the victim engaged in sexual intercourse on January 7, 2019, at the victim’s home.
Pratt made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on March 14, 2019, at 9:30 a.m.The complaint is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Gun Trafficker Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-- U.S. Attorney James P. Kennedy, Jr. announced today that Warren L. Vick, Jr., 32, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to dealing firearms without a license. The charges carry a maximum penalty of five years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between June 2018 and August 29, 2018, Vick sold as many as 25 firearms to individuals in the City of Rochester that he illegally obtained in Ohio. At least one of the firearms included a semi-automatic firearm capable of accepting a large capacity magazine which could be loaded with more than 15 rounds of ammunition.
On August 29, 2018, law enforcement officers attempted to stop Vick as he drove a 2016 Dodge Challenger. The defendant drove off, crashed the Challenger, and escaped on foot. Inside the vehicle, officers recovered a .40 caliber handgun and over 40 rounds of ammunition. Vick was arrested on August 31, 2018.
The plea is the culmination of an investigation on the part of and Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Rochester Police Department, under the direction of Chief Mark Simmons, and the United States Marshal Service, under the direction of United States Marshal Charles Salina.
Sentencing is scheduled for June 13, 2019, at 9:15 a.m. before Judge Siragusa.
Restaurant Manager Sentenced for Hiring Illegal 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 Sanchez-Ocampo, 38, of Buffalo, NY, who was convicted of conspiracy to unlawfully employ 10 illegal aliens in a 12-month period, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant is subject to removal proceedings by Homeland Security Invesitgations.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated Sanchez-Ocampo was the manager of Don Tequila Restaurant on Allen Street in Buffalo. In that capacity, the defendant hired at least 10 illegal aliens to work at Don Tequila and other restaurants.
Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office; and the New York State Department of Taxation and Finance, under the direction of New York State Department of Taxation and Finance.