Western District of New York
Press releases recorded for this federal judicial district.
Elmira Man Arrested on Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr., announced today that Andrew Tingling, 39, of Elmira, NY, was charged by criminal complaint with conspiracy to possess with intent to distribute one kilogram or more of heroin; possession with intent to distribute 40 grams or more of fentanyl; being a felon in possession of a firearm; and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Robert A. Marangola, who is handling the case, stated that the charges stem from an investigation conducted involving the sale of heroin in Elmira. On March 1, 2019, law enforcement officers from multiple agencies executed a search warrant at 207 South Avenue in Elmira. During the search, officers seized over $50,000 U.S. currency, paraphernalia for the processing and distribution of narcotics, approximately 300 grams of fentanyl, and a loaded .22 caliber handgun. Tingling was located inside the residence.
In March 1998, the defendant was convicted in New York State court of Criminal Possession of a Weapon in the Second Degree, and in March 2008, Tingling was convicted in Chemung County Court Attempted Criminal Possession of a Controlled Substance in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.
The criminal complaint was the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police, Community Narcotics Enforcement Team, Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; Chemung County Sheriff’s Office under the direction of Acting Sheriff William A. Schrom; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Pleads Guilty to Drug and Ammunition ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Tremaine Giddens, 42, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, cocaine, and being a felon in possession of ammunition. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that in October 2017, the defendant sold a quantity of cocaine to an individual working with the Drug Enforcement Administration (DEA) in a commercial parking lot at 15 Skillen Street in Buffalo.
On November 9, 2017, a federal search warrant was executed at 15 Skillen Street where investigators recovered a quantity of suspected cocaine, plastic bags, baking powder, and 2 digital scales. In addition, 35 rounds of .44 caliber ammunition was recovered.
On August 29, 2006, Giddens was convicted in Federal Court of possession with intent to distribute, and distribution of, a controlled substance. On January 20, 2000, in Erie County Court, the defendant was convicted of Criminal Possession of a Controlled Substance in the Fifth Degree. As a result of these convictions, Giddens is legally prohibited from possessing 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.
Sentencing is scheduled for June 20, 2019, before Judge Geraci.
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Rochester Felon Sentenced for Possessing 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 Marcus Lynch, 32, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to serve 30 months in prison by U.S. District Judge Charles Siragusa.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant went to the Firing Pin Shooting Range in the Town of Bergen to target shoot a rifle. Lynch was previously convicted in January 2008 of Robbery in the Third Degree; in August 2007 of Burglary in the Second Degree and Grand Larceny in the Fourth Degree; and in May 2007 of Burglary in the Second Degree. As a result, the defendant is legally prohibited from possessing a firearm.
Today’s sentencing is the result of an investigation by New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Buffalo Man Sentenced to Life in Prison for Selling Drugs Which Resulted in Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dontrell Wise, 32, of Buffalo, NY, who was convicted following a federal jury trial of conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine; possession with intent to distribute butyryl fentanyl; and distribution of fentanyl causing death, was sentenced to serve life in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the prosecution of the case, stated that between mid-November of 2017 and November 23, 2017, the defendant distributed fentanyl which caused the death of a 28 year old female in Cheektowaga, NY. The evidence at trial established that Wise sold approximately 10 grams of a substance containing fentanyl which ultimately was injected by the woman, resulting in her overdose death. Hours later, the Cheektowaga Police Department responded to the scene to find the victim dead, and a wax envelope with fentanyl residue left behind.
Two weeks earlier, on November 9, 2017, the defendant was stopped by Buffalo Police officers in a rental vehicle with heavily tinted windows. Wise was found in possession of over $8,000 in cash, while a co-conspirator, Jerell Weathersby, had a quantity of butyryl fentanyl. The evidence further established that the defendant was a central member of a larger conspiracy crossing state lines, involving the distribution of narcotics in both Buffalo, NY, and Bradford, PA.
Wise was arrested along with co-defendants Lemario Jones and Jerell Weathersby. Jones was convicted of distribution of a controlled substance and sentenced to 63 months in prison. Weathersby was convicted of possession with attempt to distribute butyryl fentanyl and sentenced to 21 months in prison.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; and the Cheektowaga Police Department, under the direction of Chief David J. Zack.
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Buffalo Man Sentenced for Conspiracy to Distribute MollyRead 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 Castro, 33, of Buffalo, NY, who was convicted of conspiracy to distribute controlled substances, was sentenced to serve three years’ probation to include six months home detention by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between February 2015 and January 28, 2016, the defendant conspired with others to possess and distribute “Molly,” a Scheduled I controlled substance. Castro sold “Molly” on three separate occasions (February 5, February 18, and March 25, 2015) to a confidential source.
Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Border Enforcement Security Taskforce, which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.
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Three Men Charged with Possessing and Selling Cocaine, 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 a federal grand jury has returned a four-count indictment charging Otis L. Lyons, Jr., a/k/a Cracks, a/k/a C, 31, of Lockport, NY, Bryheem Edwards, a/k/a Philly, a/k/a Leroy, 28, of Buffalo, NY, and Dalvin Brant, a/k/a Turtle, 26, also of Buffalo, with conspiracy to distribute cocaine and heroin; possession with intent to distribute, and distribution of cocaine; and, possession with intent to distribute fentanyl. The charges carry a maximum penalty of 20 years in prison and a fine of up to $1,000,000.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment, between May 2018 and January 10, 2019, the defendants unlawfully conspired to possess with intent to distribute amounts of cocaine, heroin, and fentanyl. During this time period, investigators identified these individuals as significant controlled substance dealers in the Buffalo and Lockport areas.
On May 17, 2018, and May 31, 2018, defendants Lyons and Edwards unlawfully distributed amounts of cocaine. On October 23, 2018, defendants Edwards and Brant unlawfully possessed with intent to distribute fentanyl.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
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Third Rochester Man Pleads Guilty to Stealing MailRead 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 Cordell James, 28, of Rochester, NY, pleaded guilty to conspiracy to steal mail before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that James was employed by a U.S. Postal Service contractor at the Greater Rochester International Airport. While performing his job, the defendant conspired with two other individuals, co-defendants Michael Harris and Chansen Diaz, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.
Michael Harris and Chansen Diaz were previously convicted and are awaiting sentencing.Today’s plea is the result of a joint investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Inspectors with the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing will be scheduled at a later date before U.S. District Judge David G. Larimer.
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East Aurora Woman Arrested for Attempting to Hire A Hitman to Maim Her Ex-boyfriendRead 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 Yanyan Lesser, 47, of East Aurora, NY, was arrested and charged by criminal complaint with transmitting in interstate or foreign commerce a communication containing a threat to injure another person. The charge carries a maximum penalty of five years in prison and $250,000.
Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that according to the complaint, on February 19, 2019, Homeland Security Investigations (HSI) in St. Paul, Minnesota, received information that between February 14, 2019, and February 19, 2019, an unidentified individual utilizing the moniker “TREE I,” conspired with another unknown individual on a dark web site to commit a crippling assault of an individual (G.Z.) living in Orlando, Florida.1 “TREE I” directed what was believed to be a hitman found via the dark web site to break G.Z.'s bones and leave him permanently confined to a wheelchair or crutches.
Some of the instructions provided by “TREE I” to the purported hitman included:
• “Because of a business dispute, I would like to give this guy a lesson:give him a good beating and legs broken, waist broken and even cripple the mark of his legs.It need to be looks like a robbery, looks like To rob of his money or property,NOT looks like revenge.”
• “I will add $2500 more to cover the cost of beating, crippling and robbery look like job. Please remember must be looks like a ROBBERY!That's very important!”
• “And please let hitman knows that Chinese guy no speak English also no understanding English too.So when hitman to do the job with crippling and looking like robbery,Remember to Yelled at that Chinese guy:"MONEY!MONEY! " Because that's only the English word that guy can understand it!”
On February 16, 2019, “TREE I” transferred approximately 1.26 Bitcoin (BTC) (approximately $4,577.51 cash) to a BTC wallet address in the control of the dark web site to facilitate the assault. On February 19, 2019, “TREE I” conducted another transfer of approximately .694 BTC (approximate.ly $2,707.95 cash) to the same BTC wallet address to further the request. “TREE I” also provided a photograph of an unknown individual's lower back area with the words "broken waist" written across it.On February 20, 2019, HSI Orlando conducted an interview of G.Z. at his residence. G.Z. stated that he was not aware of any threat against him, but stated that he believed that his ex-girlfriend, the defendant, was unstable and would be capable of doing something like this.
Subsequent investigation, including a review of cell phone and bank records, determined that “TREE I” is the defendant.
Yanyan will make an initial appearance at 2:00 p.m. this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the result of an investigation by Homeland Security Investigations Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by HSI St. Paul, Minnesota, and HSI Orlando, Florida.
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 Charged with Selling Fentanyl and HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Brandon Barclay, 30, of Buffalo, NY, with distribution of fentanyl, and distribution of heroin and butyryl fentanyl. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that according to the indictment, on two separate occasions in May and June 2018, the defendant sold fentanyl and a mixture of heroin and butyryl fentanyl to an undercover law enforcement officer.
Barclay was released on conditions following a detention hearing before U.S. Magistrate Judge Jeremiah J. McCarthy.
The indictment is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy; Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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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Western District of New York Takes Part in Largest Ever Nationwide Elder Fraud SweepRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – Attorney General William P. Barr and U.S. Attorney James P. Kennedy, Jr. today announced the largest coordinated sweep of elder fraud cases in history, surpassing last year’s nationwide sweep. The cases during this sweep involved more than 260 defendants from around the globe who victimized more than two million Americans, most of them elderly.
Sheldon Hurley, 39, a citizen of Markham, Ontario, Canada, is charged in the Western District of New York. Hurley is alleged to have participated in a scheme beginning in May 2007 until July 2011 to obtain money from hundreds of victims, including some of whom were elderly. Hurley allegedly personally received in excess of $159,000. Scheme participants operated websites for fictitious financial services companies offering to arrange loans to individuals with credit problems. The victims provided personal information and were told they would be contacted by a lender for approval. When informed that a loan was arranged, applicants were instructed to sign and return a loan agreement, provide bank information, and pay an “insurance deposit.” Hurley is alleged to then have engaged individuals to act as Company payees and obtained the funds from the United States. Loan applicants never received the loans, but were often coerced into making multiple deposits. An extradition request was sent to Canada in December 2017, and Hurley was surrendered to the United States on January 15, 2019.
“Crimes against the elderly target some of the most vulnerable people in our society,” Attorney General William P. Barr said. “But thanks to the hard work of our agents and prosecutors, as well as our state and local partners, the Department of Justice is protecting our seniors from fraud. The Trump administration has placed a renewed focus on prosecuting those who prey on the elderly, and the results of today’s sweep make that clear. Today we are announcing the largest single law enforcement action against elder fraud in American history. This year’s sweep involves 13 percent more criminal defendants, 28 percent more in losses, and twice the number of fraud victims as last year’s sweep. I want to thank the Department’s Consumer Protection Branch, which led this effort, together with the Department’s Criminal Division, the more than 50 U.S. Attorneys’ offices, and the state and local partners who helped to make these results possible. Together, we are bringing justice and peace of mind to America's seniors.”
“Sheldon Hurley may have thought he was part of a sophisticated scheme taking advantage those who were struggling financially, including elderly victims, but let this prosecution serve as a warning,” said U.S. Attorney Kennedy. “Our office will continue to work diligently to bring to justice all criminals, particularly those who target the elderly, no matter where those criminals may be.”
The Department took action in every federal district across the country, through the filing of criminal or civil cases or through consumer education efforts. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of millions of more dollars than last year, putting the total alleged losses at this year’s sweep at over three fourths of one billion dollars.
The charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. The Justice Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
Technical-Support Takedown 2019
As part of the sweep, the Department of Justice and its law enforcement partners announced a tech-support fraud takedown, designed to combat an increasingly common form of elder fraud in which criminals trick victims into giving remote access to their computers under the guise of providing technical support. In 2018, technical-support schemes generated over 142,000 consumer complaints to the FTC’s Consumer Sentinel Network. Consumers 60 and over filed more loss reports on tech-support scams from 2015 to 2018 than on any other fraud category reported to the Consumer Sentinel Network.
The Department of Justice’s Consumer Protection Branch, the Criminal Division’s Computer Crimes and Intellectual Property Section, and 10 U.S. Attorney’s Offices brought cases against perpetrators of technical-support fraud. The FBI, U.S. Postal Inspection Service, and HSI partnered with the Justice Department in investigating these cases, and the FTC, several state Attorneys General and the U.K.’s City of London Police joined the effort by initiating their own cases.
“We’re committed to investigating financial fraud schemes against the elderly,” said FBI Director Christopher Wray. “We’ve dedicated additional resources to address a wide range of elder fraud threats, including technical-support fraud. Victims of these schemes often lose thousands of dollars or more apiece, which can cause significant harm to elderly victims and their caretakers. If anyone suspects that they – or a senior they know – may be a victim of fraud, we encourage them to report it to the FBI’s Internet Crime Complaint Center.”
Transnational Criminal Organizations Committing Elder Fraud
“The sweep announced today brings the Postal Inspection Service to a landmark point in its battle against transnational criminal organizations committing mass mailing elder fraud,” said Chief Postal Inspector Barksdale. “In a recently unsealed case, two Canadians pled guilty and, thanks to the Spanish National Police, another was arrested in Spain for an alleged mail fraud scheme involving $180 million in losses to over one million victims. The Inspection Service has been at the forefront of protecting customers from fraud schemes for many years and we will continue to investigate and stop those who exploit older Americans for their own illegal gains.”
Many of the cases brought as part of the elder fraud sweep announced today – including many of the technical-support fraud cases – allegedly involved transnational criminal organizations. The Department of Justice’s Office of International Affairs worked with numerous countries to secure evidence and capture defendants. During the sweep period, defendants in elder fraud cases were extradited from Canada, The Cayman Islands, Costa Rica, Jamaica, and Poland.
Money Mule Initiative
In addition, in a novel approach, the Department of Justice and its law enforcement partners took comprehensive action against the money mule network that facilitates foreign-based elder fraud. Generally, a money mule is someone who transfers money acquired illegally in person, through the mails, or electronically, on behalf of others. Across the country, money mules receive fraud proceeds directly from victims and forward proceeds to perpetrators and ringleaders of fraud schemes—individuals who often reside in other countries. As part of the sweep, the FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases. Secret Service agents aided these efforts by seizing and forfeiting elder fraud proceeds in transit from victims to perpetrators.
“Homeland Security Investigations is committed to the fight against elder fraud in conjunction with the Justice Department, and our other law enforcement partners,” said Executive Associate Director Derek Benner. “HSI Special Agents across the country have worked to address illegal fund transfers, fraudsters operating technical-support schemes, and elder fraud of all varieties. We will continue to use creative solutions to protect our nation’s seniors from fraud; financial security is critical to homeland security.”
“The Secret Service is committed to aggressively investigating and disrupting organized criminal groups who prey on our most vulnerable citizens,” said Secret Service Director Randolph “Tex” Alles. “The results of the elder fraud sweep announced today demonstrate what can be achieved though incredible partnerships between federal, state, and local law enforcement agencies.”
Public Education
The Department of Justice and its law enforcement partners focused the sweep’s public education campaign on technical-support fraud, given the widespread harm such schemes are causing. The FTC and State Attorneys General had an important role in designing and disseminating messaging material intended to warn consumers and businesses.
Public education outreach is being conducted by various state and federal agencies, including Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Global Efforts
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Belgium, Canada, Europol, the Netherlands, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the Department of Justice and the FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Due to the IMMFWG’s network of law enforcement, simultaneous technical-support fraud consumer education campaigns are being released in Canada, the Netherlands, the United Kingdom, and the United States.
Elder Fraud Complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
Two Mexican Women Plead Guilty to Heroin 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 Maria Guadalupe Martinez-Plascencia, 48, of Guadalajara, Mexico, pleaded guilty to possession with intent to distribute 100 grams or more of heroin before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. In addition, co-defendant Claudia Anel Cuevas-Sandoval, 38, also of Guadalajara, Mexico, pleaded guilty to possession with intent to distribute one kilogram or more of heroin and faces a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in early June 2018, the Drug Enforcement Administration and the Niagara Frontier Transportation Authority Police began investigating the activities of Martinez, who was associated with an individual arrested on May 26, 2018, in Laredo, Texas. The individual was in possession of a backpack and a laptop bag that concealed heroin. Martinez was identified in a Customs and Border Protection report, which included instructions to conduct an inspection of the defendant during any border crossing.
On June 9, 2018, the NFTA identified Martinez and Cuevas traveling together. The defendants purchased tickets for a Greyhound bus departing from Philadelphia, PA, late in the evening of June 9, 2018, and arriving in Buffalo on June 10, 2018. When the defendants arrived, law enforcement officers surveilled them at the Hyatt Regency Buffalo Hotel in downtown Buffalo.
In the early morning hours of June 11, 2018, officers executed a New York State search warrant in the room the defendants were staying in. During the search, officers found two backpacks and two laptop bags in plain view which were heavy but contained no visible contents. Sewn into the baggage were 10 packages containing heroin. Martinez and Cuevas were arrested at that time.
The pleas are the result of an investigation by the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Maria Guadalupe Martinez-Plascencia is scheduled to be sentenced on June 10, 2019 before Judge Skretny. Sentenced for Claudia Anel Cuevas-Sandoval will be scheduled at a later date.
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Second Rochester Man Pleads Guilty to Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Harris, 31, of Rochester, NY, pleaded guilty to conspiracy to steal mail before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Harris was employed by a U.S. Postal Service contractor at the Greater Rochester International Airport. While performing his job, the defendant conspired with two other individuals, co-defendants Cordell James and Chansen Diaz, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.
Chansen Diaz was previously convicted and is awaiting sentencing. Charges remain pending against Cordell James. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of a joint investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Inspectors with the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing is scheduled for June 6, 2019, before U.S. District Judge David G. Larimer.
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Palmyra Man Arrested on Multiple Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that David Gfeller, 34, of Palmyra, NY, was arrested and charged by criminal complaint with production, distribution, receipt, and possession of child pornography. The charges carry a maximum penalty of 30 years in prison, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on February 12, 2019, Special Agents with Homeland Security Investigations in Buffalo received information from an international law enforcement network that child pornography had been recovered by authorities in various countries, including Germany, Belgium, Italy, Portugal, and France, depicting a prepubescent minor who was possibly located in Western New York.
With assistance from the Royal Canadian Mounted Police, HSI Agents used data associated with the images to locate the residence in which the images were produced. On March 1, 2019, Agents executed a search warrant at the residence in Palmyra, where they located the victim and arrested Gfeller for his role in producing the child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending the outcome of a detention hearing, which is scheduled for March 5, 2019.The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, with assistance from the Royal Canadian Mounted Police and the New York State Police.
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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Leader and Member 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 Maximillian Sams, 31, of Elmira, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to serve 210 months in federal prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Chad Smith, 27, of Horseheads, NY, who was convicted of conspiracy to possess with intent to distribute, and distribute, U-47700, was sentenced to serve 22 months in prison.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Sams, along with co-conspirator Robert Ian Thatcher, ran 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, Thatcher and Sams imported bulk quantities of furanyl fentanyl and U-47700 from overseas suppliers China. They ordered the furanyl fentanyl and U-47700 on what is known as “the dark web,” and used different people and addresses in New York and Pennsylvania to receive the shipments. Sams and Thatcher 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 and U-47700. The pills were made to look like legitimate 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, but survived after being treated by first responders with Narcan.
Sams and Thatcher 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 the defendant 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, Sams and Thatcher would distribute them in large quantities to other co-conspirators – including Anthony Prettyman, Jesus Rivera, 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. 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. Seven defendants have been sentenced: Thatcher was sentenced to serve 23 years 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; Anthony J. Prettyman was sentenced to serve 125 months in federal prison; Dwayne Banks was sentenced to 108 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.
The sentencing is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.
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Greece Man Sentenced on Heroin 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 Jeffrey West, 42, of Greece, NY, who was convicted of possession with intent to distribute heroin, was sentenced to serve 188 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on April 19, 2018, members of the Monroe County Heroin Task Force executed a search warrant at the defendant’s home. During the search, officers located a quantity of heroin packaged for sale and a loaded .22 caliber handgun and ammunition.
The sentencing is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Monroe County Sheriff Todd Baxter, 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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Puerto Rican man Sentenced for His Role in Rochester Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Freddie Silva Otero, 49, of Mayaguez, Puerto Rico, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 57 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between January 12, 2018, and January 29, 2018, the defendant conspired with others to distribute cocaine in the Rochester area.
In furtherance of the conspiracy, Otero communicated via telephone with co-defendants Leitscha Poncedeleon and Carlos Javier Figueroa regarding the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Leitscha Poncedeleon would provide the defendant with addresses. Otero then mailed packages containing approximately two kilograms of cocaine each.
Between January 16 and January 24, 2018, the defendant shipped a total of six packages from Puerto Rico to Rochester via the United States Postal Service.
A total of 10 defendants have been charged in connection with this conspiracy, five have been convicted.
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Mark Simmons; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
Kingsmen President and Nomad, Convicted by a Federal Jury of Murder and Racketeering, Sentenced to Life in PrisonRead the Press Release
A leader and member of the Kingsmen Motorcycle Club (KMC) who committed execution style murders were sentenced for their roles in a major racketeering operation that involved violence and murder.
David Pirk, 68, KMC National President, and Andre Jenkins, aka Little Bear, 40, a “nomad” which performed the role of “enforcer” within the KMC, were sentenced by U.S. District Court Judge Elizabeth A. Wolford to serve three consecutive life terms plus 10 years in prison for their convictions following a four-month jury trial of RICO conspiracy, possession of firearms in furtherance of crime of violence, murder in aid of racketeering, possession and discharge of a firearm in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime. Jenkins was also convicted of being a felon in possession of a firearm. Pirk and Jenkins resided in Eustis, Florida prior to going to prison.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy Jr. for the Western District of New York, Special Agent in Charge Kevin Kelly of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Buffalo and Special Agent in Charge Gary Loeffert of FBI Buffalo Field Office made the announcement.
“While their roles within the brutally violent Kingsmen Motorcycle Club may have been different, David Pirk and Andre Jenkins today share the same well-deserved fate: a lengthy prison sentence for ordering and carrying out the execution of two fellow gang members, among other serious crimes,” said Assistant Attorney General Benczkowski. “Outlaw motorcycle gangs like the Kingsmen pose a significant threat to the safety and security of our communities, and I applaud the efforts of our prosecutors and our federal and local law enforcement partners in bringing these violent criminals to justice.”
“Through this prosecution, both the national president, who ordered the executions, as well as the trigger pulling member of an outlaw motorcycle club were finally brought to justice and held accountable for two senseless murders,” said U.S. Attorney Kennedy. “Those murders, together with numerous depraved and heinous acts of violence committed by defendants and others in the club, justify the sentences imposed and fittingly demonstrate that the defendants’ quest to become “1 percenters” ultimately cost them 100 percent of their freedom for 100 percent of the rest of their lives.”
“These life sentences handed down today are a clear and concise message that this criminal organization will be held accountable for their unruly and unjust actions” said HSI Special Agent in Charge Kelly. “HSI is committed to protecting the public and working with its law enforcement partners to combat organizations such as these.”
“Violent groups--whether a neighborhood street gang or a violent motorcycle gang--don't belong in our communities,” said FBI Special Agent in Charge Loeffert. “Our thoughts are with the Maue and Szymanski families today, and all those who have been impacted by the violence committed under the Kingsmen colors over the years.”
According to evidence presented by the government at trial, beginning in 2013, certain KMC members, including defendant David Pirk, wanted to establish the KMC as a one percent club. The one percent refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining one percent engaged in certain activities such as drug and firearm trafficking and acts of violence. The defendants, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.
According to evidence presented at trial, acts of violence committed by the KMC include:
- In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014;
- On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. Brandishing firearms, 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; and
- On Sept. 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.
The investigation was 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 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; the Hamburg Police Department; the North Tonawanda Police Department and the Niagara County Sheriff's Office. Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.
Kingsmen President and Nomad, Convicted by A Federal Jury of Murder and Racketeering, Sentenced to Life in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – One Kingsmen Motorcycle Club (KMC) leader and member who committed execution style murders were sentenced for their roles in a major racketeering operation that involved violence and murder.
David Pirk, 68, KMC National President, and Andre Jenkins, aka Little Bear, 40, a “nomad” which performed the “muscle” within the KMC, were sentenced by U.S. District Court Judge Elizabeth A. Wolford to serve life in prison for their convictions following a four-month jury trial of RICO conspiracy, possession of firearms in furtherance of crime of violence, murder in aid of racketeering, possession and discharge of a firearm in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime. Jenkins was also convicted of being a felon in possession of a firearm. Pirk and Jenkins resided in Florida prior to going to prison.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy Jr. for the Western District of New York, Special Agent-in-Charge Kevin Kelly of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Buffalo, and Special Agent in Charge Gary Loeffert of the FBI Buffalo Field Office made the announcement.
“While their roles within the brutally violent Kingsmen Motorcycle Club may have been different, David Pirk and Andre Jenkins today share the same well-deserved fate: a lengthy prison sentence for ordering and carrying out the execution of two fellow gang members, among other serious crimes,” said Assistant Attorney General Benczkowski. “Outlaw motorcycle gangs like the Kingsmen pose a significant threat to the safety and security of our communities, and I applaud the efforts of our prosecutors and our federal and local law enforcement partners in bringing these violent criminals to justice.”
“Through this prosecution, both the national president, who ordered the executions, as well as the trigger pulling member of an outlaw motorcycle club were finally brought to justice and held accountable for two senseless murders,” noted United States Attorney Kennedy. “Those murders, together with numerous depraved and heinous acts of violence committed by defendants and others in the club, justify the sentences imposed and fittingly demonstrate that defendants’ quest to become “1 percenters” ultimately cost them 100% of their freedom for 100% of the rest of their lives.”
“These life sentences handed down today are a clear and concise message that this criminal organization will be held accountable for their unruly and unjust actions” said HSI Special Agent-in-Charge Kevin Kelly. “HSI is committed to protecting the public and working with its law enforcement partners to combat organizations such as these.”
“Violent groups--whether a neighborhood street gang or a violent motorcycle gang--don't belong in our communities,” said FBI Special Agent-in-Charge Gary Loeffert. “Our thoughts are with the Maue and Szymanski families today, and all those who have been impacted by the violence committed under the Kingsmen colors over the years.”
According to court documents and evidence presented by the government at trial, beginning in 2013, certain KMC members, including defendant David Pirk, wanted to establish the KMC as a one percent club. The one percent refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining one percent engaged in certain activities such as drug and firearm trafficking and acts of violence. The defendants, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.Acts of violence committed by the KMC include:
• In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014;
• On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. Brandishing firearms, 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; and
• On September 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.
The investigation was 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. Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.
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Kenmore Man Pleads Guilty to Wire Fraud for His 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 Carmelo Collana, 49, of Kenmore, 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, Collana conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa.
Specifically, the defendant opened various corporations and bank accounts, used to process and facilitate payments used by debt collection agencies operating under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services and Elite Services. With the knowledge and assistance of Collana, these debt collection agencies placed fraudulent telephone calls to individuals throughout the United States, in an attempt to collect money, and utilized fraudulent tactics, including false threats of arrest, false claims that the callers/collectors were attorneys, and false claims as to criminal charges pending against the “debtors.”
In furtherance of this scheme, the employees of the debt collection agencies directed the individuals to make payment into or through bank accounts owned or operated by the defendant who then remitted the funds to the owners of the respective debt collection shops, in return for a percentage fee and/or salary.In addition, Collana maintained an account with TLO, an online commercial database, used to gather personal information as to individuals, such as address, employer, and date of birth. The defendant provided employees of the debt collection agencies with access to TLO, in order to assist the employees in contacting and collecting from the individuals to whom they placed calls. Collana also at times provided debt files to employees of the various debt collection agencies.
Between February 2015 and December 2016, approximately $788,961 from fraudulent collection activities was deposited into the defendant’s accounts.Collana was charged along with five other defendants. To date, three 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 13, 2019. At 12:30 p.m. before Judge Arcara.
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Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Torri McCray, 40, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, fentanyl, and 10 grams of more of buytryl fentanyl before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Brendan T. Cullinane, who handed the case, stated that on four dates between June and August of 2017, the defendant distributed controlled substances, including heroin, fentanyl, U-47700, butyryl fentanyl, and furanyl fentanyl. On August 16, 2017, the Drug Enforcement Administration arrested McCray and recovered from the defendant’s pocket an amount of heroin intended for distribution.
The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for August 22, 2019, at 10:30 a.m. before Judge Vilardo.
Buffalo Man Pleads Guilty to Cocaine and Fentanyl Possession 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 Marcus Adside, 30, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine and butyryl fentanyl, and possession of firearms in furtherance of a drug trafficking crime before U.S. District Judge Richard J. Arcara. 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 Patricia Astorga, who is handling the case, stated that in the early morning hours of August 5, 2016, Buffalo Police Officers conducting patrol encountered the defendant on 19th Street near Hampshire Street. As officers drove past, Adside yelled, “I’m not doing nothing!” The defendant then grabbed onto a large bulge in his right front pants pocket and took off running into an alley between two houses on Hampshire Street near 19th Street.
Officers began a foot pursuit, and during the chase, Adside threw a clear baggie containing controlled substances into a backyard area off the alley and a sock containing a loaded firearm over a fence in the same alley. He was apprehended shortly after.
Subsequently, officers recovered a 9mm ammunition magazine containing eight rounds; a sock containing a handgun, a clear plastic baggie containing eight loose glassine envelopes with powder, and one plastic bag holding seven smaller plastic bags containing a total of 70 glassine envelopes with powder. Testing determined that the bags contained butyryl fentanyl and cocaine.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for June 14, 2019, at 12:30 p.m. before Judge Arcara.
Albion Man Charged with Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Campbell, 32, of Albion, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, in July 2018, an individual (witness) contacted the Orleans County Sheriff's Office after discovering a disturbing video on a desktop computer that belonged to the defendant. The witness and Campbell lived together on and off and Campbell left the computer at the residence when he was made to vacate the residence by the witness in June 2018. The video depicted a 14 year-old girl going to the bathroom. In addition to the desktop computer, Witness 1 also turned over a laptop computer and hard drive.
A forensic analysis of the desktop, laptop, and hard drive revealed 100 image files and 20 video files that contained child pornography.The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on March 1, 2019.
The complaint is a result of an investigation by the Orleans County Sheriff's Office, under the direction of Sheriff Randy Bower, 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.
Scheule Boys Gang Member Convicted of RICO Conspiracy Going to Prison for 30 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Hicks, a/k/a Boog, a/k/a Boogy, 34, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute marijuana, was sentenced to serve 30 years in prison by U.S. District Judge Richard J. Arcara. In addition, Judge Arcara ordered the defendant to forfeit $10,400,000 in proceeds from illegal drug trafficking activity.
Assistant U.S. Attorneys Paul Parisi and Wei Xiang, who handled the prosecution of the case, stated that Hicks was a member of the Schuele Boys Gang which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
As a member, the defendant was the Buffalo-based main point of contact for the gang’s cocaine and marijuana supplier, Julio Contreras of McAllen, Texas. Hicks’s co-defendant, Roderick Arrington, was previously convicted following a jury trial in 2017 of the shooting murder of Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens in Buffalo on August 30, 2012. Hicks, Arrington, and other Schuele Boys members believed that Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington was sentenced to life in prison for murder in aid of racketeering.
“This defendant is the last, of more than two dozen individuals, to be sentenced in our prosecution of a violent street gang that terrorized the East Side of Buffalo and its citizens for a number of years, “ said U.S. Attorney Kennedy. “Our office is determined to bring the leaders, members, and associates of these street gangs to justice. We realize that these gangs spread something much more ruinous to our communities than large amounts of drugs and countless acts of violence. These gangs spread despair. By taking them on, we hope to restore the community’s faith not only in the rule of law but in the possibility for a more productive and positive future.”
Hicks is one of 28 Schuele Boys Gang members and associates to be charged and convicted in this case and the final defendant to be sentenced.
Today’s sentencing is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the New York State Police, under the direction of Major Edward Kennedy. Additional assistance was provided by the Erie County District Attorney’s Office, the Edinboro University Police Department in Pennsylvania, the West Tennessee Judicial Drug Task Force, the City of McAllen, Texas Police Department, HSI Harlingen, Texas, and the FBI offices in Houston, Texas and Jackson, Mississippi.
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Rochester Man Pleads Guilty to Stealing MailRead 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 Chansen Diaz, 30, of Rochester, NY, pleaded guilty to conspiracy to steal mail before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Diaz was employed by a U.S. Postal Service contractor at the Greater Rochester International Airport. While performing his job, the defendant conspired with two other individuals, co-defendants Cordell James and Michael Harris, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.
Charges remain pending against Cordell James and Michael Harris. 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 a joint investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Inspectors with the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing is scheduled for May 29, 2019, at 2:30 p.m. before U.S. District Judge David G. Larimer.
Lockport Man Sentenced to 14 Years in Prison for Selling Fentanyl That Resulted in DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pablo Lugo III, 23, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution, of fentanyl, was sentenced to serve 168 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Meghan A. Tokash and Joseph M. Tripi, who handled the case, stated that on March 29, 2015, Lockport Police Officers responded to 152 Caledonia Street and found an individual, K.R., deceased. Officers recovered four reddish paper wrappers in the bathroom, one of which was tested at the Niagara County Sheriff’s Office Forensic Laboratory and determined to contain fentanyl. An autopsy determined that K.R. died of acute fentanyl intoxication.
Text messages recovered from K.R.’s cellular phone revealed that on March 28, 2015, K.R. communicated with Lugo between 12:22 p.m. and 12:51 p.m. K.R. died shortly after the text message exchange. The defendant admits that K.R.’s death resulted from the drugs he gave to K.R.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Voutour; and the Lockport Police Department, under the direction of Acting Chief Steven Preisch.
Two More Opioid Dealers Sentenced for Their Roles in Elmira Drug 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 Anthony J. Prettyman, 28, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to serve 125 months in federal prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Dwayne Banks, 30, of Elmira, NY, to serve 108 months in federal prison for his conviction on the same offense.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that both defendants were part of a large-scale opioid manufacturing and trafficking organization that operated in the Southern Tier of New York between 2015 and May 2017. As members of the organization, Prettyman and Banks were mid-level dealers of blue pills containing furanyl fentanyl and U-47700 in the Elmira area. The blue pills were manufactured by the leaders of the organization – Robert Ian Thatcher and Maximillian Sams – and made to look like legitimate 30 milligram Percocet pills.
Prettyman admitted to selling pills to various customers, including a 21 year-old female who ultimately died of drug overdose from using the pills. In addition, Prettyman admitted to smuggling more than 5,300 pills containing furanyl fentanyl to North Carolina in October 2016. Prettyman was caught by the Iredell County (North Carolina) Sheriff’s Office transporting the pills in the false bottom of a fake paint can.
To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Seven defendants have been sentenced:
Thatcher was sentenced to serve 23 years 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; 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 Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell; and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.# # # #
Statement of U.S. Attorney Kennedy Regarding Verdict in U.S. v. Corey KrugRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051“The defendant, like every person on the street, is guaranteed certain rights under our Constitution. Among those rights are the rights to due process and a fair trial. The defendant exercised his constitutional rights and the jury acquitted him on three counts. That is the way our Constitution and our system of justice are supposed to work. We accept the jury’s verdict, and we will be seeking an immediate retrial of the defendant on Count 4 of the Superseding Indictment.”
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Eden Man Charged with "Lie and Try" Offense for Making A False Statement While Attempting to Buy A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard Henry Wojtkowski, 64, of Eden, NY, was arrested and charged by criminal complaint with falsifying an ATF Firearms Transaction Record while attempting to purchase a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint on July 27, 2018, the defendant attempted to purchase a 12 gauge shotgun, at a Wal-Mart Store in Hamburg, NY. This purchased was denied because Wojtkowski is currently subject to an Order of Protection issued by the Eden Town Court in July 2018. The Order of Protection will not expire until July 24, 2020. The defendant answered "no" to question 11 (h) on the Firearms Transaction Record, which asks if the purchaser is subject to a court order prohibiting him from harassing, stalking or threatening his child or intimate partner or child of his intimate partner.
Wojtkowski made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
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.
Buffalo Man Pleads Guilty to Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Broadus, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on February 11, 2018, an individual working for the Drug Enforcement Administration arranged to purchase five grams of fentanyl from the defendant. The following day, the individual met up with Broadus in the parking lot of a retail store on Jefferson Avenue in Buffalo. The two exchanged $420 for the five grams of fentanyl. In addition, the defendant also sold another five grams of fentanyl to a separate individual working with the DEA on January 29, 2018.
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 Office.
Sentencing is scheduled for June 12, 2019, at 12:30 p.m. before Judge Arcara.
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Buffalo Man Indicted on Cocaine and Crack Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Derrius Cunningham, a/k/a Baby, 41, of Buffalo, NY, with conspiracy to distribute and distribution of cocaine and crack cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Brendan T. Cullinane, who are handling the case, stated that according to the indictment, between 2012 and February 20, 2019, the defendant conspired with others to distribute cocaine and crack cocaine in the Box Avenue and Moselle Street area of Buffalo. The indictment also accuses Cunningham of using the residence at 304 Moselle Street, and two businesses, LaPearlaboo’s Bar and Jeoni’s Wingstop, in furtherance of his drug trafficking activities.
The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the New York State Police, under the direction of Major Edward Kennedy; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Gates Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Blackwell, 34, of Gates, NY, pleaded guilty to possession of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Blackwell was discovered actively trading child pornography from an apartment in Gates during an operation conducted by the FBI. Special Agents executed a search warrant at a residence that the defendant occupied during the period in question and seized digital items belonging to Blackwell. A forensic examination determined that the items contained multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors.
Sentencing is scheduled for May 22, 2019, before Judge Wolford.
The plea is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent in Charge Gary Loeffert.
City Councilman, Former Rochester Housing Authority Chair Charged with Fraud and Money LaunderingRead 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, and George H. Moses, both of Rochester, NY, were charged by criminal complaint with wire fraud; conspiracy to commit wire fraud; money laundering; and conspiracy to commit money laundering. 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 according to the complaint, McFadden is a member of the Rochester City Council, and 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). The RHA has an annual contract with the United States Department of Housing and Urban Development from which it receives millions of dollars.
As alleged in the criminal complaint, on March 25, 2015, Moses, as Chairperson of the Board of RHA, caused that Board: (a) to appoint him as one of the three new board members of the RHC, and (b) to approve a loan by the RHA to the RHC in the amount of $300,000.
On July 7, 2015, the RHC entered into an $87,500 one year contract with Capital Connection Partners LLC (CCP) in Washington, D.C. for various services including: (a) advocating at the local, state and federal level of government for policy and legislation, reviewing best practices, and issuing presentations to elected officials; and (b) finding self-sufficient resources to include creating entrepreneurial opportunities and workforce development, developing revenue streams for residents, and applying for federal home loan bank grants.
The following day, on July 8, 2105, McFadden, 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 the RHC to Caesar Development LLC.
The defendants caused the RHC to enter into the RHC/CCP contract knowing that CCP and McFadden would not be providing the majority of the services required under the terms of the contract. The defendants also concealed that CCP would be diverting most of the funds received from the contract to McFadden.On August 3, 2015, the RHA on behalf of the RHC paid CCP $43,750, which represented the first installment payment under the terms of the RHC and CCP Contract. Thereafter, on August 8, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHA.
Subsequently, on December 23, 2015, the RHC paid $43,750 to CCP, which represented the second installment payment under the terms of the RHC and CCP Contract. On the following day, December 24, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHC.
To deceive the RHA and the RHC into making the payments to CCP, the defendants caused fraudulent invoices from CCP to be submitted to the RHC that falsely stated that CCP had provided various services required under the terms of the RHC/CCP contract, when in fact, such services had not been performed.
In October 2018, Moses was also charged with making false statements to Special Agents of the FBI in connection with the investigation, those charges remain pending.
In announcing the charges, U.S. Attorney Kennedy noted that, “the charges contained in the criminal complaint filed today should serve as a reminder to all public officials and holders of public office—you are elected to serve, not to take. If you put your own financial interests above the public trust, then your payback may well be the filing of federal criminal charges.”
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 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.
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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Canadian Man Sentenced in Absentia on Marijuana ConvictionRead 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 Robin Williams, 56, of Canada, who was convicted of unlawfully importing marijuana in the form of hashish, was sentenced, in absentia, to serve 41 months in prison, by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 21, 2006, the defendant attempted to enter the United States at the Peace Bridge Port of Entry with a quantity of marijuana. Some of the marijuana was found in Williams’ pants pocket. Also located in the defendant’s truck was an additional 108 pounds of marijuana.
Williams pleaded guilty on August 1, 2007, to the charge and sentencing was scheduled for November 14, 2007. However, the defendant failed to appear for sentencing. In light of Williams’ continued failure to appear for sentencing, Judge Arcara granted a motion filed by the Government to have the defendant sentenced in absentia.
The sentencing is the result of an investigation by the U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charger Kevin Kelly.
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Sex Trafficking Ring Leader 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 Feng Yang Chen, 43, of Flushing, NY, who was convicted of conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business and using the internet to promote prostitution, was sentenced to serve 57 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that between March 2011 and March 2016, Chen operated a multi-state prostitution organization. The defendant was the leader of the organization – she told the victim sex workers how much to charge, what sex acts to provide, and where they had to work. Chen actively advertised the women on Backpage.com and operated a call center from her home in Flushing, Queens that scheduled meetings between prostitutes and their clients. The Government identified more than 6,000 Backpage advertisements that led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.
The defendant, who worked with co-defendants Chengqi Li and LiangLiang Guo, victimized at least 12 individuals who traveled state to state to engage in prostitution in various hotels. Chen recruited the victim women in China and used threats of violence and deportation against the victims and their families to force participation. One victim indicated that the defendant forced her to have commercial sex with rapists and made her work while she was menstruating and ill. After another victim was badly assaulted by a client, Chen forced the victim to return to work immediately, showing no compassion for her physical and emotional injuries.
“The conduct by the defendant amounted to treating her sex workers as modern day slaves,” noted U.S. Attorney Kennedy. “She had the victims sell their bodies—robbing them of their dignity—in order that she might enrich herself. Such heinous behavior bought Chen the one thing she truly earned—a significant prison sentence.”
“Many people are unaware that human trafficking occurs and this tragic crime usually goes unnoticed in the United States,” said HSI Special Agent-in-Charge Kevin Kelly. “While we can't erase the suffering these women experienced, we can aggressively investigate and prosecute those responsible. HSI and our partners will continue to send a powerful warning that consequences await those engaged in these heinous acts.”
The defendant made more than $2,000,000 each year from the prostitution business. The Court has ordered the forfeiture of approximately $450,000 in proceeds from the illegal prostitution activities; proceeds from the sale of two properties located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy. In addition, Chen was ordered to pay the victims more than $290,000 in restitution.
At sentencing, the Court noted the serious nature of the offense and the defendant’s financial motivation. The Court also noted that other individuals who worked for Chen were prosecuted and are currently in jail. Defendants Li and Guo were previously convicted, Li was sentenced to serve 21 months in prison, and Guo was sentenced to serve six months in prison.
Today’s sentencing is the result of an investigation by the U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.
Canadian Woman Pleads Guilty Involving an Attempt to Smuggle an Alien in A Car TrunkRead 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 Donna Pham, 46, of Ontario, Canada, pleaded guilty, before U.S. District Judge Richard J. Arcara, to conspiracy to defraud the United States. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on January 6, 2019, a black Mercedes attempted to enter the United States from Canada at the Rainbow Bridge Port of Entry. The vehicle was registered to the defendant, a settlement worker in Canada who assisted Canadian permanent residents and refugees in understanding the Canadian education system. During primary inspection, Pham presented herself and a front seat passenger as Canadians, with Canadian passports. The defendant did not declare or present for inspection a Senegalese alien, who was secreted in the trunk of her vehicle. Subsequently, Customs and Border Protection officers discovered the alien, who was detained along with Pham.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and the U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charger Kevin Kelly.
Sentencing is scheduled for May 31, 2019, at 12:30pm before Judge Arcara.
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Jamestown Man Pleads Guilty for His Role in Methamphetamine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ernest Clayburn Cauley, Jr., 27, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between March 2017 and November 7, 2017, the defendant conspired with co-defendant Zakiel Fields, and others, to sell methamphetamine in the Jamestown, NY area. Cauley and Fields were the main suppliers of methamphetamine to a drug trafficking organization that was being investigated by the Federal Bureau of Investigation and the Jamestown Metro Drug Task Force (JMDTF).
On April 26, 2017, Cauley met with an individual working with the task force, and exchanged methamphetamine for $120.00 in cash. The defendants were subsequently arrested on November 6, 2017, following a drug transaction during which Cauley and Field received a quantity of methamphetamine. Cauley and Fields, driving in separate cars, were pulled over by police and arrested. Methamphetamine was found in the car in which Fields was riding.
Co-defendant Zakiel Leonard Fields, Jr. was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Cauley is scheduled to be sentenced on July 2, 2019, at 9:30 am before Judge Vilardo.
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Buffalo Man Indicted in Connection with Violent Home Invasion of an Elderly Tonawanda CoupleRead 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 Todd Laraba, 41, of Buffalo, NY, with Hobbs Act robbery and conspiracy, and marijuana conspiracy. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment and a previously filed complaint, on September 28, 2017, shortly before 9:00 p.m., two men entered the residence at 540 Harrison Avenue in Buffalo, NY, and went to the family room where an elderly couple (victims) was watching television. The complaint states that the men were wearing black hooded sweat shirts, black pants, black gloves and skeleton masks, and one of the men had a husky or larger build. One of the men stated to the victims, "This isn't going to hurt, or take long. You won't get hurt, just relax." The men zip tied the victims’ hands and ankles with black zip ties and placed duct tape across the victims’ mouth and eyes. One of the men stayed with the victims while the other went to the attic of the residence. After approximately ten minutes the victims heard the rear door close. At this time they removed the duct tape from their eyes and mouth. One of the victims observed one of the men fleeing while carrying what appeared to be a lockbox.
The Town of Tonawanda Police Department responded and while processing the scene, officers recovered four black zip ties, four pieces of glossy duct tape, and other items.
Subsequent DNA testing determined that the major DNA profile obtained from the zip ties obtained from the ankles and wrists of one of the victims matched the DNA of Laraba.
In addition, between April and November 2017, the defendant conspired with others to possess and distribute marijuana.“I applaud the dogged efforts of investigators from the Tonawanda Police and the Erie County Sheriff’s Departments, who, along with the federal partners at HSI and the FBI, never gave up on identifying and tracking down the person responsible for terrorizing these elderly victims in the serenity of their own home,” stated U.S. Attorney Kennedy. “The arrest of this defendant should send a strong message to anyone thinking about preying on those most vulnerable—you will be discovered; you will be apprehended; and you will be brought to justice.”
The indictment is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold, III; U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Olean 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 Jacob Tunison, 29, of Olean, NY, 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 Wei Xiang, who is handling the case, stated that according to the complaint, on January 14, 2019, the Cuba, NY Police Department alerted the FBI regarding the possible sexual exploitation of a child using social media. Subsequent investigation determined that in November of 2018, Tunison used one or more social media applications to communicate with a 13 year old female. The defendant sent numerous lewd images of himself to the minor, and solicited the minor to produce and send various images of herself to him.
Tunison made an appearance before U.S. Magistrate Judge Michael J. Roemer and is being held following a detention hearing.
The criminal complaint is the result of an investigation by the Cuba Police Department, under the direction of Chief Dustin Burch, and the Federal Bureau of Investigation, Jamestown Office, 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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Former Rochester CEO Indicted on Multiple Charges for Defrauding His Own CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 15-count indictment charging Michael Margiotta, 48, of Rochester, NY, with wire fraud, money laundering, and filing a false tax return. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, between May 2011 and January 2014, the defendant was Chief Executive Officer of eHealth Global Technologies, Inc. As eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. According to the contract, HCNA received a fee totaling 20% of an eHealth employee’s base salary for the first year for each employee referred by HCNA and hired by eHealth. The defendant caused HCNA to issue fraudulent invoices to eHealth and then directed subordinate employees at eHealth to pay the invoices.
In addition, Margiotta caused an individual, identified as Consultant A, to submit fraudulent invoices to eHealth for services actually provided to an unrelated entity known as Action Against Child Maltreatment, Inc. (AACM) that Margiotta controlled. Once again, the defendant directed subordinate employees at eHealth to pay the invoices.
In total, the defendant caused eHealth to pay approximately $455,000 in false and fraudulent invoices. A substantial portion of those funds were transferred into Margiotta’s personal brokerage accounts.
Furthermore, for the tax years 2011-2014, on his personal income tax returns, the defendant falsely overstated his business expenses and/or understated his business income, among other misstatements, and as a result, he evaded approximately $341,000 in taxes owed to the United States. Margiotta also filed false tax returns for his charity, AACM, for tax years 2013-2014, in order to conceal the improper transfer of $80,000 of AACM’s assets to himself.
The defendant was arraigned before U.S. Magistrate Judge Marian W. Payson and was released on conditions.
The indictment is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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California Man Arrested Getting Off Plane in Rochester 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 Gabriel Murillo, 44, of San Bernadino County, California, was arrested and charged by criminal complaint with attempted online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, between April 2018 and February 2019, Murillo engaged in sexually explicit online conversations with an individual who he believed was a 12 year old girl living in upstate New York. The defendant attempted to groom the child by sending her pornography, and despite acknowledging her age, requested that she meet with him for sex. On February 16, 2019, Murillo flew from Los Angeles, CA to Rochester, NY, in order to have sex with the child. Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator.
Murillo was apprehended while disembarking a plane at the Greater Rochester International Airport on February 16, 2019, by members of the New York State Police, Homeland Security Investigations, and the Federal Air Marshal Service.
The defendant made an initial appearance before U.S. Magistrate Marian W. Payson and is being held without bail pending a detention hearing.
The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; United States Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Federal Air Marshal Service, under the direction of Supervisory Air Marshal-in-Charge William Hall.
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 for Selling Synthetic MarijuanaRead 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 Fawzi Al-Arashi, 41, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute a controlled substance, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the investigation began in early 2012 when the Los Angeles Field Office of the Drug Enforcement Administration (DEA) notified the DEA's Buffalo Field Office of a suspected synthetic marijuana shipment destined for Buffalo. The package was delivered to the defendant at 3407 Delaware Avenue in the Town of Tonawanda, home of Town Tobacco.
Subsequent investigation revealed that Al-Arashi sold synthetic marijuana, also known as “Spice,” under such names as “Strawberry Flavored Potpourri,” “Tiger Shack,” “Atomic,” “G-20,” and “California Dreams” out of Town Tobacco on Delaware Avenue in Tonawanda, and at Welcome Welcome on Main St. in North Tonawanda.
Throughout the investigation, police received numerous complaints regarding the stores. One woman called and stated that her son was in the Erie County Medical Center Psychiatric Ward after using synthetic marijuana that he bought at Town Tobacco.
On July 25, 2012, authorities executed a search warrant at a warehouse leased to the defendant where he stored the synthetic marijuana, and found some 75 pounds of the products, which were typically sold in small sealed packets.
As part of the plea agreement, Al-Arashi forfeited more than $290,000 seized from various of his bank accounts as well as a 2012 Toyota Tundra.In announcing the sentence, U.S. Attorney Kennedy stated, “Despite the ‘green rush’ sweeping through our region of late, today’s sentencing makes two things crystal clear: (1) the manufacture and distribution of marijuana—whether real or synthetic—remain federal crimes; and (2) proceeds from the manufacture and distribution of marijuana remain subject to federal seizure and forfeiture.”
Today’s sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in- Charge, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of under the Major Mary Clark; the Tonawanda Police Department, under the direction of Chief Jerome Uschold; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack.
Lockport Man Sentenced for Attempting to Retrieve Cocaine Mailed from Puerto Rico in an Oatmeal ContainerRead 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 Juan M. Serrano Acevedo, also known as Juan Acevedo-Serrano, 36, of Lockport, NY, who was convicted of possession with intent to distribute at least 500 grams of cocaine, was sentenced to serve 30 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that in late October of 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Lockport. During the execution of a search warrant on the package, law enforcement officers discovered two pounds of cocaine hidden inside an oatmeal canister. At that time, the USPIS removed the cocaine from the package.
On December 30, 2015, Serrano Acevedo went to the Lockport Post Office to sign for and accept the package addressed to him. After exiting the post office, the defendant was arrested. Following the arrest, Serrano Acevedo admitted that he ordered the cocaine, that he had previously received a package that contained cocaine, and that he sold cocaine.
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 Division, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Former Rochester CEO Indicted on Multiple Charges for Defrauding His Own CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 15-count indictment charging Michael Margiotta, 48, of Rochester, NY, with wire fraud, money laundering, and filing a false tax return. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, between May 2011 and January 2014, the defendant was Chief Executive Officer of eHealth Global Technologies, Inc. As eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. According to the contract, HCNA received a fee totaling 20% of an eHealth employee’s base salary for the first year for each employee referred by HCNA and hired by eHealth. The defendant caused HCNA to issue fraudulent invoices to eHealth and then directed subordinate employees at eHealth to pay the invoices.
In addition, Margiotta caused an individual, identified as Consultant A, to submit fraudulent invoices to eHealth for services actually provided to an unrelated entity known as Action Against Child Maltreatment, Inc. (AACM) that Margiotta controlled. Once again, the defendant directed subordinate employees at eHealth to pay the invoices.
In total, the defendant caused eHealth to pay approximately $455,000 in false and fraudulent invoices. A substantial portion of those funds were transferred into Margiotta’s personal brokerage accounts.
Furthermore, for the tax years 2011-2014, on his personal income tax returns, the defendant falsely overstated his business expenses and/or understated his business income, among other misstatements, and as a result, he evaded approximately $341,000 in taxes owed to the United States. Margiotta also filed false tax returns for his charity, AACM, for tax years 2013-2014, in order to conceal the improper transfer of $80,000 of AACM’s assets to himself.
The defendant was arraigned before U.S. Magistrate Judge Marian W. Payson and was released on conditions.
The indictment is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Williamsville Man Sentenced for Stealing from A Union and Insurance CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy McCluskey, 61, of Williamsville, NY, who was convicted of conspiracy to commit mail fraud, was sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. to serve two years’ probation to include six months home detention. Judge Geraci also ordered the defendant to perform 100 hours of community service.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between November 21, 2014, and January 2015 the defendant conspired with another individual to defraud the International Union of Painters & Allied Trades (IUPAT).
Specifically, in December 2014, McCluskey caused a back-dated application seeking to have his then deceased brother reinstated into the union. In January of 2015, the defendant filed a death benefit claim in his brother’s name with the union, and as a result, IUPAT issued life insurance proceeds to defendant in the amount of $2,500.
In addition, between December 2014 and February 2015, defendant engaged in a scheme to defraud the Hartford Insurance Company, by falsely claiming to IUPAT that his deceased brother had worked over 500 hours at his painting company, E&M Star Painting, Inc., between January 2014 and March of 2014, such that his deceased brother would be eligible for a $50,000 life insurance policy.
Today’s 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, the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division, the Employee Benefits Security Administration, under the direction of Carol S. Hamilton, Acting Regional Director, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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West Seneca Man Pleads Guilty to Bilking Victims Out of Thousands of Dollars in Scheme Involving Postage Stamps and Lottery TicketsRead 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 Jerry Hayes, 71, of West Seneca, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to unlawfully mailing lottery tickets and related matter. The charge carries a maximum penalty of two years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that between 2006 and November 17, 2017, the defendant participated in a scheme to mislead and defraud others. Hayes sent out circulars and solicitation letters encouraging potential participants (victims) to join a “club” and to mail items of nominal value, namely, cash, U.S. postage stamps, and/or unscratched lottery tickets, to two or more purported other “participants,” whose alleged names and addresses were listed on the circulars and solicitation letters.
The solicitation letters directed the victims, in turn, to provide their names and addresses, allegedly so that the information could be added to the top of the solicitation letters, thereby making the victim an “instant benefactor” of all future mailed letters. The defendant advertised that such participation in the club would result in an exponential number of people sending cash, stamps or lottery tickets back to the victim, hence allowing the victim to “get rich” off an initial minimal investment.
The solicitations letters further indicated that the majority of the current club participants resided in Western New York. However, the addresses listed in the solicitation letters were merely post office boxes rented by the defendant and located in Hamburg, West Falls, East Aurora, Athol Springs, Blasdell, Orchard Park, and West Seneca, New York. All of the participants named on the solicitation letters were aliases used by Hayes, and each of the names were associated with a different post office box rented by the defendant.
Hayes mailed circulars and solicitation letters to individuals throughout the United States with a return address of “THG Funding,” PO Box 872, East Aurora, NY, 14052. Each envelope was addressed by hand, and each contained a notation such as: “Christmas Club;” “Requested Material;” “Stamp Club;” or “Personal Stimulus Plan.” The solicitation letters touted in their narratives that such opportunities were an “endless circle of cash,” “make money all year,” “simple inexpensive program could make you a multi-millionaire,” and “receive monthly benefits of $15,000.00.”
As a result of the scheme, Hayes collected approximately $90,713 in cash and postage stamps.
Today’s plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing is scheduled for May 9, 2019, at 2:00 p.m. before Judge Wolford.
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Restaurant Owner Sentenced to A Year in Prison for Tax Evasion and Employing 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 Sergio Ramses Mucino, 48, of Buffalo, NY, who was convicted of tax evasion and conspiracy to unlawfully employ more than ten aliens during any 12-month period, was sentenced to serve 12 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant owned and operated multiple restaurants in the Western New York area, including: Don Tequila, located at 73 Allen Street, Buffalo; El Agave located at 3870 Union Road, Cheektowaga, NY; Agave, located at 765 Elmwood Avenue, Buffalo; and La Divina, located at 2896 Delaware Avenue, Kenmore, NY.
For the tax years 2013, 2014, and 2015, Mucino owed substantial federal income tax as a result of income generated at the his restaurants through his employment of illegal aliens. However, the defendant concealed cash payments, failed to collect payroll taxes, paid employees with cash, and placed assets in the names of others, to evade payment of income taxes totaling $1,006,161.
Between March of 2014 and October 16, 2016, Mucino, along with co-defendants Jose Sanchez-Ocampo and Marguin Sanchez, conspired to hire at least 10 illegal aliens to work in the defendant’s restaurants. In furtherance of the conspiracy, Mucino provided money to Sanchez to purchase homes where the alien employees would live, including 149 North End in Kenmore, and 4024 Union Road in Cheektowaga. The defendant also paid rent for nine apartments where the alien employees lived. The two houses and nine apartments were within close proximity to the defendant’s restaurants.
Mucino is forfeiting nearly $40,000 in cash that was seized from his restaurants, a 2009 Porsche Boxster that the defendant purchased with his illegal profits, and another $1,000,000 representing additional profits made from operating the restaurants against the laws of the United States. Previously, Mucino forfeited two houses, which housed some of the illegal workers, as well as another $35,000 in cash by managers of Mucino’s restaurants.
Jose Sanchez-Ocampo and Marguin Sanchez were previously convicted.
“Those employers who evade immigration laws and put their own financial interests above the responsibilities incurred by all citizens of our country do great harm to the fabric of our Nation,” noted U.S. Attorney Kennedy. “While immigration and economic opportunity are part of the warp of our Nation’s fabric, their value exists only when interwoven into the weft of unyielding principles such as fairness and respect for the law. Through this prosecution we seek to reinforce our adherence to those important and enduring principles, as without them, the fabric of our Nation will be frayed into a tattered collection of individual threads of self-interest.”
“Today’s outcome marks the successful culmination of a complex worksite investigation and demonstrates our intent to hold businesses accountable who ignore their employment and tax obligations,” said Kevin Kelly, HSI Buffalo Special Agent-in-Charge. “Employers who knowingly hire unauthorized workers are not only contributing to the magnet that fuels illegal immigration, but these illegal practices also undercut legitimate businesses who play by the rules.”
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 Investigations 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 Executive Deputy Commissioner Nonie Manion.
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California Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Loren Glen Warner, 29, of Fresno, CA, who was convicted of production of child pornography, was sentenced to serve 20 years in prison and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in early January, 2017, the defendant met the 14 year-old victim at her family’s church in Cattaraugus County, NY, and the two began communicating via Facebook and Snapchat. During those communications, Warner, who knew the victim was 14 years-old, began making sexual references and statements, and sent sexually explicit images of himself to the victim. The defendant also asked for and received nude photographs of the victim.
Warner also met a 13 year-old victim at a church in Fresno, California. Over several years, the defendant requested and received child pornography images and videos from that victim as well.
In March 2017, the defendant pleaded guilty to Rape in the Second Degree, and Endangering the Welfare of a Minor in Cattaraugus County Court and was sentenced to seven years in prison.
Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major Edward Kennedy; and the Cattaraugus County District Attorney’s Office, under the direction of Lori Rieman.
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Two More Opioid Dealers Sentenced for Their Roles in Elmira Drug 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 Robert J. Elford, 30, of Oneida, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to serve 121 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Deven Hill, 25, of Elmira, NY, to serve 37 months in prison for his conviction on a charge of conspiracy to possess with intent to distribute, and to distribute, a fentanyl analogue.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that both defendants were part of a large-scale opioid manufacturing and trafficking organization that operated in the Southern Tier of New York between 2015 and May 2017. As members of the organization, Elford and Hill were street-level dealers of blue pills containing furanyl fentanyl in the Elmira area. The blue pills were manufactured by the leaders of the organization – Robert Ian Thatcher and Maximillian Sams – and made to look like legitimate 30 milligram Percocet pills.
Elford and Hill each admitted to selling pills to various customers, including a 25 year-old male who ultimately died of drug overdose from using the pills.
To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Four defendants have been sentenced: Thatcher was sentenced to serve 23 years 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; Edward Barrett was sentenced to 90 months in prison; Dusty Pemberton was sentenced to 70 months in 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 Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell; and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.# # # #
Turkish Man Faces Extradition for Attempted Murder ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Samet Cekic, 34, of Greece, NY, was arrested pursuant to a fugitive complaint filed by the United States Attorney Office, fulfilling obligations pursuant to an extradition treaty which exists between the United States and Turkey.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the proceedings, stated that, according to information provided by the Government of Turkey, Cekic was previously convicted of Attempted Intentional Killing under Turkish Law. That conviction stemmed from an incident which occurred on September 22, 2006, in the Province of Corum, District of Alaca, Turkey, during which defendant was alleged to have engaged in a fight during which he stabbed an individual multiple times with a knife, causing life-threatening injuries. On July 2, 2008, defendant was sentenced to serve five years and seven months in prison. However, he ultimately failed to appear to serve that sentence. The defendant was located Tuesday by the United States Marshals service as he left his residence in Greece. Pursuant to the Treaty, the Government of Turkey submitted a formal request through diplomatic channels for the extradition of Cekic, so that he may serve the previously imposed sentence.
Cekic’s arrest is the result of the efforts of the U.S. Marshals Service, under the direction of Marshal Charles Salina.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was detained.
Three Lockport Residents Charged with Distributing Heroin and Fentanyl That Led to the Death of One and Serious Injury to AnotherRead 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 Bruno J. Haney, II, 29, Marissa L. DeCarlo, 26, and James O. White, 27, all of Lockport, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, heroin, butyryl fentanyl, and fentanyl that resulted in serious bodily injury and death. The charge carries a mandatory minimum penalty of 20 years in prison and a maximum of life.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, in the early morning hours of March 25, 2017, officers from the Medina, NY Police Department found an individual identified as W.S. unresponsive and in cardiac arrest. W.S. later died. Officers recovered three small, clear, zip lock baggies containing a powder residue and a hypodermic needle in W.S.'s pant pockets. A subsequent analysis determined the substance contained heroin and fentanyl. The coroner ruled that the cause of death was the combined effects of fentanyl and alcohol.
Text messages retrieved from the cellular telephone of W.S. show that on the evening of March 24, 2017, W.S. ordered a half of a “bun,” which is street slang for half of a bundle of heroin from a contact saved on W.S.'s cellular phone as “James,” which was determined to be defendant James White.
Subsequent to W.S.’s death, law enforcement officers, in June 2017, conducted two controlled buys of half a bundle of heroin from White. During each of those purchases, White left his Caledonia Street residence and went to Haney’s Prospect Street residence. Additionally, in April and June 2017, law enforcement officers conducted three controlled purchases from Haney at his Prospect Street residence that he shared with DeCarlo. On June 16, 2017, members of the Niagara County Drug Task Force and the Drug Enforcement Administration executed a search warrant at Haney and DeCarlo’s residence. Officers recovered a quantity of butyryl fentanyl, $515.00 in U.S. currency, and drug packaging paraphernalia. In June and July of 2018, law enforcement officers made three additional controlled buys of heroin and fentanyl from Haney.
On October 09, 2018, the Lockport Police Department responded to a report of an overdose. Officers located an individual, identified as J.B., who was unresponsive with shallow breathing. Patrol officers administered two doses of Narcan and J.B. began making attempts to breathe. J.B. was transported by ambulance to the hospital for further medical treatment. J.B. later told officers that she overdosed on what she thought and was told was heroin, which she purchased from Haney. DeCarlo was present during that purchase.
On January 14, 2019, Haney was indicted in Niagara County Court for three counts of Criminal Possession of a Controlled Substance 3rd and three counts of Criminal Sale of a Controlled Substance 3rd. He was arrested on January 18, 2019. During a search of a residence on East Avenue in Lockport, officers recovered a quantity of a mixture of heroin and fentanyl, a quantity of fentanyl, a quantity of marijuana, $978 in U.S. currency, and drug packaging paraphernalia.
While in custody in the Niagara County Jail, Haney made several phone calls to DeCarlo directing her to collect money owed to Haney for drug transactions. The two also discussed Haney’s source of supply and how to proceed with their narcotics activity.
On January 24, 2019, the Niagara County Drug Task Force received an online complaint that Haney was out on bail and was again selling narcotics at his residence on East Avenue.
White was arrested on January 22, 2019, by the Orleans County Major Felony Crime Task Force and charged with felony manslaughter in the second degree. While incarcerated at the Orleans County Jail, White made a phone call to an unknown individual, during which he stated, “they are trying to say that back in 2017 I caught a body.” White further stated that he got “him” (W.S.) half a bundle from Bruno.
The complaint is the result of an investigation by the Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour; the Niagara County District Attorney’s Office, under the direction of District Attorney Caroline A. Wojtaszek; the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower; the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Lockport Police Department, under the direction of Chief Steven Preisch.
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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