Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Sentenced for Selling Cocaine Near A Buffalo SchoolRead 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 Stevie Alejandro, 32, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that the defendant operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant utilized the barber shop to facilitate a drug distribution network. Alejandro conspired with co-defendants Aaron Hill, Cleophus Dentmond, a/k/a Face, Gilbert Guzman, and others, to distribute cocaine in the Lovejoy District.
During the course of the investigation, Alejandro and his associates made numerous cocaine sales to an undercover police officer. Aaron Hill, Cleophus Dentmond, and Gilbert Guzman were previously convicted and sentenced.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Raymond P. Donovan, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Buffalo Couple Pleads Guilty to Fraudulent Tax Refund SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Collins, a/k/a Scooter, 40, and Quintella Wilson, 36, both of Buffalo, NY, pleaded guilty to conspiracy to defraud the government with respect to claims (Collins) and aiding and abetting fraudulent returns, statements, or other documents (Wilson) before Chief U.S. District Judge Frank P. Geraci, Jr. Collins’s charge carries a maximum penalty of 10 years in prison and a $250,000 fine. Wilson’s charge carries a maximum penalty of one year and a $100,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that between 2012 and 2015, Collins organized various individuals in Buffalo to file fraudulent tax returns with the Internal Revenue Service, claiming false income and tax withholdings on false W-2 forms. Wilson assisted Collins in part by driving the tax filers to tax return preparers to file the fraudulent forms. Investigators identified 16 fraudulent filings in the conspiracy that claimed $124,787 in false refunds. Collins generally took a cut of each tax refund that was fraudulently obtained. Three of the tax filers have also been convicted for their roles.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for March 21, 2019, before Judge Geraci.
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Former Buffalo Police Lieutenant Sentenced on Federal Civil Rights 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 Gregory Kwiatkowski, 54, of Buffalo, NY, who was convicted of deprivation of rights under color of law, was sentenced to serve four months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also sentenced to one year supervised release to include four months home detention.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the conviction stems from a series on incidents which occurred while defendant Kwiatkowski was working the overnight shift as a Lieutenant with the City of Buffalo Police Department (BPD) on May 30-31, 2009. That night, Lt. Kwiatkowski arrived at 52 Treehaven Road in Buffalo to respond to a vehicle that had been stopped by the Cheektowaga Police Department (CPD) and that was believed to be involved in an ongoing series of BB gun shootings, including one which occurred earlier that night. Lt. Kwiatkowski was the first BPD officer to arrive at the scene. Other CPD officers were present at the scene when Lt. Kwiatkowski arrived and had already removed the vehicle’s four occupants, who were all between 16 and 18 years old. At the time of Lt. Kwiatkowski’s arrival, all of the occupants were compliant and completely under the control of the CPD officers.
Upon arriving at the scene, Lt. Kwiatkowski used unlawful and unreasonable force on each of the four occupants. Specifically, Lt. Kwiatkowski admitted to forcibly pushing each of the suspects heads and upper torsos into the vehicle around which they were being detained. As set forth in his plea agreement with the government, Lt. Kwiatkowski agreed that his use of force against the four suspects was unreasonable and excessive and that his use of such use of force deprived the suspects of their Constitutional rights to be free from unreasonable seizure and to due process of law, by one acting under color of law.
Following the defendant’s use of force on the four occupants, the defendant recovered a BB gun from the vehicle in which the suspects had been riding and handed the BB gun to one of the other two BPD Officers, Raymond Krug and Joseph Wendel, who had arrived on scene shortly after the defendant. Krug and Wendel, who were accused of shooting one of the individuals with the BB gun while that individual was handcuffed next to another arrested individual in the back seat of the police car, were acquitted following a trial.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-In-Charge, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Former 5LINX Owner Sentenced to 14 Months in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeb Tyler, 45, of Rochester, NY, who was convicted of conspiracy to commit wire fraud and filing a false tax return for the year 2012, was sentenced to serve 14 months in prison by U.S. District Court Judge David G. Larimer. The defendant was also ordered to pay $2,759,633 in restitution.
Assistant U.S. Attorney Richard A. Resnick, who handled the prosecution, stated that in 2001, the defendant, together with Craig Jerabeck and Jason Guck started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester, which offered utility and telecommunications services, health insurance, nutritional supplements, and business services. 5LINX used independent representatives to sell products and services, and to recruit additional representatives. Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and the defendant was Vice President.
In June 2006 and July 2006, the defendant, Jerabeck, and Guck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors"). Between May 2010 and April 2016, 5LINX sold and distributed products for a Florida vendor. The defendant, along with Jerabeck and Guck, and without the knowledge of the Investors, Board of Directors, or other stockholders, conspired and agreed to cause the Florida vendor to pay them personally or companies they owned approximately $2,310,510, which their Stockholders Agreements prohibited them from receiving. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders were entitled to and should have received such funds instead of defendant, Guck, and Tyler.
The Judge at sentencing also referenced that the defendant, Jerabeck and Guck engaged in additional fraudulent conduct by representing themselves as “fictitious representatives” of 5Linx, resulting in them receiving approximately $12,000,000 in fraudulent proceeds.
In addition, the defendant provided material false information on his personal tax returns, Forms 1040, for the years 2011 through 2013, and 2015. Specifically, Tyler failed to report income he received from 5LINX, and took deductions to which he was not entitled, that is, commissions that were not paid. The false returns resulted in a tax loss of approximately $449,123.
The Judge ordered the forfeiture of the defendant’s interest in real property at 4385 County Road 16 in Canandaigua, NY.
Craig Jerabeck and Jason Guck were previously convicted. Jerabeck was sentenced to 14 months in prison, Guck is awaiting sentencing.
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.# # # #
Eight Defendants Arrested in Major Narcotics 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 eight defendants were arrested and charged by criminal complaint with conspiracy to distribute five kilograms or more of cocaine, and one kilogram or more of heroin. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Named in the complaint are:
• Edwin Deleon, 27;
• Eugenio Torres, 44;
• Clarita Mendez, 31;
• Sergio Smith, 30;
• Manuel Lewis, 29;
• Bryan Deleon, 23;
• Juan Ortega-Baez, 18; and
• Angel Fernando, 28, all of Rochester, NY.Defendants Edwin Deleon, Eugenio Torres, Clarita Mendez, are also charged with possession with intent to distribute cocaine, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the complaint, the defendants were responsible for trafficking heroin and cocaine in and around the City of Rochester. The arrests are the result of a lengthy investigation that involved various sensitive investigative techniques.
During the execution of search warrants this morning, investigators recovered multiple firearms, quantities of suspected fentanyl, heroin, and cocaine, as well as more than $20,000 in cash.
The defendants made initial appearances today before U.S. Magistrate Judge Marian W. Payson and are being detained.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Mark Simmons; U.S. Border Patrol, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Accused of Taking A 14 Y/O Girl to NYC Illegally Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Gonzalez, 42, of Rochester, NY, was charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, on December 3, 2018, the Rochester Police Department received a 911 call from a mother regarding her missing 14-year-old daughter who had not been seen since December 1, 2018. The mother, who attempted to call her daughter’s cell phone several times without success, told police that her daughter left the house that day around 1:00 p.m. without her permission. The mother also told officers that she recently discovered that her daughter was in an inappropriate sexual relationship with her neighbor, Robert Gonzalez. The mother stated that she caught the defendant kissing her daughter in front of her house, and that her daughter confessed to her that she has been dating Gonzalez and that they had sex numerous times.
In addition, the mother stated that there were messages from her daughter’s Facebook account between her and the defendant indicating that they were in a sexual relationship. Messages included: “I love you,” “Come over,” and Gonzalez asking if they were going to make love to which the daughter responded, “yeah 100.” The mother also stated that a friend advised her that the defendant took her daughter to New York City. A Facebook photograph of the daughter and a New York City skyline in the background was posted to the daughter's account on December 2, 2018. A friend of Robert Gonzalez also told officers that Robert Gonzalez told him that he took the daughter to New York City but would not state exactly where in New York City.
An emergency trace was put on the defendant's cell phone which showed that he was in fact in New York City. An Amber Alert was issued and the FBI and NYPD assisted with the investigation and ultimately apprehended Robert Gonzalez. The defendant was apprehended on December 6, 2018, at the Red Carpet Inn in Brooklyn, NY.
At the time of his arrest, officers seized Gonzalez’s cell phone. A search of the recovered numerous videos, taken between November 12, 2018, and November 19, 2018, of the defendant engaging in sexual activity with the daughter.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson.
The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert, and the New York Police Department, under the direction of Chief Terence Monahan.
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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Buffalo Man Sentenced to 300 Months in Prison Following RICO 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 Kevin Allen, 38, aka Killer Kev, of Buffalo, NY, who was convicted following a seven-week jury trial of multiple RICO, drug and gun charges, was sentenced to serve 300 months in prison by U.S. District Judge Richard J. Arcara. The sentence will be served consecutive to a 25 year to life sentence imposed by New York State following the defendant’s conviction on a murder charge.
Allen was convicted along with co-defendant Thamud Eldridge of Racketeering Influenced Corrupt Organization (RICO), RICO conspiracy, narcotics conspiracy, possession of firearms in furtherance of drug trafficking, and the trial included evidence of the defendant’s role in conspiring to target drug dealers for gun-point robberies, and included evidence the Allen conspired to kidnap and rob a Buffalo-area drug dealer of kilograms of cocaine.Assistant U.S. Attorneys Joseph M. Tripi and Meghan A. Tokash, who handled the prosecution of the case, stated Allen and Eldridge were members and associates of a criminal organization which operated on the East Side of Buffalo from 2003 until 2005. The organization was found by the jury to be a violent group of gang members who specialized in targeting and then robbing drug dealers in and around the City of Buffalo, intending to steal their illegal drugs, money, and jewelry. Allen, Eldridge, and their associates were also accused in the Indictment of invading victim’s homes, threatening residents at gun point for money and other items of value, and kidnapping drug dealers.
One victim who testified for the Government at trial, told the jury that Allen and Eldridge came to his home seeking money and drugs, then forcibly kidnapped him--forcing him into their vehicle with a gun into his neck. They drove the victim to another location in Buffalo where the victim stored his drugs. The dealer said his life was spared only because he was able to give them two kilograms of cocaine.Another Government witness testified that he was robbed of money at gunpoint in the driveway of his family home.
Other victims of a home invasion masterminded by Eldridge testified that their arms and legs were bound with duct tape while they were held at gunpoint--execution style. One victim was handicapped and duct taped to his wheelchair. While Eldridge's associates tried to break into the upper apartment which belonged to a known drug dealer, he casually smoked a cigar. That cigar was collected by crime scene detectives and later tested for DNA which confirmed Eldridge's presence at the crime scene.
Victims testified about the terror they experienced--one told the Court she dialed 9-1-1 underneath a couch so Eldridge and his gang members would not detect her attempts at contacting law enforcement. Eldridge and associates escaped before police arrived--only to be caught be his DNA left at the crime scene.Additionally, the members of the enterprise and their associates distributed quantities of cocaine, crack cocaine, heroin and marijuana, and planned conspired, attempted and committed robberies and murders against other rival drug dealers in order to enhance their street credibility on the East Side of Buffalo.
“The reign of terror engaged in by these defendants has come to a familiar ending, with federal convictions and sentences that will result in those charged spending all or most of the rest of their lives in jail,” noted U.S. Attorney Kennedy. “Fittingly, yet somewhat ironically, the most valuable item taken by each of these robbers was their own lifetime worth of freedom.”
Thamud Eldridge was previously sentenced to serve 50 years in prison.
Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, 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 Ashan Benedict; the New York State Police, under the direction of Major Edward Kennedy, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.# # # #
4TH Florida Man Pleads Guilty in Connection to Multi-Million Dollar Fraud Against Xerox CorporationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that Jason Haynes, of Florida, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud and filing a false tax return in connection with a scheme to defraud the Xerox Corporation of more than $20,000,000. 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 the defendant, along with Kyle Haynes, David Haynes and Bryan Day, owns Haynes Brother Furniture in Daytona Beach, Florida, where defendant resides. Co-conspirator Robert Fisher’s company, RBM Imaging, was an authorized reseller of Xerox office equipment.
Xerox, which has a location in Webster, NY, sells and leases office equipment, including printers. Xerox sells or leases the office equipment directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers, like the defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.
The Haynes’ set up a sham company, HDH Graphics, to obtain approximately 63 Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25,000,000 worth of toner to HDH Graphics. The Haynes’ then sold the fraudulently obtained toner for approximately $11,000,000 to an individual in Miami, Florida. The Haynes’ and Fisher shared the profits from the fraudulent sale of the Xerox toner.
In executing the scheme, the Haynes’ repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. The Haynes’ provided Xerox with false usage profiles from the printers and false print samples that made it appear that the defendants were making the millions of prints and using much more toner than the industry average for each print.
Jason Haynes also filed false personal income tax returns with the Internal Revenue Service for the years 2008 through 2013. His personal tax returns failed to report net income HDH Graphics earned from the fraudulent sale of the Xerox toner. Because HDH Graphics was a partnership, all of its net income flowed through to the Haynes’ personal tax returns. Therefore, the underreporting of the net income on HDH Graphics tax returns resulted in the underreporting of the income on the defendant’s personal tax returns.
The Haynes’ underreported the net income earned by HDH Graphics by falsely claiming that they had personally paid and incurred travel and shipping expenses on behalf of HDH Graphics. They then had HDH Graphics reimburse them for the falsely claimed expenses and falsely reported such expenses as deductions on HDH Graphics tax returns. The falsely reported deductions on HDH Graphics tax returns were approximately $265,154, resulting in approximately $265,154 less in net income being reported on the corporate returns. As a result, approximately $66,288.50 should have flowed through as income to the defendant’s personal tax returns.
The defendant also agreed to forfeiture of assets that were previously seized by the government.
Kyle Haynes, David Haynes, and Bryan Day were previously convicted and are awaiting sentencing. Charges remain pending against Robert Fisher. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for March 13, 2019, at 2:00 p.m. before Judge Wolford.
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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 Donald Hennings, 32, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, butyryl fentanyl and furanyl fentanyl. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on three separate occasions in September and October 2016, the Hamburg Police Department conducted three separate controlled purchases of butyryl fentanyl from the defendant. In addition, in October and November 2016, Hamburg Police conducted six controlled purchases of furanyl fentanyl from Hennings.
On December 7, 2016, a search warrant was executed at the defendant’s residence on Southside Parkway in Buffalo. Officers recovered quantities of furanyl fentanyl and crack cocaine, multiple grinders, a digital scale, and blue envelopes and rubber bands commonly used to package controlled substances. Hennings was arrested inside a 2012 Chevy Traverse vehicle, which he used during several of the controlled purchases. In the door panel on the driver’s side, where the defendant was sitting, officers found an additional quantity of furanyl fentanyl.
The plea is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for March, 25, 2019, at 12:30 p.m. before Judge Arcara.
Social Services Worker Indicted on Charges of Defrauding A Client Out of A Car and Lying to the FBIRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Rhonda Henderson, 47, of Cheektowaga, NY, with mail fraud and making false statements. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that according to the indictment, between September 2013 and January 3, 2014, the defendant devised a scheme to defraud Victim A of a 1999 Honda Accord, which belonged to the victim’s deceased mother. Henderson worked as a social services manager for a local social services agency. The defendant met Victim A, who suffered from a variety of mental health issues and only completed formal education through seventh grade, through her employment at the agency where Victim A received services.
As part of the scheme, Henderson reminded Victim A of the things that Henderson did for Victim A and Victim A's mother prior to her death, and advised Victim A that Victim A should do the defendant a favor as a result. Henderson asked Victim A to allow her son, D.H., to drive the 1999 Honda Accord for a temporary period of time because Henderson was having financial trouble and could not get her son a car. Victim A gave the defendant and her son physical possession of the vehicle.
Henderson deceived Victim A into signing Department of Motor Vehicle (DMV) documents that would allow the defendant to obtain a duplicate title for the 1999 Honda Accord. Henderson took Victim A to the DMV branch on Sheridan Drive in Amherst, NY, at which time Victim A filled out and signed an application for a duplicate title. The application was then processed by L.Y., an associate of Henderson. A duplicate title was issued in the name of Victim A's deceased mother, but with Henderson's home address in Cheektowaga listed on the title. Victim A did not fill out the address portion of the form and did not know that it included Henderson’s address.
Subsequently, the defendant forged Victim’s A’s signature on the duplicate title, listing Victim A as the “seller,” and listing herself as the “buyer.” Henderson then registered the 1999 Honda Accord in her name. The defendant’s actions resulted in the DMV mailing the defendant title to the vehicle and defrauding Victim A of the 1999 Honda Accord.
The indictment further alleges that in June 2014, the defendant made several false statements to the FBI when she was questioned pertaining to her actions related to the 1999 Honda Accord.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Motor Vehicles, Division of Field Investigation, under the direction of Owen McShane, Director of Investigations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Felon Pleads Guilty to 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, pleaded guilty to possession of a firearm by a convicted felon, before U.S. District Judge Charles Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling 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.
The plea 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 Ashan Benedict, New York Field Division.
Sentencing is scheduled for March 12, 2019, at 9:15 a.m. before Judge Siragusa.
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Former 5Linx Owner Sentenced on Wire Fraud and Tax Charges for His Role in Multi-Million Dollar Marketing SchemeRead 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 Craig Jerabeck, 57, of Rochester, NY, who was convicted of conspiracy to commit wire fraud and filing a false tax return, was sentenced to serve 14 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay $2,310,510 in restitution to victims and $118,628.00 to the Internal Revenue Service.
Assistant U.S. Attorney Richard A. Resnick, who is handling the prosecution of the case, stated that in 2001, the defendant, along with co-defendants Jeb Tyler and Jason Guck, started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester. The company offered utility and telecommunications services, health insurance, nutritional supplements, and business services. 5LINX utilized independent representatives to sell products and services, and to recruit additional representatives. Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was also a Vice President. In June 2006 and July 2006, Jerabeck, Tyler and Guck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors").
Between May 2010 and April 2016, 5LINX sold and distributed products for a Florida vendor. As part of his plea agreement, Jarabeck admitted that he, together with Guck and Tyler, personally, and by companies they owned, received approximately $2,310,510 from a Florida vendor, without the knowledge of the 5LINX’s Investors, Board of Directors, or other stockholders. Jerabeck further admitted that he, Guck, and Tyler were each prohibited from receiving such money by their Stockholders Agreements. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders, were entitled to and should have received the funds instead of Jerabeck, Guck, and Tyler.
In addition, Jerabeck provided false information on his personal tax returns for the years 2011 through 2013, and 2015. The defendant failed to report income he received from 5LINX, and took deductions to which he was not entitled, that is, commissions that were not paid. The false returns resulted in a tax loss to the Internal Revenue Service of approximately $118,628.
Judge Larimer also ordered the forfeiture of the defendant’s interest in real property at 90 East Lake Road, in Middlesex, NY.
Jeb Tyler and Jason Guck were previously convicted and are scheduled to be sentenced on December 12, 2018, and December 19, 2018, respectively.
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Court of Appeals Affirms Conviction and Sentence of Rochester Man Who Was Planning Deadly Attack to Pledge His Support to ISILRead 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 the United States Court of Appeals for the Second Circuit has affirmed the conviction and sentence of Emanuel L. Lutchman.
On April 11, 2016, the defendant pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL). On January 26, 2017, Judge Geraci sentenced Lutchman to 20 years in prison and 50 years supervised released.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups.
On December 25, 2015, Lutchman initiated online contact with Abu Issa Al-Amriki, an ISIL member and external attack planner in Syria, who told the defendant to plan an attack on New Year’s Eve and kill a number of kuffar (non-believers and infidels), in order to pledge his allegiance to ISIL. Al-Amriki was subsequently killed in an airstrike in Syra in 2016.
Lutchman also communicated with other individuals who, unbeknownst to the defendant, were cooperating with the FBI. In these communications, Lutchman discussed details of the New Year’s Eve attack, including potential targets. One identified target was the Merchant’s Grill, a bar/restaurant in Rochester. On December 29, 2015, Lutchman went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. The defendant told that individual that “the operation is a go,” and noted that many victims would have to be killed. On December 30, 2015, Lutchman made a video pledging allegiance to ISIL. In reference to the planned New Year’s Eve attack, the defendant stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” Immediately thereafter, law enforcement agents arrested Lutchman.
In their decision, the Circuit Judges noted: “Lutchman’s behavior at the end of the sentencing proceeding validated the district court’s conclusion. Lutchman had maintained a pretense of remorse that was dropped after the sentence was announced. Lutchman then laughed, reaffirmed his allegiance to ISIL’s leader, and stated that more individuals like him would “rise up.” We see no error in the imposition of the statutory maximum sentence.”
The investigation was conducted by the FBI’s Rochester Joint Terrorism Task Force. On appeal, the government was represented by Assistant U.S. Attorneys Tiffany H. Lee and Brett A. Harvey.
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Rochester Man Sentenced for Defrauding Would-Be Vacation Home Renters Out of Thousands of DollarsRead 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 Henry T. Dean, III, 58, of Beaver Dams, NY, who was convicted of wire fraud, was sentenced to serve 36 months in prison by U.S. District Judge Elizabeth A. Wolford. The judge also ordered the defendant to pay restitution totaling $120,000.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between September 2014 and October 2016, the defendant engaged in a scheme to defraud renters of vacation properties located in the Finger Lakes Region in New York State. Dean executed the scheme by advertising vacation homes on internet websites such as FingerLakesGuesthouses.com, Homeaway.com, and VacationRentalsByOwner.com.
The defendant advertised at least two homes in the Finger Lakes Region on the websites as large vacation homes with various amenities that were available for rentals upon receipt of a fully refundable monetary deposit by any interested customers. Dean accepted payment from customers via wire money transfers or online credit card payments. In reality, the property advertised as the Finger Lakes Guesthouse (FLGH) property was under significant construction, and was not available for rent. A second property, advertised as the Watkins Glen Guesthouse (WGGH), was actually owned by another individual who never gave the defendant permission to rent the property or advertise it for rent.
Dean promised to maintain deposits received from customers in an escrow account, which did not exist. Because of the status of the properties, the defendant later cancelled the reservations for many of the customers and refused to refund payment. Other customers became aware, in advance of their scheduled vacations, that the properties advertised by Dean were not accurately described, and they attempted to cancel their reservations. The defendant however refused to refund their money as well.
The financial losses to the more than 20 victims totaled approximately $137,272.46.
The arrest was the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Rochester Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Alberti, 36, of Rochester, NY, who was convicted of being a prohibited person in possession of a firearm, was sentenced to 30 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on July 14, 2014, an order of protection was issued against Anthony Alberti in Rochester City Court. As a result, Alberti was prohibited from possessing firearms. Despite that restriction, the defendant arranged to have a semi-automatic handgun mailed to him from Texas. On June 28, 2018, Alberti picked up the package containing the firearm at a FedEx Shipping Center in Rochester. The defendant utilized an Uber to travel to FedEx. After obtaining the package, the defendant returned to the Uber and asked the driver to take him to a Walmart so he could purchase rounds of ammunition. After arriving at the Walmart, the Uber driver called 911 and officers recovered the firearm.
The sentencing is the result of an investigation by Greece Police Department, under the direction of Chief Patrick D. Phelan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Rochester Man Pleads Guilty to Lying to Officers During Shooting InvestigationRead 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 Jashua Figueroa, 19, of Rochester, NY, pleaded guilty to misprision of a felony before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of three years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that co-defendant Obed Torres Garcia is accused of assaulting federal officers at 6 Burbank Street in Rochester, who were executing a state search warrant in a federal narcotics investigation on January 29, 2018. At that time, Garcia was in the rear driver’s side area of a vehicle parked in the driveway of 6 Burbank Street. Jashua Figueroa was seated in the front passenger seat. When the officers exited their van at the residence, wearing clearly marked law enforcement uniforms, Garcia got out of the vehicle and fired a handgun at the officers.
Following the shooting, Figueroa gave a statement to Rochester Police Department investigators claiming that he never saw Obed Garcia Torres with a firearm, when he in fact had seen Garcia with a firearm and knew that Obed Torres Garcia used said firearm to shoot at officers that day.
The plea 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 Ashan Benedict, 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 James J. Hunt, 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.
Sentencing is scheduled for February 8, 2019, at 2:00 p.m. before Judge Geraci.
Henrietta Man Pleads Guilty to Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Mark Buechler, 45, of Henrietta, NY, pleaded guilty to production of child pornography involving two prepubescent minors before U.S. District Judge Elizabeth A. Wolford. The charges carry a minimum penalty of 15 years in prison, and a maximum of 60 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on May 3, 2018, an 11-year-old boy, minor victim 1, disclosed to his school counselor that the defendant performed various sexual acts on him on an ongoing basis at Buechler’s home in Henrietta. The counselor contacted Child Protective Services (CPS) to report the alleged incidents. A Monroe County CPS Investigator and a Monroe County Sheriff’s Office Investigator interviewed the minor victim and Buechler was arrested that day.
Also on May 3, 2018, a state search warrant was executed at the defendant’s Stone Road residence. Multiple digital and storage devices were seized, including computers, tablets, phones, SD cards, thumb drives, and digital cameras.
On May 7, 2018, Sheriff’s Office Investigators interviewed minor victim 2, an 18 year old boy who had visited Buechler’s residence when he was younger. Minor victim 2 also disclosed that he was sexually abused by the defendant over an extended period of time. A second state search warrant was executed on May 7, 2018, at which time additional digital devices were seized.
The Federal Bureau of Investigation was contacted, and on May 24, 2018, a federal search warrant was obtained to review the items seized during the execution of the state search warrants. A review of some of the items seized uncovered approximately 8,700 images and two videos of child pornography produced by Buechler, some of which depicted the defendant abusing the minor victims. Buechler’s federal conviction follows a state court conviction secured by the Monroe County District Attorney’s Office in October 2018.Today’s plea is the result of an investigation by the Monroe County Sheriff’s Office, Major Crimes Unit, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, Special Victims Unit, under the direction of District Attorney Sandra Doorley; Monroe County Child Protective Services, under the direction of Amy Natale-McConnell; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.
Sentencing is scheduled for March 27, 2019, at 3:00 p.m. before Judge Wolford.
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Three Men Charged with Narcotics Conspiracy for Selling Heroin and FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Donte Walker, a/k/a Slim, 27, Clayton Williams, a/k/a Dee, 29, and Kevin Hinca, 27, all of Buffalo, NY, with narcotics conspiracy. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000 fine. In addition, defendants Walker and Williams are also charged with possession with intent to distribute heroin, using and maintaining a drug premises, and possession with intent to distribute, and distribution of, heroin. Those charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorneys Paul C. Parisi and Charles J. Volkert, Jr., who are handling the case, stated that according to the indictment, between 2015 and October 2018, the defendants conspired to distribute heroin, butyryl fentanyl, and furanyl fentanyl. Defendants Walker and Williams are also accused of using a residence at 410 Northland Avenue in Buffalo to manufacture, distribute, and use heroin, and butyryl fentanyl.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Woman Pleads Guilty to Helping Her Boyfriend Escape After A RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jessica Henton, 30, of Rochester, NY, pleaded guilty to accessory after the fact to Hobbs Act Robbery, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $125,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on February 18, 2017, the defendant was driving her car in the area of South Avenue in Rochester, with her boyfriend, Fred Swan, in the passenger seat. Swan got out of Henton’s car and walked to Alice’s Market, located at 1477 South Avenue. Swan entered the store and pointed a gun at the store clerk and demanded money from the register. The clerk gave Swan approximately $50. Swan then called the defendant and instructed her to move her car to another location. Swan ran to the car, got in, and Henton drove him away. Swan told the defendant that he had just robbed Alice’s Market, and the defendant proceeded to drive Swan away from the scene.
Fred Swan was previously convicted of Hobbs Act Robbery and sentenced on November to serve 192 months in prison.
Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Rochester Police Department, under the direction of Chief Mark Simmons, and the New York State Police, under the direction of Major Eric Laughton.
Sentencing is scheduled for March 1, 2019, at 3:00 p.m. before Chief Judge Geraci.
Rochester Man Pleads Guilty to Fentanyl 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 Devonte Mitchell, 21, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl, and possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge Charles J. Siragusa. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated the defendant’s arrest followed a search of his residence by the Monroe County Probation Department. During the search, probation officers recovered a quantity of fentanyl packaged for sale and a loaded firearm. At the time of his arrest, Mitchell was on probation for a Criminal Possession of a Controlled Substance in the Fifth Degree conviction.
The plea is the result of an investigation by the Monroe County Probation Department, under the direction of Chief Probation Officer Larry Mattle, the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for February 28, 2018, at 9:15 a.m. before Judge Siragusa.
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Greece Man Pleads Guilty to 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, 41, of Greece, NY, pleaded guilty to possession with intent to distribute heroin before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 30 years in prison, and a $2,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that 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 plea 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 Ashan Benedict, New York Field Division.
Sentencing is scheduled for February 28, 2018, at 2:00 p.m. before Judge Geraci
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Buffalo Felon Charged with Possessing 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 J Julius Hatten, Jr., 28, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that according to the complaint, on August 5, 2018, Buffalo Police Officers observed a black vehicle, traveling eastbound on Winspear Avenue, violating several New York State traffic laws. Officers conducted a vehicle stop and determined that the defendant was not suitable to operate a motor vehicle. As officers attempted to secure Hatten and place him in handcuffs, he pushed the officers away, pulled a firearm from his right waistband, began to flee on foot, and pointed the firearm in the direction of the officers. The defendant was ultimately apprehended on Highgate Avenue. The firearm was a 9mm pistol.
In August 2011, Hatten was convicted of a felony for Criminal Possession of a Weapon Second Degree in Erie County Court and is legally prohibited from possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions following a detention hearing.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Woman Sentenced for Her Role in Cocaine Conspiracy; Another Defendant Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leitscha Poncedeleon, 29, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 168 months in prison by Chief U.S. District Judge Frank P. Geraci.
In addition, Freddie Silva-Otero, 49, of Mayaguez, Puerto Rico, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between April 2017 and January 29, 2018, the defendants conspired with Carlos Javier Figueroa, Roberto Figueroa, Obed Torres, Jonathan Cruz Carmona, and others, to distribute cocaine.
In furtherance of the conspiracy, Poncedeleon, on numerous occasions, communicated via telephone with Freddie Silva-Otero and other individuals in Puerto Rico to coordinate the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Between September 9, 2017, and January 29, 2018, Poncedeleon and other conspirators coordinated at least 25 shipments of cocaine, each containing approximately two kilograms of cocaine. Silva-Otero personally assisted with shipping six packages containing two kilograms of cocaine each to Poncedeleon and Carlos Javier Figueroa between January 16, 2018, and January 24, 2018. Poncedeleon and others sent money via the United States Postal Service and wire transfers from Rochester to Puerto Rico as payment for the cocaine. Poncedeleon also arranged for individuals in the Rochester area to receive the packages of cocaine. Once the packages arrived in Rochester, the individuals would contact Poncedeleon who would then notify co-conspirator Carlos Javier Figueroa.
Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others, maintained a residence located at 292 Barrington Street in Rochester for the purposes of storing, manufacturing, processing, and distributing cocaine. At that location, Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others regularly prepared and packaged cocaine for distribution. On January 29, 2018, law enforcement officers executed a search warrant at the residence and recovered approximately three kilograms of cocaine, $230,060 in cash, eight firearms, and numerous rounds of ammunition.
A total of 10 defendants have been charged in connection with this conspiracy, five have been convicted, and one has been sentenced.
Today’s plea and sentencing are 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 Ashan Benedict, 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 James J. Hunt, 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.
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Rochester Man Sentenced for Making False StatementsRead 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 Pernell Jackson, 56, of Rochester, NY, who was convicted of making materially false statements in a matter involving the U.S. Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (VA), was sentenced to serve 12 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between 2009 and 2014, Jackson resided in an apartment complex in Greece, NY and received a rent reduction through an income-based HUD subsidy program. During that time period, the defendant knowingly falsified HUD income certification forms by failing to report that he had obtained VA benefits belonging to his deceased aunt, totaling $102,622.76. The investigation revealed that the VA continued to make regular payments into Jackson’s aunt’s bank account for approximately seven years following her death. The defendant, who had access to the account, regularly withdrew the money between 2007 and 2015. The fraud was discovered during a VA audit, which led to an investigation by VA and HUD Offices of the Inspector General.
The sentencing is the result of an investigation by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Sean J. Smith, Northeast Field Office, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.
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Rochester Man Pleads Guilty to Machinegun 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 Luis Garcia-Canales, 29, of Rochester, NY, pleaded guilty to transfer of a machinegun before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on July 26, 2018, the defendant sold three “auto-sear” devices to an undercover ATF Special Agent in exchange for $900. The “auto-sear” devices are parts designed and intended solely and exclusively for use in converting a weapon into a machinegun.
At the time of the transaction, Garcia-Canales explained to the undercover ATF Special Agent that each “auto-sear” device would make a Glock 9mm pistol function fully automatic, and he explained how to install the devices.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Rochester Police Department’s Violent Crimes Task Force, under the direction of Chief Mark Simmons.
Sentencing is scheduled for May 16, 2019 at 3:00 p.m. before Judge Larimer.
# # # #Rochester Man Pleads Guilty to Distributing OxycodoneRead 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 Kent Handy, 58, of Rochester, NY, pleaded guilty to distributing oxycodone, a controlled substance, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between January 2016 and December 2017, Handy sold hundreds of oxycodone pills that were prescribed to him to another individual. That individual arranged to purchase the pills from the defendant, and then traveled to Handy’s residence to buy the pills.
In December 2017, federal agents executed a search warrant at the defendant’s residence where they found controlled substances and drug paraphernalia.
The plea is the result of an investigation by Special Agents with the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for February 28, 2019, at 3:00 p.m. before Judge Geraci.
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Newark Physician Sentenced to 21 Years in Federal Prison for Child Exploitation OffensesRead 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 Dr. David Blasczak, 70, of Newark, NY, who was convicted of receiving child pornography, was sentenced to serve 262 months in prison guilty by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that the defendant was a physician at the Clyde Family Health Center in Clyde, NY. Between September 1, 2015, and January 18, 2018, Blasczak subscribed to a website from his home that offered child pornography for purchase. The defendant created an account and purchased images and videos of child pornography which were emailed to Blasczak. The images and videos depicted prepubescent children engaged in sexual conduct with adults and other children, as well as prepubescent children, infants, and toddlers subjected to sexual abuse. In total, the defendant received and/or possessed approximately 2557 images and 78 videos depicting child pornography.
In addition to receiving images and videos of child pornography, as part of his plea agreement with the government, Blasczak also admitted to the following:
• Between approximately 1990 and 2000, Blasczak hosted slumber parties at his home which were attended by minor females between the ages of seven and 12. On several occasions, the defendant entered the room in which the minor females were sleeping, manipulated their clothing, and subjected them to sexual contact. This behavior typically consisted of Blasczak touching private areas of the minors’ bodies. The defendant also took photographs of the minors’ exposed private areas when he was able to remove their clothing. Blasczak engaged in as many as 40 different incidents of such sexual conduct involving approximately eight to 10 minor females.
• The defendant also stole children’s underwear from various places, including a friend’s house, for his sexual gratification.
• In his position at the Clyde Family Health Center, Blasczak took nude photographs of the genitals of multiple minor female patients at his medical office. The defendant represented to parents that the photographs were needed for a “study,” which was neither sanctioned, funded, nor approved by any official medical body or learning institution. During a search of the defendant’s medical office, Homeland Security Special Agents discovered prepubescent child sex dolls, and novels that the defendant wrote concerning the sexual abuse of children.During the course of the investigation, Homeland Security Special Agents conducted interviews with close to 30 individuals who were exposed to some type of inappropriate conduct by the defendant.
“The defendant occupied one of the greatest positions of trust in our society. He betrayed that trust by hurting children rather than healing them,” stated U.S. Attorney Kennedy. “As a result of his predatory behavior, Dr. Blasczak will likely spend the rest of his natural life in prison. The sentence fulfills our obligation to protect our most vulnerable among us.”
“This case is particularly troubling especially in light of the defendant's role as a doctor who had taken an oath to 'never do harm,'" said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo. “He instead sought opportunities to harm and exploit innocent children. This case shows that HSI is committed to investigating child predators regardless of the positions they hold in society.”
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Buffalo Men Charged in Superseding Indictment with Selling Heroin Linked to Death of A Hamburg ManRead 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 superseding indictment charging Tyrone Green, 24, and Brennen Bryant, Jr., 25, both of Buffalo, NY, with possession and distribution of fentanyl which caused the death of an individual, possession with intent to distribute 10 grams or more of a fentanyl analogue, as well as heroin, cocaine, and fentanyl. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Seth T. Molisani, who are handling the case, stated that according to the superseding indictment, on March 23, 2018, the defendants distributed fentanyl to an individual who was later found deceased in the Town of Hamburg. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Green and Bryant as the decedent’s suppliers. Law enforcement officers then set up a controlled purchase of fentanyl from Green who was arrested when he arrived to sell the fentanyl.
Subsequent investigation revealed that between October 2017 and January 2018, the New York State Police made numerous controlled purchases of butyryl fentanyl, fentanyl, cocaine, and heroin from both defendants.
The superseding indictment is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, the Drug Enforcement Administration, under the direction of Special-Agent-in-Charge James J. Hunt, the New York State Police, under the direction Major Edward Kennedy, and the Orchard Park Police Department, under the direction of Chief Mark Pacholec.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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Armed Drug Trafficker 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 Reynaldo Colon, 20, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, and possession of a stolen firearm, was sentenced to serve 42 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Colon was arrested following the execution of a search warrant at his Alexander Street residence on April 22, 2016. The defendant lived with his girlfriend and child. The search warrant was executed after Colon was secured at a nearby traffic stop. During the search, officers found quantities of fentanyl and cocaine in the master bedroom which were packaged for distribution. Officers also found a .25 caliber pistol and a .22 caliber revolver in a closet in the master bedroom. The .25 caliber pistol had been reported stolen in 2015. Officers found various items of drug trafficking paraphernalia in the house as well.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
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Williamsville Man Re-sentenced on Tax Fraud 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 Carlo J. Marinello, Jr., 72, of Williamsville, NY, was re-sentenced upon a jury verdict convicting him of eight counts of failing to file tax returns. A ninth count of conviction, which charged Marinello with obstructing and impeding the due administration of the Internal Revenue Code, was reversed by the United States Supreme Court. The eight counts on which he was sentenced—four of which charged him with failing to file personal income tax returns and four of which charged him with failing to file corporate tax returns—were unaffected by the Supreme Court’s decision. The defendant, who was originally sentenced to serve 36 months in prison, was re-sentenced to time served (21 months in prison) by Senior U.S. District Court Judge William M. Skretny. Marinello was also ordered to pay $351,763.08 in unpaid taxes.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Marinello was the manager and owner of Express Courier Group/Buffalo Inc. (“Express Courier”), a corporation formed to transport letters and documentation between businesses in New York and businesses in Canada. The business earned hundreds of thousands of dollars in revenues but the defendant failed to file tax returns for the company or personal tax returns for earned income. Specifically, although he was required to do so, Marinello failed to file personal income tax and corporate tax returns for tax years 2005, 2006, 2007 and 2008.
The sentencing is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent in Charge James D. Robnett, New York Field Office.
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Rochester Man Sentenced to 16 Years in Federal Prison for A Series of Store/Restaurant RobberiesRead 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 Fred Swan, Jr., 30, of Rochester, NY, who was convicted of Hobbs Act Robbery, Attempted Hobbs Act Robbery, and brandishing a firearm during a crime of violence, was sentenced to serve 192 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that the defendant robbed four establishments at gunpoint between February 11, 2017, and March 24, 2017:
o On February 11, 2017, the defendant robbed the China Star restaurant at 600 West Main Street in Rochester. Swan entered the store and pointed a handgun at a restaurant employee and demanded money. The defendant grabbed approximately $60 cash from the store employee’s hand and fled the restaurant on foot;
o On February 18, 2017, the defendant robbed Alice’s Market convenience store at 1477 South Avenue in Rochester. Swan entered the store, went up to the register, pointed a handgun at the store clerk, and demanded money. The clerk gave the defendant approximately $50 cash from the register. The defendant fled from the store and was driven away from the scene by another individual;
o On February 19, 2017, the defendant robbed the Mobil Quick Mart store at 1810 Mount Hope Avenue in Rochester. Swan entered the store and pointed a handgun at a store employee as he approached the counter and demanded money from the register. The employee refused to give Swan money. The defendant walked around the counter and struck the employee in the head with the handgun, and the two of them fell to the floor fighting. Swan eventually fled the store without getting any money; and
o On March 24, 2017, the defendant robbed the Fast Mart Inc. store at the Valero gas station at 931 South Clinton Avenue in Rochester. Swan entered the store, pointed a handgun at the store clerk, and demanded money. The clerk handed over $280 cash from the register. The defendant then demanded two packs of cigarettes, which the clerk handed to him. Swan fled the store with the cash and cigarettes.
On March 24, 2017, law enforcement officers searched the defendant’s apartment at 229 Meigs Street in Rochester and they recovered the .40 caliber handgun that was used in the Alice’s Market robbery.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Rochester Police Department, under the direction of Chief Mark Simmons, and the New York State Police, under the direction of Major Eric Laughton.
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Niagara Falls Man Pleads Guilty to Sex Trafficking Charge Involving 17 Year Old VictimRead 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 Marcellus Overton, 43, of Niagara Falls, NY, pleaded guilty to conspiracy to commit sex trafficking of a minor before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that in December 2012, the defendant met Victim 1 in Olean, NY, through a friend of Victim 1. Overton transported Victim 1, who was 17 years old, and a friend to Niagara Falls. Between late December 2012 and March 2013, the defendant conspired to have advertisements posted online at Backpage.com soliciting prostitution appointments for Victim 1. Overton transported or arranged for the transportation of Victim 1 to prostitution appointments scheduled as a result of the Backpage.com advertisements. The defendant also rented or arranged for the rental of hotel rooms at which Victim 1’s prostitution appointments took place. Overton received a share of Victim 1’s earnings from the prostitution appointments.
The plea is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for March 20, 2019, at 11:00 a.m. before Judge Skretny.# # # #
Buffalo Man Sentenced on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Rosario, 42, of Buffalo, NY, who was convicted of attempt to possess with intent to distribute 500 grams or more of cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on June 8, 2016, the United States Postal Inspection Service executed a federal search warrant on a postal parcel that was addressed to co-defendant Jorge Rivera at a residence on Woodlawn Avenue in Buffalo. The package was mailed from Puerto Rico. The package contained approximately two pounds of a white powdery substance that field-tested positive for the presence of cocaine.
Law enforcement officers replaced the contents of the package with sham and a transmitter that would alert officers when the package was opened. Officers then conducted a controlled delivery of the package to the residence. The package was signed for and accepted by Jorge Rivera. The defendant then arrived at the residence and the package was opened a short time later. When officers then entered the residence, Rivera and Rosario fled down the rear staircase and entered the lower apartment. As they did so, Rivera threw the sham kilogram of cocaine out of the second story window. Both defendants were arrested.
During a search of the residence, officers seized a digital scale, packaging equipment, and cell phones.
Jorge Rivera was previously convicted and is awaiting sentencing.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division.
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Rochester Man Pleads Guilty to Smuggling Counterfeit Cialis and Viagra into the United StatesRead 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 Samuel McFarland, 55, of Rochester, NY, pleaded guilty to two counts of smuggling goods into the United States before U.S. District Judge David G. Larimer. The charges each carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that on April 10, 2017, Customs and Border Protection officers at the John F. Kennedy International Airport intercepted a package coming from Hong Kong that was addressed to the defendant. The package contained 3,012 counterfeit Viagra pills and 190 counterfeit Cialis pills. The pills were determined to be counterfeit.
On January 8, 2018, CBP officers at the Rochester International Airport intercepted a package coming from China that was also addressed to McFarland’s residence. That package contained 100 bottles which included 30 counterfeit Cialis pills in each. The manifest for the package of 3000 counterfeit pills falsely listed the contents as “free trade sample” and claimed the package contained 50 plastic bottles valued at $1.00 each.
On January 25, 2018, Homeland Security Investigations conducted a controlled delivery at the defendant’s residence of the package intercepted on January 8, 2018. McFarland answered the door and signed for the package. Federal agents then approached the house and executed a federal search warrant. During the search, agents recovered the package, as well McFarland’s cellular phone.
The defendant admitted to agents that he ordered both the April 2017 package and the January 2018 package, knowing that they contained counterfeit pills. An analysis of McFarland’s cellular phone revealed several searches for “fake Viagra,” related searches for pictures of real and counterfeit Viagra pills, searches for terms such as “package us customs detainment,” and photos that were cached from websites including “how to get Viagra for $1.”
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and the Food and Drug Administration, Office of Criminal Investigations, under the direction of Special Agent-in-Charge Jeffrey Ebersole, New York Field Office.
Sentencing is scheduled for May 23, 2019, at 10:00 a.m. before Judge Larimer.
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Postal Employee Pleads Guilty to Stealing MailRead 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 Thomas Cyphert, 65, of Angola, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to theft of mail matter by a postal employee. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that on October 10, 2018, personnel at the Hamburg, NY Post Office observed what appeared to be undelivered mail in the personal vehicle of the defendant, who was employed as a postal carrier at the time. Investigators subsequently recovered 14 tubs of undelivered mail, including First Class mail, standard letter mail, and non-profit/bulk mail from the Cyphert’s vehicle. A subsequent search of the defendant’s home resulted in the recovery of an additional 27 tubs of undelivered mail. In total, investigators recovered over 1,500 pieces of First Class mail.
The plea is the result of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely; Town of Evans Police Department Chief Douglas Czora; and Special Agents from Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for March 11, 2019, at 12:30 p.m. before Judge Arcara.
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Orchard Park Man Sentenced for Assaulting A Woman During an American Airlines FlightRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Hildebrand, 50, of Orchard Park, NY, who was convicted of assault within the special aircraft jurisdiction of the United States, was sentenced to one year probation by U.S. Magistrate Judge Michael J. Roemer.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on December 20, 2017, the defendant was a passenger on a United Airlines flight from Newark, NJ to Buffalo, NY. During the flight, Hildebrand assaulted a woman by grabbing the victim’s groin area without consent.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
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Jamestown Woman Pleads Guilty for Her Role in Methamphetamine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Searcy E. Fields pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that the defendant pleaded guilty for her role in a Jamestown methamphetamine conspiracy. On May 22, 2018, Fields sold 15 grams of methamphetamine to an individual working with law enforcement. In a recorded conversation, the individual asked the defendant for half an ounce of methamphetamine. Fields responded that she had “a little H” (heroin) but did not have “that much ice.” The defendant then called and got the methamphetamine from co-defendant Destiny Hare and Andrew Bennett.
Fields was indicted along with 14 other defendants including: Destiny Hare; Zackiel Fields, Jr.; Ernest Cauley, Jr., a/k/a L.A., a/k/a Ernie; Jamell Trapp, a/k/a K.S.; Ramael Fields; Stephanie L. Harrison; Marcus Martin Bowman; Danny W. Michael, Ill; Alexis V. Hall; Destiny J. Hare; Andrew C. Bennett; Jacob A. Motherwell; Michael A. Davis; and Stacie N. Yancer. 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. Fields is the first defendant to be convicted.
During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
In a related case, a detention hearing was held this morning for Bobby Hunt, Jr. and Amy Dean. Although not charged in the drug case, Hunt and Dean were charged with conspiracy to retaliate against witnesses, witness retaliation, and taking action harmful to a witness, after they threatened someone they believed to be a cooperating with the government in its case against the Jamestown methamphetamine conspiracy. U.S. Magistrate Judge H. Kenneth Schroeder ordered the defendants detained.
In seeking to have Hunt and Dean detained, the Government presented a series of threatening social media posts and voicemail messages, and information regarding the assault of a woman the defendants believed to be cooperating with law enforcement in the investigation. As a result of that assault, the woman suffered a miscarriage.
Today’s plea and the charges against Hunt and Dean are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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Buffalo Man Arrested for Sexual Enticement of an 11 Year Old GirlRead 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 Sachin Aji Bhaskar, 22, of Buffalo, NY, was arrested and charged by criminal complaint with sexual enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on August 11, 2018, the defendant, using a social media application, contacted a girl in Buffalo who was then 11 years old but claimed to be 15. In messages on the app, Bhaskar confirmed that the girl would lose her virginity to him. The defendant subsequently picked her up by car, and returned her home approximately three hours later after having sex with her.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroder and is being held pending a detention hearing on November 21, 2018.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
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, Convicted by A Federal Jury, Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry Willis, 33, of Buffalo, NY, who was convicted following a jury trial of possessing crack cocaine with intent to distribute, maintaining a drug involved premises, possessing firearms in furtherance of drug trafficking activities, and being a felon-in-possession of firearms and explosives, was sentenced to serve 210 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Laura A. Higgins and Paul E. Bonanno, who handled the trial of the case, stated that between November 2016 and December 1, 2016, Willis and co-defendant Isiah Pierce utilized two apartments inside 70 Henrietta Avenue, Buffalo, New York, to manufacture, package, and store quantities of crack cocaine, heroin, cocaine, fentanyl, and butyryl fentanyl, along with the proceeds from the sale of such substances. To protect their product and their proceeds, the defendants maintained multiple firearms and ammunition within each of the apartments.
During the execution of a search warrant in the lower apartment at 70 Henrietta Avenue, officers recovered crack cocaine, three firearms and ammunition, a digital scale with drug residue, packaging material, whisks, spoons, and cutting agents. A subsequent search of the upper apartment uncovered additional amounts of crack cocaine, a mixture of heroin and butyryl fentanyl, three handguns, and numerous rounds of ammunition.
The sentencing is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard and the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
Isiah Pierce is awaiting sentencing.
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Two Jamestown Residents Charged with Witness RetaliationRead 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 indicted Bobby Hunt, Jr., 26, and Amy Dean, 29, both of Jamestown, NY, on charges of conspiracy to retaliate against witnesses, witness retaliation, and taking action harmful to a witness. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment, on or about October 25, 2018, the defendants threatened to and caused bodily injury to an individual in retaliation for information relating to the commission of a federal offense given to a law enforcement officer.
The defendants were arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder and are being held pending a detention hearing on November 20, 2018, 10:45 a.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
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.
Cassadaga Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Villafane-Lozada, 23, of Cassadaga, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, stated that on April 19, 2018, law enforcement officers executed a search warrant at the defendant’s residence and seized a digital memory card which contained 30 videos and 22 images of child pornography. Some of the images depicted prepubescent minors or minors under 12 years old, the sexual abuse or exploitation of an infant or toddler, and depictions of violence.
As part of his plea, Villafane-Lozada admitted that between 2014 and 2017, he engaged in sexual contact with two minor victims under the age of 18 years old.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for March 1, 2019, at 12:30 p.m. before Judge Arcara.
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Brockport Man Sentenced for Aiding and Abetting Credit Card Fraud and Identity TheftRead 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 Paul Kozlyuk, 32, of Brockport, NY, who was convicted of aiding and abetting the unlawful transfer, possession, and use of identification documents, authentication features, and information, was sentenced to serve 27 months in prison by U.S. District Judge Elizabeth A. Wolford to. The defendant was also ordered to pay more than $95,000 in restitution to victim businesses.
Assistant U.S. Attorneys Kyle Rossi and Melissa Marangola, who handled the case, stated that the defendant conspired with co-defendant Kyle Bertrand and others, to steal goods from various businesses. As part of the scheme, defendant Bertrand stole the identification of individuals residing in multiple states, including their names, Social Security Numbers, dates of birth, and credit card information. During the scheme, using the stolen identifications, Bertrand, at the request of Kozlyuk, made unlawful purchases of items for the defendant. Kozlyuk then paid Kyle Bertrand with Walmart money grams. Kozlyuk paid Bertrand a fraction of the actual market price of the stolen goods, and either kept the goods or sold them for a profit, through his former business, the Marketview Heights Garage.
Kozlyuk unlawfully obtained vehicle parts from various out-of-state venders, which he later sold to vendors. Kozlyuk also stole inventory from vendors in the Western District of New York. All told, Kozlyuk stole or attempted to steal a total of $144,688.35 in goods.
Kozlyuk was charged along with co-defendants Kyle Bertrand, Herbert Street, Michael Gerone, and Richard Lipke. All defendants have been convicted.
Today’s sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; the Rochester Police Department, under the direction of Chief Mark Simmons, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Jamestown Man Pleads Guilty to Selling HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alex Mercado, 39, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to distribute one kilogram or more of heroin. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that beginning in early 2016, the defendant served as one of the primary mid-level distributors of heroin and cocaine for the Sigfredo Martinez drug organization. Mercado was responsible for the “night shift” transactions, while his co-defendant, Bryan Ferrer-Vazquez, distributed during the “day shift.” The defendant would receive a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to smaller dealers and users. Mercado would then turn over the proceeds to Martinez and take payment for his role in the distribution. The defendant also directed co-defendant Ferrer-Vazquez to distribute heroin to specific customers and would collect the proceeds earned by Ferrer-Vazquez on behalf of Martinez. During this period of time, Mercado occasionally worked with other uncharged co-conspirators to process bulk quantities of heroin and repackage it for retail sale.
Between November 3, 2016, and March 2, 2017, the Drug Enforcement Administration conducted four controlled purchases of heroin with the defendant. On April 6, 2017, federal search warrants were executed at 385 Buffalo Street, the residence of Bryan Ferrer-Vazquez, and 32 Duquesne Street, the residence of Sigfredo Martinez. At each location, law enforcement officers seized numerous ledgers and paper records of drug transactions. A federal search warrant was also executed at Mercado’s residence at 1083 North Main Street in Jamestown where approximately 10 ounces of marijuana and several suboxone strips were recovered.
Charges are pending against Sigfredo Martinez and Bryan Ferrer-Vazquez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for February 28, 2019, at 12:30 p.m. before Judge Arcara.
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Federal Jury Convicts Rochester Man of Sex TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Andre L. Barnes, 42, of Rochester, NY, of conspiracy to sex traffic minors, sex trafficking of minors and adults by force, and transportation of girls across state lines to engage in prostitution. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorneys Melissa M. Marangola and Craig R. Gestring, who handled the prosecution of the case at trial, stated that Barnes and co-defendant Christopher Johnson began working together in 2012 to sex traffic minors and adults by force. This lasted until the arrest of Barnes in May 2013 for assaulting one of his victims at the Gates Motel.Barnes and Johnson posted the victims on Backpage.com to advertise for clients. During the conspiracy, Barnes and Johnson recruited vulnerable girls and young women, meeting them at locations such the Department of Social Services. More than 10 girls, some as young as 15 years old, worked for them as prostitutes. Barnes was convicted of using force, fraud, and coercion to keep the girls working for him. The defendant also supplied them with heroin, crack cocaine, and ecstasy. Barnes also assaulted several girls and threatened them repeatedly with violence.
After his arrest, the defendant admitted to investigators that he was a pimp and expressed an interest in returning to that conduct upon his release from prison. Barnes admitted that he beat his girls but did not want to leave bruises on their faces because that could lead to a loss of money. Several victims and witnesses testified during the 10 day trial.
Johnson was previously convicted for his role in the conspiracy is awaiting sentencing.
The verdict is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for January 10, 2019, at 10:00 a.m. before U.S. District Judge David G. Larimer who presided over the trial.
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Dunkirk Man Sentenced for Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Fred Santiago, 30, of Dunkirk, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, five kilograms or more of cocaine, was sentenced to serve 70 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between July 2016 and May 2, 2017, the defendant conspired with co-defendant Michael Pacheco to distribute kilogram quantities of cocaine in and around the Western District of New York. Santiago obtained the cocaine from a source of supply in New York City for sale and distribution to others.
On May 2, 2017, a state search warrant was executed at the defendant’s residence on Lincoln Avenue in Dunkirk. Approximately 640 grams of cocaine was seized from a safe, and approximately 39 grams of marijuana was seized from the kitchen counter. In addition, law enforcement officers seized four drug scales, $44,000 in cash, $2,000 in money orders, a heat sealer, plastic bags, and a metal kilo drug press.
Michael Pacheco was previously convicted and sentenced to serve 18 months in prison.
Today’s sentencing is the culmination of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Evans Police Department, under the direction of Chief Douglas Czora; the Dunkirk Police Department, under the direction of Chief David Ortolano; and the Chautauqua County Drug Task Force, under the direction of Sheriff Joseph Gerace.
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Rochester Felon Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Erick Arroyo Cruz, 34, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 63 months in prison by U.S. Chief District Judge Frank P. Geraci.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that on March 8, 2018, the defendant was a passenger in a vehicle being driven by an individual who was the subject of an outstanding federal arrest warrant. When police stopped the vehicle, they discovered Cruz had a loaded .22 caliber pistol in his jacket pocket. The firearm was previously reported stolen during a gun store burglary in Wayne County. Investigators learned that the defendant had numerous prior felony convictions and that he had just been released from prison less than 24 hours earlier. As a result of his prior convictions, Cruz was legally prohibited from possessing a firearm.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Native of Mexico Sentenced for Illegally Re-entering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan Felix Andres, 20, of Mexico, who was convicted of illegal reentry after deportation following conviction of an aggravated felony, and violation of supervised release, was sentenced to serve 14 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on April 16, 2016, the defendant was convicted in Texas of aiding and abetting the transportation of illegal aliens for financial gain, an aggravated felony. Following that conviction, Andres was ordered removed to Mexico from the United States.
On February 27, 2018, while an order of removal was still in effect, the defendant was found in the United States at the Lewiston Bridge Port of Entry in Lewiston, NY. An automated scan of the defendant’s fingerprints were obtained for comparison and matched the fingerprints on file with the FBI and confirmed that Andres was the same person who was convicted in Texas. The defendant did not obtain the consent of the Attorney General of the United States or his successor, the Secretary for Homeland Security, to re-enter the United States.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
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Jamestown Man Pleads Guilty to Being A Felon in Possession of A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Douglas Wood, 38, of Jamestown, NY, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Seth Molisani, who is handling the case, stated that on March 6, 2018, the Jamestown Police Department was actively engaged in a narcotics investigation operation. Investigators conducted video and audio surveillance of the defendant and learned that Wood was in possession of a silver handgun. Investigators maintained surveillance on the defendant and alerted uniformed patrol officers who approached Wood and spoke with him briefly before he attempted to flee. Following a brief struggle, the defendant was restrained and officers recovered a loaded revolver and 14 additional rounds of ammunition.
Wood was previously convicted: in 2000, in the Nottoway County Circuit Court, Nottoway, Virginia, of Grand Larceny, Unlawful Possession or Use of a Sawed-Off Shotgun, and Burglary; in 2001, in Chautauqua County Court, of Grand Larceny in the Fourth Degree; in 2004, in Chautauqua County Court, of Grand Larceny in the Fourth Degree; and in 2007, in Chautauqua County Court, of Robbery in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for February 13, 2019, before Judge Arcara.
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Williamsville Man Pleads Guilty to 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, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiracy to commit mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling 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).
In December 2014, McCluskey caused a backdated membership application, in the name Shawn McCluskey, to be sent to IUPAT in Hanover, Maryland. However, the application for reinstatement of union membership was sent after Shawn McCluskey’s death. In January of 2015, the defendant caused a death benefit claim form for Shawn McCluskey, an original death certificate in the name Shawn McCluskey, and a beneficiary card in the name Shawn McCluskey to be sent to IUPAT. As a result, IUPAT issued life insurance proceeds in the amount of $2,500.
In addition, between December 2014 and February 2015, in the Western District of New York and elsewhere, the defendant engaged in a scheme to defraud the Hartford Insurance Company. McCluskey claimed to International Union of Painters & Allied Trades Local District Council No. 4 in Cheektowaga, NY that Shawn McCluskey worked over 500 hours at his painting company, E&M Star Painting, Inc., between January 2014 and March of 2014, thereby making Shawn McCluskey eligible for a $50,000 life insurance policy. However, Shawn McCluskey had not worked for E&M Star Painting, Inc. during that time frame.
“The defendant’s conduct not only defrauded both the union and the insurance company but it also dishonored the good name of his deceased brother,” stated U.S. Attorney Kennedy.
“Timothy McCluskey abused his position as a former Trustee of the Painters District Council 4 Health and Welfare Fund by engaging in a scheme to defraud two separate life insurance benefit programs made available through the Health and Welfare Fund and the International Union of Painters and Allied Trades. We will continue working with our law enforcement partners and the U.S. Department of Labor’s (DOL) Office of Labor-Management Standards and Employee Benefits Security Administration to pursue those who defraud employee benefit plans,” stated Michael C. Mikulka, Special Agent-In-Charge, New York Region, U.S. Department of Labor Office of Inspector General.
“The U.S. Postal Inspection Service is committed to preserving the integrity of the U.S. Mail,” stated Inspector-in-Charge Joseph W. Cronin. “We will continue to conduct investigations that seek prosecution of those who fraudulently use the U.S. Mail for financial gains. Today’s plea demonstrates our ongoing work with our law enforcement partners to stop those who are engaged in these types of fraudulent activities.”
“We thank our colleagues at the USPIS, FBI, and in our DOL Office of Inspector General as well as at the U.S. Attorney’s Office for the opportunity to collaborate on this case. We will continue to work with them to actively pursue individuals who commit crimes involving union employee benefit plans which are protected by the Employee Retirement Income Security Act,” said Carol S. Hamilton, Acting Regional Director, Employee Benefits Security Administration.
Today’s plea 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.
Sentencing will be scheduled at a later date.
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Michigan Man Ordered to Pay over $1-Million in Restitution in Xerox Toner Fraud CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Garza, of Michigan, who was convicted of conspiracy to transfer stolen property in interstate commerce, was sentenced to five years probation and ordered to pay restitution in the amount of $1,369,078.46 by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the Xerox Corporation in Webster, NY, provides its branded printing toner to customers who have entered into lease contracts for Xerox printers. The toner received by the customers remains the property of Xerox until it is consumed. Customers can order as much toner as needed to keep printers operational but at the end of a lease, shipping companies pick up the toner and other supplies to be returned to Xerox for resale. At all times, unused toner remains the property of Xerox, and the customer cannot sell the toner.
Between 2010, and 2015, Garza conspired with others illegally to purchase Xerox toner. The defendant purchased the toner from the truck drivers of shipping companies who were returning the unused toner to Xerox or from Xerox agent-owners who should not have had toner to sell. Garza then sold the stolen toner to companies who specialized in purchasing and selling printing supplies. The stolen Xerox toner was transported from Michigan to various companies, including a company in the Western District of New York.
From 2010 to 2015, Garza purchased stolen Xerox toner with a retail value of approximately $1,370,000.
A co-defendant, David Meidel, has also been convicted.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
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