Western District of New York
Press releases recorded for this federal judicial district.
Former Owner of Local Nursing Homes Pleads Guilty to Bank Theft and Tax ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marc I. Korn, 62, of East Amherst, NY, pleaded guilty to bank theft and willful failure to pay tax before Senior U.S. District Judge William S. Skretny. Together, the charges each carry a maximum penalty of two years in prison and a $200,000 fine. Pursuant to his agreement with the government, defendant also agreed to pay over $2.5 million in restitution to three different private entities along with approximately $850,000 to the Internal Revenue Service.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that Korn, who during today’s plea proceeding himself claimed to be in ill-health, was the former owner of the Batavia Nursing Home in Batavia, NY, and the Fairchild Manor Nursing Home in Lewiston, NY. By his plea, Korn admitted to committing bank theft in connection with his actions concerning a credit card and loan from Fifth Third Bank. He also admitted willfully to failing to pay over employment taxes related to his nursing homes over three quarters in 2009.
In 2008, the defendant sought a loan to refinance the Batavia Nursing Home from Fifth Third Bank. In June 2008, Fifth Third Bank provided $3,900,000 to refinance the nursing home and provided Korn with a credit card. As part of the application for the loan, the defendant submitted a personal financial statement and guaranty on which the bank relied when underwriting the loan. The statement contained numerous falsehoods, including the overvaluation of his primary residence. Korn stated that the property was valued at $1,465,000 when, at the same time, he was contesting its value with the Town of Amherst for purposes of property taxes, alleging it was worth between $500,000 and $550,000. Additionally, the defendant provided the bank with statements of bank accounts that he claimed to own. However these statements also contained falsehoods – including one statement for which Korn claimed ownership of an account containing $50,000 in February 2008, when the account actually contained $1.00 and belonged to someone else. The loan and payments on the credit card went into default and Fifth Third Bank lost more than $2,400,000.
Prior to March 2009, for both Batavia Nursing Home and Fairchild Manor Nursing Home, Korn used a service to collect and pay over employment taxes owed. However, beginning in March 2009, the defendant ceased using the service and subsequently intentionally failed to pay to the IRS employment taxes owed for the second, third and fourth quarters of 2009. Instead of paying the taxes owed to the IRS, Korn spent the funds on personal expenses including restaurants, hockey tickets, jewelry, and to pay his children’s college tuition.
Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge.
Sentencing is scheduled for March 13, 2019, at 10:00 a.m. before Judge Skretny.
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Delaware Woman Charged with Attempting to Smuggle Marijuana into the United States from CanadaRead 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 Dasiah Danae Cooper, 23, of New Castle, Delaware, was arrested and charged by criminal complaint with possession and importation of a controlled substance, and smuggling goods into the United States. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on November 5, 2018, at approximately 12:21 p.m., the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. Cooper was a passenger in a vehicle and stated during primary inspection that she did not have any drugs, weapons, or prohibited items.During a secondary inspection of the vehicle, a narcotics canine detected an odor on the passenger floor area. A search of the floor area resulted in the discovery of a blue plastic container with nine cigarettes containing suspected marijuana.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released.
The criminal complaint is the culmination of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Conewango Man Pleads Guilty in Debt Restructuring 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 Mark Farnham, 25, of Conewango Valley, NY, pleaded guilty to conspiracy to commit bank fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Stephanie Lamarque and Wei Xiang, who are handling the case, stated that between February 2016 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov and Dustin Walker at companies with various names such as “Corporate Restructure,” and “Salamanca Payroll Services.” Farnham was a manager for Corporate Restructure, Inc., which operated out of office space in Salamanca, NY, and Buffalo NY.
Farnham, Bezrukov and Walker, along with others, used a number of fraudulent companies to mail solicitations to small business owners (victims) which fraudulently informed the victims that one or more of the fraudulent companies could assist the Victims with restructuring debts they had with other lenders.
From the summer of 2016 until October 27, 2016, the defendant: opened multiple bank accounts at a number of banks, including Citizens Bank, Bank of America, Northwest Savings Bank and First Niagara Bank; made daily deposits into the bank accounts opened at the aforementioned banks; made daily withdrawals from the bank accounts at the aforementioned banks; opened post office boxes which were used to receive Victims mail and to use as the return addresses on solicitation letters; and took calls from victims who were upset and had questions about their “loan restructure.”
When talking with victims over the telephone, Farnham used aliases and provided the victims with information that was not true or accurate about the status of the purported loan restructure. Farnham continued to deposit victims’ monies into the account of shell companies that never provided any services, and withdrew the deposited money from those accounts.
Charges are pending against Sergiy Bezrukov with trial set to begin on December 17, 2018, before Judge Vilardo. 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. Dustin Walker was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for March 19, 2019, before Judge Vilardo.
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Buffalo Man Charged with Possession of A MachinegunRead 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 Jeffrey Parker, 33, of Buffalo, NY, was arrested and charged by complaint with unlawful possession of a machinegun, and unlawful possession of a firearm which is not registered in the National Firearms Registration and Transfer Record. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on September 6, 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives received information from the New York State Police that Parker may have purchased a noncompliant AR-15 style rifle in North Carolina. That same day, an ATF special agent spoke with the defendant who voluntarily turned over eight firearms to the ATF. Six of them were recovered at a cousin’s house in Buffalo and the other two were recovered from Parker’s friend’s house.
While examining the rifles, the special agent noticed that one of the rifles might be a fully automatic machinegun. ATF records show that the defendant purchased this firearm on May 26, 2011, from Federal Firearms Licensee (FFL) Craiglow’s Gun Shop, in West Seneca, NY. The special agent went to Craiglow’s Gun Shop and spoke to the owner who stated he did not believe that the gun was a fully automatic machinegun when he transferred it to Parker.
Law enforcement officers subsequently tested the rifle at a firearms and determined that the rifle functioned as a fully automatic machinegun. A records check also determined that the machinegun was not registered to the defendant.The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the New York State Police, under the direction of Major Edward Kennedy.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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Federal Jury Convicts Buffalo Man of Drug Distribution Which Resulted in Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Dontrell Wise, 32, of Buffalo, NY, of conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine; possession with intent to distribute butyryl fentanyl; and distribution of fentanyl causing death. As a result of Wise’s criminal history, the “death results” charge carries with it a mandatory sentence of life in prison.
Assistant U.S. Attorneys Michael J. Adler and Brendan T. Cullinane, who handled the prosecution of the case at trial, stated that between mid-November of 2017 and November 23, 2017, the defendant distributed fentanyl which caused the death of a 28 year old female in Cheektowaga, NY. The evidence at trial established that Wise sold approximately 10 grams of a substance containing fentanyl which ultimately was injected by the woman, resulting in her overdose death. Hours later, the Cheektowaga Police Department responded to the scene to find the victim dead, and a wax envelope with fentanyl residue left behind.
Two weeks earlier, on November 9, 2017, the defendant was stopped by Buffalo Police officers in a rental vehicle with heavily tinted windows. Wise was found in possession of over $8,000 in cash, while a co-conspirator, Jerell Weathersby, had a quantity of butyryl fentanyl. The evidence further established that the defendant was a central member of a larger conspiracy crossing state lines, involving the distribution of narcotics in both Buffalo, NY, and Bradford, PA.
Wise was arrested along with co-defendants Lemario Jones and Jerell Weathersby. Jones was convicted of distribution of a controlled substance and is awaiting sentencing. Weathersby was convicted of possession with attempt to distribute butyryl fentanyl and sentenced to 21 months in prison.
Today’s verdict is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Cheektowaga Police Department, under the direction of Chief David J. Zack.
Sentencing is scheduled for February 14, 2019, at 3:00 p.m. before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial of the case.
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Lockport Man Pleads Guilty to Attempting to Retrieve Cocaine Mailed from Puerto Rico in an Oatmeal ContainerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan M. Serrano Acevedo, also known as Juan Acevedo-Serrano, 36, of Lockport, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute at least 500 grams of cocaine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in late October of 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Lockport. During the execution of a search warrant on the package, law enforcement officers discovered two pounds of cocaine hidden inside an oatmeal canister. At that time, the USPIS removed the cocaine from the package.
On December 30, 2015, Serrano Acevedo went to the Lockport Post Office to sign for and accept the package addressed to him. After exiting the post office, the defendant was arrested. Following the arrest, Serrano Acevedo admitted that he ordered the cocaine, that he had previously received a package that contained cocaine, and that he sold cocaine.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing is scheduled for February 14, 2019, at 10:30 a.m. before Judge Geraci.
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UK Man Admits Role in Overseas Investment ScamRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that David Cole, 47, of England, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Russell T. Ippolito, Jr. and Paul E. Bonanno, who are handling the case, stated that the defendant participated in a “boiler room” scam that operated in Barcelona, Spain. Members of the conspiracy, working in the Spain boiler room, conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices by telling buyers that they were buying more valuable freely traded shares of stock.
Approximately 250 investors lost more than $2,900,000 to the defendant and a number of other conspirators. A portion of the criminal proceeds were funneled through a bank account in Western New York before being sent to numerous overseas accounts controlled by members of the conspiracy. Cole’s role in the conspiracy was convince individuals to invest in worthless stock by making false representations about the nature of the stock.
A total of 11 defendants involved in the boiler room scam have been convicted. Charges are pending against one other defendant. 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 pleas are the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Kevin Kelly, Special Agent-in-Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge.
Sentencing is scheduled for February 14, 2019, at 11:30 a.m. before Judge Wolford.
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Time Is up for A Detroit Man Arrested in Connection with Robbery of Rolex Watches During Amherst Jewelry Store HeistRead 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 Davonta Hill, 23, of Detroit, MI, was arrested and charged by criminal complaint with conspiracy to commit Hobbs Act robbery and Hobbs Act robbery. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on February 2, 2018, at approximately 6:35 p.m., the Reeds-Jenss Jewelry Store, located at 4001 Maple Road in Amherst, NY, was robbed by four males wearing hooded sweatshirts to hide their identities, while a fifth individual waited outside by a vehicle. Three of the males walked directly to the display case containing Rolex watches, while the fourth male placed a block of ice in the automatic doorway to ensure it stayed open. When the ice failed to do so, the fourth male stayed in the doorway holding the door open. Two of the males smashed the glass and removed multiple Rolex watches. The four males exited the store and returned to the waiting vehicle.
The value of the stolen watches totaled approximately $400,000 in retail costs. In addition, $100,000 worth in watches were damaged during the breaking of the case. During the investigation following the robbery, Amherst police recovered one of the hammers used during the robbery. Detectives also recovered high quality surveillance footage during the time of the robbery. The footage showed that one of the suspects was wearing brightly colored orange sneakers and a distinctive brand jacket at the time of the robbery.
On February 14, 2018, the Strongsville, Ohio Police Department (SPD) responded to a call from Sheiban's Jewelers regarding a suspicious situation. Employees reported that two black males wearing gloves entered the store with the hoods of their hooded sweatshirts over their faces. The two males remained for a few minutes and exited the store without making a purchase. The males were seen getting into a tan SUV. A short time later, officers attempted a vehicle and traffic stop with their emergency lights activated but the tan SUV failed to stop and attempted to elude officers at high speeds. During the pursuit, the tan SUV struck four civilian vehicles and three marked SPD cruisers. The tan SUV was eventually stopped and the driver and passenger were taken into custody. The driver was identified as Davonta Hill.
Following the defendant’s arrest, Strongsville Police contacted Amherst Police believing that the two robberies were connected. SPD officers reviewed photographs of the Amherst robbery suspects and indicated that Hill bore a strong resemblance to one of the Amherst suspects. SPD detectives executed a search warrant on the tan SUV and recovered a two hammers; a gym bag containing an orange pair of sneakers; and a locked box. Inside the box were two loaded firearms; a quantity of marijuana; and the title for the tan SUV in the name of Davonta Hill.
The criminal complaint is the result of an investigation by the Amherst Police Department, under the direction of Chief John Askey; the Strongsville, Ohio Police Department, under the direction of Chief Mark Fender; and the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Three Defendants Charged in Two Separate Cases with Attempting to Smuggle Marijuana into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Cindy Huang, 23, of Brooklyn, NY, Charles Shu, 25, of Buffalo, NY, and Isaac Danso Ofori, 26, of Columbus, OH, were arrested and charged by criminal complaint with possession and importation of a controlled substance, and smuggling goods into the United States. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on November 4, 2018, defendant Huang and Chu attempted to enter the United States from Canada at the Lewiston Bridge Port of Entry. They were passengers in a vehicle that included five other individuals. During the primary inspection of the vehicle, a Customs and Border Protection officer discovered two edible packages with a red marijuana leaf marking in the trunk area of the vehicle. The vehicle was then referred for a secondary inspection during which a canine dog alerted officers to the glove compartment area. A search of the glove compartment resulted in the discovery of a plastic bag containing marijuana.In a separate case, also on November 4, 2018, Ofori attempted to enter the United States from Canada at the Peace Bridge Port of Entry. Ofori was one of three occupants in a vehicle that was referred to secondary inspection. Prior to the secondary inspection, Ofori stated that he did not have any drugs, weapons, or prohibited items. During the secondary inspection, a Customs and Border Protection officer found a plastic baggie inside of a light brown colored book bag in the rear of the vehicle containing a green leafy substance. The defendant stated that he purchased the green leafy substance at a shop called "Market Dispensary," in Toronto. The green leafy substance tested positive for marijuana.
“Since recreational marijuana was legalized in Canada on October 17th, we have experienced a significant increase in the number of people apprehended at the border importing marijuana into the United States,” noted U.S. Attorney Kennedy. “Let there be no misunderstanding—it was, is, and will continue to be a federal crime to attempt to bring any quantity of marijuana into the United States from Canada. People must realize that the enduring hardship that they will suffer as the result of a federal criminal conviction will far outlast any high they may be seeking to experience through the ingestion of the marijuana they are illegally importing.”
Huang, Chu, and Ofori made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and were released.
The criminal complaint is the culmination of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Sentenced for Escaping from Federal CustodyRead 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 Abdul Rasheed, 36, of Rochester, NY, who was convicted after a jury trial of escaping from federal custody, was sentenced to 60 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle Rossi, who handled the prosecution of the case, stated that on March 27, 2016, the defendant, following a federal felony conviction in the Western District of New York, was sentenced to 12 months in prison. Rasheed served his prison sentence at United States Penitentiary Lee, located in Jonesville, Virginia. Near the end of his prison term, the defendant was offered the opportunity to complete the incarceration portion of his sentence at the Volunteers of America Residential Reentry Center, commonly referred to as a “halfway house,” located at 175 Ward Street in Rochester. After being released from USP Lee, Rasheed absconded and never appeared at the Volunteers of America. The defendant remained at large until he was arrested on October 29, 2016, in Pittsburgh, PA.
Following his escape but prior to his apprehension, Rasheed shot two individuals, killing one, during an attempted robbery. The defendant pleaded guilty to homicide in Allegheny County, PA, and was sentenced to serve 23 to 46 years in Pennsylvania State Prison. Rasheed will serve his federal sentence following the conclusion of his state sentenced in Pennsylvania.
The sentencing is the result of an investigation by the United States Marshals Service in Rochester, under the direction of Marshal Charles Salina, and the United States Bureau of Prisons, USP Lee.
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Three Florida Men Plead Guilty in Connection with Multi Million Dollar Fraud Scheme Against the Xerox CorporationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Haynes, Kyle Haynes, and Bryan Day, all of Florida, pleaded guilty before U.S. District Judge Elizabeth A. Wolford involving a scheme to defraud the Xerox Corporation of more than $20,000,000. Kyle Haynes and Bryan Day pleaded guilty to conspiracy to commit wire fraud and filing a false tax return. David Haynes pleaded guilty to filing a false tax return. The conspiracy charge carries a maximum penalty of 20 years in prison and a $250,000 fine, while the tax charge carries a maximum of penalty of three years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendants reside near Daytona Beach, Florida. Another co-conspirator Robert Fisher, owns RBM Imaging, an authorized reseller of Xerox office equipment. The three Florida defendants own Haynes Brother Furniture in Daytona, along with another co-defendant Jason Haynes.
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.
Kyle Haynes and Bryan Day 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 defendants then sold the fraudulently obtained toner for approximately $11,000,000 to an individual in Miami, Florida. Kyle Haynes, Bryan Day, and Fisher shared the profits from the fraudulent sale of the Xerox toner.
In executing the scheme, the defendants 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 defendants 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.
The defendants also filed false personal income tax returns with the Internal Revenue Service for the years 2008 through 2013. Their personal tax returns failed to report net income earned by HDH Graphics from the fraudulent sale of the Xerox toner. Because HDH Graphics was a partnership, all of its net income flowed through to the defendant’s 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 defendants 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. The defendants 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. As a result, approximately $66,288.50, should have flowed through as income to the defendant’s personal tax returns.
As part of their plea agreement, the defendants will forfeit millions of dollars in funds and assets that were previously seized by the government.
“It’s often said that money is the root of all evil, and in this case, it was certainly the root of the defendants’ criminal behavior,” said U.S. Attorney Kennedy. “These defendants worked, plotted, and schemed to steal millions of dollars from a business that has been a solid corporate citizen in our community. When individuals like these seek to enrich themselves by stealing from a business, both the business and consumers end up paying the price—through lower profits and higher costs.”
“Financial fraud schemes like this not only rob the government of vital revenues, they also penalize businesses who typically pass on losses to the consumer in the forms of higher prices, which is why we must hold the operators of these schemes accountable,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “HSI special agents dedicated to uncovering financial fraud will continue to aggressively investigate those who seek to blatantly disregard the law for their own financial gain.”
Charges remain pending against Robert Fisher and Jason Haynes. 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 pleas are 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, a 2:00 p.m. before Judge Wolford.
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Syracuse Man Sentenced for Attempting to Have Sex with A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charlie P. Conant, 27, of Syracuse, NY, who was convicted of attempted online enticement of a minor, was sentenced to serve 10 years in prison and 25 years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on February 27, 2018, an undercover New York State Police Investigator (UC) discovered a personal ad traced to the defendant on a Syracuse, NY, website that appeared to be targeting minors for sex. Posing as a 12-year-old female, the UC began communicating with Conant who asked for pictures. Communication between the UC and Conant continued via text message, as the defendant also asked for more pictures including naked photos.
On May 15, 2018, the defendant sent text messages to the UC indicating that he wanted to meet with the child in Seneca Falls, NY, for the purpose of having sex. On June 14, 2018, the defendant traveled to Seneca Falls to meet the UC while “the minor’s” grandmother was supposedly at work. After Conant arrived, he was arrested.
Today’s sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Florida Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Josue Vega, 37, of Kissimmee, Florida, pleaded guilty to possession of cocaine with intent to distribute, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years, and a $1,000,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on June 2, 2017, and June 15, 2017, the defendant sold 93 grams of cocaine in Rochester. Subsequently, on August 2, 2017, Vega was observed obtaining 31 grams of cocaine with the intent to distribute it to others.
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.
Sentencing is scheduled for February 6, 2019, at 3:00 p.m. before Judge Wolford.
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Buffalo Man Sentenced on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jesus Rojas, 32, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine and crack cocaine, was sentenced to serve 36 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between October 27, 2016, and October 23, 2017, the defendant on five separate occasions sold cocaine to a confidential source working with law enforcement officers. On January 5, 2017, a search warrant was executed at Rojas’s residence on Military Road in Tonawanda. Officers seized over 25 grams of marijuana and a digital scale. A second search warrant was executed on October 23, 2017, and officers seized another quantity of marijuana.
Today’s sentencing 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.
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Buffalo Man Sentenced on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Levon Dickson, 44, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between June and August of 2017, the defendant distributed more than 500 grams of cocaine in the Western District of New York. Specifically, on three occasions, Dickson sold cocaine to an undercover law enforcement officer. On August 3, 2017, a search warrant was executed at the defendant’s residence and officers recovered cocaine and items used to distribute cocaine.The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
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Jamestown Man Sentenced on 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 Beau K.C. Jones, 34, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 50 grams or more of methamphetamine, was sentenced to serve 100 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that the defendant was arrested on December 1, 2016, along with his brother Matthew S. Jones, after a shipment of more than 360 grams of methamphetamine was delivered, via the U.S. mail, to the brothers at Matthew S. Jones’ residence at 70 Colfax in Jamestown. Shortly after the delivery, Beau K.C. Jones was arrested during a car stop by police and the parcel containing the methamphetamine was discovered in the backseat of his vehicle. Matthew S. Jones was arrested later that day during a separate car stop. A safe was found in the trunk of his car containing an additional quantity of approximately 80 grams of methamphetamine.
Matthew S. Jones was previously convicted and also sentenced to serve 100 months in prison.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; and the Jamestown Police Department, under the direction of Chief Harry Snellings.
# # # #Flushing Man Sentenced for Conspiracy Related to Interstate Prostitution BusinessRead 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 LiangLiang Guo, 32, of Flushing, NY, who was convicted of conspiracy to use interstate facilities to promote prostitution and to transport individuals in interstate commerce with intent that such individuals would engage in prostitution, was sentenced to serve six months in prison by U.S. District Judge Lawrence J Vilardo.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant, and co-defendants Feng Yang Chen and Chengqi Li, were part of a multi-state prostitution business that sent female victims to cities and states across the Eastern United States to engage in commercial sex acts. As part of that business, Chen and Li posted advertisements on Backpage.com to set up meetings between clients and prostitutes in Tonawanda, NY and other cities and states. Guo acted as a driver for the prostitution business, driving the females to hotels where they would engage in commercial sex acts. Guo also collected the proceeds of the illicit prostitution business and provided them to Chen.
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; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.
# # # #New York State Lobbyist Arrested, Charged with BriberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Scott Gaddy, 48, of Albany, NY, was arrested and charged by criminal complaint with bribery concerning programs receiving federal funds, and honest services wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant, a lobbyist registered with the State of New York, owns and operates the lobbying firm Excelsior Advocates, LLC. At various times, Excelsior Advocates maintained lobbying contracts with the Rochester Genesee Regional Transportation Authority, and the Rochester City School District.
During an investigation into allegations of fraud and corruption involving a large re-development project in the City of Rochester, the FBI identified potential corrupt acts by Gaddy and various public officials. As a result, special agents began an investigation into the relationship between the defendant and New York State Assemblyman Joseph Errigo.
Working with an individual known to the FBI, special agents arranged for that individual to approach Gaddy about paying a bribe to Member A in order to introduce certain legislation.
On September 4, 2017, the individual met with Gaddy who and stated that he represented a wealthy client who wanted to stop the proposed development in Monroe County and was willing to pay $15,000 in order to do so. The defendant responded, “Yeah . . . yeah, no problem.” Over the next few weeks, the individual met with Gaddy to discuss and plan the bribery scheme, including the roles of Assemblyman Joseph Errigo and another assembly member identified as Member A.
On February 9, 2018, Gaddy arranged for a meeting between the individual and Errigo at Errigo’s Pittsford, NY office. During that meeting, the individual gave $1,500 cash to Errigo and $2,500 to Gaddy. On March 16, 2018, the individual gave Errigo another $2,000.
On March 27, 2018, Errigo introduced a bill consisting of the proposed legislation, which was assigned bill number A10227. The individual paid Gaddy another $2,000. On April 13, 2018, the individual paid Errigo another $2,000.
The individual paid Errigo and Gaddy a total of $10,500 to obtain the introduction of proposed legislation in the New York State Assembly, and begin the process of obtaining passage of a State law.
Joseph Errigo was arrested on October 10, 2018, and also charged with bribery concerning programs receiving federal funds, and honest services wire fraud.“The people of Western New York, like all our citizens, deserve to have representatives who act in the public’s interest, not for their own personal financial gain,” noted U.S. Attorney Kennedy. “Where, as alleged here, legislative acts are undertaken not on their merits but in exchange for the payment of bribes and in hopes of personal financial gain, then all involved in the corruption of our legislative process ought to expect to face criminal charges.”
“Today's complaint, like other recent cases, highlights a common theme: bribery crimes are fueled by greed,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “A bribe is a bribe - plain and simple. Public corruption is the FBI's top criminal priority for good reason. When a person or group can buy legislation by bribing a public official, it is the community and constituents who suffer and the public official who benefits.”
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released. Gaddy is due back in court on December 18, 2018, for a status conference.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Buffalo Man Sentenced for His Role in Cross Country Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jabriel Crews, 35, 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 96 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between January 2014 and June 1, 2016, the defendant purchased multi-kilo quantities of cocaine from a source in Houston, Texas. Co-defendant Mark Ramos, an associate of the Houston source-of-supply, would mail the cocaine to addresses in Buffalo provided by Crews. The defendant would then receive those parcels and process and repackage the cocaine for distribution. In exchange, Crews would make payment to his source in Texas using some combination of a courier and U.S. mail parcels mailed to P.O. boxes set up in the Houston, Texas area.
On June 1, 2016, a search warrant was executed at 236 Katherine Street. Law enforcement officers recovered a scale with powder residue, packaging materials including bags and a vacuum sealer, identification cards, and one live bullet.
Mark Ramos was previously convicted and sentenced on federal charges. Charles Gonzalez was charged and convicted in state court.
The sentencing 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 Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Tonawanda Man, Convicted at Trial, Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury convicted Michael Elder, 38, of Tonawanda, NY, who was convicted following a jury trial of possession with intent to distribute 28 grams or more of crack cocaine, possession with intent to distribute fentanyl, butyryl fentanyl, and furanyl fentanyl, and maintaining a drug-involved premises, was sentenced to serve 210 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Brendan T. Cullinane and Seth T. Molisani, who handled the prosecution of the case, stated that on November 3, 2016, the United States Probation Department and the Drug Enforcement Administration searched the defendant’s residence at 143 Edgewood Avenue in Tonawanda. Officers recovered crack cocaine, fentanyl, drug presses, and other drug paraphernalia. At that time, Elder was on federal supervised release for a previous bank robbery conviction.
Today’s sentencing is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
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Tonawanda Man Admits Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y .- U.S. Attorney James P. Kennedy, Jr. announced today that Steven Brzezinski, 34, of Tonawanda, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a minimum sentence of five years in prison, a maximum of 20 years and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant, who was on probation for an unrelated offense, was in possession of a tablet containing child pornography. A forensic examination of the tablet revealed that Brzezinski received child pornography from a 15 year old over Facebook Messenger. The defendant has a previous conviction for endangering the welfare of a child.Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Gary A. Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for February 8, 2019, at 12:30 p.m. before Judge Arcara.
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Rochester Woman Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Bonnie Hughes, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography. The charge carries 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 prior to March 19, 2018, the defendant’s friend, John Kohlmeier, was having sexually explicit conversations with a 10-year female known to the defendant. On March 19, 2018, Hughes, at Kohlmeier’s request, took two sexually explicit photographs of the minor and sent them to Kohlmeier’s cell phone. Kohlmeier then went to the defendant’s residence where Hughes permitted the 10-year minor to engage in sexual conduct with Kohlmeier. The sexual contact between the minor and Kohlmeier occurred on several occasions beginning in February 2018.Charges remain pending against Kohlmeier. The defendant and Kohlmeier are also facing related charges in state court. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Greece Police Department, under the direction of Chief Patrick D. Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
The defendant is scheduled to be sentenced on January 31, 2019, before Judge Siragusa.
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Rochester Men Convicted of Cocaine Trafficking 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 a federal jury has returned a verdict convicting Juan Sampel, 48, and Jose Gonzalez, 40, both of Rochester, NY, of conspiracy to possess with intent to distribute five kilograms or more of cocaine. Because of their prior drug felony convictions, Juan Sampel faces a mandatory life sentence, and Jose Gonzalez faces a mandatory minimum sentence of 20 years, and a maximum penalty of life in prison.
Assistant U.S. Attorneys Sean C. Eldridge and Robert A. Marangola, who handled the prosecution of the case, stated that the evidence presented at trial demonstrated that between 2015 and April 27, 2016, Sampel and Gonzalez were part of a cocaine distribution network that distributed kilograms of cocaine in Rochester. During the investigation, law enforcement officers obtained court ordered wiretaps on several phone numbers related to this conspiracy. Calls involving Sampel, Gonzalez, and other co-conspirators were recorded. During those calls, the defendants used coded references to refer to their cocaine trafficking. Other intercepted communications revealed discussions about identifying undercover police vehicles and encouraging co-conspirators to utilize encrypted forms of communications over their phones. Investigators also utilized video surveillance to record meetings and the transfer of cocaine and cash between co-conspirators.
On April 27, 2016, several search warrants were executed, including at the residences of the defendants. Law enforcement officers recovered multiple cellular telephones, including Sampel’s phone, drug paraphernalia such as scales and baggies, and over $11,000 in cash from Gonzalez’s residence, and over $17,000 from Sampel’s residence. As part of the overall investigation, investigators seized over 11 kilograms of cocaine.
The trial verdict 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 Rochester Police Department, under the direction of Chief Mark Simmons.
Sentencings are scheduled for January 29, 2019, before U.S. District Judge Charles J. Siragusa, who presided over the trial of the case.
# # # #Gates Man Arrested for Attempting to Have to Have Sex with A 14 Year Old ChildRead 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 Dillon T. Boyington, 35, of Gates, NY, was arrested and charged by criminal complaint with the attempted online enticement of a minor, and attempted production of child pornography. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, the defendant utilized a social media application in an attempt to meet a 14 year old child for sex. Boyington was intercepted by members of the New York State Police on October 24, 2018. At the time of his arrest, the defendant was found in possession of condoms and candy, which he intended to give to the child.The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and is being held pending a detention hearing on November 1, 2018.
The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Arrested for His Role in Buffalo to Rochester Cocaine Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Seymour Miles, 24, of Rochester, NY, was arrested and charged by criminal complaint with possession with the intent to distribute, and distribution of, cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $1,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, in April 2018, the DEA began an investigation into a cocaine distribution organization operating in Rochester and Buffalo, NY. During the course of the investigation, the defendant was identified as a member of this organization, which was responsible for the distribution of cocaine and crack cocaine to a network of customers. Between September 24, 2018, and October 18, 2018, the DEA conducted three controlled purchases of cocaine from Miles.On October 25, 2018, the DEA arranged for a controlled purchase from the defendant in Rochester. Once he arrived at the specified location, Miles was arrested and law enforcement officers seized approximately 190 grams of suspected crack cocaine and approximately 60 grams of cocaine. A search warrant was subsequently executed at the defendant’s Paige Street residence during which officers recovered a loaded 9mm handgun and .22 caliber rifle, narcotic packaging materials, scales, crack cocaine packaged for distribution, and packaging materials containing suspected heroin residue.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The complaint 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 Rochester Police Department, under the direction of Chief Mark Simmons.
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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NY Man Arrested at Peace Bridge, Charged with Unlawfully Importing Marijuana He Legally Obtained from A Canadian Dispensary into the U.S.Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Dratch, 23, of Montgomery, NY, was arrested and charged by criminal complaint with possession of a controlled substance, importation of a controlled substance, and smuggling goods into the United States. The charges carry a maximum penalty of five years in prison and a $250,000 fne.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on October 25, 2018, the defendant was encountered entering the United States from Canada at the Peace Bridge Port of Entry, and was referred for a secondary inspection. During his initial inspection, Dratch stated he did not have any drugs, weapons, or prohibited items.During the secondary inspection of the defendant’s vehicle, a canine search resulted in an alert to a trained odor on the glove compartment area. A search resulted in the discovery of six envelopes containing marijuana, two jars of marijuana resin, four additional packages containing THC-infused gummy worms, and a piece of paper with “118 George St.” and “289-396-8078” written on it. The address and number linked to the internet address “https://weedmaps.com/dispensaries/47483/about.” The website displayed MMJ Canada – Hamilton as well as various marijuana products for sale. The defendant was arrested at that time.
During a search of recent text messages in Dratch's phone, a message to an individual identified as "Max" on the same day stated: “lol bro I just had 100mg edible and I got stopped by customs and now they're asking me so much (expletive).”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Head of Deadly Elmira Opioid Trafficking Organization 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 Robert Ian Thatcher, 30, of Elmira, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, U-47700 and 100 grams or more of furanyl fentanyl, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant, along with co-conspirator Maximillian Sams, ran a large-scale opioid manufacturing and trafficking organization in the Southern Tier of New York and northern Pennsylvania between 2015 and May 2017. As part of the conspiracy, Thatcher and Sams imported bulk quantities of furanyl fentanyl and U-47700 from overseas suppliers China. They ordered the furanyl fentanyl and U-47700 on what is known as “the dark web,” and used different people and addresses in New York and Pennsylvania to receive the shipments. The defendant and Sams purchased equipment and materials – including pill presses/mechanical tableting machines, microcrystalline cellulose, lactose magnesium stearate, and powdered food coloring – which they used to manufacture tens of thousands blue pills containing furanyl fentanyl and U-47700. The pills were made to look like legitimate 30 milligram Percocet pills.
At least two individuals – a female identified as B.S., and a male identified as C.H. – died after ingesting the blue pills containing furanyl fentanyl and U-47700. In addition, at least one individual – identified as J.M. – overdosed on more than one occasion after using the blue pills manufactured, but survived after being treated by first responders with Narcan.
Thatcher and Sams used residences at 604 South Lehigh Avenue in Sayre, Pennsylvania, and 665 Sawdey Road in Catlin, NY, to manufacture and process the pills for distribution. During the execution of a search warrant at the Sayre location on May 16, 2017, law enforcement agents recovered, among other things, 244 blue pills containing furanyl fentanyl, four long guns and ammunition. In addition, during the execution of a search warrant at the Catlin location on May 18, 2017, law enforcement agents recovered, among other things, materials used by the defendant and Sams to manufacture the pills for distribution. During the conspiracy, Thatcher also possessed several firearms at the Pennsylvania location and his residence in Elmira.
After manufacturing the pills, the defendant and Sams would distribute them in large quantities to other co-conspirators – including Anthony Prettyman, Jesus Rivera, Terrance Washington, and Dwayne Banks, a/k/a Fizzle, a/k/a Fizz, who would then distribute the pills to various street-level customers in the Elmira area. Pills were also supplied to an individual in the Charlotte, North Carolina area. As part of the conspiracy, Sams used co-conspirator Anthony Prettyman to transport 5,330 blue pills containing furanyl fentanyl from Elmira to North Carolina in October 2016. On October 25, 2016, in North Carolina, deputies with the Iredell County (NC) Sheriff’s Office conducted a traffic stop of the vehicle in which Prettyman was traveling. During a subsequent search, the deputies recovered and seized a paint can with a false bottom containing the 5,330 blue pills from inside Prettyman’s vehicle.
In early 2017, Thatcher arranged for a package of furanyl fentanyl, that he ordered over the dark web, to be sent to co-conspirator Carlito Rios, Jr. On March 13, 2017, Customs and Border Protection officers at the John F. Kennedy International Airport Mail Branch in Queens, NY, examined a United States Postal Service package addressed to co-conspirator Rios at 1015 Oak Street in Elmira. The sender was listed as an entity in China. Upon inspection, the package was found to contain approximately 249 grams of furanyl fentanyl. The defendant and Sams intended to use the seized furanyl fentanyl to manufacture and distribute additional quantities of the blue pills.
To date, 13 members and associates of the defendant’s opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Each of those defendants is awaiting sentencing. In addition, an Elmira resident, Isaiah McLaurin, was convicted in September 2017 of witness tampering, after he made threats on Facebook against an individual working with the Drug Enforcement Administration during the investigation. Chief Judge Geraci sentenced McLaurin to 57 months in federal prison.
“This defendant and his co-conspirators may have thought they could elude law enforcement detection by purchasing supplies through the so-called ‘dark web,’ but as this investigation showed, that is clearly not the case,” said U.S. Attorney Kennedy. “Whether these criminals choose to pedal their deadly poison in urban, suburban, or rural areas, we will track you down and we will prosecute you to the fullest extent of the law. The opioid epidemic has taken far too many lives, but thanks to the efforts of many, including law enforcement, health officials, and treatment and prevention organizations, we are starting to stem this deadly tide.”
The plea is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.
Sentencing is scheduled for February 7, 2019, at 3:00 p.m. before Chief Judge Geraci.
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Felon Arrested on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Felix M. Velazquez, 42, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute 28 or more grams of cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, in June 2018, the Lackawanna Police Department Narcotics Unit began investigating the narcotics trafficking activities of the defendant, a mid-level street cocaine distributor who has a large customer base in the Buffalo area. Velazquez allegedly conducted his distribution activities through his cellular phone, and at his apartment on Weyand Avenue in Buffalo.On August 14, 2018, Lackawanna and Buffalo police officers executed a search warrant at the residence and seized $ 42,955 in cash, approximately six ounces of suspected cocaine, and one firearm, a loaded .380 pistol. Officers also seized two digital scales commonly used to weigh cocaine, and plastic baggies commonly used to package cocaine.
In September 2011, Velazquez was convicted in federal court of possession with intent to distribute cocaine, and sentenced to 12 months in prison. As a result, the defendant is legally prohibited from possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released.
The complaint is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; 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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Buffalo Man Charged with Bank Robbery and Threatening His Ex-girlfriendRead 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 Vincent Gibson, 37, of Buffalo, NY, was arrested and charged by criminal complaint with bank robbery, entering a bank with intent to commit a larceny, and interstate communication of a threat to injure a person. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on September 11, 2017, at approximately 1:36 p.m., a middle-aged black male wearing blue jeans, a tan Nautica baseball cap, a cream and gray sweater, and a plaid shirt underneath, entered the M&T Bank located at 1300 Jefferson Avenue in Buffalo. The male approached the teller and passed a note which read, "All $100 $50[,] No die (sic) Packs[,] Quiet Don't Make a Sense (sic)[.]" The teller gave the male United States currency and he departed the bank.On October 27, 2017, an individual was interviewed by the Cheektowaga Police Department, and stated he/she has known Gibson for several years. Prior to observing any surveillance images related to the bank robbery, the individual stated the defendant was wearing blue jeans, a tan Nautica baseball cap, a cream and gray sweater and a plaid shirt underneath the sweater on September 11, 2017. The individual overheard Gibson tell a friend he had just robbed a bank on Jefferson Avenue. A detective then showed the individual a surveillance photograph from the M&T Bank robbery and he/she positively identified the bank robber in the surveillance photograph as the defendant.
On January 26, 2018, a second individual, who has a familial relationship with Gibson, was interviewed by the Buffalo Police Department. He/she was shown a surveillance photograph taken during the robbery and positively identified the bank robber as the defendant.
On October 17, 2018, a special agent with the Federal Bureau of Investigation interviewed a third individual who has maintained a close relationship with Gibson. The third individual stated that he/she was aware that the defendant has robbed banks in the past. He/she also stated that Gibson admitted that he had committed many bank robberies. The third individual was shown a surveillance photograph from the M&T bank robbery and positively identified the defendant.
The complaint further states that on October 14, 2018, Victim 1 was threatened by Gibson via text message. The victim and the defendant have a child in common and the victim recently ended their relationship. These threats included statements such as: ‘I'm (sic) kill you and I mean it,” “I'm about to get your kids,” and “I be at your house you die.”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held.
The complaint is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Arrested, Charged with Possession of Butyryl FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Myles Scales, 27, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on November 14, 2017, at approximately 6:04 p.m., two Buffalo Police Officers observed a blue 2013 Dodge Avenger parked in the vicinity of 1310 Broadway for a few minutes and then observed it leave. Approximately 20 minutes later, the officers observed the same vehicle parked again near 1310 Broadway, where it remained for a few minutes before departing again.
The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bundle. The bundle was actually a plastic bag containing nine bundles which contained 81 white and blue-checkered glassine envelopes of suspected controlled substances. Scales was arrested at the scene. Subsequent testing determined that the substance was butyryl fentanyl.The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge 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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Kingsmen Member Sentenced on RICO 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 Jack Wood, a/k/a Snake, 48, of Athens, TN, formerly of Delavan, NY, who was convicted of RICO conspiracy, was sentenced to serve 37 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that between 2009 and 2016, the defendant was a member of the Delevan/Arcade Chapter of the Kingsmen Motorcycle Club (KMC). Wood admitted that during the RICO conspiracy, KMC members and associates used and/or distributed marijuana, cocaine, methamphetamine, and other controlled substances in and around the Delevan/Arcade Chapter Clubhouse. The defendant also admitted that he possessed firearms, and that KMC members maintained access to and sold firearms.
On August 3, 2013, KMC members used the defendant’s van to conduct a drive-by shooting in Springville, New York. During the incident, KMC members fired shots at former KMC members who were at odds with the current KMC members. Following the drive-by shooting, the KMC members returned the van to the defendant and instructed him not to use the van. The defendant learned that KMC members used the van in a drive-by shooting and, based on their instructions, did not use the van. In 2015, law enforcement approached the defendant about his knowledge of the van’s use in a drive-by; the defendant repeatedly made evasive and misleading statements in an effort to hinder and prevent the investigation. Later that year, the defendant again made evasive and misleading statements before a federal Grand Jury regarding this investigation.
Wood is one of 20 KMC members and associates charged in this case. To date, 19 have been convicted, including National President David Pirk, who was convicted following a four-month jury trial. Wood is the second defendant to be sentenced. Charges remain pending against Brian Witkowski. The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices, Immigration and Customs Enforcement, Homeland Security Investigations, the Erie County Sheriff’s Office, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York State Police, the Olean Police Department, the Lancaster Police Department, the Amherst Police Department, the City of North Tonawanda Police Department, the Niagara Frontier Transportation Authority Police, the Cattaraugus County Sheriff’s Department, the Hamburg Police Department.
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Cleveland Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Bills, 39, of Cleveland, OH, who was convicted of soliciting an image containing obscene material from a minor, was sentenced to 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on April 24, 2018, the defendant began communicating on a social networking application using his iPhone with a Department of Homeland Security undercover agent (UCA). Bills believed the UCA was a 13-year-old female from Rochester, NY.
Between April 24 and April 25, 2018, the defendant engaged in sexual conversations with the UCA via text messages. During these conversations, Bills requested the UCA, who he believed was a 13-year-old female, to send him sexually explicit photos of herself.
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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Amherst Sentenced on Health Care Fraud 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 Umar Adeyola, 48, of Amherst, NY, who was convicted of conspiracy to commit health care fraud, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $135,739 to the U.S. Department of Labor, and $228,638 to health insurance companies.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant founded, organized, and managed the HEART Foundation, a not-for-profit organization intended to assist area youths, and Heart Community Alliance (“HCA”), a related for-profit organization, intended to provide clinical services, such as counseling and psychotherapy, to youths. Through his role with those organizations, Adeyola engaged in two major fraud schemes.
The first scheme involved attempts by the defendant, on behalf of HCA, to defraud private insurance companies Blue Cross Blue Shield, Independent Health, and Univera. Adeyola arranged for the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed. The bills falsely represented that the services had been rendered by properly licensed and credentialed social workers when, in fact, the services had actually been provided by other individuals, including interns. The scheme included the submission to the same insurance companies of bills for services which purported to have been rendered by a social worker who was actually hospitalized and/or deceased on the dates of service claimed.
In addition, Adeyola falsified documents in response to an audit of HCA by Independent Health. During the course of the audit, the defendant made materially false statements to representatives of Independent Health, with respect to the deceased social worker who he claimed had rendered services at HCA.
The second scheme involved Adeyola’s theft of government funds in the form a federally funded grant received by the Heart Foundation. Specifically, in April 2013, the Heart Foundation was selected to be a recipient of a Department of Labor grant, administered by the Latino Coalition, an entity in California. Adeyola submitted in excess of 30 false and fraudulent reimbursement requests for grant funds, resulting in payment of approximately $135,000 to the Heart Foundation.
“While the stated mission of the HEART Foundation and Heart Community Alliance—to assist young people in need in our community—was laudable, the motive of their founder, this defendant, was criminal,” said U.S. Attorney Kennedy. “Our office will not stand by when any individual attempts to defraud the health insurance industry or steal from the government. Such behavior drives up costs for all taxpayers and keeps funding from other organizations in need.”
“Umar Adeyola defrauded the U.S. Department of Labor’s (DOL) Employment and Training Administration by submitting dozens of fraudulent reimbursement requests for Workforce and Investment Act grant funds intended for those who were entitled to such benefits. We will continue to work with our law enforcement partners to aggressively pursue those who defraud DOL programs,” stated Michael Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.
“Adeyola schemed to fatten the bottom line by defrauding taxpayer-funded government programs. Instead he will be imprisoned and forced to pay restitution,” said Scott J. Lampert, Special Agent-in-Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Those considering such schemes should be prepared for harsh consequences.”Today’s sentencing is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael Mikulka, Special Agent-in-Charge of the New York Region; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent-in-Charge Scott Lampert.
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15th Defendant Indicted in Jamestown Methamphetamine Ring ArraignedRead 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 Henry Stovall, Jr., on charges of methamphetamine conspiracy, possession with intent to distribute, and distribution of, methamphetamine, and using and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Stovall was arraigned before U.S. Magistrate Judge Michael J. Roemer and is being detained.
The defendant was named in a 42-count indictment along with 14 other defendants including:
• 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;
• Searcy E. Fields;
• Jacob A. Motherwell;
• Michael A. Davis; and
• Stacie N. YancerAssistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment and a previously filed complaint, all 15 defendants are accused of operating a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area, since March 2017.
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.
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 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.
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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Grand Island 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 Anthony Weber, 36, of Grand Island, NY, pleaded guilty to attempted receipt of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on April 9, 2017, the defendant engaged in a online conversation with Victim 1, a 15 year old female. On April 12, 2017, Weber invited Victim 1 to a bonfire, stating they would drink alcohol and smoke marijuana. Victim 1 responded, “Im 15.”
On August 10, 2017, the defendant again engaged in an online conversation with Victim 1, offering to provide cocaine to Victim 1 in exchange for sexual intercourse. Victim 1 agreed to consider having sex with Weber in exchange for cocaine. The defendant then requested that Victim 1 send him sexually explicit pictures.
Victim 1 subsequently reported this incident to the City of Tonawanda Police Department. After the incident was reported, the Federal Bureau of Investigation assumed Victim 1’s online identity and continued to engage in online conversations with the defendant. On October 11, 2017, Weber agreed to meet the person he believed was a minor female to engage in sexual activity. The defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor.
The plea is the result of an investigation by the City of Tonawanda Police Deparment, under the direction of Chief William Strassburg, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. And the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for February 14, 2019, at 11:00 a.m. before Judge Wolford
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Gowanda Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Aurand, 20, of Gowanda, NY, who was convicted of distribution of child pornography, was sentenced to 180 months in prison by U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum sentence of five years in prison, a maximum sentence of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven year old child that he produced while babysitting the child at his residence. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Buffalo Man Sentenced for Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Sasiadek, 64, of Buffalo, NY, who was convicted of production of child pornography, was sentenced to 20 years in prison and 20 years supervised release by U.S. District Judge Elizabeth Wolford.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between July 2004 and October 2004, the defendant produced child pornography of a child who was approximately six years old.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack.
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Fairport Man Pleads Guilty to False Claim of PTSD to Get VA Disability PaymentsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. U.S. Attorney James P. Kennedy, Jr. announced that Michael Pecka, 33 of Fairport, NY, pleaded guilty before U.S. District Court Judge Charles J. Siragusa to making a false official statement. The charge carries a maximum penalty of five years in prison, a fine of up to $250,000, or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Pecka filed a claim for VA Disability Benefits in 2011 claiming that he had Post Traumatic Stress Disorder (PTSD) from witnessing the suicide of two fellow soldiers while deployed to Kuwait in 2004-2005 with the Army Reserve. In support of his claim for PTSD, the defendant described in detail the two suicides that he claimed to have witnessed to include his distance from the soldiers, the manner in which they each committed suicide, his observation of the bodies, and his role in the investigations. As a result of this claim, Pecka received a high disability rating and was awarded tax free disability benefits of $3,167 per month. The defendant filed the initial claim while he was an inmate in federal prison for an unrelated bank fraud conviction.
Pecka repeated his false claims about observing the suicides on Official VA Forms, signed under penalty of perjury, in 2011 and 2014. However, an investigation by Special Agents of the VA Office of Inspector General determined that the defendant lied about being present for either suicide, lied about observing either suicide, lied about being involved in the investigation of either suicide, and in the case of one of the soldiers, was not even in the same country at the time he committed suicide. Pecka repeatedly stated under oath that he watched this soldier commit suicide, when in fact, the defendant was stationed over 6,000 miles away in Kuwait when the soldier committed suicide near Ft. Drum, NY.
On May 24, 2018, Pecka provided statements to an undercover VA Office of Inspector General Special Agent whom the defendant believed to be a VA Field Examiner conducting a routine file update for his compensation claim. During that meeting, Pecka falsely told the agent that he personally witnessed the suicide of one of the soldier, now claiming that it happened while they were “on a mission” together. Pecka described the incident stating that soldier shot himself with his pistol without warning, and that he reported the incident to his First Sergeant. None of that was true. Regarding the second suicide, the defendant falsely claimed that he saw the muzzle fire from the discharge of that soldier’s rifle, discovered that victim in his vehicle, and then reported the suicide to Military Police. This too was a lie.
After making these statements to the undercover VA-OIG Special Agent, Pecka completed a new VA Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Form, in his own hand. In that statement, the defendant again falsely claimed that he saw both soldiers shoot themselves.As a result of his false statements to the VA, Pecka received over $92,000 in tax free VA Disability benefits to which he was not legally entitled.
According to the National Center for PTSD, Post-Traumatic Stress Disorder is a mental health condition that some people develop after experiencing or witnessing a life-threatening event, like combat. The condition may last months or years, with triggers that can bring back memories of the trauma accompanied by intense emotional and physical reactions. Symptoms may include nightmares or unwanted memories of the trauma, avoidance of situations that bring back memories of the trauma, heightened reactions, anxiety, or depressed mood. For further information on PTSD, treatment options, and how to obtain help from the Department of Veterans Affairs, please go to https://www.ptsd.va.gov/
The plea is the result of an investigation by the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office, under the direction of Special Agent-in-Charge Sean J. Smith.
Pecka also has a pending violation of his supervised release conditions from the prior federal bank fraud conviction.
The defendant was ordered detained pending sentencing on both cases, which is scheduled for January 24, 2019, at 10:00 a.m. before Judge Siragusa.
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Chairman of the Rochester Housing Authority Charged with 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 George H. Moses, 50, of Rochester, NY, was charged by criminal complaint with making false statements to Special Agents of the FBI. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), which provides housing opportunities and services for the Rochester community and a board member of the Rochester Housing Charities (RHC). The RHA has an annual contract with the United States Department of Housing and Urban Development from which it receives millions of dollars.
As alleged in the criminal complaint, on March 25, 2015, defendant Moses, as Chairperson of the Board of RHA, caused that Board: (a) to appoint him as one of the three new board members of the RHC, and (b) to approve a loan by the RHA to the RHC in the amount of $300,000.
On July 7, 2015, the RHC entered into an $87,500 one year contract with Capital Connection Partners LLC (CCP) for various services including: (a) advocating at the local, state and federal level of government for policy and legislation, reviewing best practices, and issuing presentations to elected officials; and (b) finding self-sufficient resources to include creating entrepreneurial opportunities and workforce development, developing revenue streams for residents, and applying for federal home loan bank grants.
The following day, on July 8, 2105, Adam McFadden, on behalf of his company, Caesar Development LLC, executed a contract with CCP entitled the Pass Through Funding and Services Agreement, which provided that CCP would pass through 75% of the funds it received from the RHC to Caesar Development LLC.
On August 3, 2015, the RHA on behalf of the RHC paid CCP $43,750, which represented the first installment payment under the terms of the RHC and CCP Contract. Thereafter, on August 8, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHA.
Subsequently, on December 23, 2015, the RHC paid $43,750 to CCP, which represented the second installment payment under the terms of the RHC and CCP Contract. On the following day, December 24, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHC.
In the course of an investigation into these contracts between RHC and CCP and between CCP and Caesar Development LLC, Special Agents of the FBI had occasion to interview defendant Moses regarding his knowledge of those contracts and payment of funds pursuant to them.
As alleged in the criminal complaint, during the course of those interviews Moses made the following materially false statements to the FBI:
• When asked how RHC learned of CCP, defendant Moses falsely stated that he could not recall specifically who brought CCP to the attention of the RHC, when in truth and in fact, defendant Moses knew that McFadden had brought CCP to his attention and to the attention of the RHC.
• When asked whether he knew if CCP had any subcontractors doing work under the RHC and CCP Contract, Moses stated that he was unaware of any sub-contractors that CCP utilized to execute the RHC and CCP Contract, when in truth and in fact, defendant Moses knew that McFadden and his company, Caesar Development LLC were allegedly performing work on behalf of CCP in connection with CCP’s contract with RHC.
• When told that Adam McFadden and his company received money from the RHC and CCP Contract, defendant Moses stated that he was surprised that McFadden and Caesar Development LLC received such money, when in truth and in fact, defendant Moses knew that McFadden and Caesar Development LLC, had received such money.
• When discussing a meeting held between CCP and the boards of the RHA and RHC on December 11, 2015, defendant Moses stated that he was surprised that McFadden was also at the meeting, when in truth and in fact, defendant Moses knew McFadden would be in attendance at such meeting.
The defendant made an initial appearance before U.S Magistrate Judge Payson and was released.The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.
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.
# # # #Rochester Man Sentenced on Gun and Cocaine 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 Laquan J. Simmons, 26, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, and possessing of cocaine with the intent to distribute, was sentenced to 57 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that on June 8, 2017, on Wright Terrace in Rochester, Simmons possessed approximately 12 baggies of crack cocaine, with the intent to distribute it to others. The defendant also possessed a loaded 9mm semiautomatic handgun in his pocket. Simmons was previously convicted in 2015 of Criminal Sale of a Controlled Substance in the 5th Degree, a felony, and is 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.
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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 Michael Pacheco, aka Michael Dominguez, 27, of Dunkirk, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more cocaine, was sentenced to serve 18 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 Fred Santiago to distribute kilogram quantities of cocaine in and around the Western District of New York. Pacheco obtained cocaine from Santiago for sale and distribution to others.
During the time of the conspiracy, the defendant made at least two undercover drug sales to law enforcement officers on April 19, 2017, and April 26, 2017. On May 2, 2017, Pacheco was arrested and found with cocaine on his person, which was intended for sale.
The 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.# # # #
California Man Sentenced for His Role in Illegal Immigration 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 Marguin Sanchez, 23, of California, who was convicted of conspiracy to employ unlawful aliens, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant forfeited two properties that were used to house the illegal aliens.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant, along with co-defendant Jose Sanchez-Ocampo, assisted co-defendant Sergio Ramses Mucino, in hiring illegal aliens to work at four Mexican restaurants including Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore. The defendant was responsible for paying wages to the workers in cash and purchasing homes in his name where the illegal aliens who worked in the restaurants resided.
Jose Sanchez-Ocampo and Sergio Ramses Mucino were previously convicted and are awaiting sentencing.
The 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, the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the New York State Department of Taxation and Finance.
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Buffalo Man Sentenced on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry Smith, Jr., 40, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine, was sentenced to serve 63 months in prison by Chief U.S District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between June 9 and July 27, 2017, the defendant sold crack cocaine to an individual working with the Drug Enforcement Administration on four occasions. In addition, on October 5, 2017, DEA agents recovered approximately 195 grams of cocaine in Smith’s residence at 56 Burgard Place in Buffalo.
The sentencing 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.
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Buffalo Man Sentenced for Selling Cocaine 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 Rashawn Brown, 31, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine and fentanyl, was sentenced to serve 51 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on four occasions between March 31, 2017, and April 24, 2017, the defendant sold crack cocaine to an undercover officer working with the Lackawanna Police Department. On one occasion, Brown also sold both fentanyl and crack cocaine to the undercover officer.
The defendant was previously convicted in September 2012 in Erie County Court of Criminal Possession of a Controlled Substance in the Fifth Degree, a felony.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Lackawanna Police Department, under the direction of Chief James Michel.
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Buffalo Man Pleads Guilty to Heroin 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 a Rashawn Crule, 42, of Buffalo, NY, pleaded guilty to possession with intent to distribute 100 grams or more of heroin before U.S. Magistrate Judge H. Kenneth Schroeder. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $8,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that between June 2013 and September 2015, the defendant possessed with intent to distribute and distributed various illegal narcotics including heroin, fentanyl, crack cocaine and cocaine. Crule also maintained a premises at 98 Gillette Avenue in Buffalo for the purpose of manufacturing, distributing and using these illegal narcotics. The defendant also allegedly possessed a 9mm handgun.
Crule made two sales of heroin to an individual working with the DEA. On November 2, 2015, investigators executed a search warrant and seized $74,878 in U.S. currency and a 14 karat white gold necklace form the defendant’s residence at 22 Homer Avenue in Buffalo, which represented drug trafficking proceeds. A second search warrant was executed at 98 Gillette Street in Buffalo where investigators seized heroin, fentanyl, crack cocaine, and cocaine. A firearm and 11 rounds of ammunition were also seized.
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; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations.
Sentencing will be scheduled at a later date.
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Brooklyn 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 Gilbert Guzman, 42, of Brooklyn, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to three years probation by U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between May 2017 and October 18, 2017, the defendant conspired with co-defendants Stevie Alejandro, Aaron Hill, Cleophus Dentmond, and Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
On August 16, 2017, Guzman sold cocaine to an undercover police officer. Stevie Alejandro, who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School, provided the defendant with the cocaine for this transaction.
All five defendants have been convicted in this case.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, 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 Man Sentenced to 17 Years in Federal Prison 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 Jay Neal, 40, of Buffalo, NY, who was convicted of eight counts including conspiracy to possess with intent to distribute 100 grams or more heroin, possession with intent to distribute, and distribution of, heroin, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking activity, being a felon in possession of a firearm, and possession of a defaced firearm, was sentenced to serve 210 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on October 20, 2015, Neal sold a quantity of heroin to an individual working with the Drug Enforcement Administration. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. Neal drove to a residence at 87 Mariner Street in Buffalo. About an hour later, Neal and co-defendant Quashawn Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in cash. A search warrant executed inside 87 Mariner recovered two guns, ammunition, 10 grams of heroin inside a dresser drawer, and multiple scales.
In 1997, Neal was convicted in state court of Attempted Murder and Robbery in the 1st Degree. As a result of those convictions, Neal was legally prohibited from possessing a firearm.
Today’s sentencing 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 Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
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Tonawanda Man Pleads Guilty to 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 Osvaldo Rivera-Amaro, 45, of Tonawanda, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to attempted possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that cocaine was shipped to the defendant from Puerto Rico through the U.S. Postal Service. On December 15, 2017, U.S. Postal inspectors seized a package containing just over two kilograms of cocaine that was addressed to Iramarie Velez on Crane Place in Tonawanda, NY. The cocaine was replaced with sham cocaine, and then the package was delivered on December 28, 2017. After Velez accepted the package, she left the residence but returned a few minutes later with Rivera-Amaro. Velez went back into 62 Crane Place, came back out with the package, and placed it in the back of the defendant’s vehicle. The defendant was subsequently detained, his vehicle was searched, and the package, containing the sham cocaine, was located in the trunk.
Charges are pending against Iramarie Velez. 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 U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for January 15, 2019, at 12:00 p.m. before Judge Wolford.
# # # #Niagara Falls 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 Michael Mitchell, 37, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder to conspiracy to possess with intent to distribute 100 grams or more of heroin. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that between June 2013 and September 2015, the defendant conspired with others sell heroin, fentanyl, and cocaine. Mitchell received heroin, cocaine, and crack cocaine base from co-defendant Troy Gillon for distribution to other dealers in the Lockport and Niagara Falls area.The defendant was intercepted, pursuant to court-authorized wiretaps, on his cellular telephone. Mitchell’s intercepted calls related to drug transactions, in which he arranged for sales of controlled substances and included discussions in which he discussed price, quantity, and location of sales. In addition, the defendant made several narcotic sales to an individual working with the Drug Enforcement Administration. Mitchell utilized a residence at 1154 LaSalle in Lockport to store the drugs he received from Troy Gillon for distribution.
Charges remain pending against Troy Gillon. 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; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.
Sentencing will be scheduled at a later date.
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Hogansburg Man Sentenced for Possession of Contraband CigarettesRead 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 Ian Tarbell, 46, of Hogansburg, NY, who was convicted of possession of contraband cigarettes, was sentenced to 15 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant was arrested on February 18, 2016, in Pembroke, NY, following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was driving a truck that was pulling a trailer loaded with untaxed and unstamped cigarettes. In total, the defendant was transporting more than 900,000 unstamped and untaxed cigarettes. The New York State and Federal taxes imposed on such cigarettes would have totaled more than $300,000.
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.; and the New York State Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.
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