Western District of New York
Press releases recorded for this federal judicial district.
14 Defendants Indicted in Jamestown Methamphetamine RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 42-count indictment charging 14 defendants with methamphetamine conspiracy. Named in the indictment are:
• 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. YancerThe charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. Some defendants are also facing other charges including: possession with intent to distribute, and distribution of, methamphetamine; using and maintaining a drug-involved premises; possession of firearms in furtherance of drug trafficking; and being a felon in possession of a firearm and ammunition.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the indictment and a previously filed complaint, the 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 defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendants Danny W. Michael III, Destiny J. Hare, Andrew C. Bennett, Searcy E. Fields, Michael A. Davis, Stacie N. Yancer, Ramael O. Fields, Jamell Trapp, and Zackiel Fields, Jr. are being detained. Defendants Marcus Martin Bowman, Ernest Cauley, Jr., Jacob A. Motherwell, Alexis V. Hall, and Stephanie Harrison were released on conditions.
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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Tonawanda Man Pleads Guilty to Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Patrick Washington, Jr., 34, of Buffalo, NY, pleaded guilty before Judge U.S. Magistrate Judge H. Kenneth Schroeder to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that beginning in March 2018, the Town of Tonawanda Police Department began investigating the narcotics distribution activities of the defendant. Investigators conducted three controlled purchases of suspected heroin from defendant between March and April of 2018. Laboratory testing confirmed the presence of butyryl fentanyl, buprenorphine, and butyryl fentanyl.
Subsequently, on May 2, 2018, the Drug Enforcement Administration executed a federal search warrant at Washington’s residence at 76 Bellah Place in Tonawanda, and recovered a quantity of a suspected controlled substance. Testing determined that the controlled substance was butyryl fentanyl.
The plea is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing will be scheduled at a later date.
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Schuele Boys Gang Drug Supplier Sentenced to over 10 Years in Federal PrisonRead 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 Julio Contreras, a/k/a Blue Demon, 34, of McAllen, Texas, who was convicted of racketeering conspiracy involving five kilograms or more of cocaine, and conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 121 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant was a main source of supply of cocaine for the Schuele Boys Gang in Buffalo. The gang operated in the Schuele Avenue area of the East Side of Buffalo and was responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana. Contreras was arrested in July 2015 at the Anzalduas Port of Entry in Mission, Texas as he attempted to return to the United States from Mexico.
Contreras supplied the Schuele Boys with upwards of $1,000,000 of cocaine on a monthly basis. In addition, the defendant purchased and built assault rifles in Texas that he then sold or traded to Mexican sources in connection with his cocaine trafficking. Contreras traveled to Buffalo on multiple occasions to meet with co-defendants Aaron Hicks and Letorrance Travis. On December 18, 2010, Hicks and the defendant were arrested by police outside a residence belonging to Travis on Courtland Avenue.
Contreras was one of 28 Schuele Boys Gang members, associates and other individuals arrested and convicted in this case.The sentencing is the culmination of an investigation by Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the New York State Police, under the direction of Major Edward Kennedy; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. Additional assistance was provided by the Erie County District Attorney’s Office, the Edinboro University Police Department in Pennsylvania, the West Tennessee Judicial Drug Task Force, the City of McAllen, Texas Police Department, HSI Harlingen, Texas, and the FBI offices in Houston, Texas and Jackson, Mississippi.
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Bailey Boys Gang Leader Sentenced to 40 Years in Federal Prison for His Involvement in 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 a Kenneth Pettway, Jr., 34, of Buffalo, NY, who was convicted by a federal jury of conspiracy to possess with intent to distribute, and to distribute, 280 grams or more of crack cocaine, and possession with intent to distribute heroin and cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm, was sentenced to serve 40 years in prison by U.S. District Judge Thomas J. McAvoy.
Assistant U.S. Attorneys Michael P. Felicetta and Seth T. Molisani, who handled the prosecution of the case, stated that the defendant was a leader of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. The gang is believed to be responsible for multiple acts of violence, including assaults, shootings, murders, and armed robberies.
As a leader of the Bailey Boys Gang, the defendant supplied illegal narcotics, including crack cocaine, heroin and marijuana, to members and associates of the gang for further distribution in the City of Buffalo. Pettway also provided multiple firearms to members and associates to be used for protection of gang territory, drugs and drug proceeds.
The evidence presented by the government during trial included a rap video entitled “Picked up in a Raid,” which the defendant created and posted to his You Tube account. The video, which purports to be based on a true story, contains images and lyrics related to the defendant’s drug distribution, the silencing of snitches, and the execution of a search warrant by law enforcement officers.
On January 18, 2012, a search warrant was executed at the residence of Demetrius Black residence on Roosevelt Avenue. Officers seized two firearms, heroin, cocaine, marijuana, scales, baggies, and other drug paraphernalia.
“Those who sell drugs and participate in violence on the streets of Buffalo should be on notice that my Office, with our federal, state, and local partners, are doubling down,” said U.S. Attorney Kennedy. “Last Friday, this defendant’s younger brother, Collins, was convicted of drug charges following a trial in a separate case in federal court. Kenneth has now learned that the next 40 years of his life will be spent in federal prison. Young men such as the Pettways, who insist on breaking the law, need to recognize that by engaging in this sort of criminal behavior, you are not only destroying your community, you are destroying your own families, and your own lives.”
Pettway is one of 15 Bailey Boys Gang leaders, members, and associates charged in this case. To date, 14 have been convicted.
Kenneth Pettway’s sentencing is the result of an ongoing investigation into the activities of the Bailey Boys Gang and other criminal gangs that is being conducted by the United States Attorney’s office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney John J. Flynn; and in conjunction with the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood; the Federal Bureau of Investigation Safe Streets Task Force, under the Direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.# # # #
Six Defendants Arrested in A Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging six defendants with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. Named in the indictment are Eduardo Enrique Valdez, Edgar Pavia, Adrian Goudelock, a/k/a AD, a/k/a Ace, a/k/a Ace Boogs, Eric Young, Lance Parker, and Jai Hunter. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, an investigation began following the seizure of approximately 10 kilograms of cocaine and $259,960 in U.S. currency. On October 3, 2017, defendants Valdez, Pavia, and Goudelock met in Cleveland, OH, prior to the shipment of a bulk quantity of cocaine from El Paso, Texas, to Buffalo, NY. On October 19, 2017, Homeland Security Investigations Special Agents conducted a controlled delivery of 10 sham bricks of cocaine in Pembroke, NY, which resulted in the federal arrest of defendant Valdez.
In July 2018, investigators intercepted wire and electronic communications between defendants Pavia and Goudelock through court-authorized wiretaps. Intercepted calls and messages revealed that a bulk shipment of cocaine was to be imminently delivered to Goudelock in the Buffalo area. Goudelock was also expected to provide bulk drug proceeds. In a conversation on July 25, 2018, Pavia informed Goudelock that he would be receiving 17 kilograms of cocaine.
That same day, law enforcement officers seized approximately 17 kilograms of cocaine from defendant Lance Parker during the execution of a search warrant. Law enforcement officers also searched a tractor trailer, driven by defendant Young, located on Slade Avenue in West Seneca, NY and recovered 52 shrink-wrapped and taped bundles of currency, predominantly in $10,000 bundles. In total, $519,580 in U.S. currency was seized from a bag. Officers also located a hidden compartment in the rear wall of the sleeper area of the tractor cab and recovered three plastic wrapped packages of bulk US currency totaling over $145,000.
In September 2018, investigators intercepted another series of wire and electronic communications between defendants Pavia and Goudelock discussing the shipment of another 20 kilograms of cocaine, which led to their arrests.
Today’s superseding indictment 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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard.
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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Restaurant Owner Pleads Guilty to Tax Evasion and Employing Illegal AliensRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Sergio Ramses Mucino, 44, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to tax evasion and conspiracy to unlawfully employ more than ten aliens during any 12-month period. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant owned and operated multiple restaurants in the Western New York area, including: Don Tequila, located at 73 Allen Street, Buffalo; El Agave located at 3870 Union Road, Cheektowaga, NY; Agave, located at 765 Elmwood Avenue, Buffalo; and La Divina, located at 2896 Delaware Avenue, Kenmore, NY.
For the tax years 2013, 2014, and 2015, Mucino owed substantial federal income tax as a result of income generated at the his restaurants through his employment of illegal aliens. However, the defendant concealed cash payments, failed to collect payroll taxes, paid employees with cash, and placed assets in the names of others, to evade payment of income taxes totaling $1,006,161.
Between March of 2014 and October 16, 2016, Mucino, along with co-defendants Jose Sanchez-Ocampo and Marguin Sanchez, conspired to hire at least 10 illegal aliens to work in the defendant’s restaurants. In furtherance of the conspiracy, Mucino provided money to Sanchez to purchase homes where the alien employees would live, including 149 North End in Kenmore, and 4024 Union Road in Cheektowaga. The defendant also paid rent for nine apartments where the alien employees lived. The two houses and nine apartments were within close proximity to the defendant’s restaurants.
Today’s plea also requires Mucino to forfeit nearly $40,000 in cash that was seized from his restaurants, a 2009 Porsche Boxster that the defendant purchased with his illegal profits, and another $1,000,000 representing additional profits made from operating the restaurants against the laws of the United States. Previously, another $35,000 in cash was forfeited by managers of Mucino’s restaurants and the two houses, which housed some of the illegal workers.
“As with the Internal Revenue Code, compliance with the immigration law is not an optional endeavor,” noted U.S. Attorney Kennedy. “My Office will continue vigorously to enforce the law where, as here, individuals seek to evade their legal obligations in order to elevate their financial aspirations.”
“Criminal charges and fines are among the useful tools to ensure employers maintain a legal workforce,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This guilty plea represents HSI's firm commitment to holding employers accountable, and the serious consequences that await those who ignore the law.”
Jose Sanchez-Ocampo and Marguin Sanchez were previously convicted.
Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly, 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 Convicted Following Jury Trial of Selling Cocaine and Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Collins Pettway, 32, of Buffalo, NY, guilty of conspiracy to distribute 500 grams or more of cocaine, and 28 grams or more of crack cocaine, possession and distribution of cocaine and crack cocaine, and maintaining a drug involved premises. 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. Attorneys Charles J Volkert, Jr. and Maura K. O’Donnell, who handled the prosecution of the case at trial, stated that between February 2015 and March 7, 2015, the defendant conspired with others to distribute cocaine and crack cocaine in the City of Buffalo. Pettway used a residence on Eggert Road in Buffalo to store the cocaine and crack cocaine. During the course of the investigation, law enforcement officers conducted five controlled purchases from the defendant. The jury acquitted defendant’s brother, Michael Pettway, who had also been charged.
Today’s verdict 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.
Sentencing will be scheduled at a later date.
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Arizona Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Todd Sinclair, 50, of Cape Creek, AZ, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 12 months and a day in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between November 1, 2015, and January 8, 2016, the defendant was unlawfully using heroin. During that time, Sinclair, an employee of the Federal Bureau of Investigation, possessed a Glock handgun. The defendant was subsequently terminated by the FBI.
Today’s sentencing is the result of an investigation by the Department of Justice Office of the Inspector General, under the direction of Special Agent-in-Charge Guido Modano, New York Field Office.
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10 Defendants Indicted for Gun TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Titus Thompson, Jr., 33, of Buffalo, NY, Deonte “Terry” Cooper, 23, Ricky Turner, 48, Argentis Albino Herrera, 24, Diones Bowens, 22, Shane Shumaker, 31, Victoria Orlando, 36, Vicky Hoffstetter, 37, Koree Runyan, 24, and Jenna Ann Redding, 31, all of Ashtabula, Ohio, with conspiracy to commit firearms offenses. The charge carries a maximum penalty of five years in prison. In addition, defendant Thompson was charged with unlawfully dealing in firearms, being a felon in possession of firearms and ammunition, using and maintaining a drug-involved premises, and possession of firearms in furtherance of drug trafficking, which carry a mandatory minimum penalty of five years in prison and a maximum of 20 years.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, on May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which are utilized by Titus Thompson. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment. Thompson has two previous felony convictions. As a result, the defendant is legally prohibited from possessing firearms.
Titus’s arrest was the result of an ongoing investigation into the trafficking of firearms from the State of Ohio to Buffalo. Between November 2017 and May 2018, the defendants were involved in the purchase in Ohio and transport to Buffalo of 100 firearms. 10 of those firearms have been recovered in Buffalo, and another firearm was recovered in Youngstown, Ohio.
In connection with the purchase of these firearms, defendants Cooper, Turner, Herrera, Bowens, Shumaker, Orlando, Hofstetter, Runyan, and Redding falsely represented on an ATF Form 4473 that they were the actual purchaser of the firearm, when, in fact, the defendants purchased the firearms for Ricky Turner and Robert L. Williams, Jr., who has also been indicted in connection with this case.
Defendant Thompson is also accused of selling the illegally purchased firearms.
The superseding indictment is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Seneca Falls Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Matthew A. Urquhart, 32, of Seneca Falls, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, FBI Special Agents identified the defendant actively trading child pornography from a trailer residence in Seneca Falls. Subsequently, agents, with assistance from the Seneca Falls Police Department and Seneca County Sheriff’s Office, searched two residences that Urquhart occupied during the period in question. Digital items belonging to Urquhart were seized. A forensic analysis determined that the defendant possessed multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors.
The defendant made an initial appearance before U.S. Magistrate Marian W. Payson and was released on conditions.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Seneca Falls Police Department, under the direction of Stuart W. Peenstra, and the Seneca County Sheriff’s Office, under the direction of Sheriff W. Timothy Luce.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Felon Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Williams, 49, of Rochester, NY, who was convicted of possession with intent to distribute cocaine, and being a felon in possession of a firearm and ammunition, was sentenced to serve 65 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that on March 2, 2017, in the area of Sullivan Street in Rochester, the defendant possessed over 300 “dime” bags of cocaine with the intent to distribute them to others. Williams also possessed a .357 Magnum caliber revolver. The defendant was previously convicted of three felony charges and is legally prohibited from possessing firearms and ammunition.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Dansville Man Sentenced for His Role in Methamphetamine 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 Donald McKinney, 53, of Dansville, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of actual methamphetamine, was sentenced to serve 120 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that between January 2017 and April 25, 2017, the defendant conspired with others to ship high purity crystal methamphetamine from suppliers in California into Dansville, NY, where it was then distributed. McKinney regularly communicated with co-conspirators, Thomas Williams and Julie Cota, in California, and arranged for them to ship quantities of crystal methamphetamine to him in Dansville, via parcel service. The defendant paid Williams and Cota $1,000 per ounce and then sold the crystal methamphetamine to another co-conspirator, Kurt Redance, for $1,400 an ounce. In turn, Redance distributed the crystal methamphetamine to others, including sales at The Boneyard, an auto salvage business in Dansville.
McKinney is one of seven defendants charged in this methamphetamine conspiracy. All seven have been convicted.
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; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton.
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Buffalo Man Sentenced for Selling Thousands of Bags of 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 Emmanuel Lopez, 27, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, 100 grams or more of heroin, was sentenced to 63 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2016 and December 5, 2017, the defendant sold heroin and fentanyl in the Buffalo area. In October 2017, the ICE-HSI Border Enforcement Security Team (BEST) conducted two controlled purchases from Lopez. During the buys, the defendant turned over 52 small yellow bags, which later tested positive for heroin, fentanyl, and tramadol.
At other times in October and November 2017, HSI agents observed Lopez engage in hand-to-hand transactions with suspected heroin customers. On at least one occasion, one of the customers was stopped by law enforcement and found to be in possession of suspected heroin. During a subsequent interview, the customer admitted to buying heroin from the defendant and the customer’s phone contained the defendant’s cell phone number.
Lopez was arrested on December 5, 2017. HSI agents then executed a federal search warrant at the defendant’s residence on Riverside Avenue in Buffalo. At the time of Lopez’s arrest, agents found $2,556 in cash in the pocket of the defendant’s sweatshirt, and his cellular telephone.A subsequent search of the defendant’s cellular telephone established that during the latter part of 2017, Lopez sold approximately 6,022 bags of heroin.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Border Enforcement Security Team, under the direction of Special Agent-in-Charge Kevin Kelly.
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Batavia Man Charged with Stealing More Than A Dozen Firearms from A Gun Store in Bergen, NYRead 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 Morgan R. Coles, 20, of Batavia, NY, was charged by criminal complaint with stealing from a federal firearm licensee, and possession of a defaced firearm. The charges carry a maximum penalty of 10 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 September 26, 2018, the defendant forcibly entered The Firing Pin, a Federal Firearms Licensee located at 8240 Buffalo Road in Bergen, NY. Coles made entry through a gable vent located on the roof of the building.
On September 27, 2018, an ATF Special Agent reviewed video surveillance, provided by the owner, of the break in. The video shows the defendant entering the retail portion of The Firing Pin from the range area, and is seen removing 14 firearms from the shelf and appears to place them into a bag. The video also shows Coles using a light, possibly from a cell phone, to navigate around the retail area. The surveillance video shows the defendant exiting the store through the range area.
On October 3, 2018, the Genesee County Sheriff’s Office obtained a search warrant for the residence of Coles on Jackson Street in Batavia, as well as another residence and a vehicle associated with the defendant. During the execution of search warrants, officers located 15 handguns at Coles's residence. Fourteen of the handguns had obliterated serial numbers. According to the complaint, the handguns found at the defendant's residence appear to match the descriptions of the handguns stolen from The Firing Pin.
Coles was arrested and charged in City Court of Batavia in Genesee County with Criminal Possession of a Weapon in the First Degree, a Class B felony.The defendant will make an initial appearance on October 17, 2018, before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the result of an investigation by the Genesee County Sheriff's Office, under the direction of Sheriff William A. Sheron, Jr., and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #Local Assemblyman 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 New York State Assemblyman Joseph A. Errigo, 79, of Conesus, NY, was 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, after receiving information regarding an unusually close relationship between a member of the New York State Assembly (Member A), a member other than Errigo, and a lobbyist, the FBI began investigating that relationship, to include a specific bribery scheme. The purpose of the proposed bribe was to induce Member A to introduce certain legislation.
The legislation at issue involved reducing the extent of local control over a pending development project in the Rochester area, and giving the state the ability to review the development project with the New York State Department of Transportation. The scheme initially included the person offering to pay the bribe (bribe payor), a registered New York State lobbyist (lobbyist), and Member A.
On September 4, 2017, the bribe payor and lobbyist met to discuss paying Member A money in exchange for legislation aimed at altering the proposed development project. During the conversation, the lobbyist suggested utilizing Errigo to introduce the legislation, so that the bill could not be traced to Member A. Member A, however, would assist in getting the legislation through a specific committee, according to the lobbyist.
On September 8, 2017, the bribe payor and lobbyist met once again. The bribe payor stated that he would have cash in the next week or so to give to the lobbyist and Member A. The lobbyist confirmed that he would accept the money and that the bill would be introduced within a month.On September 26, 2017, the bribe payor met the lobbyist at a public location and handed the lobbyist two envelopes, each containing $1,500. The lobbyist stated he would use the money to “grease the skids with Errigo.”
From October to December 2017, the bribe payor and lobbyist exchanged numerous text messages about arranging a meeting to pay Errigo to introduce the proposed legislation
The lobbyist scheduled a meeting between the bribe payor and Errigo on February 9, 2018, at the Assemblyman’s office in Pittsford, NY. At some point during the meeting, Errigo and the bribe payor exited the office together and walked to Errigo’s car, where the bribe payor placed an envelope on the front passenger seat. Subsequently, the lobbyist also arrived at Errigo’s office. The FBI has determined that the envelope contained $1,500 in cash. Also on February 9, 2018, the bribe payor emailed the lobbyist specific language for the proposed legislation that Errigo was going to introduce. On March 16, 2018, the bribe payor met with Errigo and provided him another payment of $2,000.
On March 27, 2018, Errigo introduced a bill consisting of the proposed legislation. Also on March 27, 2018, the bribe payor met with the lobbyist and paid him for his help in getting the legislation introduced. The FBI determined that the payment consisted of $2,000 in cash.
On April 13, 2018, the bribe payor met with Errigo and paid him $2,000 in cash for obtaining a bill number for the proposed legislation.
The bribe payor paid a total of at least $10,500 to Errigo and the lobbyist to assign a bill number to a proposed bill, and thereby introduce legislation and begin the process of obtaining passage of a State law. Errigo accepted a total of $5,500.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #Former Erie County Democratic Party Chair Pleads Guilty to Conspiracy to Cause Foreign Campaign DonationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – A former Erie County, New York Democratic party chair pleaded guilty today to conspiring to illegally cause a $25,000 campaign donation from a foreign source to a New York state official running for reelection.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.
G. Steven Pigeon, 58, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to an information charging him with conspiracy to cause a foreign donation in a state election in violation of federal law. Sentencing was set for January 25, 2019, at 1:00 p.m.
As part of his plea, Pigeon admitted that while working as a political consultant and lobbyist in Buffalo, he represented a foreign client, Company A. At the time, the CEO of Company A was Person A, a Canadian citizen. In early 2014, despite knowing that it was illegal to make a foreign donation to a state political campaign, Pigeon solicited Person A to make a $25,000 donation to the reelection campaign of a New York state elected official, Public Official A. The campaign rejected the donation from Person A because Person A was not a citizen or permanent legal resident of the United States. Pigeon and Person A then agreed to cause the donation from Person A to be made through Person B, a permanent legal resident of the United States and an employee of Company A. On or about February 24, 2014, as directed by Person A, Person B made a $25,000 donation to Public Official A’s campaign. Pigeon and Person A knew that Person A would pay for, or reimburse, the donation. As a result of the $25,000 donation, Pigeon and Person A were granted entry to a fundraising event for Public Official A in New York City on February 26, 2014.
“Steven Pigeon undermined the transparency and integrity of the electoral process by funneling foreign money into a campaign,” said Assistant Attorney General Benczkowski. “The Criminal Division and our law enforcement partners are committed to protecting our electoral process and we will aggressively pursue those who seek to circumvent our campaign finance laws.”
“Transparency in political activity, including the disclosure of the sources of political contributions, is a necessary check on the power of money and a necessary ingredient for a healthy democracy,” said U.S. Attorney Kennedy. “Schemes such as this, which introduce obfuscation and secrecy into the political process, threaten our very democracy by endeavoring to use anonymity as a means of eliminating accountability.”
The plea is the result of an investigation by the FBI Buffalo Field Office, under the direction of Special Agent in Charge Gary Loeffert; the New York State Attorney General’s Office, under the direction of Barbara Underwood; and the New York State Police, under the direction of Major Edward Kennedy. The case is being prosecuted by Deputy Chief John Keller of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Paul E. Bonanno of the Western District of New York.
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Buffalo Man Sentenced for Running A Fraudulent Debt Collection SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Sylvia, 35, of Buffalo, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 62 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $283,851.53 in restitution to victims.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that the defendant organized a scheme fraudulently to collect on non-existent debts and over-collect on debts that had been paid-in-full. Sylvia, or other individuals he managed, contacted eight victims via telephone purporting to be from organizations which included: American Mutual Holdings (AMH); Check Systems, LLC; Interstate Recovery Solutions; Apex Resolution Group; Interstate Check Registry; Miller and Flemming and Associates (MFA); Pasquale and Associates LLC; Checking Solutions; or Aries Resolution Group.
The defendant and others used strong-arm tactics including threats of arrest, jail, and lawsuits to convince victims to make payments toward what they were told were outstanding debts. Victims were directed to transfer money via MoneyGram and Western Union and to wire funds into bank accounts controlled by the defendant or his associates. Merchant accounts were established with two merchant processing companies in order to process credit card payments made by victims. In creating those merchant accounts, Sylvia and others made false representations to the payment processing companies claiming that the business entities they operated were engaging in legal services, investment services, and software sales. The payment processing companies suffered losses as a result of chargebacks of payments as a result of unauthorized and fraudulent charges.
Between May 2013 and August 2017, Sylvia and his associates fraudulently obtained a total of $342,303.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Kenmore Police Chief Arrested, Charged with Possession of HydrocodoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Peter Breitnauer, of Kenmore, NY, was arrested and charged by criminal complaint with possession of hydrocodone. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
According to the complaint, on October 5, 2018, FBI Special Agents asked the defendant about allegations that he had been diverting prescription pills from the NYS Medication Drop Box located at the Kenmore Police Station. Breitnauer admitted that he is addicted to hydrocodone, a Schedule II controlled substance, and had been taking hydrocodones from the box for his personal use. The defendant guided agents to a closet in his office, where he had stashed more than 100 hydrocodone pills that he had diverted from the drop box.
“It’s a sad day,” stated U.S. Attorney Kennedy. “Chief Breitenauer has enjoyed a long and distinguished career as a respected member of Western New York’s law enforcement community. Today’s events certainly do not erase all the good that the Chief has done during his tenure. Rather, they highlight the devastating and destructive power of opioids and underscore the fact that anyone can become ensnared in their allure. There is absolutely no evidence suggesting that the Chief ever distributed any of the drugs he is alleged to have diverted.”
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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California Man Pleads Guilty to Selling MethamphetamineRead 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 James H. Bess, Jr., 63, of Apple Valley, CA, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute of five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on October 2, 2016, law enforcement officers conducted a controlled purchase with the defendant. During the buy, which took place inside Bess’s vehicle, the defendant sold a quantity of methamphetamine to another individual in exchange for $800 cash. Bess was arrested at that time.
During a search of the defendant’s vehicle, officers recovered three bags of methamphetamine. Officers also searched a room at the Red Roof Inn in the Town of Ellicott, which Bess had previously rented. During that search, officers recovered two additional bags of methamphetamine.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing will be scheduled at a later date.
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Buffalo Man Sentenced for Beating A WitnessRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric Taylor, 35, of Buffalo, NY, who was convicted of conspiring to retaliate against a witness, and retaliating against a witness, was sentenced to serve 48 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on October 11, 2014, the defendant approached the victim at a convenience store in Lackawanna and told the victim that Reuben Fears, a co-defendant in the Project Boys drug case, wanted to see the victim at the Gates Housing Project in Lackawanna. As the victim followed Taylor to the location, Taylor gave a verbal signal to co-defendant Sharon Thompson by singing a rap song. Sharon Thompson then jumped out from behind a dumpster and assaulted the victim by punching the victim in the back of the head knocking the victim down to the concrete. Taylor then joined in the assault and struck the victim on the other side of the head. The victim lost consciousness, had swelling and contusions on the head and neck area, and required stitches.
Taylor and Thompson attacked the victim following the arrest of Laron Thompson, another co-defendant in the Project Boys drug case, on a drug charge the day before on October 10, 2014. The Project Boys blamed the victim for that arrest. Eric
Taylor and Sharon Thompson planned a retaliation and Taylor took the victim’s cell phone while the victim was unconscious to check for evidence of cooperation with law enforcement officers.
Reuben Fears, Laron Thompson, Sharon Thompson, and 17 others were indicted in December 2014 for engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority. Laron Thompson and Sharon Thompson were previously convicted. Laron Thompson is awaiting sentencing, Sharon Thompson was previously sentenced to serve 24 months in prison. Charges are pending against Reuben Fears. 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.
Taylor’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lackawanna Police Department, under the direction of Chief James Michel.
# # # #Attorney General Sessions and U.S. Attorney Kennedy Announce Progress in Making Our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. -- One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Throughout the past year, the United States Attorneys Office and our federal partners have teamed up with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“Here in Western New York, our PSN initiative has focused on the most violent areas within our largest population centers—the Cities of Buffalo, Rochester, and Niagara Falls,” stated U.S. Attorney Kennedy. “In each instance, we have sought to tailor the programs to the needs of the communities. While the PSN Programs in Rochester and Niagara Falls have existed for some time—in the form of Project Exile in Rochester, which this year celebrates its 20th Anniversary and is the longest running program of its kind in the country, and in the form of a dispute resolution project in Niagara Falls—the PSN program in Buffalo is new this year.”
Working collaboratively with our partners at the federal, state and local levels, we have identified the “C” and “E” Police Districts in the City of Buffalo as neighborhoods with higher incidents of violent crime. As a result, those Police Districts have been established as Project Safe Neighborhood areas of focus. Working closely with Erie County District Attorney John Flynn and Buffalo Police Commissioner Byron Lockwood, we have developed a process to identify potential federal cases involving firearms, including illegal possession and shootings. In addition, our Assistant United States Attorneys have conducted training of BPD Officers in those Districts regarding the enforcement and prosecution of federal gun crimes.
In the near future, we hope, working with the Buffalo Police Department, and all our partners, to start up a joint federal, state, and local non-fatal shooting task force to focus on violent gun crime in those target areas. Our goal is to identify defendants in non-fatal shooting crimes and remove them from the streets in order to prevent shooting fatalities in the future. By providing such assistance it is anticipated that the solve rates in all shootings, both fatal and non-fatal with be increased.
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
• On September 7, 2018, Thamud Eldridge, 44, a/k/a Damu, of Buffalo, NY, who was convicted following a seven-week jury trial of multiple RICO, drug, and gun charges, was sentenced to serve 50 years in prison. The defendant was a member of a gang that specialized in targeting and then robbing drug dealers in and around the City of Buffalo, intending to steal their illegal drugs, money, and jewelry. Read more at: https://www.justice.gov/usao-wdny/pr/buffalo-man-sentenced-50-years-federal-prison-following-rico-conviction.
• On August 30, 2018, 12 members/associates of the CBL/BFL gang were indicted and charged with crimes which included: murder and assault in aid of racketeering, racketeering and narcotics conspiracy, and gun possession. Read more at: https://www.justice.gov/usao-wdny/pr/12-membersassociates-cblbfl-gang-indicted-charged-murder-and-assault-aid-racketeering.
• On December 20, 2017, Roderick Arrington, a/k/a Ra-Ra, 37, of Buffalo, NY, who was convicted following a jury trial of racketeering conspiracy, murder-in-aid-of-racketeering, and related charges, was sentenced consecutive sentences of life in prison. The defendant, a Schuele Boys Gang member, was also sentenced to 30 years in prison on two other firearm charges. Read more at: https://www.justice.gov/usao-wdny/pr/schuele-shooter-sentenced-life-prison.
• On August 29, 2017, Christian O. Dalmau, 31, of Bronx, NY, who was convicted of possession of a firearm by an unlawful user of a controlled substance, was sentenced to 120 months in prison. Subsequently, on May 16, 2018, Dalmau was indicted by the Eastern District of New York on multiple charges including use of firearms in connection with a drug trafficking crime, murder while engaged in narcotics trafficking offense, and causing death through use of a firearm. Read more at: https://www.justice.gov/usao-wdny/pr/bronx-man-sentenced-gun-charge.
Community Partnerships
• On September 19, 2018, U.S. Attorney Kennedy, DA Flynn, BPD Commissioner Lockwood and local elected officials met with the Concerned Clergy Coalition of Western New York to discuss recent violence in the city and what local clergy members can do to assist. Clergy members pledged to deliver to their congregations the message of how important it is, if they are truly interested in breaking the cycle of violence in their community, to stand up, come-forward, cooperate with law enforcement, and report criminal conduct. Moreover, the clergy agreed to raise funding for witness protection. Attendees also agreed to meet on a regular basis to continue the dialogue.
• On August 8, 2018, at the request of City of Buffalo officials, U.S. Attorney Kennedy gathered agency heads from a variety of federal law enforcement agencies, including the FBI, DEA, ATF, and HSI, to meet with Buffalo Police Commissioner Lockwood and Buffalo Mayor Byron Brown to discuss how federal law enforcement can help to reduce the violence that occurred in the City of Buffalo over the summer. The leaders strategized efforts to address the violence and encourage more cooperation from the public in solving the most violent of crimes.
• On March 15, 2018, U.S. Attorney Kennedy led the annual notification session in partnership with the Buffalo Police Department. Such sessions, in an effort to reduce recidivism, bring together members of federal and local law enforcement agencies, parole and probation, and clergy and community leaders, to share a message of encouragement and hope with a group defendants recently placed on probation or parole.
• U.S. Attorney Kennedy regularly participates in the Justice Report, a 30-minute program on Buffalo Public Access Television that highlights the workings of the U.S. Attorney’s Office. The goal is to create awareness and educate the public about the work done by the USAO and the ways in which community members can assist in those efforts.
Improvements to Community SafetyBoth nationally and locally, these efforts are producing results.
Nationally, the FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
Locally, the most recent statistics from the Erie Crime Analysis Center show that across the City of Buffalo violent crimes such as rape, robbery, and assault, were down 10.3% last year compared to the average of the previous five years. Moreover, within the designated PSN area (C and E Districts), firearm crimes were down 18.6% last year compared to the average of the previous five years, while illegal gun arrests in that same area were up 12.6% last year compared to previous year.
“If you think about gun violence, every gun crime really has 2 basic components: (1) an available gun; and (2) someone with the will to use it to shoot someone else,” added U.S. Attorney Kennedy. “With the latest estimates putting the number of guns in the United States at anywhere from 270 million to 310 million—a gun for nearly every man, woman, and child in our country—the simple truth is that regardless of how you may feel about gun control and the 2nd Amendment, guns are, and will remain, ubiquitous in American society. With a ready supply of available guns, then the only realistic way to reduce gun violence is to reduce the number of people who are doing violence with guns. That is, if we want to get rid of gun violence, we’ve got to get rid of the people who are willing to do violence with guns. One way to get rid of them is to arrest them and incarcerate them. That is our traditional role as prosecutors and law enforcers; we hold people accountable for their actions. The other way to get rid of people who are willing to do violence with guns is to change them. While accountability may be one way to change people, by sending the message of deterrence that certain consequences (incarceration) will flow from the commission of a certain action (using a gun for violence), it is not the only way. The community, and everyone in it, must also do our part to try to change the hearts and minds of those who might be inclined to use guns for criminal purposes—to show them a better way. In our District, we have designed our PSN initiative to employ both of these methods to ‘get rid of’ those who are willing to do violence with guns.”
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Postal Contractors Charged with Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chansen R. Diaz, 30, Cordell L. James, 28, and Michael R. Harris, 31, all of Rochester, NY, were arrested and charged by criminal complaint with conspiracy and theft of mail. The charges carry a maximum penalty of five years in federal prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, defendants Diaz and James were employed by a terminal handling services contractor to the United States Postal Service, located at the Rochester Airport. The contractor was responsible for receiving and loading U.S. Mail onto airplanes for further delivery. While on the job, Diaz and James stole mail entrusted to the care of their employer, including numerous gift cards and credit cards. The complaint states that Diaz was observed rifling and opening mail, while James acted as his “look out.” The scheme began in approximately August 2018.
James resided with defendant Harris in Rochester. Records obtained from online retailers showed that Harris ordered multiple items from online accounts in his name, and that those items were delivered to Harris and James at their residence. In addition, video surveillance obtained from local retailers showed Diaz and Harris shopping together and making purchases using stolen gift and credit cards.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and were released pending further proceedings.
If you believe you have been a victim of mail theft, please contact the U.S. Postal Service. Office of Inspector General (USPS OIG), at www.uspsoig.gov or 888-USPS-OIG.
The criminal complaint is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph Cronin, Boston Division, and the New York State Police, under the direction of Major Eric Laughton.
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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Jamaican National Sentenced for Drug Trafficking and BriberyRead 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 Damion Christopher Alexander Brown, 43, a Jamaican national residing in Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, and bribery of a public official, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny.
Special Assistant U.S. Attorney Jeremy Murray and Assistant U.S. Attorneys Paul Bonanno and Wei Xiang, who handled the case, stated that over a nine-month period between 2012 and 2013, Brown trafficked 100 kilograms or more of marijuana and bribed a United States Postal Service (USPS) carrier to deliver U.S. priority mail parcels filled with marijuana. The defendant paid the postal carrier to provide addresses of unsuspecting citizens, who lived along the carrier’s route in Buffalo, to which parcels filled with marijuana could be mailed. When the boxes arrived in Buffalo, the postal carrier did not deliver them to the listed recipient address, but instead, held on to the boxes and handed them directly to Brown in exchange for cash payments.
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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division; the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Kenneth G. Cleevely; and the Amherst Police Department, under the direction of Chief John Askey.
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Father Admits to Assisting Son with 17 RobberiesRead 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 Duane Loyd, 47, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to bank robbery and brandishing a firearm. The charges carry a mandatory minimum penalty of seven years, in prison, a maximum penalty of life, and a $250,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that Loyd robbed the Key Bank located at 4248 Delaware Avenue in the Town of Tonawanda on December 7, 2015. In a rental car, the defendant drove his son Brandon, who was 19-years-old at the time, to the bank and provided him with a respirator mask and a firearm to commit the crime. Brandon Loyd pointed the firearm at the tellers and several bank customers before fleeing with money in his father’s waiting vehicle. Officers from the City of Tonawanda and the Town of Tonawanda Police Departments pursued the fleeing vehicle and tackled the defendant and his son after they crashed the rental car. Officers recovered the loaded firearm, a 9mm pistol, and the money stolen from the bank.
Following their arrest, Town of Tonawanda police officers and FBI and agents uncovered 16 additional robberies at local stores that the father and son committed prior to the bank robbery. In each of the robberies, the defendant drove the getaway car while his son entered the store and robbed the clerks of cash. Surveillance images assisted law enforcement with solving the previous robberies.
A total of approximately $4,500 was stolen during the course of the 16 robberies which occurred between November 22, 2015, and December 7, 2015, prior to the Key Bank robbery. In eight of those robberies, Brandon Loyd displayed a firearm to intimidate the clerk into handing over the cash. Duane Loyd also admitted his role in the 16 robberies.
Brandon Loyd was previously convicted and is scheduled to be sentenced on November 8, 2018, at 12:30 p.m. before Judge Arcara.
Duane Loyd’s plea is the result of an investigation by Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold, III; the City of Tonawanda Police Department, under the direction of Chief William Strassburg; the Town of Amherst Police Department, under the direction of Chief John Askey; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Village of Kenmore Police Department, under the direction of Chief Peter Breitnauer; the Town of West Seneca Police Department, under the direction of Chief Daniel Denz; the City of Lackawanna Police Department, under the direction of Chief James Michel; the Town of Cheektowaga Police Department, under the direction of Chief David Zack; and the Erie County Crime Analysis Center.
Duane Loyd is scheduled to be sentenced on January 25, 2019, at 12:30 p.m. before Judge Arcara.
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Buffalo Man Pleads Guilty to Cyberstalking the Mother of His ChildrenRead 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 Bieniek, 45, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to cyberstalking. The charge carries a minimum penalty of one year in prison, a maximum of five years, and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the defendant and Victim 1 were once partners and had children together. On April 25, 2017, Victim 1 received an order of protection against Bieniek, prohibiting the defendant from communication with Victim 1, except as permitted by order of a family or supreme court.
Between January 25, 2018, and February 19, 2018, Bieniek resided in North Richland Hills, Texas, while Victim 1 resided in Erie County, NY. In violation of the order of protection during this period, the defendant sent several hundred electronic messages to Victim 1 with the intent to kill, injure, harass, intimidate, or cause substantial emotional distress to Victim 1 or to place Victim 1 in reasonable fear of the death of or serious injury to herself or her partner, Victim 2. Among the messages:
• “I got [Victim 2]..” “I may spend the rest of my life in prison. But it’ll be worth it…I can’t wait to see him…Texas has lots and lots of pawnshops”
• “Hi [Victim 2]! Looking forward to meeting you…My brother killed someone…so can I (expletive)”
• “I like the pictures you posted. I’m coming fir you [Victim 2]. Now I know exactly what you look like. I’ll see you soon.” “(Expletives) I’m going to murder your boyfriend while you watch.”
• Images of the defendant holding an object resembling a black pistol along with the message, “It’s time [Victim 1]. I’m going to let you make the decision.”
• Photos of the outside of Victim 1’s place of employment with the message, “I’m wondering…Are you planning on coming out?”
• “I am here and I will get you. Maybe tonight I’ll just torch the place or ill wait to see the looks on your faces.”
• “see i paid a lot to put this whole plan together and i sawed off the end of my attitude adjuster. i have patience. be sure to look over your shoulder mother fucker because there will be dead bodies when I’m thru. Starting with your face getting a few slugs.”
• “I have nothing left [Victim 1]. You took it all. Idc what i have to do. You will hear my cries.” “I have two things i must do. Get you. No matter what. Then get myself.”
• “I know that you are alone and scared up there.”
• “I can feel the the hate for me. I can smell your feae.” “Fear.”
• “[Victim 2] you and [Victim 1] are going to die”, “Tomorrow”, “I promise you this sir”, “You are both dead”
• I SWEAR ON MY MOTHER CAROLS LAST BREATH IF SHE WERE TO ASK ME HER LAST DYING WISH TO NOT DO ANYTHING TO HURT OR SCARE YOU...LIKE SHE HAS BEFORE BUT YOU DONT CARE. IF SHE ASKED ME FOR THAT ONE LAST WISH BEFORE SHE TOOK HER LAST BREATH I'D LOOK HER IN HER EYES AND TELL HER I CANNOT CAN NOT GIVE YOU THIS WISH.The defendant has a history of domestic violence-related conduct towards Victim 1. On December 17, 2011, he was arrested for assaulting, including choking and kicking, Victim 1 with intent to cause physical injury. As a result, Victim 1 feared death or serious injury to herself and Victim 2 and suffered substantial emotional distress.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, with assistance from the FBI in Fort Worth, Texas.
Sentencing is scheduled for January 28, 2019, at 12:30 p.m. before Judge Arcara.
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Department of Justice Announces More Than $70 Million to Support School Safety and $64 Million to Improve State Criminal Records SystemsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. joined the Department of Justice in announcing more than $70,000,000 in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident, including $500,000 for Erie 2-Chautauqua-Cattaraugus BOCES, $215,383 for Niagara County, and $150,000 for Wayne County in the Western District of New York.
These grants are in addition to the funding to the National Association of School Resource Officers (NASRO), announced by Attorney General Sessions last week, to expand and update their curriculum to better support training programs. These grants combined will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64,000,000 to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.
“President Trump and his administration will ensure the safety of every American school," Attorney General Jeff Sessions said. "Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70,000,000 in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind.”
“With this announcement providing our District more than $865,000, the Department of Justice is doing more than simply denouncing school violence—it is providing resources to allow us to take measures to prevent it,” noted U.S. Attorney Kennedy. “Those measures include improved reporting and response systems, increased mental health intervention programs, and additional training and resources to harden targets. Through our Safe Schools initiative, this Office has long been a leader in the community in not only raising awareness of the causes and common characteristics of school violence, but in exploring ways to prevent it. These funds will only enhance that enduring commitment and effort.”
The Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders. This includes the support for existing crisis intervention teams and the creation of new ones.
• BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19,000,000. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website. Erie 2-Chautauqua-Cattaraugus BOCES will receive $250,000.
• The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28,000,000. Erie 2-Chautauqua-Cattaraugus BOCES will receive $250,000, and Wayne County will receive $150,000.
• The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25,000,000 to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency. Niagara County will receive $215,383.The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
The Department also announced that it has awarded more than $64,000,000 to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43,000,000 in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21,000,000 will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program. These grant programs help states automate and upgrade records accessed by the firearms background check system. This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.
The Department is also investing over $1,000,000 in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and will examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool.
For more information on these grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
# # # #Bath Man Charged with Enticing A Minor OnlineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that William C. Read, 33, of Bath, NY, was arrested and charged by criminal complaint with online enticement of a minor, and distribution and possession 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, Read utilized a social media application in an attempt to meet a nine-year-old child for sex. The defendant was intercepted by members of the New York State Police and Department of Homeland Security on October 1, 2018, while on his way to meet the child. At the time of his arrest, Read was found to be in possession of condoms and candy, which he intended to give to the child. The complaint also alleges that the defendant distributed and possessed images of child pornography from a cell phone in his possession.The defendant made an initial appearance today before U.S. Magistrate Marian W. Payson, and is being held pending a detention hearing October 3, 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 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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Limestone Man Pleads Guilty to Receipt 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 Kevin James Fox, 62, of Limestone, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that in May 2016, the defendant persuaded an adult female, identified as T.M., to find a minor male and engage in sexual activity with him for the purpose of producing a visual depiction. T.M. met a 16-year-old male (Victim 1) through Craigslist and began communicating with Victim 1 via text messaging that was sexual in nature. On June 1, 2016, T.M. picked up Victim 1 and drove to her residence, where she engaged in sexual activity with Victim 1. T.M. used her cellular telephone to take approximately five photographs. T.M. then drove Victim 1 home and texted the images to a telephone number controlled by Fox.
The defendant also persuaded T.M. to engage in sexual activity with a 17-year-old minor male (Victim 2) who was known to T.M. Between May 26, 2016, and June 21, 2016, T.M. engaged in sexual activity with Victim 2, at Fox’s request. T.M. also took photographs once again and sent the images to the defendant.
The criminal complaint is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge along with the Cattaraugus County Sheriff’s Office, under the direction of Timothy Whitcomb.
Sentencing is scheduled for February 12, 2019, at 12:30 p.m. before Judge Vilardo.
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Geneva Man Sentenced for Receipt 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 Trebor Conolly, 36, of Geneva NY, who was convicted of receipt of child pornography, was sentenced to serve 151 months in prison and 20 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 between September 6, 2017, and September 26, 2017, the defendant received nine videos and four images of child pornography via a peer-to-peer file sharing program. Conolly saved the child pornography on a personal computer. The videos and images depicted minors under 12 years old engaged in sexually explicit conduct with adults. Some of the videos and images depicted the sexual abuse of infants and toddlers. Conolly then distributed the videos over the internet by connecting to the peer-to-peer file sharing program.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.# # # #
Rochester Man Sentenced on Charge Involving Synthetic CannabinoidsRead 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 Mohammed Akram, 30, of Rochester, NY, who was convicted of misbranding food, was sentenced by U.S. District Judge Elizabeth A. Wolford to 60 months in prison.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between November 2014 and April 2015, the defendant managed Best in the West, a convenience store located at 670 Jay Street in Rochester. On April 14, 2015, search warrants were executed at that location and at the apartment above the store, where Akram lived. Officers recovered $67,847 in United States currency and approximately 1,900 packets of suspected synthetic cannabinoids.
The defendant traveled to New York City to purchase and transport bulk quantities of 3-5 ounce packages containing green vegetable matter to Rochester. The packages were labeled “G-20,” “Bizarro,” “Mardi Gras,” “G10 Potporri,” “Mr. Happy,” “WTF,” “VooDoo,” “Remarkable Herbs,” “MR SIN,” “Scooby Snax,” and “Mad Hatter.” The green vegetable matter was laced with chemicals that were not authorized by law for human consumption. The defendant, who claimed the packages were potpourri, offered the various packages of green vegetable matter for retail sale in the convenience store knowing that customers intended to ingest the green vegetable matter.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, New York, New York Field Division, and the New York State Police, under the direction of Major Eric Laughton.
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Nunda Man Sentenced to 25 Years in Prison for Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Bryan Matacale, 43, of Nunda, NY, who was convicted of production of child pornography and possessing an obscene sexual performance by a child, was sentenced to 25 years in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that in March 2017, Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) received information from the Belgian Federal Police that a Belgian citizen identified individuals in the United States as being involved the possession and distribution of child pornography. The Belgian citizen told police that an individual he knew as "Bob" paid him money in exchange for images and videos of child pornography on several occasions. Subsequent investigation determined that “Bob” was defendant Matacale.
On August 28, 2017, a federal search warrant was executed at Matacale’s residence during which various computers and electronic media were seized by law enforcement officers. During an examination of the defendant’s cellular telephone, officers observed text messages Matacale and A.W., an individual known to law enforcement who had two daughters, ages four and six. In multiple messages, the defendant requested naked pictures of A.W.’s daughter stating they would be used for a “research” report. A. W. sent Matacale approximately a dozen photos between September 2016 and February 2017.
During a review of the defendant’s electronic equipment, law enforcement officers recovered online conversations between Matacale and a 16-year-old girl from Vermont. At the defendant’s request, the girl sent naked pictures of herself on three separate dates in August 2017.
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.
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Darien Center Man Charged with 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 Alexander Seegar, 29, of Darien Center, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum penalty 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 according to the complaint, Seegar posed as a 16 or 17 year old boy and sexted 10-12 year old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos. The complaint also states that Seegar was found in possession of numerous photos containing child pornography.
The defendant made an initial appearance today before U.S. Magistrate Michael J. Roemer and was held pending a detention hearing on October 5, 2018.
The criminal 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 Lewiston Police Department, under the direction of Chief Frank Previte.
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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VA Exonerated in Two Negligence LawsuitsRead 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 U.S. District Judge Elizabeth A. Wolford dismissed a negligence lawsuit seeking damages brought by plaintiff Lenray Harris against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiff claimed that she suffered emotional injuries following the VA’s disclosure that several of its nurses improperly administered insulin pens during the time period that Harris received treatment at the VA following knee replacement surgery. The plaintiff was given insulin for her diabetes and claimed that she feared that she had contracted a blood borne disease.
In her decision, Judge Wolford stated, “[p]laintiff cannot support a claim for negligent infliction of emotional distress.”
In a similar ruling, U.S. Magistrate Judge Hugh B. Scott recommended dismissal of a negligence lawsuit filed by plaintiff Archie Maxwell who claimed that the VA reused insulin pens and exposed Maxwell to HIV or Hepatitis B or C. The plaintiff was treated for diabetes while an inpatient at the VA from December 29, 2011, to January 9, 2012, and from August 9, 2012, to August 14, 2012. Maxwell alleged that in February 2013, he tested positive for Hepatitis B.
In his decision, Magistrate Judge Scott stated, “There is no record of any patient, including plaintiff, being infected from use of the insulin pens, thus plaintiff fails to prove actual exposure to HIV or Hepatitis C.”
From 2012 to 2013, the Veterans Affairs Office of Inspector General (OIG), Office of Healthcare Inspections, investigated the use of insulin pens at the Buffalo VA. The OIG found no documented cases of transmitting blood borne pathogens related to the use of an insulin pen on multiple patients.
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Sentient Science to Pay $2.675 Million to Resolve False Claims Act AllegationsRead 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 Sentient Science Corporation, a Buffalo, NY, based research and technology corporation, has agreed to pay the United States $2,675,000 to resolve allegations that it violated the False Claims Act.
Assistant U.S. Attorney Amy N. Okereke, who handled the case, stated that Sentient Science made false statements and representations to receive federal funding under three Small Business Innovation Research (SBIR) awards issued by the National Science Foundation (NSF) and the U.S. Department of Energy (DOE). SBIR grant awards are issued to small, for-profit businesses, such as Sentient, for the purpose of stimulating technological innovation, to meet federal research and development needs, and increasing private sector commercialization of innovations derived from federal research and development.
According to the settlement, Sentient made false statements concerning:
• Key personnel that Sentient claimed it would use in the performance of research projects funded by the United States. The corporation did not use such personnel and in some instances substituted significantly less qualified employees to perform work;
• Sentient claimed to have received third-party contracts as a result of work performed for the government in order to obtain additional government funding; and
• Information in grant milestone reports which falsely represented that Sentient expended grant monies that in fact had had not expended.“Federal funding, such as the Small Business Innovation Research award, is designed to give small business the chance to turn big dreams into a reality,” stated U.S. Attorney James P. Kennedy, Jr. “When such funding designed to stimulate technology and research is misused, not only do the American taxpayers pay the price, but so do those businesses whose dreams may never become a reality, depriving our country of what could be life-changing scientific research.”
“The SBIR program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” commented Alison Lerner, the Inspector General for NSF. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort.”
“Compliance with Small Business Innovation Research (SBIR) requirements is expected by all who have the privilege of being funded by the U.S. Department of Energy for this essential program. The Office of Inspector General is committed to investigating allegations of wrongdoing associated with the SBIR grants so that the American taxpayer can maintain confidence in the SBIR program,” said Acting Inspector General April G. Stephenson.
The settlement is the result of an investigation by the National Science Foundation, Office of Inspector General, under the direction of Inspector General Allison Lerner, and the Department of Energy, Office of Inspector General, under the direction of Acting Inspector General April G. Stephenson.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Elma Man Sentenced for Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin D. Waczkowski, 34, of Elma, NY, who was convicted of possession of child pornography, was sentenced to 36 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on April 15, 2016, the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force executed a search warrant at the defendant’s residence and seized several electronic devices. Forensic examination determined that Waczkowski was in possession of thousands of images of child pornography, some of which depicted prepubescent children less than 12 years of age, and some of which depicted images of violence.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
# # # #Buffalo Man Charged with Selling Fentanyl That Caused Serious Bodily InjuryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment Julian Beavers, a/k/a Ock, a/k/a Marcel Ceasar, a/k/a BJ, 32, of Buffalo, NY, with possession with intent to distribute and distribution of fentanyl and acetyl fentanyl causing serious bodily injury, conspiracy to possess with intent to distribute heroin, furanyl fentanyl, acetyl fentanyl, and fentanyl, possession with intent to distribute, and distribution of, heroin, fentanyl, and furanyl fentanyl. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorneys Emmanuel O. Ulubiyo and Michael J. Adler, who are handling the case, stated that according to the indictment and a previously filed complaint, the Drug Enforcement Administration and the Cheektowaga Police Department had been conducting an investigation into the narcotics trafficking activities of the defendant, a heroin and fentanyl distributor with a large customer base in the Buffalo
On September 19, 2017, Beavers sold acetyl fentanyl and fentanyl, causing serious bodily injury to an individual identified as E.R.
On November 21 and November 28, 2017, investigators conducted two undercover purchases of heroin from Beavers. The defendant obtains heroin and fentanyl from an unidentified source of supply.
Beavers is scheduled to be arraigned on October 1, 2018 at 10:00 a.m. before U.S. Magistrate Judge Michael J. Roemer.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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West Seneca Man Sentenced for His Role in Dansville Meth 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 Andrew Culliton, 38, of West Seneca, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, methamphetamine, was sentenced to 36 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that Culliton, along with others, conspired to distribute methamphetamine at “The Bone Yard,” an auto salvage yard in Dansville, NY. On two occasions, March 2, 2017, and March 10, 2017, the defendant sold pure crystal methamphetamine to another individual known to law enforcement.
Culliton is one of seven defendants charged and convicted in this case.
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; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton.
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Two Defendants Charged with Arson of Kenmore Restaurant to Collect Insurance MoneyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Mushtak Al Mosaadi, a/k/a Mo, 47, and Omran Al-Khazraji, a/k/a Omarwas, 47, with conspiracy to damage and destroy a building used in interstate commerce by fire, and damaging and destroying a building used in interstate commerce by fire. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years. In addition, Al Mosaadi is also charged with mail fraud which carries a maximum penalty of 20 years.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, on May 25, 2016, defendant Al Mosaadi obtained a general liability insurance policy for the Babylon Gardens, a restaurant located at 1141 Kenmore Avenue in Kenmore, NY. On the day he obtained the policy, Al Mosaadi increased the policy limit from $50,000 to $100,000.
Between May 25, 2016, and June 3, 2016, the defendant devised a scheme to obtain money from the insurance company. On June 2, 2016, defendant Al Mosaadi, working with others, intentionally started a fire, and caused another to start a fire, inside the restaurant. On that same day, defendant Al Mosaadi gave a signed sworn statement to the Kenmore Police Department, in which he falsely claimed that he had no idea who started the fire and that he would assist the police in determining who committed the arson. On June 3, 2016, defendant Al Mosaadi signed an “Authorization to Perform Services and Direct Payment,” for “Sullivan’s Cleaning and Restoration” and for “CRDN of WNY” to pay for cleaning and repair to damages caused by the fire.
The defendants were arraigned on September 24, 2018, before U.S. District Judge Michael J. Roemer and were released.
The indictment 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 Kenmore Police Department, under the direction of Chief Peter Breitnauer.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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Native of Mexico Charged with Illegal ReentryRead 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 Gerino Barrera-Tapia, 37, was arrested and charged by criminal complaint with illegal reentry after deportation. The charge carries a maximum penalty of two years in prison.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, on September 12, 2018, a Cattaraugus County Sheriff's Deputy encountered the defendant during a vehicle safety check. United States Border Patrol was contacted to assist in identifying Barrera-Tapia. During questioning, the defendant stated that he was a citizen of Mexico and was illegally present in the United States. He was taken into custody. Subsequent investigation determined that Barrera-Tapia was a native and citizen of Mexico. A records check determined that the defendant was removed from the United States in February 2008.
Barrera-Tapia made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained.The complaint is the result of an investigation by the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb, and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.
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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Lockport Man Pleads Guilty to Selling Fentanyl That Resulted in DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pablo Lugo III, 27, of Lockport, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute, and distribution, of fentanyl. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on March 29, 2015, Lockport Police Officers responded to 152 Caledonia Street and found an individual, K.R., deceased. Officers recovered four reddish paper wrappers in the bathroom, one of which was tested at the Niagara County Sheriff’s Office Forensic Laboratory and determined to contain fentanyl. An autopsy determined that K.R. died of acute fentanyl intoxication.
Text messages recovered from K.R.’s cellular phone revealed that on March 28, 2015, K.R. communicated with Lugo between 12:22 p.m. and 12:51 p.m. K.R. died shortly after the text message exchange. The defendant admits that K.R.’s death resulted from the drugs he gave to K.R.
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 Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Voutour; and the Lockport Police Department, under the direction of Acting Chief Steven Preisch.
Sentencing is scheduled for December 20, 2018, at 3:00 p.m. before Judge Wolford.
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Tonawanda Man Pleads Guilty to Offering Synthetic Cannabinoids for SaleRead 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 Salleh Dubaishi, 43, of Tonawanda, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to a possession with intent to distribute AB-FUBINACA and XLR-11, synthetic cannabinoids. The charge carries a maximum penalty of 20 in prison and a fine of $1,000,000.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in November of 2015, New York State Department of Taxation and Finance inspectors encountered the defendant at Pyramid Express HSD, a store located at 102 Hoyt Street in Buffalo, during a routine inspection of the store’s tobacco and cigarette inventory. The inspectors recovered 529 packages of suspected synthetic cannabinoids, which were labeled “Geeked Up;” “Strawberry Scooby Snax;” “Hypnotic;” “Insane;” “AK-47;” or “Kisha Cole.” The inspectors turned over the packages to Homeland Security Investigations for further analysis. HSI confirmed that the defendant possessed and offered, for retail sale AB-FUBINACA and XLR-11, both of which are Schedule I controlled substances.The plea is the result of an investigation by the New York State Department of Taxation and Finance, under the direction of Executive Deputy Commissioner Nonie Manion, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for December 13, 2018, at 12:30 p.m. before Judge Geraci.
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Executive Director of RARES Sentenced for Filing False Tax ReturnsRead 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 John Brian Mount, 60, of Pittsford, NY, who was convicted of filing a false tax return, was sentenced to serve five months in prison followed by five months of home confinement by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Mount was the executive director of Regional Area Recreation and Employee Services (RARES), a non-profit business located at 312 West Commercial Street in East Rochester. The non-profit provides discounted tickets and services to subscribing companies. The defendant received salary and commissions from RARES that he failed to report on his 2010 through 2013 federal tax returns. In total, Mount failed to report approximately $227,835.77 in additional income on his tax returns, which resulted in the defendant failing to pay $60,977 in taxes to the Internal Revenue Service.
Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
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Buffalo Man Pleads Guilty to Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Corter, 32, of Buffalo, NY, pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine, possession of firearms in furtherance of a drug trafficking crime, being a felon in possession of a firearm, and possession with intent to distribute cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on Friday, March 3, 2017, members of the Erie County Sheriff’s Office and the Federal Bureau of Investigation’s Safe Streets Task Force executed a search warrant at the defendant’s residence at 39 Greenfield Street in Buffalo. Law enforcement officers recovered numerous vacuum-sealed packages of cocaine; methamphetamine; and butyryl fentanyl; along with a quantity of marijuana, a scale, a .40 caliber handgun loaded with nine rounds of ammunition, and a magazine loaded with 10 live rounds of ammunition.
On Thursday, June 8, 2017, members of the Erie County Sheriff’s Office executed a search warrant at the Chateau Motor Lodge at 1810 Grand Island Boulevard on Grand Island, NY, in a hotel room that was registered to the defendant. Officers recovered a .357 caliber handgun, one round of ammunition, a digital scale with white powder residue, cocaine, and suspected marijuana. The search warrant was conducted following a traffic stop of a car being driven by Corter. During the traffic stop, several hypodermic needles loaded with butyryl fentanyl were located, and the defendant stated he and two passengers in the car had just come from his hotel room at the Chateau Motor Lodge.
In January 2006, Corter was convicted of multiple drug offenses in Iredell County District Court, in Statesville, North Carolina, and is legally prohibited from possessing a gun.
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 Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for December 13, 2018, at 3:00 p.m. before Judge Geraci
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Buffalo Man Pleads Guilty to Fentanyl 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 Jose Alvarez, 26, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and 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 Brendan T. Cullinane, who is handling the case, stated that on July 27, 2017, Drug Enforcement Administration and Homeland Security Investigations Special Agents executed a search warrant on Alvarez’s vehicle. During the search, agents recovered 20 bags of butyryl fentanyl, a Schedule I controlled substance. The investigation determined that the defendant, along with his co-defendants, were staying at a hotel and casino located in Salamanca. Subsequently, a search warrant was executed in their hotel room, where agents recovered another 196 bags of butyryl fentanyl. Alvarez also admitted selling butyryl fentanyl on three prior occasions in Salamanca in May and July of 2017.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the NYS State Police Bureau of Criminal Investigation, under the direction of Major Edward Kennedy; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb.
Sentencing is scheduled before Judge Vilardo for January 31, 2019, at 10:30 a.m.
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Brother and Sister Charged with 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 Jeriel Slay, 28, of Brooklyn, NY, and his sister, Angela Slay, 28, of Jamaica, NY, were charged by criminal complaint with engaging in a conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P Cantil, who is handling the case, stated that between December 2016 and September 2018, the defendants engaged in a conspiracy to defraud multiple victims. As a part of their scheme, Jeriel and Angela Slay, who are siblings, stole the identities of unsuspecting victims and created fictitious Limited Liability Companies (LLCs), with company names indicating ownership by the victims. The defendants then opened bank accounts under the names of the LLCs and fraudulently transferred money from a victim’s actual bank account to the LLC bank account.
In August 2018, search warrants were executed at two residences occupied by the defendants in Miami Beach and Miramar, Florida. During those searches, investigators recovered:
• dozens of fraudulently created credit cards in the names of multiple individuals, including blanks, partially completed cards, and fully completed cards;
• dozens of fraudulently created driver's licenses including licenses with pictures of Jeriel Slay;
• over $45,000 in cash;
• financial statements including bank statements, utility bills, retirement account information, and other identifying information which corresponded with fraudulently created ID's and credit cards;
• financial documents including statements for fraudulently created bank accounts and LLC documentation;
• a card embosser, card printer, stamping machine, and supplies including blank cards, security chips, and ink; and
• a social security card for an individual not tied to the residence.The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were released.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Drug Kingpin Sentenced to Life in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Colin B. Montague, 63, of Greece, NY, who was convicted after a seven-week jury trial of operating a continuing criminal enterprise, drug conspiracy, money laundering conspiracy and money laundering, was sentenced to serve life in prison by U.S. Chief District Judge Frank P. Geraci, Jr. The judge also ordered a $10,000,000 money judgment against the defendant, which represented the gross proceeds Montague obtained from the criminal enterprise.
Assistant U.S. Attorneys Robert A. Marangola and Brett A. Harvey, who handled the prosecution of the case, stated that the defendant was the head of a national cocaine trafficking organization involving individuals in Rochester, NY; Arizona; California; and Nevada. Through the organization, Montague was responsible for arranging the transportation of several hundred kilograms of cocaine from the western United States to the Rochester area between 2008 and June 2014. The organization used various methods for transporting the cocaine, including tractor-trailers, drug couriers, and sending packages of cocaine through the U.S mail. After receiving the shipments, the defendant and other members of the organization would distribute the cocaine to other upper-level and mid-level drug traffickers in the Rochester area.
The organization was uncovered by the Drug Enforcement Administration and Rochester Police Department after a wiretap investigation culminated in the seizure of a six-kilogram shipment of cocaine from a courier as the drugs were being transported from Pennsylvania to Rochester. After seizure of that drug shipment, Montague fled to Atlanta, Georgia, where he lived under a false identity for six months until he was captured by the United States Marshals Service.
The defendant also owned and operated Montague Enterprise, Inc., a real estate business in Rochester. During the conspiracy, Montague laundered more than $2,350,000 in drug proceeds through bank accounts associated with the real estate business. Also, the defendant purchased six properties in the Rochester area using drug proceeds. As part of the sentence, Montague was ordered to forfeit of sums of money from the sale of 19 real properties owned by Montague Enterprises, Inc. that were sold by the U.S. Marshals and that represented either proceeds of the narcotics enterprise or were involved in money laundering.
“The life sentence imposed upon this defendant should serve as a warning to those who seek to enrich themselves by selling drugs and, in so doing, destroying the lives of others,” stated U.S. Attorney Kennedy. “At this point, all of money in the world would be insufficient to purchase the defendant even one second of freedom, and thus, in the end, his conduct literally cost him everything—in fact, even his own life can be added to the list of those destroyed by his drug-dealing.”
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt; the Rochester Police Department, under the direction of Acting Chief Mark Simmons; the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge; and the United States Marshals Service, under the direction of Marshal Charles Salina.
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Pennsylvania 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 Thomas A. Gillespie, 44, of East Brady, PA, who was convicted of production of child pornography, was sentenced to serve 204 months in prison and eight years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that between July 2014 and August 7, 2014, the defendant began communicating with a minor under the age of 12 in Cheektowaga, NY, via instant messaging on Vine.com. The communications were sexually graphic in nature, and involved the defendant coercing the minor victim into sharing sexually explicit images of herself. A search warrant was executed at the defendant’s apartment in East Brady where federal agents recovered Gillespie’s computer. A forensic examination recovered images of the minor victim, including one nude image of the victim.
Today’s sentencing is the result of an investigation by detectives from the Cheektowaga Police Department, under the direction of Chief David Zack, and the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge.
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Jamestown man Sentenced for Food Stamp FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph M. Gullotti, 57, of Jamestown, NY, who was convicted of food stamp benefits fraud, was sentenced to six months home detention by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $173,515.00 in restitution to the U.S. Department of Agriculture.
Assistant U.S. Attorneys Douglas A.C. Penrose and Mary Catherine Baumgarten, who handled the case, stated that the defendant owned and operated Fresh Cut Meats & More, at 631 Newland Avenue in Jamestown. Gullotti, as the owner of Fresh Cut, was authorized to accept and redeem food stamps. The U.S. Department of Agriculture prohibits a retailer from accepting food stamps for ineligible items such as beer, cigarettes, and hot prepared food, from giving cash for the benefits, and from using the benefits to pay for items purchased on credit.
Between January 2015 and March 21, 2017, the defendant and others accepted food stamp benefits to pay for merchandise purchased on credit by a beneficiary including ineligible items. During that time, Gullotti and others engaged in approximately $173,515 of unlawful transactions.Today’s sentencing is the result of an investigation by the U.S. Department of Agriculture, under the direction of Special Agent-in-Charge Bethanne M. Dinkins; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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Delta Sonic Employee Sentenced in Connection with Oil Discharge into Cayuga Creek; Company to Pay Civil PenaltiesRead 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 Yount, 47, of Lancaster, NY, who was convicted of making a materially false statement, was sentenced to serve two years probation by U.S. District Judge Elizabeth A. Wolford. Judge Wolford also ordered the defendant to perform 100 hours of community service “that directly contributes to the betterment of this community’s environment.”
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on July 18, 2016, the New York State Department of Environmental Conservation (DEC) responded to an alleged oil spill in Cayuga Creek in Niagara Falls, NY. The NYS-DEC Spills Unit found a significant amount of suspected waste oil in the creek along Niagara Falls Boulevard near Tuscarora Road and in a large storm sewer water pipe along Niagara Falls Boulevard.
As part of a subsequent investigation, a DEC Environmental Programs Technician began looking into potential sources of the oil discharge—which the Technician estimated to be between 300 and 500 gallon oil spill—and whether a violation of the Clean Water Act had occurred. The Technician contacted the defendant, who was the Environmental Compliance Officer for Delta Sonic Car Wash Systems, Inc., which has a location on Niagara Falls Boulevard, approximately a half a mile from Cayuga Creek. During a meeting at the Delta Sonic location on Niagara Falls Boulevard, the Technician learned that Delta Sonic was renovating the oil change and lube shop garage, which involved the removal of concrete floors by a subcontractor. At that time, Yount stated that there had not been any problems except for a minor spill of approximately two gallons of oil which was immediately cleaned up.
The Technician returned to Delta Sonic the following day and observed an absorbent boom with oil on it in a storm sewer receiver located in the parking lot outside of the oil change garage. While the Technician was looking into the storm sewer receiver with the defendant, Yount, sought to mislead the Technician by stating that booms were often left in sewers and that the boom in question may have been in there for some time. However, the defendant knew that booms were not often left in the sewers at Delta Sonic and that this boom had been placed in the storm sewer receiver approximately six days earlier. Such boom had been placed in the storm sewer receiver as a result of a complaint by another Delta Sonic employee that oily wastewater was being pumped into it as a result of the renovation of the Delta Sonic oil change and lube shop garage.
In addition, U.S. Attorney Kennedy also noted that Delta Sonic recently entered into consent agreements with both the DEC and the United States Environmental Protection Agency (EPA) regarding violation of the Clean Water Act. Pursuant to the terms of those consent agreements, Delta Sonic agreed to pay the $25,363.62 in clean-up costs and an additional $25,000 as a civil penalty to the DEC. In addition, the company agreed to pay $30,000 to the EPA as a civil penalty.
“Today’s sentencing together with these consent orders and civil penalties make clear that this Office, together with our federal and state partners, take seriously our obligation to protect our community from all threats,” stated U.S. Attorney Kennedy. “The quality of our environment is inextricably intertwined with the quality of life for our citizens. We will remain vigilant in our efforts to protect and preserve the precious natural resources with which we here in Western New York have been so richly blessed.”
Today’s sentencing is the result of an investigation by the Environmental Protection Agency – Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke; and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
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Jamestown Man Indicted on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Matthew Bailer, 33, of Jamestown, NY, with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 11, 2018, the Jamestown Police Department received a complaint from a parent that her minor children, Victim 1 and Victim 2, may have been sexually abused by the defendant. The parent stated that she was told by the defendant’s sister that a series of concerning pictures, sexual in nature, were delivered on a Nokia cellular telephone that was used by the defendant.
Bailer was subsequently arrested on a warrant out of Missouri related to a burglary case. During a search of the Nokia cellular telephone, investigators recovered several hundred images of images of child pornography involving sexually explicit conduct by prepubescent and pubescent children.
The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the 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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