Western District of New York
Press releases recorded for this federal judicial district.
U.S. Attorney Kennedy Recognizes Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051FBI Releases 2017 Statistics on of Law Enforcement Officers Killed and Assaulted
BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. is joining with Attorney General Jeff Sessions to recognize the service and sacrifice of federal, state, local, and tribal police officers during National Police Week, May 13-19, 2018.According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.
Among the 93 killed was Buffalo Police Officer Craig Lehner who drowned during a training exercise in the Niagara River. Lehner’s body was recovered on October 17, 2017. Officer Lehner’s name and the names of all 93 fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018.
“While it takes many important attributes to be a successful police officer – courage, toughness, intelligence – the one attribute shared by the very best in the law enforcement profession is a sense of selfless love,” said U.S. Attorney Kennedy. “Love for their fellow man. Love for their community. Love for the rule of law. Love for their country.”
“One officer death is too many,” Attorney General Sessions said. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks.”
During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe. A number of commemorative events are taking place across the country and locally. U.S. Attorney Kennedy took part the Law Enforcement Memorial Service in Buffalo this morning at St. Joseph Cathedral. Tomorrow, May 15, he will take part in the New York State Police Troop “A” Memorial Service in Batavia, NY.
U.S. Attorney Kennedy further stated, “I offer condolences to the families of our fallen heroes and a humble thanks to all of the men and women of federal, state and local law enforcement – living and deceased. Though they cover their hearts with badges, through those badges shine some of the finest hearts known to humanity. Today we honor those in law enforcement who give their hearts, and their lives, for their fellow man.”
Of the 93 officers killed in 2017, 46 were killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officer were killed in line-of-duty incidents as a result of felonious acts.
For more information on the 2017 Law Enforcement Officers Killed and Assaulted report, go to https://ucr.fbi.gov/leoka/2017.
In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
For more information about other National Police Week events, please visit www.policeweek.org.
Niagara Falls Man Sentenced on Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Jerry Brown, 63, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking and possession of a firearm with a defaced serial number, was sentenced to 101 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on January 12, 2012, law enforcement officers observed the defendant and co-defendant, Guy Lightfoot, conduct a suspicious transaction outside of 1953 Falls Street in Niagara Falls, NY. Brown, who was in his vehicle when officers approached, attempted to flee which led to a car chase. When officers located the defendant’s vehicle, it was vacant. A search of the vehicle uncovered four rounds of 9mm ammunition and a quantity of cocaine and heroin. Officers then searched the surrounding area and located a 9mm, semi-automatic handgun, bearing a defaced serial number, on a roof top in close proximity to the vehicle. The defendant was located and arrested. The serial number on the firearm was restored using magnetic particle and chemical techniques. Investigation determined it was stolen from a private residence in Niagara Falls.
Guy Lightfoot was previously convicted and sentenced.
Today’s sentencing is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
Lancaster Man Pleads Guilty to Tax EvasionRead 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 Ronald Wieczorek, 57, of Lancaster, NY, pleaded guilty before U.S Magistrate Judge H. Kenneth Schroeder to tax evasion. The charge carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that between January 1, 2000, and April 15, 2013, the defendant attempted to evade paying individual federal income taxes for the calendar years 2000 through 2009.
During the above time-period, the defendant took a number of steps to hide his income and assets from the IRS in order to prevent the IRS from collecting on taxes that he owed. For example, on May 27, 2009, Wieczorek dissolved his own business and created two new businesses, RMS Blacktop and RMS Hauling, in the name of another individual, in order to conceal his assets.
The defendant also used business receipts and money from these business accounts to pay personal expenses, including the payment of personal credit card expenses. In order to do so, Wieczorek forged the name of a person with signatory authority on the business account checks.
The defendant made numerous other attempts to conceal his assets from the IRS including, on three occasions, filing false statements with the IRS indicating that he could not afford to pay the taxes he owed. The tax loss to the IRS totaled $962,488.98.
Today’s plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett.
Sentencing will be scheduled at a later date.
Florida Man Sentenced on Mail Fraud and Tax Evasion 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 Michael Kornaker, 47, of North Tonawanda, NY, who was convicted of mail fraud and tax evasion, was sentenced to 28 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $602,052.19.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that between June 2014 and April 9, 2016, the defendant devised a scheme to defraud insurance companies which were holding unclaimed funds. The funds were advertised on a website belonging to the California State Controller’s Office.
Specifically, Kornaker sent documentation of entitlement to unclaimed funds to the victim companies using false and fraudulent identities, including the name “Vinnie Sciarrino,” and entities, including “Insurance Marketing Resources.” Any funds received from victim companies were deposited into bank accounts maintained by the defendant.
In addition, between June 11, 2015, and November 9, 2015, Kornaker made a claim for unclaimed property held by Jackson National Life Insurance Company using the names Vinnie Sciarrino and Insurance Marketing Resources.
As part of the scheme to defraud, the defendant identified at least 113 companies and submitted fraudulent documentation to change the entity’s mailing address to addresses under his control in the Western District of New York. As a result, the defendant was paid approximately $450,000 in funds to which he was not entitled and owes the IRS $155,859 for tax years 2014 and 2015, as a result of his failure to claim the income he earned from the fraud.
Today’s sentencing is the result of an investigation by the United States Postal Service Inspection Service, Boston Division, under the direction of Acting Inspector-in- Charge Delany E. De Leon-Colon; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; and the New York State Department of Financial Services, Criminal Investigations Unit, under the direction of Superintendent Maria T. Vullo.
Buffalo Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Donald Egan, 51, of Buffalo, NY, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years and a $250,000 fine.
Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that on July 19, 2017, a United States Probation Officer seized a cellular telephone from the defendant during a routine supervision visit at his Memorial Drive residence in Buffalo. At the time, Egan was a sex offender under supervision and possession of a phone was a violation of the defendant’s release from prison.
The officer turned the phone over to the FBI’s Child Exploitation Task Force which led to the discovery of 32 images of child pornography. Some of the images included pre-pubescent minors.
The plea is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert.
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Sentencing is scheduled for August 22, 2018, at 12:30 PM before Judge Arcara.Bailey Boys Gang Associate Pleads Guilty to 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 Demetrius Black, 41, of Buffalo, New York, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to possess with intent to distribute heroin and cocaine. The charge carries a maximum penalty of 20 years, and a fine of $1,000,000.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that the defendant was an associate 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. Between 2010 and late 2011, Black allowed gang member Kenneth Pettway, Jr., and others, to sell crack cocaine and heroin from an apartment he rented on Roosevelt Avenue in Buffalo. The defendant himself also obtained and distributed significant quantities of crack cocaine to others.
On January 18, 2012, a search warrant executed at Black’s residence on Roosevelt Avenue. Law enforcement officers seized heroin, cocaine, marijuana, scales, baggies, and other drug paraphernalia. The defendant was present when the search warrant was executed and admitted that he possessed two pistols at the time.
Charges remain pending against Kenneth Pettway, Jr. who is scheduled to go to trial on May 22, 2018, also before Judge Skretny. 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.
Black’s plea 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; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing is scheduled for August 15, 2018, at 11:00 a.m. before Judge Skretny.
Rochester Woman Previously Convicted of Threatening the President Charged with Threatening A Federal JudgeRead 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 Christine Wright Darrisaw, 42, of Rochester, NY, was arrested and charged by criminal complaint with threatening to kill United States District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendant is currently on supervised release following her 2014 conviction for threatening to kill former President Barack Obama. Chief U.S. District Frank P. Geraci, Jr. presided over that case.
On December 15, 2017, Judge Geraci's chambers received two telephone calls from a number connected to the defendant. During both calls, the caller identified herself as Christine Wright Darrisaw. One of the judge’s law clerks answered the first call which came in at approximately 11:25 a.m. The caller was described as speaking quickly, clearly, and changed subjects rapidly and at one point stated “I am calling in a death threat against the Judge.” Wright Darrisaw claimed that two probation officers threatened death against the Judge and then she hung up. A short time later, at 12:01 p.m., the defendant again called Judge Geraci's Chambers which was answered by another law clerk. Wright-Darrisaw once again changed subjects rapidly. During that call, Wright-Darrisaw stated her and her boyfriend decided to "call in a terrorist threat." Wright-Darrisaw then stated “This is a death threat.”
The threats were then reported to the United States Marshal's Office.
The defendant made an initial appearance before U.S. District Judge Brenda K. Sannes of the Northern District of New York in Rochester and is being held pending a hearing on May 24, 2018, at 9:30 a.m.
The complaint is the culmination of an investigation by the United States Marshal's Service, under the direction of Marshal Charles Salina.
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.
Lockport Man Pleads Guilty for His Role in Narcotics 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 Joseph Thompson, 68, of Lockport, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of a mixture or substance containing fentanyl. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that between June 2013 and September 2015, the defendant conspired with others to distribute fentanyl, heroin, and cocaine.
On February 13, 2015, the Niagara County Drug Task Force conducted a controlled buy at Thompson’s residence on Elmwood Avenue. The drug sold by the defendant tested positive for fentanyl. On March 4, 2015, the task force conducted a second controlled buy at Thompson’s residence. The drug sold by the defendant during the second buy tested positive for heroin.
On March 10, 2015, a New York State search warrant was executed at Thompson’s residence. Law enforcement officers recovered approximately 88 grams of fentanyl, 60 grams of heroin, and 17 grams of crack cocaine. A digital scale, baggies, and $1,955.00 in cash were also seized.
During the course of the conspiracy, the defendant distributed various types of drugs to as many as 10 customers daily.
Thompson was one of 17 defendants indicted in August of 2016 for his role in a drug trafficking organization that utilized contacts and sources of supply from Mexico, California, and elsewhere. The organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo. He is the third defendant to be convicted.
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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for September 7, 2018, at 9:30 a.m. before Judge Vilardo.
Former VA Employee Charged with Threatening an Army ChaplainRead 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 Fallon, 37, of Buffalo, NY, was arrested and charged by criminal complaint with transmitting in interstate commerce a threat to injure the person of another. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, the defendant was employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner and was responsible for reviewing education reimbursement claims submitted by veterans and members of the United States military. Fallon was terminated in May 2018, based on, among other things, his interaction with an active-duty, commissioned Captain in the United States Army assigned as a Chaplain in the State of Louisiana.
The Army Chaplain submitted a claim to the VA for reimbursement of expenses related to his religious education but in November 2017, the claim was denied by letter. The letter was unusual in tone and contained sporadic bolded and underlined text. The Army Chaplain appealed the denial and complained about the unprofessional nature of the denial letter.
In the early afternoon on May 4, 2018, the VA informed the defendant that his employment was terminated, and he was given a packet of materials which explained the grounds for his termination, including the complaint from the Army Chaplain.
Later in the afternoon on May 4, 2018, the Army Chaplain received a telephone call which lasted approximately one minute. Realizing the call was coming from a 716 area code, the Army Chaplain assumed it was likely from the Buffalo VA processing center so he answered the telephone on speaker mode. His wife and daughter were present and heard the conversation. The complaint states that Fallon was the caller and said to the Army Chaplain:
“You’re the (expletive) trying to get me fired. Don’t know who the (expletive) you think you are. You’re a (expletive). You’re a worthless piece of (expletive). You don’t understand when you filed a claim, you’re out of benefits. You (expletive) don’t get it. You are a piece of (expletive). I have all your paperwork and you are trying to get me fired. I know where you live (expletive). I have all of your information. I will (expletive) end you. I will drive down there and take care of you, you’re (expletive) stupid, you (multiple expletives).
According to the complaint, the Army Chaplain felt threatened and believed the caller wanted him dead. As a result, the Army Chaplain contacted his supervisor who directed him to contact the military police. While speaking to the military police, the Army Chaplain noticed a call coming in from the same 716 telephone number as the previous call. The military police directed that he not answer this call and let it go to voicemail.
The Army Chaplain stated the caller left a voicemail which lasted one minute and 18 seconds. In the voicemail, the caller identified himself as “Morgan Fallon” and stated, “I am the VA employee you want fired so badly.” The caller also stated that the Army Chaplain was “the most pathetic person he had ever heard of.”The defendant made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroder and is being detained without bail.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Resident Agent-in-Charge Jeffrey K. Stachowiak; 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.
Buffalo Man Pleads Guilty to 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, pleaded guilty to conspiring to retaliate against a witness, and retaliating against a witness before Senior U.S. District Judge William M. Skretny. The charges carries a maximum penalty of 40 years in prison and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling 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 and are awaiting sentencing. 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 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 Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for August 15, 2018, before Judge Skretny.Buffalo Woman Pleads for Her Role in 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 Judi Sylvia, 33, of Buffalo, NY, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between May 2015 and October 2015, the defendant, her brother Shawn Sylvia, and others conspired to obtain money fraudulently from Elavon, a merchant processing company. As part of the conspiracy, Judi and Shawn Sylvia established Pasquale and Associates, LLC.
In May 2015, Judi Sylvia signed a business certificate which stated that she was “conducting or transacting business” under the name of Pasquale and Associates, LLC and she opened a bank account at First Niagara Bank in the name of Pasquale and Associates, LLC for the receipt of wired funds from Elavon. In addition, Shawn Sylvia opened a merchant account with Elavon, to process credit card payments for money collected through Pasquale and Associates, LLC. When creating the merchant account, Shawn Sylvia made false representations to Elavon claiming that Pasquale and Associates, LLC was engaged in legal services and failed to disclose that the company was actually a debt collection agency engaging in unlawful and unfair practices to collect on debt not owed. If Elavon had known that Pasquale and Associates, LLC was engaging in debt collection, Elavon would not have agreed to collect payments on behalf of the business because of the high likelihood of chargebacks to Elavon and the risk that Elavon would be unable to recoup chargebacks and would lose money.
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. Elavon then processed the fraudulent transactions on the individuals’ credit cards and sent the funds to Pasquale and Associates LLC’s First Niagara Bank account at which time Judi Sylvia immediately withdrew the funds. When Elavon learned that the credit card transactions were fraudulent, Elavon was required to refund the charges. Because the money had already been withdrawn from Pasquale and Associates LLC’s First Niagara Bank account, attempts to recover the chargebacks were unsuccessful.
Judi and Shawn Sylvia and others obtained fraudulently a total of $56,615 from Elavon and five other victims.
Shawn Sylvia was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for August 17, 2018, at 12:30 before Judge Arcara.
Bronx Man Pleads Guilty to Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eriel Rivera, 45, of Bronx, NY, pleaded guilty to possession with intent to distribute 100 grams or more of heroin before U.S. District Court Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $2,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on July 8 and July 22, 2017, the defendant sold a quantity of cocaine to a confidential source working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Rivera was arrested on September 29, 2017, in a coffee shop in Niagara Falls, NY. At the time, the defendant was in possession of $1,885 in cash and a quantity of suspected heroin.
The plea is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for August 24, 2018, before Judge Vilardo.
Rochester Man Pleads Guilty to Importing Controlled SubstanceRead 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 Steven Zepp, 28, of Rochester, NY, pleaded guilty to importing a controlled substance from a foreign country before U.S. District Judge Charles J. Siragusa. The charge carries a maximum possible penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the prosecution of the case, stated that in March of 2017, members of law enforcement intercepted several packages sent from Germany to 116 Frear Drive, in Rochester. The packages contained a substance believed to be 3, 4-Methylenedioxymethamphetamine, or MDMA, commonly known as ecstasy. Officers executed a search warrant at the Frear Drive location and seized multiple controlled substances, including additional quantities of MDMA, methamphetamine and marijuana. Officers arrested Zepp, who was residing at the residence, at the scene.
The plea is a culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; and the New York State Police, under the direction of Major Richard Allen.
Sentencing is scheduled for August 9, 2018, at 11:00 a.m. before Judge Siragusa.Niagara Falls Woman Sentenced for Attempting to Evade Reporting Requirements While Purchasing Money OrdersRead 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 Georgina Fisher, a/k/a Georgina Baratta, 47, of Niagara Falls, NY, who was convicted of attempting to cause a financial institution to fail to file a transaction report, was sentenced to one year probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys MaryEllen Kresse and Russell T. Ippolito, who handled the case, stated that on January 28, 2010, the defendant traveled to four Western Union agents in Amherst and Cheektowaga to purchase money orders. At each of the four locations, Fisher purchased less than $3,000 in money orders because she knew that if she purchased $3,000 or more in money orders, she would be required to show identification, and that the Western Union agent would be required to record such identification and other specifics of her money order purchase. The total amount of the money orders purchased on January 28, 2017, was $8,000. In addition, on seven other days between January 29, 2010, and February 6, 2010, Fisher engaged in similar conduct designed to evade the reporting requirements regarding the purchase of money orders in amounts of $3,000 or more. Specifically, on each of these other dates, the defendant traveled to multiple Western Union locations, purchasing less than $3,000 in money orders at each location. The money orders purchased on these dates totaled $66,000.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation, under the supervision of Special Agent-in-Charge James D. Robnett.
Elmira Man Sentenced on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Howard Edward Brooks, 40, of Elmira, NY, who was convicted of receipt, attempted distribution, and four counts of possession of child pornography involving prepubescent minors, was sentenced to 84 months in prison and 10 years of supervised release by U.S. District Court Judge David G. Larimer. The defendant must also register as a sex offender.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Brooks, a former teacher at the Elmira Christian Academy, was arrested in August of 2015 following the execution of a federal search warrant at his Elmira residence. During that search, FBI Agents found several digital items containing photos and videos of children as young as toddlers being raped.
When FBI Agents arrived to execute the search warrant, Brooks tried to flush several thumb drives down the toilet. The defendant stated that he did so because he saw the FBI in his driveway and knew the thumb drives contained child pornography. However, the thumb drives were recovered from the sewer under Brooks’ residence with the assistance of the Chemung County Department of Public Works. Those thumb drives were then forensically analyzed and hundreds of child pornography videos were recovered from each.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
Buffalo Man, Convicted Following A Jury Trial, Sentenced on Marijuana ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Arthur Clark, 29, of Buffalo, NY, who was convicted by a federal jury of conspiracy to possess with intent to distribute and to distribute marijuana, was sentenced to 24 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Laura A. Higgins and Patricia Astorga, who handled the prosecution of the case, stated that between April and September of 2015, the defendant, a courier for a commercial delivery service in Buffalo, conspired with Damarcus Hennings, Shaquata Hennings, Dashawn Abrams, Shahana Beaver and Janice Humphrey, to ship, receive, and distribute more than 50 packages containing marijuana from Denver, Colorado to Buffalo. After the marijuana was sold, the co-defendants would send the cash proceeds from their drug sales back to their marijuana source of supply in Denver.
All six defendants have been convicted in this case.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Buffalo Man Sentenced on Fentanyl 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 Antwone K. Dean, 37, of Buffalo, NY, who was convicted of possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of drug trafficking, was sentenced to 120 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant is on parole for a 2001 manslaughter conviction. On November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection. Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of powder containing fentanyl and butyryl fentanyl.
The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; 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; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division.
Four Defendants Plead Guilty for Their Roles in A Major Drug Trafficking Operation in Lockport, 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 four defendants pleaded guilty in connection with a large drug trafficking organization operating out of Lockport, NY:
• Ramone Westbrook, 35, of Niagara Falls NY, and Rico Freeman, 34, of Lockport NY, pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine and face a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine;
• In addition, co-defendants Kurtis Washington, 27, and Darius Dix, 27, both of Lockport, NY, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine and 28 grams or more of crack cocaine which is punishable by a mandatory minimum penalty of five years in prison, a maximum of 40 years and fine of $5,000,000.Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between May 2016 and June 2017, defendant Westbrook operated a high traffic and extremely profitable cocaine and crack cocaine distribution network. Westbrook obtained cocaine and crack cocaine from several sources of supply in Atlanta, Georgia, North Carolina and New York City and from a local source of supply in Niagara Falls. Westbrook then supplied co-defendant Rico Freeman for further distribution in the Lockport area during the course of the conspiracy.
On May 24, 2017, federal agents executed a search warrant at Ramone Westbrook’s residence on Whitney Avenue in Niagara Falls. When agents forced entry, the defendant jumped off a second story balcony and fled from law enforcement but was captured immediately. A search of the residence recovered over a kilogram of cocaine, crack cocaine, two money counters, drug scales, and $22,295.00 in drug proceeds.
Defendants Washington and Dix were also part of the drug trafficking organization, distributing cocaine and crack cocaine in the Lockport area.
On four occasions between March 3, 2017, and May 11, 2017, Washington sold cocaine to a Niagara County Drug Task Force confidential source. Washington was arrested by Buffalo Police officers on June 19, 2017. He was in possession of 26 grams of cocaine Washington tried to flee during a pat-down search and attempted to discard the cocaine.
On February 14, 2017, Dix sold a quantity of cocaine to a confidential informant working with law enforcement officers. He was arrested on December 27, 2016 by Lockport Police officers who recovered 10 grams of cocaine from Dix.
The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, Special Agent Shane Nastoff, and Task Force Officer Eric Herrington; the Lockport Police Department, under the direction of Chief Michael Niethe; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Rico Freeman is scheduled to be sentenced on August 6th at 9:15 a.m., before U.S. District Judge Lawrence J. Vilardo. Sentencing for the remaining defendants will be scheduled at a later date.
Buffalo Man Pleads Guilty to Selling Crack Cocaine in BuffaloRead 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 Nathanial Myers, 26, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribute 280 grams or more of crack cocaine, before Chief U.S. District Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between February and July of 2015, the defendant, along with several others, distributed crack cocaine base throughout the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. During this same time, Myers would supply the crack cocaine to his co-conspirators for further re-sale.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.Sentencing is scheduled for August 9, 2018, at 10:00 a.m. before Judge Geraci.
Buffalo Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jesus Rojas, 32, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine and crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between October 27, 2016, and October 23, 2017, the defendant sold cocaine to a confidential source working with law enforcement officers on five separate occasions. On January 5, 2017, a search warrant was executed at Rojas’s residence on Military Road in Tonawanda. Officers seized over 25 grams of marijuana and a digital scale. A second search warrant was executed on October 23, 2017, and officers seized another quantity of marijuana.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for August 20, 2018, before Judge Arcara.
Former Head of Niagara Falls Housing Authority Sentenced for Stealing Government Funds; Daughter-In-Law Also SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Stephanie W. Cowart, 59, of Grand Island, NY, who was convicted of theft concerning programs receiving federal funds, was sentenced to a two year term of probation and a $2,000 fine by U.S. District Judge Richard J. Arcara. In addition, Cowart’s daughter-in-law, Fredia Cowart, 28, of Niagara Falls, NY, was sentenced to one year probation for her conviction on a misdemeanor charge of theft of government funds. Stephanie and Fredia Cowart have also paid full restitution totaling approximately $17,000.
Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between 1997 and July 21, 2016, Stephanie Cowart served as Executive Director of the Niagara Falls Housing Authority (NFHA), an organization that has received federal funding. Between October 2013 and January 2015, Stephanie Cowart, being an agent of a state authority, and being aided by Allen and Fredia Cowart, stole $6,000 from the NFHA.
The Niagara Area Foundation (NAF) was established in 2000 by citizens of Niagara County who were employed in the private and non-profit sectors, to provide support and charity-oriented philanthropic initiatives for residents in Niagara County. Allen and Fredia Cowart, on behalf of People and Possibilities, Inc., sought and obtained a $6,000 grant from NAF, with the assistance of Stephanie Cowart. The money was to be used for “A Better Me,” a project that was to “teach children and youth the importance of proper etiquette, what bullying is and what they can do about it and to teach educational empowerment tools.” The NAF grant proceeds for the “A Better Me” project were deposited directly into the NFHA’s operating account. The NFHA then paid Allen and Fredia Cowart for work purportedly done on the project. However, Allen and Fredia Cowart never actually conducted any presentations related to the “A Better Me” project.
In addition, between October 2013 and June 2014, aided by his mother, Allen Cowart defrauded the NFHA and the New York Office of Children and Family Services (NYOCFS). Allen Cowart falsely claimed that he was performing the work of two teachers under the Advantage After School Program and was paid more than two times the normal hourly pay rate for one teacher position. The Advantage After School Program is funded, in part, through a contribution of federal Temporary Assistance to Needy Families (TANF) funds to New York State.
Allen Cowart was appointed to the temporary position of Teacher, under the Advantage After School Program, October 1, 2013 for the duration of the school year. The salary associated with this appointment was $23 an hour. However, Stephanie Cowart directed that effective October 23, 2013, her son was to be paid an hourly rate of $50. During the time period that Allen Cowart was paid a $50 hourly pay rate, he received $11,583 more than he would have, had he been paid the $23 hourly pay rate.
Allen Cowart was previously convicted and is scheduled to be sentenced on July 9, 2018.
“In stealing public funds, the defendant put her own interests ahead not only of taxpayers but of the very people she was supposed to be helping,” said U.S. Attorney Kennedy. “Fortunately, not all public servants are similarly motivated, and those who abuse their positions of trust, such as Cowart, can be brought to justice by those who, like our state and federal law enforcement officers who worked this case, faithfully serve the public with honor and integrity.”
“Public corruption is the FBI’s top criminal investigative priority because it poses a fundamental threat to the way government and communities operate every day,” said Kevin P. Lyons, Acting Special Agent-in-Charge of the FBI’s Buffalo Division. “When Stephanie Cowart used her power as the Executive Director of the Niagara Falls Housing Authority to steal money entrusted to her, she failed the people she was hired to serve.”
Today’s sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Office of New York State Comptroller Thomas P. DiNapoli, Division of Investigations.
Final Schuele Boys Gang Member Convicted of Rico 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 Aaron Hicks, a/k/a Boog, a/k/a Boogy, 33, of Buffalo, NY, was convicted after a jury trial of racketeering conspiracy. The charge carries a maximum penalty of 20 years in prison. The defendant was convicted by a prior jury of conspiracy to distribute marijuana, which carries a maximum penalty of 10 years in prison and faces a maximum aggregate of 30 years in prison when sentenced.
Assistant U.S. Attorneys Paul Parisi and Wei Xiang, who handled the prosecution of the case, stated that Hicks was a member of the Schuele Boys Gang which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
As a member, the defendant was the Buffalo-based main point of contact for the gang’s cocaine and marijuana supplier, Julio Contreras of McAllen, Texas. Hicks’s co-defendant, Roderick Arrington, was previously convicted following a jury trial in 2017 of the shooting murder of Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens in Buffalo on August 30, 2012. Hicks, Arrington, and other Schuele Boys members believed that Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington was sentenced to life in prison for murder in aid of racketeering.
“Working with our federal, state, and local partners, this office has gone on the offense against violent street gangs in Buffalo,” said U.S. Attorney Kennedy. “From the West side to the East side and from North Buffalo to South Buffalo, we are using the RICO statute systematically to dismantle these violent organizations and lock-up their members for lengthy prison sentences. We will continue to be relentless in our pursuit of these criminal enterprises, and we will not rest until those who are attracted to these gangs realize that in joining them, they are simply signing up for a spot on the losing team.”
Hicks is one of 28 Schuele Boys Gang members and associates to be charged in this case and the final defendant to be convicted.
The verdict is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the New York State Police, under the direction of Major Edward Kennedy. Additional assistance was provided by the Erie County District Attorney’s Office, the Edinboro University Police Department in Pennsylvania, the West Tennessee Judicial Drug Task Force, the City of McAllen, Texas Police Department, HSI Harlingen, Texas, and the FBI offices in Houston, Texas and Jackson, Mississippi.
Sentencing is scheduled for August 6, 2018, at 12:30 p.m. before U.S. District Judge Richard J. Arcara, who presided over the trial.
Cheektowaga Woman Sentenced on Fraud and Identity Theft 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 Danielle Hamilton, 29, of Cheektowaga, NY, who was convicted of conspiracy to commit access device fraud and aggravated identity theft, was sentenced by U.S. District Judge Lawrence J. Vilardo to 36 months in prison. Hamilton was also ordered to pay approximately $300,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between October 2013 and January 2014, the defendant and others, including Ricky Butler and Teria Baker, traveled to Walmart stores and other retail establishments in Western New York and Pennsylvania, where they used unauthorized credit cards. The defendants, who knew that the credit cards had been obtained by means of fraud and without the true account holder’s knowledge or authority, purchased and attempted to purchase, $500 store gift cards and other merchandise totaling in excess of $300,000.
Ricky Butler was previously convicted and is awaiting sentencing. Teria Baker was convicted and sentenced to 34 months in prison.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon of the Boston Division, and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.
Three Plead Guilty to Their Roles in Series of Rochester Armed RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Middlebrooks, 22, Nasir Perez, 20, and Deborah Siegel-Edelman, 21, all of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to aiding and abetting Hobbs Act Robbery. Middlebrooks and Perez pleaded guilty to five counts, Siegel-Edelman to four counts. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Defendants Middlebrooks and Perez also pleaded guilty to aiding and abetting the possession of a firearm that was discharged during a crime of violence, which is punishable by a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that Middlebrooks, Perez and Siegel-Edelman took part in a series of gunpoint robberies at stores in the City of Rochester between September 3, 2017, and September 23, 2017:
• On September 3, 2017, during a gunpoint robbery of the Hudson Save More on Hudson Avenue, along with co-conspirators Damien Rutledge and Dylan Miller, Perez acted as a lookout at the front door and Middlebrooks removed approximately $1,420 from the store’s cash registers;
• On September 14, 2017, during a gunpoint robbery of the 18 Hour Store on North Goodman Street, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $500 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver;
• On September 18, 2017, during a gunpoint robbery of the Four Star Market on Lake Avenue, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $2,650 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver;
• On September 23, 2017, during a gunpoint robbery of the Bronx Market on Brown Street, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $900 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver;
• Also on September 23, 2017, Siegel-Edelman drove Middlebrooks and Perez, along with co-defendants Miller and Rutledge, to the Greyhound Express Mini Mart on Carter Street. Middlebrooks, Perez, Miller, and Rutledge entered the store, a gun was pointed at the store owner, and after a struggle between the store owner and one the robbers, a store employee removed the robber’s gun from the robber’s hand. The store employee then pointed the gun at Middlebrooks, who put his hands up, but also moved forward towards the store employee. After Middlebrooks took several steps towards the employee, the employee fired the gun, and the discharged round hit Middlebrooks in the stomach. Middlebrooks, Perez, Miller and Rutledge got back into Siegel-Edelman’s car, and she drove them away from the scene of the attempted robbery.
Charges remain pending against defendants Dylan Miller and Damien Rutledge. The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.Today’s pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Middlebrooks, Perez, and Siegel-Edelman are all scheduled to be sentenced on August 8, 2018, before Judge Wolford.
Former 5linx Owner Pleads Guilty to Wire Fraud and Tax Charge for His Role in Multi-Million Dollar Marketing SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Craig Jerabeck, 57, of Rochester, NY pleaded guilty to conspiracy to commit wire fraud and filing a false tax return before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorneys Richard A. Resnick and Craig R. Gestring who are handling the prosecution of the case, stated that in 2001, the defendant, along with co-defendants Jeb Tyler and Jason Guck, started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester. The company offered utility and telecommunications services, health insurance, nutritional supplements, and business services. 5LINX utilized independent representatives to sell products and services, and to recruit additional representatives. Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was also a Vice President. In June 2006 and July 2006, Jerabeck, Tyler and Guck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors").
Between May 2010 and April 2016, 5LINX sold and distributed products for a Florida vendor. As part of his plea agreement, Jarabeck admitted that he, together with Guck and Tyler, personally, and by companies they owned, received approximately $2,310,510 from a Florida vendor, without the knowledge of the 5LINX’s Investors, Board of Directors, or other stockholders. Jerabeck further admitted that he, Guck, and Tyler were each prohibited from receiving such money by their Stockholders Agreements. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders, were entitled to and should have received the funds instead of Jerabeck, Guck, and Tyler.
In addition, Jerabeck provided false information on his personal tax returns for the years 2011 through 2013, and 2015. The defendant failed to report income he received from 5LINX, and took deductions to which he was not entitled, that is, commissions that were not paid. The false returns resulted in a tax loss to the Internal Revenue Service of approximately $118,628.
As part of his plea, Jerabeck has agreed to forfeit his interest in real property at 90 East Lake Road, in Middlesex, NY.
“For many years, this defendant consistently lied to vendors, creditors, and stockholders, as he systematically lined his pockets with millions of dollars meant for those who invested in his company,” stated U.S. Attorney Kennedy. “In addition, the defendant lied to the Internal Revenue Service and defrauded American taxpayers by failing to pay tens of thousands of dollars owed in taxes. Today’s plea should serve as a reminder to those who seek to enrich themselves through acts of dishonesty and fraud that their gains will be short-lived. This Office, together with our law enforcement partners, will work tirelessly to ensure that the final return paid to those who engage in financial fraud will be justice in the form of a federal prison sentence.”
The defendants were charged in a superseding indictment in September 2017. Charges are pending against Jeb Tyler and Jason Guck. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Sentencing will be scheduled at a later date before Judge Larimer.
Lockport Woman Charged with Threatening A WitnessRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chanel Riggs, 27, of Lockport, NY, was arrested and charged by criminal complaint with threatening a witness scheduled to testify in a trial. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, Riggs is the girlfriend of defendant Rico Freeman who is facing drug conspiracy charges and scheduled to go to trial on May 8, 2018. Late on April 26, 2018, Riggs called a witness for the Government and threatened to kill the witness and the witness’s child by putting a bullet through their head. Riggs further told the witness that she knew the witness was “snitching.” During a follow up recorded phone call, Riggs threatened the witness by saying, “(expletive) you had to have cooperated. It’s black and white that you told.”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a preliminary hearing scheduled for May 10, 2018 at 11 a.m.
The criminal complaint is the result of an investigation by: the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Niagara County Drug Task Force, under the direction of Sheriff James Votour; and the Lockport Police Department, under the direction of Chief Michael Niethe.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Incornaia, 31, of Buffalo, NY, who was convicted of possession of firearms in furtherance of drug trafficking activity and possession with intent to distribute heroin, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on March 5, 2015, the Buffalo Police Department executed a search warrant at the defendant’s Herkimer Street residence. During the search, officers recovered four firearms, 12 grams of heroin, drug paraphernalia, and a $1,000 in cash. Incorvaia was arrested at the scene.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sex Offender Sentenced for Failure to Register as Required by LawRead 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 Shamar R. Chester, 42, of Rochester, NY, who was convicted of failing to register as a sex offender, was sentenced to 21 months in prison and five years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney John J. Field, who handling the case, stated that Chester was convicted in 2007 in Washington, DC, of committing a sex crime involving a child. As a result, the defendant was required to register as a sex offender and keep that registration updated. In March 2015, Chester moved from Washington, DC, to Rochester, NY, but failed to register as a sex offender in New York State. The defendant also failed to notify the authorities in Washington, DC, that he had moved to Rochester.
The sentencing is the result of an investigation by the U.S. Marshal Service, under the direction of Marshal Charles Salina.
Postal Employee Pleads Guilty to Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Ludwig, 45, of Fairport, NY, pleaded guilty to theft of mail matter by a postal employee before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that on December 27, 2017, the U.S. Postal Service, Office of Inspector General, received information about mail thefts at the Victor, NY Post Office. Postal managers reported receiving multiple complaints of missing mail from postal customers. All of the complaints came from Victor City Route 01. The defendant was identified as the assigned carrier during the time the mail went missing.
A subsequent investigation determined that all the customers reported missing mail which contained either cash or gift cards, some of which were mailed to the victims, while other missing items were stamped and addressed to others and placed in the mailbox for pick up by the letter carrier. One victim, who reported a specific retail store gift card missing, retained the gift card identification number and determined that the stolen gift card was redeemed at a local store in the Rochester area. The retailer was able to identify the person who redeemed the stolen gift card.
During the investigation, Postal OIG Special Agents conducted surveillance of Ludwig while he carried out his postal duties. The defendant was electronically tracked to deviate from his assigned postal route, and to travel to the residential address of the individual who redeemed the stolen gift card. Also during the investigation, agents placed a piece of outgoing mail in a mailbox along City Route 01 which contained two $25 Wegmans store gift cards. It was subsequently determined that the gift cards were used by the defendant.
Postal OIG Special Agents also installed a surveillance video camera in the Postal Service government vehicle operated by Ludwig during the course of his official duties as a letter carrier. A review of that surveillance video found the defendant picking envelopes that appeared to contain greeting cards out of his assigned load, opening the envelopes, and removing items from inside the envelopes. Additionally, the surveillance video showed that while on duty, Ludwig was observed preparing two lines of a white powdery substance, which he appeared to ingest nasally through the use of a rolled dollar bill.
The plea is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely.
Sentencing is scheduled for August 6, 2018, at 3:00 p.m. before Judge Wolford.
Snapchat Photos Lead to the Arrest of A Lyndonville Man on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nolan Donald, 19, of Lyndonville, NY, was arrested and charged by criminal complaint with possession of marijuana with intent to distribute and being an unlawful user in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application "Snapchat" in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.
On April 18, 2018, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a federal search warrant at Donald’s North Lyndonville Road residence. Agents recovered a pistol with an obliterated serial number, which was loaded with eight rounds of ammunition, and a 12-gauge shotgun. A small quantity of suspected marijuana, suspected edible marijuana cookies, plastic baggies and ammunition for a shotgun were also recovered.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions pending a detention hearing on April 27, 2018.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Rochester Man Sentenced to 35 Years in Prison on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brendon Allan Young, 35, of Rochester, NY, who was convicted of production, distribution and possession of child pornography, was sentenced to 35 years in prison and 20 years supervised release by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between 2012 and 2017, Young sexually abused a minor female, beginning when the child was only four or five years old. By the time the victim turned nine years old, the defendant produced child pornography depicting the victim, which he uploaded and traded via the internet. The victim’s images were ultimately found in the United Kingdom when British authorities arrested a perpetrator in that country during a child pornography sting. Using information found on the British suspect’s computer, British authorities contacted the National Center for Missing and Exploited Children in Washington, D.C., which was relayed the information to Homeland Security Investigations (HSI) in Buffalo, NY. Within days, using metadata associated with the images, HSI Agents located the victim in Rochester, NY.
At the same time, the Rochester Police Department and Monroe County Child Protective Services had begun an investigation after the victim made a disclosure of sexual abuse to a friend’s mother. HSI Agents, the Rochester Police Department, and Child Protectives engaged in a joint investigation that led to Young’s arrest by both state and federal authorities. On November 1, 2017, the defendant was sentenced to 30 years in State Court.
“This sort of depravity deserves extended captivity,” stated U.S. Attorney Kennedy. “While a long sentence such as this cannot undo the harm suffered by the victims of the defendant’s brutal conduct, it can protect other children by ensuring that the defendant cannot have future access to them.”
“This investigation is a perfect example of the international law enforcement community’s cooperation in cases involving child exploitation and victim identification, said HSI Buffalo Special Agent-in-Charge Kevin Kelly. “In addition, we coordinated with our partners at the National Center for Missing and Exploited Children to identify and bring this subject to justice and remove him as a threat to our community.”
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 Rochester Police Department, under the direction of Chief Michael Ciminelli; the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; Monroe County Child Protective Services, the Bivona Child Advocacy Center, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
Buffalo Woman Sentenced for Conspiring to Commit Access Device 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 Catherine Jarrett, 45 of Buffalo, NY, who was convicted of conspiracy to commit access device fraud, was sentenced by U.S. District Judge Richard J. Arcara to 18 months in prison. The defendant was also ordered to pay approximately $481,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between December 2013 and February 2014, Jarrett conspired with others, including Ricky Butler, and her son, Randy Jarrett, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders. Co-conspirator Ricky Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York. The defendant rented two minivans for Ricky Butler to drive to Walmart locations and other retail establishments where the fraudulently obtained credit cards were used to make, and attempt to make, purchases totaling over $570,000. These purchases included $500 Walmart gift cards. As part of the conspiracy, Jarrett and her son Randy Jarrett sold Walmart gift cards for Butler for less than their face value, typically $250 for a $500 gift card.
Ricky Butler was previously convicted and is awaiting sentencing. Randy Jarrett was previously convicted and sentenced to 21 months in prison.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of acting Inspector-in-Charge Ray Moss of the Boston Division; and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.
Jamestown Brothers Plead Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew S. Jones, 33, and Beau K.C. Jones, 31, both of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and distribution of, methamphetamine. Matthew S. Jones pleaded guilty to a conspiracy involving five grams or more of methamphetamine and faces a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. His brother, Beau K.C. Jones, pleaded guilty to a conspiracy involving 50 grams or more of methamphetamine and faces a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that the defendants were arrested on December 1, 2016, after a shipment of more than 360 grams of methamphetamine was delivered, via the U.S. mail, to the brothers at Matthew S. Jones’ residence at 70 Colfax in Jamestown. Shortly after the delivery, Beau K.C. Jones was arrested during a car stop by police and the parcel containing the methamphetamine was discovered in the backseat of his vehicle. Matthew S. Jones was arrested later that day during a separate car stop. A safe was found in the trunk of his car containing an additional quantity of approximately 80 grams of methamphetamine.
The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing for Matthew S. Jones is scheduled for July 30, 2018. Sentencing for Beau K.C. Jones is schedule for August 7, 2018.
U.S. Attorney’s Office Highlights Re-Entry Programs During Second Chance MonthRead 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 86 individuals in the Buffalo and Rochester areas, who were recently released from prison following a period of incarceration, have completed job readiness training programs aimed at securing future employment and preventing recidivism and a return to prison:
• 21 individuals were certified in operating a forklift at Buffalo Material Handling;
• 25 individuals were certified in asbestos removal at Environmental Education Associates; and
• 40 individuals completed a 10 hour Occupational Safety and Health Administration (OSHA) construction safety and health course through Core Safety Group.President Donald Trump declared April 2018 as Second Chance Month. According to a proclamation issued by President Trump, this month “our Nation emphasizes the need to prevent crime on our streets, to respect the rule of law by prosecuting individuals who break the law, and to provide opportunities for people with criminal records to earn an honest second chance. Affording those who have been held accountable for their crimes an opportunity to become contributing members of society is a critical element of criminal justice that can reduce our crime rates and prison populations, decrease burdens to the American taxpayer, and make America safer.”
“Working with our partners in federal, state, and local law enforcement, we here at the United States Attorney’s Office have re-doubled our efforts to restore respect for the rule of law in every corner of our community by aggressively prosecuting those who violate the law,” noted U.S. Attorney Kennedy. “As a result, our prosecutions are up, and crime is down. At the same time, however, we also recognize that respect is a two-way street. To show our respect for the community and all of its members—including even those whom we may have previously prosecuted—we decided to put our money where our mouth is. We took $20,000 from our own budget to pay for job training for convicts getting released from prison. The return on our investment has been remarkable, as those who are able to find meaningful employment are far less likely to commit future crimes, thereby becoming a future burden on taxpayers. The average price tag to incarcerate someone is roughly $40,000 to $60,000 per year. Through this program, we are saving both money and lives, while at the same time strengthening the bonds of mutual respect that hold us together as a community.”
The programs receiving funds are monitored by Jason Flores, the Crime Prevention and Re-Entry Coordinator for the U.S. Attorney’s Office in Buffalo.
Two Buffalo Men Indicted in Conspiracy to Distribute Fentanyl Which Resulted in Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Dontrell Wise, 32, and Lamario Jones, 31, both of Buffalo, NY, with conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine. The indictment alleges that the conspiracy generally, and Wise specifically, between mid-November of 2017 and November 23, 2017, distributed fentanyl which caused the death of an individual identified as A.J. The “death results” charges are punishable by a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that a third co-defendant, Jerell Weathersby pleaded guilty to possession with intent to distribute butyryl fentanyl which carries a maximum penalty of 20 years in prison.
The superseding indictment is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
Tonawanda Man Sentenced to Five Years in Prison on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Randy Rance, 57, of Tonawanda, NY, who was convicted of possession of child pornography, was sentenced to five years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in December 2016, the defendant distributed child pornography to an undercover investigator. In January 2017, the Town of Tonawanda Police Department seized the Rance’s computer. Forensic examination determined that the defendant was in possession of over 1,000,000 images of child pornography, some of which depicted prepubescent children less than 12 years of age.
The sentencing is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief Jerome Uschold, and the Federal Bureau of Investigation under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Jamestown Man Pleads Guilty to 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, pleaded guilty to food stamp benefits fraud before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling 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 accpeted 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.The plea 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.
Sentencing is scheduled for August 23, 2018, at 11:00 a.m. before Judge Wolford.
Federal Jury Convicts Rochester Man of Escaping from Federal CustodyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Abdul Rasheed, 36, of Rochester, NY, was convicted after a jury trial of escaping from federal custody. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney, Kyle Rossi, who handled the prosecution of the case, stated that on March 27, 2016, the defendant, following a federal felony conviction in the Western District of New York, was sentenced to 12 months in prison. Rasheed served his prison sentence at United States Penitentiary Lee, located in Jonesville, Virginia. Near the end of his prison term, the defendant was offered the opportunity to complete the incarceration portion of his sentence at the Volunteers of America Residential Reentry Center, commonly referred to as a “halfway house,” located at 175 Ward Street in Rochester. After being released from USP Lee, Rasheed absconded and never appeared at the Volunteers of America. The defendant remained at large until he was arrested on October 29, 2016, in Pittsburgh, PA.
Pennsylvania authorities allege that, following his escape but prior to his apprehension, Rasheed shot two individuals, killing one, during an attempted robbery. He defendant is under indictment in Pennsylvania and is scheduled to go to trial on murder and other charges on May 29, 2018, in Allegheny County, PA.
The trial verdict is the result of an investigation by the United States Marshals Service in Rochester, under the direction of Marshal Charles Salina, and the United States Bureau of Prisons, USP Lee.
Sentencing is scheduled for July 19, 2018, before Judge Charles J. Siragusa who presided over the trial of the case.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antoine Edwards, 42, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking and possession with intent to distribute cocaine, was sentenced to 66 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on July 9, 2016, Buffalo Police Officers responded to a shots fired call in Buffalo. A female caller reported that a male fired a gun into the air and then fled. When officers arrived at the scene, the caller identified the shooter as the defendant and gave the officers his address, and a description of his vehicle, as well as a physical description. The woman stated that she and Edwards were arguing when he fired shots in the air.
Later that night, officers saw the defendant’s car and performed an investigative stop. As they approached the vehicle, officers saw three open liquor bottles in the center console, a cup and a black Taser box. Officers asked the defendant if he had any weapons in the car and the defendant responded that he had a Taser. Edwards was removed from the car and the Taser was taken away.
A drawstring bag on the driver’s seat contained a loaded gun, powder cocaine, and a scale containing white residue.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Buffalo Man Pleads Guilty to Selling Cocaine and FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rashawn Brown, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, crack cocaine and fentanyl. The charge carries a maximum penalty of 30 years in prison and a $20,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on four occasions between March 31, 2017, and April 24, 2017, the defendant sold crack cocaine to an undercover officer working with the Lackawanna Police Department. On one occasion, Brown also sold both fentanyl and crack cocaine to the undercover officer.
The defendant was previously convicted in September 2012 in Erie County Court of Criminal Possession of a Controlled Substance in the Fifth Degree, a felony.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for August 1, 2018, before Judge Arcara.
Amherst Man Pleads Guilty to Health Care Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Umar Adeyola, 48, of Amherst, NY, pleaded guilty to conspiracy to commit health care fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant founded, organized, and managed the HEART Foundation, a not-for-profit organization intended to assist area youths, and Heart Community Alliance (“HCA”), a related for-profit organization, intended to provide clinical services, such as counseling and psychotherapy, to youths. Through his role with those organizations, Adeyola engaged in two major fraud schemes.
The first scheme involved attempts by the defendant, on behalf of HCA, to defraud private insurance companies Blue Cross Blue Shield, Independent Health, and Univera. Adeyola arranged for the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed. The bills falsely represented that the services had been rendered by properly licensed and credentialed social workers when, in fact, the services had actually been provided by other individuals, including interns. The scheme included the submission to the same insurance companies of bills for services which purported to have been rendered by a social worker who was actually hospitalized and/or deceased on the dates of service claimed.
In addition, Adeyola falsified documents in response to an audit of HCA by Independent Health. During the course of the audit, the defendant made materially false statements to representatives of Independent Health, with respect to the deceased social worker who he claimed had rendered services at HCA.
The second scheme involved Adeyola’s theft of government funds in the form a federally funded grant received by the Heart Foundation. Specifically, in April 2013, the Heart Foundation was selected to be a recipient of a Department of Labor grant, administered by the Latino Coalition, an entity in California. Adeyola submitted in excess of 30 false and fraudulent reimbursement requests for grant funds, resulting in payment of approximately $135,000 to the Heart Foundation.
The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Peter Nozka, Acting Special Agent-in-Charge of the New York Region; the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent in Charge Scott Lampert.Sentencing is scheduled for July 23, 2018, before Judge Vilardo.
Founder of Not for Profit Organization Convicted of Stealing United Nations Grant Funds SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Steve S. Jabar, of Tonawanda, NY, who was convicted following a jury trial of conspiracy to commit wire fraud, wire fraud and making false statements, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that Jabar, and co-defendant Deborah Bowers, founded a not for profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.
Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.
During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.
Deborah Bowers is awaiting sentencing.
“Following a five-week trial, a jury returned a verdict convicting defendant Jabar of conspiring to commit wire fraud, engaging in wire fraud, and making materially false statements,” said U.S. Attorney Kennedy. “Notwithstanding that verdict, the trial judge found that the government’s evidence regarding harm to be lacking such that defendant’s wire fraud convictions could not be sustained. Notably, however, the Court found no infirmity in the defendant’s conviction for making a materially false statement to Special Agents of the Internal Revenue Service and the Federal Bureau of Investigation. That statement came when the defendant falsely told agents that the entire $350,000 grant from the United Nations was sent to Iraq for the radio station, with the exception of expenses totaling no more than $10,000. In truth and in fact, however, the defendant used tens of thousands of dollars of the UNIFEM grant money to pay his personal loans and expenses. Such monies were not sent to Iraq for purposes of the radio station. Despite the defendant’s criticism of the government, his anger is misplaced. The only person he has to be mad at is himself. The job of the prosecutors in my Office and the job of our law enforcement partners is impartially to enforce the law. That is precisely what happened here—nothing more and nothing less. I commend Assistant United States Attorneys Marie Grisanti and Mary Ellen Kresse and the fine men and women of the IRS and the FBI for their efforts in this case. The defendant could have avoided this entire ordeal simply by being completely honest, forthright, and transparent in all of his dealings with the government. His refusal to do that is precisely what landed him before a federal judge for sentencing today.”
Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Delta Sonic Employee Pleads Guilty in Connection with Oil Discharge into Cayuga CreekRead 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, 46, of Lancaster, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to making a materially false statement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on July 18, 2016, the New York State Department of Environmental Conservation 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.
“The Great Lakes, the Niagara River, and its tributaries are among the most precious natural resources in our community,” stated U.S. Attorney Kennedy. “We will continue to work vigilantly with our federal, state, and local partners to preserve and protect those valuable resources and to prosecute those whose actions bring them harm.”
“The failure of this defendant to supply accurate and timely information on this spill delayed a speedy response to rectify this environmental threat,” said NYS-DEC Commissioner Basil Seggos. “DEC’s spill response experts are on the frontlines every day protecting New Yorkers when incidents happen and need correct information to guide on-the-ground remediation efforts. I applaud the work of our DEC Investigators, the United States Attorney’s Office for the Western District of New York and the Environmental Protection Agency for bringing this case to fruition.”
The plea 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.
Sentencing is scheduled for August 23, 2018 at 3:00 p.m. before Judge Wolford.
Buffalo Man Sentenced to 20 Years on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Clarence Adams, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 250 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The packages contained a total of five kilograms of cocaine. Adams recruited five individuals to receive the packages. He and co-defendant Robert Hall paid those receiving the packages in money or crack cocaine. A total of 19 packages were shipped from Texas to Buffalo, and each package contained at least one kilogram of cocaine.
Robert Hall was previously convicted and is awaiting sentencing.
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 Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Cheektowaga Police Department, under the direction of Chief David Zack.
Buffalo Man Pleads Guilty to Tax Evasion; Owes over 1 Million Dollars to the IRSRead the Press Release
Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney James P. Kennedy, Jr. announced today that Dorian Wills, 52, of Buffalo, NY, pleaded guilty to tax evasion before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
According to documents and information provided to the court, between April 2010 and October 2013, the defendant operated a debt collection business under various names, including Heritage Capital Services LLC; Performance Payment Processing LLC; Performance Payment Service LLC; Pinnacle Payment Service LLC; and Velocity Payment Solutions LLC. Wills resided in the Western District of New York but spent significant time in Cleveland, Ohio, and Atlanta, Georgia, where the debt collection companies were located. From approximately November 2010 through approximately October 2013, the defendant operated a business called Freestar World LLC, through which he did work for the debt collection companies.
The debt collection companies engaged in illegal debt collection practices such as making threatening and harassing phone calls, and collecting on debt that did not exist or debt to which the debt collection companies did not have title. To avoid detection by state and federal law enforcement authorities, Wills solicited two individuals to assist him with his businesses.
The defendant had these individuals incorporate several debt collection companies in Georgia and Ohio, open dozens of bank accounts in the names of the debt collection companies, and submit applications for merchant accounts in the names of the debt collection companies.
Between 2010 and 2013, none of the debt collection companies filed a tax return. In addition, Wills failed to file his 2011 and 2013 personal income tax returns, despite some of the debt collection companies earning approximately $4,000,000 in gross receipts.
For the tax year 2012, the defendant filed a personal income tax return but the return did not include income information from any businesses, some of which earned nearly $5,000,000 in gross receipts in 2012, except for Freestar.
As a result of unreported income and the unpaid 2012 taxes, the defendant owes $1,209,537.88 in federal income taxes for tax years 2011 through 2013.
Previously, Wills and the debt collection companies were the subject of a civil investigation by the Federal Trade Commission, with the defendant and the FTC stipulating to a final order for permanent injunction on August 8, 2014.
U.S. District Judge Elizabeth A. Wolford scheduled sentencing for Aug. 23, 2018. Wills faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release, restitution and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, AUSA Marie P. Grisanti, and Tax Division Trial Attorneys Jason M. Scheff and Thomas F. Koelbl, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Buffalo Man Pleads Guilty to Tax Evasion; Owes over $1,000,000 to the IRSRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division announced today that Dorian Wills, 52, of Buffalo, NY, pleaded guilty to tax evasion before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
According to documents and information provided to the court, between April 2010 and October 2013, the defendant operated a debt collection business under various names, including Heritage Capital Services LLC; Performance Payment Processing LLC; Performance Payment Service LLC; Pinnacle Payment Service LLC; and Velocity Payment Solutions LLC. Wills resided in the Western District of New York but spent significant time in Cleveland, Ohio, and Atlanta, Georgia, where the debt collection companies were located. From approximately November 2010 through approximately October 2013, the defendant operated a business called Freestar World LLC, through which he did work for the debt collection companies.
The debt collection companies engaged in illegal debt collection practices such as making threatening and harassing phone calls, and collecting on debt that did not exist or debt to which the debt collection companies did not have title. To avoid detection by state and federal law enforcement authorities, Wills solicited two individuals to assist him with his businesses.
The defendant had these individuals incorporate several debt collection companies in Georgia and Ohio, open dozens of bank accounts in the names of the debt collection companies, and submit applications for merchant accounts in the names of the debt collection companies.
Between 2010 and 2013, none of the debt collection companies filed a tax return. In addition, Wills failed to file his 2011 and 2013 personal income tax returns, despite some of the debt collection companies earning approximately $4,000,000 in gross receipts.
For the tax year 2012, the defendant filed a personal income tax return but the return did not include income information from any businesses, some of which earned nearly $5,000,000 in gross receipts in 2012, except for Freestar.
As a result of unreported income and the unpaid 2012 taxes, the defendant owes $1,209,537.88 in federal income taxes for tax years 2011 through 2013.
Previously, Wills and the debt collection companies were the subject of a civil investigation by the Federal Trade Commission, with the defendant and the FTC stipulating to a final order for permanent injunction on August 8, 2014.
Judge Wolford scheduled sentencing for Aug. 23, 2018. Wills faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release, restitution and monetary penalties.Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, AUSA Marie P. Grisanti, and Tax Division Trial Attorneys Jason M. Scheff and Thomas F. Koelbl, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Williamsville Couple SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shaheen Hassanali, 45, and her husband, Riyaz Hassanali, 57, both of Williamsville, NY, were each sentenced to one year probation by U.S. District Judge Richard J. Arcara. Shaneen Hassanali, who was convicted filing a false tax return, was also ordered to pay restitution totaling $248,606 to the Internal Revenue Service. Riyaz Hassanali was convicted of receiving and delivering misbranded drugs.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that for the tax years 2006-2009, Shaheen Hassanali filed false joint income tax returns for herself and her husband. The defendant substantially under-reported the income earned from her husband’s medical practice.
In addition, between 2009 and 2011, Riyaz Hassanali ordered, and administered to patients, a misbranded, and non-FDA approved, foreign market product, similar to the prescription drug Dysport, a prescription drug commonly used in cosmetic procedures.
The sentencings are the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the U.S. Food and Drug Administration, Office of Criminal Investigations, under the direction of Jeffrey Ebersole, Special Agent-in- New York Field Office.
Clarence Investment Advisor Pleads Guilty to Bilking Clients Out of Hundreds of Thousands of DollarsRead 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 Giokas, 58, of Clarence, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud for defrauding numerous clients of his investment advisory firm out of hundreds of thousands of dollars. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that the defendant was a financial advisor and president of Giokas Wealth Advisors, located in Clarence. In that role, Giokas provided financial advisory services to more than 40 individual clients.
Between May 2017 and October 2017, the defendant persuaded certain clients to withdraw money from their investment accounts at Nationwide Mutual Insurance Company and invest the money in a company called Trinity Council, LLC. Giokas claimed that Trinity Council was a fund that invested in private corporations; that investments were guaranteed to earn interest between eight and nine percent per year; and that investment principal was guaranteed. The defendant also provided a fraudulent promissory note to one of his clients to convince the client that his investment in Trinity Council was legitimate.
Trinity Council was actually a shell company that engaged in no investment or business activity. Giokas was the sole member and only owner of Trinity Council, and the only person with signature authority on its bank accounts, which the defendant opened for the purpose of executing this scheme to defraud.
In a separate scheme, between 2015 and October 2017, Giokas prompted Nationwide to transfer money from his clients’ Nationwide accounts to the defendant under the guise of “fee requests.” Giokas claimed that he was entitled to the requested money as investment advisory fees, despite the fact that the requested amounts greatly exceeded what the defendant was entitled to pursuant to his fee agreements with his clients.As a result of the two schemes, Giokas defrauded clients out of $1,473,396.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for July 20, 2018, at 1:00 p.m. before Judge Arcara.
Tonawanda Man Pleads Guilty to Distributing FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dominique McDowell, 26, of Tonawanda, NY, pleaded guilty to possession with intent to distribute, and distribution of butyryl fentanyl and U-47700, before U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the investigation began with the overdose death of an individual in the Town of Amherst. Subsequent investigation determined that between March 30, 2017, and April 18, 2017, the defendant sold butyryl fentanyl and U-47700 to undercover law enforcement officers on five separate occasions in the Town of Amherst and Tonawanda. In addition, between December 2016 and April 18, 2017, McDowell sold heroin to confidential sources on multiple occasions.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the Tonawanda Police Department, under the direction of Chief Jerome Uschold; and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for July 28, 2018, before Judge Arcara.
Tonawanda Man Pleads Guilty to Distributing 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 Dakkar Young, 23, of Tonawanda, NY, pleaded guilty to distribution of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in May 2017, the defendant uploaded eight pictures containing child pornography onto a social networking site. In December 2017, a search warrant was executed at the Young’s home and various electronics were seized. A forensic examination of the defendant’s cell phone revealed images of child pornography as well as videos of Young sexually abusing a child under the age of 16. As part of the plea, the defendant admitted to producing child pornography of the child.
The plea is the result of an investigation by the New York State Police ICAC Task Force, under the direction of Major Edward Kennedy, and Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for July 27, 2018, at 9:30 a.m. before Judge Vilardo.