Western District of New York
Press releases recorded for this federal judicial district.
Justice Department Announces Nationwide Initiative to Combat Sexual Harassment in HousingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY — As the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions yesterday announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.
“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”
“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”
“It is fitting that we acknowledge the 50th Anniversary of the Fair Housing Act by announcing this initiative to increase awareness and reporting of sexual harassment in housing,” stated U.S. Attorney Kennedy. “No one should live in fear of unwanted sexual advances or attacks, nor should they fear losing their homes if they report such activities. All people have the right to feel safe in their own home. My Office, with our federal partners, will continue to do all that we can to protect that right and to bring to justice those whose behavior endangers it.”
In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in Washington, D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters. The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.
The two pilot programs generated an upswing in harassment reporting to the Department from both D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.
Because of these promising results, the Department is rolling out three major components to the Initiative.
First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.
Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to [email protected], or contact HUD at 1-800-669-9777. If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
Five Defendants Indicted for Selling Heroin and Fentanyl That Led to the Deaths of Six IndividualsRead 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 23-count indictment charging four defendants with conspiracy to distribute one kilogram or more of heroin and 400 grams or more of fentanyl. Charged in the conspiracy are:
• Robert Moore, a/k/a Fonz, a/k/a Charmy, 39 of Williamsville, NY;
• Reese Moore, a/k/a Detroit, 25 of Buffalo; NY
• Kevin Abernathy, a/k/a B, 31 also of Buffalo; and
• Joshua Levine, 21 of Lancaster, NY.Robert Moore is also charged with five counts of causing death from the distribution of heroin and/or fentanyl and 12 counts of possession with intent to distribute, and distribution, of heroin, fentanyl, and butyryl fentanyl. Joshua Levine is charged with one count of causing death from the distribution of heroin and fentanyl and two counts of possession with intent to distribute, and distribution, of fentanyl. The additional charges against Robert Moore and Joshua Levine carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.
In addition to the conspiracy charge, Reese Moore (Robert’s brother) is charged with three counts of distribution of fentanyl and Kevin Abernathy is charged with one count of distribution of fentanyl. Those charges carry a mandatory minimum penalty of 10 years, a maximum of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, the defendants distributed heroin, fentanyl, and butyryl fentanyl for over two years in the City of Buffalo and surrounding areas. Many of the sales occurred on residential streets in Buffalo, in parking lots of businesses in Amherst and Lancaster, and several times at a local mall. The defendants are responsible for distributing thousands of doses of opiates and causing multiple overdoses, including the five charged deaths. The decedents include a 21-year-old Lockport woman, a 45-year-old Buffalo man, and three Lancaster men, ages 24, 31, and 36. All five were reportedly in treatment for their addictions when they relapsed and immediately overdosed from the potent fentanyl.
Robert Moore was arrested on March 16, 2017, after authorities executed a search warrant at his home on Glenwood Drive in Williamsville. Law enforcement officers recovered 200 doses of fentanyl inside the residence. Over $49,000 in cash, over $440,000 in jewelry, and a 2009 Audi S5 Quattro were also seized from Moore’s residence.
Levine was also arrested on March 16, 2017 following the execution of a search warrant at his residence on Aurora Street in Lancaster. Officers recovered 26 doses of fentanyl inside his residence.
Robert Moore and Joshua Levine have been detained since their arrest in March 2017. Reese Moore and Kevin Abernathy were arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. They are being held pending a detention hearing on April 17, 2018 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder.
In a separate case, a federal grand jury has returned a second superseding indictment charging Oliver Kimmons, a/k/a Ollie, a/k/a Ali, 49, of Lockport NY, with distribution of fentanyl causing death, conspiracy to distribute heroin and fentanyl, possession of heroin, fentanyl, and cocaine with intent to distribute, maintaining two drug-involved premises and human sex trafficking. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to the second superseding indictment, on January 30, 2015, the defendant distributed fentanyl which resulted in the death of an individual identified as “H.C.”Kimmons was previously indicted on other drug and sex trafficking charges. According to the previous indictment, over the course of three years, the defendant solicited young, opiate-addicted women to have sex with paying customers. In exchange, Kimmons provided the victims with drugs. The defendant drove the victims to farms, dairies, and Indian Reservations in Western New York where they engaged in sex acts with paying customers. Kimmons collected the money from customers and then “paid” his victims in heroin. The defendant also had sex with the victims in exchange for drugs.
“All told, at least six people lost their lives as a result of the conduct charged in these indictments,” said U.S. Attorney Kennedy. “Not only did those charged with causing the deaths of others peddle their poison for profit, but they did so by preying upon some of the most vulnerable members in our community. That makes them predators, and it is my Office’s job to work with our federal, state, and local partners in law enforcement, as we did here, to remove predators from our community.”
“This indictment is a significant step in bringing drug dealers to justice for causing overdose deaths as a result of their illegal actions,” stated DEA Special Agent-in-Charge James J. Hunt. “I commend the men and women who worked diligently on this investigation.”
New York State Police Superintendent George P. Beach stated, “The New York State Police and our Community Narcotics Enforcement Team remain committed to working with our partners in law enforcement to identify dealers, put them out of business and to send a clear message to anyone trafficking these dangerous and deadly drugs - you will be found, you will be prosecuted, and you will go to prison.”
Amherst Police Chief John Askey stated, “Our communities, families and friends continue to suffer as the result of the opiate epidemic. This case demonstrates the determination and commitment of law enforcement at all levels in Western NY. We will aggressively investigate, arrest and prosecute those individuals and groups that deal and profit while knowing the devastating effects of their actions. Congratulations to the law enforcement professionals and prosecutors for your outstanding work.”
These indictments 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; the Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Chief Michael Niethe; the Depew Police Department, under the direction of Chief Stan Carwile; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Buffalo Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a Jay Neal, 39, of Buffalo, NY, pleaded guilty to eight counts including conspiracy to possess with intent to distribute 100 grams or more heroin, possession with intent to distribute, and distribution of, heroin, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking activity, being a felon in possession of a firearm, and possession of a defaced firearm before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 45 years, and a $5,000,000.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on October 20, 2015, Neal sold a quantity of heroin to a confidential source working with the Drug Enforcement Administration. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. Neal drove to a residence at 87 Mariner St. in Buffalo. About an hour later, Neal and co-defendant Quashawn Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in cash. A search warrant executed inside 87 Mariner recovered two guns, ammunition, 10 grams of heroin inside a dresser drawer, and multiple scales.In 1997, Neal was convicted in state court of Attempted Murder and Robbery in the 1st Degree. As a result of his convictions, Neal is legally prohibited from possessing a firearm.
Lawrence was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.Sentencing is scheduled for July 12, 2018 at 3:30 p.m. before Judge Geraci.
Buffalo Man Pleads Guilty to Cocaine Conspiracy Which Operated Near A Buffalo SchoolRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cleophus Dentmond, aka “Face,” 28, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, 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, or both.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant conspired with Stevie Alejandro who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant participated in the cocaine conspiracy with co-defendants Alejandro, Aaron Hill, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, Dentmond, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. All proceeds went back to Alejandro. A total of 14 cocaine sales took place with the undercover officer.
Charges are pending against defendants Hill, Guzman, and Ramos. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for July 25, 2018, at 1:00 p.m. before Judge Arcara.
Rochester Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Michael Krepp, 57, of Rochester, NY, pleaded guilty to possession of child pornography before U.S. District Judge Charles J. Sirgusa. The charge carries a mandatory minimum penalty of 120 months in prison and a maximum penalty of 240 months.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between September 9, 2017, and January 22, 2018, an FBI Special Agent, working undercover, discovered multiple files containing videos and images of child pornography. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files resolved to one utilized by the defendant. Digital media recovered from Krepp in February 2018 contained child pornography.
The defendant was previously convicted of Rape 3rd in State Court and is a registered sex offender.
The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for July 12, 2018 before Judge Siragusa.
Niagara Falls Woman Pleads Guilty in Debt Collection SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Debbie Seright, 52, of Niagara Falls, NY, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that Seright managed supposed debt collection agencies, which operated under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services and Elite Services. As a manager, the defendant directed and trained other employees to engage in fraudulent debt collection practices. Specifically, Seright and the employees she managed placed telephone calls to "debtors" throughout the United States and, in an effort to induce the "debtors" to make payments, used various fraudulent tactics, including falsely representing their identities, falsely threatening to arrest them, and claiming the existence of criminal charges against the "debtors.” The defendant and employees also routinely collected on debts which they knew had already been satisfied, and collected money from "debtors" from whom they had already collected payment, deemed to be "easy targets." "Debtors" were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments.
Between July 2015 and December 2016, the section of the debt collection operation Seright participated in collected approximately $1,154,213.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; and the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss.
Sentencing is scheduled for July 24, 2018, at 1:00 p.m. before Judge Arcara.
Michigan Man Sentenced for Stealing Xerox TonerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Miedel, 42, of Michigan, who was convicted of conspiracy to transfer stolen property in interstate commerce, was sentenced to 12 months in prison by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to pay restitution to Xerox in the amount of $1,031,680.24.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the Xerox Company provides branded printing toner to customers who have entered into lease contracts for office equipment. As part of a lease, the customer is invoiced a flat rate per month for office equipment, including printers, copiers, scanners, multifunction devices, and graphic arts production equipment. In order to operate each piece of equipment, supplies are required, including toner. The supplies can be expensive to buy individually, so Xerox offers an “all-inclusive” contract. Xerox provides the supplies and the customer pays the company based on the number of prints made with the supplies. The supplies must be consumed by the customer and at all times remain the property of Xerox until consumed in the leased equipment.
In August 2015, Miedel contacted employees of a logistics company who worked at the company’s warehouse in Charlotte, North Carolina where Xerox supplies, which had been returned by customers, were being stored. The defendant told employees that he wanted to purchase the returned supplies. On September 11, 2015, Miedel traveled to North Carolina to purchase the supplies for himself and his partner, who also resided in Michigan. Miedel purchased 92 units of Xerox supplies for which he paid the warehouse employees $1,800 in cash. The defendant then drove the stolen supplies to Michigan where they were sold.
In September 2015, Miedel began purchasing stolen Xerox supplies from a person he believed was a logistics company employee in Webster, NY. Between September 15, 2015, and March 2016, the defendant traveled to Webster several times to purchase what he believed were stolen Xerox supplies worth approximately $200,000. The total loss to Xerox from Miedel’s conduct was $1,031,680.24.
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.Rochester Man Sentenced in Firebombing CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Taj R. Williams, 33, of Rochester, NY, who was convicted after a jury trial of arson and unlawful possession of Molotov cocktails, was sentenced to 104 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Douglas E. Gregory, who handled the prosecution of the case, stated that on January 18, 2015, Williams used a tire iron to shatter the front glass door of the Chili Express Mini Mart located at 989 Chili Avenue in Rochester. The defendant then removed three Molotov cocktails from a bag, each of which he lit and threw inside the store. All of the devices exploded, causing extensive fire damage to the interior structure and its merchandise.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Rochester Fire Department, under the direction of Chief John Schreiber; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Niagara County Man Sentenced on Child Pornography and Cyberstalking 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 Travis Guerriera, 28, of Olcott, NY, who was convicted of possession of child pornography and cyberstalking, was sentenced to 57 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Mary C. Baumgarten, who handled the case, stated that in September 2015, a female victim reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that the female victim sent to her then-boyfriend when she was about 14 years-old. During the investigation, it was determined that co-defendant Timothy Laubacker was the individual who had contacted the female victim on Facebook. The investigation further determined that defendant Guerriera, who had possession of the images that the victim had previously shared with her former boyfriend, had provided such images to Laubacker.
Timothy Laubacker was previously convicted and sentenced to 180 months in prison.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.
Canadian Woman Pleads Guilty to Smuggling Thousands of Dollars at the Peace BridgeRead 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 Liliya Dzyuba, 42, a Ukraine National and citizen of Canada, pleaded guilty to bulk cash smuggling before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison, and a fine of $250,000
Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that on January 25, 2018, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. During her primary inspection, Dzyuba stated that she was traveling with $5,000 in U.S. Currency. The defendant signed the CBP Customs Declaration Form indicating that she was not carrying over $10,000. During a secondary inspection, CBP Officers told Dzyuba that she was going to be patted down and was asked again if she had any additional money on her. The defendant then admitted that she was carrying $35,000.00 around her waist and hidden in her pants. Dzyuba was searched and officers recovered four black zipper pouches concealed around her waist, which contained a total of $37,000. In addition, $5,373 was found in the defendant’s wallet, for a total amount of $42,373.
The plea is the result of an investigation by agents of Immigration and Customs Enforcement, Homeland Security Investigations under the direction of Special Agent-in- Charge Kevin Kelly, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for June 1, 2018, at 12:30 p.m. before Judge Vilardo.
Buffalo Man Charged with Selling Heroin Linked to the Death of A Hamburg ManRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyrone Green, 24, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that the charge in the complaint stems from an investigation into an overdose death that occurred in Hamburg, NY on March 26, 2018. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Green as the decedent’s supplier. Law enforcement officers then set up a controlled purchase of heroin from the defendant. When Green arrived to sell the heroin, he was arrested and found to be in possession of heroin.
The complaint is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Drug Enforcement Administration, under the direction of Special-Agent-in-Charge James J. Hunt.
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.
Two Jamestown Men Arrested on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Craig Anderson, 27, and Robert Lincoln, 26, both of Jamestown, NY, were arrested and charged by criminal complaint with conspiracy to make false statements to purchase firearms, which carries a mandatory penalty of five years in prison. In addition, Anderson is charged with possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking crimes which are punishable by a mandatory minimum five years in prison and a maximum of life in prison.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, the Ellicott Police Department received complaints from area residents regarding suspected drug dealing at Anderson’s residence. According to residents, there were frequent and short visits by a number of people driving a variety of vehicles. As a result, law enforcement officers conducted controlled purchases of cocaine from Anderson at his residence on Willard Street Extension. Law enforcement officers learned during those controlled drug sales that Anderson had a number of firearms at his residence.
On March 9, 2018, law enforcement officers executed a search warrant at Anderson’s residence and recovered cocaine, marijuana, drug paraphernalia, 14 firearms, and ammunition. The defendant was taken into custody at the scene.
Subsequent investigation determined that at least three of the firearms were purchased by defendant Lincoln at a sporting goods store in Russell, Pennsylvania. According to the complaint, Lincoln completed the required federal forms stating that he was the purchaser of the firearms, but shortly thereafter, he turned the firearms over to Anderson.
Law enforcement officers reviewed a Facebook page believed to be operated by defendant Anderson. One post read, "I gotta bout 30 guns and I love em all the same bang bang 'merica." Another Facebook user commented, "And get them all taken the same when they say you can't have them anymore." Anderson responded, "They' re gonna have to kill me mane [sic]."
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Ellicott Police Department, under the direction of Chief William L. Ohnmeiss, Jr.
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 Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Milton, Sr., 42, of Buffalo, NY pleaded guilty to production of child pornography, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a fine of $250,000.
Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that on August 14, 2015, the defendant coerced a 17 year-old minor (Victim 1) to engage in sexual intercourse and oral sexual activity inside a 2003 Chevrolet Tahoe vehicle that Milton owned at the time. The defendant also produced visual depictions of the sexual activity using a cellular telephone which were then were stored a hard drive. The investigation determined that Milton engaged in sexual contact with Victim 1 on various occasions between at least December 21, 2014, and November 6, 2015. During that sexual contact, the defendant used his cellular telephone and a camera to create images and videos of Victim 1 engaging in sexually explicit conduct which he stored on different electronic storage devices.
Milton was previously convicted of Rape in Erie County Court involving Victim 1 and another minor female.
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, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for July 12, 2018, at 2:30 p.m. before Judge Geraci.
Rochester Couple Charged with Sexually Exploiting A 10 Year Old ChildRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bonnie Hughes and John Kohlmeier, Jr., both of Greece, NY, were arrested and charged by criminal complaint with production, receipt, and possession of child pornography, and coercing and enticing a minor to engage in unlawful sexual activity. The charges carry a mandatory minimum sentence of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, in early 2018, defendant Kohlmeier was having sexually explicit conversations with a 10-year female (minor victim) via cellular telephone. On March 19, 2018, defendant Hughes, at Kohlmeier’s request, took two sexually explicit photographs of the minor victim. Subsequently, Kohlmeier and Hughes engaged in sexual conduct with the minor victim.The Greece Police Department previously arrested Kohlmeier and Hughes, and they are currently be held in state custody on state charges.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Greece Police Department, under the direction of Chief Patrick D. Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
The 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 Gun 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 Jimmy Lee Barner, 35, of Buffalo, NY, who was convicted of being a felon-in-possession of a firearm and violating supervised release, was sentenced to 70 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on December 7, 2016, Amherst, NY police officers stopped a vehicle in connection with a report of larceny from a Kohl’s department store on Transit Road in Williamsville, NY. The defendant was one of four occupants and was sitting in the front passenger seat. Stolen merchandise was recovered from some of the occupants.
A subsequent search of the vehicle for additional items of stolen property resulted in the seizure of a .380 caliber semi-automatic pistol from the glove box. The firearm was loaded with nine rounds of ammunition. Subsequently, a DNA sample was taken from Barner to compare with DNA collected from the firearm. Testing confirmed that the defendant’s DNA was on the firearm.
Barner was previously convicted of local charges in Erie County Court as well as federal charges in the Western District of New York of and is legally prohibited from carrying a firearm.
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Amherst Police Department, under the direction of Chief John Askey.Third Defendant Pleads Guilty in Sex Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Feng Yang Chen, 43, of Flushing, NY, pleaded guilty to with conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business and using the internet to promote prostitution before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 10 years in prison and a $500,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that between March 2011 and March 2016, Chen operated a multi-state prostitution organization. The defendant posted advertisements on Backpage.com and operated a call center from her home in Flushing, Queens that scheduled meetings between prostitutes and their clients. This led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.
The defendant, who worked with co-defendants Chengqi Li and LiangLiang Guo, victimized at least 12 individuals who traveled state to state to engage in prostitution in various hotels. Some of the victims were recruited from China. Chen used threats of violence and deportation against the victims and their families to force participation. The prostitution organization posted more than 6,000 advertisements and generated more than $2,000,000 annually in proceeds.
The Government is seeking the forfeiture of approximately $450,000 in proceeds from the illegal prostitution activities; proceeds from the sale of a property located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy.
Defendants Li and Guo were previously convicted and are awaiting sentencing.
"In this disturbing case, the defendant was a member of a trafficking and prostitution organization that made millions of dollars each year preying upon at least a dozen young women,” said U.S. Attorney Kennedy. “The defendant, together with her codefendants, used threats of violence against these women, together with threats of deportation—both against the women and their families—to force them to work as prostitutes across the United States. The depravity involved in such exploitation is remarkable."
“Human trafficking is a horrific crime where the most vulnerable of our society are preyed upon and exploited,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “HSI Special Agents and our partners have implemented proven strategies to target these criminal organizations involved in order to protect our communities and arrest those who prey on others.”
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.
Chen is scheduled to be sentenced on August 1, 2018, at 2:00 p.m. before Judge Vilardo.
Niagara Falls Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Randy Colucci, 33, of Niagara Falls, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the criminal complaint, in April 2017, a Department of Homeland Security Investigations Special Agent, working undercover, discovered multiple files containing videos and images of child pornography being shared on a peer to peer website. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files was utilized by the defendant, which led to the execution of a search warrant at Colucci’s residence. Digital media recovered from the defendant contained child pornography.
Colucci is currently on New York State parole for a 2011 manslaughter conviction, involving the death of his two-year old daughter.
The defendant is being held pending a detention hearing on April 12, 2018, at 9:30 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The criminal complaint 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 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 Sentenced on Oxymorphone and Marijuana 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 Troy Gillon, Jr., 25, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution of, oxymorphone, possession with intent to distribute THC and marijuana, and maintaining a drug-involved premises, was sentenced to 18 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on three separate occasions between October 26 and November 29, 2016, the Drug Enforcement Administration conducted controlled purchases of oxymorphone from the defendant. On December 16, 2016, a federal search warrant was executed at the Gillon’s residence on Dysinger Road in Lockport. Agents recovered 95 vials and five mason jars containing marijuana, eight oxycodone tablets, 113 marijuana tablets, various marijuana chocolate chip cookies and gummy bears. In addition to the drugs, two packages of clear plastic baggies for drug distribution, a drug ledger containing drug distribution transactions, three digital scales, six cellular telephones, a Micro SD sim card, a 14-karat gold diamond bracelet, and $2,243.65 in U.S. currency. The money and bracelet were acquired as illegal drug sales proceeds. The drugs seized from the house were for distribution in the community and the defendant maintained his home as a drug premises.
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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Lockport Police Department, under the direction of Chief Michael Niethe.Canadian Man Sentenced on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy announced today that Harvey Peake, 61, of Canada, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to 87 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Michael Adler and Patricia Astorga, who handled the case, stated that in 2013, Peake recruited co-defendant John Lambert to assist in the transporting of illegal narcotics for distribution. On October 3, 2016, Peake and Lambert traveled to the Seneca Buffalo Creek Casino in downtown Buffalo to hand off 10 kilograms of cocaine. The two men met briefly with a third individual in the casino and then walked towards the parking garage where Peake’s vehicle was parked. Lambert got into the driver’s seat and tapped the brake lights to signal their location to the third individual. Peake then opened the trunk of and removed a suitcase. The third individual pulled up next to the vehicle and Peake attempted to give the suitcase to the individual. Peake and Lambert were then arrested. Law enforcement officers seized the suitcase, which contained approximately 10 kilograms of cocaine.
Lambert was convicted and sentenced to 63 months in prison.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Buffalo Woman Sentenced for Access Device Fraud and Aggravated I-D TheftRead 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 Teria Baker, also known as Tiara Baker, 25, of Buffalo, 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 34 months in prison. The defendant was also ordered to pay approximately $143,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that from October 2013 to December 2013, the defendant and others traveled to Walmart stores and other retail establishments in Western New York where they used unauthorized credit cards. The cards were obtained without the true account holder’s knowledge or authority. Baker and others purchased $500 store gift cards and other merchandise totaling in excess of $160,000.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss of the Boston Division, and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.
Hamburg Man Who Fled Country Sentenced for Wire 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 Michael Wilson, 31, formerly of Hamburg, NY, who was convicted of wire fraud, was sentenced to 108 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Scott S. Allen Jr., who handled the criminal case, and Richard D. Kaufman, Chief of the U.S. Attorney’s Office’s Asset Forfeiture and Financial Litigation Unit, stated that Wilson defrauded investors out of more than $10,000,000 between June 2008 and July 2010. The defendant created several fraudulent investment companies known collectively as “New Frontier,” including such names as “Phantom Holdings” and others, all purportedly located at 6553 Boston State Road in Hamburg, adjacent to his residence. Wilson thereafter induced individuals and companies to invest in financial instruments with complex sounding names, such as “leveraging agreements,” that promised high-yield earnings and returns.
Rather than investing clients’ money, the defendant spent it on a variety of personal items, including $2,500,000 for a down payment for Boston State Road properties, automobiles - including a Hummer, a Corvette, two Land Rovers, and a Mercedes ML 500 - artwork, and other items. In addition, in January 2009, Wilson paid $1,800 to hire an actor from a talent agency to portray a person using the name of his alias “George Possiodis,” which name and persona the defendant used during his scheme.
As part of his sentence, a judgement in the amount of $5,617,750.00 has been entered against him. This will allow the government to forfeit the proceeds of his fraudulent activities along with any interest he has in several bank accounts in Canada, Singapore, and the Grenadines. The defendant also forfeited his interest in two condominiums in downtown Toronto, a bank account in Singapore containing over $60,000, as well as $50,000 in lieu of two villas he had built in Vietnam. Early on in the investigation, the Government seized and forfeited Wilson’s luxury automobiles and expensive artwork. In 2017, four accounts, which contained approximately $950,000, at the Euro Pacific Bank were forfeited by Judge Skretny. Finally, Wilson transferred ownership to the Government of several computers and smart phones he used in his fraudulent investment schemes. The government plans to use all of the forfeited proceeds towards victim restitution.
Wilson, a dual citizen of Canada, traveled to the Toronto area after learning he was under investigation. After being arrested in Canada in July 2013, Wilson was released on conditions and challenged extradition to the United States in Canadian Courts. Before his final appearance in Canadian Court, in February 2016, Wilson chartered a private jet and flew to Vietnam with his wife, mother, and three dogs. Wilson was arrested in Vietnam in June 2016, and returned to the United States in December 2016.
“Despite his efforts to flee and to hide, Michael Wilson was ultimately unable to outrun or escape his criminal past,” said U.S. Attorney Kennedy. “Although his fraud and dishonesty gave him temporary possession of luxury items, including residences around the globe, fancy cars, and expensive works of art, the one thing that he will be able to hold onto the longest will be the bars of his jail cell. Fortunately, through the tremendous work of this Office and our law enforcement partners, we were able to forfeit significant assets, which will be used to help to make restitution to the victims of Wilson’s crimes. Hopefully, today’s lengthy sentence, combined with the forfeiture of Wilson’s ill-gotten gains will help to send the message that truly ‘crime does not pay,’ thereby deterring others from ever engaging in similar conduct.”
"By the time Michael Wilson was 21 years old, he was comfortable stealing money from people, and he was good at it," said FBI Buffalo Acting Special Agent-in-Charge Kevin P. Lyons. "When he realized his investment schemes were unraveling he became even better at trying to hide that stolen money -- and himself -- in multiple countries across the globe. Today, almost 10 years later, Michael Wilson found out the real cost of his crimes. The FBI is committed to protecting American citizens and pursing criminals wherever they try to hide."
The sentencing the result of an investigation by the Federal Bureau of Investigation, under the direction of Kevin P. Lyons, Acting Special Agent-in-Charge; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge, New York Field Office, James D. Robnett; Toronto Police Service; Vietnam Ministry of Public Security; and other law enforcement partners, including LEGAT, Seoul, Korea, and the U.S. State Department.Wrong Turn Leads to Drug Arrest of Two Men for Possession with Intent to Distribute CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jose Miguel Cedeno-Olivencia, 44, and Pablo Diaz-Pena, 28, with ties to both New Jersey and Puerto Rico, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. The charges carry a minimum penalty of five years, a maximum penalty of life, and a $5 million fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on April 1, 2018, at approximately 3:45 a.m., the defendants took a wrong turn on the Peace Bridge and were directed back to the United States by Canadian border officials. Upon return, U.S. Customs and Border Protection officers referred the vehicle to secondary inspection, where officers found a plastic Tupperware container between the rear seat and a subwoofer containing over a kilogram of cocaine powder, as well as $5,112.00 cash. The defendants claimed to be driving from New Jersey on vacation. Cedeno-Olivencia has a prior federal felony conviction for controlled substance distribution.
The defendants made an initial appearance on April 2, before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendants are being held pending a detention hearing.
The criminal complaint is the result of an investigation by the United States Department of Homeland Security, including Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Kevin Kelly, Special Agent-in-Charge; and Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
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 Felon Indicted for Possessing Stolen FirearmRead 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 two-count indictment charging Daniel Hunt, 41, of Lockport, NY, with being a felon-in-possession of a firearm and ammunition, and with possessing a stolen firearm. The charges carry a maximum penalty of 10 years imprisonment and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on September 21, 2017, Lockport Police Officers conducted a traffic stop of a 2013 Chevy Silverado, driven by Hunt, after reports that an individual driving a similar vehicle kicked bags of garbage into the canal. During the stop, Officers detected alcohol on Hunt’s breath and asked Hunt to perform sobriety tests. After Hunt failed the tests, Officers recovered a gun case containing a GSG-522, .22lr caliber, semi-automatic rifle, and 446 rounds from the vehicle. Hunt has three prior felony convictions in Niagara County Court.
The defendant was arraigned today before U.S. Magistrate Judge Hugh B. Scott. Hunt is being held until a detention hearing on Thursday.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; and Lockport Police Department, under the direction of Chief Mike 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.
Jamaican National Pleads Guilty to Drug Trafficking and BriberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Damion Christopher Alexander Brown, 42, a Jamaican National residing in Buffalo, NY, pleaded guilty, before U.S. District Judge William M. Skretny, to conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, and bribery of a public official. The charges carry a minimum penalty of 5 years in prison, a maximum of 40 years in prison and a $5,000,000.00 fine.
Special Assistant U.S. Attorney Jeremy Murray and Assistant U.S. Attorney Paul Bonanno, both of whom handled the case, stated that over a nine-month period between 2012 and 2013, Brown trafficked 100 kilograms or more of marijuana and bribed a United States Postal Service (USPS) carrier to deliver U.S. priority mail parcels filled with marijuana. Brown paid the USPS carrier to provide addresses of unsuspecting citizens, who lived along the carrier’s route in the City of Buffalo, to which parcels filled with marijuana could be mailed. When the boxes arrived in Buffalo, the postal carrier did not deliver the boxes to the listed recipient address, but instead, the carrier held on to the boxes and handed them directly to Brown in exchange for cash payments.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge, Kevin Kelly; the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss, Boston Division; the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Kenneth G. Cleevely; and the Amherst Police Department, under the direction of Chief John Askey.
Sentencing is scheduled for July 18, 2018, at 11:00 am before Judge Skretny.
5 Florida Men Indicted for Defrauding Xerox of $25 MillionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that the grand jury returned a 63-count superseding indictment against Robert Lee Fisher, David Haynes, Kyle Haynes, Jason Haynes and Bryan Day. The indictment charges the defendants with wire fraud, conspiracy to commit mail and wire fraud, and conspiracy to commit money laundering. The charges stemmed from a scheme to defraud Xerox Corporation of approximately $25 million. The charges each carry a maximum penalty of 20 years imprisonment and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendants reside near Daytona Beach, Florida. Fisher’s company RBM Imaging was an authorized reseller of Xerox Corporation’s office equipment. The other defendants (the “Haynes Defendants”) own Haynes Brother Furniture in Daytona.
Xerox Corporation, which is located in, among other places, Webster, New York, sells and leases office equipment, including printers. Xerox sells or leases the office equipment directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers, like the Haynes Defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox up-front for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.
The indictment alleges that the Haynes Defendants set up a sham company, HDH Graphics to obtain approximately sixty-three Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the Haynes Defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25 million worth of toner to HDH Graphics. The Haynes Defendants then sold the fraudulently obtained toner for approximately $11 million to an individual in Miami, Florida. The Haynes Defendants and Fisher shared the profits from the fraudulent sale of the Xerox consumables.
The indictment further alleges that the defendants repeatedly misrepresented to Xerox that the Haynes Defendants were making millions of prints with the toner, even though most of the printers were never taken out of their boxes. The defendants also provided Xerox with false usage profiles from the printers and false print samples that made it appear that the Haynes Defendants were making millions of prints and using much more toner than the industry average for each print.The indictment further alleges that the Haynes Defendants made financial transactions to avoid having to pay federal income taxes on the fraudulent proceeds they received for selling the toner. For example, the Haynes Defendants transferred fraudulent funds to themselves under the false pretense that they were entitled to monthly reimbursements for travel and freight expenses that they purportedly paid and incurred on behalf of HDH Graphics. The Haynes Defendants also paid one of Fisher’s sham companies to assist Fisher in avoiding paying federal income taxes on the fraudulent proceeds he received.
“The fraudulent scheme alleged to have been devised and used by the defendants essentially allowed them to sell property which did not belong to them,” stated United States Attorney James P. Kennedy, Jr. “While the program was designed to help Xerox customers by only having them pay for the materials they actually used, the defendants converted Xerox’s goodwill into their own windfall. Such dishonest business practices—the cost of which is often borne by the consumer—will not be tolerated.”
“These defendants allegedly engaged in a $25 million multi-year fraud scheme,” said Kevin Kelly, Special Agent in Charge of U.S. Immigration & Customs Enforcement, Homeland Security Investigations. “The reality is losses like these often get passed on to the consumer in the forms of higher prices, which is why we must hold the operators of these schemes accountable. HSI special agents dedicated to uncovering financial fraud will continue to aggressively investigate those who seek to blatantly disregard the law for their own financial gain.”
The indictment also seeks forfeiture of millions of dollars in funds and assets that the government has seized from the defendants.
The charges were the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office .
The defendants will be in Rochester on April 4, 2018, at 2:00 p.m. for their initial appearances before Magistrate Judge Jonathan W. Feldman.
Rochester Man Found Guilty of Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Joseph W. Peeples, III was found guilty after a jury trial of robbing the Chase Bank located at 1 South Clinton Avenue, Rochester, NY of $109,000. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Melissa M. Marangola and Katelyn Hartford, who handled the case, stated that on January 5, 2017, the defendant robbed the Chase Bank. Peeples was tracked by law enforcement to Binghamton, New York where he was arrested approximately 13 hours later. He left approximately $43,000 in a bathroom at the Trailways Bus Station and $10,000 in a taxi cab. Upon his arrest, law enforcement officers searched his hotel room and found $52,000. Peeples had just been released from federal prison for an unrelated bank robbery 6 days earlier. During the trial, Peeples acted as his own attorney. A jury deliberated for under one hour and returned a verdict on Friday, March 30, 2018.
The conviction is 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 Police Department, under the direction of Police Chief Michael Ciminelli.
Sentencing is scheduled for July 27, 2018 at 10:00 am before Chief Judge Frank P. Geraci, Jr.Six Defendants Charged in Superseding Indictment with 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 a federal grand jury has returned a superseding indictment charging six defendants with narcotics conspiracy and possession of firearms in furtherance of a drug trafficking crime. Named in the indictment are:
• Shawn Woods, 26, of Buffalo, NY;
• Mikel Lowe, 24, of Buffalo, NY;
• Aaron Mack, 26, of Buffalo, NY;
• Michael Walker, 26, of Buffalo, NY;
• Shameris Washington, 20, of Buffalo, NY; and
• Maurice Rice, 20, of Buffalo, NY.Some of the defendants are also facing additional charges of possession with intent to distribute fentanyl, heroin, butyryl fentanyl, furanyl fentanyl, and U-47700, maintaining a drug premises, and possession with intent to distribute crack cocaine and marijuana. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the superseding indictment, the defendants are charged with trafficking heroin, cocaine, crack cocaine, fentanyl and other illegal narcotics over the course of seven years in the Western New York area. The defendants are also accused of possessing numerous firearms in furtherance of their drug distribution activities.
A detention hearing is scheduled for the six defendants on March 30, 2018 at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on Gun 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 Brandon Dell, 27, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 72 months in prison by Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorneys Timothy C. Lynch and Patricia Astorga, who handled the case, stated that the defendant was arrested on February 11, 2014, after he sold a quantity of cocaine to an individual working with the Drug Enforcement Administration. After the sake was complete, DEA agents followed Dell to his girlfriend’s residence on Newfield Street in Lackawanna.
During a search of the residence, agents and Lackawanna Police officers recovered 633 grams of cocaine; 24 grams of marijuana; approximately $22,225 in United States currency; two digital scales; a money counter; three firearms; ammunition; and two ballistic vests. In addition, agents seized gold and silver valued at approximately $12,000.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Lackawanna Police Department, under the direction of Chief James Michel.
Washington State Company Pleads Guilty to Making A False Statement Involving A Federal GrantRead 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 National Technology Development, L.L.C. (NTD) pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to making a false statement. The judge then sentenced NTD to forfeit $500,000.
Assistant U.S. Attorneys Tiffany H. Lee and Grace M. Carducci, who handled the case, stated that on May 12, 2008, National Technology Development (NTD) provided a letter of support to United Environmental & Energy, L.L.C. (UEE) which is located in the Western District of New York. The letter of support, which was part of a grant application UEE submitted to the National Science Foundation, committed that NTD would provide a total of $100,000 to UEE in cost matching funds, when in truth and in fact, NTD actually provided only $55,000. The letter of support was a factor in the National Science Foundation's consideration of the grant application submitted by UEE.
The plea and sentencing are the result of a joint investigation by Special Agents with the National Science Foundation, Office of Inspector General, under the direction of Inspector General Allison Lerner; the Department of Energy, Office of Inspector General, under the direction of Principal Deputy Inspector General April G. Stephenson; and the Internal Revenue Service, Criminal Investigations, under the direction of Special Agent-in-Charge James D. Robnett, New York Field Office.
Rochester Man Pleads Guilty to Lying to an Fbi AgentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Michael Beers, 68, of Rochester, NY, pleaded guilty to making a false statement to an FBI special agent before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of eight years in prison and a fine of $250,000.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in February 2017, the FBI conducted a child pornography investigation during which an undercover agent downloaded four videos of child pornography directly from a device using an IP address belonging to the defendant at his residence on Lake Avenue in Rochester.
On March 10, 2017, the FBI executed a search warrant at Beers’ residence. Agents located a computer which contained file titles consistent with child pornography. The defendant was questioned regarding his use of the computer, at which point Beers willfully made materially false statements to FBI Agents. Specifically, the defendant denied having access to or using the computer, denied knowing the password for the computer, and denied that child pornography had been accessed, inadvertently or otherwise, on the computer. In reality, the defendant used the computer, personally set the password for computer, and had seen child pornography on the computer.
The plea is the culmination of an investigation on the part of Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for June 28, 2018 before Judge Siragusa.Canadian Man Sentenced in Case Involving Largest Seizure of Cocaine in District HistoryRead 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 Parminder Sidhu, 43, of Brampton, Ontario, who was convicted of conspiracy to export from the United States five kilograms or more of cocaine, was sentenced to 15 years (180 months) in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2009 and May 10, 2011, the defendant conspired with Michael Bagri, Ravinder Arora, Alvin Randhawa, Gursharan Singh, and Harinder Dhaliwal to export cocaine from the United States to Canada. In September 2010, Sidhu hired defendant Bagri to travel to California to pick up cocaine. Defendant Bagri then hid 97 kilograms of cocaine in a false compartment in the floor of a tractor trailer. The tractor trailer was then driven to Cheektowaga, NY where it was turned over to defendant Ravinder Arora. Defendant Arora then proceeded to Canada. At the Lewiston-Queenston Bridge, Special Agents with the Department of Homeland Security and Customs and Border Patrol seized the 97 kilograms of cocaine from the false compartment during a secondary inspection.
On May 1, 2011, Sidhu directed defendant Bagri to travel once again to California. After hiding another 26 kilograms of cocaine in another tractor trailer, the rig was driven to a truck stop in Pembroke, N.Y. The tractor trailer was then picked up by a driver hired by Parminder Sidhu. As the driver exited the truck stop, Bagri followed behind in another vehicle. Agents later stopped the tractor trailer and Sidhu’s vehicle and seized the 26 kilograms of cocaine.
During the execution of a search warrant at Sidhu’s residence in Canada, agents discovered drug ledgers which detailed nine addition smuggling trips in 2009 and 2010. These trips involved approximately 1,617 kilograms of cocaine being transported from the United States into Canada.
All six defendants have been convicted and sentenced.
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; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; the Peel Regional Police Department, under the direction of Chief Jennifer Evans; the Canada Border Services Agency, under the direction of Rick Comerford; Regional Director General, Southern Ontario Region; and the Toronto Police, under the direction of Chief William Blair.
Buffalo Man Sentenced on Heroin and Fentanyl 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 Francis Tessina, 45, of Buffalo, NY, who was convicted of possession with intent to distribute heroin and fentanyl, was sentenced to 48 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on March 9, 2015, the defendant sold heroin and fentanyl to an individual cooperating with law enforcement. The following day, as Tessina was again preparing to sell heroin and fentanyl to the same person, he was arrested.The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Evans Police Department, under the direction of Chief Douglas Czora.
Wellsville Man Sentenced on Methamphetamine 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 Derek Fagan, 33, of Wellsville, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine, was sentenced to 30 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handling the case, stated that between January of 2011 and October 25, 2012, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restrictions on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Fagan engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Region; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.
Buffalo Man Pleads Guilty to Selling Cocaine Near A Buffalo SchoolRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Stevie Alejandro, 31, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant utilized the barber shop to facilitate a drug distribution network. Alejandro conspired with co-defendants Aaron Hill, Cleophus Dentmond, a/k/a Face, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, the defendant, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. Co-conspirators who conducted any transactions returned the proceeds to the defendant. A total of 14 cocaine sales took place with the undercover officer.
Charges are pending against defendants Aaron Hill, Cleophus Dentmond, Gilbert Guzman, and Catherine Ramos. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard
Sentencing is scheduled for July 13, 2018 at 12:30 p.m. before Judge Arcara.
Andover Man Sentenced on Meth 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 Bradley J. Hollenbeck, 37, of Andover, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, 50 grams or more of a mixture and substance containing methamphetamine, was sentenced to 110 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between January 2011 and late 2014, the defendant engaged in the practice of “smurfing,” buying small quantities of pseudoephedrine, at local pharmacies. Hollenbeck did so to get around restrictions on purchasing products containing pseudoephedrine. This is the most important chemical necessary in the process of manufacturing methamphetamine.
The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Division, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb, the Wellsville Police Department, under the direction of Chief Timothy O’Grady, U.S. Border Patrol, under the direction of Patrol Agent in Charge Steven Oldman, and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.
Madison County, NY Man Arrested, Charged with EnticementRead 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 D. Hathaway, of DeRuyter, NY, was arrested and charged by criminal complaint with enticing a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a $250,000 fine, or both.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, the defendant participated in online communications with an individual he believed was a 12 year old girl. Over the course of several weeks, Hathaway engaged in sexually explicit conversations, during which the defendant asked for nude photographs. Hathaway also requested that the child meet in person to engage in sexual activity. At one point, the defendant purchased the child an iPhone, which he placed in a location near the child’s home, so that the child would be able to communicate with Hathaway and send him photographs. Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator.
On March 23, 2018, Hathaway arranged to meet the child in the Western District of New York, at which time he was arrested by members of the New York State Police and the Department of Homeland Security.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Richard Allen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Grand Island Man, Company Sentenced for Violations of Clean Air Act Involving AsbestosRead 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 Raj Chopra, 54, of Grand Island, NY, who was convicted of accessory after the fact to a false statement under the Clean Air Act, was sentenced by U.S. District Judge Richard J. Arcara to one year probation. Chopra’s company, Comprehensive Employee Management, (CEM), located on Grand Island, was convicted of making a false statement under the Clean Air Act and also sentenced to one year probation. CEM was also ordered to pay a $25,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that CEM, an environmental consulting company located at 1815 Love Road on Grand Island, provided consulting services to co-defendant Sean Doctor and his asbestos abatement company, S.D. Specialty Services, LLC. Pursuant to federal regulations, all owners or operators of an asbestos abatement project regulated under the Clean Air Act, must maintain a waste shipment manifest to include the name of the owner/operator; the name of the generator; and the date the asbestos was transported. The information enables the Environmental Protection Agency, which enforces the Clean Air Act and associated regulations, properly and timely to investigate suspected violations of the Clean Air Act.
From December 2009 to January 2010, employees of S.D. Specialty performed asbestos abatement work at the Roosevelt Park Shelter in Buffalo, which was subject to regulations of the Clean Air Act. During the project, S.D. Specialty employees removed asbestos from the Roosevelt Park Shelter and transported the material to a waste container at CEM on Grand Island.
On March 11, 2010, defendants Doctor and CEM executed an asbestos waste manifest which falsely indicated that asbestos had been transported to CEM from the Roosevelt Park Shelter on that date. In truth and in fact, such asbestos had been transported to, and stored at, the Grand Island location prior to March 11, 2010. As such false statement was included in the shipping manifest created when a local waste disposal company retrieved the waste container at CEM on March 11, 2010, such false statement became part of a record required to be maintained under the Clean Air Act.
In addition, on April 28, 2011, an inspection of the Roosevelt Park Shelter revealed asbestos was improperly left behind by employees of S.D. Specialty.
Sean Doctor was previously convicted and sentenced to one year probation and fined $2,000.
Today’s sentencings are the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.
Gowanda Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Aurand, 21, of Gowanda, NY, pleaded guilty to distribution of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum sentence of five years in prison, a maximum sentence of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven year old child that he produced while babysitting the child at his residence. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.
The 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 June 26, 2018, at 9:30 a.m. before Judge Vilardo.
Buffalo Man Sentenced for Heroin Possession and DistributionRead 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 Adalberto Cruz, 28, of Puerto Rico, who was convicted of possession with intent to distribute and distribution of heroin, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on February 25, 2015, Cruz distributed heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
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 New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Major Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Senenca County 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 Christopher Eberhardt, 34, of Ovid, NY, who was convicted following a federal jury trial of distribution, receipt, and possession of child pornography, was sentenced to 180 months in prison and 15 years supervised release.
Assistant U.S. Attorneys Kyle Rossi and Craig Gestring, who handled the prosecution of the case, stated that Eberhardt was part of a network of more than 70 individuals engaged in the trading of child pornography. The network was first discovered by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations (HSI) working in Hartford, Connecticut. Agents from the Buffalo, NY Field Office of HSI uncovered a digital trail, which led to the arrest the defendant. In total, Eberhardt was found to be in possession of more than 2,000 images and 132 videos of child pornography. He was also found to have distributed child pornography to other individuals.
“Let this case serve as reminder, or better yet a warning, to those who feel protected committing their crimes in the virtual world online,” stated U.S. Attorney Kennedy. “We will track you down and prosecute you, and the consequences you will suffer as a result of your crimes may well include a very real—and very long—stay in a federal prison.”
“This sentencing ensures that Mr. Eberhardt will no longer have access to children.” said ICE-HSI Special Agent-in-Charge Kevin Kelly. “It is also a reminder that predators are increasingly utilizing social networking sites to prey on children, and of the need for parents to be vigilant and aware of their children's internet activity.”
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen.
Massachusetts Man Sentenced in Xerox Fraud CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Ofstein, of Boston, Massachusetts, who was convicted of wire fraud, was sentenced to five years probation and ordered to pay $6,031,141 in restitution to the Xerox Corporation by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Ofstein worked for Vestcom Corporation in Massachusetts and his duties included ordering printing supplies from the Xerox Corporation for his company. Xerox provides branded printing toner to customers who have entered into lease contracts for office equipment. As part of a lease, the customer is invoiced a flat rate per month for office equipment, including printers, copiers, scanners, multifunction devices, and graphic arts production equipment. In order to operate each piece of equipment, supplies are required, including toner. The supplies can be expensive to buy individually, so Xerox offers an “all-inclusive” contract. Xerox provides the supplies and the customer pays the company based on the number of prints made with the supplies. The supplies must be consumed by the customer and at all times remain the property of Xerox until consumed in the leased equipment.
Between 2012 and 2016, Ofstein ordered excess supplies from Xerox without the knowledge of the company knowledge and which Vestcom did not need. The defendant then sold the excess supplies to an individual located in Miami, Florida. The retail value of the excess supplies sold by Ofstein was approximately $6,031,141.
The sentencing was the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Long Island Man Pleads Guilty to Cyberstalking and Sending Drugs to Ex-GirlfriendRead 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 Thomas Traficante, 23, of Long Island, NY, pleaded guilty to cyberstalking and distribution of a controlled substance before U.S. Magistrate Judge Marian W. Payson. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Melissa M. Marangola and Richard A. Resnick, who are handling the case, stated that between October 2017 and December 2017, the defendant sent numerous threatening text messages to his ex-girlfriend (the Victim), her college classmates, and her housemates. The messages stated “its not safe out there tonight,” “there are various people among different orgs who have hurt me. My plan is to hurt them,” and “the only thing that helps is revenge.” Traficante also sent the Victim’s housemates numerous threatening voicemails, including one with a voice disguising device that stated, “I’m in the house.” The Victim changed her telephone number in order to avoid the defendant but he contacted her new telephone and her housemates, stating, “your all crazy if you think I’m not still out there.”
In addition, posing as the Victim, Traficante created a false prostitution advertisement on Backpage.com, which included the Victim’s new telephone number. The Victim received over 60 telephone calls from men seeking sexual encounters. Traficante also hacked into the Victim’s email and social media accounts, cellular telephone, as well as her and college account, which contained her grades, tests and assignments.
On one occasion, the defendant sent the Victim a message asking where she was together with a screenshot of her physical location. Such communications caused the Victim emotional distress. Traficante also hacked the Victim’s Amazon account and purchased a book about stalking, titled “I’m Watching You,” and sent it to her.
In November 2017, Traficante used a BB gun to shoot out the window of the Victim’s parents’ vehicle parked outside of their home as well as a window in their house.
Also, the defendant sent cocaine, a Schedule II controlled substance, to the Victim’s college mailbox on November 2 and anonymously contacted university police to advise them a package containing cocaine was being mailed to the Victim. Then, on November 8, 2017, Traficante mailed MDMA, a Schedule I controlled substance, to the Victim. On November 20, 2017, the defendant mailed a third package to the Victim which once again contained cocaine.
The investigation also identified a prior victim who Traficante subjected to similar digital harassment in 2014-2015.
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, and the Geneseo University Police, under the direction of Chief Thomas Kilcullen.
Sentencing will be scheduled at a later date.
Buffalo Man Pleads Guilty to Mail 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 Emmanuel Bao, 52, of Buffalo, NY, pleaded guilty to mail 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 Jonathan P. Cantil, who is handling the case, stated that the defendant is a French and Swahili interpreter. Bao interpreted the New York State Department of Motor Vehicles driver permit written test for multiple out-of-state individuals, usually individuals with refugee status who were most recently from the Massachusetts area.
The defendant created a scheme to defraud New York State by not interpreting the written tests. Rather, Bao provided answers to the questions for the applicants. The defendant then listed his own address on the permit application rather than the address of the applicant, which resulted in the Department of Motor Vehicles mailing the official driver’s permit to Bao’s address. The defendant would then mail the permit to the applicant’s actual address. Massachusetts has reciprocity with the New York Department of Motor Vehicles and multiple test takers had failed the Massachusetts written driver’s permit test before making arrangements with the defendant.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Department of Motor Vehicles, under the direction of Executive Deputy Commissioner Theresa Egan.
Sentencing is scheduled for July 6, 2018, at 12:30 p.m. before Judge Arcara.
Federal Jury Convicts Rochester Man of Illegally Possessing A HandgunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Emmanuel Feaster, 21, of Rochester, NY, of being a felon in possession of a loaded handgun. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Sean C. Eldridge and Charles E. Moynihan, who handled the prosecution of the case, stated that on September 27, 2015, Rochester Police Department officers, in the area of Jefferson Avenue, saw Feaster driving an all-terrain vehicle northbound on Jefferson Avenue, in the southbound lane. When officers attempted to stop the defendant, he drove the ATV onto the sidewalk and ran after being directed to produce his driver’s license. After a brief foot chase, Feaster fell to the ground and tried to get back up. The defendant struggled as officers tried to place him in handcuffs. During the struggle, Feaster threw a metal object under a vehicle parked nearby. Officers retrieved a .380 caliber semiautomatic handgun, which was loaded with six rounds of ammunition, from under the vehicle. Analysis by the Monroe County Crime Laboratory determined that DNA found on the gun belonged to the defendant. In November 2013, Feaster was convicted in Monroe County Court on a felony weapons offense and was prohibited from legally possessing a firearm or ammunition.
The trial verdict is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for June 20, 2018, at 4:00 p.m. before Chief Judge Frank P. Geraci, Jr., who presided over the trial of the case.
Buffalo Man Pleads Guilty to Involvement in Multi-Million Dollar Heroin, Cocaine, and Fentanyl ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Maulana Lucas, 43, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, five kilograms or more of cocaine, and 400 grams or more of fentanyl, before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.
Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that between January 2013 and September 2015, the defendant and his girlfriend formed a relationship with co-defendant Darryl Williams to assist Williams with receiving drug shipments from California, distributing the drugs, and collecting proceeds the Western District of New York and elsewhere. In the Western District of New York alone, the defendant assisted in collecting a total of approximately $19,000,000 in cash in drug proceeds.
In May 2014, as part of the conspiracy, Lucas was directed by co-defendant Williams to meet with another co-defendant, Sonia Hernandez, to receive kilograms of cocaine.
From July 15, 2014, through March 18, 2015, Lucas received 29 pallets of shipments of illegal drugs from Herman Aguirre. Each pallet contained a mixture of approximately 30-50 kilograms of cocaine, heroin, and fentanyl. The drugs were then distributed in the Western District of New York and in other cities and states. The defendant assisted in breaking down pallets of drugs and in collecting drug proceeds from surrounding states. The drugs were shipped in crates or pallets, disguised as microwaves or furniture. The drugs were unloaded at a local warehouse. Lucas also directed his girlfriend to store kilograms of drugs in the bedroom of her apartment in the Western District of New York.
On March 23, 2015, Buffalo Police seized 22 kilograms of cocaine, two kilograms of heroin, and eight kilograms of fentanyl at the defendant’s girlfriend’s apartment.Lucas was arrested in August 2016 along with 16 other defendants. To date, two of the defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; 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.
Sentencing is scheduled for June 25, 2018, at 10:00 a.m. before Judge Vilardo.
Buffalo Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Archie Phillips, 45, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before Senior U.S. District Judge William M. Skretny. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between December 2012 and March 12, 2013, the defendant shipped kilogram bricks of cocaine from Houston, Texas to Buffalo, NY for distribution. Co-conspirators, including Beverly Fields, would then package cash proceeds from the cocaine distribution and ship the currency from the Buffalo area to the defendant in Houston. The defendant utilized a storage locker in Houston, to store some of the drug proceeds. In March 2013, DEA Special Agents found $284,980 in cash in plastic bags stored in the locker.
Beverly Fields has been convicted and is awaiting sentencing.
One of the defendant’s customers was Tyshawn Bradley, who was convicted of multiple charges including conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects.
The plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation; under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; and the United States Marshals Service, under the direction of Charles Salina.
Sentencing is scheduled for June 25, 2018, at 9:00 a.m. before Judge Skretny.
Virginia Man Sentenced on 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 Michael Martin, 58, of Virginia Beach, Virginia, who was convicted of conspiracy to commit wire fraud, was sentenced to 48 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution totaling $1,113,000.
Assistant U.S. Attorneys MaryEllen Kresse and Elizabeth R. Moellering, who handled the case, stated that in March 2013, the defendant, operating as Capital Source Lending, LLC, agreed to work with co-defendant Christopher Venti, operating as Viewpoint Solutions Group and Secured Strategies LLC, to establish a fraudulent investment scheme involving multiple victims.
Victims who were interested in obtaining funding were solicited by Christopher Venti and others. The solicitations involved false promises of, among other things, access to “blocked” bank accounts that purportedly contained the funds victims sought. Victims were required to make advance payments into escrow in order to establish the “blocked” bank accounts in their names. Victims were falsely and fraudulently told that the “blocked” bank accounts would contain 10 times the amount of funds placed in escrow and would be accessible to the victims in approximately 30 days. The advance payments were to be released from escrow by the victim upon the victim’s confirmation that the “blocked” bank account had been established in the victim’s name.
Victims were given letters on bank letterhead that purported to confirm the existence of the “blocked” bank accounts. In reality, the defendant Martin, Venti, and others knew that the bank letters were fraudulent, and that the confirmation process established in the escrow agreements signed by the victims, was fraudulent. Pre-arranged numbers victims were instructed to call directed them to others involved in the scheme who falsely represented to victims that they worked at the respective bank and that they could confirm the existence of the claimed “blocked” bank account.
Defendant Martin and Venti attempted to obtain $1,240,000 from six individuals, two of whom sent the defendant and Venti a total of $300,000. Martin also admitted his involvement in two other fraudulent schemes, both involving false representations that Martin could obtain funding for the victims through the alleged “monetizing” of a bank instrument. None of the defendant’s victims received the funds promised by the defendant.
Christopher Venti has been convicted for his involvement in this and other investment fraud schemes and is awaiting sentencing.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Three Buffalo Men Arrested in Fentanyl ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jose Alvarez, 26, Angel Cabrera, 25, and Wilfredo Cruz, Jr., 21, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and possession with intent to distribute butyryl fentanyl. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, on July 27, 2017, special agents from the Drug Enforcement Administration and Homeland Security Investigations executed a search warrant on Alvarez’s Mazda 6 sedan. During the search, agents recovered 20 bags that contained butyryl fentanyl, a Schedule I controlled substance. The investigation determined that the defendants were staying at the hotel and casino located in Salamanca. Subsequently, a search warrant was executed at their hotel room and agents recovered another 196 bags that contained butyryl fentanyl. Alvarez is suspected of selling butyryl fentanyl on at least three prior occasions.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were released on bail.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the NYS State Police Bureau of Criminal Investigation, under the direction of Major Edward Kennedy; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb.
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.
Ohio Man Arrested, Charged with Assaulting A CPB OfficerRead 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 White II, 18, of Canton, OH, was arrested and charged by criminal complaint with a misdemeanor count of assaulting a federal officer. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on the morning of March 15, 2018, a charter bus arrived at the Peace Bridge Port of Entry. The defendant was one of the occupants on board the bus attempting to make entry into the United States from Canada. During a routine inspection, Customs and Border Protection officers asked the occupants to exit the bus and make their way into the Customs office for inspection or admission into the United States.
After White exited the bus, he walked directly into a CBP officer who had given a lawful command to the defendant to stop. White ignored the command and attempted to walk past the officer. At that point, the officer raised his arm to his side in order to stop the defendant from walking past him. White then pushed the officer’s arm out of the way. The officer attempted to restrain the defendant by grabbing his sweatshirt and pushing White up against the door. The defendant then swung his right arm in an attempt forcibly to strike the officer, his fist, however, missed the officer and White was restrained.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Sentenced for Use of Fraudulently Obtained Credit CardRead 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 Tamika Favors, 35, of Buffalo, NY, who was convicted of misdemeanor bank larceny, was sentenced by U.S. Magistrate Judge Jeremiah J. McCarthy, to a two year term of probation, and ordered to pay $8,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in August 2013, the defendant used a fraudulently obtained Citibank credit card to make purchases in excess of $8,000. In addition, Favors had 15 credit cards sent to her home and to nearby addresses without the knowledge or permission of the true account holders. Those fraudulently obtained credit cards were then used by others to make unauthorized purchases.
The sentencing is the result of an investigation by the U.S. 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.