Western District of New York
Press releases recorded for this federal judicial district.
Two foreign-controlled companies agree to pay $1.75 million to resolve False Claims Act allegations related to receipt of Paycheck Protection Program loansRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Setterstix Inc. and MAE-EITEL Inc. have agreed to pay, collectively, $1,757,603.65 to resolve False Claims Act allegations that they obtained Paycheck Protection Program (PPP) loans from the U.S. Small Business Administration for which they were not eligible.
In March of 2020 Congress created the PPP to provide emergency financial assistance to American small businesses suffering from the economic effects of the COVID-19 pandemic. A PPP loan was both forgivable and guaranteed by the SBA. Among the requirements for eligibility to obtain a PPP loan and subsequent forgiveness, applicants were required to disclose and certify that the applicant, together with affiliates, did not exceed size thresholds.
In 2020, Setterstix obtained a PPP loan after certifying that it had fewer than 500 employees. The government alleges that, at the time it applied for its PPP loan, Setterstix had more than 500 employees when accounting for employees of its parent entity and affiliated companies. Similarly, in 2021, MAE obtained a PPP loan after certifying that it had fewer than 300 employees. The government alleges that, at the time it applied for its PPP loan, MAE had more than 300 employees after accounting for the employees of its parent entity and affiliated companies. Setterstix and MAE are both part of the GESCO Group, a German-based conglomerate that acquires and holds medium-sized industrial companies.
“PPP loans were meant to help small business weather the effects of the COVID-19 pandemic, but too often large businesses obtained these funds through subsidiaries that failed to disclose their true size,” said U.S. Attorney DiGiacomo. “This office has been committed to recovering misspent money and, in 2025, more than $10 million has already been recovered from companies and entities that obtained PPP loans through false and fraudulent representations on PPP loan applications.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act. Under those provisions, a private party—known as a relator—can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Verity Investigations, LLC v. Setterstix Inc.; MAE-AMERIKA GmbH, 25-cv-418 (W.D.N.Y.). The relator will receive a share of the settlement.
This matter was handled by Assistant U.S. Attorneys David M. Coriell and Investigator Margaret McFarland, with assistance from the SBA’s Office of General Counsel.
Individuals with information about allegations of fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
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Rochester man pleads guilty to his role in financial fraud scheme involving stolen checksRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Sheldon Marquis Adams, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to conspiracy to commit bank fraud, which carries a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between March and September 29, 2023, Adams conspired with others to obtain hundreds of checks that had been stolen from U.S. Postal Service mailboxes in the Rochester, NY, area. Adams and his co-conspirators would then forge or alter the checks with the intent to obtain money from the associated bank accounts. Adams used social media to recruit individuals to cash or deposit the checks into their own accounts and withdraw the money before the issuing bank detected the fraud. If the individuals successfully cashed the checks, they would give the money to the members of the conspiracy in return for a small payment. On September 29, 2023, in furtherance of the conspiracy, Adams was found in possession of 15 pages of blank check stock paper and approximately 335 checks that had been stolen between April and June 2023 from U.S. Postal Service blue collection boxes. Some of the checks had been altered by washing them with acetone.
The scheme involved approximately 227 individual victims and 36 business victims, in addition to the victim financial institutions, and stolen and altered checks totaling approximately $516,912.17.
The plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Postal Inspector-in-Charge Ketty Larco-Ward, the New York State Police, under the direction of Major Kevin Sucher, and the Rochester Police Department, under the direction of Chief David Smith.
Sentencing is scheduled for March 25, 2026, at 2:00 p.m. before Judge Wolford.
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Former Rochester area teacher going to prison for possession of child pornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Kevin Burns, 45, of Rochester, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 54 months in prison by U.S. District Judge Meredith A. Vacca.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on November 5, 2024, the New York State Police executed a search warrant at the Burns’ residence in Irondequoit, because of a child pornography file he uploaded to Bing Image. During the search, electronic devices were seized, including a computer. More than 450 images of child pornography were found on the computer. Some of the images depicted violence against children and the sexual exploitation of an infant or toddler.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Kevin Sucher and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera.
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Alma Avenue gang member and brother, both prior felons, facing new drug and gun chargesRead the Press Release
BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Kevin Miller, 35, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, five grams or more of methamphetamine, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. In addition, Kevin’s brother, Kaylen Miller, 28, of Lackawanna, NY, was arrested and charged in a separate criminal complaint with being a felon in possession of a firearm and possession with intent to distribute crack cocaine, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
According to the complaints, Kevin Miller was charged after he made two controlled sales of methamphetamine to an undercover officer. Since 2019, the FBI Safe Streets Task Force, along with the Lackawanna and Buffalo Police Departments, have been investigating the drug trafficking activities of Kevin Miller, an Alma Avenue Gang member with a prior federal narcotics conviction.
Kevin’s brother, Kaylen Miller, was also charged as the result of the execution of a search warrant by law enforcement that resulted in the recovery of a loaded handgun, suspected cocaine, drug paraphernalia and $2,005.00 in cash. Further investigation determined that the recovered handgun had been reported stolen in Cleveland, Ohio. Kaylen Miller was prohibited from possessing the gun due to a prior felony conviction.
“Kevin and Kaylen Miller have a documented history of criminal behavior, which they have both been prosecuted and punished for in the past,” stated U.S. Attorney DiGiacomo. “These brothers clearly did not learn a lesson the first time around and are now being held accountable once again for their actions. Let these newest charges serve as a reminder that my Office, together with our law enforcement partners, will continue our efforts to keep defendants like the Miller brothers from filling our community with drugs, guns, and violence.”
“Kevin and Kaylen Miller are previously convicted felons, who, once again, find themselves, in federal custody. These arrests and seizures demonstrate our relentless determination to remove gun and drug-fueled violence from our city,” said Philip Tejera, Special Agent-in-Charge of the FBI’s Buffalo Field Office. “The FBI’s Safe Streets Task Force is proud to work side by side with the Lackawanna and Buffalo Police Departments, and the U.S. Attorney’s Office to bring these individuals to justice.”
According to Assistant U.S. Attorney Donna Duncan, Kaylen and Kevin Miller appeared before U.S. Magistrate Judge Michael J. Roemer today. Judge Roemer ordered Kevin Miller to be detained and released Kaylen Miller on conditions.
The complaints are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the Buffalo Police Department, under the direction of Commissioner Alphonso Wright, and the Lackawanna Police Department, under the direction of Chief Mark Packard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Wayne County registered sex offender arrested on new child pornography chargesRead the Press Release
BUFFALO, NY-U.S. Attorney Michael DiGiacomo announced today that Geoffrey Hayes, 40, of Webster, NY, was arrested and charged by criminal complaint with possession, receipt, and distribution of child pornography, which carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine up to $250,000.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that in November 2023, the National Center for Missing and Exploited Children (NCMEC) received a child pornography CyberTip from Stelivo LLC, a company that runs several chatroom websites, including FreeChat. The tip reported that an individual, later identified as Hayes, uploaded approximately 11 image files of suspected child pornography to the website schat.freechatnow.com. Hayes is a registered sex offender who was convicted of Attempted Possession of a Sexual Performance by a Child in 2021.
In May 2024, the New York State Police executed search warrants at Hayes’ residence. During the search, investigators seized two cell phones. An analysis of one of the phones recovered approximately 83 image files of suspected child pornography, approximately 41 image files of suspected child exploitative and erotica images, and approximately 81 image files of age difficult explicit material. An analysis of the second phone recovered approximately 5,174 image files and approximately 1,901 video files of suspected child pornography, and approximately 6,714 image files and 205 videos of child exploitative and erotica material.
Hayes made an initial appearance before U.S. Magistrate Judge Colleen D. Holland and was held pending a detention hearing.
The complaint is the culmination of an investigation by the New York State Police, under the direction of Major Kevin Sucher, Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the National Center for Missing and Exploited Children.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester man who lured minor to hotel for sex going to prisonRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Jonathan Woody, 31, of Rochester, NY, who was convicted of coercion and enticement of a minor, was sentenced to 144 months in prison and 10 years supervised release by U.S. District Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in January 2024, Woody engaged in sexually explicit online and text communications with a 13-year-old child that he met on social media. On January 2, 2024, Woody paid for an Uber to transport the child to a hotel in Greece, NY, where he rented a room. While at the hotel, Woody provided alcohol and marijuana and engaged in sexual acts with the child. After realizing that the child was missing from home, the child’s family called 911 to initiate a missing person investigation. The child returned home, at which time law enforcement learned of Woody’s interactions with the child. Subsequent investigation resulted in the identification and arrest of Woody.
The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Greece Police Department, under the direction of Chief Michael Wood, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Philip Tejera.
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Buffalo man going to prison on child pornography chargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Alexander J. Weidner, 35, of Buffalo, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve five years in prison and 35 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Douglas A.C. Penrose, who handled the case, stated that on February 28, 2023, a federal search warrant was executed at Weidner’s residence as a result of child pornography uploaded to Snapchat and Instagram accounts, both associated with Weidner. Investigators seized two cellular telephones, which contained approximately 4,843 images and 371 videos of child pornography. Some of the images depicted minors under the age of 12 engaged in sexually explicit conduct. In addition, on two occasions, Weidner used the Session application to upload and share a video file containing child pornography with another Session user.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the New York State Police, under the direction of Major Amie Feroleto, and the National Center for Missing and Exploited Children.
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Buffalo man going to prison for illegally possessing postal keysRead the Press Release
BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Fortino Pilier, 28, of Buffalo, NY, who was convicted of possession of a postal service key, was sentenced to serve 12 months in prison and three years’ supervised release by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that on October 23, 2024, Pilier was a passenger in a vehicle that was pulled over by Erie County Sheriff’s deputies. During the traffic stop, Pilier fled from the vehicle and deputies pursued and arrested him. After he was arrested, Pilier was searched, and two United States Postal arrow keys were found in his pocket. An arrow key can be used to open authorized mail receptacles owned by the Postal Service. Pilier admitted that he planned to use the arrow keys to unlawfully access mail receptacles.
The sentencing is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Ketty Larco-Ward.
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Alden man arrested, charged with receipt and possession of child pornographyRead the Press Release
ROCHESTER, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Tracy Przepiora, 58, of Alden, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography, which carry a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Nicholas M. Testani, who is handling the case, stated that according to the complaint, in March and April 2025, the National Center for Missing and Exploited Children (NCMEC) received two child pornography CyberTips from MediaLab/Kik, a messaging app that that allows users to send messages, photos, videos and live stream. The tips reported that 21 files of suspected child pornography were uploaded by a user later identified as Przepiora. On June 12, 2025, the New York State Police executed a search warrant at his residence in Victor, NY, where he lived at the time, seizing three Apple iPhones and one Apple iPod touch. An analysis of the phones recovered 22 image files of suspected child pornography.
Przepiora made an initial appearance before U.S. Magistrate Judge Colleen D. Holland and was released on conditions.
The complaint is the culmination of an investigation by the New York State Police, under the direction of Major Kevin Sucher, Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the National Center for Missing and Exploited Children.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two men arrested and charged with illegal re-entryRead the Press Release
BUFFALO, NY-U.S. Attorney Michael DiGiacomo announced today that two defendants were charged in separate criminal complaints with illegal re-entry, which carries a maximum penalty of two years in prison and a $250,000 fine. Named in the complaints are:
- Evaristo Calixto Miranda Lopez, 37, a native and citizen of Guatemala. On November 2, 2025, Miranda Lopez was encountered by law enforcement in Cheektowaga, NY. As law enforcement approached, Miranda Lopez fled but was caught and detained. He did not have any legal status or immigration documents that would allow him to remain in the United States legally. Miranda Lopez was physically removed from the United States in both August and September of 2019.
- Jairo Anain Roman Murillo, 26, a native and citizen of Honduras. On October 29, 2025, Roman Murillo was encountered by law enforcement in Hamburg, NY. As law enforcement approached, he fled. After an extensive search, law enforcement found Roman Murillo hiding in the woods. Roman Murillo did not have any legal status or immigration documents that would allow him to remain in the United States legally and he was taken into custody. Roman Murillo was physically removed from the United States in November 2019.
The defendants made initial appearances before U.S. Magistrate Judge Michael J. Roemer and were detained.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The complaints are the culmination of an investigation by U.S. Border Patrol Buffalo Station, under the direction of Patrol Agent-in-Charge David Banks. The case is being prosecuted by Assistant U.S. Attorney Sasha Mascarenhas.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Three Mexican men plead guilty to, sentenced for illegal reentryRead the Press Release
BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Erasmo Perez Ruiz, 30, Luis Gerardo Perez Lopez, 29, and Ismael Ivan Perez Lopez, 27, all citizens and nationals of Mexico, pleaded guilty before U.S. District Judge Richard J. Arcara to illegal reentry. They were each sentenced to time served and turned over to Immigration and Customs Enforcement.
Assistant U.S. Attorney Sasha Mascarenhas, who handled the cases, stated that on September 30, 2025, U.S. Border Patrol agents attempted to stop a vehicle that the defendants were riding in, in Amherst, NY. As agents approached the vehicle with emergency lights and sirens activated, the driver, Erasmo Perez Ruiz, fled at a high rate of speed. After a brief chase, the vehicle pulled into a retail parking lot and the three defendants exited the vehicle and ran into a wooded area but were quickly apprehended. Further investigation determined that Erasmo Perez Ruiz was physically removed from the United States two times in April 2014, Luis Gerardo Perez Lopez was physically removed in May 2018, and Ismael Ivan Perez Lopez was physically removed in May 2017.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The pleas and sentencings are the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge David Banks.
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Four men arrested and charged with illegal re-entryRead the Press Release
BUFFALO, NY-U.S. Attorney Michael DiGiacomo announced today that two defendants were charged in separate criminal complaints with illegal re-entry, which carries a maximum penalty of two years in prison and a $250,000 fine. In addition, two other defendants were charged in separate complaints with unlawful re-entry after certain convictions, which carries a maximum penalty of 10 years in prison and a $250,000 fine. Named in the complaints are:
- Mario Dario Cao-Tzul a.k.a. Mario Hernandez-Lopez, 38, a native and citizen of Guatemala. On November 6, 2025, law enforcement encountered Cao-Tzul following a traffic stop of a vehicle that he was driving in Amherst, NY. Cao-Tzul was illegally present in the United States without any valid immigration documents that would allow him to remain. A subsequent records check determined that Cao-Tzul was physically removed from the United States in August 2010, April 2013, and May 2019.
- Miguel Ibarra-Saavedra, 43, a native and citizen of Mexico. On November 3, 2025, Ibarra-Saavedra was encountered by law enforcement in West Seneca, NY, as they conducted a traffic stop of a vehicle he was riding in. When questioned about citizenship, Ibarra-Saavedra stated that he did not have any legal status or immigration documents that would allow him to remain in the United States legally. A records check determined that Ibarra-Saavedra was physically removed from the United States in January 2008 and February 2008.
- Pedri Servin Grimaldo, 53, and Luis Alberto Servin Sanchez, 47, both natives and citizens of Mexico. On November 3, 2025, Servin Grimaldo and Servin Sanchez were encountered by law enforcement following the traffic stop of a vehicle the two men were passengers in near a construction site in West Seneca, NY. Neither defendant had any valid immigration documents that would allow them to remain in the United States. A records check determined that Servin Grimaldo was convicted of felony charges in the State of Florida in August 1995 and February 1999. In October 2001, Servin Grimaldo was physically removed from the United States. Servin Sanchez was convicted of a felony charge in September 2001 in the State of North Carolina. He was physically removed from the United States in December 2001. In August 2004 Servin Sanchez was found to be in the United States unlawfully and was physically removed once again in September 2004. In October 2008, Servin Sanchez was again found to be in the United States unlawfully and was physically removed in December 2009.
The defendants made initial appearances before U.S. Magistrate Judge Michael J. Roemer and were detained.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The complaints are the culmination of an investigation by U.S. Border Patrol Buffalo Station, under the direction of Patrol Agent-in-Charge David Banks. The case is being prosecuted by Special Assistant U.S. Attorney Brendan W. Fitzgerald.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Four men arrested and charged with illegal re-entryRead the Press Release
BUFFALO, NY-U.S. Attorney Michael DiGiacomo announced today that four defendants were charged in separate criminal complaints with illegal re-entry, which carries a maximum penalty of two years in prison and a $250,000 fine. Named in the complaints are:
- Salvador Vargas Nava, 43, a native and citizen of Mexico. On October 20, 2025, Vargas Nava was pulled over by law enforcement for running two stop signs in Concord, NY. When questioned, Vargas Nava did not possess valid immigration documents that would allow him to be in the United States. Vargas Nava was physically removed from the United States in July 2009.
- Juver Vidal Quex Tocora, 29, a native and citizen of Guatemala. On October 20, 2025, law enforcement encountered Quex Tocora in Amherst, NY. When questioned, he did not possess valid immigration documents that would allow him to be in the United States. Quex Tocora was physically removed from the United States in May 2013.
- Jose de Jesus Rodiguez Esparza, 32, and Mauricio Rangel Rangel, 48, both natives and citizens of Mexico. On October 16, 2025, law enforcement attempted to conduct a traffic stop of two vehicles in West Seneca, NY, associated with a company that transported and hired illegal aliens. The vehicle Rangel Rangel was riding in pulled over and when asked by law enforcement, he stated that he did not have any valid immigration documents that would allow him to remain in the United States legally. Rangel Rangel was physically removed from the United States in October 2014. The vehicle Rodiguez Esparza was riding in pulled over, but the occupants attempted to flee. Law enforcement caught up to Rodiguez Esparza, who did not possess any valid immigration documents that would allow him to remain in the United States legally. He was physically removed from the United States in September 2016.
The defendants made initial appearances before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and were detained.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The complaints are the culmination of an investigation by U.S. Border Patrol Buffalo Station, under the direction of Patrol Agent-in-Charge David Banks. The case is being prosecuted by Assistant U.S. Attorney Sasha Mascarenhas.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Michigan couple arrested, facing multiple charges involving harboring unauthorized aliens, and money launderingRead the Press Release
ROCHESTER, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Moises Orduna-Rios, 36, and Raquel Orduna-Rios, 30, of Plymouth, Michigan, were arrested and charged by criminal complaint with conspiracy, transporting and harboring unauthorized aliens for commercial advantage or private financial gain, conspiracy to bring in, harbor, and transport unauthorized aliens, employment of at least 10 unauthorized aliens within a 12-month period, engaging in a pattern or practice of employing unauthorized aliens, and money laundering and conspiracy to commit money laundering. The charges carry a maximum penalty of 10 years in prison and a fine of $3,000 for each unauthorized alien employed by the defendants.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, Orduna Plumbing Inc., is a plumbing company based in Michigan, with operations throughout the United States, including in New York, Michigan, North Carolina, and Ohio. Moises Orduna-Rios is the president of Orduna Plumbing, while Raquel Orduna-Rios is the Treasurer and Secretary.
It is believed that since January 2022, through December 2024, the defendants employed approximately 253 individuals. Out of the 253 individuals, only six were confirmed to be legally present and permitted to work in the United States. The defendants collected the passports of the unauthorized aliens and housed them in overcrowded houses and hotel rooms. It is estimated that between January 1, 2022, and August 7, 2025, Moises Orduna-Rios and Raquel Orduna-Rios generated approximately $74,000,000 in customer revenue. During the course of the investigation, U.S. Border Patrol agents and Immigration and Customs Enforcement agents arrested 23 unauthorized aliens employed by Orduna Plumbing, in Buffalo, Rochester, and Charlotte, North Carolina.
The investigation uncovered messaging communications between Moises Orduna-Rios and some of the unauthorized aliens, during which they discussed payroll, proper care of company vehicles, proper use of company credit cards, concerns about being undocumented, switching housing locations to be less visible to law enforcement, and precautions that should be taken to avoid being apprehended. For instance, on February 1, 2025, Moises Orduna-Rios sent this message by way of a group chat stating, “Gentlemen, with all the controversy that is going on, its better to get ready, drive the speed limit, limit yourselves going to the store, only do minimal running of errands, and do not have any gatherings such as barbeques…”
In the summer of 2025, Border Patrol agents executed a search warrant at a Rochester residence that housed some of the unauthorized aliens believed to be working for Orduna Plumbing. Border Patrol found nine individuals, all of whom were illegally present in the United States, living in a small sparsely furnished residence.
A financial review of Orduna Plumbing revealed the company paid hundreds of employees known to be illegally present in the United States through multiple bank accounts used and controlled by the defendants.
Moises Orduna-Rios and Raquel Orduna-Rios made an initial appearance today in Federal Court in the Eastern District of Michigan and were released on conditions. They are scheduled to appear in the Western District of New York on December 2, 2025, before U.S. Magistrate Judge Mark W. Pedersen.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The criminal complaint and seizures are the result of an investigation by U.S. Border Patrol, Rochester Station, under the direction of Patrol Agent-in-Charge Juan Ramirez, Jr., and the Internal Revenue Service Criminal Investigations Division, under the direction of Special Agent in Charge Harry Chavis. Additional assistance was provided by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations and Customs and Border Protection Air and Marine Operations, under the direction of Director Christopher Romosz.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Gates woman sentenced for her role in retail theft ring involving over a million dollars in stolen merchandiseRead the Press Release
ROCHESTER, NY-U.S. Attorney Michael DiGiacomo announced today that Shabon Banks, 42, of Gates, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 63 months prison by Chief U.S. District Judge Elizabeth A. Wolford. Banks was also ordered to pay $92,903.34 in restitution to various retailers, including Best Buy, Home Depot, Kohls, Lowes, Macy’s, Target, and Walmart.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between December 2021, and October 17, 2024, Banks conspired with a group of serial larcenists, including Amanda Reeves and Chad Lewis, to engage in an ongoing retail theft conspiracy involving the New York Gold Diamond Pawn Shop. The pawn shop is owned and operated by another co-defendant Dominic Sprague and managed by co-defendant James Civiletti.
Banks and the other larcenists stole new-in-box items from store shelves on a weekly, and sometimes daily, basis. They then sold the stolen goods to the pawn shop for a fraction of the actual retail value. The pawn shop, including Civiletti, then resold the stolen merchandise on eBay at much higher prices, resulting in significant profits. The pawn shop purchased 37,936 stolen new-in-box items from Lewis, Jr., Banks, and Reeves on more than 670 occasions, for which the larcenists were paid $290,000.00. The actual losses to the victim-retailers were approximately $1,160,000.00.
In addition, Banks unlawfully used an ID belonging to another person to engage in transactions at the pawn shop. She also recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from law enforcement while the scheme was ongoing. In 2022 and 2024, Banks led police on high-speed car chases, which police discontinued because of the threat posed to other motorists.
Reeves, Banks, Sprague, and Civiletti were previously convicted.
The sentencing is the culmination of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, the Internal Revenue Service, under the direction of Special Agent-in-Charge Harry Chavis, the Greece Police Department, under the direction of Chief Michael Wood, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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Transportation companies agree to pay $4.4 million to resolve False Claims Act allegations involving fraudulently obtained PPP loansRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that 3rd Avenue Transit, Inc. and Y&M Transit Corporation have agreed to pay $4.4 million to resolve False Claims Act allegations that they improperly obtained Paycheck Protection Program (PPP) loans from the U.S. Small Business Administration (SBA) for which they were not eligible.
The PPP was an emergency loan program established by the Coronavirus Aid, Relief and Economic Security (CARES) Act in March of 2020 and expanded by the American Rescue Plan Act (ARPA) in 2021. Under the PPP, eligible businesses could obtain loans to cover payroll costs or other specified business expenses. PPP loans were guaranteed by the Small Business Administration (SBA) and subject to forgiveness if spent on eligible expenses. However, PPP loans were only available to a subset of businesses that met the eligibility criteria. As one condition to second-draw loan eligibility, the applicant company and its affiliates must have had no more than 300 employees collectively. When applying for PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their loan applications, including regarding their size, number of employees, and affiliate entities.
3rd Avenue and Y&M applied for and received a total of $2,402,800 in second-draw PPP loans, certifying that they were a small business with fewer than 300 employees. The government contends that 3rd Avenue and Y&M, along with a third company, were affiliates under the PPP rules. As a result, 3rd Avenue and Y&M were ineligible for the second-draw loans because they employed more than 300 employees.
“Paycheck Protection Program loans were intended to help small businesses during the Covid-19 pandemic,” stated U.S. Attorney DiGiacomo. “Our office continues to invest time and resources to hold accountable those who obtained PPP funds for which they were not eligible.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the settlement or judgment.
Individuals with information about allegations of fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This matter was handled by Assistant U.S. Attorney Jonathan W. Ferris, and Investigator Margaret McFarland, with assistance from the SBA’s Office of General Counsel.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
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Attica man charged by criminal complaint with production of child pornographyRead the Press Release
BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Edward Forrester, 67, of Attica, NY, was charged by criminal complaint with production of child pornography and possession of child pornography following a prior conviction. The charges carry a mandatory minimum penalty of 15 years in prsion and a maximum of 30 years.
Assistant U.S. Attorneys Aaron J. Mango and Evan K. Glaberson, who are handling the case, stated that according to the complaint, in April 2022, the National Center for Missing and Exploited Children (NCMEC) alerted the New York State Police that a Google user identified as “edward forrester,” uploaded files of suspected child pornography to YouTube. One of the uploaded videos was described as “UNFAMILIAR and may depict NEWLY PRODUCED and/or HOMEMADE CONTENT.” Further investigation identified a victim in the video.
On May 5, 2022, a search warrant was executed on a camper and two vehicles that Forrester stored at his brother’s property in Wyoming County. A cell phone and tablet were seized, and Forrester was charged in New York State Court with one count of Sexual Abuse First and Endangering the Welfare of a Child. Investigators also executed a search warrant at Forrester’s residence at the time in Corfu, NY, during which two more cell phones were seized. A subsequent forensic review recovered four images of suspected child pornography, including an image of the victim.
FBI Buffalo is seeking assistance from the public. Members of the public, who have specific information related to this case, are urged to contact the FBI Buffalo Field Office at (716) 617-3250. A photo of Forrester is attached.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, and the New York State Police, under the direction of Major Amie Feroleto.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Prior sex offender pleads guilty to new child pornography chargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Andrew Yannello, 29, of Tonawanda, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography following a prior conviction under New York law relating to sexual abuse, which carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in September 2014, Yannello was convicted of Attempted Sexual Abuse in the 1st Degree in New York State Court and sentenced to serve 10 years’ probation. In November 2017, following a probation violation, Yannello was sentenced to serve 1 1/3 to 3 years in prison. On August 23, 2024, investigators executed a search warrant at Yannello’s residence after it was discovered that he uploaded files of child pornography to Facebook and distributed the images to other Facebook users. During the search, a cell phone, laptop computer and desktop computer were seized, and all were found to contain images and videos of child pornography child pornography. Some of the images contained prepubescent minors as well as the sexual abuse of an infant or toddler, and depictions of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the New York State Police, under the direction of Major Amie Feroleto.
Sentencing is scheduled for March 2, 2026, at 9:30 a.m. before Judge Vilardo.
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Ecuadorian woman pleads guilty to, sentenced for illegal re-entryRead the Press Release
BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Ana Castro Castro, 38, a citizen and national of Ecuador, pleaded guilty before U.S. District Judge Richard J. Arcara to re-entry of a removed alien. She was then sentenced to time served and turned over to Immigration and Customs Enforcement.
Special Assistant U.S. Attorney Michael J. Smith, who handled the case, stated that in July 2021, Castro was physically removed from the United States. On August 1, 2025, she was found in in Erie County, NY, by Border Patrol Agents and did not have any documents allowing her to be legally present in the United States.
The case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The plea and sentencing are the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge David Banks.
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Macedon business owner involved in classic car scheme going to prison for $2.5 million wire fraudRead the Press Release
ROCHESTER, NY—U.S. Attorney Michael DiGiacomo announced today that Clark P. Rittersbach, 51, of Cape Coral, Florida, who was convicted of wire fraud, was sentenced to serve 24 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that Rittersbach was the owner of Concours Classic Motor Cars, a company specializing in the restoration and sale of antique vehicles in Macedon, NY. It is not uncommon for such restoration work and the collection of authentic parts to take place over the course of years, and many of Rittersbach’s customers were long distance or international. As a result, customers often relied on his assurances of what work was being done without seeing the work in person before paying him. Between 2018 and April 2022, Rittersbach made misrepresentations to customers, many via email and text message, about work and acquisitions he claimed to have completed to obtain money from these customers. His intent was to obtain money for the unfinished work he claimed was finished, and to stall his clients so he had enough time to complete the work.
For example, in 2019, Rittersbach falsely claimed over text message and email to Victim 1 that he had completed work on a Duesenberg engine, and emailed Victim 1 an invoice for $25,000. Victim 1 wired funds to the bank accounts controlled by Rittersbach. In addition, Rittersbach sent emails to Victim 2 overstating how much work had been completed on a 1964 Porsche in order to obtain payment for work he had not done but intended to complete in the future. During the course of the scheme, Rittersbach defrauded victims of the scheme of a total amount of approximately $2,536,308.64.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera.
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Fiber laser expert convicted by a federal jury of economic espionage and theft of trade secretsRead the Press Release
ROCHESTER, N.Y. - A federal jury has convicted Ji Wang, 63, of Painted Post, NY, of two counts of economic espionage, one count of theft of trade secrets, one count of attempted economic espionage, and one count of attempted theft of trade secrets. Assistant Attorney General for National Security John A. Eisenberg, together with U.S. Attorney Michael DiGiacomo for the Western District of New York, announced the verdict.
“This conviction demonstrates the importance of protecting trade secrets developed in the United States, especially those with military applications,” stated U.S. Attorney DiGiacomo. “My office will continue pursue and prosecute those that steal such information.”
“Yesterday, a federal jury found Wang guilty of stealing sensitive defense research from his employer and attempting to use it to pursue personal profit at the expense our national security. We are committed to combating economic espionage and holding accountable those who disregard our export-control laws and the security of U.S. technology,” said Assistant Attorney General for National Security John A. Eisenberg. “This verdict reaffirms that such betrayals of trust will not go unpunished.”
“This conviction underscores the FBI’s dedication to exposing those who steal U.S. trade secrets for foreign benefit,” said Philip Tejera, Special Agent-in-Charge of the FBI’s Buffalo Field Office. “Any theft of valuable intellectual property is a threat to American businesses. When stolen trade secrets stand to benefit a foreign economic rival; it threatens our national security. The FBI remains committed to investigating individuals who trade American security for their own selfish greed.”
“The Bureau of Industry and Security remains committed to working alongside our law enforcement and industry partners to prevent the unlawful transfer of sensitive technologies,” said Special Agent-in-Charge Jonathan Carson.
Wang was born in China and immigrated to the United States in 1998 to work for Corning Incorporated. Between 2002 and 2007, Wang was assigned to work on a joint research and development project funded by the Defense Advanced Research Projects Agency (“DARPA”) and Corning. The goal of the 5-year, $11.4 million project was to develop optical fibers for high-powered lasers with military and commercial applications. DARPA and Corning aimed to increase the power of fiber lasers by more than a factor of 1000. DARPA sought to develop this technology to create laser weapons capable of shooting down drones and missiles.
On or about July 1, 2016, Wang stole hundreds of files that contained non-public data generated during the DARPA project, including trade-secret manufacturing technology that would have enabled him to fabricate all manner of specialty optical fibers, including for fiber lasers.
Ten days before Wang stole the trade secret files, he had applied for China’s Thousand Talents Plan Award. The Thousand Talents Plan Award was an initiative by the Chinese government aimed at people who were born in China and immigrated to the United States, to study or work in science and technology fields. The Thousand Talents Plan Award incentivized these people to return to China by promising millions of dollars of investment to award recipients who returned to China. Two months after Wang stole the trade secret files, he was selected to receive a Thousand Talents Plan Award.
Wang was negotiating with Chinese government entities to start a specialty fiber business in China from at least 2014 through 2017. Wang was negotiating to receive tens of millions of dollars in investment from Chinese government entities, who would have been shareholders in his new venture. Wang’s business plans showed that he was planning to use the stolen trade-secret files to start this business in China. Wang’s business plans also touted the military applications of the technology. In one such business plan, which Wang submitted to a Chinese government entity, he advertised that specialty fibers “can also be installed on military vehicles,” including “tanks.” Wang claimed that such use of the technology on military vehicles could “be key to deciding victory or defeat.” Ultimately, law enforcement disrupted Wang’s efforts before he was able to start a new business and exploit the technology he stole.
The verdict is the result of an investigation by Special Agents of the Federal Bureau of Investigation, acting under the direction of Special Agent In-Charge Philip Tejera, and Special Agents of the Department of Commerce, Office of Export Enforcement, New York Field Office acting under the direction of Special Agent-in-Charge Jonathan Carson. Additional assistance was provided by Homeland Security Investigations in Detroit, Michigan. The case was prosecuted by Assistant United States Attorney Meghan K. McGuire of the Western District of New York and Trial Attorneys Nicholas Hunter and Brendan Geary of the Counterintelligence and Export Control Section of the National Security Division.
Economic espionage carries a maximum penalty of 15 years in prison and theft of trade secrets carries a maximum sentence of 10 years in prison. Sentencing is scheduled for April 15, 2026, at 2:00 p.m. before U.S. District Judge Frank P. Geraci, Jr., who presided over the trial.
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Fiber Laser Expert Convicted by Federal Jury of Economic Espionage and Theft of Trade SecretsRead the Press Release
A federal jury has convicted Ji Wang, 63, of Painted Post, N.Y., of two counts of economic espionage, one count of theft of trade secrets, one count of attempted economic espionage, and one count of attempted theft of trade secrets. Assistant Attorney General for National Security John A. Eisenberg, together with U.S. Attorney Michael DiGiacomo for the Western District of New York, announced the verdict.
“Yesterday, a federal jury found Wang guilty of stealing sensitive defense research from his employer and attempting to use it to pursue personal profit at the expense our national security,” said Assistant Attorney General for National Security John A. Eisenberg. “We are committed to combating economic espionage and holding accountable those who disregard our export-control laws and the security of U.S. technology. This verdict reaffirms that such betrayals of trust will not go unpunished.”
“This conviction demonstrates the importance of protecting trade secrets developed in the United States, especially those with military applications,” said U.S. Attorney DiGiacomo. “My office will continue pursue and prosecute those that steal such information.”
Wang was born in China and immigrated to the United States in 1998 to work for Corning Incorporated. Between 2002 and 2007, Wang was assigned to work on a joint research and development project funded by the Defense Advanced Research Projects Agency (“DARPA”) and Corning. The goal of the 5-year, $11.4 million project was to develop optical fibers for high-powered lasers with military and commercial applications. DARPA and Corning aimed to increase the power of fiber lasers by more than a factor of 1000. DARPA sought to develop this technology to create laser weapons capable of shooting down drones and missiles.
On or about July 1, 2016, Wang stole hundreds of files that contained non-public data generated during the DARPA project, including trade-secret manufacturing technology that would have enabled him to fabricate all manner of specialty optical fibers, including for fiber lasers.
Ten days before Wang stole the trade secret files, he had applied for China’s Thousand Talents Plan Award. The Thousand Talents Plan Award was an initiative by the Chinese government aimed at people who were born in China and immigrated to the United States, to study or work in science and technology fields. The Thousand Talents Plan Award incentivized these people to return to China by promising millions of dollars of investment to award recipients who returned to China. Two months after Wang stole the trade secret files, he was selected to receive a Thousand Talents Plan Award.
Wang was negotiating with Chinese government entities to start a specialty fiber business in China from at least 2014 through 2017. Wang was negotiating to receive tens of millions of dollars in investment from Chinese government entities, who would have been shareholders in his new venture. Wang’s business plans showed that he was planning to use the stolen trade-secret files to start this business in China. Wang’s business plans also touted the military applications of the technology. In one such business plan, which Wang submitted to a Chinese government entity, he advertised that specialty fibers “can also be installed on military vehicles,” including “tanks.” Wang claimed that such use of the technology on military vehicles could “be key to deciding victory or defeat.” Ultimately, law enforcement disrupted Wang’s efforts before he was able to start a new business and exploit the technology he stole.
“Mr. Wang stole sensitive technology that Corning, Inc. and DARPA spent millions of dollars developing so he could line his own pockets and help our adversaries undermine U.S. national security,” said Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence Division. “For years, China’s government has waged a vast economic espionage campaign designed to put our nation at risk and American companies out of business. This conviction makes clear that the FBI and our partners will continue to hold accountable anyone looking to steal U.S. innovation for our enemies.”
“The Bureau of Industry and Security remains committed to working alongside our law enforcement and industry partners to prevent the unlawful transfer of sensitive technologies,” said Jonathan Carson, Special Agent-in-Charge of the New York Field Office of the Department of Commerce Bureau of Industry and Security, Office of Export Enforcement.
The verdict is the result of an investigation by Special Agents of the Federal Bureau of Investigation, acting under the direction of Special Agent In-Charge Philip Tejera, and Special Agents of the Department of Commerce, Office of Export Enforcement, New York Field Office acting under the direction of Special Agent-in-Charge Jonathan Carson. Additional assistance was provided by Homeland Security Investigations in Detroit, Michigan. The case was prosecuted by Assistant United States Attorney Meghan K. McGuire of the Western District of New York and Trial Attorneys Nicholas Hunter and Brendan Geary of the Counterintelligence and Export Control Section of the National Security Division.
Economic espionage carries a maximum penalty of 15 years in prison and theft of trade secrets carries a maximum sentence of 10 years in prison. Sentencing is scheduled for April 15, 2026, at 2:00 p.m. before U.S. District Judge Frank P. Geraci, Jr., who presided over the trial.
Salamanca man who attempted to have sex with a 12-year-old girl pleads guilty to attempted enticementRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Jack Sherlock, 56, of Salamanca, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to attempted enticement of a minor, which carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that beginning on November 20, 2024, Sherlock began communicating on the internet with an undercover agent with the Department of Homeland Security posing as a 12-year-old girl. Between November 20 and December 4, 2024, Sherlock engaged in graphic sexual conversation with the person he believed to be a 12-year-old girl. During some of these online chats, he requested that the 12-year-old girl send him sexually explicit photographs of herself. He also discussed meeting the 12-year-old girl in person to engage in sexual activity. On December 3, 2024, Sherlock asked the 12-year-old girl to meet him in person so that they could engage in sexually activity. He arranged a time and place to meet the next day at a store in Salamanca. However, when Sherlock arrived at the store the next day, he was arrested by law enforcement.
The plea is the result of an investigation by the Salamanca Police Department, under the direction of Chief Jamie Deck, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Eric Butler, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.
Sentencing is scheduled for March 13, 2026, at 10:30 a.m. before Judge Vilardo.
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Prior felon indicted on new child pornography chargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that a federal jury returned an indictment charging Raymond Mason, 52, of Frewsburg, NY, with possession of obscene visual depictions following a prior conviction, which carries a mandatory minimum penalty of 10 years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the indictment, on July 15, 2024, Mason possessed visual depictions on a cellular telephone, namely computer and AI generated images depicting minors engaging in sexually explicit conduct. The images were discovered by a U.S. Probation officer during a supervised release visit to Mason’s residence. Mason was previously convicted of possession and attempted receipt of child pornography in the Western District of New York in 2010.
Mason was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Florida man who traveled from Florida to Western New York to have sex with a minor pleads guiltyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Jose Francisco Cardoso Tehovnik, 23, of Orlando, Florida, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to receipt of child pornography, which carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that in February 2024, Cardoso Tehovnik, who was 21 years old at the time, began communicating with a 16-year-old minor victim on Snapchat. On February 19, 2024, the minor victim sent a 10 second video file depicting the minor victim to Cardoso Tehovnik, which constituted child pornography. In addition, Cardoso Tehovnik received images of the minor victim, which constituted child pornography, on two separate occasions in April 2024.
In late April 2024, Cardoso Tehovnik flew from Florida to the Western District of New York to meet the minor victim in person. Cardoso Tehovnik rented a hotel room in the Niagara Falls area. On April 27, 2024, the minor victim met Cardoso Tehovnik in the hotel room and the two engaged in sexual activity. On June 4, 2024, Tehovnik came back to the Western District of New York, picked up the minor victim, and traveled to New Jersey, where law enforcement located him with the victim. Tehovnik was arrested and taken into custody.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari, and the Beach Haven, NJ, Police Department, under the direction of Chief James Markoski.
Sentencing is scheduled for February 19, 2026, at 2:00 p.m. before Judge Sinatra.
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Former nurse going to prison for possession of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Erik Hjemdahl-Monsen, 48, of Jamestown, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 72 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Evan K. Glaberson, who handled the case, stated that on September 21, 2023, the New York State Police executed a search warrant at Hjemdahl-Monsen’s residence as part of an investigation of a child pornography file he uploaded to a Kik computer server using his home internet IP address. Investigators seized a cell phone, which contained three videos of child pornography. At the time, Hjemdahl-Monsen was an Emergency Room Nurse at Oishei Children's Hospital.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Amie Feroleto, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Philip Tejera.
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Two men plead guilty for their roles in cocaine and fentanyl conspiracyRead the Press Release
BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that David Washington, 45, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to possession with intent to distribute fentanyl and conspiracy to possess with intent to distribute cocaine and fentanyl, which carry a maximum penalty of 20 years in prison and a fine of $1,000,000. In addition, Co-defendant Eleazar Martinez Medina, 56, of Los Angeles, CA, pleaded guilty before Magistrate Judge Schroeder to conspiracy to possess with intent to distribute, and distribute, 500 grams or more of cocaine, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorneys Timothy C. Lynch and Evan K. Glaberson, who are handling the case, stated that beginning in February 2019, Washington and Martinez Medina conspired with others to sell cocaine and fentanyl. Washington resided at and maintained control over a residence on Bennett Village Terrace. In February 2019, Martinez Medina traveled to Buffalo from California and resided with Washington. On February 15, 2019, Martinez Medina went to Chili, NY, picked up approximately 25 kilograms of cocaine from a truck driver, and traveled back to Buffalo. On February 19, 2019, Martinez Medina met with an individual working with the FBI, and stated that he had approximately $656,000, which was the proceeds from the sale of cocaine to a “black guy,” which was a reference to Washington. On February 22, 2019, Martinez Medina was stopped in California by the California Highway Patrol and found in possession of $658,380 in United States currency.
In February 2020, investigators executed a search warrant at Washington’s Bennett Village Terrace residence and recovered over $77,000 in cash. Further investigation determined that Washington was associated with and controlled other residences on Rogers Street and Bailey Avenue in Buffalo. On February 21, 2020, a search warrant was executed at the Rogers Street residence, during which law enforcement recovered approximately three kilograms of fentanyl, 329 grams of a fentanyl mixture, 223 grams of crack cocaine, 1,002 grams of cocaine, 893 grams of heroin, $246,775 in cash. Also on February 21, 2020, law enforcement executed a search warrant at the Bailey Avenue residence, during which they seized $151,350 in cash. The total amount of cash seized was $1,133,505, which represents the proceeds of drug trafficking. The investigation also included controlled purchases of fentanyl from Washington.
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, Homeland Security investigations, under the direction of Special Agent-in-Charge Erin Keegan, the New York State Police, under the direction of Major Amie Feroleto, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, the Buffalo Police Department, under the direction of Commissioner Alphonso Wright, and the California Highway Patrol.
Sentencing for both defendants will be scheduled at a later date.
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Sri Lankan man pleads guilty to, sentenced for illegal entryRead the Press Release
BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Dilaxan Muraleetharan, 26, a citizen and national of Sri Lanka, pleaded guilty to illegal entry before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. He was then sentenced to time served and turned over to Immigration and Customs Enforcement.
Assistant U.S. Attorney Sasha Mascarenhas, who handled the case, stated that on October 14, 2025, Muraleetharan was observed on the train tracks on top of the Whirlpool Rapids Bridge, located in Niagara Falls, NY, which crosses the Canada and United States border. This is not a legal entryway for pedestrians or vehicle traffic. Border Patrol agents responded to the area and approached Muraleetharan who did not have any valid documents that would allow him to enter or remain in the United States legally. He was placed under arrest. Muraleetharan was previously ordered removed from the United States in September 2024.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The plea and sentencing are the result of an investigation by U.S. Border Patrol, Niagara Falls Station, under the direction of Patrol Agent-in-Charge Brady Waikal.
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Mexican men arrested for illegal re-entryRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Jose de Jesus Rodriguez Esparza, 32, and Mauricio Rangel Rangel, 48, both natives and citizens of Mexico, were arrested and charged in separate criminal complaints with illegal re-entry, which carries a maximum penalty of two years in prison and $250,000 fine.
Assistant U.S. Attorney Sasha Mascarenhas, who is handling the cases, stated that according to the criminal complaints, on October 16, 2025, Buffalo Border Patrol agents encountered the defendants in West Seneca, NY, as they attempted to conduct traffic stops of the vehicles they were riding in. When the vehicle Rodiguez Esparza was riding in pulled over, five individuals got out and began running towards a wooded area. As agents approached, Rodiguez Esparza admitted to being a citizen of Mexico without any valid immigration documents. A records check determined that he was previously removed from the United States in September 2016. When agents approached the vehicle Rangel was riding in, he stated that he did not have any valid immigration documents allowing him to stay in the United States. A records check determined that Rangel was previously removed from the United States in 2014.
Rodriguez Esparza and Rangel made initial appearances before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and were detained.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The complaint is of the result of an investigation by United States Border Patrol Buffalo Station, under the direction Patrol Agent-in-Charge David Banks.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Mexican man arrested for illegal re-entryRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Salvador Vargas Nava, 43, a native and citizen of Mexico, was arrested and charged by criminal complaint with illegal re-entry, which carries a maximum penalty of two years in prison and $250,000 fine.
Assistant U.S. Attorney Sasha Mascarenhas, who is handling the case, stated that on October 20, 2025, Buffalo Border Patrol Agents encountered Vargas Nava during a traffic stop of a vehicle that ran two stop signs in Concord, NY. Vargas Nava was the driver. He admitted to being illegally present in the United States without any valid immigration documents. A records check determined that Vargas Nava was previously removed from the United States in July 2009.
Vargas Nava made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The complaint is of the result of an investigation by United States Border Patrol Buffalo Station, under the direction Patrol Agent-in-Charge David Banks.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Lockport man going to prison for distributing child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Gerard Dzierzanowski, 53, of Lockport, NY, who was convicted of distribution of child pornography, was sentenced to serve 90 months in prison and 15 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that in February 2023, Dzierzanowski began communicating with who he believed was a 13-year-old girl using the Whisper Messenger application. The communications later transitioned to Kik Messenger, another online application. Dzierzanowski thought he was communicating with an actual 13-year-old girl, when in reality, he was communicating with an undercover law enforcement officer, who was involved in an investigation aimed at identifying users of Whisper and Kik attempting to engage in criminal sexual activity with children. The undercover officer repeatedly advised Dzierzanowski during the Kik chat that she was 13 years old. Dzierzanowski sent multiple images that meet the definition of child pornography. Dzierzanowski also sent videos that depicted a prepubescent female child engaged in sexually explicit behavior with an adult male. During the online conversations, Dzierzanowski requested the 13-year-old girl engage in sexually explicit behavior with him. The defendant also sent a “selfie” of himself, and a sexually explicit video of himself. In August 2023, a search warrant was executed at Dzierzanowski’s residence, during which multiple digital items, which contained images and videos depicting children engaged in sexually explicit conduct, were seized.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.
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Guatemalan man arrested for illegal re-entryRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Juver Vidal Quex Tocora, 29, a native and citizen of Guatemala, was arrested and charged by criminal complaint with illegal re-entry, which carries a maximum penalty of two years in prison and $250,000 fine.
Assistant U.S. Attorney Sasha Mascarenhas, who is handling the case, stated that on October 20, 2025, Border Patrol agents encountered Quex Tocora in Amherst, NY. Agents questioned Quex Tocora about his citizenship. He admitted to being illegally present in the United States and did not have any documents that would allow him to remain legally in the United States. Quex Tocora was arrested and taken into custody. Subsequent investigation determined that in May 2013, he was physically removed from the United States.
Quex Tocora made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The complaint is of the result of an investigation by United States Border Patrol Buffalo Station, under the direction Patrol Agent-in-Charge David Banks.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo man convicted by a federal jury of murdering a federal informant sentenced to life in prisonRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Alphonso Payne, a/k/a Ajay, 32, of Buffalo, NY, who was convicted by a federal jury of conspiracy to murder a federal informant, murdering a federal informant, conspiring to possess with intent to distribute and distributing cocaine, possessing with intent to distribute and distributing cocaine, conspiring to retaliate against a federal informant, retaliating against a federal informant, discharge of a firearm in furtherance of crimes of violence and a drug trafficking crime, and discharge of a firearm causing death in furtherance of crimes of violence and a drug trafficking crime, was sentenced to serve life in prison plus 15 years by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Timothy C. Lynch, Michael J. Adler, and Stacey Jacovetti, who handled the prosecution of the case, stated that between approximately 2016 and August 20, 2019, Payne, co-defendant Gregory Hay and others conspired to sell cocaine, crack cocaine, and heroin. The conspiracy began with Hay selling drugs in the Salamanca, NY, area, before moving his operation to the Olean area, where Payne assisted him with selling drugs. After Gregory Hay’s house was searched on May 7, 2019, by members of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Buffalo Police Department, and illegal firearms were seized, Hay and Payne suspected Joshua Jalovick was a police informant. In the early evening of July 1, 2019, Payne and Hay lured Jalovick into the backyard of 87 Freund, where Payne used to live. Once Jalovick was in the backyard, Payne shot him multiple times with a semi-automatic pistol, in front of multiple witnesses. Hay then stood over Jalovick and shot him an additional five times with a revolver. Payne and Hay murdered Joshua Jalovick to prevent him from testifying about their alleged drug trafficking crimes and Hay’s firearm crimes.
Gregory Hay was previously convicted of narcotics conspiracy, possession of firearms in furtherance of drug trafficking, and discharge of firearm causing death in furtherance of crimes of violence and a drug trafficking crime and is awaiting sentencing. In addition to defendants Payne and Hay, defendants Daeshawn Stevenson, Raejah Blackwell, Eric Brooks, and Roland Eady were also convicted for their roles in obstructing a grand jury’s investigation into Joshua Jalovick’s murder.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Alphonso Wright. Additional assistance was provided by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejero, the U.S. Secret Service, under the direction of Special Agent-in-Charge Charles Perras, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Eric Butler.
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Buffalo man sentenced for conspiring to steal mail and possession of a Postal Service keyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Antonio Jones, Jr., 25, of Buffalo, NY, who was convicted of conspiracy to commit mail theft and possession of postal service key, was sentenced to serve two years’ probation, to include six months home detention, by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that on October 2, 2024, Jones conspired with Eric Michael Robinson and Lamor Runell Bolden to steal mail from mail receptacles in Cheektowaga, NY. In addition, the defendants also possessed a key used to open authorized mail receptacles. Jones drove with Robinson and Bolden to a mail facility in Cheektowaga at approximately 1:00 a.m. on October 2, 2024. Robinson drove and Jones and Bolden were passengers. Robinson parked the car behind a row of blue collection mailboxes outside the postal facility, Jones and Bolden got out of the car, and Jones opened the mailboxes with the stolen key and stole mail from the mailboxes while Bolden stood watch. The two then got back into the car and Robinson drove away. A short time later, their car was stopped by law enforcement. At the time the car was stopped, various opened and unopened pieces of mail were found inside. Jones admits that he and his co-conspirators used the stolen key to open mailboxes at other locations around the Western District of New York.
Eric Michael Robinson was previously convicted and also sentenced to serve two years’ probation, to include six months home detention. Lamor Runell Bolden was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Special Agent-in-Charge Ketty Larco-Ward, Boston Division, and the Cheektowaga Police Department, under the direction of Chief Brian Coons.
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Niagara Falls man going to prison for more than 10 years on drug and gun chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Edward Rollie, 49, of Niagara Falls, NY, who was convicted of possession with intent to distribute 400 grams or more of fentanyl, and being a felon in possession of a firearm, was sentenced to serve 121 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on August 28, 2024, investigators executed search warrants associated with Rollie at a Spruce Avenue residence in Niagara Falls, where Rollie’s son resides. They recovered approximately 594 grams of fentanyl, approximately 683 grams of cocaine, and a 9mm semi-automatic handgun. In July 2002, Rollie was convicted of a federal felony drug charge in the Western District of Pennsylvania and is legally prohibited from possessing a firearm. The investigation also included controlled purchases of fentanyl from Rollie.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the Niagara Falls Police Department, under the direction of Commissioner Nick Ligammari, the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the North Tonawanda Police Department, under the direction of Chief Keith Glass, the New York State Police, under the direction of Major Amie Feroleto, and the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia.
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Federal grand jury indicts prior felon on gun chargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Michael DiGiacomo announced today that a federal grand jury has returned an indictment charging Paul Kozlyuk, 39, of Brockport, NY, with being a felon in possession of firearms and ammunition, which carries a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the indictment and a previously complaint, Kozlyuk is president and owner of Ameritrans Group Inc. in Brockport, NY, a for-hire interstate motor carrier. In February 2024, the U.S. Department of Transportation, Office of Inspector General, Homeland Security Investigations, Monroe County Sherrif’s Office, and Internal Revenue Service, began investigating Kozlyuk and Ameritrans for violations of federal tax laws, the transportation of stolen goods across state lines, and fraud involving the DOT. On September 10, 2025, a search warrant was executed at Kozlyuk’s home and Ameritrans’ offices in Brockport. Investigators recovered eight firearms, to include seven rifles and a pistol, and ammunition.
In November 2018, Kozlyuk was sentenced to serve 27 months in prison after being convicted of defrauding several small businesses in connection with his former business, the Marketview Heights Garage. As a result, Kozlyuk is prohibited from possessing firearms.
Kozlyuk was arraigned before U.S. Magistrate Judge Mark W. Pedersen and is being held without bail.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent in Charge Erin Keegan, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Internal Revenue Service Criminal Investigations Division, under the direction of Special Agent in Charge Harry Chavis, and the United States Department of Transportation, Office of Inspector General, under the direction Special Agent in Charge, Brian Gallagher, Northeast Region.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former postal worker sentenced for stealing mailRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Christopher Porter, 37, of Angola, NY, who was convicted of theft of mail by an officer or employee, was sentenced to serve two years’ probation and 100 hours of community service by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that between 2021 and May 2022, Porter was employed by the United States Postal Service (USPS) as a City Carrier, assigned to the West Seneca Post Office. In October 2021, Porter stole an envelope containing a Wegmans gift card and a Target gift card, which he gave to his wife. In addition, on various dates in March 2022, Porter opened envelopes and mail and rifled through the mail items, delaying their delivery.
The sentencing is a result of an investigation by the United States Postal Service, Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent-in-Charge Matthew Modafferi.
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Two Honduran men arrested, charged with illegal reentryRead the Press Release
BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Arlen Saul Castillo, 29, and Jonathan Esteban Osario Lopez, 32, both citizens and nationals of Honduras, were arrested and charged in separate criminal complaints with illegal reentry, which carries a maximum penalty of two years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Smith, who is handling the case, stated that according to the complaints, on October 8, 2025, a Lancaster police officer conducted a traffic stop of a vehicle on Central Avenue. the vehicle did not have a license or identification with him. Castillo and Osario Lopez, passengers in the vehicle, were arrested after admitting that they were illegally present in the United States without any valid immigration documents that would allow them to remain. Subsequent investigation determined that Castillo was physically removed from the United States in December 2011, and Osario Lopez was physically removed from the United States in August 2013, and December 2013.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
Castillo and Osario Lopez made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and were detained.
The complaints are the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge David Banks.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Repeat felon going back to prison on drug and gun chargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Angel Ruiz, 47, of Buffalo, NY, who was convicted of possession with intent to distribute 400 grams or more of fentanyl and being a felon in possession of a firearm and ammunition, was sentenced to serve 15 years in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that in early 2024, law enforcement began targeting the use of the U.S. Postal Service by drug trafficking organizations to ship narcotics into the greater Buffalo area. During the week of October 20, 2024, the U.S. Postal Inspection Service identified two parcels being shipped from California, one destined for a Plymouth Avenue address, the other a Military Road address, both in Buffalo. Investigators determined that the parcels were likely intended for or related to Ruiz, who investigators had previously observed at the Plymouth Avenue address. After both parcels were delivered on October 24, 2024, investigators attempted a traffic stop of Ruiz’s vehicle, but he refused to yield. Investigators subsequently located the vehicle parked near Ruiz’s Ross Avenue residence. Ruiz was taken into custody as he exited his residence.
During a search of the residence, law enforcement found quantities of cocaine and fentanyl pills, and drug paraphernalia. In addition, a handgun with 15 rounds of ammunition was found inside a safe. In the backyard of the Ross Avenue residence, law enforcement located the two parcels that had been mailed to the Plymouth Avenue and Military Road addresses. One of the parcels contained approximately one kilogram of fentanyl and the other contained approximately one kilogram of heroin. Two cell phones were also recovered, which contained a video message sent to Ruiz stating that the parcels had arrived.
Ruiz was convicted of felony crimes in Erie County Court in June 1996, April 2004, February 2008, and June 2022. In addition, he was convicted of a felony crime in United States District Court for the Western District of New York in May 2017. As a result, Ruiz is legally prohibited from possessing a firearm and ammunition.
The sentencing is of the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward, Boston Division.
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Former Gow school administrator going to for prison production of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Matthew Fisher, 52, of South Wales, NY, who was convicted of production of child pornography, was sentenced to serve to 26 years in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara. Fisher was also ordered to pay $22,500 in restitution.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between June 2022, and November 2023, Fisher was employed as the Associate Director of Enrollment and Management at the Gow School, a private boarding school in South Wales, NY. Fisher resided on the Gow School campus. He utilized hidden cameras to create and attempt to create videos of at least five minor males engaged in sexually explicit conduct. During the investigation, several of Fisher’s electronic devices were seized and found to contain child pornography depicting the five victims and several yet to be identified minor individuals.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Philip Tejera, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, the Niagara Frontier Transportation Authority Transit Police Department, under the direction of Chief Brian Patterson, and the East Aurora Police
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Buffalo man pleads guilty to new child pornography chargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Oscar F. Hernandez III, 23, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography involving a prepubescent minor following a prior conviction under New York law relating to possession of child pornography. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Douglas A.C. Penrose, who is handling the case, stated that in December 2022, Hernandez was convicted of Attempted Possessing a Sexual Performance by a Child in New York State Court and sentenced to serve six years of probation. On June 18, 2024, Hernandez used Instagram to share two child pornography videos with another Instagram user, who he believed to be a minor. Hernandez used a cellular telephone to upload the videos to Instagram and share them with the other user. On May 14, 2025, a search warrant was executed at Hernandez’s residence, during which law enforcement seized a number of electronic devices, including a cellular telephone, which contained 15 images of child pornography.
The plea of the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan and the National Center for Missing and Exploited Children.
Sentencing is scheduled for February 20, 2026, at 2:00 p.m. before Judge Sinatra.
Buffalo man arrested on cocaine chargeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Luis Rodriguez, 47, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, which carries a maximum penalty of 20 years in prison and $1,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on October 16, 2025, investigators executed search warrants at Rodriguez’s Grant Street residence, a suspected stash house on Dewitt Street owned by Rodriguez, and on his vehicle. During the searches, law enforcement seized two firearms, approximately 546 grams of suspected cocaine, and a digital scale.
Rodriguez made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.
The complaint is of the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Guatemalan men arrested for illegal re-entryRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Hugo Lopez Morales, 48, and Martin Lopez Morales, 30, both a citizen and national of Guatemala, were arrested and charged in separate criminal complaints with illegal re-entry, which carries a maximum penalty of two years in prison and a $250,000 fine. In addition, Hugo Lopez Morales is charged with illegal re-entry of a previously deported alien following a felony conviction, which carries a maximum penalty of 10 years in prison.
Special Assistant U.S. Attorney Michael J. Smith, who is handling the case, stated that according to the complaints, on the afternoon of August 16, 2025, Hugo Lopez Morales was driving a vehicle at the Lewiston Bridge Port of Entry in Lewiston, NY. There were five passengers in the vehicle, including Martin Lopez Morales. Neither defendant had valid U.S. entry documents. The occupants of the vehicle were escorted to secondary inspection. Subsequent investigation determined that Hugo Lopez Morales was physically removed from the United States to Guatemala in November 2016. Also, he was previously convicted of illegal reentry in June 2023 and was again deported in August 2023. In addition, he previously voluntarily returned from the United States to Mexico in July 1998, and December 2004. Martin Lopez Morales was physically deported to Guatemala in October 2020. He was also given a voluntary return from the United States to Mexico in April 2001 and twice in May 2021.
The defendants made initial appearances before U.S. Magistrate Judge H. Kenneth Schroder, Jr. and were detained.
The complaint is a result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Man from Ecuador pleads guilty to visa fraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Pablo Marlon Frias Teran, 40, a citizen and national of Ecuador, pleaded guilty before U.S. District Judge Richard J. Arcara to Visa fraud, which carries a maximum penalty of 10 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Michael J. Smith, who is handling the case, stated that on August 26, 2025, Frias Teran was encountered by Customs and Border Protection officers in possession of a counterfeit United States Permanent Resident Card, which alleged his legal status in the United States. Frias Teran admitted that the document was not legitimate. Further investigation determined that Frias Teran was never granted a lawful Permanent Residence Card for the United States.
The plea is a result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for December 23, 2025, at 12:30 p.m. before Judge Arcara.
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Buffalo man pleads guilty to defrauding SSA out of tens of thousands of dollarsRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that John Vincent Ridgeway, 75, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to failure to disclose an event impacting eligibility for supplemental security income benefits, which carries a maximum penalty of five years in prison and a $250,000.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in January 1974, Ridgeway began receiving Supplemental Security Income (SSI) payments administered by the Social Security Administration (SSA), based upon his representation that he is disabled and does not own countable resources exceeding $2,000 in value.
In January 2004, Ridgeway purchased property on Langmeyer Avenue in Buffalo, jointly with his wife. The value of the property at the time exceeded $2,000, which made him ineligible to continue collecting SSI payments. Ridgeway owned the property until March 2017.
In October 2004, Supplemental Security Income purchased property on LaSalle Avenue in Buffalo, the identity of an individual identified as J.J.R. The value of the property at time of purchase exceeded $2,000, which again made him ineligible to continue collecting SSI payments. Ridgeway owned the property until September 2011.
In February 2005, Ridgeway purchased two properties on Northumberland Avenue in Buffalo, the value of which exceeded $2,000. He owned the properties until October 2020, once again making him ineligible to continue collecting SSI payments.
In May 2010, Ridgeway purchased a property on Marigold Street in Buffalo, using the identity of his deceased mother. Once again, the value of the property exceeded $2,000. He owned the property until October 2023.
Ridgeway failed to disclose ownership of any of these the properties to the SSA, with the intent to continue fraudulently collecting SSI payments. In June 2021, Ridgeway completed an SSI redetermination with the SSA. On the redetermination form, he stated that he did not own any property and signed it under the following statement: “I understand that anyone who knowingly lies or misrepresents the truth or arranges for someone to knowingly lie or misrepresent the truth is committing a crime which can be punished under Federal law, State law, or both. Everything on this document is the truth as best I know it.” The SSA determined that Ridgeway’s concealment of his resources resulted in an SSI overpayment of $179,276 between February 2004, and October 2023.
The plea is of the result of an investigation by the Social Security Administration Office of the Inspector General, under the direction of Special Agent-in-Charge Amy Connelly, the Department of Housing and Urban Development, Office of the Inspector General, under the direction of Shawn Rice, and the U.S. Department of State’s Diplomatic Security Service, under the direction of Special Agent-in-Charge Brian Wood.
Sentencing is scheduled for March 18, 2026, before Judge Arcara.
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Plaster’s union member sentenced for defrauding health care planRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Toby Weatherbee, 49, of Pike, NY, who was convicted of theft or embezzlement in connection with health care, was sentenced to serve two years’ probation and pay restitution totaling $44,012 by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Sasha Mascarenhas, who handled the case, stated that between April 2019, and October 2022, in the Western District of New York, Weatherbee was a member of Plaster’s Local Union #9, which maintained a health care benefit program designed to reimburse union members for legitimate and valid out of pocket medical expenses. In May 2021, Weatherbee submitted a fraudulent invoice from Dansville Dental Professionals, LLP., in the amount of $6,720.00 to the health and welfare fund, converting for his own use funds belonging to the health and welfare fund. In total, between April 2019, and October 2022, Weatherbee submitted a total of 12 fraudulent invoices totaling $44, 012.
The sentencing is a result of an investigation by the U.S. Department of Labor, Employee Benefits Security Administration.
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Man from Ecuador pleads guilty to, sentenced for illegal re-entryRead the Press Release
BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Lucas Cela Saula, 39, a citizen and national of Ecuador, pleaded guilty before U.S. District Judge Richard J. Arcara to re-entry of a removed alien. He was then sentenced to time served and turned over to Immigration and Customs Enforcement.
Special Assistant U.S. Attorney Michael J. Smith, who is handling the case, stated that in November 2014, Cela Saula was physically removed from the United States. On September 7, 2025, he was found in Erie County, NY, and did not have any documents allowing him to be legally present in the United States.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The plea and sentencing are the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge David Banks.
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Honduran man pleads guilty to, sentenced for illegal reentryRead the Press Release
BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Miguel Angel Vasquez-Amaya, 46, a citizen and national of Honduras, pleaded guilty before U.S. District Judge Richard J. Arcara to re-entry of a removed alien. He was sentenced to time served and turned over to Immigration and Customs Enforcement.
Special Assistant U.S. Attorney Michael J. Smith, who handled the case, stated that on August 31, 2025, Vasquez-Amaya was a passenger in a vehicle that was encountered by Customs and Border Protection at the Peace Bridge Port of Entry. The vehicle was referred for secondary inspection. An immigration records check revealed that Vasquez-Amaya was physically removed from the United States in November 2002.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
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Honduran man arrested, charged with illegal reentryRead the Press Release
BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Ever Esau Soliz Espana, 30, a citizen and national of Honduras, was arrested and charged by criminal complaint with illegal reentry, which carries a maximum penalty of two years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Michael J. Smith, who is handling the case, stated that according to the complaint, on October 7, 2025, Soliz Espana was arrested by U.S. Border Patrol agents at a hotel in Hamburg, NY. Further investigation determined that Soliz Espana was physically removed from the United States in December 2014.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
Soliz Espana made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The complaint is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge David Banks.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Guatemalan man pleads guilty to, sentenced for illegal re-entryRead the Press Release
BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that Martin Lopez Morales, 30, a citizen and national of Guatemala, pleaded guilty before U.S. District Judge Richard J. Arcara to re-entry of a removed alien. He was then sentenced to time served and turned over to Immigration and Customs Enforcement.
Special Assistant U.S. Attorney Michael J. Smith, who handled the case, stated that Lopez Morales is a citizen and national of Guatemala. He was physically removed from the United States in October 2020. On August 16, 2025, Lopez Morales was found in Niagara County, NY, and did not have any documents allowing him to be legally present in the United States.
The case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
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