Western District of New York
Press releases recorded for this federal judicial district.
Grand Island Man Sentenced for Drug and Money Laundering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Eric Marshall, 42, of Grand Island, NY, who was convicted of conspiracy to distribute 5 kilograms or more of cocaine and money laundering, was sentenced to 65 months imprisonment by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2007 and 2009, Eric Marshall supplied kilogram quantities of cocaine to Glance Ross and others, who were distributing cocaine, in the City of Buffalo. During that time, Marshall stored the cocaine in suitcases at a home in Buffalo, New York. In order to disguise his narcotics proceeds, Marshall gave some proceeds to Montique Shelton and had Shelton purchase defendant a home at 341 Hinman Avenue, in Buffalo, New York. As part of his sentencing, the defendant forfeited 341 Hinman Avenue, other property located in Buffalo, a Toyota Avalon, and a BMW.
The sentencing is a result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Kevin P. Lyons, and the New York State Police, under the direction of Major Edward Kennedy.
Buffalo Woman Pleads Guilty to Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Elisa Rivera Ortiz, 36, of Buffalo, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to attempted possession, with intent to distribute, cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on April 8, 2017, United States Postal Inspectors intercepted a package that was addressed to the defendant. Inside, the Postal Inspectors found cocaine. On June 30, 2017, inspectors again intercepted a package addressed to the defendant. Once again, they found cocaine.
On July 6, 2017, a controlled delivery of a package containing sham cocaine and a monitoring device was made to the defendant’s Warren Avenue residence. Once the monitor alerted investigators that the package had been opened, they entered the residence and executed a search warrant. Ortiz attempted to run out the side door but was taken into custody.
During the search, investigators located drug packaging materials, a digital scale with suspected cocaine residue, and a small bag of marijuana. Ortiz’s son and three other minor children were in the residence at the time.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly Binkowski.
Sentencing is scheduled for May 25, 2018, at 12:30 p.m. before Judge Arcara.
Buffalo Man Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Feliciano-Miranda, 37, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine, and possession of a firearm in furtherance of drug trafficking, was sentenced to 147 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Scott S. Allen, Jr., and Wei Xiang, who handled the case, stated that between April 2015 and April 2016, Feliciano-Miranda assisted co-defendant Manuel Freire who coordinated the receipt, and subsequent distribution, of wholesale quantities of heroin and cocaine in Buffalo from sources in Puerto Rico and New York City.
On April 24, 2015, federal law enforcement officers intercepted a parcel mailed from Puerto Rico destined for a residence on Hudson Street in Buffalo. A half a kilogram of cocaine was hidden in speakers contained in the parcel. Two other co-conspirators, who, at Freire’s direction, went to retrieve the parcel, were arrested.
In early 2016, Feliciano-Miranda and Freire began selling heroin out of 247 Niagara Street in Buffalo. On April 1, 2016, law enforcement officials executed a search warrant at that property. During the search of Feliciano-Miranda’s Jeep Cherokee, law enforcement officials discovered a “trap,” a hydraulic powered concealment chamber that can only be opened after several sequential steps, which drug traffickers use to conceal quantities of contraband when traveling long distances.
Another search warrant was executed at a residence on Byrd Way, which led to the recovery of a loaded firearm.
Manuel Freire has been convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Erie County Sheriff’s Office, under the direction of Timothy Howard; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Kevin P. Lyons; and the United States Postal Inspection Service, under the direction of Boston Division Acting Inspector-in-Charge Raymond Moss.
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Buffalo Man Sentenced on Cocaine ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kelley Thomas, 43, of Buffalo, NY, who was convicted of possession with intent to distribute cocaine, was sentenced to 70 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant was arrested on August 3, 2017, with a kilogram-sized brick of cocaine. Thomas was stopped by Buffalo Police Officers while driving on Richmond Avenue. The only other occupant in his car was a minor female. The cocaine was in his glove compartment.
Buffalo Police were alerted to the defendant by the FBI following physical surveillance and interceptions of wire and electronic communications over a mobile telephone used by Thomas’s supplier.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett.
North Tonawanda Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Myers, 26 of North Tonawanda, NY, pleaded guilty to receipt of child pornography, before Senior U.S. District Judge William M. Skretny. The charge 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 Aaron J. Mango, who is handling the case, stated that in November 2013, the defendant met a 14-year-old female (Victim), on an internet dating site and the two eventually began communicating via text messaging on Kik and Skype. The communications, which were sexually explicit in nature, included Myers requesting sexually explicit phots from the Victim which she sent and he stored on a thumb drive. A subsequent analysis of the thumb drive revealed approximately nine images of child pornography depicting the Victim. Myers was aware that the Victim was a minor at the time she sent the sexually explicit images. The defendant also engaged in online sexual communications with another minor, a 13-year-old female using Kik and text messages.
In addition to the thumb drive, the defendant also possessed other electronic media, which contained child pornography, including a cellular telephone, two laptop computers, and a tablet.
The plea is the result of an investigation by agents of the Federal Bureau of Investigation, at the direction of Kevin P. Lyons, Acting Special Agent-in-Charge, the Cheektowaga Police Department, under the direction of Chief David Zack, and the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia.
Sentencing is scheduled for May 23, 2018, at 10:00 a.m. before Judge Skretny.Former Niagara Falls Police Officer, Two Co-Defendants Plead Guilty for Their Roles in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that former Niagara Falls, NY, Police Officer Stephanie A. Costanzo, 29, pleaded guilty to managing a drug involved premises before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine. In addition, co-defendants Raymond Hopson and Lindsay Carrier pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine which is punishable by a mandatory minimum sentence of five years in prison, a maximum of 40 years and a fine of $5,000,000.
Assistant U.S. Attorney Joel Violanti, who is handling the case, stated that between July 28, 2016, and November 8, 2016, Raymond Hopson made several sales of crack cocaine to an undercover (UC) officer posing as a drug customer. During that time, Hopson was living with Stephanie Costanzo, at her residence on Grand Avenue in Niagara Falls. Hopson would store some of his cocaine, along with paraphernalia used to weigh and distribute the cocaine, at the residence.
On November 9, 2016, Special Agents from the Drug Enforcement Administration (DEA), along with the Niagara Falls Police Department executed a search warrant at Costanzo’s residence. Agents and officers recovered approximately 5.6 grams of cocaine, a digital scale used for weighing and distributing the cocaine, and drug paraphernalia used to package and distribute the cocaine. Although she did not participate in the distribution of the controlled substances, Costanzo was aware that Hopson stored his cocaine and paraphernalia at her residence.
Lindsay Carrier conspired with Raymond Hopson to distribute crack cocaine. On five occasions between July 28, 2016, and November 8, 2016, Hopson obtained crack cocaine from Carrier and then sold it to an undercover officer. A search warrant executed at the Willow Avenue residence of Carrier’s mother, resulted in the seizure of quantities of cocaine and crack cocaine.
The pleas are the result of an investigation by the Niagara Falls Police department, under the direction of Superintendent Bryan Dalporto, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.Costanzo is scheduled to be sentenced on May 30, 2018, at 12:30 p.m. before Judge Arcara. Hopson and Carrier are scheduled to be sentenced on May 29, 2018, at 12:30 p.m. and 1:00 p.m. respectively, also before Judge Arcara.
Rochester Psychiatrist Sentenced for Illegally Distributing Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Clifford Jacobson, M.D., 68, of Rochester, NY, who was convicted of illegally distributing a controlled substance, was sentenced to one year probation to include four months of home confinement by U.S. District Judge Charles J. Siragusa. Jacobson was also required to surrender his license to practice medicine and pay to $75,000 in financial penalties, including to Medicaid and the federal government.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Dr. Jacobson was a practicing psychiatrist. From 2014 to 2017, he sold prescriptions for Schedule IV controlled substances, including clonazepam, to undercover agents and patients who had no medical necessity for the drug but who sought to use it recreationally. The defendant charged his patients $120 for each illegal prescription.
The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and investigators of the Medicaid Fraud Control Unit, acting under the direction of New York State Attorney General Eric Schneiderman.
Ring Leader Pleads Guilty in Debt Collection SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Joseph Ciffa, 49, of Grand Island, NY, pleaded guilty to conspiracy to commit wire fraud and filing a false tax return before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that Ciffa has been involved in the debt collection business since at least 2013. Since early 2015, the defendant ran, and conspired with others to run, an illegitimate debt collection business, operating out of multiple locations, which included: 1625 Buffalo Avenue in Niagara Falls, NY; 870 Ontario Street and 1567 Military Road, both in Kenmore, NY; and out of his home office on Grand Island.
The operation utilized fraudulent means to collect debts, to recollect on debts already collected, to over-collect on debts actually owed, and to process and transfer payments related to the collection of such debts. Debt collectors made threatening statements over the telephone to debtors in an effort to induce payment of debts. Those statements included reference to criminal statutes, and the filing of criminal complaints and/or warrants. In order to intimidate debtors and induce payment, debtors were routinely routed to employees who posed as attorneys during the calls.
Between January 2015, and December 2016, the defendant’s operation collected approximately $3,061,205 from victims.
Ciffa also filed a false tax return for the tax year 2015, underreporting his business income, thereby avoiding a total tax liability of approximately $15,651.
In addition, as part of the plea, the defendant admitted that in 2016, he committed fraud involving Medicaid benefits. Ciffa lied in an application to the Erie County Department of Social Services, by under-reporting his income, in order to obtain benefits for himself and his children.
Ciffa was charged along with five others defendants and is the first to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
“The defendant sought to enrich himself by preying on those who were in debt and by fraudulently acquiring for his own use benefits that were intended for the less fortunate of our society,” stated U.S. Attorney Kennedy. “As this plea demonstrates, this Office remains committed to protecting the vulnerable and to bringing to justice those who seek to cheat the system.”
“Ciffa used threats to collect on debts, even on debts that were already paid,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This man preyed on the vulnerabilities of others, and HSI, along with its law enforcement partners, will continue joint investigations to stop others from using the same corrupt scheme.”
"Today's plea shows that people who file returns and do not report all of their income will be held accountable for their deceit," said IRS Criminal Investigation Special Agent- in-Charge James D. Robnett. "IRS Criminal Investigation, together with the Department of Justice will continue to investigate and prosecute those who violate our tax system."
"This defendant's myriad of embezzlement schemes knew no bounds,” said New York State Inspector General Catherine Leahy Scott. “He preyed on taxpayers through a brazen fraud enabling him to steal government health care benefits to which he was not entitled, and which were meant only for those truly in need. Today's plea is the result of an investigation and prosecution culminated through a successful partnership between State and federal law enforcement agencies. I will continue to aggressively investigate these cases and protect New Yorkers from such egregious fraud and abuse."The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss; and the New York State, Office of Inspector General, under the direction of Inspector General Catherine Leahy Scott.
Sentencing is scheduled for May 24, 2018, at 12:30 p.m. before Judge Arcara.
Nigerian Man Sentenced for Using A False PassportRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ibilola Rasheedat Yussuf, 30, of Nigeria, who was convicted of using a passport secured by a false statement in application, was sentenced to nine months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that on September 12, 2017, the defendant applied for admission to the United States at the Peace Bridge Port-of-Entry in Buffalo. As proof of identity and citizenship, Yussuf presented a fraudulently obtained United States passport bearing the name Olivia Payne, born in 1981 in Chicago, Illinois. This passport was secured by reason of false statements provided in a passport application.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Niagara Falls Man Sentenced for Selling Counterfeit GoodsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mohsen Kassem Abdulrab, 58, of Niagara Falls, NY, who was convicted of trafficking in counterfeit goods, was sentenced to two years supervised release and fined $2,000 by Chief U.S. District Judge Frank P. Geraci Jr.
Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that between January 6, 2014, and February 13, 2014, the defendant sold or attempted to sell unauthorized copies of trademarked works at his store, the Hip Hop Center, located at 2417 Pine Avenue in Niagara Falls. The counterfeit merchandise included UGG, Michael Kors, The North Face, National Basketball Association, National Football League, Major League Baseball, Polo Ralph Lauren, Louis Vuitton, Coach, Timberland, and others. The value of the counterfeit merchandise, if genuine, was more than $40,000.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Home Health Care Aide Pleads Guilty to Defrauding Her EmployerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cassie Tillinghast, 32, of Buffalo, NY, who was convicted of bank fraud, was sentenced to 10 months in prison, two years supervised release to include six months home detention, and ordered to pay restitution totaling $6,464.89 by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that in May 2015, the defendant was hired as an in-home health care aide to assist with the care of Victim 1’s elderly mother in the home of Victim 1 and her husband. Subsequently, Tillinghast fraudulently applied for a Discover credit card in the name of Victim 1, and between November 25, 2015, and December 21, 2015, the defendant fraudulently used the Discover credit card in Victim 1’s name at retail establishments in the Western District of New York to obtain goods and merchandise. Discover Financial Services suffered a total loss of $6,462.89.
In addition, Tillinghast manipulated Victim 1 into buying her a truck, motorcycle, house, jewelry, and giving her cash. The defendant also convinced Victim 1 to change her will, making Tillinghast the main beneficiary of her estate, change her two life insurance policies designating Tillinghast and her children as beneficiaries of those policies, and execute a health care proxy giving Tillinghast the ability to make health care decisions.
At the time the defendant committed this offense, she was on probation for Attempted Grand Larceny in Third Degree.
The sentencing is the result of an investigation by the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss, Boston Field Division.
Convicted Felon Sentenced for Being in the U.S. IllegallyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cesar Cruz-Perez, 35, of Mexico, who was convicted of being a removed alien found in the United States subsequent to a conviction for an aggravated felony, was sentenced to 21 months in prison by Chief U.S. District Judge Frank P. Geraci Jr.
Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that on August 9, 2017, the defendant, a citizen of Mexico, was located in Clarence, NY. Cruz-Perez admitted to law enforcement officers that he was illegally present in the United States. A subsequent record check determined that in 2004, the defendant was convicted in New Jersey of possessing a Controlled Dangerous Substance on school property, a felony offense. Cruz-Perez was also previously removed to Mexico on two separate occasions in 2007.
The sentencing is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.
Canadian Citizen Sentenced for Cash SmugglingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today Richard Clarke, 49, a Canadian citizen residing in Buffalo, who was convicted of bulk cash smuggling out of the United States, was sentenced to 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on November 16, 2016, Clarke transported more than $10,000 in United States currency from the U.S. into Canada. However, the defendant failed to report the transportation of the currency, which he was legally required to do.
Clarke was charged in this case along with co-defendants Joshua Castro and Barrett Johnson. Castro has been convicted of conspiracy to distribute controlled substances for conspiring with others to possess and distribute “Molly,” a Scheduled I controlled substance. Charges are pending against Johnson. 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.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.
Buffalo Man Pleads Guilty for His Role in A Drug Trafficking Ring Linked to A Mexican Drug CartelRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Pethrod Dunnigan, 40, of Buffalo, NY, pleaded guilty to conspiracy to distribute five kilograms or more or cocaine, and money laundering conspiracy before U.S. District Judge Elizabeth A. Wolford. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between 2012 and March, 2016, the defendant conspired with Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Max Riestra, and others, to distribute cocaine and hide the proceeds from the illegal drug sales.
Co-defendants Ballardo and Lua-Guizar received shipments from California and then sold the cocaine to Dunnigan and others. The defendant paid $35,000 for each kilogram of cocaine received and then took the kilograms of cocaine to an apartment building on Delaware Avenue and store them in an abandoned apartment.
Most of the drug proceeds were sent back to California by structured deposits made under the $10,000 reporting requirement at Bank of America branches. Dunnigan made multiple structured deposits at different Bank of America branches. The defendant and his co-conspirators accounted for over $1,000,000.00 in structured deposits in Buffalo. A ledger for structured deposits was recovered from a stash house in California. In that stash house, law enforcement officers also recovered shipping materials, 21 kilograms of cocaine, and three kilograms of heroin. On at least one occasion, the defendant shipped about $500,000 in U.S. currency to California by hiding the cash in a small refrigerator within a crate.
A total of seven defendants have been indicted in this sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drugs to various states including New York, New Jersey, Illinois, Colorado, and Ohio. To date, four defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.Sentencing is scheduled for May 8, 2018, at 3:00 p.m. before Judge Wolford.
Seneca Falls Man Sentenced for Filing False Tax ReturnsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that James LaRock, II, 43, Seneca Falls, NY, who was convicted of filing a false tax return, was sentenced to three years probation and ordered to pay restitution to the Internal Revenue Service in the amount of $107,000 by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Richard A. Resnick and Tiffany H. Lee, who handled the case, stated that for the tax years 2010-2013, the defendant, who is self-employed in the logging and firewood business, filed false personal income tax returns. Among other things, LaRock understated his gross receipts and omitted the cost of goods. In total, the defendant omitted approximately $280,470.72 in taxable income, resulting in a tax loss of $107,749 to the Internal Revenue Service.
The sentencing is the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Ghanaian Man Pleads Guilty to His Role in Internet Romance Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy announced today that Adams Amen, 32, a citizen of Ghana, who resides in Detroit, Michigan, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that between March 28, 2015, and June 15, 2017, the defendant conspired with Jason Osei Bonsu and other Ghanaian nationals to devise an internet romance scheme to defraud victims and obtain money.
In furtherance of the scheme, Amen’s co-conspirators utilized a dating website, MillionaireMatch.com, to engage victims in communications online and over the phone to develop a rapport with victims and convince victims that they were developing romantic relationships via the internet. Victims received alleged pictures of the co-conspirators that were actually photographs of others downloaded from the internet. For example, Victim 1, who resides in the Western District of New York, received images of a person known to her as “Marvin Roecker,” but the image actually depicted a real estate agent from Texas, whose name is not “Marvin Roecker.”
After successfully building rapport, victims were asked to wire money to assist with fictitious business ventures, family emergencies, or inheritances. Victims did so, wiring funds to accounts in Ghana, the United Kingdom, and to accounts in the United States controlled by Ghanaian nationals, including Amen.
On March 2, 2016, Victim 1 wired $65,000 to Amen’s TD Bank account. Text messages between the defendant and co-defendant Jason Osei Bonsu demonstrate that both were participants in the scheme to defraud Victim 1. For instance, Amen and Bonsu discussed quickly withdrawing Victim 1’s money to prevent the bank from becoming suspicious. Subsequently, on March 21, 2017, following a request by “Marvin Roecker,” Victim 1 wired another $180,000 to a bank account located in the United Kingdom, which was controlled by a co-conspirator.
Between March 28, 2015, and June 15, 2017, victims wired $881,656 directly to accounts controlled by the defendant. One victim deposited $27,990 cash directly into Amen’s account. Victims lost a total of $909,646.
Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for May 23, 2018, at 1 p.m. before Judge Arcara.
California Man Pleads Guilty to His Role in Illegal Immigration SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Marguin Sanchez, 23, of California, pleaded guilty to conspiracy to employ unlawful aliens before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant, along with co-defendant Jose Sanchez-Ocampo, assisted co-defendant Sergio Ramses Mucino, in hiring illegal aliens to work at four Mexican restaurants including Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore. The defendant was responsible for paying wages to the workers in cash and purchasing homes in his name where the illegal aliens who worked in the restaurants resided.
Jose Sanchez-Ocampo has been convicted and is scheduled to be sentenced on March 5, 2018. Charges are pending against Sergio Ramses Mucino. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Marguin Sanchez is scheduled to be sentenced on June 7, 2018, at 2:30 p.m. before Chief Judge Geraci.
Buffalo Man Sentenced for Obstructing JusticeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy announced today that Jeffrey Mills, 47, of Buffalo, NY, who was convicted of obstruction of justice, was sentenced to 65 months in prison by U.S. District Judge Richard J. Arcara.
“Our entire adversarial system of justice is dependent upon the truthful testimony of witnesses in a court of law,” stated U.S. Attorney Kennedy. “However, when the greatest fear perceived by a witness is that such witness will face retaliation in the event that they provide truthful testimony, the entire system breaks down. We cannot and will not allow that to happen. Truth is the voice of justice. Hopefully, this prosecution and today’s sentencing sends a loud and clear message to the community that the men and women of my Office, together with our law enforcement partners, will do all that we can to protect the rule of law and to ensure that the truth is never silenced.”
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on May 21, 2015, the defendant provided information to his parole officer, law enforcement officers and a prosecutor regarding two homicides and a robbery/kidnapping. Mills stated that he saw his cousin, Thamud Eldridge, run from the area where Sam Jones, Jr., aka Smokey, was murdered. The night Smokey was killed, Mills said that he was riding a bicycle on Bissell Avenue when he heard gunshots. The defendant then saw his cousin Eldridge run through the “cut” from Goodyear Avenue to Bissell Avenue, and get into a vehicle that was driven by Kevin Allen and depart the area. Mills also stated that he spoke with an individual who was also on Bissell Avenue and saw Eldridge toss a gun to the individual after the shooting and heard Eldridge ask that individual to “put that joint up,” meaning to hide the firearm. After the murder, the defendant said Eldridge left Buffalo and traveled to Atlanta, Georgia. After returning to Buffalo, Mills said Eldridge told him that he intended to rob Smokey and “everything went wrong,” meaning the defendant killed Smokey. The defendant also gave information about other criminal activity committed by Eldridge. At the conclusion of the interview, the prosecutor told the defendant that he would be called as a witness in the trial against his cousin Thamud Eldridge.
On January 6, 2016, the defendant met with the prosecutor and two law enforcement for pretrial preparation at which time he again recounted hearing gunshots and seeing his cousin Eldridge run through the “cut” from Goodyear Avenue to Bissell Avenue the night Smokey was killed. At the conclusion of the pretrial preparation, the prosecutor once again told Mills he would be called as a trial witness.
On February 3, 2016, the prosecution called the defendant as a witness in United States v. Eldridge, et al. As U.S. Marshals Service deputies escorted Mills into the courtroom, the defendant walked by his cousin Eldridge and winked his eye at Eldridge and then sat on the witness stand. Mills refused to be sworn and told the Court that, “it wasn’t going to happen.” The Judge cautioned the defendant about criminal contempt and Mills was assigned counsel.
The following day, on February 4, 2016, the defendant took the stand again and agreed to take the oath. The prosecutor questioned Mills regarding the murder of Smokey but the defendant stated he could not remember. When confronted with information he previously gave, Mills testified falsely and feigned memory loss by repeatedly stating that he said he did not recall, did not remember and that he had no recollection of that day. The defendant willfully answered questions this way to impede the due administration of justice.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
Pittsford Man Sentenced in Million Dollar Food Stamp Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Irving Feldman, 62, of Pittsford, NY, who was convicted of food stamp fraud, was sentenced to 12 months in prison and ordered to pay $729,630 in restitution by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant owned Upstate Fish, Inc., at 826 Joseph Avenue in Rochester, NY. Feldman was authorized to accept and redeem food stamps as the owner of Upstate Fish, Inc. Food stamp benefits are issued by the Food and Nutrition Service of the United States Department of Agriculture (“USDA”) and are distributed to recipients through the use of Electronic Benefit Transfer (“EBT”) cards. When purchasing certain eligible food items, the beneficiary provides the EBT card through an EBT terminal at the authorized retailer. This electronic transfer of benefits is initiated at the retailer’s terminal by deducting benefits from the beneficiary’s account and crediting the amount through an electronic transfer directly from the United States Treasury Department to the retailer’s designated bank account. A retailer is prohibited from exchanging cash for food stamps.
Between January 2010 and October 2015, the defendant illegally purchased food stamp benefits for less than half their full value for cash from eligible beneficiaries. Feldman engaged in approximately $1,227,063 of illegitimate transactions.
In addition, the defendant directed beneficiaries to purchase fish at other fish stores using their EBT card. The beneficiaries would then bring the fish to the defendant at Upstate Fish, Inc. and Feldman would provide cash to the beneficiaries in amounts less than the cost to purchase the fish. The loss amount from this additional scheme was approximately $202,620.
“The schemes concocted by defendant—real-life fish stories—resulted not only in nutrition assistance being withheld from low-income individuals but also led to significant sums of money being fraudulently diverted from the needy to defendant,” noted U.S. Attorney Kennedy. “I’d like to commend our federal, state, and local partners for their excellent cooperation and assistance in helping us to catch this defendant and successfully prosecute him in federal court.”
“This corner fish market was a front for the owner’s brazen seven-figure criminal scheme in which he took advantage of society’s most financially vulnerable, as well as our critical welfare system, for his own personal greed,” said New York State Inspector General Catherine Leahy Scott. “I will continue to work closely with my law enforcement partners to put a stop to corrupt business owners illegally profiting from vital government programs.”
The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction Special Agent-in-Charge Bethanne M. Dinkins; the Rochester Police Department, Economic Crimes Division, under the direction of Chief Michael Ciminelli; the Monroe County Department of Social Services, under the direction of Corinda Crossdale; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the New York State, Office of Inspector General, under the direction of Inspector General Catherine Leahy Scott.Boys and Girls Club Shooter Sentenced on Federal Robbery and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Johnny Blackshell, Jr., 23, Rochester, NY, was sentenced to 147 months in prison by U.S. District Judge Charles J. Siragusa based upon his November 2017 plea to Hobbs Act Robbery and brandishing a firearm in furtherance of a crime of violence. The defendant was also ordered to serve five years of post-release supervision if he is released from state prison. Blackshell was previously sentenced in state court to life in prison without parole for the murders of Johnny Johnson, Raekwon Manigault, and Jonah Barley during a mass shooting outside the Boys & Girls Club of Rochester on August 19, 2015.Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on August 10, 2015, at approximately 3:20 a.m., Blackshell and co-defendant Joseph Lowry entered the 7-Eleven convenience store located on Lake Avenue in Rochester intending to rob both cash and goods. After entering the store, the defendant and Lowry jumped over the service desk and ordered the employees to the ground. Blackshell then pointed a silver handgun at the victim’s head and instructed the victim to open the cash register. Lowry took $80 in United States currency from the cash register. In addition to the money, Blachshell and Lowry took an unknown quantity of cigarettes, tobacco, chewing gum, and numerous rolls of New York State scratch-off lottery tickets. The two then left the store and ran eastbound towards Lake Avenue. Several of the stolen lottery tickets were later redeemed, and attempted to be redeemed, as winners. Blackshell received monies for the winning lottery tickets.
Lowry was previously convicted and sentenced to 128 months in prison.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent–in-Charge Kevin Lyons, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
United States Attorney’s Office Recovers Nearly $18,000,000 in Fiscal Year 2017Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. ‐ U.S. Attorney James P. Kennedy, Jr. announced today that in Fiscal Year (FY) 2017, the Western District of New York Office recovered $17,889,000 as a result of wide‐ranging efforts in criminal, civil and asset forfeiture cases. Of that amount, $7,223,745 was given to victims of crime in the past year, while $772,000.22 was provided as aid to state and local law enforcement agency partners who worked hand in hand with the office on criminal cases. In addition, as part of an effort to combat fraud, waste, and abuse directed against the government, the Office collected $7,477,119 in affirmative civil enforcement actions, which include proceedings involving health care fraud, government fraud, and more.
“Speaking both literally and figuratively, the tremendous work done by the dedicated women and men of this Office is truly priceless,” said U.S. Attorney Kennedy. “For not only are the ideals embodied by the work done by this Office—ideals such as upholding the rule of law and preserving justice and equality—themselves without a price, by bringing in more money than we are allocated each year in our budget, we accomplish our virtuous mission while giving more back to the government coffers than we receive. By any measure, ours is a highly successful business model.”
In addition to recovering funds, a total of 167 dangerous firearms, along with ammunition were forfeited in FY 2017 as instrumentalities of criminal conduct in drug and violent gang cases. Computers and electronic media devices—most related to child exploitation cases—were also forfeited.
Kennedy specifically credited the work done by his Office’s Asset Forfeiture and Financial Litigation Unit, under the leadership of Chief Richard D. Kaufman and Deputy Chief Kevin D. Robinson, and his Office’s Affirmative Civil Enforcement Unit, under the leadership of Civil Chief Mary Pat Fleming and ACE Coordinator AUSA Kathleen A. Lynch.
Rochester Man Sentenced for Selling Counterfeit CoinsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Timothy Meacham, 32, of Rochester, NY, who was convicted of selling counterfeit coins, was sentenced to three years probation and ordered to pay $5,184.00 in restitution by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that in May 2017, Meacham posted an ad on Craigslist advertising the sale of two genuine United States gold collector coins. The defendant used a false name and concealed his phone number in the ad in order to hide his true identity. The victim, a Pennsylvania man, contacted Meacham and traveled to Rochester on May 15, 2017, at which time he purchased the counterfeit coins for $5,000.00 cash. As part of the fraud, the defendant falsely represented that the coins were authentic and had been passed to Meacham from his deceased grandfather. The defendant also falsely represented that he needed to sell the coins in order to pay for funeral expenses related to the unexpected death of a family member. Upon his return to Pennsylvania, the victim discovered that the coins were counterfeit and contacted the United States Secret Service in Rochester which began an investigation leading to the arrest of Meacham.
The sentencing is the result of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.
Husband and Wife Plead Guilty in Scheme to Defraud the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bin “Ben” Wen, 46, and Peng “Jessica” Zhang, 45, both formerly of Horseheads, NY, pleaded guilty for their roles in a scheme to defraud the United States before U.S. District Judge Elizabeth A. Wolford. Wen pleaded guilty to conspiracy to commit wire fraud which is punishable by a maximum penalty of 20 years in prison and a $250,000 fine. Zhang pleaded guilty to conspiracy to defraud the United States and faces a maximum sentence of five years in prison and a $250,000 fine. As part of the plea, the defendants agreed to forfeit nearly $5,000,000 in assets derived from their criminal activity.
Assistant U.S. Attorneys Tiffany H. Lee Grace M. Carducci, who are handling the case, stated that between June 2010, and December 2015, the defendants participated in a scheme to defraud departments and agencies of the United States of federal research funds that were awarded to companies controlled by the defendants. The government entities defrauded by the defendants included: the National Science Foundation (NSF); the United States Department of Energy (DOE); and the United States Department of Agriculture (USDA).
In December, 2003, Zhang incorporated United Environment & Energy, L.L.C. (UEE) in Horseheads, NY. Meanwhile, Wen incorporated Advanced Technologies and Materials, L.L.C. (ATM), in December, 2007, also in Horseheads. UEE submitted approximately 13 applications to NSF totaling over $2,600,000, 10 applications to the DOE totaling more than $5,000,000 and four applications to the USDA totaling approximately $650,000. The defendant received, through their companies, approximately $8,400,000 in awards from the NSF, the DOE, and the USDA.
Wen and Zhang submitted false and fraudulent information in Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) applications by:• fabricating letters of support and investment;
• providing false information in research grant proposals and reports regarding business entities, business employees, business/research facilities, matching funds and investments; and
• providing falsified reports and emails regarding how federal research funds were expended.A substantial amount of the fraudulently obtained money went toward the personal use and benefit of the defendants.
“By diverting monies that were intended to promote innovation and technology in small businesses, the defendants, through their frauds, not only swindled taxpayers but stifled economic and scientific development,” stated U.S. Attorney Kennedy. “It is a core responsibility of this Office to ensure that those receiving federal funds are entitled to those funds and that they are spent in accordance with the purposes for which it was given. Wen and Zhang neither deserved nor appropriately dispersed the millions of dollars in grants that they received.”
Allison Lerner, NSF’s Inspector General said, “The defendants conspired to provide false information about their businesses in SBIR/STTR research proposals, correspondence, and reports submitted to the federal government, misrepresenting among other things, their key personnel and investments, and forming multiple sham companies to carry out their fraud schemes. Not only did they divert scarce taxpayer dollars intended for scientific research to personal use, they inflated their budgets with hours for individuals who were not actually employed by or doing research for their business, and doctored their biographies to strengthen their proposals, victimizing legitimate researchers and professionals in the community. I commend the U.S. Attorney’s Office and our investigative partners for their work on this case.”
“The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation,” stated Principal Deputy Inspector General April G. Stephenson. “We appreciate the efforts of our investigative partners and the U.S. Attorney’s Office in pursuing this matter. We will continue to work collaboratively with them to aggressively investigate those who seek to defraud Department programs.”
“In addition to enforcing the nation’s criminal tax laws, we are also an essential part of the larger law enforcement community,” said James D. Robnett, Special Agent-in- Charge, IRS-Criminal Investigation, New York Field Office. “Our specialized financial expertise is needed in these large and complex investigations, where in this case our Criminal Investigators followed the complex flow of money designed by the defendants to conceal fraudulent grant proceeds they obtained. In addition to today’s guilty plea, this led to the seizure of $5,000,000 in assets that will be forfeited.”“This investigation demonstrates that ensuring taxpayer dollars are protected from fraud and abuse is a top priority for both the Office of Inspector General (OIG) and the Department of Transportation (DOT),” said Douglas Shoemaker, DOT OIG Regional Special Agent-in-Charge. “Working with our law enforcement and prosecutorial partners, we will continue our efforts to promote the prevention, detection, and prosecution of contract and grant fraud schemes.”
Today’s plea is the result of a joint investigation by Special Agents with the National Science Foundation, Office of Inspector General, under the direction of Inspector General Allison Lerner; the Department of Energy, Office of Inspector General, under the direction of Principal Deputy Inspector General April G. Stephenson; the Internal Revenue Service, Criminal Investigations, under the direction of Special Agent-in-Charge James D. Robnett, New York Field Office; and the Department of Transportation, Office of Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker.
Former Irondequoit Police Officer Sentenced for Cyber Stalking His Ex-GirlfriendRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that William Robert Rosica, 51, of Irondequoit NY, who was convicted of cyberstalking and computer intrusion, was sentenced to 60 months in prison to be followed by three years of supervised release, by Chief U.S. District Judge Frank P. Geraci, Jr. For the first year of supervised release, the defendant will be on home detention. Judge Geraci also ordered Rosica to pay restitution to the victim totaling $2,215.76.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that between February 2016, and March 2017, the defendant, a former Irondequoit Police Officer, subjected the victim to a relentless campaign directed toward threatening and psychologically torturing his victim and injuring, harassing, and intimidating her. Rosica used direct, indirect, and digital surveillance in a focused campaign of online abuse, physical stalking, and harassment aimed at destroying the victim’s life.
The defendant created multiple fictitious email accounts and sent hundreds of harassing emails and text messages to the victim, her family, and her employer. During this time, Rosica also directed and used other people to conduct physical surveillance of the victim and her family, which included people driving by the victim’s home and place of employment and reporting their observations back to Rosica who then used the information to harass the victim. The defendant improperly used his position as a police officer to access law enforcement databases and other restricted online systems in order to obtain information on the victim and her family. Other harassing behaviors included:
• anonymous emails and text messages directing and instructing the victim to commit suicide;
• unlawfully accessing and attempting to access the victim’s cellular phone online account and attempting to reset the victim’s password;
• unlawfully accessing and attempting to access the victim’s work email and voicemail accounts on several hundred occasions;
• unlawfully accessing and attempting to access the victims’s Walgreens Pharmacy and University of Rochester MyChart health care account on multiple occasions; and
• unlawfully accessing and attempting to access the victim’s Time Warner Cable online account on multiple occasions. Rosica also unlawfully accessed the Time Warner Cable account of the victim’s family.Following his arrest, the defendant made materially false statements to FBI Agents. In addition, the investigation identified several other victims who were subjected to similar physical and digital harassment over several years before he started stalking the victim. As part of the investigation, the FBI conducted extensive electronic and physical surveillance during which they identified Rosica driving by the victim’s home on multiple occasions in various vehicles while attempting to disguise himself from detection. They also obtained footage of the defendant buying some of the items he used to harass the victim, including pay-as-you-go credit cards. Rosica was also captured on audio recordings and digital chats trying to access the victim’s online accounts. The defendant commenced his nearly year-long campaign to harass and torment the victim after she ended their three-year relationship in February 2016.
“The badge worn on the chest of law enforcement officers in our country serves as a gleaming reminder of the many virtues, such as bravery, honor, and duty, found within the hearts they cover,” noted U.S. Attorney Kennedy. “In this case, however, Rosica hid behind his badge and used it to cover the cruel cowardice which existed within his depraved heart. The maximum sentence imposed by the Court was richly deserved.”
"In an ironic and satisfying way, law enforcement identified, arrested, and removed William Rosica from living and working in our community using the same type of techniques he used to sadistically stalk and surveille his victims," said FBI Buffalo Division's Assistant Special Agent in Charge Philip E. Frigm, Jr. "The FBI's Cyber Task Force and its partners conducted this investigation because stalking is no longer only a crime committed by people who physically follow and track their victims. And, today's sentencing proves that cyber stalking -- especially through intrusions as was done in this case -- is no less sinister or frightening."
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and New York State Police under the direction of Major Richard Allen.
Buffalo Man Pleads Guilty to Distributing FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeremy Jorge, 21, of Buffalo, NY, pleaded guilty to distribution of fentanyl before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Scott S. Allen, Jr., and Wei Xiang, who are handling the case, stated that on at least seven occasions, between December 2016 and September 2017, the defendant sold what he marketed as heroin in exchange for sums of money between $300 and $1,300. A forensic analysis later determined that the substances contained a mixture of various controlled substances including heroin, fentanyl, butyryl fentanyl, furanyl fentanyl, and U-47700. In total, Jorge distributed over 24 grams of fentanyl in the Buffalo community.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for May 15, 2018, at 9:30 a.m. before Judge Vilardo.
Woman Charged with Smuggling Cash Across the BorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Liliya Dzyuba, 42, of North York, Ontario, Canada, was arrested and charged by criminal complaint with bulk cash smuggling. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 25, 2018, Customs and Border Protection officers encountered the defendant at the Peace Bridge Port of Entry coming into the United States from Canada. Dzyuba indicated that she was coming to Buffalo and staying for a few days to go shopping at the Eastern Hills Mall. When asked how much money she was traveling with, the defendant responded “$5,000.00.” Dzyuba was given a Customs Declaration form and checked “no” when asked if she was carrying “currency or monetary instruments over $10,000 U.S. or Foreign equivalent.” The defendant declared a total of $5,000 and signed the form.
However, during subsequent searches, officers discovered that Dzyuba was carrying $37,000.00 in U.S. Currency around her waist and hidden in her pants. She also had a list of names and money wire transfer locations in the Buffalo, NY area.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and bail was set at $5,000 cash. The government requested that Judge McCarthy stay his release order. The release order was stayed and another appearance is scheduled for February 1, 2018, at 11:00 a.m.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Florida Man Sentenced in Penny Stock SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that James Palladino, 54, of Delray Beach, Florida, who was convicted of conspiracy to engage in monetary transactions, was sentenced by Senior U.S. District Judge William M. Skretny to six months in prison and ordered to forfeit $175,000.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between February and June of 2011, the defendant and other co-conspirators, participated in a scheme to acquire, manipulate, and trade publicly available stocks of companies with low stock prices (known as "penny stocks"). During the scheme, the defendant and others, directed co-conspirators to issue newsletters containing fictitious and misleading information regarding a targeted stock, which was done in an effort to manipulate the length and intensity of the penny stock promotion scheme. During the scheme, Palladino and others utilized personal brokerage accounts and bank and brokerage accounts in the names of entities they owned and controlled, to fund, trade, and manipulate the price of penny stocks.
During the scheme, the defendant and others made payments totaling $175,000 for the fraudulent stock promotions knowing that the funds used to make the payments constituted criminally derived proceeds from wire fraud activities.
The sentencing is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Canadian Man Suspected of Transporting Drugs Across the Border Arrested on Marijuana ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Maizels, 48, of Ontario, Canada, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, a federal investigation was initiated by Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) Buffalo Border Enforcement Security Team (BEST) into the activities of the defendant and multiple co-conspirators contracted to transport controlled substances between the United States and Canada for transnational criminal organization.
The investigation was based in part on Maizels’ arrest in April 2015 by the Illinois State Police for being in possession of over 100 kilograms of marijuana. On April 7, 2015, the defendant entered the United States at the Buffalo, NY port of entry operating a commercial tractor trailer. On April 8, 2015, Maizels’ made a delivery in Patterson, NJ. Later that day, the defendant arrived in Liverpool, NY, at a warehouse that had been identified by law enforcement officers as a warehouse utilized by individuals based in Canada who were suspected of transporting controlled substances. On April 9, 2015, the defendant traveled to a business in Elk Grove Village, IL. HSI Buffalo provided information to HSI Chicago and the Illinois State Police. The Illinois State Police searched the tractor trailer and found 30 brown boxes which contained 235 heat-sealed bundles of a green leafy substance suspected to be marijuana. The Illinois State Police estimated the street value of the seized marijuana was more than $900,000.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and 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.
California Man Sentenced on Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lawrence Neubert, 46, of Spring Valley, CA, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 4, 2014, and October 2, 2014, the defendant shipped packages, containing more than 220 grams of methamphetamine, from California to Buffalo. Surveillance video from September 4, 2014, showed Neubert preparing the package and paying for its shipment in cash. In exchange for sending the packages, Neubert received $3500 in USPS money orders.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Buffalo Man Indicted on Heroin and Fentanyl ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned an indictment charging Jawayne Watkins, 29, of Buffalo, NY, with possession with intent to distribute, and distribution of, heroin, and possession with intent to distribute, and distribution of a mixture of heroin and fentanyl. The charge carries a maximum sentence of 20 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, in July 2017, an undercover officer made a $1,500 controlled purchase of heroin from the defendant. On November 9, 2017, the defendant made a second sale, this time a mixture of heroin and fentanyl.
Watkins was on New York State parole and living in a halfway house at the time of his arrest in November 2017. The defendant will be arraigned on the indictment before U.S. Magistrate Judge Jeremiah J. McCarthy on February 2, 2018, at 2:30 p.m.
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former Hamburg Resident Sentenced for Wire Fraud and Tax Evasion in Connection with Investment Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Christopher F. Venti, 49, of Ocala, Florida, formerly of Hamburg, NY, who was convicted of wire fraud and tax evasion, was sentenced by U.S. District Judge Elizabeth Wolford to 46 months in prison. Venti was also ordered to pay approximately $1,700,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that the defendant devised and executed schemes to obtain money from individuals by misrepresenting the existence and success of investment opportunities in order to convince those victims to transfer funds to him or to bank accounts he controlled. Venti engaged in three separate investment schemes between May 2011 and February 2014 as a result of which investors were defrauded of approximately $7,700,000. The defendant, without the authorization of the investors, utilized a portion of those investor funds for personal use.
Between 2006 and 2012, Venti also filed individual income tax returns with the Internal Revenue Service on which he willfully evaded the payment of approximately $216,000 in taxes due and owing.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Eight Arrested and Charged in Roundup of Rochester Drug Trafficking OrganizationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Javier Figueroa, a/k/a/ Javi, a/k/a Big Bro, 39, Roberto Figueroa, 42, Leitscha Poncedeleon, 28, and Orlando Yelder, 36, Jose Justiniano-Rodriguez, 18, Jashua Figueroa, 19, and Obed Torres, 21, all of Rochester, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, possession with intent to distribute and distribution of five kilograms or more of cocaine, use of a telephone to facilitate drug trafficking and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life. In addition, Felix Figueroa was arrested and charged in a separate complaint with distribution of cocaine and conspiracy to distribute cocaine, which is punishable by up to 20 years in prison.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that according to the complaint, Carlos Javier Figueroa is the leader of a Rochester-based drug trafficking organization responsible for distributing numerous kilograms of cocaine in the City of Rochester. The organization was involved in the transportation and sale of cocaine and was also responsible for acts of violence in furtherance of the organization’s drug trade. Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics. Carlos Javier Figueroa and his co-conspirators coordinated shipments of cocaine from Puerto Rico, which were sent to locations in Rochester via the United States Postal Service (USPS).
Since September 2017, at least 23 packages have been sent from Puerto Rico to addresses associated with the organization via USPS. Once the packages arrived in Rochester, members of the organization, including Carlos Javier Figueroa, Roberto Figueroa, and Poncedeleon, picked up the packages and took them to another location. The cocaine was then distributed or broken down and packaged for sale in quantities to be further distributed by others.
In April 2017, members of the Rochester Police Department’s Major Crimes Unit and Special Investigations Section received information from an active member of the organization stating that the individual feared for his/her safety. The individual told investigators that Carlos Javier Figueroa was willing to provide a reward for his/her murder and that Carlos Javier Figueroa has had people killed in the past and he/she was very afraid of him.
In December 2017, the Rochester Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives began utilizing court authorized wiretaps and surveilling the area of 6 and 12 Burbank Street in Rochester, believed to be Carlos Javier Figueroa’s residence; 292 Barrington Street in Rochester, believed to be Roberto Figueroa and Poncedeleon’s residence and a stash house where shipments of cocaine are stored; 59 Fernwood Avenue in Rochester, a residence belonging to Carlos Javier Figueroa and the address where at least two packages of suspected cocaine were shipped to from Puerto Rico; and 820 East Main Street in Rochester.
On January 29, 2018, during the execution of state search warrants, law enforcement officers seized more than $600,000 in cash, six assault rifles, two loaded handguns, over three kilograms of cocaine, and a quantity of suspected heroin and fentanyl.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
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.Schuele Boys Gang Member Pleads Guilty to Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Schuele Boys Gang member Antwon Steward, a/k/a Stacks, 34, of Buffalo, NY, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Wei Xiang and Scott Allen, who are handling the case, stated that Steward admitted to participating in a cocaine distribution operation with co-defendant Michael Robertson, a/k/a Bones. Among the defendant’s roles was cooking powder cocaine into “crack” for Robertson. Steward and Robertson also shared supplies of cocaine, locations for storing and selling cocaine, and customers. The investigation utilized court-ordered interceptions of wire and electronic communications between Robertson, the defendant, and customers. Robertson was previously convicted and sentenced to 97 months in prison.
Steward was one of 28 Schuele Boys Gang members, associates and other individuals arrested and convicted in this case. The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, was responsible for multiple acts of violence, including murder, and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.Sentencing is scheduled for May 8, 2018, at 1:00 p.m. before Judge Arcara.
Citizen of Ghana Indicted on Charges of Assaulting Federal OfficersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Nana Dwomah Yeboah, 34, a citizen of the Republic of Ghana, with assaulting and resisting federal law enforcement officers and possessing a controlled substance with intent to distribute. The charges carry a maximum penalty of 20 years in prison and a fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the indictment and a previously filed complaint, on the morning of December 24, 2017, Customs and Border Protection Officers were conducting a routine patrol of the Greyhound bus station on Cumberland Street in Rochester. Officers observed the defendant enter the bus station, place a package on a bench in the lobby area, and exit the station, leaving the package unattended. After several minutes, the officers searched the abandoned package to ensure that it did not pose a threat to the public. Inside, the officers discovered a quantity of marijuana that appeared to be packaged for sale. After several minutes, Yeboah returned to the area and was questioned by the officers, who quickly determined that he was not a U.S. Citizen. As officers attempted to detain and further identify the defendant, he fled the station, leading the officers on a short chase. Yeboah was ultimately apprehended, but proceeded to fight the officers for several minutes, causing one of the officers to suffer facial injuries that required treatment at Rochester General Hospital.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jonathan Feldman and is being detained.
The indictment is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, with assistance from the Rochester Police Department, under the direction of Chief Michael Ciminelli.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Indicted on Heroin Charge in Case Involving Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Brittney Ridgeway, 29, of Buffalo, NY, with possession with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment and a previously filed complaint, on November 24, 2017, at approximately 8:30 p.m., Cheektowaga Police officers responded to a report of a possible overdose death. After the officers arrived, they discovered a deceased 28 year-old female in the residence. Investigators who examined the scene discovered a NARCAN kit which had been opened but unused, items of drug paraphernalia, and a red and white checkered wax envelope, the type commonly used to package heroin.
Also discovered, a cellular phone belonging to the deceased woman. Investigators accessed the contents and recovered a series of text messages between the woman and another individual that appeared to be drug related in nature. Subsequent investigation determined that the other individual was Brittney Ridgeway.
The defendant was previously convicted on a federal charge of conspiracy to possess with intent to distribute and distribution of fentanyl and sentenced to 15 months in prison. Ridgeway was released on June 28, 2017, and began 36 months supervised release.
On November 29, 2017, United States Probation officers met with the defendant. Ridgeway refused to provide her cell phone for examination. Officers then conducted a search of Ridgeway's Waverly Street residence and recovered a box containing numerous red and white checkered wax envelopes, similar in physical size and color to the envelope found near the deceased woman. Ridgeway was uncooperative with Probation Officers conducting the investigation.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Cheektowaga Police Department, under the direction of Chief David Zack; and the U.S. Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo.
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.
Registered Sex Offender Arrested, Charged with Enticement of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Francisco Lopez, 28, of Los Angeles, CA, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity. The charges carry a mandatory minimum penalty of 10 years and a maximum of life in prison.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.
Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.
On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, "hey u there... this bus ride sucks." The UC stated she was due into California around 10:00 pm on January 19, 2018 and asked what to do upon arrival. The defendant replied, "call me or text me. Wait at the station, and ill send an uber." Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.
In 2011, Lopez was convicted of a sexual offense against a child under the age of 14 in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee.
Lopez was arrested in Los Angeles, California and made an initial appearance in Federal Court in the Central District of California. The defendant will be returned to the Western District of New York at a later date.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the City of Tonawanda Police Department, under the direction of Chief William Strassburg, and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Mount Morris Man Sentenced on Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
Buffalo, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Zackery D. Billings, 27, of Mount Morris, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine, was sentenced to 36 months in prison by U.S. District Court Judge Lawrence J. Vilardo.Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between January of 2011 and October 25, 2011, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restrictions on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Billings engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Region; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.
Lockport Woman Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Colette Arne, 67, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution of oxymorphone, a Schedule II controlled substance, was sentenced to two years supervised release by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between January 2012 and January 6, 2014, the defendant sold oxymorphone to a confidential source working with law enforcement officers on two separate occasions at the defendant’s Applewood Drive residence. Following the second sale, Arne’s residence was searched with her consent. Officers recovered $20,200 in cash and empty prescription pill bottles. The prescriptions were issued to the defendant and her now-deceased husband.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Canandaigua Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Rochester, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric P. Laube, 45, of Canandaigua, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography. The charges carry a minimum sentenced of five years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, in August, 2017, an undercover FBI Task Force Officer connected to a certain Peer-To-Peer network, and discovered that a device belonging to the defendant was being used to distribute video and picture files containing child pornography. The images and video depicted naked, prepubescent females.
In December, 2017, a federal search warrant was executed at Laube’s State Route 64 residence. Officers seized several digital devices, including two portable hard drives, a thumb drive, a laptop, and a desktop computer. A subsequent review determined that the devices contained approximately 1,130 images of child pornography and approximately 10 videos of child pornography.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and was released on electronic monitoring.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the Direction of Sheriff Todd Baxter; and the Ontario County Sheriff’s Department, under the direction of Sheriff Philip Povero.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced in Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that William Padovani, 37, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to 60 months in prison by Senior U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that in November 2014, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed on the package, which contained cocaine and heroin packaged inside coffee grounds. After removing the controlled substances, the Drug Enforcement Administration conducted a controlled delivery of the package. During the delivery, the defendant arrived at the address and placed the package inside of his car. After he began to drive away, Padovani was arrested.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Buffalo Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damone Robertson-Burts, 35, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine, and maintaining a drug-involved premises before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on August 10, 2017, officers executed a federal search warrant at the defendant’s residence at 57 Roosevelt Avenue, after previously making three controlled buys of cocaine from the defendant. During the execution of the search warrant, officers recovered two packages of powder cocaine, $3,978 in cash, two digital scales with cocaine residue, a sifter with cocaine residue, and assorted ammunition.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing is scheduled for May 7, 2018 before Judge Skretny.Buffalo Man Indicted on Fentanyl ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Donald Hennings, 32, of Buffalo, NY, with possession with intent to distribute and distribution of 10 grams or more of butyryl fentanyl and furanyl fentanyl, and maintaining a drug-involved premises. The charges carry a minimum penalty of five years in prison and a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment, between September 28, 2016, and November 17, 2016, law enforcement officers made 10 controlled purchases of substances containing butyryl fentanyl and furanyl fentanyl from the defendant using a confidential source (CS). Hennings conducted the transactions inside a Chevy Traverse at various locations in Buffalo, often in parking lots of high-traffic locations like supermarkets or gas stations. The defendant was surveilled before and after several of the purchases coming from or returning to his residence at 325 Southside Parkway in Buffalo.
A search warrant was subsequently executed at the defendant’s residence. Officers recovered quantities of butyryl fentanyl and furanyl fentanyl, and crack cocaine, along with distribution paraphernalia including a grinder, rubber bands, and glassine bags.
The indictment is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.Two Buffalo Men Indicted on Fentanyl ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Jerell Weathersby, 21, and Dontrell Wise, 31, both of Buffalo, NY, with conspiracy to possess with intent to distribute a mixture and substance containing butyryl fentanyl, a Schedule I controlled substance. The charge carries a maximum of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that according to the indictment and a previously filed complaint, on November 09, 2017, at approximately 11:40 p.m., two Buffalo Police officers stopped a rental vehicle in the area of Erb Street after detecting the smell of marijuana as the vehicle passed. Officers also noticed the rental vehicle appeared to have aftermarket window tint in violation of New York State vehicle and traffic law. Dontrell Wise was the driver and Jerell Weathersby was a passenger.
During a pat down of Weathersby, officers found a clear bag of what was believed to be powdered cocaine in his pant pocket. Weathersby stated to officers that it was morphine, which he was taking for a toothache. Forensic testing determined that the substance was actually butyryl fentanyl. Weathersby, who also had two phones and approximately $1,000 in cash, was arrested at the scene.
During a pat down of Wise, officers recovered approximately $6,000 in cash which Wise stated was from working in a restaurant. According to Wise’s Pennsylvania Board of Probation and Parole Agent, the defendant works in a warehouse in Erie, Pennsylvania, and is not allowed into New York State without parole approval. On December 14, 2017, Wise told the Pennsylvania Board of Probation and Parole office that he was not in Buffalo on November 9, 2017, and that someone used his name without his knowledge.
On November 11, 2017, in the area of West Ferry Avenue, Wise and Weathersby were again stopped by the same two officers but in a different rental vehicle. Once again, the officers detected a strong odor of marijuana. Both men were ordered out of the vehicle. The officers observed two large bulges in Wise’s front pant pockets which the defendant responded was approximately $11,000 in cash. Following a pat down, officers confirmed that the bulges were large bundles of cash.
The defendants are being held pending arraignment on January 25, 2018 at 10:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Acting Police Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
Postal Employee Arrested, Charged with Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Ludwig, 45, of Fairport, NY, was arrested and charged by criminal complaint with theft of mail matter by a postal employee. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, on December 27, 2017, the U.S. Postal Service, Office of Inspector General, received information about mail thefts at the Victor, NY Post Office. Postal managers reported receiving multiple complaints of missing mail from postal customers. All of the complaints came from Victor City Route 01. The defendant was identified as the assigned carrier during the time the mail went missing.
A subsequent investigation determined that all the customers reported missing mail which contained either cash or gift cards, some of which were mailed to the victims, while other missing items were stamped and addressed to others and placed in the mailbox for pick up by the letter carrier. One victim, who reported a specific retail store gift card missing, retained the gift card identification number and determined that the stolen gift card was redeemed at a local store in the Rochester area. The retailer was able to identify the person who redeemed the stolen gift card.
During the investigation, Postal OIG Special Agents conducted surveillance of Ludwig while he carried out his postal duties. The defendant was electronically tracked to deviate from his assigned postal route, and to travel to the residential address of the individual who redeemed the stolen gift card. Also during the investigation, agents placed a piece of outgoing mail in a mailbox along City Route 01 which contained two $25 Wegmans store gift cards. It was subsequently determined that the gift cards were used by the defendant.
Postal OIG Special Agents also installed a surveillance video camera in the Postal Service government vehicle operated by Ludwig during the course of his official duties as a letter carrier. A review of that surveillance video found the defendant picking envelopes that appeared to contain greeting cards out of his assigned load, opening the envelopes, and removing items from inside the envelopes. Additionally, the surveillance video showed that while on duty, Ludwig was observed preparing two lines of a white powdery substance, which he appeared to ingest nasally through the use of a rolled dollar bill.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and was released.
The complaint is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely.
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.
Citizen of Ecuador Charged with Harboring Illegal AliensRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Segundo Francisco Caguana, a citizen of Ecuador, was arrested and charged by criminal complaint with harboring aliens, encouraging illegal aliens to reside in the United States, and hiring or recruiting unauthorized aliens for employment. The charges carry a maximum penalty of 10 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 complaint, on October 5, 2017, Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), received information from the Caledonia Police Department regarding possible illegal aliens residing at 246 North Street in Caledonia, NY, and working for Sunset Roofing Corp. Surveillance operations were conducted between October 30 and November 9, 2017. Special agents observed Caguana arrive at the residence in a brown Toyota Tundra at approximately 6:30 a.m. each morning and enter the residence, before departing approximately a half hour later. Thereafter, multiple Hispanic adult males would depart the residence in two work vans parked in the driveway.
On November 14, 2017, ICE-HSI agents and ICE Enforcement Removal Officers (ERO) conducted a joint enforcement operation in an attempt to encounter illegal aliens residing at the 246 North Street residence. ICE-HSI agents and ERO officers identified themselves and conducted interviews with the individuals. Seven of the individuals admitted to being illegally present and illegally working within the United States. Six of the undocumented aliens were arrested for entry without inspection, and one was arrested for visa waiver overstay. All seven were transported to the Batavia Detention Facility for processing.
The complaint states that all seven of the illegal aliens worked for Caguana and paid him rent to stay at the 246 North Street residence.
A records check found that Caguana and his wife are citizens and nationals of Ecuador, currently involved in immigration proceedings, but authorized to work within the United States.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and was released on conditions.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Field Office Director Thomas E. Feeley.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
Buffalo Man Sentenced for Selling Drugs Near A Buffalo SchoolRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Cox, 50, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine within 1,000 feet of a school or playground, was sentenced to 24 months in prison by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that in February 2017, law enforcement officers began an investigation into the cocaine, crack cocaine, and marijuana distribution activities of the defendant out of a residence at 45 A Street in Buffalo.
On March 3, 2017, officers conducted surveillance of the residence at 45 A Street and witnessed the defendant discussing the sale of cocaine with an individual. Cox was then observed getting into vehicle and driving a short distance to a residence at 325 Mills Street. After a few minutes inside, the defendant left the Mills Street residence and returned to the A Street residence. Cox was then observed selling a plastic sandwich bag containing a quantity of cocaine.
A few days later, on March 8, 2017, officers once again surveilled the A Street address and noticed traffic coming and going from the residence. Cox was observed exiting the front door of the residence and traveling once again to 325 Mills Street. Once again, the defendant eventually returned to the A Street residence and provided cocaine to another individual.
On March 10, 2017, officers executed a search warrant at 325 Mills Street and discovered a small safe in the attic area which contained $24,000 in cash, and a blue canvas bag containing two plastic baggies of suspected crack cocaine, a digital scale with drug residue, and numerous empty plastic sandwich bags. A search of 45 A Street revealed a large quantity of small Ziploc bags commonly used for packaging crack cocaine. A DVR video recording system which recorded the interior and exterior of 45 A Street was also seized. The defendant was found in 45 A Street and arrested.
The residences at 325 Mills Street and 45 A Street are located within about 230 feet and 72 feet of Buffalo Public School 59, The Science Magnet School located at 50 A Street.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and the Cheektowaga Police Department, under the direction of Chief David Zack.
Buffalo Man Indicted on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Larry Smith, Jr., 39, of Buffalo, NY, with possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine; possession of cocaine with intent to distribute; and maintaining a drug-involved premises. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment, between June 9 and July 27, 2017, the defendant possessed and distributed crack cocaine in the Buffalo area. In addition, on October 5, 2017, Smith possessed cocaine with the intent to distribute it. The indictment further charges that the defendant used 56 Burgard Place in Buffalo for the purpose of manufacturing, distributing, and using cocaine.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Three New Jersey Men Indicted in Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned an indictment charging Jose Rivas, 40; Jose Luis Santiago Almonte, 37; and Ryan Espinosa Ogando, 30, all natives of the Dominican Republic living in New Jersey, with conspiracy to distribute cocaine and attempted possession of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a fine of $10,000,000.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, in July of 2017, the Drug Enforcement Administration in Gulfport, Mississippi obtained information regarding the drug trafficking activities of defendant Santiago. Specifically, agents learned that Santiago and co-conspirators were arranging to purchase 50 kilograms of cocaine. The co-conspirators agreed to provide two vehicles as down payment for the cocaine. Defendants Santiago and Rivas traveled from New York City to Gulfport in order to make the arrangements, and multiple down payments in the form of vehicles and cash were made.
In September of 2017, DEA agents received information that the defendants planned to travel to the Buffalo area in order to obtain kilograms of cocaine. A sale was arranged in Buffalo during which the defendants provided approximately $20,000 more in order to secure six kilograms of cocaine. All three defendants showed up for the exchange. During the exchange, defendant Espinosa took possession of a backpack containing sham cocaine, provided by the DEA. The defendants were arrested at that time.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and released on conditions.
The indictment is the is the culmination of investigation by the Buffalo Office of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division, and the DEA Gulfport, Mississippi Resident Office.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
Rochester Man Sentenced on Bank Robbery ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Claude Taylor, 38, of Rochester, NY, who was convicted of robbing the Lexington Federal Credit Union, at 1275 Lexington Avenue in Rochester, was sentenced to 40 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Charles E. Moynihan, who handled the prosecution of the case, stated that on May 5, 2016, Taylor entered the Lexington Federal Credit Union, waited in line and then passed a hand written note to a bank teller. The note, which was written on an envelope, demanded that the teller turn over $5,000. The defendant yelled, ordering the teller to “do it fast.” Taylor also ordered a neighboring teller not to interfere. The bank teller turned over money, and Taylor ran from the bank. Subsequent investigation identified the defendant, and on May 22, 2017, Taylor was arrested by law enforcement officers.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the United States Marshal’s Service, under the direction of Marshal Charles Salina; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Penn Yan Man Sentenced on Gun and Witness Tampering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that James E. Sandford, III, 29, of Penn Yan, NY, who was convicted of possessing a stolen firearm, being a felon in possession of a firearm, and witness tampering, was sentenced to 156 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Brett Harvey, who handled the trial, stated that the defendant was initially arraigned on a criminal complaint in the Western District of New York on June 4, 2015. Subsequent to his arrest on the federal charges, Sandford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: “I’m not going to be in jail long. I will see you on the outside you snitch.” The defendant made the statement with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of defendant.
Eventually, Sandford was charged in a superseding indictment which alleged that he distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. He was further charged with distributing such substances— and controlled substance analogues, which are designed to mimic the effects of controlled substances—both to individuals under the age of 21 and within 1000 feet of St. Michael’s School, a private elementary school in Penn Yan. In addition, the superseding indictment alleged that on February 22, 2015, the defendant traded synthetic cannabinoids to a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun. Finally, the superseding indictment also charged him with witness tampering related to his statements to the suspected witness.
With the defendant contending that he did not know the substances he was distributing were illegal, the jury failed to reach a verdict on the drug charges against him. The jury did, however, convict him of the two firearms charges and the witness tampering charge against him.
Sandford is still facing re-trial on 11 drug charges. 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.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Penn Yan Police Department, under the direction of Chief Mark Hulse; the Yates County Sheriff’s Department, under the direction of Ronald Spike; and the Yates County District Attorney’s Office, under the direction of Todd Casella.