Western District of New York
Press releases recorded for this federal judicial district.
Niagara Falls Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Carr, 24, of Niagara Falls, NY, pleaded guilty to being a felon-in-possession of a firearm, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on July 28, 2017, Niagara County Probation Officers performed a home visit for a woman living at 1224 Niagara Avenue, Upper Apartment, in Niagara Falls. As they entered the residence, officers observed the defendant, the probationer's boyfriend, in the bedroom of the apartment. Carr attempted to leave the apartment, telling officers he needed to go and get his children who were in the lower apartment. An officer accompanied the defendant, who was holding a blue jacket in his hand, to the lower apartment. Carr knocked on the door and handed the blue jacket to the occupant of the lower apartment. The officer witnessed the occupant of the lower apartment take the blue jacket down a hallway and place it on a staircase. When the officer asked the occupant of the lower apartment for the blue jacket, they denied having it. The occupant eventually turned it over. The officer discovered a .380 caliber pistol in the right inside pocket of the jacket.
Carr has a previous felony conviction in Niagara County Court and is legally prohibited from possessing a firearm. At the time of his arrest, the defendant was on the list of top offenders in Niagara County.
The plea is the result of an investigation by the Niagara County Probation Office, under the direction of Director John Cicchetti; the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto; and the Bureau of Alcohol, Tobacco. Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for April 6, 2017, at 12:30 p.m. before Judge Arcara.
Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joel Torres Diaz, 30, of Puerto Rico, pleaded guilty to possession with intent to distribute 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that on May 12, 2017, the defendant attempted to enter the United States from Canada at the Peace Bridge port of entry. Diaz was referred to a secondary inspection during which Customs and Border Patrol officers observed a shoebox inside a plastic bag on the rear seat of the vehicle. Inside the box, officers recovered three packages of cocaine weighing approximately one kilogram.
The plea 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 Investigation, under the direction of Special Agent-in-Charge Kevin Kelly.
Elmira Man Pleads Guilty to Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Howard Edward Brooks, 40, of Elmira, NY, pleaded guilty to receipt, attempted distribution, and four counts of possession of child pornography involving prepubescent minors before U.S. District Court Judge David G. Larimer. Receipt and attempted distribution of child pornography each carry a mandatory minimum penalty of five years in prison with a maximum of 20 years, while each count of possession of child pornography involving prepubescent minors is punishable by up to 20 years in prison. Each charge also carries a fine of up to $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Brooks, a former teacher at the Elmira Christian Academy, was arrested in August of 2015 following the execution of a federal search warrant at his Elmira residence. During that search, FBI Agents found several digital items containing photos and videos of children as young as toddlers being raped.
When FBI Agents arrived to execute the search warrant, Brooks tried to flush several thumb drives down the toilet. The defendant stated that he did so because he saw the FBI in his driveway and knew the thumb drives contained child pornography. However, the thumb drives were recovered from the sewer under Brooks’ residence with the assistance of the Chemung County Department of Public Works. Those thumb drives were then forensically analyzed and hundreds of child pornography videos were recovered from each.
The plea is the culmination of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.Sentencing is set for May 8, 2018, at 11:30 a.m. before Judge Larimer.
Canadian Man Sentenced on 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 John Lambert, 65, of Canada, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to 63 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that in 2013, co-defendant Harvey Peake recruited Lambert to assist in transporting illegal narcotics. On October 3, 2016, Peake and Lambert traveled to the Seneca Buffalo Creek Casino in downtown Buffalo to deliver 10 kilograms of cocaine. The two men met briefly with a third individual in the casino and then walked towards the parking garage where Peake’s vehicle was parked. Lambert got into the driver’s seat and tapped the brake lights to signal their location to the third individual. Peake then opened the trunk and removed a suitcase. The third individual pulled up next to the vehicle and Peake attempted to give the suitcase to the individual. Peake and Lambert were then arrested. Law enforcement officers seized the suitcase, which contained approximately 10 kilograms of cocaine.
Harvey Peake has been convicted and its awaiting sentencing.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jose Dejesus, 35, of Buffalo, NY, who was convicted of possession with intent to distribute heroin and being a felon-in-possession of ammunition, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that on November 10, 2016, Buffalo Police officers executed a search warrant at 224 Virginia Street. After entering the residence, officers found the defendant in the rear bedroom. Officers recovered 16 envelopes containing heroin, 17 pieces of paper containing cocaine, and a plastic bag of marijuana. Officers also found a digital scale and packaging materials in the rear bedroom as well as a 12-gauge shotgun and ammunition. Dejesus was convicted in state court of a felony in 2003 and is prohibited from legally possessing ammunition.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Buffalo Man Sentenced in Heroin Trafficking ConspiracyRead 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 Orlando Rios, 45, of Buffalo, NY, was sentenced to 188 months in prison for his role in a conspiracy to possess with intent to distribute, and distribution of 100 grams or more of heroin before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carried a maximum penalty of 40 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between March 2014 and June 2015, the defendant conspired with Daniel Molina-Rios, Jose Andujar, Luis Montanez, and others to distribute heroin on the West Side of Buffalo. Rios managed a wide-scale drug trafficking organization and supervised several street-level dealers who used a series of cellular telephones to conduct daily sales with customers seeking to buy heroin or illegal use.
During the conspiracy, the defendant made at least six trips to the New York City area to purchase large quantities of heroin from a source of supply, purchasing at least 300 grams of heroin on each trip. In addition, during the time period of the conspiracy, the Buffalo Police Department and New York State Police conducted 66 undercover heroin purchases from individuals subordinate to the defendant in the organization.
Rios exercised decision making authority over participants in the drug trafficking conspiracy, including at least 10 drug “runners” who were responsible for coordinating sales for incoming customers who contacted the drug trafficking organization on a “runner” phone each day. The defendant also maintained a premise at 42 Potomac Avenue in Buffalo for distributing the heroin that was sold. A search of the residence on June 18, 2015, revealed a digital scale, glassine bags, rubber bands, two cellular telephones, $4510.00 in U.S. currency, and a Colt .380 pistol loaded with four live automatic rounds in the magazine.
A total of 14 defendants have been indicted in connection with this case, and Rios is the ninth to be sentenced.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Rochester Man Sentenced for Illegal Firearms PossessionRead 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 Darien Bordeaux, 33, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to 41 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on October 22, 2016, Rochester Police Department officers were on patrol in the area of Curlew Street when they stopped a Dodge Grand Caravan because the registration had expired. The defendant was riding in the front passenger seat. The driver and co-defendant, Kalib Gladney, gave a false name when asked by officers. Bordeaux and Gladney were asked to get out of the van and officers searched it. Inside a jacket found on the floor, between the front passenger and driver seats, officers discovered a loaded Arminius Futche-Industre revolver with a defaced serial number. The defendant’s identification card was also found with the revolver. Bordeaux was previously convicted in 2004 of Robbery in the First Degree and is legally prohibited from possessing a firearm and ammunition.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Niagara Falls Woman Pleads Guilty to Attempting to Evade Reporting Requirements While Purchasing Money OrdersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Georgina Fisher, a/k/a Georgina Baratta, 47, of Niagara Falls, NY, pleaded guilty to attempting to cause a financial institution to fail to file a transaction report before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys MaryEllen Kresse and Russell T. Ippolito, who are handling the case, stated that on January 28, 2010, the defendant traveled to four Western Union agents in Amherst and Cheektowaga to purchase money orders. At each of the four locations, Fisher purchased less than $3,000 in money orders because she knew that if she purchased $3,000 or more in money orders, she would be required to show identification, and that the Western Union agent would be required to record such identification and other specifics of her money order purchase. The total amount of the money orders purchased on January 28, 2017, was $8,000. In addition, on seven other days between January 29, 2010, and February 6, 2010, Fisher engaged in similar conduct designed to evade the reporting requirements regarding the purchase of money orders in amounts of $3,000 or more. Specifically, on each of these other dates, the defendant traveled to multiple Western Union locations, purchasing less than $3,000 in money orders at each location. The money orders purchased on these dates totaled $66,000.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation, under the supervision of Special Agent-in-Charge James D. Robnett.
Sentencing is scheduled for April 10, 2018, before Judge Arcara.
Two Defendants Plead Guilty to Conspiracy Related to Interstate Prostitution BusinessRead 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 LiangLiang Guo, 31, and Chengqi Li, 28, both of Flushing, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to use interstate facilities to promote prostitution and to transport individuals in interstate commerce with intent that such individuals would engage in prostitution. The charges carry a maximum penalty of five years in prison and a $250,000 fine.Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendants were part of a multi-state prostitution business that sent female victims to cities and states across the Eastern United States to engage in commercial sex acts. As part of that business, Li and others posted advertisements on Backpage.com to set up meetings between clients and prostitutes in Tonawanda, NY and other cities and states. Guo acted as a driver for the prostitution business, driving the females to hotels where they would engage in commercial sex acts. Guo also collected the proceeds of the illicit prostitution business. Li assisted in the running of the business by posting the advertisements, arranging for the travel of the females, and receiving the money that represented was the profits of commercial sex acts.
“By their guilty pleas, the defendants admitted that theirs was a business plan which linked their bottom line to their ability to promote and facilitate the sexual exploitation of their workers,” noted U.S. Attorney Kennedy. “These felony convictions represent the just return that defendants have earned for investing themselves in such a morally bankrupt venture.”
“The guilty pleas acknowledge the defendants primary roles in a sex trafficking scheme with multiple victims,” said Homeland Security Investigations Special Agent-in-Charge Kevin Kelly. “HSI will continue to work with every stakeholder engaged in the effort to ensure traffickers are brought to justice and victims get the support they need.”The pleas are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.
Defendant Guo’s sentencing is scheduled for March 19, 2018 at 9:30 a.m. and defendant Li’s sentencing is scheduled for April 9, 2018 at 10:00 a.m., both before Judge Vilardo.
Olean Man Sentenced on Heroin and Gun ChargesRead 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 Giovanni Salmonson, 26, of Olean, NY, who was convicted of possession with intent to distribute heroin, and being a felon in possession of a firearm, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on January 1, 2015, Olean Police responded to a trespassing complaint near the 200 block of North 1st Street. Upon arrival, an officer spotted the defendant near 225 North 1st Street and asked Salmonson to step out of the roadway and up onto the curb. The defendant took off running. While he was running away, the officer noticed that Salmonson was wearing a black Nike backpack/drawstring bag. A foot chase ensued and the defendant entered a backyard at 121 North 2nd Street after throwing the black Nike bag over a fence into another yard. An officer ordered Salmonson to the ground, and he complied. After retrieving the bag, officers recovered a .22 caliber revolver from inside. Subsequently, officers also recovered 14 bags of heroin, six suboxone pills and $851 dollars in United States currency.
The sentencing is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief Jeff Rowley; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Niagara Falls Man Sentenced on Bomb Charge That Led to the Loss of His LegRead 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 that Michael O’Neill, 47, of Niagara Falls, NY, who was convicted of unlawful possession of a destructive device, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that in the early hours of July 21, 2015, the Niagara County Sheriff’s Office responded to a 911 call regarding an injury at 6761 Walmore Road in Wheatfield, NY. When emergency personal arrived at the scene, they discovered the defendant with a significant injury to his lower left leg, apparently the result of an explosion. O’Neill was immediately taken by Mercy flight to ECMC, where his left leg was amputated below the knee.
Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage of the residence where the explosion occurred and discovered what appeared to be an area where explosive devices were being manufactured. Explosive powder and BB pellets were in plain view. Upon further inspection, Bomb Squad personnel discovered six destructive devices, five of which were constructed of hard cardboard tubing with sealed ends and a fuse. One of those five devices was labeled, “Powder w/Nails.” The sixth device was made out of a flashlight with sealed ends and a hole with a wick coming from the center. Other items discovered on the property included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a plastic box of triple seven pellets, and a plastic bottle labeled as triple seven powder.
Later on July 21, O’Neill told investigators that he had watched a video on YouTube regarding stump removal and had made a couple of M80’s. When the explosion occurred, O’Neill stated he was using extra materials from the M80’s to make “something.” The defendant said he was using a heat gun, which ignited what he was making. O’Neill dropped the item he was making on the floor of the garage and attempted to stomp it out when it exploded.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.
Aggravated Felon Pleads Guilty to Illegal ReentryRead 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 Armando Navarrete-Dominguez, 29, of Mexico, pleaded guilty, before U.S. District Judge Richard J. Arcara, to reentering the United States illegally after a conviction for an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on February 15, 2017, the defendant was taken into custody after a vehicle and traffic stop on Grand Island, NY. Record checks revealed that Navarrete-Dominguez was a citizen of Mexico and was previously convicted in North Carolina of sexual exploitation of a minor and breaking and entering. Further, the defendant was deported and removed from the United States to Mexico in 2009 after his convictions in North Carolina.
The plea is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.
Sentencing is scheduled for April 6, 2018, at 1:00 p.m. before Judge Arcara.
Liberian National Pleads GuiltyRead 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 Isaac T. Kannah, 51, of Philadelphia, PA, pleaded guilty to misprision of a felony, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of four years imprisonment and a $250,000 fine.Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that, in May 2011, an Immigration Judge of the Executive Office of Immigration Review was conducting removal proceedings against George Boley, the former head of the Liberian Peace Council during the Liberian Civil War in the 1990s. One of the issues material to the removal proceedings was whether the Liberian Peace Council was a warring or fighting faction during the war. During the removal proceedings, Boley offered false and inaccurate testimony on this issue, asserting that the Liberian Peace Council was not a warring or fighting faction, in an effort to corruptly influence, obstruct and impede those proceedings, a felony in violation of Title 18, United States Code, Section 1505.
In May 2011, the defendant knew that Boley was offering false and inaccurate testimony in order to obstruct the removal proceedings. Despite this knowledge, the defendant failed to notify the relevant federal authorities (such as the Immigration Judge or federal law enforcement authorities) about the crime. In addition, Kannah also sought affirmatively to conceal the crime by failing to state that the Liberian Peace Council was in fact a warring faction during the Liberian Civil War despite being questioned on that issue during his testimony at Boley’s removal proceedings.
The plea is the result of an investigation by the Buffalo Office of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly and the Philadelphia Office of ICE-HSI.
The United States Attorney’s Office was assisted in this investigation and prosecution by Brenda Sue Thornton, a Department of Justice Trial Attorney with the Counterterrorism Section, National Security Division.
Sentencing is scheduled for May 9, 2018, at 2:30 p.m. before Judge Larimer.
Former Rochester Postal Employee Sentenced for Stealing Smartphones from the MailRead 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 Bobby Bullard, Jr., 35, of Rochester, NY, who was convicted of theft by government employee, was sentenced to 90 days in jail and one year supervised release by U.S. District Judge David G. Larimer. The defendant was also ordered to pay $648 in restitution for a stolen cell phone.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant worked as a Mail Handler Associate at the U.S. Mail Processing and Distribution Center in Rochester. While so employed, Bullard was seen rifling through packages that he was supposed to be sorting. Special Agents from the Postal Service’s Office of Inspector General conducted surveillance on three separate occasions and recorded Bullard taking packages containing smart phones off the sorting conveyor belt. Agents watched as the defendant covertly opened the packages, removed the smart phones inside, put them in his pocket, and then discarded the empty packaging materials. Agents recovered several cell phones from Bullard at the time of contact and also recovered discarded phone packages. Bullard is no longer a Postal Service employee.
In sentencing the defendant, Judge Larimer noted that the public relies upon the Postal Service as well as the honesty of its workers.
The sentencing 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 is Kenneth Cleevely.
Former Head of Niagara Falls Housing Authority Pleads Guilty to Stealing Government Funds; Son and Daughter-In-Law Also ConvictedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. –U.S. Attorney James P. Kennedy, Jr. announced today that Stephanie W. Cowart, 58, of Grand Island, NY, pleaded guilty to theft concerning programs receiving federal funds before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. In addition, Cowart’s son and daughter-in-law, Allen, 31, and Fredia, 28, both of Niagara Falls, NY, pleaded guilty to a misdemeanor charge of theft of government funds which carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that between 1997 and July 21, 2016, Stephanie Cowart served as Executive Director of the Niagara Falls Housing Authority (NFHA), an organization that has received federal funding. Between October 2013 and January 2015, Stephanie Cowart, being an agent of a state authority, and being aided by Allen and Fredia Cowart, stole $6,000 from the NFHA.
The Niagara Area Foundation (NAF) was established in 2000 by citizens of Niagara County who were employed in the private and non-profit sectors, to provide support and charity-oriented philanthropic initiatives for residents in Niagara County. Allen and Fredia Cowart, on behalf of People and Possibilities, Inc., sought and obtained a $6,000 grant from NAF, with the assistance of Stephanie Cowart. The money was to be used for “A Better Me,” a project that was to “teach children and youth the importance of proper etiquette, what bullying is and what they can do about it and to teach educational empowerment tools.” The NAF grant proceeds for the “A Better Me” project were deposited directly into the NFHA’s operating account. The NFHA then paid Allen and Fredia Cowart for work purportedly done on the project. However, Allen and Fredia Cowart never actually conducted any presentations related to the “A Better Me” project.
In addition, between October 2013 and June 2014, aided by his mother, Allen Cowart defrauded the NFHA and the New York Office of Children and Family Services (NYOCFS). Allen Cowart falsely claimed that he was performing the work of two teachers under the Advantage After School Program and was paid more than two times the normal hourly pay rate for one teacher position. The Advantage After School Program is funded, in part, through a contribution of federal Temporary Assistance to Needy Families (TANF) funds to New York State.
Allen Cowart was appointed to the temporary position of Teacher, under the Advantage After School Program, October 1, 2013 for the duration of the school year. The salary associated with this appointment was $23 an hour. However, Stephanie Cowart directed that effective October 23, 2013, her son was to be paid an hourly rate of $50. During the time period that Allen Cowart was paid a $50 hourly pay rate, he received $11,583 more than he would have, had he been paid the $23 hourly pay rate.
“As the leader of the Niagara Falls Housing Authority, Stephanie Cowart was obligated to act as a responsible steward of these funds and to use them to better the lives of residents and the community as a whole,” said U.S. Attorney Kennedy. “Instead, the defendant misused her position to ensure that the only improvements realized through her administration of these funds were to the bank balances of her family members.”
“Stephanie Cowart used her power as the Executive Director of the Niagara Falls Housing Authority to enrich herself and members of her family,” said Adam S. Cohen, Special Agent-in-Charge of the FBI’s Buffalo Division. “She failed to honor the public position she held.”
"In a blatant abuse of power, longtime executive director of the Niagara Falls Housing Authority, Stephanie Cowart failed the very people she was hired to assist by diverting public funds to her relatives through exorbitant hourly wages and grants," State Comptroller Thomas P. DiNapoli said. "My investigators brought this case to our partners in law enforcement, and I thank U.S. Attorney James P. Kennedy, Jr., the U.S. Department of Housing and Urban Development's Inspector General, and the FBI for their diligent work in the fight against public corruption."
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Office of New York State Comptroller Thomas P. DiNapoli, Division of Investigations.
Sentencing for the defendants is scheduled for April 5, 2018 at 12:00 p.m. before Judge Arcara.
Buffalo Man Pleads Guilty to Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Duke Jimenez, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara, to production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 50 years, and a fine of $500,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between February 10, 2014, and October 27, 2014, the defendant engaged in sexual contact with a three-year-old female child entrusted to his care. During that contact, Jimenez used his cellular telephone to create visual depictions of the victim engaging in sexually explicit conduct. The images were located on the defendant’s SD card.
Jimenez was arrested by the Buffalo Police Department on November 18, 2015, at which time the defendant’s telephone was seized. A subsequent search of phone and SD card in the phone revealed 18 image files which depicted the victim engaging in the sexually explicit conduct.
The plea is the result of an investigation by the Federal Bureau of Investigation under the direction of Adam S. Cohen, Special Agent-in-Charge and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for April 16, 2018, at 12:30 p.m. before Judge Arcara.
Wellsville Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. –U.S. Attorney James P. Kennedy, Jr. announced today that Derek Fagan, 33, of Wellsville, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January of 2011 and October 25, 2012, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restrictions on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Fagan engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.
The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major 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.
Sentencing is scheduled for March 22, 2018, before Judge Vilardo.
North Tonawanda Woman Indicted for Possession with Intent to Distribute Synthetic DrugsRead 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 Brenda Mansour, 20, of Buffalo, NY, pleaded guilty to a misdemeanor charge of introducing into interstate commerce a misbranded food before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of one year in prison and a fine of up to $100,000.
Assistant U.S. Attorney Brendan T. Cullinane, who is handing the case, stated that in May of 2015, New York State Department of Taxation and Finance inspectors encountered the defendant at Mario’s, a store located at 2304 Pine Avenue in Niagara Falls, during a routine inspection of the store’s tobacco and cigarette inventory. The inspectors recovered 331 packages of suspected synthetic cannabinoids, which were labeled either “Geeked Up,” “Scooby Snax (Watermelon),” “Scooby Snax (Bluberry),” “Scooby Snax (Green Apple),” “Xtreme Aroma Therapy (Strawberry),” “Xtreme Aroma Therapy (Brandy),” or “Joker.” The inspectors turned over the packages to Special Agents from Homeland Security Investigations for further analysis. HSI confirmed that Mansour offered for retail sale packages containing a green vegetable matter laced with chemicals not authorized for human consumption, including AB-FUBINACA and XLR-11, both of which are Schedule I controlled substances. The defendant sold these packages knowing that customers intended to inhale, ingest, or burn the contents contained in the packages.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly, and the New York State Department of Taxation and Finance, under the direction of Commissioner Jerry Boone.
Sentencing is scheduled for April 4, 2018, at 12:30 p.m. before Judge Arcara.
Holland Couple Sentenced in Connection with Fraudulent Receipt of over $1,000,000 in Veterans Benefits and Postal Workers CompensationRead 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 Richard Klaffka, 59, and his wife, Cathleen Klaffka, 62, both of Holland, NY, who were convicted in connection with Richard Klaffka’s receipt of over $1,000,000 in benefits from the Department of Veterans Affairs (VA) and the Department of Labor under false pretenses, were sentenced by U.S. District Judge Richard J. Arcara. Richard Klaffka was convicted of wire fraud and sentenced to 32 months in prison. Cathleen Klaffka was convicted of misprision of a felony and sentenced to three years probation. The couple was also ordered to pay restitution totaling $1,237,427; $922,137 to the VA and $315,290 to the Department of Labor.
Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that in 2006, Richard Klaffka told the VA that, due to an injury connected with his military service in 1978, he was disabled, confined to a wheelchair and unable to engage in daily activities like walking, driving, and dressing himself. To promote the fraud, Cathleen Klaffka pushed Richard Klaffka in a wheelchair when at the VA hospital in order to support Richard’s false claim regarding his mobility limitations. In fact, both knew that Richard Klaffka was able to walk without assistance and regularly engaged in extensive physical activities including hiking, riding a bike, and pitching iron horseshoes.
Similarly, in order to get workers compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury and that he was only able to walk with the assistance of a cane. All told, the Klaffka’s received $1,237,427 in government benefits to which they were not entitled. The investigation was triggered by an anonymous call to a fraud hotline."Services and programs offered by federal agencies such as the VA and the Department of Labor are designed to assist those who are most in need,” said U.S. Attorney Kennedy. “When defendants like the Klaffka’s try to game the system, they victimize those who are truly deserving and in need. With today's prison sentence, Mr. Klaffka will finally be able to experience firsthand what it means to suffer a true limitation to one's mobility.”
“The Department of Veterans Affairs pays disability compensation to eligible veterans who suffer from an injury or disease stemming from their military service,” said VA OIG Special Agent-in-Charge Donna Neves. “The defendants in this $1.2 million scheme defrauded, not only their fellow veterans, but the American taxpayer.”
“Klaffka lied regarding the extent of his injury and physical limitations in order to fraudulently receive government benefits that he was not entitled to. The U.S. Department of Labor, Office of Inspector General will continue to work with our law enforcement partners to ensure the integrity of the Federal Workers Compensation Program and pursue criminal charges against those who seek to fraudulently benefit from the Federal Employee Compensation Act," said Michael C. Mikulka, Special Agent-in-Charge, U.S. Department of Labor, Office of Inspector General, New York Region.
U.S. Postal Service Office of Inspector General Acting Special Agent-in-Charge Kenneth M. Cleevely stated: “The U.S. Postal Service spends nearly $3 billion per year in workers compensation costs, most of which goes to deserving postal employees with legitimate injuries suffered on the job. However, a few of them choose to take advantage of the system and defraud the government of hundreds of thousands of dollars. Special agents with the U.S. Postal Service Office of Inspector General will diligently investigate and bring to justice with our law enforcement partners individuals who cheat the system, and take money they don’t deserve. This sentence should also serve as a deterrent to other postal employees who may be thinking of committing workers compensation fraud; you may end up behind bars and out of a job. To report crimes committed by postal employees, including workers compensation fraud, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”
The sentencings are the result of an investigation on the part of Special Agents of the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Donna L. Neves; the Department of Veterans Affairs Police Department, under the direction of Chief Jeremy Novak; U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; and the United States Postal Service, Office of Inspector General, under the direction of Kenneth M. Cleevely, Acting Special Agent-in-Charge, Eastern Area Field Office.
Schuele Boys Gang Member 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 Demario James, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, was sentenced to time served (over 40 months) by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that between June 2013 and July 2014, James conspired with co-defendant Michael Robertson and other Schuele Boys associates and gang members to distribute cocaine in the City of Buffalo. The defendant purchased cocaine from Michael Robertson and then broke down the cocaine for distribution to customers.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
James is one of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 27 of the defendants have been convicted.
Today’s sentencing the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen.Georgia Man Sentenced in Connection to 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 Wilfredo Sanio, 53, of Georgia, who was convicted of misprision of a felony, was sentenced to two years probation and ordered to pay restitution totaling $147,004 by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between May 2010 and May 2012, the defendant concealed the fraudulent activities of co-defendants Ann Nichols and Donnie Heilig. Heilig and Nichols, both of whom resided in the state of Oklahoma, utilized a business entity known as CED Computer Services (CED) fraudulently to obtain loans for clients in the form of equipment “leases.” Wilfredo Sanio operated a business in Georgia known as SCF Funding, which acted as a broker and brought clients to CED Computer Services.
Sanio knew that Heilig and Nichols falsely advised lease finance companies that CED was selling new equipment to clients and prepared fraudulent invoices for new equipment when, in fact, no equipment or inferior equipment was actually being provided. Upon receipt of the funding from the finance companies, defendant Nichols gave a commission to Heilig, herself, and Sanio, from the lease proceeds and sent the majority of the remaining proceeds to the client.
Ann Nichols and Donnie Heilig have been convicted of wire fraud. Helig was sentenced to eight months home confinement and Nichols is awaiting sentencing.
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.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony McCutcheon, 51, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and possession of a firearm in furtherance of drug trafficking, was sentenced to 132 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to distribute crack cocaine in the Buffalo area. McCutcheon supplied cocaine to co-defendants Troy Cooley, Andre Owens, Morrell Buster, and William Jefferson. During the execution of a search warrant at the defendant’s East Amherst Street residence, law enforcement officers recovered cocaine, crack cocaine, baggies and scales. Officers also recovered a loaded 9mm semi-automatic handgun.
McCutcheon was charged along with Cooley, Owens, Buster, Jefferson, Deandre Sparks, Markiel Hall, Alicia Maghett, and Carmella Rivera. All nine defendants have been convicted.
Today’s sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Lackawanna Police Department, under the direction of Chief James Michel.
Two Men Plead Sentenced in Connection to Methamphetamine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jared Mendez, 32, of Bradford, NY, who was convicted of theft of anhydrous ammonia with knowledge it would be used to manufacture methamphetamine, was sentenced to 46 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Terry Champion, who was convicted of possession of a listed chemical with knowledge it would be used to manufacture a controlled substance, was sentenced to 63 months in prison.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between June 2012, and May 4, 2016, Mendez and Champion conspired with Scott Kennedy and others to manufacture and distribute methamphetamine.
During the course of the conspiracy, Scott Kennedy distributed large amounts of methamphetamine with and to people throughout the area of Schuyler, Chemung, and Steuben Counties in New York. During that time, Kennedy received the assistance of numerous co-conspirators who provided him with supplies with the intent that he would use those supplies to manufacture methamphetamine. Between July 2015 and October 2015, Jared Mendez stole anhydrous ammonia and sold it to Kennedy.
Between January 2016, and May 4, 2016, Terry Champion obtained quantities of pseudoephedrine and sold it to Scott Kennedy. In addition, on January 22, 2016, Champion possessed approximately 182 pseudoephedrine pills for the purpose of manufacturing methamphetamine.
Co-defendant Wendy Kennedy has been convicted and is awaiting sentencing. Charges are pending against co-defendant Quinton Harrison. 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 sentencings are the result of an investigation by the New York State Police, Special Investigations Unit, Rochester; the New York State Police, CNET Southern Tier, under the direction of Major Richard Allen; the Schuyler County Sheriff’s Department, under the direction of William Yessman; and the Schuyler County District Attorney’s Office, under the direction
Jamestown Men Arrested on Methamphetaine ChargesRead 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 Ernest Clayburn Cauley, Jr., 26, and Zackiel Leonard Fields, Jr., 22, both of Jamestown, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the Federal Bureau of Investigation and the Jamestown Metro Drug Task Force (JMDTF) have been investigating a suspected drug trafficking organization, primarily involving methamphetamine, in the Jamestown area. According to the complaint, the defendants, Cauley and Fields, are the main suppliers of methamphetamine to the organization.
In addition, defendant Fields was identified by the U.S. Postal Service as a person who had purchased thousands of dollars of postal money orders with cash at post offices in the Jamestown area. Lacking any apparent legitimate occupation or employment, the conduct by Fields and others of converting large sums of cash, as much as $500,000 or more, into postal money orders over the last 18 months, raised suspicions.
The defendants were arrested on November 6, 2017, following an alleged drug transaction during which Cauley and Field received a quantity of suspected methamphetamine. The defendants, driving in separate cars, were pulled over by police and arrested. Suspected methamphetamine was found in the car in which Fields was riding.
The defendants made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and are being held pending detention hearings scheduled for December 4, 2017.
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, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Arrested on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leon R. Williams, 38, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin and cocaine, and possession of a firearm in furtherance of drug trafficking. The charges carry a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that, according to the complaint, in September 2017, law enforcement officers began investigating the narcotics distributing activities of the defendant. Investigators received information that Williams was distributing heroin from his residence at 37 Texas Street in Buffalo. On November 29, 2017, officers observed the defendant leave his residence and get into his 2007 Audi Q7. Williams traveled north on Bailey Avenue and stopped at a dry cleaner. Upon exiting the business, the defendant was taken into custody.
Subsequently, officers executed a search warrant at 37 Texas Street and recovered multiple small bags containing an off-white substance and a brown powdery substance on the kitchen table. The bags were believed to contain suspected heroin and cocaine. Scales, razor blades and cutting agents were also located in the residence along with a Glock 22, .40 caliber firearm, and a .40 caliber magazine containing 10 rounds of ammunition was loaded inside the firearm. A second high-capacity magazine for a .40 caliber firearm was also seized together with a total of $73,743.00 in cash.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on December 4, 2017.
The complaint is plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The 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.
Rochester Couple Charged with Fraud and Money LaunderingRead 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 Anjaneyulu Katam and Mahalakshmi Cheruvu, of Rochester, NY, were arrested and charged by criminal complaint with visa fraud, money laundering, false statements, and conspiracy to defraud the United States. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, between 2011 and 2016, Katam and Cheruvu ran businesses in which they falsified immigration documents for Indian nationals to enter the U.S. and work in tech industries involving computer programming. The husband and wife manipulated the H-1B visa program, which allows U.S. employers temporarily to employ foreign workers in specialty occupations. The complaint states that Katam and Cheruvu falsified visa applications, work experience documents and work contracts, which they then submitted to the U.S. Department of Labor, Department of Homeland Security, and Department of State, in order to secure H-1B visas for Indian nationals. Their efforts resulted in the unlawful entry and employment of several Indian nationals within the United States.
The defendants made an initial appearance before U.S. Magistrate Judge Jonathan Feldman and were released on conditions.
The criminal complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York
Region, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Department of State’s Diplomatic Security Service, under the direction of the Special Agent-in-Charge of the New York Field Office, Charles Brandeis.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.
East Aurora Man Pleads Guilty for His Role in A Pharmacy RobberyRead 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 Ryan Peltan, 32, of East Aurora, NY, pleaded guilty to brandishing a firearm in furtherance of a crime of violence before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum sentence of seven years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that, on October 24, 2015, the defendant entered Larwood Pharmacy Inc., located at 597 Oakwood Avenue in East Aurora. Armed with a handgun, the defendant directed the pharmacy owner at gun point to give him controlled substances. Peltan also ordered customers to lie on the ground. The defendant then forcibly took numerous bottles of prescription pills and controlled substances and fled the pharmacy. Peltan was subsequently arrested a couple days later in Akron, Ohio, in possession of many of the prescription pills and controlled substances that were taken from Larwood Pharmacy during the robbery.
The plea is the result of an investigation by: the Drug Enforcement Agency and the East Aurora Police Department.
Sentencing is scheduled for March 23, 2018, at 12:30 p.m. before Judge Vilardo.
Syracuse Man Arrested, Charged with Threatening Death Against A New York Congressman and His FamilyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick D. Angelo, 28, of Syracuse, NY, was arrested and charged by criminal complaint with interstate communication of a threat, and threatening a federal official. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.
According to Assistant U.S. Attorney Craig R. Gestring of the U.S. Attorney’s Office for the Western District of New York in Rochester, the criminal complaint alleges that on Thursday, October 19, 2017, the Washington D.C. office of New York Congressman John Katko received a threatening voice mail that included a death threat to the Congressman and his family.
The message stated: “Listen Mr. Katko, if you support net neutrality, I will support you. But if you don’t support net neutrality, I will find you and your family and I will kill…you…all. Do you understand?” The message continued: “I will literally find all…of…you and your progeny and t- just wipe you from the face of the earth. Net neutrality is more important than the defense of the United States. Net neutrality is more important than free speech. Net neutrality is more important than health care. Net neutrality is literally the basis of the new society. That even if you don’t understand, how important it is, net neutrality is literally the basis of the new…free…society. So if you don’t support it, I am willing to lay down my li- (recording ends).”
Congressman Katko’s office reported the voicemail to the United States Capitol Police, Threat Assessment Section, which began an investigation in coordination with the Federal Bureau of Investigation. The telephone number that the call originated from traced back to the defendant.
“While citizens are certainly entitled to communicate their views on issues of importance to them to their elected officials, there are and must be bounds to the manner in which such views may be expressed, said U.S. Attorney Kennedy. “We will respond aggressively to those who overstep those bounds and seek to influence the making of Federal policies and legislation by making threats to the lives of those entrusted with such tasks and their families.”
As a result of the threat, security surrounding Congressman Katko was increased. Since Congressman Katko formerly served as an Assistant U.S. Attorney in the Northern District of New York, that Office was recused, and the case is being prosecuted by the United States Attorney’s Office for the Western District of New York.
Angelo made an initial appearance this afternoon before U.S. Magistrate Judge Therese Wiley Dancks and is being held pending a detention hearing on December 1, 2017 at 2:00 p.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Vadim Thomas, Special Agent-in-Charge, Albany Office, the New York State Police, under the Major Philip T. Rougeux, and the United States Capitol Police, under the direction of Matthew R. Verderosa.
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.
Sex Offender Pleads Guilty to Failure to Register as Required by LawRead 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 Shamar R. Chester, 41, of Rochester, NY, pleaded guilty to failing to register as a sex offender before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.Assistant U.S. Attorney John J. Field, who is handling the case, stated that Chester was convicted in 2007 in Washington, DC, for committing a sex crime involving a child. As a result, the defendant was required to register as a sex offender and keep that registration updated. In March 2015, Chester moved from Washington, DC, to Rochester, NY but failed to register as a sex offender in New York State. The defendant also failed to notify the authorities in Washington, DC, that he had moved to Rochester.
The plea is the result of an investigation by the U.S. Marshal Service, under the direction of Charles Salina.
Sentencing is scheduled for February 26, 2018 at 11:00 a.m. before Judge Wolford.
Rochester Man Sentenced for Illegal Firearm PossessionRead 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 Jeuane Harvey, 30, of Rochester, NY, who was convicted of being a felon-in-possession of a firearm and ammunition, was sentenced to 37 months in prison by U.S. District Judge David G. Larimer.Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on September 9, 2016, Rochester Police Department officers were on patrol in the area of the David F. Gantt Community Center located on North Street in Rochester. Officers saw that the defendant, who was standing with two other people, was holding a rifle with a curved magazine, which appeared to be high capacity. Harvey ran as officers attempted to confront him. After briefly losing sight of the defendant, officers found him and took Harvey into custody. The defendant did not have the rifle in his possession; however, officers searched the surrounding area and found the rifle laying on the ground near the playground. An ammunition magazine with a 30 round capacity, loaded with 17 rounds, was attached to the rifle. In 2008, Harvey was convicted of Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Weapon in the Third Degree, both felony level offenses. As a result of those convictions, Harvey was legally prohibited from possessing a firearm or ammunition.
Today’s sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent-in-Charge Ashan Benedict, new York Field Division.
Rochester Man Pleads Guilty to Child Pornography 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 Brendon Allan Young, 35, of Rochester, NY, pleaded guilty to production, distribution and possession of child pornography before Chief U.S. District Judge Frank P. Geraci. The combined charges carry a maximum penalty of 100 years in prison.Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that between 2012 and 2017, Young sexually abused a minor female, beginning when the child was only four or five years old. By the time the victim turned nine years old, the defendant produced child pornography depicting the victim, which he uploaded and traded via the internet. The victim’s images were ultimately found in the United Kingdom when British authorities arrested a perpetrator in that country during a child pornography sting. Using information found on the British suspect’s computer, British authorities contacted the National Center for Missing and Exploited Children in Washington, D.C., which was relayed the information to Homeland Security Investigations (HSI) in Buffalo, NY. Within days, using metadata associated with the images, HSI Agents located the victim in Rochester, NY.
At the same time, the Rochester Police Department and Monroe County Child Protective Services had begun an investigation after the victim made a disclosure of sexual abuse to a friend’s mother. HSI Agents, the Rochester Police Department, and Child Protectives engaged in a joint investigation that led to Young’s arrest by both state and federal authorities. The defendant has since been sentenced to 30 years in State Court. Federal sentencing is scheduled for February 28, 2018, before Judge Geraci.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; Monroe County Child Protective Services, the Bivona Child Advocacy Center, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
Grand Jury Indicts Lackawanna Man on Multiple Drug Charges, Including Heroin and Fentanyl ConspiracyRead 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 a federal grand jury has returned an six-count indictment charging Elias Armand, 40, of Lackawanna, NY, with various drug offenses involving Armand’s possession and distribution of heroin, fentanyl, butyryl fentanyl, furanyl fentanyl, U-47700, and cocaine. The indictment also charges him with possessing a firearm in furtherance of drug trafficking crimes and being a felon in possession of a firearm. The charges carry a maximum penalty of life in prison.Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between 2014 and February 2, 2017, the defendant is accused of conspiring with others to possess and distribute illegal narcotics, including heroin, fentanyl, and cocaine. According to the indictment and a previously filed complaint, an individual working with the Drug Enforcement Administration made a controlled purchased of approximately 10 grams of suspected heroin from the defendant.
On April 13, 2017, DEA special agents and detectives from the Lackawanna Police Department executed a search warrant at defendant’s residence and recovered the following: a plastic bag containing approximately 500 grams of suspected cocaine; a 9mm semi-automatic pistol; two magazines filled with ammunition; a digital scale; packaging equipment: and three empty packages addressed from China, the main distributor of the synthetic opiate fentanyl. Officers also located a kilogram press.
The defendant was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer 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, New York Field Division and the Lackawanna Police Department, under the direction of Chief James Michel.
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.
Irish National Arrested; Charged with Improper Use of A 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 Adam Doumbouya, 30, of Ireland, was arrested and charged by criminal complaint with improper use of another person’s passport and making a false statement to law enforcement. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that, according to the complaint, the defendant attempted to enter the United States at the Amtrak Train Station Port of Entry in Niagara Falls on November 19, 2017. Doumbouya presented an Irish passport bearing the name Mariame Kourouma to a Customs and Border Protection Officer. The defendant also told the officer she was traveling to New York City to visit relatives.
An officer entered the defendant’s fingerprints into a Fingerprint Identification System and determined that she was in fact Adam Doumbouya, a citizen of Ireland, and not Mariame Kourouma. The investigation further revealed that the defendant was previously denied entry to the United States at the Rouses Point, New York Port of Entry, and had been refused a visa at the United States consulate in Dublin.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing scheduled for November 28, 2017, at 9:30 a.m.The criminal complaint is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Men Convicted by Federal Jury of Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Isiah Pierce, 34, and Larry Willis, 32, both of Buffalo, NY, guilty of possessing crack cocaine with intent to distribute, maintaining a drug involved premises, possessing firearms in furtherance of drug trafficking activities, and being a felons-in-possession of firearms and explosives. In addition to the foregoing, defendant Pierce was also convicted of possession with intent to distribute cocaine, fentanyl, and butryl fentanyl. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorneys Laura A. Higgins and Paul E. Bonanno, who handled the trial of the case, stated that between November 2016 and December 1, 2016, the defendants utilized two apartments inside 70 Henrietta Avenue, Buffalo, New York, to manufacture, package, and store quantities of crack cocaine, heroin, cocaine, fentanyl, and butyryl fentanyl, along with the proceeds for sale of such controlled substances. To protect their product and their proceeds, the defendants maintained multiple firearms and ammunition within each of the apartments.
During the execution of a search warrant in the lower apartment at 70 Henrietta Avenue, officers recovered crack cocaine, three firearms and ammunition, a digital scale with drug residue, packaging material, whisks, spoons, and cutting agents. A subsequent search of the upper apartment uncovered additional amounts of crack cocaine, a mixture of heroin and butyryl fentanyl, three handguns and numerous rounds of ammunition.
The verdict is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard and the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Pierce and Willis will be sentenced on March 20, 2018, and March 21, 2018, respectively, before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.
Buffalo Man Sentenced on Fentanyl and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Walker, Jr., 25, of Buffalo, NY, who was convicted of distribution of fentanyl and unlawful possession of a firearm by a person subject to an order of protection, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on five occasions in March and April of 2016, the defendant sold fentanyl to a confidential source of the Federal Bureau of Investigation. The last of those transactions occurred on April 18, 2016, when Walker sold a quantity of fentanyl for $1,000.
On April 26, 2016, a search warrant was executed at the defendant’s residence on Busti Avenue in Buffalo. Officers recovered a semi-automatic pistol, and a magazine loaded with 13 rounds of 9mm ammunition. At the time, Walker was subject to a court order prohibiting him from harassing, stalking, or threatening an individual. The defendant was also explicitly prohibited from using, attempting to use or threatening use of physical force against the individual. The individual has children with the defendant.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Buffalo Man Pleads Guilty to Running A Fraudulent Debt Collection SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Sylvia, 35, of Buffalo, NY, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that the defendant organized a scheme fraudulently to collect on non-existent debts and over-collect on debts that had been paid-in-full. Sylvia, or other individuals he managed, contacted eight victims via telephone purporting to be from organizations which included: American Mutual Holdings (AMH); Check Systems, LLC; Interstate Recovery Solutions; Apex Resolution Group; Interstate Check Registry; Miller and Flemming and Associates (MFA); Pasquale and Associates LLC; Checking Solutions; or Aries Resolution Group.
The defendant and others used strong-arm tactics including threats of arrest, jail, and lawsuits to convince victims to make payments toward what they were told were outstanding debts. Victims were directed to transfer money via MoneyGram and Western Union and to wire funds into bank accounts controlled by the defendant or his associates. Merchant accounts were established with two merchant processing companies in order to process credit card payments made by victims. In creating those merchant accounts, Sylvia and others made false representations to the payment processing companies claiming that the business entities they operated were engaging in legal services, investment services, and software sales. The payment processing companies suffered losses as a result of chargebacks of payments as a result of unauthorized and fraudulent charges.
Between May 2013 and August 2017, Sylvia and his associates fraudulently obtained a total of $342,303.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Sentencing is scheduled for April 3, 2017, at 12:30 before Judge Arcara.
Buffalo Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jimmy Lee Barner, 35, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on December 7, 2016, Amherst, NY police officers stopped a vehicle in connection with a report of larceny from a Kohl’s department store on Transit Road in Williamsville, NY. The defendant was one of four occupants and was sitting in the front passenger seat. Stolen merchandise was recovered from some of the occupants.
A subsequent search of the vehicle for additional items of stolen property resulted in the seizure of a .380 caliber semi-automatic pistol from the glove box. The firearm was loaded with nine rounds of ammunition. Subsequently, a DNA sample was taken from Barner to compare with DNA collected from the firearm. Testing confirmed that the defendant’s DNA was on the firearm.
Barner was previously convicted of local charges in Erie County Court as well as federal charges in the Western District of New York of and is legally prohibited from carrying a firearm.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Amherst Police Department, under the direction of Chief John Askey.Sentencing is scheduled for March 13, 2018, before Judge Vilardo.
Williamsville Couple Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shaheen Hassanali, 45, pleaded guilty to filing a false tax return, and her husband, Riyaz Hassanali, 57, both of Williamsville, NY, pleaded guilty to receiving and delivering misbranded drugs. The pleas took place before U.S. District Judge Richard J. Arcara. The charge against Shaheen Hassanali carries a maximum penalty of three years in prison and a $250,000 fine. Riyaz Hassanali faces a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that for the tax years 2006-2009, Shaheen Hassanali filed false joint income tax returns for herself and her husband. The defendant substantially under-reported the income earned from her husband’s medical practice.
In addition, between 2009 and 2011, Riyaz Hassanali ordered, and administered to patients, a misbranded, and non-FDA approved, foreign market product, similar to the prescription drug Dysport, a prescription drug commonly used in cosmetic procedures.
The pleas are the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the U.S. Food and Drug Administration, Office of Criminal Investigations, under the direction of Jeffrey Ebersole, Special Agent-in- New York Field Office.
Sentencing is scheduled for March 6, 2018, at 12:30 p.m. before Judge Arcara.
Rochester Man Pleads Guilty to Conspiracy to Sell OxycodoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Ingham, 29, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that co-defendant Ronald Lockwood was prescribed large quantities of oxycodone by his heath care provider. Beginning in October 2016 and continuing until his arrest in February 2017, Ingham conspired to purchase those pills from Lockwood to sell to others in the Rochester area.
Ronald Lockwood has been convicted and is awaiting sentencing. Charges are pending against another co-defendant Daniel Volonino, Jr. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Ingham’s plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and investigators with the Medicaid Fraud Control Unit of the New York State Attorney General, under the direction of Eric Schneiderman.
Sentencing is scheduled for January 16, 2018, at 10:30 a.m. before Judge Larimer.
Orchard Park Pain Doctor Arrested; Charged with Using Patient Names Fraudulently to Obtain Controlled SubstancesRead 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 Dr. Paul Biddle, 53, of Amherst, NY, was arrested and charged by criminal complaint with obtaining controlled substances through fraud and identity theft. The drug charges carry a maximum possible term of four years in prison, while the identity theft charges carry a maximum possible term of five years in prison.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that Biddle is an anesthesiologist and pain management doctor who also operates a medical marijuana practice.
According to the complaint, in September 2017, federal agents reviewed information from the New York State Bureau of Controlled Substances/Bureau of Narcotic Enforcement (BNE) regarding prescriptions issued by the defendant. The review showed that Biddle was prescribing controlled substances for 23 of his patients through a pharmacy in Tampa, Florida. Such prescriptions, which were paid for without using insurance, were sent directly to the defendant’s home address in Amherst or his office in Orchard Park, NY. Between November 11, 2013, to October 16, 2017, Biddle wrote and received a total of 888 prescriptions for controlled substances in this manner from the Tampa pharmacy. The prescriptions were for opioids including hydromorphone HCL, fentanyl citrate, and morphine sulfate. Two of the 23 patients for whom defendant wrote the prescriptions were already deceased at the time that defendant wrote a combined total of 33 separate controlled substance prescriptions for them.
Evidence obtained from Dr. Biddle’s trash suggest that the opioids he was fraudulently receiving, as well as marijuana, were being used unlawfully at his home.
The defendant made his initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released, with the express condition that he not practice medicine or be permitted to write prescriptions pending his next court appearance on November 27, 2017.
“The harm caused by drug addiction, particularly opioids knows no boundaries,” said U.S. Attorney Kennedy. “From LeRoy Avenue to LeBrun Drive and from Olcott to Orchard Park, lives across our region are being ruined, and even lost, every day as a result of opioid addiction. Sadly, it appears that Dr. Biddle used his medical license as a license both to steal his patient information and to divert drugs to himself. Today’s arrest reminds us that no one is immune from the deleterious impact of drug addiction.”
The complaint is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation, Western New York Healthcare Fraud Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Department of Financial Services, under the direction of Maria T. Vullo, Superintendent of Financial Services; Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent-in-Charge Scott Lampert; and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damar Currie, 42, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of cocaine, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that between December 10, 2014, and March 31, 2015, the defendant possessed and distributed cocaine and crack cocaine. On three occasions, Currie sold cocaine in exchange for money. In addition, the defendant utilized 55 Krupp Avenue and 24 Palos Place, both in Buffalo, for the purposes of manufacturing, distributing and storing cocaine, and crack cocaine.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Sentencing is scheduled for February 28, 2018, at 12:30 p.m. before Judge Arcara.
Brockport Kindergarten Teacher Arrested on Child Pornography Charges; Investigators Looking for Assistance from the PublicRead 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 Roland Yockel, II, 30, of Hilton, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a maximum penalty of 20 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, in October 2016, Homeland Security Investigation (HSI) Special Agents in Phoenix became involved in an ongoing child pornography investigation with investigators from the New Zealand Department of Internal Affairs Te Tari Taiwheuna, Digital Child Exploitation Team (NZDCET). That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.
On May 22, 2017 and July 24, 2017, a NZDCET investigator, acting in an undercover capacity, observed multiple individuals accessing Chatstep chat rooms, including an individual with the user name “Ryancba.” The individual also posted links to image files depicting suspected child pornography. The IP address traced back to the defendant, Roland Yockel, a kindergarten teacher in the Brockport Central School District. The sexually explicit images included pre-pubescent children
On November 21, 2017, a search warrant was executed at the defendant’s North Avenue residence. Agents recovered DVD’s containing numerous videos and images of child pornography. Yockel resides in the basement of the North Avenue residence with his parents and siblings and his parents provide babysitting services at the residence.
U.S. Attorney Kennedy emphasized that given the defendant’s access to children, HSI Special Agents working the case are seeking the public's help in order to determine whether there are additional minor victims.
"Based upon his access to children and the nature of the allegations in this case, we believe there is a possibility there are unidentified child victims," said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo, which covers the region. "We encourage anyone in the Rochester area who may have information that could be relevant to the case to come forward."
Members of the public who have information related to this case are urged to contact the local HSI Buffalo Office at 716-464-5923. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen.
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.
Rochester Man Pleads Guilty to Conspiracy to Sell OxycodoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Michael Ingham, 29, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Ingham was prescribed large quantities of oxycodone by his heath care provider. Beginning in October 2016 and continuing until his arrest in February 2017, Ingham conspired to sell his oxycodone pills to Daniel Volonino, Jr. and Ronald Lockwood, who, in turn, sold pills to others in the Rochester area.
Ronald Lockwood has been convicted and is awaiting sentencing. Charges are pending against Daniel Volonino, Jr. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and investigators with the Medicaid Fraud Control Unit of the New York State Attorney General, under the direction of Eric Schneiderman.
Sentencing is scheduled for January 16, 2018, at 10:30 a.m. before Judge Larimer.
Jamestown Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today Barrett Johnson, 34, of Jamestown, NY, pleaded guilty to possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty 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 the defendant sold MDA on multiple occasions, at location which included Johnson’s barbershop. The defendant would purchase “Molly” from co-defendant Richard Clarke and, in turn, sell the “Molly” to others, including co-defendant Joshua Castro.
Co-defendants Joshua Castro and Richard Clarke have been convicted and are awaiting sentencing.
Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.
Sentencing is scheduled for February 8, 2018, at 2:30 p.m., before Chief Judge Geraci.
Jamestown Man Pleads Guilty to 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 Barrett Johnson, 34, of Jamestown, NY, pleaded guilty to possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty 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 the defendant sold MDA on multiple occasions, at location which included Johnson’s barbershop. The defendant would purchase “Molly” from co-defendant Richard Clarke and, in turn, sell the “Molly” to others, including co-defendant Joshua Castro.
Co-defendants Joshua Castro and Richard Clarke have been convicted and are awaiting sentencing.
Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.
Sentencing is scheduled for February 8, 2018, at 2:30 p.m., before Chief Judge Geraci.
Beaver Dams Man Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Kennedy, 40, of Beaver Dams, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, 500 grams or more of a mixture or substance containing methamphetamine, was sentenced to 235 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between June 2012, and May 4, 2016, Scott Kennedy conspired with others, including Wendy Kennedy, Jared Mendez, and Terry Champion, to manufacture and distribute methamphetamine. Kennedy distributed large amounts of methamphetamine with and to people throughout the area of Schuyler, Chemung, and Steuben Counties in New York. During that time, defendant personally manufactured large amounts of methamphetamine at his home at 44 Campground Road in the Town of Catlin and on the property maintained by his sister, Wendy Kennedy, at 2200 County Route 19 in the Town of Dix.
Kennedy also received assistance from numerous co-conspirators who provided him with supplies with the intent that he would use those supplies to manufacture methamphetamine. Jared Mendez, for example, sold stolen anhydrous ammonia to Kennedy, while Terry Champion sold pseudoephedrine to Kennedy.
Jared Mendez, Terry Champion, and Wendy Kennedy have been convicted of charges stemming from the conspiracy and will be sentenced on December 1, 2017, November 30, 2017, and December 19, 2017, respectively. Charges are pending against another co-defendant, Quinton Harrison. 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 New York State Police, Special Investigations Unit, Rochester; the New York State Police, CNET Southern Tier, under the direction of Major Richard Allen; the Schuyler County Sheriff’s Department, under the direction of William Yessman; and the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzary.Lovejoy Barber Shop Used to Distribute CocaineRead 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 Stevie Alejandro, 31; Cleophus Dentmond a/k/a Face, age 28; Gilbert Guzman, age 48; and Catherine Ramos, age 29, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and distribution of a mixture or substance containing cocaine. The charges carry a maximum sentence of 20 years in prison and a fine of $1,000,000, or both.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, since May 2017, the defendants, including Alejandro, the operator of Barberians Barber Shop located on East Lovejoy Steet, in Buffalo, NY were selling cocaine out of the barber shop. The Buffalo Police Department received numerous complaints about suspected drug activity in the barber shop which is located across from Buffalo Public School No. 43, the Lovejoy Discovery School.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.Initial appearances were held before U.S. Magistrate Judge Jeremiah J. McCarthy on November 16 and November 17, 2017. The defendants were released on conditions except for Stevie Alejandro who requested a detention hearing which is scheduled for November 21, 2017.
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.Armed Robber Sentenced to 15 Years in PrisonRead 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 Saul Robinson, 38, of Rochester, who was convicted of brandishing a firearm during and in relation to a crime of violence, was sentenced to 188 months in prison and 5 years supervised release, by U.S. District Judge Charles J. Siragusa. Robinson was also ordered to pay $179 in restitution and forfeit a firearm and ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on December 27, 2013, at about 10:30 pm, Robinson committed an armed robbery of the Adams Mobil Station located at 575 N. Winton Road in Rochester. Robinson brandished a loaded .25 caliber semi-automatic pistol and stole $179 in U.S. currency from an employee. The gas station routinely purchases and sells goods from suppliers within and outside the State of New York. As such, Robinson’s armed robbery gave rise to the federal investigation and prosecution. Robinson was arrested later that night by the Rochester Police Department.
The conviction was the culmination of an investigation conducted by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division.Rochester Man Sentenced for Robbing Rochester BanksRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ernest Young, 50, of Rochester, NY, who was convicted of bank robbery, was sentenced to 151 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that Young robbed four banks over the course of one week, just days after being released from the New York State Department of Corrections on similar charges. During each of the robberies, the defendant demanded money from the teller and said he had a gun.
o On January 5, 2017, Young robbed the Bank of America branch located at 671 Park Avenue in Rochester;
o On January 6, 2017, the defendant robbed the Chase Bank branch located at 3917 Lake Avenue in Rochester;
o On December 31, 2016, Young robbed the M&T Bank branch located at 314 Waring Road in Rochester; and
o On January 4, 2017, Young robbed the M&T Bank branch located at 1385 Lyell Avenue in Rochester.The sentencing 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 Area Major Crimes Task Force and the Rochester Police Department, under the direction of Michael Ciminelli.
Rochester Man Pleads Guilty to Conspiracy to Sell OxycodoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Lockwood, 44, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Lockwood was prescribed large quantities of oxycodone by his heath care provider. Beginning in February 2015 and continuing until his arrest in February 2017, Lockwood conspired to sell his oxycodone pills to Daniel Volonino, Jr. and Michael Ingham, who, in turn, sold pills to others in the Rochester area.
Charges are pending against Daniel Volonino, Jr. and Michael Ingham. 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 Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and investigators with the Medicaid Fraud Control Unit of the New York State Attorney General, under the direction of Eric Schneiderman.
Sentencing is scheduled for January 11, 2018, at 10:00 a.m. before Judge Larimer.