Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Indicted on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Mikel Lowe, aka L-O, 23, of Buffalo, NY, with possession with intent to distribute crack cocaine and heroin, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated on February 28, 2017, the defendant possessed crack cocaine, fentanyl, and heroin, which was intended for distribution in the Buffalo area. In addition, while in possession of the illegal narcotics, Lowe also possessed a firearm.
Lowe was arraigned this afternoon before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on June 9, 2017 at 10:00 a.m.
The indictment 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, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Erie County Sheriff’s Department, under the direction of Timothy Howard, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Schuele Boys Associate Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Andre Jackson, 29, of Buffalo, who was convicted of conspiracy to distribute cocaine, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, Jackson conspired with other Schuele Boys associates and gang members, including Michael Robertson, to distribute cocaine in the City of Buffalo.
The Schuele Boys refers to a gang that operated in the Schuele Street area of the East Side of Buffalo and is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
Jackson is one of 28 individuals arrested as part of the Schuele Boys investigation. To date, 23 of those 28 defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is 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.
Pennsylvania Man Sentenced on Carjacking and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Gonzalez-Colon, 21, of Erie, Pennsylvania, who was convicted of carjacking and brandishing a firearm in furtherance of a crime of violence, was sentenced to 144 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated on July 20, 2015, the defendant traveled with co-defendants Dimas Colon-Cruz and Denis Cruz, from Erie, Pennsylvania to Dunkirk, NY, on stolen all-terrain vehicles. Shortly after arriving in Dunkirk, the ATV's were seized by the Dunkirk Police Department leaving the defendants without transportation.
Subsequently, the defendant and his codefendants assaulted an individual (Victim 1) in the vicinity of Robin and Second Streets in Dunkirk. The trio brandished firearms during the assault, struck Victim 1 in the face and stole several items from Victim 1. Almost immediately after Victim 1 was assaulted, a second victim (Victim 2) was assaulted by the defendant and his codefendants in the vicinity of 209 Robin Street. After exiting a car, Victim 2 was approached by the defendant and his codefendants and ordered to kneel on the ground at which time the victim was struck in the head with a handgun. Following the assault, the defendant and his codefendants stole Victim 2’s car, a 2004 Pontiac Grand Am. Also on July 20, 2015, Lakeside Lawncare in Fredonia, NY, was burglarized and several items were stolen including a gray 2002 GMC Sierra pickup truck. On July 22, 2015, both the 2004 Pontiac Grand Am and the 2002 GMC Sierra pickup truck were recovered in Erie, Pennsylvania.
Charges are pending against Dimas Colon-Cruz and Denis Cruz. 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 Dunkirk Police Department, under the direction of Chief David Ortolano, the Erie, Pennsylvania Police Department, under the direction of Chief Randy Bowers, the New York State Police, under the direction of Major Steven Nigrelli, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Aggravated Felon Sentenced for Reentering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Horace Garfield Tajah, 35, of Kingston, Jamaica, who was convicted of reentering the United States after a conviction for an aggravated felony, was sentenced to time served (four years) by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque who handled the case, stated that on January 23, 2013, the defendant attempted to enter the United States from Canada at the Peace Bridge port of entry. Tajah was in possession of a valid United States passport belonging to another individual and claimed to be an American citizen. Standard database checks revealed that the defendant was an aggravated felon following a 2010 conviction in the Southern District of New York on multiple offenses including drug, gun, and conspiracy to commit murder charges. After serving a 72 month prison sentence, Tajah, in 2012, was deported to Jamaica and banned from the United States for life.
The sentencing is the result of an investigation by U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Jury Convicts Buffalo Man of Damaging Government PropertyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury found Justin Vazquez, 30, of Buffalo, NY, guilty of damaging government property. The charge carries a maximum penalty of one year in prison.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on October 20, 2016, during a status conference prior to trial on a firearm’s charge, Vazquez carved a vulgar obscenity into a wooden table in the courtroom of Chief U.S. District Judge Joseph P. Geraci.
In May of 2017, defendant was convicted of the firearm charge and sentenced to 72 months in prison.
The verdict is the result of an investigation by the U.S. Marshal’s Service, under the direction of Marshal Charles Salina.Sentencing is scheduled for September 14, 2017, at 11:00 a.m. before Judge Geraci who presided over the trial.
Lackawanna Man Pleads Guilty to Drug and Retaliation ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Sharon Thompson, 25, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine within 1000 feet of a public housing property, and conspiracy to retaliate against an informant, before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 40 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on May 7, 2014, the defendant sold crack cocaine to a confidential informant working with the Lackawanna Police Department. The purchase occurred within 1000 feet of the Gates Housing Projects in Lackawanna. On October 11, 2014, Thompson and another individual assaulted another individual who they believed was cooperating with law enforcement officers. In addition, they stole case and a cell phone from the victim while the victim was unconscious.
Thompson is one of 18 defendants arrested in a large scale drug trafficking operation that operated in and near the Gates Housing Project. To date, eight defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.Sentencing is scheduled for September 20, 2017, at 9:00 a.m. before Judge Skretny.
Buffalo Men Plead Guilty in Heroin Trafficking ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy announced today that Mark Gonzalez, 22, and Michael Perez, 21, both of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution of heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between September 2014 and September 28, 2015, the defendants conspired with Hector Carattini and others to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
The 10 defendants charged in this case were street-level distributors or “runners” in a heroin trafficking ring operated by Daniel Molina-Rios who was arrested in June 2015 along with Orlando Rios, Luis Montanez and Jose Andujar. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.
A total of 14 defendants have been indicted in this case. Gonzalez and Perez are the fourth and fifth to be convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the 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.
Gonzalez is scheduled to be sentencing on September 8, 2017, at 1:30 p.m., Perez on September 11, 2017 at 12:30 p.m., both before Judge Arcara.
Buffalo Man Indicted on Fentanyl and Heroin ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Shawn Woods, 25, of Buffalo, NY, with possession with intent to distribute fentanyl, butyryl fentanyl, furanyl fentanuyl, and heroin; maintaining a drug involved premises; and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment, on February 1, 2017, the defendant possessed large quantities of fentanyl, butyryl fentanyl, furanyl fentanuyl, and heroin, which were intended for distribution in the Buffalo area.
Woods was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The indictment is the result of an investigation by the Federal Bureau of investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; and Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Amherst Man Charged with Witness Intimidation and Extortion of A Local Physician and His FamilyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Gary Drago, 56, of Amherst, NY, was arrested and charged by criminal complaint with intimidation of a witness, and making a threatening communication to extort money. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, on May 15, 2017, the FBI received a complaint from an individual (Victim 1) that the defendant was engaged in extortion with death threats against her and her husband (Victim 2). During an interview in the morning on May 19, 2017, the victims told special agents that Drago has been extorting Victim 2, a physician, and his medical practice for approximately four years. The complaint states that the defendant initially asked for smaller amounts of money in the form of loans, which he never repaid. Eventually, Victim 2 claims that Drago forcibly coerced him to enter into a business relationship and since that time, the defendant has consistently abused and threatened Victim 2 and his family. The alleged abuse included Drago forcing Victim 2 to withdrawal large sums of money.
On the afternoon of May 19, 2017, the defendant went to a medical office on Wehrle Drive in Williamsville, NY, where Victim 2 is employed. After talking with an employee in the parking lot, that employee went inside and ordered all patients in the building into the reception area, and all employees into the front office area. Drago then went inside and walked out with Victim 2 with his hand on Victim 2's neck. The complaint states that the defendant told patients that Victim 2 was done seeing patients for the day. As the two walked outside, Drago told Victim 2 to get in the car.
In the evening of May 19, 2017, Victim 1 called the FBI and stated that she received a call from her husband who said he would not be coming home that night, and was being threatened by Drago. A special agent contacted Victim 2 by phone who stated, "everything is fine" and that what he and his wife previously told the FBI was "all a bunch of lies." Victim 2 terminated the call abruptly.
At approximately 9:05 p.m. that evening, law enforcement officers stopped Victim 2 and Drago’s vehicles, who at the time were traveling in separate vehicles. Victim 2 stated, "I was in fear of my life and my family's life and I did exactly what he told me to do.” The defendant was arrested the following day on May 20, 2017.
Drago made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint 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; the Lancaster Police Department, under the direction of Chief Herald Gill; the Amherst Police Department, under the direction of Chief John Askey; the New York State Police, under the direction of Major Steven Nigrelli; the Erie County Sheriff’s Office, under the direction of Timothy Howard; and the Erie County District Attorney’s Office, under the direction of John Flynn.
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.
Scio Woman Sentenced in Meth ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Elizabeth J. Schreiber, 37, of Scio, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and distribute, a mixture and substance containing methamphetamine, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handling the case, stated that between January of 2011 and late 2014, the defendant conspired to manufacture and distribute methamphetamine. Schreiber, in an effort to avoid restrictions on purchasing significant quantities of products containing pseudoephedrine—an integral ingredient in the methamphetamine manufacturing process, purchased only small quantities of such products at local pharmacies. The practice is referred to as “smurfing.”
A total of 12 people have been arrested as part of this conspiracy, Schreiber is the 10th defendant to be convicted.
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 Division; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.Lockport Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Sterling Jones, 23, of Lockport, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and $250,000 fine.
Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that according to the complaint, in March 2017, the FBI’s CyberTipLine received a report about an account on DropBox, Inc. that belonged to the defendant. On April 7, 2017, a federal search warrant was executed at the defendant’s residence at 153 Grand Street, Apartment 2, in Lockport. During the search, officers seized Jones’ cellular telephone. Following a forensic analysis of the phone, investigators discovered a second DropBox account, which contained approximately 295 videos and 11 images of child pornography. Some of the images depicted prepubescent children.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held in custody.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former School Teacher Sentenced on Child Pornography ChargeRead 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 Steven Choi, 42, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to time served and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the FBI’s Child Exploitation Task Force identified the defendant accessing child pornography online. A forensic examination of that computer recovered sexually explicit photographs of prepubescent girls. Choi is no longer an English teacher with the Holley Central School District.
The sentencing is the culmination of an investigation by Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.
Buffalo Man Sentenced on Wire Fraud and Aggravated Idenity Theft ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Alan Ceccarelli, 32, of Buffalo, NY, who was convicted of conspiracy to commit wire fraud and aggravated identity theft, was sentenced to 78 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that between January 2013 and January 2016, Ceccarelli, the owner and manager of a debt collection business, engaged in a scheme to defraud debtors and purported debtors by false and fraudulent pretenses. The defendant tricked and coerced victims throughout the United States into paying debts that they owed or debts that they did not owe through a variety of false statements and threats. Ceccarelli hired a number of debt collectors as part of the scheme which resulted in his company collecting more than $1,022,000 from thousands of victims across the United States. In order to further the scheme, the defendant used a variety of aliases and identities of others.
Acting U.S. Attorney James P. Kennedy, Jr. stated, “With the significant sentence imposed by the court, Ceccarelli finally received the one payback he actually earned as a result of his fraudulent, ruthless, and predatory collection practices.”
"Financial scams like the one perpetrated by Ceccarelli have devastating long-term effects on the victims, many of whom were already under financial hardship,” said Special Agent in Charge of HSI Buffalo James C. Spero. “HSI will continue to aggressively investigate and bring to justice the criminal enterprises who perpetrate these scams that prey on vulnerable people.”
The sentencing is the result of an investigation by U.S. Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Buffalo Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Troy Cooley, 54, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to time served (31 months) by Senior U.S. 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 buy and sell crack cocaine in the City of Buffalo.
Also charged and convicted in this case were co-defendants Anthony McCutcheon, Deandre Sparks, William Jefferson, Markiel Hall, Morrell Buster, Alicia Maghett, and Carmella Rivera.
The 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.
Buffalo Man Indicted for Distribution of Cocaine, Crack Cocaine, Butyryl Fentanyl and MarijuanaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 14-count indictment charging Tracy Bankston, 50, of Buffalo, NY, with conspiracy to distribute crack cocaine, cocaine, butyryl fentanyl, and marijuana. The defendant was also charged with possessing controlled substances with the intent to distribute; maintaining a drug-involved premises; possessing of a firearm in furtherance of a drug trafficking crime; and possessing of a firearm as a convicted felon. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, Bankston is accused of distributing drugs between July of 2015 and December of 2016. The investigation included the execution of search warrants on five separate dates and locations.
On August 8, 2016, officers from the Buffalo Police Department executed a search warrant at 112 Ideal Street, upper apartment, in Buffalo and recovered cocaine, scales, baggies, and a shortened rifle. It is alleged that the defendant was on the corner selling drugs at the time the warrant was executed. Bankston was initially charged in state court and released on conditions.
On August 21, 2016, Buffalo Police officers executed a search warrant at 70 Chauncey and recovered a quantity of crack cocaine. Bankston pleaded guilty in Buffalo City Court to a class B misdemeanor, and was sentenced to 90 days in jail, the maximum penalty for that offense.
On January 7, 2016, officers from the Buffalo and West Seneca Police Departments executed a search warrant at 36 Boyton Street, upper apartment, in West Seneca. At the time, Bankston was observed by officers selling drugs at the corner of Boyton and Clinton Streets. On his person, police recovered three bags of crack cocaine and one bag of butyryl fentanyl, along with $1,315 in cash. Inside the residence, officers recovered 27 grams of crack cocaine, five grams of cocaine, 7 grams of butyryl fentanyl, scales, baggies, and an assortment of ammunition. The defendant was initially charged in state court, indicted by an Erie County Grand Jury, and released on conditions.
On April 9, 2016, Buffalo Police officers executed a search warrant at 359 Riley Street. Bankston was located at the residence along with cocaine, scales, pipes, and baggies. Three other people were found inside the residence as well, all of whom admitted to being cocaine addicts. The defendant was again charged in state court and released on conditions.
On December 12, 2016, deputies from the Erie County Sheriff’s Office surveilled Bankston selling cocaine in a controlled buy with an informant. Thereafter, they obtained a search warrant for Bankston, his vehicle, and his residence. On December 16, 2016, deputies executed the search warrant at 53 Benzinger Street, upper apartment, in Buffalo. When they approached the residence, the defendant was observed on the second floor balcony discarding a brown powdery substance in the snow. Bankston refused officer commands to stop what he was doing. The substance, suspected of being heroin, was destroyed after the laboratory determined that it was unable to be chemically analyzed due to its mixture with snow.
Inside Bankston’s bedroom, police recovered over 28 grams of crack cocaine, two ounces of marijuana, scales, baggies, a Smith and Wesson .357 caliber revolver, and a TEC-9 9mm pistol with an extended clip as well as nearly 100 rounds of .357 and 9mm ammunition with the 2 handguns. Also seized in the raid was $12,050 in cash recovered from a safe.
Bankston was arraigned before U.S. Magistrate Judge Michael J. Roemer and is being held without bail pending his next court appearance on September 18, 2017, at 11:00 a.m.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan M. Benedict, Special Agent-in- Charge, New York Field Division; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; and the West Seneca Police Department, under the direction of Chief Daniel Denz.The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Buffalo Man Arrested on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Odessin McBride, 38, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, cocaine. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the complaint, McBride distributed cocaine and crack cocaine in the Jamestown area. After law enforcement officers surveilled the defendant selling cocaine, they obtained a search warrant for McBride’s Sampson Street residence in Jamestown. On May 19, 2017, special agents from the Drug Enforcement Administration, working with officers from the Jamestown Metro Drug Task Force, executed the warrant and located McBride inside the residence with his wife and four-year-old child. Police also recovered cash, four digital scales, and a shrink-wrapping machine in the kitchen. In the yard of the residence, buried under the soil near some bushes, police recovered scales, baggies, a razor blade, and a quantity of cocaine sealed in shrink-wrapped plastic bags. A total of 4.5 ounces of cocaine and one ounce of crack cocaine was seized.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on May 31, 2017, at 3:00 p.m.
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 Jamestown Metro Drug Task Force, which includes officers from the Jamestown Police Department, under the direction of Chief Harry Snellings, the Ellicott Police Department, under the direction of William L. Ohnmeiss Jr., and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause.
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 ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that James H. Carter, 31, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute over 40 grams of fentanyl, possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that special agents from the Drug Enforcement Administration and deputies from the Erie County Sheriff’s Office arrested the defendant following the execution of a search warrant at his residence in the Perry Housing Projects. Officers recovered approximately 50 grams of fentanyl, 14 grams of crack cocaine, a small amount of cocaine, scales, baggies, cutting agents, a Rohm, .22-caliber revolver, along with seven boxes of assorted ammunition. Police also seized $4,500 in cash from which the defendant was carrying in his pants pocket.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was ordered detained.
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 and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rose Smith, 66, of Buffalo, NY, who was convicted of possession with intent to distribute fetanyl, oxymorphone, oxycodone, and hydrocodone, was sentenced to 48 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura Higgins, who handled the case, stated that on February 7, 2014, a search warrant was executed at the defendant’s residence on Littlefield Avenue in Buffalo. Officers recovered a large number of prescription pills, patches, marijuana, and two firearms. Subsequent analysis determined that the pills and patches contained oxycodone, fentanyl, oxymorphone, and hydrocodone. Smith admitted that she sold the majority of her own prescriptions of fentanyl and oxycodone to drug customers. The defendant also sold prescription narcotics she received from at least two other people.
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 Divison, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
BPD Cell Block Attendant Pleads Guilty to Violating the Civil Rights of an Individual in CustodyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Jaskula, 27, of Buffalo, NY, pleaded guilty to a one-count indictment previously filed against him. Specifically, Jaskula pled guilty to the crime of willfully depriving another of their constitutional rights under color of law resulting in bodily injury before U.S. District Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
According to Assistant U.S. Attorney Joseph M. Guerra, who is handling the case, Jaskula worked as a Cell Block Attendant with the Buffalo Police Department since 2013. On May 19, 2016, the defendant was working as a Senior Cell Block Attendant.
On May 19, 2016, the victim was arrested by two Buffalo Police officers and transported to the cell block area of police headquarters. At approximately 10:00 p.m., the victim, whose hands were handcuffed behind his back, was taken into the fingerprint and mug shot room. The officers and the victim were met by Jaskula and another cell block attendant.
The victim, with his hands still handcuffed behind him, was instructed to face a wall. Within a few seconds, Jaskula grabbed the victim from behind and shoved the victim face-first into a door. The force of the defendant’s actions not only caused the victim to strike the door, it caused the door to fly open and the victim to fall to the ground. On the way to the ground, the victim’s face struck the ledge of a shelf, before striking the floor, face-first.
The defendant’s actions caused the victim to become limp and unresponsive. Jaskula thereafter grabbed the victim by his handcuffed arms and dragged him down a hallway for approximately 10-15 feet to an open cell. The victim began bleeding profusely as he was dragged by the defendant and taken into an open cell. As the victim was pulled into the room, the victim’s head hit the door frame, causing blood to pool on the floor. Once in the room, the victim’s facial injuries caused a large amount of blood to fall onto the seat and floor of the cell.
The victim was later taken by Jaskula and another and put into a restraint chair used for non-compliant prisoners. The defendant left the victim in this chair, without seeking medical treatment for the facial injuries, for approximately an hour and 45 minutes. The cell block area in Buffalo Police headquarters is equipped with a video recording system and Jaskula’s actions were captured on video.
Jaskula told two lieutenants on duty that a prisoner had a bloody nose, giving the impression that the victim had the bloody nose when he was brought in by the officers. After one of the lieutenants indicated the victim should go to the Erie County Medical Center, the defendant replied that the victim’s nose was not bleeding anymore and he was refusing medical treatment. At approximately 11:30 p.m., the victim complained of chest pains. The victim was taken to ECMC and treated for nasal bone fractures and a laceration between his nose and right eye.
The plea 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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for October 12, 2017, at 9:30 a.m. before Judge Vilardo.
Two Dunkirk Men Indicted on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a six count indictment charging Fred A. Santiago, 29, and Michael Pacheco, 27, both of Dunkirk, NY with conspiracy to distribute and distribution of five or more kilograms of cocaine, possession with intent to distribute and distribution of cocaine, and maintaining a drug premise. The charges carry a mandatory minimum penalty of 10 years, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, on May 2, 2017, a state search warrant was executed at Santiago’s residence. Law enforcement officers seized scales, a heat sealer, heat sealing bags, a drug press, and over 600 grams of suspected cocaine. On the same day, members of the Southern Tier Regional Drug Task Force stopped Pacheco’s vehicle and seized an amount of cocaine that was secreted away inside a potato chip bag.
The defendants were arraigned today before the U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being held pending detention hearings on June 2, 2017 at 11:45 a.m.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. hunt, new York Field Division, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb, and the Dunkirk Police Department, under the direction of Chief David Ortolano.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Three Buffalo Men Arrested on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Derrick Pitts, 46, Shawn Cunningham, 46, and Travel Jefferson, 36, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, between April 2017 and May 17, 2017, the defendants conspired to sell and sold several ounces of crack cocaine on Jewitt Avenue in the Central Park area of Buffalo. The investigation included undercover drug purchases on April 17; May 16; and May 24, 2017.
During the execution of search warrants at residences located at 269 Jewett Avenue and 1945 Hertel Avenue, law enforcement officers recovered drug paraphernalia, including packaging, and scales with suspected cocaine residue, a plastic bag containing suspected cocaine, two plastic baggies containing suspected crack cocaine, cash, and a cell phone.
The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder. Shawn Cunningham and Travel Jefferson were released on conditions; Derrick Pitts is being held pending a detention hearing on June 2, 1017 at 10:00 a.m.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Adam S. Cohen.
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.
Niagara Falls Residents Indicted on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Raymond Hopson, 32, and Lindsay Carrier, 32 both of Niagara Falls, NY, with conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine base, possession with intent to distribute and distribution of crack cocaine, possession with intent to distribute cocaine and marijuana, and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that, between July 2016 and November 9, 2016, and April 2017 and May 17, 2017, the defendants conspired with others to possess and sell crack cocaine in in the Niagara Falls area.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
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.
Pakastani Man Pleads Guilty and Is Sentenced for Making False Statements Regarding Assault Rifle AccessoriesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.–Acting U.S. Attorney James P. Kennedy, Jr. announced today that Agha Muhammad Khan Durrani, 28, of Pakistan, pleaded guilty to making a false statement before Chief U.S. District Judge Frank P. Geraci, Jr. Judge Geraci then sentenced the defendant to six months in prison.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on July 19, 2016, Durrani was interviewed by Special Agents with the United States Department of Homeland Security at the Rainbow Bridge port of entry regarding an investigation into the export of firearm components to Canada. The defendant falsely stated that he did not buy and sell firearms and accessories for business purposes. Subsequently during the interview, Durrani admitted that he did buy firearms and accessories to sell in a business he operated in Pakistan.
The plea and sentencing are the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Four Individuals Arrested in Niagara County Cocaine BustRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ramone Westbrook, 27, Rico Freeman, 33, Corey Bradberry, 34, all of Niagara Falls, NY, and Darius Dix, aka Darius Jenkins, 27, of Lockport, NY, were arrested and charged by criminal complaint with conspiracy to possess and possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between April 2016, and May 2017, the defendants are accused of operating a wide-scale cocaine distribution network in Niagara Falls and Lockport. According to the complaint, the investigation utilized court ordered wiretaps as well as a dozen undercover purchases.
Law enforcement officers executed seven search warrant on houses and vehicles utilized by the defendants. During the search warrants, officers recovered a quantity of cocaine, marijuana, $75,000 in cash and drug paraphernalia.
The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and being held pending detention hearings on June 2, 2017 at 11:00 a.m.
“By following the destructive trail of these violent traffickers, law enforcement uncovered and shut down a regional drug source of supply,” stated DEA Special Agent-in-Charge James J. Hunt. “I commend our law enforcement partners on their diligent efforts in this investigation.”
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett, New York Field Office; the Niagara County Drug Task Force and Sheriff’s Department, under the direction of Sheriff James Voutour; the Lockport Police Department, under the direction of Chief Michael Niethe; the Niagara Falls Police Department, under the direction of Bryan DalPorto; and the Niagara County District Attorney’s Office, under the direction of Caroline A. Wojtaszek.
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 Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy announced today that Juan Oliverias-Arbello, 28, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution 100 grams or more of heroin before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between July 2014 and September 28, 2015, the defendant conspired with Hector Carattini and others to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
The 10 defendants charged in this case were street-level distributors or “runners” in a heroin trafficking ring operated by Daniel Molina-Rios who was arrested in June 2015 along with Orlando Rios, Luis Montanez and Jose Andujar. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.
A total of 14 defendants have been indicted in this case. Oliverias-Arbello is the second to be convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the 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.
Sentencing is scheduled for September 5, 2017, at 12:30 p.m. before Judge Arcara.
Rochester Resident Arrested for Child Sex Offense CrimesRead 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 Amit Pandey, 41, of Rochester, NY, was arrested and charged by criminal complaint with production of child pornography and online enticement of a minor. The charges carry a minimum penalty of 10 years in prison, a maximum penalty of life in prison, and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Pandey was arrested in February, 2017 by deputies with the Monroe County Sheriff’s Office when he was discovered having sex in a parked vehicle with a 16-year old minor female. The defendant’s cell phone was seized during the arrest. A forensic analysis uncovered sexually graphic chats and images using the Kik application between Pandey and the minor female. The defendant also used the cell phone to arrange to meet the minor victim for sex.
The defendant made an initial appearance before Magistrate Judge Marian W. Payson and is being detained.
The criminal complaint is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn and Special Agents with the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
California Man Sentenced to Prison in Loan SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert Storey, 67, of Gardena, California, who was convicted of wire fraud, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant defrauded a film production company located in England in an advance fee scheme, which resulted in $300,000 dollars in financial losses. Storey represented to the victim film production company that he and co-conspirators could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the film production company that he could monetize the stand by letter of credit, which would provide the film production company with millions of dollars in loans.
As part of the scheme, Storey required the investment company to provide him with $300,000, which would purportedly cover the costs associated with the financial transaction. The film production company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirators, used the funds for their own purposes.
The defendant similarly defrauded two other film production companies. The total loss amount for all three film production companies was $780,000.
Four co-conspirators: Rhett Shepard; Nick Mussolini; John Nielsen; and Rodney Walker, have already been convicted and sentenced.The sentencing is the result of an investigation by the Federal Bureau of Investigation.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Samuel Nappo, 38, of Buffalo, NY, pleaded guilty to obtaining controlled substances through fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between December 2013 and January 2015, co-defendant Brandon Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided prescriptions that were not issued for legitimate medical purposes to Nappo and nine others. Nappo and the others filled the prescriptions, and then sold the drugs, which included fentanyl, oxycodone, oxymorphone, and amphetamine, on the street in the Buffalo area. Nappo filled a total of 26 prescriptions.
To date, seven defendants charged in this investigation have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for September 1, 2017, at 12:30 p.m. before Judge Arcara.
Rochester Man Pleads Guilty to Child Pornography ChargesRead 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 Leonardo Gonzalez, 34, of Rochester, NY, pleaded guilty to possession of child pornography 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 $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that this case began with an indictment in the District of Alaska where Gonzalez was charged with one count of distribution of child pornography. On August 31, 2016, in the Western District of New York, the defendant possessed 300 images of child pornography involving prepubescent minors on his Alcatel smart phone. Gonzalez downloaded the images from a website containing child pornography.
The plea is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Attorney’s Office for the District of Alaska, under the direction of Acting United States Attorney Bryan Schroder.
Sentencing is scheduled for August 17, 2017 at 11:00 a.m. before Judge Geraci.
Former Mailman Pleads Guilty to Theft of MailRead 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 Timothy Wadsworth, 26, of Rochester, NY, pleaded guilty to theft of mail, before U.S. District Judge Frank P. Geraci. 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 Wadsworth was employed by the Postal Service in 2014 as a mail carrier in Rochester. The defendant abused his position by stealing from the mails entrusted to him for delivery. In total, Wadsworth stole approximately $2,477.18 worth of cash, gift cards and other items. In addition, 745 pieces of rifled mail were recovered from his apartment.
The plea is the culmination of an investigation on the part of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Sentencing is scheduled for August 17, 2017 at 10:00 am before Judge Geraci.
Elmira Man Charged with Threatening WitnessRead 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 Isaiah L. McLaurin, 27, of Elmira, NY, was arrested and charged by criminal complaint with witness tampering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the complaint alleges that, on May 17 and 18, 2017, the defendant made threats against an individual that he believed was cooperating in a drug investigation in the Elmira area. McLaurin’s intent was to prevent that individual from testifying and providing information to law enforcement authorities about the drug trafficking organization.
On May 16, 2017, four individuals – Robert Ian Thatcher, Maximillian Sams, Dwayne Banks, and Carlito Rios, Jr., were arrested and charged in a federal criminal complaint with various offenses including conspiracy to possess with intent to distribute, and to distribute, quantities of furanyl fentanyl, a Schedule I controlled substance, and U-47700, a Schedule I controlled substance, during the time period from November 29, 2016 through May 16, 2017.
On May 16, 2017, an article about the arrests and investigation was published on the website for the Star Gazette, the local newspaper in Elmira. The article was entitled, “Four face federal charges in Elmira drug investigation.” A digital copy of the complaint and supporting affidavit was also published on the website with the article. In the supporting affidavit, certain confidential sources were referenced by anonymous designations (including “CS-1” and “CS-2”).
On May 17, 2017, a member of law enforcement observed a series of public Facebook comments related to the investigation described in the article on a Facebook page bearing the user name “Isaiah Mclaurin” and a profile picture of the defendant. One post stated:
Isaiah Mclaurin
Facts somebody better have this (expletive) in protective custody cause if he thinks e can just pick his daughter up from school and everything’s gonna be ok. He got it coming
McLaurin publicly identified the individual – referred to as Individual A – who he believes is one of the confidential sources referenced in the complaint against Thatcher, Sams, Banks and Rios, and threatened both Individual A and Individual A’s child.
McLaurin made an initial appearance and is being held pending a detention hearing on May 23, 2017.The complaint is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Richard Allen; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Pennsylvania State Police, under the direction of Commissioner Colonel Tyree C. Blocker; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.
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.
Delevan Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that John Cutler, 34, of Delevan, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in August 2014, the New York State Police received an allegation from an 11-year-old female (minor victim) that Cutler had engaged in sexual contact with her. In November 2014, the defendant was convicted on state charges of endangering the welfare of a child and criminal sexual act in the second degree and sentenced to six months in prison and 10 years of probation. Cutler was also ordered to register as a sex offender.
As part of the defendant’s probation, he was mandated to maintain contact with the Cattaraugus County Probation Department and was prohibited from possessing devices that are capable of connecting to the Internet. On July 9, 2016, probation officials conducted a polygraph examination of Cutler. During questioning prior to administration of the polygraph examination, the defendant confirmed that he performed oral sex on the minor victim, the conduct he was convicted of in November 2014. The complaint also alleges that Cutler made incriminating statements regarding his internet activity and sexual contact with minors.
A forensic examination of Cutler’s laptop computer recovered a large volume of images and videos depicting children engaged in sexual activity.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 26, 2017.
If anyone has any information regarding the defendant, please contact the FBI at 716-856-7800. (photo attached)
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 Cattaraugus County Sheriff’s Department, under the direction of Sheriff Timothy Whitcomb.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Guy Lightfoot, 59, of Buffalo, NY, who was convicted of being a felon in possession of firearms and ammunition, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on January 12, 2012 law enforcement officers executed a search warrant at the defendant’s residence at 1953 Falls Street in Niagara Falls. During the search, officers recovered two firearms and ammunition. A third firearm was recovered as a result of the search. Co-defendant, Jerry Brown, fled the scene and led officers on a car chase. The chase ended when Brown abandoned the vehicle in the middle of the road and tossed the gun on a rooftop. Lightfoot admitted to giving the third firearm to Brown immediately prior to his being apprehended by the police.
Lightfoot was convicted of Forgery in the First Degree in the State of Georgia and is prohibited from legally possessing a firearm.
Charges are pending against Jerry Brown. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge James C. Spero.
Cheektowaga Man Pleads Guilty to Attempting to Possess Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Reiner, 29, of Cheektowaga, NY, pleaded guilty to attempting to possess child pornography, 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 Scott S. Allen, Jr., who is handling the case, stated that beginning in June 2016, the defendant communicated with a 15-year-old girl via cellphone applications Kik and Skout. After learning the victim’s age, Reiner texted the victim messages of a sexual nature in order to entice her into sexual activity. Through communications via the cellphone applications and text messaging, the defendant convinced the victim to sneak out of her home late at night to meet him for sexual activity on more than one occasion. Reiner also attempted to entice the victim to ask her friends to participate in sexual activity. Between June 2016 and July 2016, the defendant asked the 15-year-old girl to send him sexually explicit photographs.
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 August 30, 2017, at 1:00 p.m. before Judge Arcara.
Buffalo Man Sentenced in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Steven Martinez, 51, of Buffalo, NY, who was convicted of possession with intent to distribute more than 100 grams of heroin, was sentenced to 216 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that co-defendant Jeffrey Coleman was the courier of a heroin distribution conspiracy which brought heroin to Buffalo from New York City. Coleman was stopped on February 26, 2014, and found in possession of more than $65,000 in cash which was payment for the delivery of heroin. Within the currency was a note, written and signed by defendant Martinez which served as a receipt for the delivery and an order for another delivery in the future. Martinez was also stopped and found in possession of more than $2000 and a small quantity of heroin.
Also on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue in Buffalo. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash.
Martinez and Coleman were arrested along with Elias Figueroa, Julio Sanchez and Tomas Figueroa. All five defendants have been convicted.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Webster Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. James P. Kennedy, Jr. announced today that Brian Donaldson, 50, of Webster, NY, pleaded guilty to conspiracy to possess with intent to distribute five grams or more of methamphetamine before U.S. District Court Judge William M. Skretny. 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 Michael J. Adler, who is handling the case, stated that the Drug Enforcement Administration received a tip regarding the drug trafficking activities of the defendant and his co-defendant Pablo Ulloa. On October 27, 2016, Hamburg Police conducted surveillance at a local motel where the defendants were staying. At approximately 9:15 p.m., Donaldson left the motel and was subsequently pulled over in a traffic stop by Hamburg officers. A search of the vehicle recovered a small quantity of methamphetamine, and a lock box which contained a much larger quantity of methamphetamine.
A search was then conducted of the motel room where Donaldson and Ulloa were staying. During that search, officers recovered more containers of methamphetamine, several cellular telephones, drug packaging materials, a scale and pipes.
Charges are pending against Pablo Ulloa. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division and the Hamburg Police Department, under the direction of Chief Gregory Wickett.Sentencing is scheduled for August 28, 2017, at 11:00 a.m. before Judge Skretny.
North Carolina Sex Offender Pleads Guilty to Failing to Register in New YorkRead 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 Curtis D. Solomon, 33, recently of Rochester, NY, pleaded guilty to failing to register as a sex offender, before Chief U.S. District Judge Frank P. Geraci. The charge carries 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 Solomon was convicted in 2005 in North Carolina of soliciting a sex offense in the first degree. As a result, the defendant was required by the Sex Offender Registration and Notification Act to register and to update his registration if he moved to another state. Following his release from prison in North Carolina, Solomon moved to Rochester sometime in 2016 but failed to register in New York State. The defendant also failed to notify the authorities in North Carolina of his move. Solomon lived in the Rochester community until March 6, 2017, when he was arrested.
The plea is the result of an investigation by the United States Marshals Service, under the direction of United States Marshal Charles Salina.
Sentencing is scheduled for August 15, 2017, at 9:30 a.m., before Judge Geraci.
Florida Man Pleads Guilty to Marijuana ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Travis Beckley, 63, of Miami, FL, pleaded guilty to attempt to possess with intent to distribute 50 kilograms or more of marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on August 10, 2016, the defendant attempted to receive a shipment of approximately 145 pounds of high-grade marijuana. The marijuana was in individual bags, each weighing approximately one pound, all of which were packed into four barrels in three wooden crates. These crateswere shipped from the State of Nevada to a storage locker located in Erie County, NY. Beckley traveled from Miami to Western New York, signed for the marijuana load, and was immediately arrested by law enforcement officers.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
Sentencing is scheduled for August 28, 2017, at 1:00 p.m. before Judge Arcara.
Buffalo Woman Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Tashaira Vazquez, 30, both of Buffalo, NY, pleaded guilty to obtaining controlled substances through fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between July 2013 and May 2015, co-defendant Brandon Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided prescriptions that were not issued for legitimate medical purposes to Vazquez and nine others. Vasquez and the others filled the prescriptions, and then sold the drugs, which included fentanyl, oxycodone, oxymorphone, and amphetamine, on the street in the Buffalo area. Vazquez filled a total of 28 prescriptions.
To date, six defendants charged in this investigation have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for August 23, 2017, at 1:00 p.m. before Judge Arcara.
Buffalo Man Pleads Guilty to Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. — Acting U. S. Attorney James P. Kennedy, Jr. announced today that Dellsean Hamilton, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, heroin and being a felon in possession of a firearm. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between March 2015, and February 29, 2016, the defendant conspired with Brittney Ridgeway and others to sell heroin. During the course of the conspiracy, Hamilton and Ridgeway regularly sold heroin, fentanyl, and butyryl fentanyl in the Buffalo and Cheektowaga areas. On March 25, 2015, Cheektowaga Police conducted a traffic stop of a vehicle occupied by Ridgeway, the defendant and a juvenile and recovered $2,315 in cash. Ridgeway was found with 141 envelopes containing nearly four grams of fentanyl.
On July 15, 2015, the Erie County Sheriff’s Narcotics Unit executed warrants at two residences linked to Hamilton. At 16 Dash Street, deputies seized drug paraphernalia, including wax envelopes commonly used to package heroin. At 75 Edison Street, they seized approximately 2,000 wax envelopes containing approximately 50 grams of heroin, additional envelopes containing more than a gram of a mixture of heroin, fentanyl, and butyryl fentanyl, three firearms, and a digital scale.
Hamilton was arrested on state charges and while on bail, the defendant and Ridgeway continued their narcotics trafficking activities. On December 11, 18 and 23, 2015, Hamilton sold butyryl fentanyl to a confidential source working with the Drug Enforcement Administration and the Cheektowaga Police Department. This resulted in a federal search warrant and arrest warrant. On January 11, 2016, the defendant was arrested and found in possession of a large amount of cash and baggies containing approximately a gram of fentanyl. Inside of Hamilton’s vehicle, which was occupied by Ridgeway, officers seized approximately $5,000 in cash. During a subsequent search of Hamilton’s residence at 1150 East Lovejoy in Buffalo, officers seized a semi-automatic pistol and ammunition.
While incarcerated on the federal charges, Hamilton continued his drug trafficking activities with Ridgeway. Specifically, during a recorded jail call between the two, Hamilton instructed Ridgeway not to consent to the search of a residence again. Ridgeway then continued trafficking heroin as Hamilton had done prior to his incarceration. On February 4 and 11, 2016, Ridgeway sold butryrl fentanyl and fentanyl, respectively, to a confidential source working with DEA and the Cheektowaga Police Department.
Brittney Ridgeway has been convicted and is awaiting sentencing.
The plea is the culmination of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for August 28, 2017, at 12:30 p.m. before Judge Arcara.
Queens Man Pleads Guilty to Stealing from the GovnermentRead 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 Charles Novak, 29, of Queens, NY, pleaded guilty to theft of government money before U.S. District Judge Elizabeth Wolford. The charge carries 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 Novak conspired with others to cash multiple, forged U.S. Postal money orders in the Rochester and Syracuse, NY areas in 2016. The money orders had been altered and fraudulently raised in value from $1.51 to $1,000 each. During the scheme, Novak and others stole more than $48,000 from the United States Postal Service.
The defendant was identified when he presented a forged money order to a clerk at the Jefferson Road Post Office in Henrietta, NY. When a Postal Inspector approached Novak, he fled from the scene. During the ensuing chase, the defendant dropped a cell phone, which Postal Inspectors recovered and searched. The phone was logged on to the defendant’s Facebook account and Postal Inspectors retrieved his name and photograph. Novak was taken into custody in New York City in August 2016.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division; and the Monroe County Sheriff’s Office, under the direction of Patrick O’Flynn.
Sentencing is scheduled for August 18, 2017, before Judge Wolford.
Hornell Money Mule Pleads to Wire FraudRead 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 Helen Jackson, 50, of Hornell, NY, pleaded guilty to wire fraud before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Jackson agreed to receive money, which had been obtained by others through fraud, into her bank account and then forward the money to various individuals in Nigeria. When interviewed by a Special Agent with the Federal Bureau of Investigation regarding these transactions, the defendant claimed that she was not aware and that she was involved in a fraud. The FBI explained that she was participating in fraudulent activity, and directed her to cease accepting and forwarding any further money and Jackson agreed to stop. However, a few months later, the defendant resumed sending money to individuals in Nigeria. In total, Jackson forwarded at least $30,000 obtained by fraud from a victim.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Sentencing is scheduled for August 15, 2017, at 9:15 a.m., before Judge Siragusa.
Major Illegal Narcotics Ring Dismantled in Elmira, Four Defendants ArrestedRead 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 four defendants were arrested and charged by criminal complaint with operating an illegal narcotics trafficking ring in the Elmira, NY area. Robert Ian Thatcher, 29, Maximillian Sams, 30, Dwayne Banks, 29, all of Elmira, NY, and Carlito Rios, Jr., 30, of Beaver Dams, NY, are each charged with conspiracy to possess with intent to distribute, and to distribute, quantities of furanyl fentanyl and U-47700, Schedule I controlled substances. The charges carry a maximum penalty of 20 years in prison and $1,000,000 fine. In addition to the conspiracy charge, defendants Thatcher and Sams are also charged with possession of firearms in furtherance of a drug trafficking crime, which carries a mandatory minimum consecutive term of five years in prison up to life. Further, defendant Banks is charged with possessing with intent to distribute, and distributing, furanyl fentanyl and U-47700, which also carries a maximum term of 20 years in prison.
Acting U.S. Attorney James P. Kennedy, Jr. stated, “Overdose deaths in the Western District of New York are soaring, and in many instances, toxicology reports are indicating that the killer is fentanyl. Under federal law, if it can be proven that the drugs someone distributed resulted in the death of another, then the distributor can be held criminally liable for the death of the user. Using all of the federal, state, and local resources available to us, we intend thoroughly to examine the evidence in this case to see whether we can establish such a link between the drugs these individuals distributed and any overdose deaths in the region.”
DEA Special Agent-in-Charge James Hunt stated, “The most dangerous drug facing the nation today is fentanyl. Its unregulated potency can kill, especially when it is clandestinely pressed into pill form and sold on the street for profit. This investigation successfully dismantled the largest fentanyl pill mill in New York which was responsible for supplying counties in Pennsylvania, New York and as far south as North Carolina with what they called ‘super pills’ leaving overdose victims in its wake.”
“These synthetic opioids have potentially deadly consequences for both users as well as law enforcement officials who come in to contact with them,” said ICE-HSI Special Agent-in-Charge James C. Spero. “Given the highly-toxic nature of these synthetic opioids, even a small seizure could potentially save a life. As today’s arrests clearly demonstrate, HSI and our partners are committed to protecting public safety, using our unique customs authorities to keep this dangerous substance out of our communities.”
ATF Special Agent-in-Charge Ashan Benedict stated, “This investigation illustrates the dangerous intersection between narcotics and illegal firearms, and demonstrates the importance of law enforcement partnerships in addressing the trafficking of opioids and other dangerous drugs into our communities. I'd like to extend my gratitude to the men and women of ATF, DEA, HSI, NYSP, Elmira PD, and the U.S. Attorney's Office for their outstanding work in ensuring the arrests of these individuals who will now face justice for their actions.”
New York State Police Superintendent George P. Beach II said, “We are proud to work with our federal and local law enforcement partners to take down an operation that threatens our community. Fentanyl is dangerous and deadly. This arrest not only puts an operation out of business also seized dangerous weapons, taking them off our streets. I applaud the good police work that brought this case to a close and helped to make a community safer.”
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, between November 29, 2016, and May 16, 2017, the defendants manufactured and distributed tens of thousands of tablets containing furanyl fentanyl to street-level customers in the greater Elmira, New York area. The drugs were stored at a residence in Sayre, PA. Five search warrants were executed on May 16, 2017, in connection with the operation at:
• 23 Somerset Drive, Elmira, NY;
• 457 Livingston Street, Elmira, NY;
• 2063 Chambers Road, Beaver Dams, NY;
• 327 West Clinton Street, Elmira, NY; and
• 604 South Lehigh Avenue, Sayre, PA.During the search warrants, officers seized over 200 blue pills suspected to contain the substances described above; seven firearms and ammunition; a bulletproof vest; blue food coloring; and blue powder. In addition, officers seized multiple containers with false bottoms, which are used to conceal drugs.
The complaint is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Richard Allen; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Pennsylvania State Police, under the direction of Commissioner Colonel Tyree C. Blocker; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Men Plead Guilty to Drug ChargesRead 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 two men, Connor Dempsey, 20, and Joel C. Jacob, 21, both of Buffalo, NY, pleaded guilty before U.S District Judge Elizabeth Wolford. Dempsey and Jacob each pleaded guilty to conspiracy charges, which carry a maximum penalty of 20 years in prison and a $1,000,000 fine. Dempsey pleaded to conspiring to maintain a drug involved premises, while Jacob pled to conspiring to possess with intent to distribute MDMA, also known as “Molly.”
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on August 17, 2016, defendant Jacob signed for a parcel addressed to him during a controlled delivery by the U.S. Postal Inspection Service. The delivery was made to Jacob’s residence on Campus Drive in Buffalo, a residence he shared with Dempsey. The package, which was ordered over the internet using bitcoins, was sent from Munchen, Germany and contained over 180 grams of MDMA.
During a search of the Campus Drive apartment, officers recovered quantities of: marijuana; LSD; cocaine; THC; Xanax; and ketamine. They also found a digital scale, baggies, empty capsules, other drug paraphernalia, and another mail parcel addressed to a third co-defendant.
The pleas are the result of an investigation by Immigration and Customs Enforcement, Homeland Security investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division.
Sentencing is scheduled for August 16, 2017, at 9:30 a.m. before Judge Wolford.
Henderson Man Pleads Guilty to Sex Trafficking ChargeRead 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 Carl Burdick, 58, of Henderson, NY, pleaded guilty, before U.S. District Judge Charles J. Siragusa, to transporting a minor across state lines for the purpose of engaging in sexual conduct. The charge carries a minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that Burdick, a long haul truck driver, utilized text messaging and social media to develop a sexual relationship with a 15-year-old female living in the Western District of New York. The defendant engaged in grooming activity over a period of several months in 2015, during which he solicited nude photographs from the victim. In the summer of 2015, Burdick took the victim from her home in Wayne County to the State of Montana in his tractor-trailer, during which time the defendant engaged in criminal sexual activity with the victim.
The plea is the result of an investigation by the Wayne County Sherriff’s Department, under the direction of Barry Virts; the Monroe County Sherriff’s Department, under the direction of Sheriff Patrick O’Flynn; the New York State Police, under the direction of Major Richard Allen; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen. Additional assistance was also provided by the Bivona Child Advocacy Center.
Sentencing is scheduled for August 16, 2017, before Judge Siragusa.
Geneva Man Arrested on Cocaine Charge at the BorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joel Torres Diaz, 29, of Geneva, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine. The charge carries a mandatory minimum term of 5 years imprisonment and a maximum penalty of 40 years in prison and a $5,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the complaint, on May 12, 2017, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. Diaz was referred for secondary inspection, and during that inspection, officers searched the 2001 silver Honda Civic that the defendant was driving and found three gray packages inside a shoebox. The packages contained approximately one kilogram of a white powdery substance, which field-tested positive for cocaine.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on May 22, 2017, at 10:30 a.m.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former Dunkirk Mayor Sentenced for Using Campaign Contributions for His Own Personal BenefitRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today former City of Dunkirk Mayor Richard L. Frey, 85, of Dunkirk, NY, who was convicted of wire fraud involving a scheme to defraud his mayoral campaign and his supporters by stealing campaign contributions for his personal benefit, was sentenced to six months home confinement by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $54,361.30.
Assistant U.S. Attorney John D. Fabian and Department of Justice Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section, who handled the case, stated that the defendant was the City of Dunkirk mayor from January 2002 until January 2012. During that time, Frey had substantial personal debt.
From January 2003, to June 2012, the defendant devised and executed a scheme to defraud the co-owners of a hospitality company that owned a hotel in Dunkirk and the owner of a food production company in Dunkirk by inducing them to make contributions to his mayoral and other political campaigns. After receiving checks from these individuals, Frey, rather than depositing the funds into a campaign or official account, simply spent them for his own personal benefit. The contributions totaled $54,361.30. In addition, Frey failed to report or disclose the contributions on his campaign disclosure reports, which is required of local candidates for public office.
The 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 U.S. Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Brad Geary.
Dunkirk Couple Arrested on Cocain ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today Minerva Maestre, 49, and Hector Mercado-Torres, 23, both of Dunkirk, were arrested and charged by complaint with conspiracy to possess with intent to distribute and distribution of cocaine and crack cocaine; and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on April 28, 2017, the Southern Tier Regional Drug Task Force and the Drug Enforcement Administration executed a search warrant at 51 E. Second Street in Dunkirk, NY, which is the residence of the defendants. During the search, officers seized 18 packages of suspected crack cocaine and cocaine, plastic baggies, and $171,962 in cash. The complaint further alleges that defendants distributed crack cocaine from the residence.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and are being held pending a detention hearing.
The complaint is the result of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Joseph Geraci; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Dunkirk Police Department, under the direction of Chief David Ortolano.
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 Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Hector Huertas, 49, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution of heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between September 2014 and September 28, 2015, the defendant conspired with Daniel Molina-Rios, Orlando Rios, Jose Andujar, Luis Montanes, and others to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
The 10 defendants charged in this case were street-level distributors or “runners” in a heroin trafficking ring operated by Daniel Molina-Rios who was arrested in June 2015. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.
A total of 14 defendants have been indicted in this case, and two thus far have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the 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.
Sentencing is scheduled for August 30, 2017, at 12:30 p.m. before Judge Arcara.
Two Individuals, Company Plead Guilty to Violations of Clean Air Act Involving AsbestosRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that two individuals and one company pleaded guilty before U.S. District Judge Richard J. Arcara to violations of the Clean Air Act. Sean P. Doctor, 50, of Buffalo, NY pleaded guilty to making a false statement under the Clean Air Act. The charge carries a maximum penalty of two years in prison and a fine of $250,000. Raj Chopra, 53, of Grand Island, NY, pleaded guilty to accessory after the fact to a false statement under the Clean Air Act, which carries a maximum penalty of one year in prison and a fine of $125,000. Chopra’s company, Comprehensive Employee Management, (CEM), located on Grand Island, pleaded guilty to making a false statement under the Clean Air Act. That charge carries a maximum penalty of five years’ probation and a $500,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that CEM, an environmental consulting company located at 1815 Love Road on Grand Island, provided consulting services to defendant Doctor and his asbestos abatement company, S.D. Specialty Services, LLC. Pursuant to federal regulations, all owners or operators of an asbestos abatement project regulated under the Clean Air Act, must maintain a waste shipment manifest to include the name of the owner/operator; the name of the generator; and the date the asbestos was transported. The information enables the Environmental Protection Agency’s, which enforces the Clean Air Act and associated regulations, to properly and timely investigate suspected violations of the Clean Air Act.
From December 2009, to January 2010, employees of S.D. Specialty performed asbestos abatement work at the Roosevelt Park Shelter in Buffalo, which was subject to regulations of the Clean Air Act. During the project, S.D. Specialty employees removed asbestos from the Roosevelt Park Shelter and transported the material to a waste container at CEM on Grand Island.
On March 11, 2010, defendants Doctor and CEM executed an asbestos waste manifest which falsely indicated that asbestos had been transported to CEM from the Roosevelt Park Shelter on that date. In truth and in fact, such asbestos had been transported to, and stored at, the Grand Island location prior to March 11, 2010. As such false statement was included in the shipping manifest created when a local waste disposal company retrieved the waste container at CEM on March 11, 2010, such false statement became part of a record required to be maintained under the Clean Air Act.
In addition, on April 28, 2011, an inspection of the Roosevelt Park Shelter revealed asbestos was improperly left behind by employees of S.D. Specialty.
The plea is the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge, Vernesa Jones-Allen; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.
Sentencing is scheduled for August 28, 2017, at 12:30 p.m. before Judge Arcara.