Western District of New York
Press releases recorded for this federal judicial district.
Niagara Falls Man Sentenced on Drug 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 Philip Vincent, 38, of Niagara Falls, NY, who was convicted of possession with intent to distribute crack cocaine, and possession of a weapon in furtherance of drug trafficking, was sentenced to 60 months by Chief U.S. District Judge Frank P. Geraci. Jr.
Assistant U.S. Attorneys Brendan T. Cullinane and George C. Burgasser, who handled the case, stated that on December 2, 2014, the U.S. Marshals Violent Felony Fugitive Task Force encountered the defendant at his residence in Niagara Falls while looking for a fugitive. Officers searched Vincent’s 20th Street residence and discovered a .38 caliber revolver along with marijuana plants and crack cocaine.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto.
West Seneca Man Sentenced for Tax EvasionRead 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 Scott Leuthe, 45, of West Seneca, NY, who was convicted of tax evasion, was sentenced by U.S. District Judge Richard J. Arcara to time served with two years supervised release to include 4 months of home detention. Leuthe has already paid full restitution to the IRS in the amount of $268,000 with penalties and interest.
Assistant U.S. Attorney MaryEllen Kresse who handled the case, stated that from 2008 through 2011, Leuthe was working as a nurse practitioner for two diagnostic imaging businesses in the Western District of New York. Although Leuthe was paid as an independent contractor by both businesses, he failed to report any of the income he received from one of the companies while claiming all the expenses he incurred in the performance of his duties there. Leuthe’s unreported income during this four-year period was in excess of $400,000, resulting in Leuthe's failure to pay approximately $134,000 in income taxes.
The sentencing is the result of an investigation by Special Agents of the Internal Revenue Service, under the direction Special Agent-in-Charge James D. Robnett.
Two Sentenced for Distributing HeroinRead 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 Angel Ruiz, 39, and Barbara Moses, 36, both of Buffalo, NY, were sentenced today, by Chief U.S. District Judge Frank P. Geraci, Jr., based upon their prior pleas of guilty to conspiring to distribute heroin. Specifically, Ruiz was sentenced to 72 months imprisonment, and Moses was sentenced to 9 months imprisonment for her role in assisting Ruiz.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that Ruiz’s conviction was based upon multiple sales of heroin and fentanyl that he made in Buffalo which were discovered during the course of a Drug Enforcement Administration investigation. Moses admitted to helping Ruiz sell heroin on two occasions.
The sentencing was the result of an investigation by the Drug Enforcement Administration, under the direction of Resident Agent in Charge John Flickenger, Buffalo Field Office.
Salamanca Man Arraigned on Fraud and Money Laundering 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 Sergiy Bezrukov, 33, of Salamanca, NY, pleaded not guilty to a 48-count indictment charging him with conspiracy to defraud, mail fraud, wire fraud, bank fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Trini Ross, who is handling the case, stated that according to the indictment, the defendant operate fraudulent debt restructuring businesses out of two offices that he opened in the Western New York area.
Bezrukov sent solicitation letters under various false and fictitious names, offering to assist small businesses with restructuring high interest loans. After the small businesses agreed to work with the defendant and his company, Bezrukov withdrew sums of money from the accounts of the small businesses and used those funds for purposes not associated with assisting the small businesses. When the small business owners attempted to contact the defendant or others at the fraudulent company, they would get no response. Bezrukov used the fraudulent debt restricting business to defraud approximately 200 victims out of $1,200,000 dollars.
Bezrukov pleaded not guilty and is being detained.
The indictment is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski, Boston Division, Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett, New York Field Office.
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.
Nurse Practioner 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 Brandon Coburn, 34, of West Seneca, NY, pled guilty to conspiracy to possess with intent to distribute and to distribute fentanyl, 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 Michael J. Adler, who is handling the case, stated that between July 2013 and May 2015, Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided fraudulent fentanyl, oxycodone, oxymorphone, and amphetamine prescriptions to ten co-defendants. Those prescriptions were not used for legitimate medical purposes and instead were filled by the co-defendants and sold on the street in the Buffalo area. Coburn issued a total of 253 prescriptions without any legitimate medical purpose.
To date, five 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.
Today’s 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.
Coburn is scheduled to be sentenced on August 23, 2017, at 12:30 p.m. before Judge Arcara.
Local Man Pleads to Mail Fraud in Connection with Used Textbook ScamRead 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 Jeffrey Tomasik, 33, of Hamburg, N.Y., pleaded guilty to mail fraud before U.S. District Judge Frank P. Geraci Jr. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant ran a used textbook scheme whereby he would rent textbooks from Amazon and other companies and then sell the textbooks on eBay. Using aliases and at least 20 online accounts with different email addresses to perpetrate the fraud, the defendant did not return the textbooks when the rental contracts had expired. Instead, he sold them online while ignoring the collection notices.
The defendant also entered into a sizeable contract to sell used textbooks to victims in California. After receiving an approximately $50,000 down payment on the contract via PayPal, the defendant allegedly sent a single textbook and removed his bank information from his PayPal account so that the victims could not recoup their money.
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.
Sentencing is scheduled for September 14, 2017, at 10:00 a.m. before Judge Geraci.
Buffalo Man Sentenced for Possessing FirearmRead 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 the sentencing today of Justin Vazquez, 30, of Buffalo, NY, who was convicted by a jury of being a felon-in-possession of a firearm, was sentenced to 72 months incarceration by Chief U.S. District Judge Frank P. Geraci, Jr. In reaching his sentence, Judge Geraci commented that the defendant had demonstrated a total disrespect for any authority.
Assistant U.S. Attorneys Michael J. Adler and Michael P. Felicetta, who handled the trial of the case, stated that on January 29, 2015, the defendant’s mother made a 911 call to Buffalo Police claiming that she was being held hostage by Vazquez in her residence on Madison Avenue in Buffalo. There were also two minors present in the home according to the mother.
When officers arrived, the defendant was in the shower. During a search of the residence, officers found a loaded semi-automatic assault rifle in Vazquez’s bedroom. On the bedroom door was a hand written sign that read “no trespassing or you will be shot.” Forensic testing determined that the defendant’s DNA was on the rifle.
By virtue of three prior felony criminal contempt convictions sustained by defendant in State court, he was prevented from legally possessing a firearm.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Williamsville Doctor Sentenced on Prescription 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 Dr. Yusuf Siddiqui, 72, of Williamsville, NY, who was convicted of obtaining controlled substances by fraud, was sentenced to one year probation by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on October 13, 2016, the defendant, a physician licensed to practice medicine in the State of New York, wrote prescriptions for hydrocodone, a Schedule II controlled substance, and clonazepam, a Schedule IV controlled substance, to a patient that he had not examined. Siddiqui wrote the prescriptions with the expectation that he would receive a portion of the prescribed medication for his personal use. The defendant wrote the prescriptions at the request of the patient’s daughter whom Siddiqui knew was addicted to pain medication. The patient’s daughter was also a former employee of the defendant.
On October 13, 2016, Siddiqui picked the patient’s daughter up from her residence and gave her seven hydrocodone and seven clonazepam pills. Later that same day, the defendant drove the patient’s daughter to a pharmacy where she had the prescriptions filled. When the patient’s daughter returned to the car, Siddiqui asked her to return the hydrocodone pills that he had given her earlier in the day. The patient’s daughter asked the defendant if he wanted more pills and he responded, “Yes” and took 30 hydrocodone pills.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Ontario, NY, Woman Re-Arrested on New Bank Fraud 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 Cortney Vogt, 37, of Ontario, NY, was arrested and charged by criminal complaint with bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Vogt, who pleaded guilty to bank fraud on April 27, 2017, was re-arrested today on new charges of bank fraud for defrauding her most recent employer, ID SignSystems. According to the complaint, Vogt forged checks and caused inflated payroll deposits to be made to her account. The defendant attempted to conceal the fraud by altering accounting records to show that these payments were to a frequent vendor of ID SignSystems. Vogt’s current scheme was discovered by her employer shortly after her April 27, 2017, plea to defrauding a prior employer. The full extent of her fraud has not yet been determined.
The defendant made an initial appearance today before U.S. Magistrate Marian W. Payson. She also appeared before U.S. District Court Judge Charles J. Siragusa, who revoked her terms of release and ordered her detained pending further proceedings. Vogt’s next appearance is scheduled for June 19, 2017, at 9:00 a.m., before Magistrate Judge Payson.
The criminal complaint 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.
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.
Elmira Man Sentenced to 12 Years in Prison for Crack Cocaine TraffickingRead 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 Jerold “Rocco” Walker, 40, of Elmira, NY, who was convicted of conspiracy to distribute crack cocaine, was sentenced to 12 years in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Walker was arrested after an investigation conducted by the Elmira Police Department and the Bureau of Alcohol, Tobacco and Firearms revealed that the defendant was involved in an ongoing drug trafficking ring. Members of the drug ring sold significant amounts of crack cocaine from various locations in Elmira. Walker utilized several residences, including locations on Columbia Street, Walnut Street and West Gray Street in connection with the drug offenses.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Ashan Benedict, New York Field Division, and the Elmira Police Department, under the direction of Police Chief Joseph Kane.
Cheektowaga Man Pleads Guilty to 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 Jason Yelder, 35, of Cheektowaga, NY, pleaded guilty to conspiracy to possess with intent to distribute five grams or more of methamphetamine before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on March 20, 2016, Yelder was arrested for driving with a suspended license. The defendant’s vehicle was searched by Hamburg Police and more than 23 grams of methamphetamine, a digital scale, and large amounts of U.S. currency were seized. Yelder was advised of his rights, waived his rights, and admitted to police that he was going to sell the methamphetamine to another co-conspirator.
The plea is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett; the Amherst Police Department, under the direction of Chief John Askey; 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 14, 2017, at 10:00 a.m. before Judge Vilardo.
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 Elias Figueroa, 47, of Buffalo, NY, who was convicted of possession with intent to distribute more than 100 grams of heroin, was sentenced to 78 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash. Figueroa was arrested along with co-defendants Julio Sanchez and Tomas Figueroa. Two other defendants, Steven Martinez and Jeffrey Coleman, were also arrested that day. All five defendants have been convicted; Elias Figueroa is the third to be sentenced.
Charges against two other individuals, who were also arrested that day and are alleged to have been part of a heroin distribution conspiracy that was bringing heroin to Buffalo from New York City, remain pending.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Father and Son Plead Guilty in Conspiracy to Pay Bribes and GratuitiesRead 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 Mazzariello, Jr., 62, and his son, Adam Mazzariello, 37, both of Alden, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to pay bribes to City of Buffalo police officers. James Mazzariello, Jr. also pleaded guilty plea to making and subscribing a false tax return. The defendants face a maximum penalty of five years in prison, a fine of $250,000, or both.
“In all public corruption cases, our goal is to identify those public officials who violate the trust of the people,” said Acting U.S. Attorney Kennedy. “As prosecutors, however, we are constrained by the evidence that we are able to gather. Here, that evidence culminated in today’s pleas. We will continue, along with the FBI, Buffalo Police and NYS, our efforts to identify and bring to justice any police officer who may have accepted illegal bribes. Since sunlight is the best disinfectant, we expect that this case will clean up the way towing services are provided in the City of Buffalo.”
"The facts of this case are the reason the FBI's public corruption program exists," said Adam S. Cohen, Special Agent-in-Charge of the FBI's Buffalo Division. "There were accusations that tow truck operators were offering bribes to public officials, in this instance police officers. Not only did the Mazzariello’s engage in this corrupt activity in their regular course of business, but they then went on to profit significantly as a result of those bribes."
Assistant U.S. Attorneys Russell T. Ippolito, Jr., and Maura K. O’Donnell, who are handling the prosecution, stated that James Mazzariello, Jr. owned and operated Jim Mazz Auto, Inc. (“Jim Mazz Auto”) and National Towing, Inc. (“National Towing”). The companies were involved in all aspects of the automobile towing and repair business, including collision repair work, mechanical repair work, towing and storage work, and the sale of used automobiles. Adam Mazzariello supervised the towing services aspect of his father’s businesses.
Between January 2009 and May 2012, Jim Mazz Auto tow truck operators, at the direction of the defendants, made bribe payments to certain City of Buffalo police officers for their assistance in enabling the drivers to tow motor vehicles damaged in accidents in the City of Buffalo. The tow truck operators made these bribe payments from their own personal funds and were then reimbursed by the defendants. James Mazzariello, Jr. and Adam Mazzariello also directed and authorized others to make reimbursement payments to tow truck operators for bribe payments.
The investigation examined and substantiated 19 different bribe payments made by Jim Mazz Auto tow truck operators to City of Buffalo Police Officers. Approximately $500 in payments were made to City of Buffalo police officers while the gross revenue Jim Mazz Auto derived from making such bribe payments totaled $43,022.74. The gross revenue consisted of payments made to Jim Mazz Auto for towing, as well as for mechanical and collision repair work.
In addition, James Mazzariello, Jr. filed false corporate tax returns and individual tax returns for tax years 2009 and 2010. He also significantly underreported the total amount of gross revenue for his business in order to pay less in federal taxes. The total tax loss was $125,311.
The pleas are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Internal Revenue Service Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; the New York State Department of Motor Vehicles’ Division of Field Investigation, under the direction of Owen McShane, Director of Investigations; the New York State Department of Taxation and Finance Criminal Investigations Division, under the direction of Upstate Chief of Investigations Pat Simet; the New York State Department of Financial Services Criminal Investigations Unit, under the direction of Director Frank Orlando; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The defendants are scheduled to be sentenced on August 24, 2017 at 12:30 p.m. in front of Judge Arcara.
Third Former Local Student Sentenced for Role in Drug and Money Laundering ConspiraciesRead 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 Kevin Szura, 21, of Queens, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, controlled substances and money laundering conspiracy, was sentenced to 34 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Szura conspired with co-defendant Zhe Wang to sell mollies and Xanax. The defendant also conspired with Wang to use the proceeds of their Xanax sales to buy and attempt to buy approximately $74,000 in bitcoins, and then use the bitcoins to buy more drugs for distribution. In March 2016, law enforcement agents intercepted two packages mailed from Canada and addressed to another co-defendant, Adam Brzozowski, in Amherst that each contained nearly 3,000 Xanax bars. While Szura was awaiting sentencing, officers discovered that he was continuing to conspire with others to sell these drugs. All three defendants, who were UB students during the pendency of the conspiracies, have now been convicted and sentenced.
The sentencing is 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.
Jury Finds Niagara Falls Man Guilty 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, following a five day trial, a federal jury has convicted Wilbert Hayes, Jr., 53, of Niagara Falls, NY, of being a felon in possession of a firearm.
Assistant U.S. Attorneys Patricia Astorga and Joseph M. Tripi, who handled the prosecution of the case, stated that on August 15, 2014, Niagara Falls Police officers executed a search warrant at 1318 Walnut Avenue in the upper apartment. During the search, officers recovered a shotgun belonging to Hayes who was in the apartment at the time of the search. The gun was discovered in a child’s bedroom. A quantity of marijuana and packaging materials was also found during the search in a fish tank in the dining room.
The defendant has three prior state felony convictions, which prohibit him from legally possessing a firearm.
The verdict is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for August 18, 2017, at 1:00 p.m. before U.S. District Judge Richard J. Arcara who presided over the trial.
Former Erie County Democratic Party Chair Charged with Soliciting Illegal Campaign ContributionRead 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 G. Steven Pigeon, 56, of Buffalo, NY, was charged by complaint with unlawfully soliciting a campaign contribution from a foreign national and conspiracy to commit such an offense. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is working on the case, together with attorneys from the United States Department of Justice’s Public Integrity Section, stated that between 2010 and 2015, Pigeon was working, among other things, as a political consultant and lobbyist and ran various companies that were engaged in such consulting and lobbying activities. One of Pigeon’s clients was an online gaming company based in Montreal, Canada that was founded and operated by a Canadian national. Between 2010 and 2015, that Canadian company paid approximately $388,000 to Pigeon and his companies, for among other things, lobbying efforts aimed at the legalization of internet gambling.
According to the complaint, between January 31, 2014, and February 25, 2014, the defendant orchestrated a $25,000 donation from the founder and CEO of the Canadian online gambling company to the reelection campaign of a public official. After the donation was twice rejected, the campaign contribution was ultimately funneled through an individual from Florida.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and was released on bond.
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 New York State Attorney General’s office, under the direction of Eric T. Schneiderman.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Early, 32, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that on September 27, 2013, the Drug Enforcement Agency and Buffalo Police Department executed search warrant at 66 Connelly Avenue in Buffalo. During the search, officers found crack cocaine and $6,495 in cash.
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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for August 23, 2017, at 2:00 p.m. before Judge Skretny.
Schuele Boys Gang 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 Demario Robbins, 26, of Buffalo, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from another gang member which he then repackaged into smaller amounts for re-sale in the Buffalo area.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
Robbins is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 19 of the 28 charged 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.
Salamanca Man Indicted on Fraud and Money Laundering 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 48-count indictment charging Sergiy Bezrukov, 33, of Salamanca, NY, with conspiracy to defraud, mail fraud, wire fraud, bank fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Trini Ross, who is handling the case, stated that according to the indictment, the defendant operate fraudulent debt restructuring businesses out of two offices that he opened in the Western New York area.
Bezrukov sent solicitation letters under various false and fictitious names, offering to assist small businesses with restructuring high interest loans. After the small businesses agreed to work with the defendant and his company, Bezrukov withdrew sums of money from the accounts of the small businesses and used those funds for purposes not associated with assisting the small businesses. When the small business owners attempted to contact the defendant or others at the fraudulent company, they would get no response. Bezrukov used the fraudulent debt restricting business to defraud approximately 200 victims out of $1,200,000 dollars.
The defendant is being held pending arraignment on May 9, 2017, at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.
The indictment 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 Special Agents of 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.
Jamaican Man Sentenced for Conspiracy to Commit FraudRead 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 Corey Buddle, 25, of Brooklyn, NY, who was convicted of conspiracy to commit mail and wire fraud, was sentenced to 60 months by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that the defendant, along with co-conspirators from Jamaica, defrauded elderly individuals residing in the United States by leading the victims to believe they won cash prizes of more than $1,000,000 and, in at least one case, a Mercedes Benz automobile. The victims were told they must pay “taxes” and other administrative expenses in order to collect their “prizes.”
One victim, an elderly man from the Rochester, NY area, was told numerous times in phone calls to send packages of cash to the defendant’s address in Brooklyn, NY. As a result, between May 20 and July 18, 2011, he sent a total of $130,000 in 16 packages via UPS and the U.S. Mail to Buddle.Another victim, an elderly resident of Missouri, was directed to deposit money into Buddle’s accounts at Bank of America. As a result, she made 26 deposits adding up to approximately $140,000 into Buddle’s accounts from July 11, 2012, through April 4, 2013. After April 4, 2013, the victim from Missouri was directed to send cash to the defendant’s residence, which she did by sending more than $50,000 in 10 different packages sent via UPS and Federal Express. Some of the money deposited into Buddle’s Bank of America accounts was withdrawn in Jamaica.
A third elderly victim, who lives in Florida, lost $37,000 by wiring the money into Buddle’s bank accounts in nine separate transfers between August 2, 2012, and April 4, 2013. This victim received a letter in April 2012 purporting to be from the FBI and the Department of Homeland Security, telling him he was $25,000 in arrears on his taxes. None of the victims received anything as a result of their “winnings.”Buddle victimized a total of eleven (11) individuals out of approximately $428,000.
Co-defendant and Corey Buddle’s father, Horace, was also convicted and sentenced to one-year home incarceration for his role in the fraud scheme.
Today’s sentencing is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division; and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.
Buffalo Man Sentenced on 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 Julio Sanchez, 30, of Buffalo, NY, who was convicted of possession with intent to distribute more than 100 grams of heroin, was sentenced to 78 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash. Sanchez and co-defendants Tomas Figueroa and Elias Figueroa were arrested at the scene. Two other defendants, Steven Martinez and Jeffrey Coleman, were also arrested that day. All five defendants have been convicted; Sanchez is the first to be sentenced.
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.
Aggravated Felon Sentenced for Illegal Re-EntryRead 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 Jose Manuel Salazar Estrada, 38, of Nogales, Mexico, who was convicted of illegally reentering the United States after a conviction for an aggravated felony, was sentenced to one year in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on December 7, 2016, the defendant was encountered at the Peace Bridge Port of Entry after getting lost and turning around on the bridge before reaching Canada. When initially questioned, the defendant claimed to be a citizen of the United States, born in Arizona and gave officials an Arizona voter card as additional proof of identification. Standard record checks revealed that Estrada is a citizen of Mexico and had been deported from the United States on five prior occasions. The most recent deportation occurred in 2015 after the defendant was convicted in Arizona of conspiracy to transport illegal aliens for profit, an aggravated felony, and banned from entering the United States for life.
Estrada was also sentenced to six months in prison for violating the conditions of his supervised release for reentering the United States.
The sentencing is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Seventh Loiza Boys Gang 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 Oscar Romero, 37, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of cocaine, was sentenced to 151 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendant was an associate of a gang known as the Loiza Boys, which has been distributing heroin and cocaine on Buffalo’s West Side since at least 2006.
The defendant was charged in 2013 along with nine co-conspirators following a long-term investigation that involved the interception of telephone calls of various defendants and the use of undercover drug purchases from some of those charged. During the investigation, law enforcement officers seized over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.
Nine of the 10 defendants have been convicted. Charges are pending against Josbel Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Canadian Man Pleads Guilty to 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 Lawrence Hong, 21, of Canada, pleaded guilty to possession of a firearm by an unlawful user of a controlled substance, before U.S. District Judge Richard J. Arcara. The charge carries a penalty of up to 10 years in prison and a fine of up to $250,000.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that on January 21, 2017, the defendant presented himself for inspection as a non-immigrant visitor to the United States from Canada at the Peace Bridge Port of Entry. Hong was traveling alone in a 2016 Volkswagen that had an Ontario registration. The defendant told the Customs and Border Protection (CBP) officer performing the primary inspection that he was going to Buffalo to shop for a few hours at the mall and that he had nothing to declare. Despite his professed planned shopping trip, defendant had no explanation for the presence of his pet dog in the vehicle with him nor could the defendant provide details of what he intended to do with the dog while he was shopping.
Hong was referred for a secondary inspection during which a CBP officer ran a narcotics detection K-9 dog on the defendant’s vehicle. The officer opened the driver's side door of the vehicle and discovered a 9 mm handgun. During a full inspection the vehicle, $1,122.00 in cash. a piece of paper containing Xanax pills, hypodermic needles, and elastic bands were discovered.
Also during the secondary inspection, Hong told an officer that he was going to Ohio to purchase another firearm. The defendant also told the officer that the firearm discovered in his vehicle was previously purchased in the United States and illegally smuggled into Canada. Hong further admitted that he was a heroin addict who was undergoing methadone treatment.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for August 11, 2017, at 12:30 p.m. before Judge Arcara.
Buffalo Man Pleads Guilty to Selling Heroin Which Resulted in A DeathRead 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 Damian Hicks-Bailey, 22, of Buffalo, NY, pleaded guilty to possession 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 Michael P. Felicetta, who is handling the case, stated that on July 1, 2015, the West Seneca, NY, Police Department responded to a 911 call from a woman screaming that her son was dead. Police officers responded and found an individual dead inside an apartment at 4175 Seneca Street. Officers recovered an uncapped hypodermic needle (next to the victim), a spoon with a dried white cotton ball/filter (next to the victim), and an empty plastic bag. The spoon and cotton ball later tested positive for heroin and the empty plastic bag contained the defendant’s DNA. The victim’s mother, who lived with her son, told officers she last spoke with her son the night before at approximately 9:30 p.m.
Officers subsequently reviewed a string of text messages on the victim’s cell phone during which he discussed purchasing drugs from an individual. The text messages led police to a 7-11 store on Seneca Street where surveillance images captured the defendant exchanging the drugs with the victim at around 1:30 a.m. on the day of his death.
The plea is the result of investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the West Seneca Police Department, under the direction of Chief Daniel Denz.
Sentencing is scheduled for August 12, 2017, at 12:30 p.m. before Judge Arcara.
Tonawanda Man Sentenced to 20 Years on Child Pornography 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 David Barraclough, 32, of Tonawanda, NY, who was convicted of possession of child pornography, was sentenced to 240 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handling the case, stated that on November 12, 2014, the defendant was charged with endangering the welfare of a child in violation of New York State law. While in custody related on that arrest, two individuals began cleaning out Barraclough’s apartment so that it could be rented to another tenant. The two individuals discovered a thumb drive above a door jamb in the defendant’s bedroom and contacted the Tonawanda Police Department. Officers took possession of the thumb drive along with an Android tablet belonging to Barraclough. A forensic analysis uncovered 238 images and five videos containing child pornography.
The Android tablet also contained multiple sexual conversations that occurred via “Kik” and “ooVoo” applications between the defendant, using the screen name “lordxavior,” and a young girl (the Minor Victim). The Minor Victim was 14-years old at the time Barraclough communicated with her. During the conversations, the defendant described performing oral sex and having intercourse with the Minor Victim and sent the Minor Victim a sexual photograph. The Minor Victim also sent pictures and videos of herself to the defendant.
On March 4, 2010, the defendant was convicted in NYS Supreme Court of possessing a sexual performance by a child and endangering the welfare of a child and sentenced to time served and 10 years probation.On December 1, 2010, the defendant was convicted in NYS Supreme Court for failing to register as a sex offender and sexual misconduct. Barraclough was sentenced to 12 months in jail.
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; the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; and the City of Tonawanda Police Department, under the direction of Chief William Strassburg.
Jamestown Brothers 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 a three count indictment charging Matthew S. Jones, 30, and Beau K.C. Jones, 32, both of Jamestown, NY, with narcotics conspiracy, possession with intent to distribute more than 50 grams of methamphetamine, and maintaining a drug-involved premises. The charges carry a minimum penalty of 10 years in prison and a fine of $10,000,000.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that according to the indictment, the defendants, who are brothers, were arrested on December 1, 2016, after a shipment of more than 360 grams of methamphetamine was delivered, via the U.S. mail, to Beau K.C. Jones’ residence at 70 Colfax in Jamestown. Shortly after the delivery, Beau K.C. Jones was arrested during a car stop by police and the parcel containing the methamphetamine was discovered in the backseat of his vehicle. Matthew S. Jones was arrested later that day during a separate car stop. A safe was found in the trunk of his car containing an additional quantity of approximately 80 grams of methamphetamine.
The defendants were arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and are being held without bail.
The indictment 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 Jamestown Police Department, under the direction of Chief Harry Snellings.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
National Prescription Drug Take Back Day TomorrowRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, NY – The Drug Enforcement Administration holds its 13th National Prescription Drug Take Back Day tomorrow, Saturday April 29, 2017 between 10 a.m. and 2 p.m. The public can dispose of their unused, unwanted prescription medications at one of more than 5,000 collection sites nationwide, operated by 3,800 local law enforcement agencies and other community partners. The service is free of charge, no questions asked.
America is experiencing an epidemic of addiction, overdose, and death due to abuse of prescription drugs, particularly opioid painkillers. 6.4 million Americans age 12 and over—2.4 percent of the population—abuse prescription drugs, according to the 2015 National Survey on Drug Use and Health released last fall, more than abuse cocaine, heroin, hallucinogens, and methamphetamine combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The majority of prescription drug abusers report that they obtain their drugs from friends and family, including from the home medicine cabinet.
Last October, Americans turned in 366 tons (over 730,000 pounds) of prescription drugs at sites operated by the DEA and more than 4,000 of its state and local law enforcement partners. Overall, in its 12 previous Take Back events, the DEA and its partners have taken in over 7.1 million pounds—more than 3,500 tons—of pills.
Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. For a list of local drop off sites, go to DEA.gov.Court of Appeals Affirms Convictions, Life Sentence, and $1 Miillion Forfeiture Judgment in 2009 Rochester Drug Trafficking CaseRead 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 the United States Court of Appeals for the Second Circuit has affirmed the convictions and sentences of Kevin Lamont Anderson, a/k/a Cuda, and Willie Grimes, a/k/a Chill.
On October 26, 2009, following a six-week trial before U.S. District Judge Charles J. Siragusa, a federal jury convicted defendant Anderson of conspiracy to distribute, and possession with intent to distribute crack cocaine, maintaining a drug involved premises, and money laundering conspiracy.
From 1990 to December 2005, defendant Anderson led a conspiracy to distribute crack and powder cocaine. Evidence presented by the Government during the trial showed that during the time of the conspiracy, drugs were sold to customers from a series of houses in the northeast section of Rochester controlled by Anderson.
As part of sentencing proceedings, the Government proved that Anderson was responsible for the double homicide in May 2002 of Clifford Robinson and Allen Tyrone Smith in Rochester. Anderson shot Robinson and Smith in a house located at 279 Avenue A in Rochester in furtherance of his drug distribution activity. With the help of several of co-conspirators, Anderson placed the victims' bodies in Clifford Robinson's vehicle and left the vehicle on Cutler Street in Rochester. Police found the bodies in the parked vehicle on Cutler Street on May 15, 2002, two days after the murders.
Anderson was sentenced to life in prison. Defendant Grimes was convicted of possession with intent to distribute, and conspiracy to distribute, crack cocaine and cocaine and sentenced to 135 months in prison.
On appeal, defendants argued that their convictions should be reversed based upon juror misconduct, insufficient evidence, and false testimony. They further argued that their sentences should be vacated as unreasonable. In rejecting each of defendants’ claims, the Judges of the Second Circuit concluded: “We have considered all of the defendants’ arguments on this appeal and find in them no basis for reversal. Accordingly, we AFFIRM the judgments of the district court.” A special jury verdict, determining that Anderson’s assets were subject to forfeiture in the amount of $1,000,000, was also affirmed.
Seven other defendants were also convicted in this case.
On appeal, the government was represented by Assistant U.S. Attorney Frank T. Pimentel. The trial was handled by Assistant U.S. Attorneys Frank H. Sherman and Everardo A. Rodriguez.
Rochester Man Pleads Guilty to Cocaine TraffickingRead 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 Yusef Blocker, 35, of Rochester, NY, pleaded guilty to possession with intent to distribute crack cocaine, before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorneys Richard A. Resnick and Charles E. Moynihan, who are handling the case, said that on March 21, 2016, members of the United States Probation and Pre-Trial Services Office searched an apartment at 505 University Avenue in Rochester as part of their responsibilities while supervising Blocker. The defendant was convicted in 2005 of drug trafficking offenses in the Western District of New York. During the search, probation officers found drug paraphernalia, U.S. currency, and a quantity of crack cocaine.
The plea is the result of an investigation by the United States Probation and Pre-Trial Services Office, under the direction of Chief Probation Officer Anthony SanGiacomo; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing is scheduled for August 8, 2017, at 10:15 a.m. before Judge Siragusa.
Rochester Man Pleads Guilty in Case Involving BitcoinsRead 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 Richard Petix, 32, of Rochester, NY, pleaded guilty to making material false statements and operating an unlicensed money transmitting business, before U.S. District Judge Charles J. Siragusa. The charges carry a maximum penalty of five years in prison.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Petix lied to federal probation officers and law enforcement agents about his ownership and use of a laptop computer and a smartphone. The defendant is on a term of supervised release following a 2009 conviction for knowingly transporting child pornography in interstate commerce. As a condition of that supervision, Petix was required to notify his probation officer of any computers he used and, as triggered by impermissible or suspicious activity, consent to examinations of such computers. As of October 20, 2015, the defendant told his probation officer that he did not use any computers or the Internet.
On December 3, 2015, Petix conducted a Bitcoin transaction with an undercover federal agent at a business in Buffalo, NY. Using his laptop computer and smartphone, the defendant transferred approximately $13,000 in the form of 37 bitcoins to an address specified by the agent. When confronted by federal probation officers at the scene, however, Petix claimed that the laptop and smartphone were not his and that he could not access them.
Between August, 2014, and December 3, 2015, Petix conducted over 100 Bitcoin transactions wherein he transferred over $200,000 in bitcoins to customers both locally and across the United States. At least some of these customers then used the bitcoins to purchase controlled substances from dark net vendors. At no time during this period did Petix comply with federal money transmitting business registration requirements.
Petix was scheduled to go to trial on May 1, 2017.
The plea is 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.
Sentencing is scheduled August 14, 2017, at 9:15 a.m. before Judge Siragusa.
Rochester Man Pleads Guilty in Case Involving Bit CoinsRead 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 Richard Petix, 32, of Rochester, NY, pleaded guilty to making material false statements and operating an unlicensed money transmitting business, before U.S. District Judge Charles J. Siragusa. The charges carry a maximum penalty of five years in prison.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Petix lied to federal probation officers and law enforcement agents about his ownership and use of a laptop computer and a smartphone. The defendant is on a term of supervised release following a 2009 conviction for knowingly transporting child pornography in interstate commerce. As a condition of that supervision, Petix was required to notify his probation officer of any computers he used and, as triggered by impermissible or suspicious activity, consent to examinations of such computers. As of October 20, 2015, the defendant told his probation officer that he did not use any computers or the Internet.
On December 3, 2015, Petix conducted a Bitcoin transaction with an undercover federal agent at a business in Buffalo, NY. Using his laptop computer and smartphone, the defendant transferred approximately $13,000 in the form of 37 bitcoins to an address specified by the agent. When confronted by federal probation officers at the scene, however, Petix claimed that the laptop and smartphone were not his and that he could not access them.
Between August, 2014, and December 3, 2015, Petix conducted over 100 Bitcoin transactions wherein he transferred over $200,000 in bitcoins to customers both locally and across the United States. At least some of these customers then used the bitcoins to purchase controlled substances from dark net vendors. At no time during this period did Petix comply with federal money transmitting business registration requirements.
Petix was scheduled to go to trial on May 1, 2017.
The plea is 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.
Sentencing is scheduled August 14, 2017, at 9:15 a.m. before Judge Siragusa.
Ontario, NY Woman Pleads Guilty to Bank 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 Cortney Vogt, 37, of Ontario, NY, pleaded guilty to bank fraud before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from September, 2013 to September, 2015, Vogt used her position at SalesSource International, a Rochester business, to forge and personally negotiate 132 business checks. The checks were drawn on an account at Canandaigua National Bank. In total, the defendant defrauded SalesSource and Canandaigua National Bank out of more than $134,000.
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 8, 2017, at 9:00 a.m., before Judge Siragusa.
El Salvadoran National Sentenced for Unlawful Reentry Following Deportation for Aggravated FelonyRead 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 Juan Ramon Montoya-Martinez, 35, of El Salvador, who was convicted of unlawful reentry following deportation for an aggravated felony, was sentenced to seven months in prison by U.S. District Court Judge Charles J. Siragusa. The Court also ordered that the defendant be turned over to the Department of Homeland Security upon his release to be deported back to El Salvador.
Assistant U.S. Attorney Craig R. Gestring who handled the prosecution of the case, stated that in September 2016, the United States Border Patrol encountered the defendant, a native and citizen of El Salvador illegally present in the United States, in Spencerport, NY. Records checks showed that the defendant was previously deported from the United States in 2003, following his conviction for Aggravated Sexual Abuse related to his rape of a 13 year-old child in Maryland.
The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.
Schuele Boys Gang Member 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. Kenned, Jr. announced today that Michael Robertson, 27, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 2014, Robertson conspired with other Schuele Boys associates and gang members to distribute cocaine in the City of Buffalo. The defendant obtained cocaine from a source of supply and distributed it to others for further distribution to customers. During a search of Robertson’s Eggert Road residence, officers recovered $19,000 in cash and 300 grams of cocaine.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Robertson is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 23 of the 28 defendants have been convicted.
Today’s plea 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.
Sentencing is scheduled for August 7, 2017, at 1:00 p.m. before Judge Arcara.
Romanian Woman Pleads Guilty for Her Role in Fraud 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 Marinela Unguru-Ducila, of Romania, who was sentenced to time served by U.S. District Judge Richard J. Arcara. For her role in a bank fraud scheme operated by her husband Nicolae Sarbu.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between August and November of 2015, Unguru-Ducila had knowledge but failed to report that Sarbu was engaged in a scheme to defraud Bank of America by using skimming devices and cameras on multiple occasions at automated teller machines (ATM’s) in the Buffalo and Rochester areas as well as in Pennsylvania and New Jersey. Sarbu, who has pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft, faces a mandatory minimum term of imprisonment of 2 years and up to 20 years when he sentenced by Judge Arcara on May 17, 2017.
Unguru-Ducila was present with Nicolae Sarbu on several occasions when he installed or removed the skimmers and cameras. Bank account information and personal identification numbers (PIN’s) were recorded without the true account holder’s knowledge or authorization and then used to make unauthorized withdrawals of cash from various ATM’s. A skimmer is a device used unlawfully to record bank account information from a customer’s debit card when the card is inserted into an ATM. Sarbu also encoded the bank account information obtained by the skimmers onto magnetic strips on blank plastic cards and gift cards. Unguru-Ducila was present with Sarbu when he installed skimmers at multiple banks in North Tonawanda, NY and West Seneca, NY and failed to notify authorities about this felony crime.
The total loss suffered by Bank of America as a result of this fraudulent activity was $183,120.54.
The sentencing is the result of an investigation by immigration and Customs Enforcement, Homeland security investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.
Rochester Man Sentenced to 25 Years in Prison for Drug Trafficking and Gun PossessionRead 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 Ian D. Goolsby, 40, of Rochester, NY, who was convicted after a jury trial of possession of heroin with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm and ammunition as a previously convicted felon; possession of a firearm with removed, altered and obliterated serial number; and unlawful possession of a controlled substance, was sentenced to 25 years in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Charles E. Moynihan and Craig R. Gestring, who handled the prosecution of the case, stated that on March 11, 2015, an Elmira Police Department officer conducted a traffic stop of the vehicle Goolsby was driving. When speaking to the defendant, the officer smelled marijuana coming from the car and asked Goolsby about the odor. The defendant said that it was on his clothes and that he smoked it earlier. The officer asked Goolsby to exit the vehicle and, after some discussion, he complied. A passenger was also asked to exit the vehicle. Officers searched the car and found a small amount of plant material, which was later determined to be marijuana, between the passenger seat and passenger door, as well as on the driver’s side of the car. A brown Nike shoe box was also found on the passenger side floor, inside of which was a Ruger, Model P90, .45 caliber semi-automatic pistol. The serial number had been removed or obliterated. Officers also found a magazine loaded with six .45 caliber rounds of ammunition with the handgun.
A further search of the vehicle uncovered a black insulated bag containing white, uncooked rice. Inside of this, they found 41 small wax-coated envelopes containing a white powdery substance with a stamp saying "dead man walking." A forensic chemist from the New York State Police Southern Tier Satellite Crime Laboratory examined one of the envelopes and concluded the white substance inside was heroin.The sentencing is the result of an investigation by Elmira Police Department, under the direction of Chief Joseph Kane; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Rochester Man Sentenced for Lying on Application for TSA Secure Airport IDRead 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 Darnell Jerome, 20, of Rochester, NY, who was found guilty following a jury trial of making a false statement, was sentenced to three years probation by U.S. District Court Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Craig R. Gestring and Kyle P. Rossi, who handled the prosecution of the case, stated that the defendant applied for employment at a restaurant at the Greater Rochester International Airport. The restaurant was located in the sterile area of the airport, beyond the security screening zone. Because they have access to knives and other contraband items to which screened passengers do not, employees of the airport or contractors who work in the restaurants or stores inside the sterile area are required to obtain a special federal Security Identification Display Area (SIDA) badge and pass a federal background investigation, which includes a security threat assessment.
In March 2016, Jerome filled out a security clearance application and falsely reported that he had never been arrested. However, only a month before he falsified the SIDA clearance application form, Jerome was convicted of a felony, Robbery in the Second Degree, in Monroe County for which he was sentenced to five years probation. During that robbery, the defendant displayed what appeared to be a firearm.
Federal regulations put in place by the Department of Homeland Security since September 11, 2001, prohibit persons with certain disqualifying felony criminal convictions from obtaining a clearance to work at an airport. The defendant’s 2016 Robbery conviction, which is considered a crime of violence, was such a disqualifying offense. The security clearance application completed by the defendant clearly listed the specific disqualifying conditions on its face.
The sentencing is the culmination of an investigation by the Federal Air Marshal Service, under the direction of Supervisory Air Marshal-in-Charge William Hall.Rochester Couple Pleads Guilty in Fraud SchemeRead 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 that Kassandra Whylly, 21, and Thomas Porter, Jr., 20, both of Rochester, NY, pleaded guilty to financial institution fraud before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum sentence 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that between April 2016 and November 2016, the defendants executed an ongoing scheme to defraud the ESL Federal Credit Union by making false deposits into ATM machines and fraudulently withdrawing cash based upon the false deposits. Over the course of several months, Whylly and Porter actively recruited ESL members to participate in more than 100 separate fraudulent transactions, through which the defendants stole a combined sum of more than $35,000.
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.
Whylly is scheduled to be sentenced on August 2, 2017, before Judge Wolford. Porter will be sentenced on August 3, 2017.
Jamaican Man Sentenced on Immigration 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 David Hill, 39, of Rochester, NY, who was convicted of illegal reentry after having been previously deported due to a conviction for an aggravated felony, was sentenced to 18 months in prison by U.S. District Judge Charles Siragusa.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant, who is a citizen of Jamaica, was convicted of Robbery in state court in 2006. After serving a 42-month sentence, Hill was deported to Jamaica and prohibited from reentering due to his conviction. On August 16, 2016, the defendant was found in the Western District of New York, having unlawfully reentered the United States. Hill was found after an investigation revealed that the defendant had attempted to obtain false identification documents at the New York State Department of Vehicles using an alias.
The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; the New York State Police, under the direction of Major Richard Allen; and the New York State Department of Motor Vehicles, under the direction of Executive Deputy Commissioner Theresa Egan.
Buffalo Woman 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 Kristie Boncore, 24, 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 $250,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between April 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. Boncore is the first 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 August 7, 2017, at 12:30 p.m. before Judge Arcara.
Buffalo Man Sentenced for Stealing StampsRead 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 Irvin Bates, 64, of Buffalo, NY, who was convicted of theft of government funds, was sentenced to two years probation and ordered to pay $3760.00 in restitution by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant worked as a temporary employee at Ashton Potter printing company located in Williamsville, NY. The company is contracted by the U.S. Postal Service (USPS) to print and manufacture postage stamps and related specialty products. On July 22, 2016, during his "lunch break," Bates stole a pad of stamps from Ashton Potter, concealed the pad of stamps in his clothes, and removed it from the facility at the conclusion of his shift. In total, the stamps stolen by the defendant were valued at $3760.00.
The sentencing is the result of an investigation by the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Buffalo Man Sentenced for Being A Felon in Possession of A GunRead 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 Casidus Carr, 31, of Buffalo, NY, who was convicted of being a felon-in-possession of a gun, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that during the January 16, 2015, execution of a search warrant at Carr’s residence on Dunlop Avenue in Buffalo, law enforcement officers discovered a loaded firearm and ammunition. The defendant was prohibited from legally possessing such firearm by virtue of his conviction, in 2005, for Manslaughter in the First Degree, in New York State Court.
The sentencing is the result of an investigation on the part of law enforcement officers of the Federal Bureau of Investigation Safe Street Task Force, under the direction of Special Agent in Charge Adam S. Cohen, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Four Defendants Arrested in Livingston County Methamphetamine RingRead 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 a methamphetamine conspiracy in Livingston County, NY. Kurt Redance, 26, Kenneth Hoag, 55, both of Dansville, NY; Brandie Schumacher, 37, of Rose, NY; and Andrew Culliton, 37, of West Seneca, NY, were charged with possession with intent to distribute and distribution of methamphetamine and conspiracy to possess and distribute methamphetamine. The charges carry a minimum penalty of 10 years in prison, a maximum of life and $10,000,000 fine. In addition, defendants Redance and Hoag were charged with maintaining a drug involved premises. Redance also faces a charge of possession with intent to distribute and distribution of methamphetamine on a premises where a child was located.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, each of the defendants sold methamphetamine to a confidential source. The sales were made at The Bone Yard, a scrap yard and mechanic workshop on State Highway 36 , in Dansville, which is owned by defendant Hoag; at the Spring Road South residence of defendant Redance, also in Dansville; and at a parking lot in West Seneca. Redance’s three-year-old child was present during at least one of the controlled purchases at his residence.
The defendants made initial appearances before U.S. Magistrate Judge Marian W. Payson. Redance, Schumacher, and Culliton are being held; Hoag was released to home detention with electronic monitoring.
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; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Richard Allen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Guinean National Pleads Guilty to Possessing Fake Passport and Identity TheftRead 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 Abdoulaye Barry, 25, of Jamaica, NY, pleaded guilty to possessing a fraudulent passport card and aggravated identity theft before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of two years in prison, a maximum of 10 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that on February 26, 2017, the defendant, a citizen of Guinea, was found at the Rainbow Bridge with a fraudulent United States Passport card, bearing the name and passport card number of a real person with the defendant’s photograph. Barry also had a fraudulent Ohio driver’s license bearing the name of a real person with the defendant’s photograph, and a Florida driver’s license bearing the name and photograph of another person. The defendant was also in possession of a debit and credit card matching the name on the fraudulent Ohio driver’s license.
The plea is the result of an investigation by the United States Department of State, under the direction of William Ferrari; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
Sentencing is scheduled for August 3, 2017, at 1:00 p.m. before Judge Arcara.
Buffalo Man Sentenced for Food Stamp FraudRead 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 Ali Mohamed, 44, of Buffalo NY, who was convicted of unauthorized use of food stamp benefits, was sentenced to time served by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant worked at Bailey Food Mart located at 3209 Bailey Avenue in Buffalo. Between July 2010 and August 2011, Alawdi and others knowingly purchased food stamp benefits for less than their full value for cash from eligible beneficiaries. Retailers are prohibited from exchanging cash for food stamps. During this time, the defendant and others exchanged approximately $124,406 of food stamp benefits for cash.
The sentencing is the culmination of an investigation by the United States Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in-Charge William G. Squires Jr.; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
Buffalo Man Charged with ObstructionRead 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 two-count indictment charging Jeffrey Mills, 48, of Buffalo, NY, with obstructing justice. The charge carries a maximum of life in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, on February 14, 2016, the defendant was called as a witness for the Government in the trial of United States v. Eldridge, et al. Prior to his testimony, Mills provided federal agents with detailed information regarding two unsolved murders. The defendants in United States v. Eldridge, et al. were charged with those murders. When called by the prosecution at trial, Mills at first refused to be sworn. After being advised by the Honorable Judge Richard Arcara, Senior U.S. District Judge, that he could face contempt proceedings if he refused to testify, Mills took the stand only to testify that he could not remember any details of the murders about which he previously provided detailed information. While convicting the defendants who were on trial of certain crimes, the jury was unable to reach a verdict on those counts pertaining to the murders.
Mills was arraigned before U.S. Magistrate Judge Michael J. Roemer, and is being held pending a detention hearing on April 25, 2017.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Adam S. Cohen; and the New York State Department of Parole, under the direction of Acting Commissioner Anthony J. Annucci.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Jamaican National Pleads Guilty to Making False StatementsRead 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 LaTanya Notice, 42, of Mt. Vernon, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to the crime of making a false statement to a federal officer. The charge carries a maximum penalty of 5 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on January 23, 2013, the defendant, a Jamaican citizen with legal permanent resident status in the United States, attempted to cross into the United States from Canada at the Peace Bridge with a man in possession of a valid United States Passport. The defendant claimed that her traveling companion was her brother and they were returning to their home in New York City. Standard database checks revealed that the man was in fact Horace Tajah, an aggravated felon from Jamaica. In 2010, Tajah was convicted in the Southern District of New York of multiple offenses including drug, gun, and conspiracy to commit murder charges. Tajah was sentenced to 72 months in prison, and after serving his sentence, he was deported to Jamaica in 2012 and banned from the United States for life.
Ms. Notice admitted to agents that Tajah was not her brother, but her husband, that he did not own the United States Passport he presented to officials, and that she was aware that he was deported to Jamaica in 2012 and barred from entering the United States for life.
The plea is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for July 27, 2017, at 9:30 am before Judge Vilardo.
VA Exonerated in Medical Malpractice LawsuitRead 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, following a 17-day civil trial, Senior U.S. District Judge William M. Skretny dismissed a medical malpractice lawsuit seeking $25,000,000 in damages brought by plaintiffs Edward and Roxanne Blake against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiffs claimed that the VA failed timely to diagnosis and treat cauda equina syndrome, a sudden compression of the nerves of the lower spine, which can result in severe neurological impairments. Assistant U.S. Attorneys Michael S. Cerrone and Mary E. Fleming handled the defense of the case at trial for the VA.
The plaintiffs claimed that physicians failed to diagnose Blake with cauda equina syndrome when he visited the VA on June 29 and 30, 2006. In his post-trial ruling, Judge Skretny stated that the “plaintiffs have failed to prove” their malpractice claims and found that Blake did not have cauda equina syndrome on those dates. Judge Skretny instead determined that Blake first presented with symptoms of cauda equina syndrome at the VA on the afternoon of July 1, 2006, and he underwent surgery within 24 hours. Judge Skretny concluded that the VA physicians’ treatment of Blake was “well within the standard of care for treating” cauda equina syndrome “in a timely manner.”
At trial, the plaintiffs presented testimony from nine expert witnesses, including seven medical doctors. The Government countered with the testimony of neurosurgeon Dr. Douglas Moreland.
Jamestown Man Sentenced for Unlawfully Possessing Firearms and Ammunition as Convicted FelonRead 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 Raymond VanBuskirk, 45, of Jamestown, NY, who was convicted of unlawfully possessing firearms and ammunition as a convicted felon, was sentenced to six months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that in May 2016, the defendant moved two rifles, one shotgun, and over one thousand rounds of .223 caliber ammunition from his home to another location for safekeeping. VanBuskirk retained a third rifle at his home, which was recovered by federal agents on June 29, 2016. The defendant has a prior New York State felony conviction for sale of a controlled substance and was prohibited from legally possessing of firearms and ammunition.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Special Agent-in-Charge Ashan Benedict; the Federal Bureau of Investigation, under the direction of Special Agent-in- Charge Adam S. Cohen; and the Jamestown Police Department, under the direction of Chief Harry Snellings.