Western District of New York
Press releases recorded for this federal judicial district.
Cheektowaga Man Sentenced for Possession of 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 Robert Acker, 34, of Cheektowaga, N.Y., who was convicted of possession of child pornography, was sentenced to 36 months in prison, followed by 10 years of supervised release, by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on September 1, 2016, Special Agents from the Federal Bureau of Investigation, Violent Crimes Against Children Task Force, executed a search warrant at the defendant’s residence and seized several electronic devices and DVDs. A forensic examination revealed that Acker was in possession of more than 34,000 images and 918 videos of child pornography, some of which depict prepubescent children less than 12 years of age, and some of which depict images of violence.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Canadian Couple Pleads Guilty in Case Involving Synthetic Drugs from ChinaRead 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 Karl Morrison, 59, of Kitchener, Ontario, pleaded guilty to attempting to export pentylone and furanyl fentanyl, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. Co-defendant Sorina Morrison, 60, also of Kitchener, pleaded guilty to misprision of a felony and faces three years in prison and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on August 29, 2016, American law enforcement officers intercepted a package that was mailed from China and addressed to Karl Morrison at a location in Niagara Falls, NY. The package contained four sample-sized packets of powder, two of which were determined to contain 4-methoxy butyryl fentanyl and para-fluoro butyryl fentanyl. If intended for human consumption, these synthetic substances are analogues of the Schedule II controlled substance fentanyl.
On October 15, 2016, Morrison and his wife Sorina entered the United States from Canada at the Lewiston Bridge Port of Entry. The couple retrieved four packages, bought shipping supplies, and repackaged the contents into new envelopes that they paid to ship back to Canada, including one to their home address. Sorina Morrison falsely declared that the contents of one of the repackaged parcels contained cinnamon butter. Other than packaging materials, that parcel contained more than 500 grams of powder containing pentylone. Another of the repackaged parcels contained approximately 6 1/2 grams of powder containing furanyl fentanyl. All three repackaged parcels were intercepted by American law enforcement officials before shipment to Canada.
The couple discarded the Chinese shipping labels of the original packages in various garbage cans around Niagara County to cover their tracks. They also obtained the name and address of an unsuspecting citizen in Niagara Falls to use as the return address on the packages they shipped to Canada, to further disguise the origin of the illegal contents. The Morrison’s were arrested as they drove back across the Lewiston Bridge toward Canada.
Several days later, law enforcement officials recovered yet another Chinese parcel that had been delivered for Karl Morrison, which contained nearly 500 grams of powder containing pentylone.
Pentylone is a synthetic cathinone that is commonly used as a designer drug for its stimulant effect and is comparable to MDMA. Furanyl fentanyl is a synthetic opioid that is far more potent than heroin.
The pleas are the result of an investigation by Customs and Border protection, under the direction of Director of Field Operations Rose Brophy; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Sentencing for both defendants is scheduled for July 25, 2017, before Judge Vilardo.
Buffalo Man Sentenced to Seven Years in Prison for Role as Getaway Driver in Tonawanda Bank RobberyRead 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 Nicholas Graham, 46, of Buffalo, NY, who was convicted of aiding and abetting a bank robbery by use of a dangerous weapon, was sentenced to 84 months in prison by Chief U.S. District Judge Joseph P. Geraci, Jr.
Assistant U.S. Attorney Michael Adler, who handled the case, stated that on January 8, 2016, the defendant assisted two other individuals in a bank robbery at the Evans Bank located at 2800 Niagara Falls Boulevard in Tonawanda, New York. Graham drove the individuals to the bank in a 2007 Infiniti around 5:45 p.m. The defendant remained in the vehicle and acted as both the lookout and the getaway driver.
During the robbery, the two masked individuals wore nearly identical uniforms including dark tan jackets with hoods, dark colored baseball caps, dark colored masks, and tan pants. Once inside the bank, the masked robbers aimed BB guns, that appeared to be real pistols, at customers and employees and ordered them to get down so that nobody would get hurt.
Following the robbery, law enforcement officers tracked the defendant and the two individuals to the Scottish Inn Motel on Niagara Falls Boulevard. Graham was detained at the motel, while the robbers fled and remain fugitives. Officers found items at the motel including cash, clothing worn by the robbers, the BB guns, receipts for the purchase of the guns, and several identification cards.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold.
Buffalo Man Pleads Guilty to Theft of Government MoneyRead 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 Dwayne Brice, 37, of Buffalo, NY, pleaded guilty to theft of government money, before Senior U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Scott S. Allen, Jr., and Stephanie O. Lamarque, who are handling the case, stated that the Department of Veterans Affairs appointed Brice as a fiduciary for his elderly father-in-law, who received veteran’s benefits. As fiduciary, the defendant had a duty to manage those funds and pay for his father-in-law’s living expenses. Between August 2013 and September 2015, Brice stole approximately $38,904 in veteran’s benefits, gambling some of the money at local casinos.
The plea is the result of an investigation by the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Donna L. Neves.
Sentencing is scheduled for July 20, 2017, at 10:30 a.m. before Judge Geraci.
Two More Loiza Boys Gang Associates 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 Raul Ramirez Vargas, 43, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and distribute a kilogram or more of heroin, was sentenced to 130 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Angel Sanchez, 49, also of Buffalo, to 60 months in prison for his conviction of conspiracy to possess with intent to distribute and distribute 100 grams or more of heroin.
Assistant U.S. Attorney Wei Xiang, who handled the sentencings, stated that the defendants were associates 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 defendants were charged in 2013 along with eight 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 sentencings are 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.
New York Return Preparer Pleads Guilty to Filing Fraudulent Tax ReturnsRead the Press Release
A Nassau County, New York return preparer pleaded guilty today to filing fraudulent tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney James P. Kennedy Jr. for the Western District of New York.
According to documents and information presented to the court, from January 2010 through April 2015, David Menzies, 51, of Floral Park, filed fraudulent tax returns for hundreds of clients that claimed fake business income and expenses and false dependents to claim refunds his clients were not entitled to. Menzies solicited, and sometimes purchased, the personal identifying information of minors from their parents, and claimed them as dependents on other clients’ returns. Menzies charged his clients $250 for the use of the phony dependents and often used the same children’s information in multiple years. He recruited people to assist him in filing these fraudulent returns and directed them to escort his clients to check cashers, in order to cash their refund checks and collect Menzies’ fee, including the money for the false dependents.
In addition, Menzies concealed his identity as the preparer by soliciting other people to apply to the Internal Revenue Service (IRS) for preparer IDs and filing the fraudulent returns using the preparer identification numbers the IRS assigned to these individuals. Menzies admitted that he caused a tax loss of more than $250,000.
Menzies also acknowledged that he failed to timely file his 2009 through 2015 personal tax returns.
Sentencing is scheduled for July 26 before U.S. District Judge Lawrence J. Vilardo in the Western District of New York. Menzies faces a statutory maximum sentence of three years in prison, a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Kennedy thanked special agents of the IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Marie P. Grisanti and Trial Attorney Jason M. Scheff of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Floral Park, NY Man Pleads Guilty to Tax 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. and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division announced today that David Menzies, 51, of Floral Park, NY, pleaded guilty to tax fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of three years in prison, and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti and Tax Division Attorney Jason M. Scheff, who are handling the case, stated that between January 2010 through April 2015, Menzies filed fraudulent tax returns for hundreds of clients that claimed fake business income and expenses and false dependents to claim refunds to which his clients were not entitled. Menzies solicited, and sometimes purchased, the personal identifying information of minors from their parents, and claimed them as dependents on other clients’ returns. Menzies charged his clients $250 for the use of the phony dependents and often used the same children’s information in multiple years. He recruited people to assist him in filing these fraudulent returns and directed them to escort his clients to check cashers, in order to cash their refund checks and collect Menzies’ fee, including the money he charged for creating false dependents.
In addition, Menzies concealed his identity as the preparer by soliciting other people to apply to the Internal Revenue Service (IRS) for preparer IDs and filing the fraudulent returns using the preparer identification numbers the IRS assigned to these individuals. Menzies admitted that he caused a tax loss of more than $250,000.
Menzies also acknowledged that he failed timely to file his 2009 through 2015 personal tax returns.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge, New York Field Office
Sentencing is scheduled for July 26, 2017, at 11:00 a.m. before Judge Vilardo.
Canadian Man Pleads Guilty in Connection with Trafficking $120,000,000.00 Worth of CocaineRead 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 Harinder Dhaliwal, 47, of Brampton, Ontario, Canada, pleaded guilty to conspiracy to export from the United States five kilograms or more of cocaine before Senior U.S. District Judge William M. Skretny. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2006 and May 2011, Dhaliwal conspired with others to smuggle cocaine into Canada from the United States and marijuana and ecstasy into the United States from Canada via several international bridges including those in the Buffalo-Niagara region. As part of his plea agreement, Dhaliwal admitted to being part of an international conspiracy that trafficked more than 3,000 kilograms of cocaine, most of it through the Western District of New York, worth an estimated $120,000,000.00.Through the course of the investigation, United States law enforcement officers recovered a combined 230 kilograms of cocaine. Of that amount, 123 kilograms of cocaine, which represents the largest seizure arising from a single investigation in the District’s history, were obtained through two separate seizures occurring at the Lewiston-Queenston Bridge and in Geneva, NY. The remaining 107 kilograms were seized in California.
Also charged in the conspiracy were Ravinder Arora, Michael Bagri, Parminder Sidhu, Alvin Randhawa, Gursharan Singh, and Huy Hoang Nguyen. All defendants have been convicted.
The defendants utilized tractor-trailers that contained false compartments within the floor of tractor-trailers. Dhaliwal and others purchased steel tubing, kick plates and other supplies to fabricate the false compartments in several tractor-trailers. In addition to cocaine, the tractor-trailers were used to transport ecstasy and hundreds of pounds of marijuana into the United States from Canada. Drug ledgers seized during the investigation detailed approximately a dozen smuggling trips, during late 2009 to September 2010, involving approximately 1,617 kilograms of cocaine being transported from the United States, through the Western District of New York, into Canada.
The plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; Officers from the United States Customs and Border Protection, under the direction of Rose Hilmey, Director of Field Operations; the Peel Regional Police Department, under the direction of Chief Jennifer Evans; the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region; and the Toronto Police, under the direction of Chief William Blair.
Sentencing is scheduled for August 16, 2017, at 2:00 p.m. before Judge Skretny.
Prolific Possessor and Distribtor of Child Pornography SentencedRead 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 Alexander Burton Blake, 26, of Cheektowaga, NY, who was convicted of distribution and possession of child pornography, was sentenced to 40 months imprisonment with 10 years of supervised release. He was also ordered to pay restitution to his victims in the amount of $48,000 by Chief United States District Judge Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was utilizing a peer-to-peer network to distribute child pornography. Several items of computer equipment seized from the defendant’s residence revealed that the equipment contained approximately 70,000 images of child pornography and 650 videos of child pornography.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation under the direction of Adam Cohen, Special Agent-in-Charge, along with the City of Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Mount Morris Man Pleads Guilty to 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 Calvin R. Patrick, 35, of Mount Morris, NY, pleaded guilty to receipt of child pornography before Chief U.S. District Judge Frank P. Geraci, Jr. Based on a prior conviction for possession of child pornography, the defendant faces a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in the fall of 2015, Patrick enticed two minor females under the age of 18 to send to him sexually explicit pictures of themselves. The defendant used the application known as “Kik” to communicate with a 14-year-old female in Florida and a female in Pennsylvania who was not quite 12 years-old.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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; the Mount Morris Police Department, under the direction of Chief Kenneth Mignemi; the Livingston County Probation Department, under the direction of Director Lynne C. Mignemi; and the Livingston County District Attorney’s Office, under the direction of Gregory J. McCaffrey.
Sentencing is scheduled for July 12, 2017, at 2:00 p.m. before Judge Geraci.
Three Defendants Indicted on Sex Trafficking 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 Feng Yang Chen, 41, LiangLiang Guo, 31, and Cheng Qi Li, 28, all of Flushing, NY, with conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business. Chen was also charged with conspiracy to commit sex trafficking by force, fraud and coercion; and sex trafficking by force, fraud and coercion. Chen faces a mandatory minimum penalty of 15 years in prison and a maximum of life. Guo and Li face a maximum of five years in prison.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the indictment and a previously filed complaint, between March, 2011 and March, 2016, the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com, which led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Chen and Li operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients. Guo drove the victims to various hotels and collected the proceeds from the commercial sex activities. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.
The indictment states that throughout the conspiracy, the defendants victimized 12 individuals who traveled state to state to engage in prostitution in various hotels. The indictment is seeking the forfeiture of $476,354.74 in proceeds from the illegal prostitution activities; two properties located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy.
Acting U.S. Attorney Kennedy stated, “While the sexual exploitation of another is a criminal act that victimizes the person exploited, a criminal enterprise such as this, which provides profits to those who orchestrate such exploitation, is particularly pernicious.”
“The defendant allegedly callously abused and exploited vulnerable women for her own financial gain,” said ICE-HSI Special Agent-in-Charge James C. Spero. “The charges announced today will hopefully lay the foundation to restore the dignity of those victimized by this alleged criminal enterprise.”
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.
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.
Lackawanna Man Pleads Guilty to Selling Crack Cocaine Near A Housing ProjectRead 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 Waldemar Pabon, 29, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, crack cocaine within 1000 feet of a public housing authority before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 80 years in prison, a fine of $10,000,000, or both.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between early 2014 and December 5, 2014, Pabon conspired with others to possess and distribute crack cocaine. The defendant agreed to purchase various amounts of crack cocaine from several individuals and distribute it to certain friends and acquaintances. Pabon collected money from his friends and acquaintances and used the money to purchase more crack cocaine from other individuals in and around the Lackawanna Gates Housing Projects. The defendant then distributed the crack cocaine to his friends and acquaintances.
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; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division; and the Lackawanna Police Department, under the direction of James L. Michel, Chief of Police.
Sentencing is scheduled for July 19, 2017, at 11:00 a.m. before Judge Skretny.
Buffalo Man Charged with Mail FraudRead the Press Release
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel R. Bao, 50, of Buffalo, NY, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, the defendant is a French and Swahili interpreter. Bao interpreted the New York State Department of Motor Vehicles driver permit written test for multiple out-of-state individuals, usually individuals with refugee status who are most recently from the Massachusetts area.
The defendant is accused of creating a scheme to defraud New York State by not interpreting the written tests. Rather, Bao provided answers to the questions for the applicants. The defendant then listed his own address on the permit application rather than the address of the applicant, which resulted in the Department of Motor Vehicles mailing the official driver’s permit to Bao’s address. The defendant would then mail the permit to the applicant’s actual address. Massachusetts has reciprocity with the New York Department of Motor Vehicles and multiple test takers had failed the Massachusetts written driver’s permit test before making arrangements with the defendant.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer, and was released.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero, and the New York State Department of Motor Vehicles, under the direction of Executive Deputy Commissioner Theresa Egan.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Pleads Guilty to Armed 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 Michael Oliver, 26, of Rochester, NY, pleaded guilty to possession with intent to distribute cocaine and carrying a firearm during a drug trafficking crime, before U.S. District Judge Charles J. Siragusa. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, a fine of $1,000,000, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on September 18, 2016, a Rochester Police Department officer was on patrol in the Joseph Avenue area in Rochester. The officer saw a 2014 Ford Focus almost strike someone on a bicycle when it was turning right onto William Warfield Drive. A records check revealed that the vehicle had been reported stolen.
A short while later, the officer approached the parked car which was still running. Oliver was in the driver’s seat. As he approached the driver’s side door, the officer could smell burnt marijuana. He asked Oliver about the smell and the defendant motioned to a burnt marijuana cigarette located in the center console. The officer then instructed Oliver to get out of the car, which he did. Once out of the car, the officer placed the defendant in handcuffs and then lifted Oliver’s shirt and found a loaded handgun hanging out of his right pants pocket. A search of Oliver’s car recovered 13 individual glassine bags of cocaine.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for July 11, 2017, at 10:00 a.m. before Judge Siragusa.
Two Loiza Boys Gang Associates Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jorge Quinones, 39, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of heroin, was sentenced to 151 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Jose Rivera, 35, also of Buffalo, to 120 months in prison for his conviction on a charge of conspiracy to possess with intent to distribute and distribute heroin.Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendants were associates 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 defendants were charged in 2013 along with eight 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 sentencings are 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.
Rochester Man Sentenced for Smuggling Contraband into JailRead 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 Hoeub Chan, 35, of Rochester, NY, who was convicted of smuggling narcotics into jail, was sentenced to 18 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Chan was sentenced to federal prison in January of 2016, following his conviction for conspiracy to commit mail fraud. After being taken into custody, law enforcement officers discovered that the defendant smuggled Oxycodone and Dextroamphetamine into his place of incarceration in the seams of his shirt, socks, and hidden in his shoes. Chan made multiple false statements in which he denied possessing any contraband to Deputy United States Marshals while being processed.
Chan was previously convicted of conspiracy to commit mail fraud for engaging in a scheme with others to defraud Rochester Electric and Gas by re-routing closed account payments. As a result of that scheme, the defendant obtained over $72,000, which he was ordered to repay.
Today’s sentencing is the culmination of an investigation conducted by the United States Marshals Service, under the direction of Marshal Charles Salina.
Postal Employee Pleads Guilty to Stealing MailRead 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 D’Arcy, Jr., 37, of Lancaster, NY, pleaded guilty to theft of mail by a postal employee before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on August 2, 2016, a U.S. Postal Service mail carrier discovered 52 pieces of mail, in delivery order, in a blue collection box on McKinley Parkway in Buffalo. It was determined that each of those pieces of mail were never delivered to Fisher Road (Route 53) in West Seneca, NY. Some of the mail was postmarked July 30, 2016, and was supposed to be delivered on August 1, 2016. The defendant delivered Route 53 on August 1, 2016. He also lived approximately a half of a mile from the blue mailbox in which the undelivered mail was discovered.
A review of the Global Positioning System (GPS) used to track the delivery of mail parcels showed that on August 1, 2016, D’Arcy drove through the portion of Route 53 on Fisher Road where the mail was supposed to be delivered. A comparison of the GPS data from the day before and the day after showed the postal carrier made many more stops and took much longer to deliver the same portion of Fisher Road.
A subsequent search of the defendant’s car uncovered multiple bundles of undelivered advertisements, placards, and First Class mail. D’Arcy opened some of the mail and took the contents, which included solicitations from various veterans groups, children's cancer foundations, and animal protection groups, which contained a $1 bill or other coin currency, seeking additional contributions from patrons.
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 July 10, 2017, at 10:00 a.m. before Judge Vilardo.
Fairport Man Pleads Guilty to Drug and Gun 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 Michael Loria, 33, of Fairport, N.Y., pleaded guilty before Senior U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, oxycodone and being an unlawful user of oxycodone in possession of a firearm. The charges carry a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that in June of 2103, members of the Drug Enforcement Administration commenced an investigation into the narcotics trafficking activities of the defendant. As part of that investigation, law enforcement officers made five controlled purchases of oxycodone pills from Loria between August 2013 and September 2013.
On September 26, 2013, the date of the final pre-arranged deal, agents met with Loria in the Target parking lot on Nine Mile Point Road, in Penfield, NY. The defendant was arrested after he arranged to sell 96 oxycodone pills to an undercover police officer in exchange for $1,728.00. A loaded handgun was found in the glove compartment of Loria’s car, which he drove to the deal.
The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for July 19, 2017, at 3:30 p.m. before Judge Geraci.
Cheektowaga Man Sentenced 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 Joseph Kurowski, 24, of Cheektowaga, NY, who pleaded guilty to possession of child pornography, was sentenced to 30 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in the Spring of 2015, Kurowski began communicating via text message with a 17-year-old female. The text messages were sexually explicit in nature. On April 10, 2015, the defendant asked her to send him a sexually explicit photograph which she then sent via text message. Kurowski was aware that she was a minor at the time he received this image.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge, the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Rochester Man Sentenced for Murder and Three Others Defendants Sentenced on Cocaine and Heroin 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 four defendants, Tyshawn Simmons, 34, Franklin Brock, Jr., 23, Franklin Brock, Sr., 43, and Tina McDonald, 44, all of Rochester, NY, were sentenced by U.S. District Judge Charles J. Siragusa in connection with a long-term, violent drug distribution ring in the City of Rochester.
Defendant Simmons was sentenced to 330 months in prison for the murder of Ryan Adams. Franklin Brock, Jr., who was convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine, was sentenced to 10 years in prison. Brock’s father, Franklin Sr., who was convicted of possession with intent to distribute and distribution of crack cocaine, was sentenced to five years’ probation. Tina McDonald, a girlfriend of Tyshawn Simmons, was convicted of conspiracy to distribute heroin and sentenced to 18 months in prison.
Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that Simmons murdered Ryan Adams because he believed that Adams had cooperated with law enforcement or intended to do so. Simmons shot Adams six times on Halloween night in 2012, while Adams sat in the driver’s seat of his car on Lincoln Street in Rochester. Adams managed to get out of the car and walk approximately 400 feet looking for help before collapsing.
Franklin Brock, Jr. conspired with Simmons and others to sell drugs. Brock, Jr. admitted to possessing guns during the conspiracy. Franklin Brock, Sr. helped his son sell crack cocaine during the term of the conspiracy.
Tina McDonald conspired with Simmons and others to distribute heroin. Among other things, she stored heroin in her residence where she lived with her children, and brought the heroin out of her residence to give to Simmons and others in the conspiracy for distribution to customers. McDonald also allowed other co-conspirators to store a gun in her residence. That gun was used by co-conspirator Marquis McMillian to shoot someone that he and Simmons suspected of having cooperated with police. After the shooting, McMillian hid the gun in McDonald’s house. Thereafter, another member of the conspiracy came to pick up the gun and, at Simmons’ direction, McDonald showed him where the gun was hidden in her house. McMillian was previously sentenced to 25 years for his role in the conspiracy.
Today’s sentencings are the culmination of an investigation headed by the Rochester Police Department, under the direction of Chief Michael Ciminelli, with assistance from the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent- in-Charge, New York Field Division.
Mexican Citizen Sentenced for Illegal ReentryRead 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 Maria Agustin, 43, a native and citizen of Mexico, most recently of Elba, NY, who pleaded guilty to reentry after deportation subsequent to an aggravated felony conviction, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.
Special Assistant U.S. Attorney Brian J. Counihan, who handled the case, stated that in 2009, the defendant was convicted in California of Forcible Rape and Assault with a Deadly Weapon and sentenced to five years in prison. After serving his prison sentence, Agustin was removed from the United States to Mexico by U.S. Immigration and Customs Enforcement. As a result of that conviction, the defendant was permanently barred from returning to the United States.
In December of 2015, Agustin was found working in the United States. The defendant was doing so without having permission to reenter the United States and without employment authorization. In addition, Agustin was required to register as a sex offender in California and had not registered as a sex offender in New York State.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Thomas P. Brophy, Acting Buffalo Field Office Director, and the Genesee County Sheriff’s Office, under the direction of Sheriff William Sheron, Jr.
Buffalo Man Pleads Guilty to 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 Anthony McCutcheon, 51, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and possession of a firearm in furtherance of drug trafficking before Senior U.S. District Judge William M. Skretny. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life and a $5,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to distribute crack cocaine in the Buffalo area. McCutcheon supplied cocaine to co-defendants Troy Cooley, Andre Owens, Morrell Buster, and William Jefferson. During the execution of a search warrant at the defendant’s East Amherst Street residence, law enforcement officers recovered cocaine, crack cocaine, baggies and scales. Officers also recovered a loaded 9mm semi-automatic handgun.
McCutcheon was charged along with Cooley, Owens, Buster, Jefferson, Deandre Sparks, Markiel Hall, Alicia Maghett, and Carmella Rivera. All nine defendants have been convicted.
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 Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for July 26, 2017, at 2:00 p.m. before Judge Skretny.
Williamsville Man Charged with Enticement of A MinorRead 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 Christopher Chase, 49, of Williamsville, NY, was arrested and charged by criminal complaint with enticement of a minor. The charge carries a maximum of 10 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, on March 10, 2017, the defendant, using the name “The Dark Father,” initiated an online conversation with a female. Chase stated, “So, are you still looking for a boyfriend? And do you like older men?” The defendant noted that he was looking for an “[e]specially submissive” girlfriend and asked for a cell number to continue a conversation.
The following day, on March 11, 2017, Chase texted the female and asked, “Now the evil question are you really 18.” In the text, the female indicated that she was only 15 years-old. The defendant, however, continued to contact the female and request “naughty photos.” Following graphic conversation during which Chase described in detail sexual activities with the female, on March 29, 2017, the defendant arranged to meet the female at Walgreens in Depew, NY on April 2, 2017, in order to have sex with her. On April 2, 2017, shortly before the appointed meeting time, special agents with Homeland Security Investigations observed Chase’s car parked just down the street from the Walgreens where he had arranged to meet the female. After he pulled into the Walgreens parking lot, defendant was placed under arrest. He was found to possess condoms and sex lubricant.
The complaint is the result of an investigation by 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 defendants are presumed innocent until and unless proven guilty.
Rochester Woman Pleads Guilty to Illinois Bank RobberyRead 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 Patricia Nelson, 33, of Rochester, NY, pleaded guilty to bank robbery 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 Frank H. Sherman, who is handling the case, stated that on March 16, 2015, the defendant robbed the BMO Harris Bank located at 2401 W. Schaumburg Road in Schaumburg, Illinois. Nelson was indicted by a federal grand jury in the Northern District of Illinois for this crime, but pleaded guilty in the Western District of New York after being arrested here in October of 2016 on an arrest warrant from Illinois.
On the date of the robbery, at approximately 9:15 a.m., the defendant entered the BMO Harris Bank wearing a dark hooded sweatshirt, a purple stocking cap, black glasses, and black pants. Nelson went to the customer counter and wrote a demand note on a deposit slip that read, “Put all cash I 2 envelopes No Alarms No DYE Packs Keep quiet & go quickly.” The defendant then approached a teller, placed the note on the counter, and gestured with her hands to hurry. The teller then provided a specific amount of cash to the defendant who took the money and left the bank. Nelson got into the passenger side of her vehicle, which her boyfriend was driving.
The two drove from Illinois to Colorado where they were apprehended and Nelson was ultimately charged with a previous bank robbery at the Canandaigua National Bank on March 10, 2015 in Rochester. Nelson pleaded guilty to Robbery in Monroe County Court and was sentenced to one year in prison. Following her release from prison on that charge, the defendant was arrested for the Illinois bank robbery.
As part of the plea agreement, the defendant agreed to pay $2,320 in restitution to the BMO Harris Bank
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 1, 2017, at 10:00 a.m., before Judge Siragusa.
Rochester Man Sentenced for Bank RobberyRead 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 Luis Osorio, 27, of Rochester, NY, was sentenced by U.S. District Judge Elizabeth A. Wolford to 63 months in prison for bank robbery.
Osorio was charged in June, 2014 along with his younger brother Abraham Osorio, Laquan Ealey and Jeffrey Steadman-Loyd, all of Rochester.
Assistant U.S. Attorney Everardo A. Rodriguez, who handled the prosecution, stated that the defendant participated in the planning and execution of the June 7, 2014, robbery of the Chase Bank located at 2900 Dewey Avenue in Rochester. Co-defendants Abraham Osorio and Laquan Ealey entered the bank and walked up to a teller station. Ealey was wearing a baseball cap, gloves, and black hair extensions. Abraham Osorio had a red baseball cap and sunglasses. Ealey passed a note to the teller that stated, "Give me all the money or everyone dies in here." Ealey then told the teller, "Give me all your money or everyone here will die, I have a gun." The teller handed Ealey an amount of money and the defendants exited the bank, driving away in a 2002 blue Ford Explorer. The robbery was recorded on bank surveillance cameras. Ealey and Abraham Osorio later met up with Luis Osorio and the three men divided the proceeds of the robbery.
A week later, on June 14, 2014, Luis Osorio, Abraham Osorio, Laquan Ealey and Jeffrey Steadman-Loyd attempted to rob the Citizens Bank at 230 Waring Road in Rochester. Luis Osorio and Jeffery Steadman-Loyd were observed by police in the blue Ford Explorer with Abraham Osorio and Laquan Ealey. The four men initially drove by the bank then stopped several block away, at which time Luis Osorio was observed to exit the Explorer with a screwdriver in hand and replace the vehicle’s two license plates with fake plates. The four men then drove back and parked next to the bank. Fearing that the men were about to rob the bank, Rochester Police patrol cars approached the Explorer and engaged their emergency lights. The defendants sped away, leading police on a car chase over approximately five city blocks. During the effort to flee, the Explorer struck a police vehicle. When the Explorer finally came to a stop, Abraham Osorio was the driver, Luis Osorio was the front passenger, and Ealey and Steadman-Loyd were in the back seat.
Police searched the Explorer and found, among other items, black hair extensions, several hats and caps, several pairs of sunglasses, a screwdriver and the two license plates which Luis Osorio had earlier replaced with fake plates.
In addition to his 63 months in prison, Luis Osorio was ordered to pay restitution to Chase Bank in the amount of $3,278. The three other defendants were also convicted. Laquan Ealey was sentenced to 66 months in prison and Jeffrey Steadman-Loyd 24 months in prison. Abraham Osorio is awaiting sentencing.
Today’s sentencing is the culmination of a joint investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Police, under the direction of Major Richard Allen; the United States Marshals Service, under the direction of Charles Salina; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Buffalo Man Charged with Ramming FBI Property with His CarRead 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 Lowe, 35, of Buffalo, NY, was arrested and charged by criminal complaint with depredation of government property. The charge carries a maximum of 10 years in prison and a $1,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the complaint, on March 30, 2017, at approximately 10:40 p.m., the defendant rammed his SUV into the gate of the Buffalo Office of the FBI on Mohawk Street. Lowe then backed up from the gate and drove around the perimeter of the FBI office at a high rate of speed. The defendant then drove to the perimeter gate on Staats Street and rammed into that gate twice. The gate gave way and Lowe entered the parking lot, drove in circles and then rammed into the outbound lane perimeter gate. The defendant drove out of the parking lot through Staats Street and was stopped and taken into custody by Buffalo Police at Chippewa Street and Elmwood Avenue.
The estimated value of the damaged security gates at the FBI is in excess of $50,000.
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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda.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.
California Man Arrested on Enticement 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 Loren Glen Warner, 27, of Fresno, CA, was arrested and charged by criminal complaint with enticement of a minor. The charge carries a minimum of 10 years and a maximum penalty of life and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, in early January, 2017, the defendant met the 14 year-old victim at her family’s church in Cattaraugus County, NY, and the two began communicating via Facebook and Snapchat. During those communications, Warner, who knew the victim was 14 years-old, began making sexual references and statements, and sent sexually explicit images of himself to the victim. The defendant also asked for and received nude photographs of the victim. In the early morning hours of January 23, 2017, Warner drove to the victim’s residence. The victim got into the car and the two had sexual intercourse.
The investigation was initiated by the New York State Police who received a report from the legal guardian of the victim. The legal guardian reported that she woke up early on January 23, 2017, and saw the victim walking towards the house and the defendant in his car at the end of the driveway. She also reported that later in the day, the victim told her that Warner had sexual intercourse with her.
On March 27, 2017, the defendant pleaded guilty to Rape in the Second Degree and Endangering the Welfare of a Minor in Cattaraugus County Court and is scheduled to be sentenced on those charges on June 12, 2107.
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and is being held.
The criminal complaint 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; the New York State Police, under the direction of Major Steven Nigrelli; and the Cattaraugus County District Attorney’s Office, under the direction of Lori Rieman.
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 Loiza Boys Gang Members Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Miguel Manso, 46, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute heroin, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Ellis Colon, 32, also of Buffalo, to time served for his conviction of misprision of a felony.Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendants were members 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 defendants were charged in 2013 along with eight co-conspirators following a long term investigation that involved the interception of telephone calls of the 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 sentencings are 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.
Rochester Man Sentenced in Connection with the Robbery of A 7-ElevenRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Lowry, 22, of Rochester, NY, who pleaded guilty to Hobbs Act robbery, possession of a firearm in furtherance of a crime of violence, and possession of a stolen firearm, was sentenced to 128 months in prison by U.S. District Judge Charles J. Siragusa.Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Lowry was sentenced for his role in the August 10, 2015, armed robbery of the 7-Eleven Convenience store at 1469 Lake Avenue in Rochester. Lowry and co-defendant Johnny Blackshell entered the 7-Eleven store intending to steal cash and goods. After entering the store, the defendant jumped over the service desk and ordered the employees to the ground. Blackshell pointed a silver handgun at the victim’s head and instructed the victim to open the cash register. The victim opened the cash register, which contained approximately $80 in U.S. currency, and Lowry removed the money. In addition to the money, the defendant and Blackshell took an unknown quantity of cigarettes, tobacco, chewing gum, and numerous rolls of scratch-off lottery tickets. Lowry and Blackshell then ran out of the store east toward Lake Avenue. Several of the stolen lottery tickets were redeemed by the defendant and others until the New York Lottery was able to invalidate the stolen tickets.
In addition to the charges related to the convenience store robbery, Lowry was also sentenced for possession of a stolen firearm. That charge related to a separate incident, which occurred on August 1, 2015—roughly a week-and-a-half before the 7-Eleven robbery—during which Lowry was found to possess a stolen shotgun. Specifically, on July 29, 2015, Rochester Police officers responded to 1070 Lake Avenue for a report of a burglary occurring at the residence. A resident told officers that intruders entered the house and stole a gun safe that contained three firearms including an AK-47 rifle, a .40 caliber rifle, and a 12-gauge shotgun. Subsequently, on August 1, 2015, officers responded to Lowry’s residence at 33 Phelps Avenue in Rochester on an unrelated call for service. While there, officers observed a 12-gauge shotgun on the front porch of the residence, loaded with one round of ammunition. After tracing the firearm's serial number, investigators determined the gun was one of the three stolen on July 29, 2015, from the Lake Avenue residence. One of the other stolen guns, the AK-47 rifle, was later determined to be the murder weapon used in the shooting at the Rochester Boys and Girls Club on August 19, 2015. Johnny Blackshell was convicted in June 2016 on three counts of First Degree Murder in New York State court in connection with that incident.
Federal charges of Hobbs Act robbery and carrying and brandishing a firearm during a crime of violence are still pending against Johnny Blackshell. 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 Rochester Police Department, under the direction of Chief Michael Ciminelli; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division.
Rochester Couple Arrested, Charged with Armed RobberyRead 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 Fred Swan, Jr., 28, and Jessica Henton, 28, both of Rochester, NY, were arrested and charged by criminal complaint. Swan is charged with Hobbs Act Robbery, use of a firearm in furtherance of a crime of violence, and possession of a firearm in furtherance of a crime of violence. Henton is charged with aiding and abetting and Hobbs Act Robbery. Swan faces up to 25 years in prison; Henton up to 20 years in prison.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that according to the complaint, on February 18, 2017, Swan, assisted by Henton, robbed Alice’s Market at 1477 South Avenue in Rochester. The complaint further states that on March 24, 2017, Swan robbed the Valero gas station at 931 South Clinton Avenue in Rochester. On both occasions, Swan was armed with a firearm.
A subsequent search of the defendants’ apartment uncovered a firearm, clothing, and other items all of which matched articles either worn by defendants or taken from the robberies of one or both of the convenience stores.
Swan and Henton made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. Henton was released; Swan is being detained.
The complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, 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 defendants are presumed innocent until and unless proven guilty.
Niagara Falls Man Sentenced to 27 Years in Prison 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 Daniel Krull, 44, of Niagara Falls, NY, who was convicted of distribution of child pornography following a prior conviction under New York law for possessing a sexual performance by a child, was sentenced to 27 years in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the between November 6, 2015, and November 8, 2015, the defendant, using the Facebook profile “Danny Blaze,” distributed 11 images of child pornography to other individuals via a private group on Facebook. As a result, Facebook shut down the private group used by Krull and submitted a CyberTipline report to the National Center for Missing and Exploited Children on February 28, 2016.
On August 23, 2016, the defendant’s cellular telephone was seized by the Niagara County Probation Department. A forensic examination revealed approximately 2,026 images and 20 videos of child pornography depicting minors engaging in sexually explicit conduct. Some of the images depicted prepubescent minors or minors less than 12 years of age and depictions of graphic violence. During the investigation, Krull admitted that he previously sexually molested three minor females. The defendant also admitted that on several occasions during the summer of 2016, he followed numerous minor females at a local retail store, would become sexually stimulated and once he was back in his car or his residence, Krull would engage in masturbation.
In March 2007, the defendant was convicted in state court of possessing a sexual performance by a child less than 16 years of age.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation at the direction of Adam S. Cohen, Special Agent-In-Charge, and Probation Officers of the Niagara County Probation Department.
Buffalo Man Pleads Guilty to Heroin and Fentanyl 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 Francis Tessina, 45, of Buffalo, NY, pleaded guilty to possession with intent to distribute heroin and fentanyl before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on March 9, 2015, the defendant sold heroin and fentanyl to an individual cooperating with law enforcement. The following day, as Tessina was again preparing to sell heroin and fentanyl to the same person, he was arrested.
According to a previously filed complaint, on February 28, 2015, law enforcement officers investigated the apparent opioid overdose of a man in Hamburg, NY. During the investigation, officers discovered a cellular telephone that belonged to the individual. Text messages exchanged between him and an individual identified as John Haak revealed that the man received what was purported to be heroin from Haak shortly before his body was discovered. Further investigation revealed that Haak delivered fentanyl, purchased from Tessina, to the man late in the afternoon of February 28, 2015. Haak also sent text messages to him warning him to be careful with the heroin because Haak believed it contained fentanyl.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Evans Police Department, under the direction of Chief Douglas Czora.Sentencing is scheduled for July 12, 2017 at 9:00 a.m. before Judge Vilardo.
Rochester Man Pleads Guilty to Possession of Child PornographyRead 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 Joshua Woodbury, 27, of Rochester, NY, pleaded guilty to possession of child pornography 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 Craig R. Gestring, who is handling the case, stated that on February 14, 2016, an FBI Agent, while working in an undercover capacity, downloaded two video files containing child pornography. Those videos included naked, prepubescent girls. The undercover agent also found several other video files utilizing the same IP address. Subsequent investigation traced the IP address to a residence at which the defendant was then living on Patrician Drive in Rochester.
On September 17, 2016, an FBI Task Force Officer (TFO), while working in an undercover capacity, also downloaded two video files containing child pornography. Those videos contained a naked, prepubescent girl and a naked, prepubescent boy engaged in sexual activity with adult men. The videos were traced to an IP address at an apartment on Spanish Trail in Rochester. When interviewed, the residents of the apartment denied any involvement with child pornography. An analysis of a tablet and laptop computer in the apartment found no indication of child pornography. Further investigation determined that the defendant, who was “pretty tech savvy,” also resided in the apartment complex on Spanish Trail.
Agents met with Woodbury who admitted that he utilized the internet at the Patrician Drive residence to download child pornography while living there in February of 2016. The defendant also admitted that he accessed his neighbor’s wireless internet to download child pornography at his current residence on Spanish Trail. An analysis of Woodbury’s cellular telephone revealed multiple videos containing prepubescent children involved in sexual activity.
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 June 27, 2017, at 9:15 a.m. before Judge Siragusa.
Four Plead Guilty in Marijuana 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 Damarcus Hennings, 25; Shaquata Hennings, 30; Shahana Beaver, 25; and Janice Humphrey, 28, all of Buffalo, N.Y., pleaded guilty for their involvement in a marijuana and money laundering conspiracy before U.S. District Judge Elizabeth A. Wolford. Demarcus Hennings, Shaquata Hennings, and Shahana Beaver each pleaded guilty to conspiracy to possess with intent to distribute marijuana and face a maximum possible sentence of five years in prison. Demarcus and Shaquata Hennings also each pleaded guilty to additional crimes. Specifically, Demarcus also pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime, which carries a mandatory minimum penalty of five years in prison and a maximum of life, which must be served consecutive to any sentence imposed on his drug conviction. While Shaquata also pleaded guilty to conspiracy to commit money laundering, a crime for which she faces up to 20 years in prison. Finally, Janice Humphrey pleaded guilty to maintaining a drug involved premises, which carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between April 2015, and September 2015, the defendants conspired to ship, receive, and distribute more than 50 packages containing marijuana from Denver, Colorado to Buffalo, New York. The defendants also conspired to send the cash proceeds from resulting marijuana sales back to their marijuana source of supply in Denver.
Charges are pending against two other defendants in this case, Dashawn Abrams and Arthur Clark. 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 guilty pleas are 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.Defendants Beaver and Humphrey are scheduled to be sentenced on July 11, 2017, before Judge Wolford. Sentencing for Damarcus Hennings and Shaquata Hennings will be scheduled at a later date.
Buffalo Man Pleads Guilty in Connection with Drug Trafficking Ring Linked to A Mexican Drug CartelRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Bryant Hudson pleaded guilty to structuring transactions before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $500,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that the defendant was charged in an indictment along with six others in connection with a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado.
Hudson assisted in the depositing of drug proceeds in accounts at Bank of America branches in the Buffalo area in order to move the proceeds from Buffalo to California and avoid detection. The money was deposited in amounts just under $10,000, a practice known as structuring. Deposits of $10,000 or more require the bank to report the transaction. There were also deposits in bank branches across the country made by other defendants. The total amount of money deposited in this fashion reached more than $10,000,000. Local deposits totaled over $1,000,000 and involved at least 120 transactions.
Hudson is the first to be convicted in this case. 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.
Today’s plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.
Sentencing is scheduled for July 11, 2017, at 10:00 a.m. before Judge Wolford.
Rochester Man Sentenced to Life in Prison Plus Five Years for Murder and Narcotics and Firearms OffensesRead 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 Damion Colabatistto, 40, of Rochester, NY, having been convicted following a jury trial of murder, conspiracy to distribute cocaine, crack cocaine, and heroin, and the use of firearms in furtherance of a drug conspiracy, was sentenced to life in prison plus five years by Chief U.S. District Judge Frank P. Geraci. Jr.
Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, stated that on July 26, 2009, Colabatistto, and his former brother-in-law and friend, Angelo Ocasio, went to 137 Cameron Street looking to kill a rival drug dealer with whom Colabatistto and another co-conspirator had fought the night before. When they arrived at the house, Colabatistto and Ocasio shot and killed Meosha Harmon when she came to the upstairs window of the residence. The two mistakenly believed that Ms. Harmon was the rival drug dealer.
Angelo Ocasio, was also convicted following a jury trial in connection with the shooting of Meosha Harmon and of the underlying drug trafficking conspiracy. Ocasio was also sentenced to life in prison.
During Colabatistto’s trial, the government’s evidence established that one of the two guns used to murder Meosha Harmon was also used to murder Jose Troche on January 14, 2010, outside his house at 510 Augustine Street in Rochester. Jose Troche was a member of the drug distribution conspiracy along with Colabatistto and Ocasio. The drug conspiracy was headed by James Kendrick and his brother Pablo “Paul” Plaza. Troche was murdered because Kendrick and Plaza feared that Troche would cooperate against Kendrick in an ongoing narcotics prosecution. Colabatistto participated in the planning of the Troche murder and was the getaway driver when Paul Plaza shot Troche on the morning of January 14, 2010.
The drug conspiracy to which Colabatistto and Ocasio belonged was led by Kendrick and Plaza, and it was a large, long-term, and very violent drug distribution group. The group committed multiple beatings, shootings, and murders to protect their drug operations and to retaliate against those who posed a danger to the conspiracy, including disloyal workers and rival drug dealers.
James Kendrick and Paul Plaza were tried in a separate, seven-week trial and were each found guilty of the drug trafficking conspiracy and of several firearms offenses, including offenses relating to the murder of Jose Troche. Kendrick and Plaza were also found guilty of the murder of Francisco Santos in October 1998. Santos’ body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, NY. James Kendrick was also found guilty of the murder of Ryan Cooper in the spring of 1999. Cooper’s remains have never been found. Like Jose Troche, both Santos and Cooper (who was a cousin of Kendrick’s and Plaza’s) were murdered because Kendrick and Plaza believed they were disloyal members of the conspiracy who had cooperated with the police or were planning to do so.
Paul Plaza and James Kendrick have also been sentenced to life in prison.
Damion Colabatistto’s conviction is the culmination of an investigation that commenced in 2010. As a result of the investigation and resulting prosecutions, four murders (Francisco Santos in 1998, Ryan Cooper in 1999, Meosha Harmon in 2009 and Jose Troche in 2010) have been solved and the responsible murderers have been brought to justice. Altogether, 11 co-conspirators have been convicted in connection with the underlying drug distribution conspiracy and/or illegal firearms possession, and murders committed in furtherance of the conspiracy.
The conviction of Colabatistto and of his co-conspirators 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; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.Two Jamestown Men Indicted on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an 11-count indictment charging Juan Pacheco, Jr., 34, and Andrew Garner, a/k/a Bam, 36, both of Jamestown, NY, with conspiracy to distribute over five kilograms or more of cocaine, over 500 grams or more of methamphetamine, and marijuana, and maintaining a drug involved premises. Pacheco was also charged with possession with intent to distribute cocaine, methamphetamine, and marijuana. Garner was additionally charged with distribution of cocaine and possession with intent to distribute cocaine, methamphetamine and marijuana. The charges carry a mandatory minimum penalty of 20 year in prison for Pacheco and 10 years in prison for Garner. Both face a maximum penalty of life in prison and a $10,000,000 fine.Assistant U.S. Attorney Michael P. Fellicetta, who is handling the case, stated that according to the indictment, between April 2016 and September 2016, the defendants received large quantities of drugs from California that were smuggled into the United States from Mexico. Members of the Drug Enforcement Administration working collaboratively with law enforcement officers from the Jamestown Metro Drug Task Force (JMDTF) identified Pacheco and Garner as significant dealers in the Jamestown area.
On May 19, 2016, JMDTF officers executed a search warrant at Garner’s apartment, located at 840 East 2nd Street in Jamestown. Inside, officers recovered bags containing cocaine, crack cocaine, and marijuana, along with baggies, scales, and a video surveillance system that covered the perimeter of the residence. Garner was arrested on June 14, 2016.
Pacheco was arrested on August 18, 2016, after officers executed a search warrant at a residence, believed to be Pacheco’s stash house, located at 477 Main Street in Jamestown. Officers seized approximately nine kilograms of cocaine, more than three kilograms of methamphetamine, and over six pounds of marijuana. The DEA also seized nearly $133,000 in cash that was found at the residence and approximately $7,000 from Pacheco’s pocket upon his arrest. Two vehicles belonging to Pacheco were also seized in the raid, including a Mercedes C300 and a Ford F150.
The defendants are being detained.
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; 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 defendants are presumed innocent until and unless proven guilty.
Jury Convicts Former Attorney of Fraud Involving Ponzi SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted James A. MacCallum, 46, of Bemus Point, NY, of mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorneys Michael DiGiacomo and Brian J. Counihan, who handled the prosecution of the case, stated between January 2008 and December 2010, the defendant, a practicing attorney at the time, devised a scheme to defraud investors out of approximately $3,400,000. As part of the scheme, MacCallum encouraged some victims to liquidate other investments in order to benefit from his false and fraudulent higher rates of return. The defendant claimed that his investments were secured by real estate and life insurance policies. However, the Government’s evidence demonstrated that the defendant was using victim investments to pay back earlier investors and to pay personal and other expenses such as personal travel and office expenses. MacCallum received $3,423,737.00 from victim investors.
The verdict is the result of investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Following today’s verdict, Judge Elizabeth A. Wolford, who presided over the trial, order the defendant detained pending sentencing on July 11, 2017, at 2:00 p.m.
Three Men Arrested for Wire Fraud Scheme Involving Multilevel Marketing CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Craig Jerabeck, 56, of Rochester, NY; Jeb Tyler, 44, of Penfield, NY; and Jason Guck, 42, of Victor, NY, were arrested and charged by criminal complaint with wire fraud and conspiracy. The charges are punishable by up to 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, from at least 2001 to 2015, Jerabeck was the co-founder, President and Chief Executive Officer of 5LINX, a Rochester based multilevel marketing company. From at least 2001 to the present, Guck and Tyler were co-founders and Vice Presidents of 5LINX. In June 2006, 5LINX entered into a purchase agreement and a stockholder’s agreement with two investment companies. As a condition of the purchase agreement, the investors, 5LINX and the defendants entered into a stockholder’s agreement, which defined certain conditions, rights, and obligations. Among other conditions, the defendants compensation was limited, and any bonus payments required approval by the Board of Directors.
Jerabeck, Tyler, and Guck engaged in a scheme to defraud investors by causing millions of dollars to be diverted from 5LINX into their own personal bank accounts or onto their debit cards without the knowledge or approval of the investors. Beginning in approximately 2009, and continuing until at least May 15, 2015, without the knowledge, permission, or authorization of investors, the defendants created and inserted fraudulent contracted representatives into the 5LINX direct sales team in order to make additional income in excess of their compensation plan. To execute the scheme, the defendants set-up fraudulent 5LINX independent contractor accounts under multiple company names which were actually controlled by the defendants individually or together. Those shell companies were utilized in order to conceal the real owner’s information from employees and the investors.During times relevant to the conspiracy, Jerabeck, Tyler, and Guck failed to disclose to the investors that they were independent contractors of 5LINX and that they were covertly receiving millions of dollars in additional compensation without the investors’ knowledge or permission. This resulted in inaccurate corporate financial documents being issued which significantly understated the company’s available cash. Those inaccurate statements were then relied upon by the investors in making financial decisions related to their investment in 5Linx. As a result, investors lost as much as $4,000,000.
The criminal complaint is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Adam S. Cohen.The defendants made initial appearances this morning before U.S. Magistrate Judge Jonathan W. Feldman and were released on conditions. Jerabeck, Tyler, and Guck are due back in court for a status hearing on May 5, 2017 at 9:30 a.m.
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.
Nicaraguan Man Sentenced on Kidnapping 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 Timothy Miller, 40, of Managua, Nicaragua, who was convicted of conspiracy to commit international parental kidnapping, was sentenced to time served (eight months) by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graff, who handled the case, stated that in 2009, the defendant conspired with co-defendants Kenneth Miller and Lisa Miller to assist Lisa Miller and her daughter in fleeing the United States to Nicaragua. Lisa Miller fled the country in order to prevent her partner Janet Jenkins from visiting her daughter. The two women both had parental rights with the child.
Timothy Miller purchased a one-way plane ticket for Lisa Miller and her daughter to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and her daughter with shelter and financial assistance.
Kenneth Miller was convicted and sentenced. Charges are pending against Lisa Miller whose current whereabouts, and that of her daughter, is unknown. 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. In a related prosecution, Philip Zhodiates was convicted of international parental kidnapping and conspiracy to commit international parental kidnapping, and was sentenced to 36 months in prison.
The sentencing is the culmination of an investigation by the Vermont Office of the United States Marshal’s Service, under the direction of David Damag; and the Vermont Office of the Federal Bureau of Investigation, under the direction of Andrew Vale, Special Agent in Charge.
Buffalo Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Julio Cesar Sanchez, 47, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in March of 2015, the Drug Enforcement Agency (DEA) executed a search warrant at an apartment where illegal narcotics were sold. At that time, agents recovered an internal video surveillance system that recorded Sanchez holding and describing a bag of cocaine he intended to sell to customers.
On October 5, 2015, the U.S. Postal Inspection Service (USPIS) intercepted a package shipped from Puerto Rico to an address in Buffalo. Agents executed a search warrant on the package which contained cocaine stuffed inside a set of speakers. After removing the cocaine, the DEA conducted a controlled delivery of the package. During the controlled delivery, the defendant arrived at the address and signed for the package. Upon signing for the package, DEA agents arrested Sanchez.
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 United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Sentencing is scheduled for June 29, 2017, before Judge Arcara.
Virginia Man Sentenced for International Parental KidnappingRead 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 Zodhiates, 61, of Waynesboro, Virginia, who was convicted by a federal jury of international parental kidnapping and conspiracy to commit international parental kidnapping, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Paul Van de Graaf and Michael DiGiacomo, who handled the prosecution of the case, stated that beginning in 2009, the defendant conspired with Lisa Miller to take Miller’s then seven-year-old daughter from Virginia to Nicaragua. Zodhiates transported Miller and the child to the Buffalo area where the two crossed over the Rainbow Bridge Port of Entry into Canada. Miller and the child then flew from Toronto, Ontario to Nicaragua. After arriving in Nicaragua, Miller was sheltered and assisted by others who had been recruited by Zodhiates. Miller and the child have not been seen since.According to evidence presented by the Government, the kidnapping was an attempt to obstruct the parental rights of Miller’s former partner from a civil union that took place in the State of Vermont. The child was born during the period of the civil union and the State of Vermont accordingly governed the parental rights of both Miller and her former partner.
Lisa Miller is also charged with international parental kidnapping and conspiracy to commit international parental kidnapping but remains a fugitive. Also charged in this case is Timothy Miller (no relation) from Nicaragua. He was recently arrested after being deported by Nicaragua and is due to appear at a later date in the Western District of New York.
A fourth defendant, Kenneth Miller (also not related) from Virginia, was charged and convicted of international parental kidnapping in the District of Vermont in 2012. Kenneth Miller is currently serving a 27-month prison sentence.
The sentencing is the culmination of an investigation by the Vermont Office of the United States Marshal’s Service, under the direction of David Damag, and the Vermont Office of the Federal Bureau of Investigation, under the direction of Andrew Vale, Special Agent-in-Charge.
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 Jerome Grant, 36, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute cocaine, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June of 2013 and July 23, 2014, Grant conspired with other Schuele Boys Gang members to distribute cocaine in the City of Buffalo. The defendant purchased cocaine from other Schuele Boys Gang members and broke it down into smaller packages for redistribution to customers.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
Grant is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 18 of the 28 charged have been convicted.
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.
Holland Couple Pleads Guilty in Connection with Fraudulent Receipt of over $1,000,000 in Veterans Benefits and Postal Workers CompensationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Richard Klaffka, 59, and his wife, Cathleen Klaffka, 62, both of Holland, NY, pleaded guilty before U.S. District Judge Richard J. Arcara in connection with Richard Klaffka’s receipt of over $1,000,000 in benefits from the Department of Veterans Affairs (VA) and the Department of Labor under false pretenses. Richard Klaffka pleaded guilty to wire fraud and faces a maximum penalty of 20 years in prison and a $250,000 fine. Cathleen Klaffka pleaded guilty to misprision of a felony, which is punishable by maximum penalty of three years in prison. The couple was also ordered to pay $1,237,427 in restitution.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in 2006, Richard Klaffka told the VA that, due to an injury connected with his military service in 1978, he was disabled, confined to a wheelchair and unable to engage in daily activities like walking, driving, and dressing himself. To promote the fraud, Cathleen Klaffka pushed Richard Klaffka in a wheelchair when at the VA hospital in order to support Richard’s false claim regarding his mobility limitations. In fact, both knew that Richard Klaffka was able to walk without assistance and regularly engaged in extensive physical activities including hiking, riding a bike, and pitching iron horseshoes.
Similarly, in order to get workers compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury and that he was only able to walk with the assistance of a cane. All told, the Klaffka’s received $1,237,427 in government benefits to which they were not entitled. The investigation was triggered by an anonymous call to a fraud hotline.Acting U.S. Attorney Kennedy noted that the defendants “sought fraudulently to enrich themselves by exploiting for their own personal financial benefit a system intended to provide a safety net for disabled American veterans and workers. Through these pleas, the government, in addition to forcing the couple to repay the money they essentially stole, will also seek to hold them liable for interest—in the form of their liberty—when it comes time for sentencing.”
USPS-OIG Special Agent-in-Charge Monica Weyler stated, “The U.S. Postal Service spends more than $1-billion dollars per year on workers compensation related expenses. The majority of that money goes to unfortunate postal employees who suffered legitimate on the job injuries. However, as the evidence in this case shows, there are a few employees who decide to take advantage of the federal workers compensation program for their own personal gain. When special agents with the U.S. Postal Service Office of Inspector General receive allegations of workers compensation fraud, they will conduct a thorough investigation with our law enforcement partners, and seek criminal prosecution of those found to be committing fraud. To report workers compensation fraud, or any other crimes committed by postal employees, contact us at www.uspsoig.gov or 888-USPS-OIG.”
The pleas are the result of an investigation on the part of Special Agents of the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Donna L. Neves; the Department of Veterans Affairs Police Department, under the direction of Chief Jeremy Novak; U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; and the United States Postal Service, Office of Inspector General, under the direction of Monica Weyler, Special Agent-in-Charge, Eastern Area Field Office.
Sentencing for the couple is scheduled for July 26, 2017, at 1:00 p.m. before Judge Arcara.
Dunkirk Man Sentenced in Major Cocaine 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 David Jesus Pagan, 40, of Dunkirk, NY, who was convicted of conspiring to possess with intent to distribute and distribute five kilograms or more of cocaine and being a felon in possession of a firearm, was sentenced to 97 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that David Jesus Pagan and co-defendant Rafael Burgos were the leaders of a drug trafficking organization that distributed illegal narcotics in the Dunkirk, NY, area between 2013 and June 10, 2015. During that time, members distributed multiple kilograms of cocaine throughout the Dunkirk area.
Pagan was arrested in June of 2015 along with Burgos and four others. Search warrants were executed at the time of the arrests at six properties which resulted in the recovery of more than seven kilograms of cocaine (the largest seizure ever in the City of Dunkirk) and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine, most of which was found in the defendant’s residence. During a search of Burgos’ residence, officers discovered a secret room with a money counting machine. All 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 Office; the Dunkirk Police Department, under the direction of Chief David C. Ortolano; the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb; and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.
Buffalo Man Convicted by A Jury of Gun and 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 that a federal jury this afternoon returned a verdict convicting Gregory Ramos, a/k/a Prospect, 25, of Buffalo, NY, of possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a person subject of a domestic violence order of protection. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorneys Michael P. Felicetta and Laura A. Higgins, who handled the prosecution of the case, stated that Ramos is a member of the FEB Gang which has a history of drug trafficking, firearms possession and violent crime. On May 21, 2016, Buffalo Police received a complaint involving a domestic dispute on Fargo Avenue between a woman and the defendant. An investigation determined that Ramos assaulted the woman, causing abrasions and bruising, and threatened her life. At the time of the domestic assault, Buffalo Police were looking for the defendant in connection with a fatal shooting, which occurred at the Anchor Bar Restaurant the previous day.
The charges contained in the federal indictment primarily involved events occurring on May 23, 2016. On that date, Niagara Falls Police Officers spotted Ramos’ car on Pine Avenue and attempted to stop the vehicle. As officers approached, the defendant sped away. A high-speed chase ensued during which Ramos threw bags of cocaine and a gun from his car window. The cocaine struck the windshield of the officers’ car on Hyde Park Avenue, while the gun struck and shattered the rear window of another driver’s vehicle.
The chase, which involved multiple Niagara Falls Police vehicles, proceeded onto Grand Island, where a toll collector at the Grand Island Bridge reported that the defendant’s vehicle was traveling approximately 100 miles per hour as it went through the tollbooths. Once on Grand Island, Ramos abandoned his vehicle on Stony Point Road and fled into a wooded area. A few minutes later, the Erie County Sheriff’s Department received a call from an individual who identified himself as Gregory Ramos. The caller claimed his vehicle had been stolen in Niagara Falls by an unknown black male. The defendant Ramos was apprehended a short time later in a wooded area on the Island and taken into custody. At the time, Ramos was in possession of $3,640 in cash.
With Ramos having been convicted in federal court on these drug and gun charges, he remains under indictment on state murder and domestic assault charges involving the Anchor Bar shooting death and the beating of his girlfriend.
The verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for July 11, 2017, at 10:00 a.m. before U.S. District Judge Lawrence J. Vilardo, who presided over the trial.Bailey Boys Gang Member Sentenced for Involvement in Two ShootingsRead 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 Ramos, aka Little D, 26, of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 72 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that Ramos was a member of the Bailey Boys Gang. On December 30, 2010, the defendant was one of the shooters involved in a drive-by shooting during which Philip Brown, also known as "Skateboard," and a second, unidentified man were wounded. Believing that they had found members of a rival gang in the vicinity of Broadway and Sears on Buffalo’s East Side, Ramos and at least one other individual, all of whom were travelling in a van with several other individuals, fired a series of shots. Brown was hit in the shoulder, while the second individual was shot in the upper thigh.
Ramos is one of 10 individuals indicted in this case. Six defendants have been convicted, charges are pending against the remaining four 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 sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Williamsville Cocaine Trafficker Sentenced to 25 Years in PrisonRead 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 Jack Reid, III, 49, of Williamsville, N.Y., was sentenced, by U.S. District Judge Richard J. Arcara, to 25 years in prison and 10 years supervised release. Judge Arcara also ordered Reid to forfeit $1,000,000 and two properties in Williamsville and Amherst, NY. Reid’s sentence follows his conviction, after a jury trial, of conspiring to possess with intent to distribute five kilograms or more of cocaine and possessing with intent to distribute cocaine.
Assistant U.S. Attorney Timothy C. Lynch, who handled the sentencing, stated that beginning in 1990 through April, 2012, the defendant utilized family members and others as drug couriers and distributors of more than 50 kilograms of cocaine. The cocaine, which was obtained from sources in Rochester and New York, New York as well as Atlanta, Georgia, was distributed in various areas throughout Erie and Niagara Counties.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; and the Lockport Police Department, under the direction of Chief Michael Niethe.
Rochester Man Sentenced for Armed Drug 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 Wilfredo Sanchez, 21, of Rochester, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 60 months in prison and five years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that on May 18, 2016, two Rochester Police Department officers, who were working in a marked RPD patrol vehicle in the area of North Clinton Avenue, observed a vehicle pull away from the curb without signaling, in violation of the New York State Vehicle and Traffic Law. The officers stopped the car and the passenger, later identified as the defendant Sanchez, immediately exited the vehicle and began walking at a fast pace toward a corner store located at 1384 North Clinton Avenue. The officers asked Sanchez to stop and to return to the vehicle, which he did. Observing marijuana inside the vehicle, the officers arrested the defendant, and upon a search of his person, the officers discovered $1,660.00 as well as a handgun. The handgun, which was loaded with eight live rounds of 9mm caliber ammunition, had a defaced serial number. After his arrest, officers advised Sanchez that he was going to be searched again. Sanchez told the officers he had more drugs and a zip lock bag containing approximately 10 grams of heroin was recovered from his pants.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Lockport Man Indicted on Drug and Sex Trafficking 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 13-count superseding indictment charging Oliver Kimmons, 49, of Lockport, NY, with possession and distribution of heroin and fentanyl, maintaining a drug premises, and sex trafficking. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the superseding indictment, over the course of three years, the defendant solicited young, opiate-addicted women to have sex with paying customers. In exchange, Kimmons provided the victims with drugs. The defendant drove the victims to farms, dairies, and Indian Reservations in Western New York where they engaged in sex acts with paying customers. Kimmons collected the money from customers and then “paid” his victims in heroin. The defendant also had sex with the victims in exchange for drugs.
Kimmons was initially indicted on drug charges in March 2016 and has been in custody since his arraignment on those charges. The defendant is scheduled to be arraigned on the charges included in the superseding indictment on March 23, 2017, at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.
The superseding indictment is the result of an investigation by the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; the Lockport Police Department, under the direction of Chief Michael Niethe; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in Charge Kevin Kelly. The investigative team included Investigator Michael A. Licinio of the Niagara County Sherriff’s Office; Investigator Kevin Newman and Officer Eric Herrington of the Niagara County Drug Task Force; Theresa Nietzel of the Erie County Sherriff’s Office; Captain Brian Wentland of the Lockport Police Department; Special Agent Shane Nastoff of the Drug Enforcement Administration; and Special Agent Nathan Spisak of Homeland Security Investigations.
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.