Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Arrested on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Antwone K. Dean, 36, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute fentanyl and butyryl fentanyl, possession of a firearm in furtherance of drug trafficking, and possession of firearm and ammunition by convicted felon. The charges carry a minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the complaint, on November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection. Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of approximately 56 grams of powder containing fentanyl and butyryl fentanyl. Dean is on parole for a 2001 manslaughter conviction and is legally prohibited from possessing a gun.
The defendant was ordered detained today by U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and returned to state custody on a parole violation.
The criminal complaint is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Man Sentenced for His Role in Credit Card SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today Richard Lipke, who was convicted of conspiracy to commit access device fraud, was sentenced to six months in prison and ordered to pay $60,608.10 in restitution by U.S. District Judge Elizabeth A. Wolford.
The defendant was arrested with four others in June of 2016 after they were discovered to have been engaged in a variety of frauds involving credit cards. According to Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, between January 15, 2015, and February 2, 2015, one of defendant’s co-conspirators conducted a series of over-the-phone credit card purchase with stolen credit card account information at various Home Depot locations in Western New York. Defendant Lipke also utilized the stolen credit card information to conduct a series of fraudulent purchases from Home Depot during this period. Those fraudulent purchases totaled $48,208.10.
Moreover, between February 2015 and May 2015, defendant picked-up from retailers in the greater-Rochester area various equipment, including a jet ski, a watercraft trailer, with a combined value in excess of $20,000, which had been fraudulently purchased over-the-phone by one of his co-conspirators using stolen credit card account information.
Today’s sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Jury Convicts Two Men Who Masterminded String of Violent Home Invasions of All 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 a federal jury has convicted Matthew Nix, 37, of Rochester, NY, and Earl McCoy, 35, of Brooklyn, NY, of conspiracy to commit Hobbs Act robbery; attempted Hobbs Act robbery; Hobbs Act robbery; carrying and brandishing firearms during crime of violence; narcotics conspiracy; carrying firearms during drug trafficking crime; and possessing firearms as convicted felon. The charges carry a maximum penalty of life in prison and a $3,000,000 fine.
Assistant U.S. Attorneys Robert A. Marangola and Everardo A. Rodriguez, who handled the prosecution of the case, stated that the defendants were the leaders of a group of criminals who engaged in armed home invasions of individuals they believed were drug dealers, as well as a jewelry wholesaler in the Town of Greece. The group included Jecovious Barnes, Jessica Moscicki as well as McCoy’s younger brothers Clarence Lambert and Gary Lambert. All four have been convicted. Nix and McCoy identified and obtained information about victims and locations, brought accomplices to the locations, supplied firearms to accomplices, and distributed property stolen from home invasions. McCoy and other accomplices entered the locations brandishing firearms. They restrained the victims at gunpoint, and in some instances, bound them with plastic zip-ties and pistol-whipped them, demanding drugs and money. The defendants ransacked the residences, flipping over beds, yanking out drawers looking for large quantities of drugs and cash. They stole drugs, cash, cell phones, and even guns from locations. Nix, McCoy and their co-defendants also perpetrated the home invasion at the home of a jewelry wholesaler, stealing $200,000 in luxury watches, diamonds and cash. Specifically:
• On September 15, 2014, at a residence in Rochester, Clarence Lambert, Earl McCoy and Matthew Nix stole property from two victims against their will. Lambert and McCoy broke open a locked screen door to the residence, brandished firearms, and demanded money and drugs from the victims, who they mistakenly believed were drug dealers. The victims were zip-tied at gunpoint, and one was pistol-whipped while the defendants searched the residence. After finding no money or drugs, Lambert and McCoy stole a cell phone and fled the residence and the victims called the police.
• On September 18, 2014, Nix and McCoy brought Clarence Lambert and Jecovious Barnes to another residence in Rochester of what they believed to be a drug dealer. Nix and McCoy expected to find a stash of illegal pills and cash inside the residence. Lambert and Barnes stormed inside the location brandishing handguns and restrained the two victims at gunpoint, demanded money and drugs, and searched the residence. After finding no stash of money or drugs, Lambert and Barnes stole two cell phones and then left with Nix and McCoy, who were waiting outside.
• On the morning of September 23, 2014, Nix and McCoy drove Clarence Lambert, Jecovious Barnes and Jessica Moscicki another Rochester residence to break in and steal marijuana, heroin, cocaine, and cash. Lambert and Barnes, carrying a firearm, broke into the unoccupied residence and stole cash, marijuana, firearms and other items from inside.
• On October 7, 2014, Nix and McCoy and their accomplices went to the home of a jeweler in the Town of Greece. The jeweler’s business involved buying and selling and luxury watches, all of which were made outside the United States. While Nix and McCoy waited nearby, their accomplices stormed the residence, carrying and brandishing at least one firearm and other weapons. They threatened to kill the jeweler and his wife and demanded money and access to the safe. The victims were pistol-whipped and sustained serious injuries. The men stole luxury watches, diamonds, jewelry and cash worth over $200,000 in total, including numerous Mens and Ladies Rolex watches. After fleeing the residence, the accomplices met Nix and McCoy and gave them the stolen property. Nix and McCoy paid their accomplices in cash and stolen watches.
The verdict is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict; Special Agent-in-Charge, New York Field Division; 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; and the Rochester Police Department under the direction of Chief Michael Ciminelli.
The defendants will be sentenced on July 12, 2017 before U.S. District Judge Elizabeth A. Wolford who presided over the trial.
Buffalo Man Sentenced on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Alexis Javier Centeno-Baez, 22, of Buffalo, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and attempt to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 63 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Wei Xiang and Brendan T. Cullinane, who handled the case, stated that on August 25, 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed and revealed two individually wrapped kilograms of cocaine stuffed inside a LEGO box. During a controlled delivery, Centeno Baez went to the address and retrieved the package. When Drug Enforcement Administration Agents approached to arrest him, the defendant left the package in his car and fled on foot. Agents pursued Centeno Baez and apprehended him about three blocks away.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Lockport Man Arrested for Lewd Behavior on A Flight from Florida to BuffaloRead 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 the unsealing of a criminal complaint charging Gerald McErlean, 46, of Lockport, NY, with performing a lewd act aboard an aircraft in violation of Title 49 of the United States Code. The charge carries a maximum penalty of 90 days in prison and a $5,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on March 8, 2017, the defendant exposed himself and masturbated on a Southwest Airlines flight from Fort Lauderdale, Florida to Buffalo. McErlean was observed engaging in the act by two women, who sought to block his behavior from the view of a toddler who was also traveling with them. When one of the woman "called [him] out on what he was doing," the defendant stopped.
Another passenger, who also noticed the defendant’s behavior, called for a flight attendant who subsequently moved McErlean to the back of the airplane. When the flight arrived in Buffalo, having traveled the distance with the cabin lights on, the defendant was arrested by officers from the Niagara Frontier Transportation Authority Police.
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released on bail pending a detention hearing on March 17, 2017.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Hogansburg Man Pleads Guilty to Possession of Contraband CigarettesRead 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 Ian Tarbell, 44, of Hogansburg, NY, pleaded guilty to possession of contraband cigarettes before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that the defendant was arrested on February 18, 2016, in Pembroke, NY, following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was driving a truck that was pulling a trailer loaded with untaxed and unstamped cigarettes. In total, the defendant was transporting more than 900,000 unstamped and untaxed cigarettes.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.; and the New York State Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.
Sentencing is scheduled for June 23, 2017, at 1:00 p.m. before Judge Arcara.
Buffalo Man 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 Reginald Brown, 49, of Buffalo, NY, who was convicted of possessing with intent to distribute and distributing cocaine, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 9, and November 16, 2011, the defendant sold approximately 13 grams of cocaine to a confidential informant working with the Federal Bureau of Investigation.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.
Gowanda Man Arrested and Charged with Production and Distribution 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 Shane Michael Aurand, 20, of Gowanda, NY, was arrested and charged by criminal complaint with production and distribution of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that according to the complaint, in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven-year-old child that he produced while babysitting the child at his house. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on March 16, 2017, at 10:15 a.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Sentenced for Conspiracy to Distribute HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jeannette Knightner, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute; and to distribute; heroin within 1,000 feet of public housing authority property, was sentenced to time served by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that in June of 2014, the defendant agreed with Reginald Royal, Sr. to store heroin at a residence at 31 Olcott Lower in Lackawanna. On June 11, 2014, Reginald Royal, Sr. sold $100 worth of heroin to a confidential informant at Royal, Sr.’s residence at 1 Olin Lane which is part of the Baker Homes Public Housing Projects, a public housing facility owned by the Lackawanna Municipal Housing Authority. The heroin Royal sold to the confidential informant was retrieved from the defendant’s residence.
In addition, at the request of co-defendant Royal, Sr., on June 17, 2014, the defendant drove to Columbus, Ohio with another individual and purchased 23.5 grams of heroin for $2,200 that Royal, Sr. had provided to her. On June 18, 2014, as Knightner was driving back to New York, she and another individual were pulled over by the Erie County Sheriff’s Office near Angola, NY and the heroin was discovered in the defendant’s purse.
For his role, Reginald Royal, Sr. has been convicted and is scheduled to be sentenced on April 12, 2017.
Today’s sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie County Sheriff’s Office, under the direction of Timothy Howard.
Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Marquis McMillian, 25, of Rochester, NY, who was convicted of drug distribution, firearms possession and use of violence and threats of violence, was sentenced to 25 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Everado A. Rodriguez, who handled the case, stated that McMillian participated in a large and long term drug distribution conspiracy. The defendant admitted distributing over 280 grams of crack cocaine in the Rochester area. McMillian also admitted that he possessed firearms during his drug distribution activities and that he used violence and the threat of violence during his drug dealing.
In a related prosecution, McMillian was previously convicted in state court following a jury trial of assault and attempted murder in connection with the shooting of two men in June of 2012.
The defendant was indicted along with nine other individuals in February 2013 for their involvement in the violent drug distribution conspiracy which was based in Rochester and headed by co-defendant Tyshawn Simmons. To date, nine defendants have been convicted including Simmons, who was convicted of committing murder in furtherance of the drug distribution conspiracy. Simmons is scheduled to be sentenced on April 4, 2017.
Today’s sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Rochester Man Admits to Committing Seven Bank RobberiesRead 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 Khiry T. Aiken, 26, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant admitted to robbing three federal credit unions and four banks in the Rochester and Buffalo, NY areas in 2016. Specifically, Aiken admitted to robbing the following financial institutions on the following dates:
• Advantage Federal Credit Union, 1625 Mt. Hope Avenue, Rochester, on April 16, 2016;
• Key Bank, 1475 Mt. Hope Avenue, Rochester, on May 25, 2016;
• First Niagara Bank, 1989 Clinton Street, Buffalo, on August 9, 2016;
• Summit Federal Credit Union, 1660 Monroe Avenue, Brighton, on August 15, 2016;
• Northwest Savings Bank, 3517 Union Road, Cheektowaga, on August 24, 2016;
• Advantage Federal Credit Union, 1625 Mt. Hope Avenue, Rochester, on August 29, 2016; and
• First Niagara Bank, 3051 Sheridan Drive, Amherst, on September 13, 2016.
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 Rochester Police Department, under the direction of Chief Michael Ciminelli; the Brighton Police Department, under the direction of Chief Mark Henderson; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack.Sentencing is scheduled for June 12, 2017, at 3:30 p.m. before Judge Geraci.
Buffalo Man Arrested for Selling Drugs Near A Buffalo SchoolRead 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 Thomas Cox, 49, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, cocaine within 1,000 feet of a school or playground. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of life.
“By openly operating what essentially was a drug market in such close proximity to a school, this defendant has earned himself the opportunity to receive a well-deserved extra-credit bonus when it comes to punishment in the event he is convicted of the crime with which he has been charged,” said Acting U.S. Attorney Kennedy.
DEA Special Agent-in-Charge James Hunt stated, “Buffalo’s law enforcement agencies combined resources to arrest this alleged drug dealer responsible for fueling drug addiction and drug-related crime throughout our neighborhoods. Expediently, we identified and removed a threat in arms’ length of school children, putting them in harm’s way. Neither law enforcement nor our communities tolerate drug trafficking, and these arrests prove that by working together we send a message to traffickers that we will continue to weed you out.”
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, in February 2017, law enforcement officers began an investigation into the cocaine, crack cocaine, and marijuana distribution activities of the defendant out of a residence at 45 A Street in Buffalo.
On March 3, 2017, officers conducted surveillance of the residence at 45 A Street and witnessed the defendant discussing the sale of cocaine with an individual. Cox was then observed getting into vehicle and driving a short distance to a residence at 325 Mills Street. After a few minutes inside, the defendant left the Mills Street residence and returned to the A Street residence. Cox was then observed selling a plastic sandwich bag containing a quantity of white powder that had been compressed into a chunk. The substance tested positive for the presence of cocaine.
A few days later, on March 8, 2017, officers once again surveilled the A Street address and noticed traffic coming and going from the residence. Cox was observed exiting the front door of the residence and traveling once again to 325 Mills Street. Once again, the defendant eventually returned to the A Street residence and provided cocaine to another individual.
On March 10, 2017, officers executed a search warrant at 325 Mills Street and discovered a small safe in the attic area which contained a substantial amount of United States Currency and a blue canvas bag containing two plastic baggies of suspected crack cocaine, a digital scale with drug residue, and numerous empty plastic sandwich bags. A search of 45 A Street revealed a large quantity of small Ziploc bags commonly used for packaging crack cocaine. A DVR video recording system which recorded the interior and exterior of 45 A Street was also seized. The defendant was found inside 45 A Street when the search warrant was executed and arrested. The residences at 325 Mills Street and 45 A Street are located within about 230 feet and 72 feet of Buffalo Public School 59, The Science Magnet School located at 50 A Street.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Timothy Howard; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Buffalo Man Arrested for Enticing 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 Brett Schultz, 37, of Buffalo, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity, attempted enticement of a minor, and transferring obscene matter to a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on March 10, 2017, the defendant sent a message to what he believed was a 14 or 15 year old high school girl online. The individual was actually an undercover law enforcement officer. During an online conversation, Schultz asked: “You like older men? The undercover officer responded: “Hi, yes I do;-). Schultz then replied: “Nice well ill spoil you if your a good girl to me.” As the conversation continued, the defendant asked: So how old are you really? The undercover officer responded: “Ru gonna be mad? I'm not 18 yet. I'm almost 16 tho.” To which Schultz responded: “I'm not mad just don't want trouble.” In the afternoon of March 10, 2017, Schultz sent the undercover officer a naked picture of himself in a text message. The defendant also asked the undercover officer multiple times to send sexual pictures in return.
On March 11, 2017, Schultz sent three more naked images of himself to the undercover officer and once again asks for an image to be sent to him in return. Later in the day, the defendant and the undercover officer made plans to meet the next day. During that conversation, the undercover officer said “our secret right?” Schultz replied: "Yes I don't want to go to jail i have a son a house and a life."
A day later, on March 12, 2017, at approximately 7:10 p.m., Schultz pulled into the parking lot of a local coffee shop. The defendant was then approached and arrested by special agents with Homeland Security investigations.
The defendant was ordered detained following a detention hearing this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder.
The 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 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.LRGP Member Sentenced for Rico Conspiracy Involving Murder and 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 Philip Brown, 24 of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 240 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between 2009 and January 23, 2012, Brown was an associate of the LRGP gang which operates primarily in the area of Lombard, Rother, Gibson, and Playter Streets in the City of Buffalo. It is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.In April 2011, the defendant and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing of Alonzo Scott, one month earlier. Scott was the brother of LRGP leader Dewayne Gray. The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang, and who had an ongoing social relationship with Alexis Mills.
After a failed attempt by Mills to poison Amir Chambers, it was agreed that co-defendant Fred Keys would kill Chambers by shooting him. Mills was to use her relationship with Chambers to get the victim to open his residence door. On April 20, 2011, the defendant, along with Mills and two others – Fred Keys and Timothy Finch - went to a residence at 111 Mills Street in Buffalo where they dropped off Keys and Mills. Chambers opened the residence door upon seeing Mills at which time Keys killed Chambers by shooting him in the head. Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased. Keys later called 911 to report that there was a “body” at 111 Mills Street.
Philip Brown is the final defendant out of 17 individuals to be convicted and sentenced in this case.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Office; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Convicted Felon Sentenced for Gun PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Green, 33, of Rochester, NY, who was convicted of being a felon in passion of a loaded firearm, was sentenced to 42 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on August 9, 2016, Green was arrested by United States Marshals and Rochester Police officers on Child Street in Rochester. The defendant was wanted on an outstanding bench warrant for an unrelated felony matter being handled in Monroe County Court. At the time of his apprehension, Green was in possession of a Raven Arms .25 caliber pistol, loaded with one round in the chamber and six rounds in the magazine.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the United States Marshals Service, under the direction of Charles Salina; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division.
Cheektowaga Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Justin Griffin, 38, of Cheektowaga, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that on four occasions in August and September of 2016, the defendant sold cocaine to a confidential source. On September 21, 2016, DEA agents executed a search warrant at 2067 Broadway Avenue (upper) in the Town of Cheektowaga. Griffin was located inside the apartment in the possession of three cellphones. A plastic bag with cocaine residue was located inside a closet of the apartment. One of the three cellphones in the defendant’s possession matched the phone number used by Griffin to set up the undercover sales he made with the confidential source.
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 Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for June 21, 2017, at 10:00 a.m. before Judge Skretny.
VA Psychiatrist Charged with Fraud and Money LauderingRead 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 Dr. Xingjia Cui, 52, of Pittsford, NY, was arrested and charged by criminal complaint with health care fraud, money laundering and tax fraud. The charges carry a maximum sentence of 20 years in prison and a fine of $500,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant is employed full-time by the Canandaigua Veterans Administration Medical Center. In addition, Dr. Cui also maintains a private practice in Canandaigua, NY.
According to the complaint, the investigation began when the FBI was advised by the Ontario County Sheriff’s Office of a suspicious jailhouse telephone conversation regarding Dr. Cui and his drug prescribing habits. During the call, an inmate stated that the defendant prescribed controlled substances to area drug users without medical examinations.
An analysis of billing records from multiple private health insurance companies showed that Dr. Cui claimed to be spending from 10 to 17 hours per weekend day providing individual therapy sessions through his private medical practice. However, video surveillance on multiple days over several months, showed multiple people visiting the defendant’s private practice on evenings and weekends but a vast majority stayed very briefly, and not long enough for Dr. Cui to provide basic medical services which is needed to support the matters being billed.
Subsequently, an undercover FBI agent posed as a patient on five occasions with Dr. Cui. The undercover agent paid cash at each visit, with the first visit costing $300 and the following visits costing $100. The first visit lasted approximately 23 minutes with the defendant asking the undercover agent several questions including family history and drug use but at no point did Dr. Cui conduct a physical examination or request a urine toxicology. The other four visits lasted between five and nine minutes.The records of 30 of Dr. Cui’s patients with health insurance were obtained and a thorough review determined that, in the majority of instances, the defendant improperly billed the health care benefit programs for services that he did not provide.
For example, Sample Patient 1 (“SP1”), with insurance through Excellus, was seen by Dr. Cui between December 2014 and November 2015 for a total of 29 appointments. SP1 was interviewed by law enforcement officers and stated that his initial appointment with the defendant lasted approximately 20 minutes, but each subsequent appointment with Dr. Cui lasted less than five minutes. In addition, SP1 stated that he could not recall Dr. Cui performing a physical examination or taking a medical history, and that his appointments only consisted of Dr. Cui asking him if the medication was working. SP1 stated that the appointments were basically to pick up his prescription, and that no counseling or therapy was provided. SP1 indicated that he did not have a co-payment associated with his treatments, but that after five or six appointments, Dr. Cui informed him because he (Dr. Cui) was a smaller medical provider, he was “picked on” by the insurance companies, and would now have to charge SP1 $60 for his appointments. SP1 was not aware if Dr. Cui continued to bill Excellus for his appointments after he started paying Dr. Cui $60.00 cash for the visits. Based on a review of the records submitted by Dr. Cui to Excellus, it is alleged that the defendant defrauded the health insurance program by improperly billing for services he did not render, and by double billing the patient and the health insurance program for the same services.
The investigation determined that approximately 61% of Dr. Cui’s claims reimbursed by Excellus were fraudulent, totaling approximately $198,820.38. According to the complaint, Dr. Cui deposited the health care fraud proceeds into multiple personal accounts at Chase Bank and then transferred some of this money into a TD Ameritrade account. In addition, payments from other health insurance providers and large amounts of cash were also deposited, much of which likely pertains to co-payments or the full cost of an office visit paid out-of-pocket in cash by patients. This cash was not deposited along with checks into the Chase account as one would typically expect for a medical doctor’s private practice. Instead, the cash was deposited typically in $5,000 or $10,000 increments at a time.
Interviews were conducted with Chase Bank employees who were familiar with Dr. Cui. One employee recalled on one occasion Dr. Cui deposited exactly $10,000. The employee believed this was an attempt to avoid the currency reporting requirements. The employee recalled that Dr. Cui would come in week after week with large amounts of cash, mostly in $20 bills.
From approximately May 6, 2011, to March 30, 2015, Dr. Cui knowingly and willfully prepared, signed, and submitted false forms for the tax years 2010 to 2014. The defendant failed to report at least $381,447 of known income from his medical practice.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and was released. Dr. Cui is due back in court on May 24, 2017 at 9:30 a.m.
The complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Internal Revenue Service, Criminal Investigations Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge, New York Field Office; the New York State Department of Financial Services, under the direction of Superintendent Maria T. Vullo; the New York State Medicaid Fraud Control Unit, under the direction of William Falk; and the Ontario County Sheriff's Office, under the direction of Sheriff Philip Povero.
Rochester Man Sentenced on Heroin 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 Jeffrey M. Patton, 27, of Rochester, NY, who was convicted of possession with intent to distribute heroin, was sentenced to 18 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on February 21, 2016, Patton was found inside an apartment at 1205 Jay Street in Rochester as parole officers with the New York State Department of Corrections and Community Supervision were attempting to locate a parole absconder. While searching the residence, parole officers observed a firearm on top of a bedroom dresser and also located a quantity of heroin on Patton’s person. Officers from the Rochester Police Department responded to the location and after securing a search warrant, discovered additional items of contraband consistent with heroin distribution.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division.
Rochester Man Pleads Guilty to Sex Trafficking ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Zaylik Harrison, 21, of Rochester, NY, pleaded guilty to sex trafficking of a minor, before U.S. District Judge Charles J. Siragusa. The charge carries minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine. The defendant will also have to register as a sex offender.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between September 30, 2016, and October 6, 2016, Harrison recruited a teenaged girl to engage in commercial sex acts at the Gates Motel, on Buffalo Road in Gates, NY. The defendant then posted advertisements for the minor on Backpage.com. Harrison rented rooms in the motel where the victim was forced to engage in prostitution activities over several days with adult males. The defendant kept the proceeds of those activities.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Monroe County Sheriff’s Office, under the direction of Patrick O’Flynn; the Erie County Sheriff’s Office, under the direction of Timothy Howard; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County District Attorney’s Office, under the direction of Sandra Doorley; and the Erie County District Attorney’s Office, under the direction of John Flynn.
Sentencing is scheduled for June 8, 2017 before Judge Siragusa.
Convicted Felon Pleads Guilty to Attempting to Re-Enter the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Sandor Lorant Felhazi, 32, of Hungary, pleaded guilty to attempting to re-enter the United States following a felony conviction, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on February 7, 2017, Felhazi attempted to enter the United States at the Rainbow Bridge port of Entry. The defendant was previously convicted in Georgia and Texas of felony theft, manufacturing false identification documents and tampering with governmental records. As a result, Felhazi needed permission to reapply for admission into the United States.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for June 21, 2017 at 1:00 p.m. before Judge Arcara.
Cheektowaga Man Charged with 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 Thomas Cascio, 51, of Cheektowaga, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on March 6, 2017 at approximately 1:09 p.m., an individual entered the Key Bank at 5200 Main Street in Amherst, NY. The individual, wearing a hard hat, safety vest, and eye protection goggles, approached a teller and passed a bank robbery note. The teller only recalls reading the word “Robbery” at the top of the note before the individual took the note back and told her to “Hurry up!” and “Don’t give me funny money!” The teller gave money to the individual who then departed the bank. Witnesses described the individual as having a distinctive beak like nose and gray hair.The Amherst Police Department issued a high quality bank robbery surveillance photo to local media stations which aired the photo on the evening of March 6, 2017 asking for public assistance. On March 7, 2017, a total of eight people contacted either the Amherst Police Department or FBI identifying the robber as Thomas Cascio. In addition, there were numerous anonymous calls to the Amherst Police Department that identified Cascio as the bank robber.
In 2000, the defendant was convicted in federal court of four bank robberies and sentenced to 48 months in prison. In some of those robberies, Cascio’s movements were similar to his alleged movements on May 6, 2017, including taking the note back from the teller before leaving the bank.
In 2009, Cascio was convicted in state court of three bank robberies and served two years in prison.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Tenesee Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that David E. Rhoades, 36, of Goodlettsville, Tennessee, who was convicted of possession of a firearm as an unlawful user of a controlled substance, was sentenced to 15 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on August 28, 2016, the defendant attempted to enter Canada at the Peace Bridge Port of Entry. Rhoades was refused entry for possessing a loaded gun. The defendant was escorted by the Canada Border Services Agency back into the United States to U.S. Customs and Border Protection. The gun was a 9mm pistol for which Rhoades did not have a permit to carry. Drug paraphernalia, including a pill bottle with cocaine residue, a pipe, rolling papers with marijuana residue, and a scale, was also found in the car and seized by officers. As he was arrested, the defendant admitted being a cocaine user.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Rose Brophy; Director of Field Operations; and the Canada Border Services Agency.Georgia Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Eric Hubbard, 34, of Stone Mountain, Georgia, pleaded guilty to being a felon in possession of a firearm before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on June 19, 2014, the defendant was walking down Genesee Street and was approached by a pair of Buffalo Police Officers. After refusing to show identification, the officers patted Hubbard down and detected a gun. A search revealed a 9mm semi-automatic handgun, and 13 rounds of ammunition. The defendant subsequently stated to the arresting officers that the gun was “his girl’s” and that he was carrying it to protect himself.
As a result of two prior convictions in the State of Michigan, the first in 2002 for breaking and entering, and the second in 2003 for attempting to break and enter and assaulting or resisting a police officer, the defendant is prohibited from legally possessing a firearm.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for June 21, 2017, at 9:00 a.m. before Judge Skretny.
Former Amherst Woman Sentenced for Her Role in Plot to Murder Ex-HusbandRead 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 Debra Arno, 58, formerly of Amherst, NY, who was convicted of solicitation of interstate murder for hire, was sentenced to time served (21 months) by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that on May 26, 2015, the Kenmore Police Department received a tip about a murder for hire plan. On May 27, 2015, Kenmore Police, with the assistance of the East Aurora Police Department, identified the victims, who included Arno’s ex-husband and his current wife, and made them aware of the potential murder-for-hire plot.
On May 28, 2015, a search warrant was executed at the residence of co-defendant Lauren Frye, the person solicited by Arno to carry out the murders. Officers seized a number of items including multiple letters from Arno to Frye, photos of the intended victims, a diagram of their residence, and a schedule of their activities. In one letter written by Arno to Frye, Arno stated “I am enclosing $6000. I will give you an additional $14,000 upon completion. A total of $20,000. A man, his description and address enclosed, is to be eliminated or hurt. He lives with 2 other people. Both expendable (if there is an accident).”
During the search of Frye’s residence, officers also seized two cellular telephones and three shotguns. The cellular telephones revealed extensive text messaging between Arno and Frye. Arno repeatedly implored Frye to get the murder done.
Frye was also previously convicted and sentenced to 18 months in prison.
Today’s sentencing is the result of an investigation by the Village of Kenmore Police Department, under the direction of Chief Peter Breitnauer; the East Aurora Police Department, under the direction of Chief Ronald Krowka; and the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Canadian Man Sentenced for Visa FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Liban Mumin Afrah, 42, of Ontario, Canada, who was convicted of possessing a visa secured by fraud, was sentenced to time served and a fine of $2,000 by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in 1996, the defendant, a Canadian citizen originally from Somalia, entered the United States from Canada and applied for asylum under the alias Ali Hussein Ali. Afrah claimed that he feared he would be harmed if he returned to Somalia because he is a member of the minority Reer Hamar tribe. At the time of the fraudulent asylum application, the defendant had already been granted asylum by Canada under his real identity and was residing in Canada. Afrah was granted a green card by the United States under the false identity Ali H. Ali and traveled between the United States and Canada using both his Canadian passport under his real identity and his fraudulently obtained United States green card. The defendant most recently renewed his green card under his fake name in June 2015.
The sentencing is the result of an investigation United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Buffalo Man Sentenced 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 Anthony Thompson, a/k/a Fresh Tone, 36, of Buffalo, NY, who was convicted of sex trafficking of a minor, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $399,000 in restitution to the victims in this case.
Assistant U.S. Attorneys Marie Grisanti and Trini E. Ross, who handled the case, stated that Thompson engaged in the sex trafficking of two adults and one minor, between November 2012 and September 2014. The defendant recruited and enticed the three victims to engage in commercial sex acts at his direction. One of the victims was recruited through social media. Thompson then advertised the availability of the victims on social media including “Backpage.com.” The defendant also required that some victims “walk the streets” in order to attract customers for commercial sex. As a result, Thompson received all the money earned from the commercial sex acts by the victims.Thompson pleaded guilty in April 2016 just as a federal jury was to begin hearing evidence involving the charges against him. Some of that evidence included profane and degrading rap lyrics that the defendant wrote regarding women and prostitution as well as social media postings by Thompson which glorified the sexual exploitation of women. In one posting comparing the sale of women to the sale of narcotics, the defendant stated: “U can sell it n still have it after you sell it. It goes nowhere….u don’t have to re up, or u not riskin years n jail.” Acting United States Attorney Kennedy noted that 188 months in prison equals 15 and one-half years in jail.
The sentencing is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Kevin Kelly; the Cheektowaga Police Department, under the direction of Chief David Zack; the Erie County Sheriff’s Department, under the direction of Timothy Howard; and the Western New York Human Trafficking Task Force.
Lancaster Man Sentenced on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Lombardo, 25, of Lancaster, NY, who was convicted of possession and receipt of child pornography, was sentenced to 188 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in May, 2014, a 15-year-old female reported to Lancaster Police that three or four years earlier when she was 12 or 13 years old, she was contacted on the social media site “Kik” by an unknown male calling himself “Chris Richardson.” Victim 1 stated that “Chris Richardson” requested that she send him naked pictures. If she refused, Victim 1 said that “Chris Richardson” claimed he would post the pictures of her on the internet to exploit her. Victim 1 sent numerous naked pictures of herself to “Chris Richardson.” Victim 1 confided in another female who stated that “Chris Richardson” had also solicited pictures and was extorting her.
That female to Victim 1 about a male identified as “Dan” who would help her. Victim 1 was contacted by “Dan” who said she would help her if she hung out with him. Victim 1 agreed and chatted with “Dan” on a daily basis for several weeks. “Dan” also requested naked pictures and Victim 1 complied. Victim 1 and “Dan” eventually met in person and over the next few weeks had sexual contact several times. “Dan” asked Victim 1 for permission to record one of their sexual encounters which he would put on the internet and make money for her. Victim 1 is unsure if she was videotaped. Victim 1 stated that she told “Dan” her actual age.
On May 9, 2014, in a police photo array, Victim 1 identified the defendant as “Dan.” On that same day, police recovered several items, including a laptop, during the execution of a search warrant at Lomabardo’s Lancaster residence.During a forensic analysis of the contents of the laptop computer, officers discovered images of a 13-year-old female (Victim 2). The images were sent to the defendant by phone. In a subsequent interview with Victim 2, she indicated that she met Lombardo on meetme.com. Victim 2 also indicated that the defendant identified himself as “Chris Richardson.”
The forensic analysis also revealed pictures of a 16-year-old female (Victim 3) who told police she also met the defendant on meetme.com. Victim 3 had sexual contact with Lombardo and also sent 30 to 40 naked pictures of herself to the defendant.
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 Lancaster Police Department, under the direction of Chief Gerald Gill; and the Cheektowaga Police Department, under the direction of Chief David Zack.
Lackawanna Man Pleads Guilty to Distribution of Crack 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 Theodore Hines, 32, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine, before Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June and August, 2014, the defendant sold crack cocaine to a confidential informant working with law enforcement officers. The purchases occurred within 1000 feet of the Gates Housing Projects in Lackawanna.
Hines is one of 18 defendants arrested in a large scale drug trafficking operation that operated in and near the Gates Housing Project. To date, seven defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.Sentencing is scheduled for June 21, 2017, at 9:00 a.m. before Judge Skretny.
Buffalo Man Indicted on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned a two count indictment charging Eli Clark, 25, of Buffalo, NY, with possession with intent to distribute crack cocaine and maintaining a drug-involved premises. The charges carry a maximum penalty of 20 years in prison and a $5,000,000 fine.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, during the early hours of October 21, 2016, a search warrant was executed at the defendant’s house on Crowley Avenue in Buffalo. Police recovered approximately 250 grams of crack cocaine inside Clark’s kitchen.
Clark was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is detained pending further proceedings on March 10, 2017, at 2:00 p.m.
The indictment is the result of an investigation by the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Erie County Sheriff’s Department, under the direction of Timothy Howard; 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 defendant is presumed innocent until and unless proven guilty.
Buffalo Man Pleads Guilty to 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 Joshua Butler, 42, of Buffalo, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on April 13, 2016, Butler was convicted in state court of one count of promoting a sexual performance by a child, and subsequently sentenced to 10 years probation. On July 19, 2016, an Erie County Probation Officer searched Butler’s residence and recovered two cellular phones with internet capabilities, which Butler was prohibited from having. A forensic examination determined that one phone contained over 300 images of child pornography, some of which depicted children under the age of 12, as well as images of violence.
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, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for June 13, 2017 before Judge Vilardo.
Irondequoit Police Officer Charged with Cyber Stalking His Ex-GirlfriendRead 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 William Robert Rosica, 50, of Irondequoit NY, was arrested and charged by criminal complaint with stalking and unlawful access to a protected computer. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, following the victim (L.M.) decision to end a three-year relationship with Rosica in February 2016, the defendant set out on nearly a year-long campaign to harass and torment the woman. Between March 2016 and February 28, 2017, the defendant targeted the victim with a barrage of harassing text messages, phone calls, and emails. In addition, the victim's work email account and online medical system had numerous unauthorized access attempts. Rosica also targeted the victim's ex-husband and co-workers.The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on March 3, 2017, at 10:30 a.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and New York State Police under the direction of Major Richard Allen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo/Jamaican Drug Dealer Pleads Guilty to Bribery of Postal CarrierRead 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 Rudolph Dwight Hanchard, 39, a Jamaican national living in Buffalo, NY, pleaded guilty to bribery of a public official and attempt to possess with intent to distribute marijuana, before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Hanchard received mail parcels from California and Arizona that contained marijuana for sale in Buffalo. Among his associates was then-postal carrier Briana Fugate who ensured the delivery of the defendant’s packages. In addition to receiving his own parcels containing marijuana, Hanchard paid Fugate for more marijuana worth approximately $30,000. Fugate stole the marijuana from other mail parcels that were part of her delivery route. This arrangement spanned August to October 2015.
Fugate was convicted for accepting bribes to help deliver shipments of illegal drugs, distribution of marijuana, and delay of mail.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Adam S. Cohen; the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski; and 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 June 5, 2017, at 1:00 p.m. before Judge Vilardo.
Aggravated Felon Pleads Guilty to Reentering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Horace Garfield Tajah, 35, of Kingston, Jamaica, pleaded guilty to reentering the United States after a conviction for an aggravated felony before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that on January 23, 2013, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. Tajah was in possession of a valid United States passport belonging to another individual and claimed to be an American citizen. Standard database checks revealed that Tajah was an aggravated felon. In 2010, Tajah was convicted in the Southern District of New York of multiple charges including drug, gun, and conspiracy to commit murder charges. The defendant was sentenced to 72 months in prison, and after serving his sentence was deported to Jamaica on December 28, 2012, and banned from the United States for life.
The plea is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for June 5, 2017, at 10:00 a.m. before Judge Vilardo.
Rochester Woman Sentenced on Sex Trafficking ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr., announced today that Jodia Campbell, 35, of Rochester, NY, who was convicted of transporting individuals across state lines with intent that the individuals engage in illegal sex acts, was sentenced to 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Tiffany H. Lee and Melissa M. Marangola, who handled the case, stated that in April 2013, Campbell transported an adult from New York to the State of New Jersey for the purpose of engaging in prostitution.
Campbell was arrested in April 2014 along with Laree Greggs and Jennifer Miller. Greggs and Miller have been convicted and were sentenced to 80 months and 70 months in prison respectively.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Frewsburg Man Sentenced for Health Care FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Leo A. Kronert, Jr., 66, of Frewsburg, NY, who was convicted of healthcare fraud, was sentenced to three years supervised release to include six months of home confinement and 100 hours community service by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay $59,449.00 in restitution.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant, then a full-time teacher at Salamanca High School and a part-time chiropractor in Salamanca, submitted false claims for payment to Medicare and private insurance companies seeking reimbursement for health care services allegedly provided in connection with his chiropractic practice. The fraudulent claims totaled approximately $92,000, and included bills for patient visits on dates during which Kronert was travelling out of the area and bills for an individual who did not reside in Western New York.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge and the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Scott Lampert.
Austrian Man Arrested on Illegal Reentry 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 Yaacov Yosef Deutsch, a/k/a Jakob Deutsch, 48, of Vienna, Austria, was arrested and charged by criminal complaint with unlawful reentry of a removed alien and making a false statement to a federal officer. The charges carry a maximum penalty of five years and $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, on February 27, 2017, the defendant, who had previously been removed from the United States, attempted to enter the United States at the Rainbow Bridge Port of Entry without the consent of the Attorney General of the United States or the Secretary of Homeland Security. Such consent and permission is required in instances in which a person has previously been deported or removed from the United States. During the process seeking admission to the United States, Deutsch also made false statements to a federal officer.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on March 6, 2017, at 2:00 p.m.
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 and Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Whitesville Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Timothy J. Billings, 31, of Whitesville, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, 50 grams or more of a mixture and substance containing methamphetamine. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $5,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January of 2011 and October 25, 2011, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restriction on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Billings engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.
The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Region; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.
Sentencing is scheduled for June 1, 2017, before Judge Vilardo.
Silver Springs Man Arrested on 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 Ronald Caryl, 24, of Silver Springs, NY, was arrested and charged by complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison and a maximum of 20 years in prison.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on February 14, 2017, the defendant began communicating on MeetMe.com, a social networking service, with a 23-year-old woman in Nashville, Tennesee. During the conversation, the two began to discuss Caryl providing the woman with $300 to have sex with her. The woman wrote, “just $300 and u do what u want to me.” The defendant replied, “do you have a young girl who could join I’ll pay more...you into young girls”? The woman responded, “as long as they r 18 and older”, to which Caryl replied, “Ya I meant younger I’ll pay 6000.” The woman replied, “I can’t put things in her mouth she gets sick she’s disabled.” The defendant went on to say, “show me your daughter” and then the woman allegedly sent a picture to the defendant. Caryl continued to press the woman to send naked pictures of her one-year-old daughter.
A MeetMe.com staff member identified the possible endangerment of a minor and illegal content and notified the National Center for Missing and Exploited Children (NCMEC). On February 24, 2017, NCMEC notified the FBI of the content which was traced to an IP address belonging to the defendant. Caryl was arrested this morning.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained pending a detention hearing on March 2, 2017, at 2:30 p.m.
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. Additional assistance was provided by the Wyoming County Sheriff’s Office, Cheektowaga Police Department, and the Niagara County Sheriff’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Guinean National Charged with Possessing Fake PassportRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Abdoulaye Barry, 25, a legal, permanent resident from Guinea, was arrested and charged by criminal complaint with possessing a fraudulent passport and aggravated identity theft. The charges carry a minimum mandatory penalty of two years in prison, a maximum of 10 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, on February 26, 2017, the defendant was found at the Rainbow Bridge with a fraudulent United States Passport card. That card, which contained the defendant’s photograph, bore the name and passport card number of another individual. Barry also had a fraudulent Ohio driver’s license bearing her photograph but the name of another individual, as well as a Florida Driver’s license bearing the name and photograph of another person. Barry was also in possession of a debit and credit card matching the name on the fraudulent Ohio driver’s license.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on March 7, 2017, at 11:00 a.m.
The criminal complaint is the result of an investigation by the United States Department of State, under the direction of Resident Agent-in-Charge William Ferrari, Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Aggravated Felon Sentenced for Attempting to Re-Enter United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, announced today that Alfredo S. DePina, 27, who was convicted of attempting to reenter the United States after having been deported subsequent to a conviction for an aggravated felony, was sentenced to 16 months in prison by U.S. District Judge Lawrence J. Vilardo. DePina is a citizen of Cape Verde, an archipelago located about 400 miles off the western coast of Africa.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on August 23, 2016, the defendant attempted to enter the United States from Canada at the Amtrak Train Station, Niagara Falls Port of Entry. DePina presented identification to a U.S. Customs and Border Protection Enforcement Officer who conducted a primary electronic name query. The query and a subsequent fingerprint match confirmed that the defendant had been previously deported from the United States in August 2010 and barred for life after he was convicted in Massachusetts of inducing a person under 18 to have sexual intercourse.
The sentencing is the result of an investigation by the United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Three Rochester Residents Charged with Tax FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jason Jimenez, 38, Jessica Rosario, 36, and Ashley Walker, 32, all of Rochester, NY, were arrested and charged by criminal complaint with conspiracy to defraud the Internal Revenue Service and preparing fraudulent tax returns. The charges carry a maximum penalty of five years in prison and a $250,000.
Assistant U.S. Attorney Melissa Marangola, who is prosecuting the case, stated that according to the criminal complaint, between 2012 and 2015, defendant Jimenez oversaw the tax preparation service “Fast Cash Tax.” Defendants Rosario and Walker were employed as tax preparers. Law enforcement officers were notified by some customers of the defendants that information, including earnings income, included on their tax returns was fraudulent and inflated which resulted in a higher tax return.
The defendants made an initial appearance before U.S. Magistrate Judge Marian Payson. They were released and will return to court on March 24, 2017, for a status conference.
The arrest was the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Kathy A. Enstrom.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rose Smith, 66, of Buffalo, NY, pleaded guilty to possession with intent to distribute fetanyl, oxymorphone, oxycodone, and hydrocodone, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that on February 7, 2014, a search warrant was executed at the defendant’s residence on Littlefield Avenue in Buffalo. Officers recovered a large number of prescription pills, patches and two firearms. Subsequent analysis determined that the drugs and patches contained oxycodone, fentanyl, oxymorphone, hydrocodone, and marijuana. Smith admitted that she sold the majority of her own prescriptions of fentanyl and oxycodone to drug customers. The defendant also sold prescription narcotics she received from at least two other people.
The 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 Divison and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for May 30, 2017, at 10:00 a.m. before Judge Vilardo.
Three Men Arrested in Major Narcotics Distribution Ring with Ties to MexicoRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that James Wilkie, 67, Remus Nowak, 47, of Buffalo, NY, and Fernando Rodriguez, 51, of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with the intent to distribute and distribute over five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
“Though we may be over 2,000 miles away from the Mexican Border, this case illustrates that the threat associated by the illegal flow of controlled substances over that border is very real even here in Western New York,” stated Acting U.S. Attorney James P. Kennedy, Jr. “The misery associated with the lives harmed by drugs flowing across the Southwest Border extends across the entire United States. We will remain vigilant in our effort to stem that flow at every point along away.”
DEA Special Agent-in-Charge James J. Hunt stated, “Coordination was the key element throughout this two-day enforcement operation. The objective to identify those responsible for trying to bring nine million dollars’ worth of drugs into Buffalo was met, resulting in 48 kilograms of cocaine being taken off the streets.”Assistant U. S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, in February, 2017, the Drug Enforcement Administration received information regarding the drug trafficking activities of the defendants. DEA agents identified Wilkie, Nowak and Rodriguez as members of a large scale cocaine distribution organization with direct connections to Mexico. Cocaine was smuggled into the United States from Mexico and eventually brought to Arizona and then distributed throughout the United States by various members of the organization. The complaint states that Wilkie picked up many kilograms of cocaine in Arizona and transported it to Buffalo on a number of occasions. Once, in Buffalo, Wilkie would give the cocaine to Nowak, who, in turn, would provide it to Rodriguez, for distribution throughout the area. Once distributed, the proceeds of the sale would be collected by Rodriguez and Nowak who would provide the money to Wilkie so that he could return it to the Mexican source.
On February 22, 2017, Wilkie was stopped by the Illinois State Police (ISP) in Collinsville, IL for driving with an obstructed license plate. A subsequent search of the vehicle revealed that it contained 48 kilograms of cocaine. Thirty kilograms were contained in a suitcase, while 18 kilograms were discovered in a duffel bag. Wilkie was arrested by the ISP. Subsequent investigation revealed that the 18 kilograms were destined for Buffalo, while the remaining 30 kilograms were destined for Chicago.
On February 23, 2017, a controlled delivery of 18 kilograms of “sham” cocaine was made by Wilkie to Nowak at a local hotel. During their meeting, Wilkie and Nowak discussed, among other things, Nowak’s ongoing relationship with the Mexican cocaine source of supply. At one point during the conversation, Wilkie opened the duffel bag to expose the 18 “sham” kilograms of cocaine. Following the conversation, Nowak took possession of the duffel bag containing the 18 “sham” kilograms of cocaine and exited the hotel room. As he exited the motel, Nowak was arrested by DEA agents.
Following that arrest, arrangements were made for Nowak to deliver the cocaine to defendant Rodriguez at an automotive shop on Kenmore Avenue in the Town of Tonawanda. Once again, drug related conversation preceded the transfer of the 18 “sham” kilograms of cocaine from Nowak to Rodriguez. Rodriguez was arrested in possession of the duffle bag.
The defendants were arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained pending a hearing on February 28, 2017 at 10:00 a.m.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, The Drug Enforcement Administration, Fairview Heights, IL Resident Office, the Drug Enforcement Administration, Tucson District Office, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Erie County Sheriff’s Office, the Buffalo Police Department, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, New York State Police Community Narcotics Enforcement Team, the Cattaraugus County Sheriff’s Department, the Niagara Frontier Transit Authority Police Department, the Hamburg Police Department, the Lackawanna Police Department, U.S. Border Patrol, Customs and Border Protection, Air and Marine unit, and the Cheektowaga Police Department.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Niagara County Man Sentenced for Threatening the President Second TimeRead 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 Jared Brown, 20, of Niagara County, NY, has been sentenced to serve 24 months in prison by U.S. District Judge Lawrence J. Vilardo for violating the terms and conditions of his supervised release. The violation and sentence arose after Brown, in a 911 call to the Lockport City Police Department on December 26, 2016, threatened to kill then President-elect Donald Trump.
According to Assistant U. S. Attorney Scott S. Allen, who handled the case, at the time of the 911 call, Brown was already serving a three-year term of supervised release, which followed a 15-month prison sentenced that the defendant served for previously threatening to kill former-President Barack Obama.
The sentencing is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson and the Lockport Police Department, under the direction of Chief Michael Niethe.
Irondequoit Woman Sentenced for Production and Distribution 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 a Megan McDonald, 36, of Irondequoit, NY, who was convicted of production of child pornography, distribution of child pornography and possession of child pornography, was sentenced to 15 years in prison and 10 years of supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in March 2015, law enforcement officers interviewed Jason Cortese who advised that he had received images of child pornography from McDonald. A forensic review of images from Cortese’s iPhone recovered sexually explicit images of two prepubescent minors.Cortese has been convicted of enticement of a minor and was sentenced to 135 months in prison. Cortese used the internet and a smart phone to persuade a 12-year-old minor to engage in sexually explicit activity.
The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
On February 23, 2017, a controlled delivery of 18 kilograms of “sham” cocaine was made by Wilkie to Nowak at a local hotel. During their meeting, Wilkie and Nowak discussed, among other things, Nowak’s ongoing relationship with the Mexican cocaine source of supply. At one point during the conversation, Wilkie opened the duffel bag to expose the 18 “sham” kilograms of cocaine. Following the conversation, Nowak took possession of the duffel bag containing the 18 “sham” kilograms of cocaine and exited the hotel room. As he exited the motel, Nowak was arrested by DEA agents.
Following that arrest, arrangements were made for Nowak to deliver the cocaine to defendant Rodriguez at an automotive shop on Kenmore Avenue in the Town of Tonawanda. Once again, drug related conversation preceded the transfer of the 18 “sham” kilograms of cocaine from Nowak to Rodriguez. Rodriguez was arrested in possession of the duffle bag.
The defendants were arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained pending a hearing on February 28, 2017 at 10:00 a.m.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, The Drug Enforcement Administration, Fairview Heights, IL Resident Office, the Drug Enforcement Administration, Tucson District Office, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Erie County Sheriff’s Office, the Buffalo Police Department, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, New York State Police Community Narcotics Enforcement Team, the Cattaraugus County Sheriff’s Department, the Niagara Frontier Transit Authority Police Department, the Hamburg Police Department, the Lackawanna Police Department, U.S. Border Patrol, Customs and Border Protection, Air and Marine unit, and the Cheektowaga Police Department.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Buffalo Men Indicted for Cocaine TraffickingRead 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 a 10-count indictment charging John Nelson, 41, and Lawrence Russell, 39, both of Buffalo, NY, with conspiracy, possession with intent to distribute and distribution of cocaine and crack cocaine, and maintaining drug-involved premises. The charges carry a mandatory minimum penalty of 5 years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, Nelson and Russell sold cocaine and crack cocaine over a two-year period from 2013 to 2015. At times, the defendants used a house on 14th Street on the West Side of Buffalo for their drug activities.
Nelson was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on February 24, 2017. Russell is currently in jail pending a state parole violation proceeding and will be arraigned in federal court on February 24, 2017.
The indictment is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former Rochester Postal Employee Arrested for Stealing Smartphones from the MailRead 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 Bobby Bullard, Jr., 35, of Rochester, NY, was arrested and charged in a criminal complaint with theft by a government employee. The charge carries a maximum sentence of 10 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, the defendant used to work as a Mail Handler Associate at the U.S. Mail Processing and Distribution Center in Rochester. While employed, Bullard was seen rifling through packages that he was supposed to be sorting. Special Agents from the Postal Service’s Office of Inspector General conducted surveillance on three separate occasions and recorded Bullard taking packages containing smart phones off the sorting conveyor belt. Agents watched as the defendant covertly opened the packages, removed the smart phones inside, put them in his pocket, and then threw the empty packaging materials away. Agents recovered several cell phones from Bullard at the time of contact and also recovered the discarded packages. Bullard is no longer a Postal Service employee.
The criminal complaint is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge is Monica Weyler.
Bullard made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released to the Irondequoit Police Department to answer outstanding traffic warrants. The defendant will return to Federal Court on March 21, 2017, at 9:00 a.m.
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.
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Tonawanda Man Indicted on Drug 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 a federal grand jury has returned an indictment charging Michael Elder, 36, of Tonawanda, NY, with possession with intent to distribute 28 grams or more of crack cocaine and fentanyl, and maintaining a drug-involved premises. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the indictment, on November 3, 2016, the United States Probation Department and the Drug Enforcement Administration executed a search warrant at the defendant’s residence at 143 Edgewood Avenue in Tonawanda, NY. Officers recovered crack cocaine and fentanyl. The defendant was on parole for a previous federal conviction.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The indictment is the culmination of an investigation on the part of the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and Drug Enforcement Administration, under the direction of Special Agent- in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Schuele Boys Associate Pleads Guilty to Drug 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 Andre Jackson, 29, of Buffalo, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 2014, Jackson conspired with other Schuele Boys associates and gang members, including Michael Robertson, to distribute cocaine in the City of Buffalo.
The Schuele Boys refers to a gang that operated in the Schuele Street area of the East Side of Buffalo and is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
Jackson is one of 28 individuals arrested as part of the Schuele Boys investigation. To date, 21 of those 28 defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen,
Jackson will be sentenced on May 25, 2017, at 11:30 a.m. before Judge Vilardo.
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Niagara Falls Man Pleads Guilty to Drug and Gun 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 Philip Vincent, 39, of Niagara Falls, NY, pleaded guilty to possession with intent to distribute crack cocaine, and possession of a weapon in furtherance of drug trafficking before Chief U.S. District Judge Frank P. Geraci. Jr. 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 Brendan T. Cullinane and George C. Burgasser, who are handling the case, stated that on December 2, 2014, the U.S. Marshals Violent Felony Fugitive Task Force encountered the defendant at his residence in Niagara Falls while looking for a fugitive. Officers searched Vincent’s 20th Street residence and discovered a .38 caliber revolver along with marijuana plants and crack cocaine.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, the U.S. Marshals Service, under the direction of Marshal Charles Salina, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Sentencing is scheduled for May 11, 2017, at 11:00 a.m. before Judge Geraci.