Western District of New York
Press releases recorded for this federal judicial district.
Amherst Man Sentenced for Murdering Girlfriend and Setting Fires for Insurance BenefitsRead 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 Epps, 48, of Amherst, NY, who was convicted following a jury trial of wire fraud, mail fraud, arson, possession of Molotov Cocktails, maintaining a premises for drug trafficking, felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking, was sentenced to 60 years by U.S. District Judge Richard J. Arcara.
“Today’s verdict is believed to be the first instance where this Office has used the federal fraud laws to convict a murderer,” said Acting U.S. Attorney Kennedy. “This Office will continue to use all of the resources at our disposal to rid our streets of dangerous predators.”
Assistant U.S. Attorneys Melissa M. Marangola and Joel Violanti, who handled the case, stated that the defendant murdered his fiancee, Angela Moss, on August 27, 2009 in order to collect on the victim’s life insurance policy which listed Epps as the sole beneficiary. Ronald Epps and Angela Moss were engaged to be married and lived together on Cascade Drive in Amherst. Previously, on July 2, 2009, Epps and Moss went to a State Farm Insurance branch to make changes to Moss’ life insurance policy. At the time, Epps was a minor beneficiary. The $100,000 policy was changed, making the defendant the sole beneficiary.
On August 27, 2009, Moss left her place of employment at Absolut Care on Armor Road in Orchard Park, NY at 11:00 p.m. The victim was last seen getting into the passenger seat of her car. Moss’ body was discovered at 6:00 a.m. the following morning on California Road by colleagues heading into work. The prosecution argued that the defendant waited in the victim’s car then drove to California Road where Epps shot Moss once in the back of her head and left her body on the side of the road. The victim’s car was also found abandoned nearby.
On September 1, 2009, Epps filed a claim with State Farm Insurance in an attempt to collect on Moss’s life insurance policy. To date, the defendant has not received any insurance money related to the policy.
Following Moss’s murder, the defendant remained in the apartment the two had lived in together. On August 1, 2010, Epps obtained a renter’s insurance policy from State Farm Insurance. On October 13, 2010, the defendant set fire to the vacant apartment next door with Molotov Cocktails. On this occasion, the damage to Epps’ apartment was minimal. On October 15, the defendant also set fire to his own apartment. On May 31, 2011, Epps received $3,769 from State Farm Insurance for damages to his property.
Epps also used his apartment for distributing cocaine. Several witnesses testified at trial that they purchased cocaine and marijuana from the defendant at 21 Cascade Drive. Amherst police officers testified that they seized cocaine, pills, and drug paraphernalia from the defendant’s residence on August 25, 2010.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict, New York Field Division, the Orchard Park Police Department, under the direction of Chief Mark Pacholec, and the Amherst Police Department, under the direction of Chief John Askey.
Buffalo Man Charged with Distributing Fentanyl and 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 Steven Paschell, 47, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years imprisonment and a $1,000,000 fine.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that on November 1, 2016, Paschell sold a quantity of a substance containing heroin and fentanyl.
The defendant, who made an initial appearance before Judge Jeremiah J. McCarthy, is being held pending a detention hearing on Friday, December 16, 2016, at 1:30 p.m.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, Buffalo Resident Office, under the direction of Special Agent in Charge John Flickinger.
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 Arrested on Peace Bridge with FirearmRead the Press Release
BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jibreel Williams, age 27, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that in the early hours of December 11, 2016, Williams was stopped in a vehicle on the Peace Bridge while trying to re-enter the United States after visiting the duty-free shop. The firearm was recovered during a border search of the vehicle.
The defendant made an initial appearance yesterday before U.S. Magistrate Judge Michael J. Roemer. Jibreel Williams is being held for a detention hearing scheduled for today before U.S. Magistrate Judge Jeremiah J. McCarthy at 1:30 p.m.
The criminal complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
10th Street Gang Member Sentenced to Nearly 25 YearsRead 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 Tony Peebles, 30, of Buffalo, NY, who was convicted of discharging a firearm in furtherance of a crime of violence, and RICO conspiracy, was sentenced to 295 months imprisonment by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that from in or before 2000, through in or about 2010, Tony Peebles was a member and associate of the 10th Street Gang, that operated within a specifically defined geographic area on the west side of the City of Buffalo, New York. 10th Street Gang members routinely guarded that territory and resorted to acts of violence, if necessary, to insure that no rival gang members or narcotics dealers encroached upon their territory to sell drugs, or for any other reason.
Peebles admitted that he conspired with others to possess with intent to distribute, and to distribute, significant quantities of cocaine base and marijuana, and that he possessed firearms in furtherance of his drug trafficking activity.
Acting U.S. Attorney Kennedy characterized Peebles as extremely violent and a prolific shooter. AUSA Tripi, the lead prosecutor on the case, detailed eight different shootings in which Peebles participated:
• On or about June 15, 2007, Peebles, along with other 10th Street Gang members, shot and injured two rival gang members in the City of Buffalo.
• On or about August 11, 2009, Peebles drove another 10th Street Gang member to the vicinity of 102 Pennsylvania, Buffalo, New York, where such individual fired several rounds into an occupied residence.
• On the following day, August 12, 2009, Peebles met with other members of the 10th Street Gang in order plan to retaliate against rival gang members for the murder of Peebles’s younger brother. Peebles and other members of his gang, walked to 211 Bird Avenue, Buffalo, New York, where Peebles and another shot an individual nine times in an attempt to cause the death of such individual. Though the shooting victim did not die, the individual did sustain life-threatening bodily injuries as a result of the shooting.
• One day later, on August 13, 2009, near 893 Prospect Avenue, Buffalo, New York, Peebles shot another individual who was a rival gang member several times with a firearm. Such individual sustained bodily injury as a result of the shooting.
• On the next day, August 14, 2009, in the vicinity of Auburn Avenue and Dewitt, Buffalo, New York, Peebles and another 10th Street Gang member shot and sought to kill two victims.
• On or about August 17, 2009, in the Western District of New York, Peebles, along with two other 10th Street Gang members, drove a stolen car to the vicinity of 82 Virginia, Buffalo, New York, and fired numerous times at a rival gang member in an attempt to kill such rival gang member.
• On or about October 17, 2009, Peebles drove his girlfriend’s car, with several other 10th Street Gang members to the vicinity of Plymouth Street and Pennsylvania Avenue, in Buffalo. Peebles pulled the vehicle alongside an individual and stopped the car while one of his passengers shot the victim until the firearm was out of ammunition. The victim sustained life-threatening bodily injury as a result of the shooting.
• Finally, on or about November 8, 2009, near 29 Ripley in Buffalo, Peebles, along with other 10th Street Gang members, went to a residence where one of the gang members fired out of the passenger side window of the vehicle that Peebles was driving multiple times with an AR-15. An individual, who was shot numerous times, survived despite sustaining life-threatening bodily injuries as a result of the shooting.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 New York State Police, under the direction of Major Steven Nigrelli, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Hamburg Man Extradited from Vietnam on Fraud ChargesRead the Press Release
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Wilson, 29, formerly of Hamburg, NY, was successfully returned from Vietnam and arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.
In December 2010, the defendant was named in a 47-count indictment charging wire fraud, money laundering, and conspiracy. The maximum penalty for each fraud count is 20 years in prison and a $250,000 fine. Each money laundering charge carries a penalty of up to 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen Jr., who is handling the criminal case, and Richard D. Kaufman, Chief of the U.S. Attorney’s Office’s Asset Forfeiture and Financial Litigation Unit, stated that the indictment accuses Wilson of attempting to defraud investors out of more than $8,000,000 between June 2008 and July 2009, and another $71,875 in July 2010. According to the indictment, the defendant created several fraudulent investment companies known collectively as “New Frontier,” including such names as “Phantom Holdings” and others, all purportedly located at 6553 Boston State Road in Hamburg, adjacent to his residence. Wilson thereafter induced individuals and companies to invest in financial instruments with complex sounding names, such as “leveraging agreements,” that promised high-yield earnings and returns.
The indictment also alleges that rather than investing clients’ money, the defendant spent it on a variety of personal items, including $2,500,000 for a down payment for Boston State Road properties, automobiles - including a Hummer, a Corvette, two Land Rovers, and a Mercedes ML 500 - artwork, and other items. In addition, in January 2009, Wilson paid $1,800 to hire an actor from a talent agency to portray a person using the name of his alias “George Possiodis,” which name and persona the defendant used during his scheme. The Government is seeking forfeiture of more than $3,000,000 that Wilson allegedly stole from investors and spent.
The indictment also alleges that in July 2010, Michael Wilson and his brother, William Wilson, conspired to receive two wire transfers totaling $71,875, which a client believed would be invested by “Zodiak Capital,” another one of Michael Wilson’s companies. $70,325 of the $71,875 never reached Michael or William Wilson because the government successfully froze and seized the money before it could be withdrawn from two accounts it had been wired into.
Wilson, a dual citizen of Canada, traveled to the Toronto area after learning he was under investigation. After being arrested in Canada in July 2013, Wilson was released on conditions and challenged extradition to the United States in Canadian Courts. Before his final appearance in Canadian Court, in February 2016, Wilson flew to Vietnam with his wife, mother, and three dogs. Wilson was arrested in Vietnam in June 2016, and has been detained in Vietnamese jail pending his removal to the United States.
“This case shows that we will literally travel across the globe in our pursuit of justice,” said Acting U.S. Attorney Kennedy. “I commend our law enforcement partners both at home and abroad for their cooperation and diligence in successfully apprehending an individual who went to tremendous lengths to avoid answering the charges filed against him.”The defendant was arraigned this afternoon before Judge McCarthy. Wilson is being held until a detention hearing scheduled for December 15, 2016, at 2:00 p.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge, the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge, New York Field Office, Kathy A. Enstrom, Toronto Police Service, Vietnam Ministry of Public Security, and other law enforcement partners, including LEGAT, Seoul, Korea, and the U.S. State 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.Canadian Man Sentenced for Unlawful ReentryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Arthur Hugh Stephen Knox, 58, of Canada, who was convicted of attempted unlawful reentry into the Untied States, was sentenced to time served (three months) by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on September 11, 2016, Knox, a citizen of Canada, attempted to enter the United States at the Rainbow Bridge Point of Entry. A Customs and Border Protection database check revealed that the defendant had multiple prior convictions in the United States, including three convictions for felony drug possession. As a result of his criminal record, in July 2007, a United States Immigration Judge ordered Knox to be removed from the United States and to be prohibited from reentering for a period of 10 years.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey.
Buffalo Man Charged with 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, was charged by criminal complaint with possession of child pornography subsequent to a prior conviction. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, 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 in accordance with the terms of his probation. The probation officer recovered one cellular phone with internet capabilities which Butler was prohibited from having. A forensic examination determined that the cellular 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 defendant made an initial appearance this afternoon before Magistrate Judge Jeremiah J. McCarthy. Butler is being held in state court for a probation violation.
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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Niagara Falls Woman Pleads Guilty to Fraud 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 LaTanya McCain, 21, of Niagara Falls, NY, pleaded guilty to conspiracy to defraud the Government, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that McCain filed false tax returns with the Internal Revenue Service (IRS) for the years 2014 and 2015 using false and fraudulent W-2 forms. The forms stated that the defendant worked for employers for whom she never worked and falsely indicated that McCain had earnings and withholdings. Furthermore, in 2015, the defendant provided others with false W-2 forms which they, in turn, used to file false tax returns with the IRS. As a result, the IRS was defrauded out of $32,187.00
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas E. Bishop, Acting Special Agent in Charge, New York Field Office.
Sentencing is scheduled for May 11, 2017, at 10:00 a.m. before Judge Geraci.
Buffalo Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today Antonio Eldridge, 28, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 12 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on March 11, 2016, the Buffalo Police Department received information that the defendant, a convicted felon, had displayed a firearm to children. During this investigation, officers located Eldridge hiding in a basement crawl space of the children’s residence. Officers further recovered a Winchester Model 69A .22 caliber rifle hidden under a mattress in the residence.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict, New York Field Division.
Buffalo Man Sentenced for Committing Multiple Bank RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that John Evans, 33, and Timothy Finch, 28, both of Buffalo, NY, who were convicted of RICO conspiracy, were sentenced to 188 months and 168 months in prison respectively, by U.S. District Judge Richard J. Arcara. Evans was also convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine.
According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, Evans and Finch were members of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. On April 20, 2011, the defendants planned the murder of rival gang member Amir Chambers who was shot dead by co-defendant Fred Keys.
The defendants also sold crack cocaine from a “trap house” on Sobieski Street in Buffalo utilized by gang members. The house was run by L.R.G.P. leader Dewayne Gray who was sentenced to 188 months in prison on September 9, 2016.
The defendants are two of 19 L.R.G.P. members and associates indicted and convicted in this case. On May 8, 2015, another 11 L.R.G.P. members and associates were also indicted on crack cocaine charges. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Aggravated Felon Arrested on Charge of Illegal Re-EntryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Manuel Salazar Estrada, 38, of Mexico, was arrested and charged by criminal complaint with illegally reentering the United States after a conviction for an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on December 7, 2016, the defendant was encountered at the Peace Bridge port of entry after getting lost and turning around on the bridge before reaching Canada. When Estrada was initially questioned, the defendant claimed to be a citizen of the United States, born in Arizona. Standard record checks revealed that Estrada is a citizen of Mexico and had been deported from the United States on five prior occasions. The most recent deportation occurred in 2015 after the defendant was convicted in Arizona of conspiracy to transport illegal aliens for profit, an aggravated felony, and banned from entering the United States for life.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending trial.
The criminal complaint is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey.
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 Buffalo Police Officer Sentenced for Deprivation of Civil RightsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert Eloff Jr., 41, of Buffalo, NY, who was convicted of deprivation of rights under color of law, was sentenced to three months in prison and one year supervised release to include three months home detention by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Guerra, who handled the case, stated that the defendant pleaded guilty in connection with an incident at Molly’s Pub in Buffalo in 2014. In the early morning hours of May 11, 2014, William Sager was pushed down a flight of stairs at Molly’s Pub by Jeffrey Basil. Sager later died of his injuries and Basil pleaded guilty in state court to manslaughter.
At the time Sager was pushed by Basil, Eloff was in Molly’s Pub working security for the bar. Eloff had been employed as a Buffalo Police Officer since 2007. While employed at Molly’s Pub, Eloff wore clothing and articles of equipment which identified him as an off-duty police officer.
A victim identified as D.H. was with William Sager the night Sager was pushed down the stairs. D.H saw people carry Sager outside after he was pushed down the stairs, and upon leaving the bar, saw Sager propped up against a wall. When D.H. asked BPD officers what happened, Eloff grabbed D.H. and told him to get out of there. D.H. then walked away and called 911. When other officers arrived, D.H. asked for Eloff’s name and badge number. Eloff, in response arrested and handcuffed D.H. and seated him next to Sager. D.H. was later taken from the scene by other officers.
Eloff told BPD officers that D.H. had physically interfered with Eloff and others inside the bar and had refused to leave the bar when directed to do so. A later review of surveillance video from Molly’s Pub revealed that D.H. never interfered with Eloff in the bar and never refused a command to leave the bar. In essence, Eloff caused D.H. to be falsely arrested for trespassing, a crime D.H. never committed.
The sentencing is the culmination of an investigation by Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Buffalo Man Sentenced for Committing Multiple Bank RobberiesRead 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 Casey Swain, 38, of Buffalo, NY, who was convicted of bank robbery, was sentenced to 57 months in prison by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that, on five different dates, the defendant robbed First Niagara Bank branches in Buffalo, Lackawanna, Niagara Falls, Kenmore, and Bellevue, Pennsylvania. During each of the robberies, Swain passed a note to a bank teller demanding United States currency. Some of the notes included the words “no sudden movements” or “eye contact” or things would turn bad.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lackawanna Police Department, under the direction of Chief James Michel, the Niagara Falls Police Department, under the direction Chief Bryan DalPorto, the Kenmore Police Department, under the direction of Chief Peter Breitnauer, and the Bellevue (PA) Police Department, under the direction of Chief Matthew Sentner.
Buffalo Gang Member Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Oscar Romero, 35, of Buffalo, 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 $2,000,000 fine.Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that the defendant was a member of a gang known as the Loiza Boys which has been distributing cocaine and heroin on Buffalo’s West Side since at least 2006.
Romero was charged in 2013 along with nine other defendants following a long term investigation that involved the interception of telephone calls of the defendants and the use of undercover drug purchases from some of those charged. During the investigation, law enforcement officers seized over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.
Romero is the first to be convicted. The remaining defendants are scheduled to go to trial on January 3, 2017. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Sentencing is scheduled for March 15, 2017 at 2:00 p.m. before Judge Skretny.
Akron 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 Robert J. Strach, 54, of Akron, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Richard J. Arcara. 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 Strach was part of an online community dedicated to the exchange and discussion of child pornography. On March 7, 2016, Special Agents from Homeland Securities Investigations, Child Exploitation Unit, executed a search warrant at the defendant’s residence and seized a desktop computer. Forensic examination of the computer revealed that Strach was in possession of two hard drives containing 76 videos and 273 images of child pornography, some of which depicted children less than 12 years old, and some of which contain depictions of violence.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Child Exploitation Unit, under the direction of Special Agent-in-Charge James C. Spero.
Sentencing is scheduled for March 24, 2016 at 12:30 before Judge Arcara.
Suspected Gang Member 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 Darmetrius Braggs, 19, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking activity, was sentenced to 60 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that Buffalo Police Department officers received information that the defendant robbed an individual at gun point on October 30, 2015. During the investigation, officers learned that Braggs would be at a party on Freund Avenue in Buffalo on November 7, 2015.
On November 7, 2015, undercover officers contacted Braggs by cellular telephone and arranged an undercover purchase of marijuana. The defendant told the officers to meet him near Genesee Street and Freund Avenue in Buffalo to purchase the marijuana. As officers arrived at the location, Braggs fled on foot and entered 22 Freund Avenue, where officers located the defendant. Officers also found a cellular telephone and multiple vials of what appeared to be marijuana near the residence’s rear entrance. In addition, officers recovered a loaded firearm in the back yard of 22 Freund Avenue.
The firearm recovered by officers resembles a firearm the defendant posed with multiple times on social media websites.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division.
Buffalo Woman Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Latifah Donaldson, 24, of Buffalo, NY, who was convicted of maintaining a drug involved premises, was sentenced to time served and two years of supervised release to include six months of home detention by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the prosecution, stated that between January 2013 and April 3, 2013, the defendant allowed her co-defendants to utilize her apartment, which was located on the grounds of the Perry Housing Projects, to manufacture, possess and distribute crack cocaine. As part of this conspiracy, a co-defendant maintained several locations on the grounds of the Perry Housing Projects in Buffalo, including Donaldson’s apartment.
On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.
Donaldson was arrested in April 2013 along with 10 others. All defendants have been convicted.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Adam S. Cohen, Special Agent-in-Charge, the New York State Police, under the direction of Major Steven Nigrelli, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Buffalo Man Convicted of Multiple Bank RobberiesRead 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 Laverne Palmer, a/k/a Poogaloo, 26, of Buffalo, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci to committing multiple bank robberies. The charges carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that, on six different dates, the defendant robbed or assisted in the robbery of First Niagara and Key Bank branches located in Lancaster, Depew, and Buffalo. During each of the six bank robberies, Palmer, or someone else, passed a hand-written note to the victim tellers which demanded United States currency and, for example, “no sudden movements” or “eye contact.”
The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of Adam S. Cohen, Special Agent-in-Charge, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Depew Police Department, under the direction of Chief Stan Carwile, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The defendant is scheduled to be sentenced on March 10, 2017, before Judge Geraci.
Buffalo Man Sentenced in Deadly Martin Luther King Park ShootingRead 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 Tariq Brown, 23, of Buffalo, NY, who was convicted of RICO Conspiracy in connection with the May 12, 2012 shooting at Martin Luther King Park that left Marquay Lee dead and four other individuals wounded, was sentenced to 22 years in prison by Senior U.S. District Judge William M. Skretny. Two of the injured persons suffered permanent injuries, one victim is now a paraplegic and another was blinded in one eye.
According to Assistant U.S. Attorneys Meghan A. Tokash and Michael Felicetta, who handled the prosecution of this case, Brown is alleged to be a member of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. The defendant Brown already stands accused of three other attempted murders which injured two people.
As a result of the ongoing investigation into the Bailey Boys Gang, members now stand accused of four murders, 14 attempted murders, including four drive-by shootings. The attempted murders include a shooting that occurred during a neighborhood party with numerous children present and a shooting that occurred during a robbery. A total of 11 were arrested and 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 sentencing is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of Acting District Attorney Michael Flaherty, the Buffalo Police Department, under direction of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent in Charge Adam S. Cohen, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, 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.Lackawanna Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerry Rolon-Alvarez, 37, of Lackawanna, NY, who was convicted of possession with intent to distribute cocaine and heroin, was sentenced to 18 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on November 29, 2014, members of the Lackawanna and Buffalo Police Departments executed a search warrant at 47 Colton Avenue and found Rolon-Alvarez on a bed in the living room. During the search of a cabinet in the kitchen, officers found a large plastic bag containing suspected cocaine, and two plastic wraps containing suspected heroin. There was also a digital scale with heroin residue and a box containing green glassine envelopes located in Rolon-Alvarez’s jacket. Additionally, $2,280 in U.S. currency was seized from the defendant’s pocket. Rolon-Alvarez was arrested by the Lackawanna Police Department.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Lackawanna Police Department, under the direction of Chief James L. Michel.
Buffalo Man Charged with Gun CrimeRead 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 Jesse Lewis, 46, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Patricia Astorga who is handling the case, stated that according to the complaint, on September 30, 2016, Buffalo Police Officers, with the assistance of Lackawanna Police Officers, executed a search warrant at Lewis’s residence at 234 North Ogden Street in Buffalo. During the search, officers recovered a Harrington and Richardson Arms Company .32 caliber revolver which was loaded with six rounds of ammunition. Officers also recovered cocaine and drug paraphernalia.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being detained.
The criminal complaint 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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Lackawanna Police Department, under the direction of Chief James Michel.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Arrested, Charged with Selling Deadly Heroin Mixture That Resulted in A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Aaron J. McDuffie, aka “G”, 21, of Buffalo, NY, was arrested and charged by criminal complaint with distribution of heroin and butyryl fentanyl causing serious bodily injury and death and possession with intent to distribute, and distribution of, butyryl fentanyl. If convicted of causing serious bodily injury or death, the defendant faces a mandatory minimum penalty of 20 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 June 27, 2015 at approximately 10:08 p.m., the Cheektowaga Police and the Forks Volunteer Fire Company responded to a possible drug overdose at an address in Cheektowaga. CPR and Narcan were administered to an individual identified as A.E. who was then transported to the hospital. A.E. did not recover and died on July 1, 2015. The Erie County Medical Examiner's Office determined the cause of death was acute combined butyryl fentanyl and morphine intoxication.
The complaint further states that during the subsequent investigation a family member gave Cheektowaga Police investigators A.E.’s cell phone which contained incriminating text messages regarding from whom A.E. may have obtained the drugs that killed him. Specifically, the cell phone included the following series of outgoing and incoming texts from the A.E.’s phone to a particular number on the evening he overdosed:
• Outgoing text: When are you getting that new (expletive)?
• Incoming text: Got it, Got dat new fire bro.
• Outgoing text: Where at
• Incoming text: Under Bridge
• Outgoing text: When, I got 100, where you at
The last outgoing text message was at approximately 7:32 p.m. There were also several exchanged telephone calls.
Subsequently, Cheektowaga Police investigators spoke with an individual identified as Cooperating Witness 1 (CW-1), a longtime friend of A.E. CW-1 told investigators that A.E. has been obtaining drugs from an individual known as “G.” CW-1 also stated that since A.E.'s death, G changed his telephone number. Investigators also spoke with another individual identified as Cooperating Witness 2 (CW-2), another longtime friend of A.E., who stated that CW-2 spoke with “G” since A.E.'s death and that “G” was concerned for A.E. because “G” had given A.E. some very good quality heroin and that “G” had warned A.E. to not use as much.
On November 30, 2015, an undercover Cheektowaga Police Detective (UC) arranged and conducted a purchase from McDuffie. The UC met McDuffie on Eagle Street in Buffalo and made a controlled purchase of butyryl fentanyl. Two similar undercover purchases were conducted on December 4, 2015, and February 16, 2016. Analysis once again determined that the substances purchased on those instances was butyryl fentanyl. In addition, during the course of the second purchase, McDuffie told the UC that his name was "G".
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained pending a detention hearing on December 7, 2016. During his initial appearance, the Government told the Court that McDuffie may be responsible for a second death within the last week. The results of toxicology testing are pending.
The criminal complaint is result of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack and the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Drug Dealer Sentenced for His Role in Three MurdersRead 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 Pablo "Paul" Plaza, who was convicted by a federal jury of the murder of Francisco Santos, conspiracy to possess with intent to distribute and to distribute large quantities of illegal narcotics, and possession and discharge of a firearm in furtherance of the drug conspiracy, was sentenced to life in prison plus 10 years by Chief U.S. District Judge Frank P. Geraci, Jr.
Acting U.S. Attorney Kennedy, crediting his trial team of AUSAs Rodriguez and Marangola and the ATF Agents and RPD Officers who worked tirelessly to put this case together, noted that “although justice was a long-time coming in this case, it is fitting that, in the end, it was delivered with a measure of permanence.”
ATF Special Agent in Charge Ashan M. Benedict said, “The sentencing of Pablo Paul Plaza to life imprisonment plus 10 years for his role in three murders while engaged in a drug trafficking conspiracy demonstrates that though justice may at times be delayed, it will not be denied. The passage of time will not lessen the resolve of ATF and our law enforcement partners to ensure that violent criminals meet their inevitable fate of a cell in a State or Federal penitentiary. It is our sincerest hope that Plaza’s sentencing, and the expected sentencings of his co-conspirators, brings some solace and closure to Ms. Harmon’s family, and the families of the other victims of this violent organization.”
Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, stated that Plaza and his brother James Kendrick spearheaded a long term, violent narcotics trafficking ring in the City of Rochester between 1993 through and including March 2011. To protect the conspiracy and its members from other drug dealers and those deemed to be disloyal workers, Plaza, Kendrick, and others in the conspiracy resorted to violence including beatings and murder.
Specifically, Francisco Santos, a/k/a “Cisco,” was murdered in October 1998. Santos’ body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, NY. Santos was a worker for Plaza and Kendrick and was murdered because the defendants believed he betrayed the organization by stealing drugs, cash and guns. Plaza and Kendrick initially retaliated by conducting a drive-by shooting at the residence of Santos’ father, step-mother and sisters, who were four and six years old at the time.
During the trial, the Government presented evidence of additional acts of violence including the murder of Jose Troche on January 14, 2010. The Government’s proof established that Plaza and Kendrick planned and executed the murder of Troche because they feared that Troche, also a member of the conspiracy, was planning to cooperate in the prosecution of the defendants. In connection with the Troche murder, Plaza and Kendrick decided that Kendrick, in an effort to fabricate an alibi, would go to a local supermarket and be seen on camera at the time of Troche’s murder.
In addition, the Government presented evidence that Plaza directed co-conspirators Damion Colabatistto, Angelo Ocasio and others to murder a rival drug dealer who injured Plaza in a fight. Colabatistto and Ocasio went to 137 Cameron Street looking for the rival drug dealer. When they arrived at the house, the two men shot and killed Meosha Harmon, erroneously believing her to be the rival drug dealer, when she came to the upstairs window of the residence. Colabatistto and Ocasio were tried in separate trials and both were convicted for their roles in the conspiracy and murder of Harmon and are awaiting sentencing.
James Kendrick was also convicted of drug conspiracy and the murders of Francisco Santos and of Ryan Cooper. Nine other defendants involved in the drug conspiracy were charged and convicted of various drug and firearms offenses and of other violent crimes. Plaza’s younger brother, also named Pablo, was previously convicted of participating in the murder of Francisco Santos.
The sentencing of Pablo “Paul” Plaza is the result of a joint investigation consisting of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division, and the Rochester Police Department, Violent Crime Team/Firearms Suppression Unit, under the direction of Chief Michael Ciminelli.
LRGP Associate 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 Shirley Covington, 32, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine, was sentenced to 18 months in prison by U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant was a girlfriend of LRGP Gang leader Dewayne Gray. The LRGP Gang operates primarily in the area of Lombard, Rother, Playter, and Gibson Streets in the City of Buffalo. LRGP was an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.
Covington stored illegal narcotics at her West Side residence for Dewayne Gray. The defendant would deliver the drugs to Gray on the East Side at his request. The drugs would then be distributed throughout the LRGP territory.
Covington is one of 19 LRGP Gang members and associates charged and convicted in this case.The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Former UB Student Sentenced on Drug and Money Laundering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Zhe Wang, 20, of Queens, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, controlled substances and money laundering conspiracy, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Wang distributed Xanax. The proceeds of the Xanax sales were used to buy or attempt to buy approximately $74,000 in bitcoins. The defendant then used the bitcoins to buy more drugs for distribution. Wang was an engineering student at the University at Buffalo during a part of the conspiracy between March 2015 and March 2016. In March 2016, law enforcement agents intercepted two packages mailed from Canada and addressed to one of Wang’s co-defendants in Amherst, NY. Each package contained nearly 3,000 Xanax bars.
Wang was charged along with co-defendants Kevin Szura and Adam Brzozowski. Szura has been convicted and is awaiting sentencing. Charges are pending against Brzozowski. 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.
Wang’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski.
Former Buffalo Police Lieutenant Pleads Guilty to Federal Civil Rights 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 Gregory Kwiatkowski, 52, of Buffalo, NY, pleaded guilty to deprivation of rights under color of law, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum sentence of one year in prison and a fine of $100,000.
Assistant U.S. Attorneys Mary Catherine Baumgarten and Aaron J. Mango, who are handling the case, stated that the conviction stems from a series on incidents which occurred while defendant Kwiatkowski was working the overnight shift as a Lieutenant with the City of Buffalo Police Department (BPD) on May 30-31, 2009. That night, Lt. Kwiatkowski arrived at 52 Treehaven Road in Buffalo to respond to a vehicle that had been stopped by the Cheektowaga Police Department (CPD) and that was believed to be involved in a BB gun shooting earlier that night. Lt. Kwiatkowski was the first BPD officer to arrive at the scene. Other CPD officers were present at the scene when Lt. Kwiatkowski arrived and had already removed the vehicle’s four occupants, who were all between 16 and 18 years old. At the time of Lt. Kwiatkowski’s arrival, all of the occupants were compliant and completely under the control of the CPD officers.
Upon arriving at the scene, Lt. Kwiatkowski used unlawful and unreasonable force on each of the four occupants. Specifically, Lt. Kwiatkowski admitted to forcibly pushing each of the suspects heads and upper torsos into the vehicle around which they were being detained. As set forth in his plea agreement with the government, Lt. Kwiatkowski agreed that his use of force against the four suspects was unreasonable and excessive and that his use of such use of force deprived the suspects of their Constitutional rights to be free from unreasonable seizure and to due process of law, by one acting under color of law.
Following the defendant’s use of force on the four occupants, the defendant recovered a BB gun from the vehicle in which the suspects had been riding and handed the BB gun to one of the other two BPD Officers, co-defendants Raymond Krug and Joseph Wendel, who had arrived on scene shortly after the defendant.
Krug and Wendel are accused of shooting one of the individuals with a BB gun while the individual was seated in the police car, handcuffed next to another of the arrested individuals. Trial of the charges against co-defendants Krug and Wendel is scheduled to commence on December 6, 2016, before Senior U.S. District Judge William M. Skretny.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-In-Charge, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing will be scheduled before Judge Skretny.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 Johanna Sanchez Rodriquez, 40, of Buffalo, NY, pleaded guilty to conspiracy to distribute and obtain through fraud controlled substances, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between December 2013 and April 2015, co-defendant Brandon Coburn, a licensed nurse practitioner who is legally authorized to prescribe controlled substances, provided fraudulent Fentanyl prescriptions to Sanchez Rodriquez and nine other co-defendants. Those prescriptions, however, were not used for a legitimate medical purposes and instead were filled by Sanchez Rodriquez and others and sold on the street in the Buffalo area. Sanchez Rodriquez filled a total of 31 prescriptions including oxycodone and fentanyl.
Sanchez Rodriquez is the first of the 11 defendants charged in this investigation to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for March 23, 2017, at 1:00 p.m. before Judge Arcara.
Bailey Boys Gang Members Sentenced in Connection with ShootingsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Quintin Thompson, 26, and Montell Jones, 28, both of Buffalo, NY, were sentenced in connection with two shootings by Senior U.S. District Judge William M. Skretny.
According to Assistant U.S. Attorneys Michael P. Felicetta and Meghan A. Tokash, who are handling the prosecution of this case, Thompson and Jones were members of the Bailey Boys Gang, a violent criminal gang which operates in an area of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road, and Main Street.Thompson was sentenced to 42 months in prison for his role in the October 24, 2011, shooting outside of a rental car business located at 2655 Main Street. Thompson spotted a group of rival gang members and opened fire on the group. Although he missed all of the targets, Thompson shot an 18-year-old female in the leg who was an innocent bystander. Thompson is currently serving a New York state sentence for a 2008 armed robbery and assault of a 14-year-old boy.
Jones was sentenced to time served (52 months) for his role as the driver in a drive-by shooting at 211 Shirley in Buffalo on June 28, 2011. Jones drove the vehicle that was occupied by two shooters who fired upon rival gang members at the Shirley Avenue residence. One person, an 18-year-old male, was shot in the back during that crime and the victim spent approximately three months in the hospital recovering from his injuries.
Jones was also sentenced to time served for his role in the February 6, 2015, assault of a guard at the Steuben Correctional Facility where he was being detained. Jones struck the guard in his face while being transported to his cell.
The sentencing is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of Acting District Attorney Michael Flaherty, the Buffalo Police Department, under direction of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent-in-Charge Adam S. Cohen, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, 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.Nicaraguan Man Pleads Guilty to Kidnapping ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Miller, 40, of Managua, Nicaragua, pleaded guilty to conspiracy to commit international parental kidnapping before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graff, who are handling the case, stated that in 2009, the defendant conspired with co-defendants Kenneth Miller and Lisa Miller to assist Lisa Miller and her daughter in fleeing the United States to Nicaragua. Lisa Miller fled the country in order to prevent her partner Janet Jenkins from visiting her daughter. The two women both had parental rights with the child.
Timothy Miller purchased a one-way plane ticket for Lisa Miller and her daughter to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and her daughter with shelter and financial assistance.
Kenneth Miller was convicted and sentenced. Charges are pending against Lisa Miller whose current whereabouts are unknown as well as those of her daughter. 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 verdict is the culmination of an investigation by the Vermont Office of the United States Marshal’s Service, under the direction of David Damag, and the Vermont Office of the Federal Bureau of Investigation, under the direction of Andrew Vale, Special Agent in Charge.
Sentencing is scheduled for March 23, 2017 at 12:30 before Judge Arcara.
Cheektowaga Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Kurowski, 23, of Cheektowaga, NY, plead guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in the spring of 2015, Kurowski began communicating via text message with a 17-year-old female. The text messages were sexually explicit in nature. On April 10, 2015, the defendant asked her to send him a sexually explicit photograph which she then sent via text message. Kurowski was aware that she was a minor at the time he received this image.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-In-Charge and the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia.
Sentencing is scheduled for March 7, 2017, at 9:00 a.m. before Judge Vilardo.
Rochester Man Pleads Guilty to Robbery and Weapons 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 Joseph Lowry, 21, of Rochester, NY, pleaded guilty to Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence before U.S. District Judge Charles J. Siragusa for his role in the August 10, 2015, armed robbery of the 7-Eleven Convenience store at 1469 Lake Avenue in Rochester.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, alleged in a previously filed complaint that Lowry and co-defendant Johnny Blackshell entered the 7-Eleven store intending to steal cash and goods. After entering the store, the defendant jumped over the service desk and ordered the employees to the ground. Blackshell pointed a silver handgun at the victim’s head and instructed the victim to open the cash register. The victim opened the cash register, which contained approximately $80 in U.S. currency, and Lowry removed the money. In addition to the money, the defendant and Blackshell took an unknown quantity of cigarettes, tobacco, chewing gum and numerous rolls of scratch-off lottery tickets. Lowry and Blackshell then ran out of the store east toward Lake Avenue. Several of the stolen lottery tickets were redeemed by the defendant and others until the New York Lottery was able to invalidate the stolen tickets.
In addition to the charges related to the convenience store robbery, Lowry also pleaded guilty to possession of a stolen firearm. That charge related to a separate incident, which occurred on August 1, 2015—roughly a week-and-a-half before the 7-Eleven robbery—during which Lowry was found to possess a stolen shotgun. In that regard, on July 29, 2015, Rochester Police officers responded to 1070 Lake Avenue for a report of a burglary occurring at the residence. A resident told officers that intruders entered the house and stole a gun safe that contained three firearms including an AK-47 rifle, a .40 caliber rifle and a 12-gauge shotgun. Subsequently, on August 1, 2015, officers responded to Lowry’s residence at 33 Phelps Avenue in Rochester on an unrelated call for service. While there, officers observed a 12-gauge shotgun on the front porch of the residence, loaded with one round of ammunition. After tracing the firearm's serial number, investigators determined the gun was one of the three stolen on July 29, 2015, from the Lake Avenue residence. One of the other stolen guns, the AK-47 rifle, was later determined to be the murder weapon used in the shooting at the Rochester Boys and Girls Club on August 19, 2015. Johnny Blackshell was convicted in June 2016 on three counts of First Degree Murder in New York State court in connection with that incident.
Federal charges of Hobbs Act robbery and carrying and brandishing a firearm during a crime of violence are still pending against Johnny Blackshell. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The charges to which Lowry pleaded guilty carry a maximum penalty of life in prison and a fine of $250,000.
Today’s plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for March 9, 2017, at 11:00 a.m. before Judge Siragusa.
Lancaster Man Pleads Guilty to 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, pleaded guilty to possession of child pornography and receipt of child pornography before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 50 years and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in May, 2014, a 15-year-old female (Victim 1) 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 at least 50 naked pictures of herself to “Chris Richardson.” Victim 1 confided in her friend (Witness 1) who stated that “Chris Richardson” had also solicited pictures from her.
After a parent of took her phone away from her for approximately one year, Victim 1, in April 2014, got a new phone and was again contacted by “Chris Richardson” on “Kik.” Richardson demanded more naked pictures. Victim 1 sent an additional 100 pictures. Victim 1 told Witness 1 about the continued extortion, and Witness 1 told Victim 1 about a male, identified as “Dan,” who had reached out to her and offered to help deal with “Richardson.” Thereafter, Victim 1 was contacted by “Dan” who offered to 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, during a police photo array, Victim 1 identified the defendant Lombardo as the person she knew 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 plea 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.
Sentencing is scheduled for March 7, 2017, at 10:00 a.m. before Judge Vilardo.
Buffalo Woman Pleads Guilty to Fentanyl 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 Brittaney Ridgeway, 27, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, fentanyl before U.S. District Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that during the course of the conspiracy, the defendant and her boyfriend, Dellsean Hamilton, sold heroin and fentanyl in the Buffalo and Cheektowaga areas. On March 25, 2015, Cheektowaga Police officers recovered $2,315 in cash and 145 envelopes containing almost four grams of fentanyl following a traffic stop of a vehicle in which Ridgeway and Hamilton were riding.
Subsequent investigation determined that Hamilton was a large volume heroin supplier in Buffalo and the surrounding area and Ridgeway assisted him in the distribution of the heroin. Hamilton was arrested on January 11, 2016, also on distribution charges. Following Hamilton’s arrest, law enforcement officers learned that Ridgeway continued to distribute heroin. Officers made controlled purchases of heroin from Ridgeway on February 4 and February 11, 2016.
The plea is the culmination of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for March 20, 2017, at 12:30 p.m. before Judge Arcara.
Pakistani 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 Naeem Maqbool, 46, a citizen of Pakistan and resident of Canada, who was convicted of visa fraud, was sentenced to time served by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on September 6, 2016, at the Peace Bridge Port of Entry, the defendant presented a Pakistani passport which contained a United States non-immigrant visitor visa that had been secured by fraud. Maqbool, a commercial air pilot who had previously been denied visas on multiple occasions, was granted the visa after providing false information on that visa application. The defendant wanted to work in the United States and lied so that United States authorities would not find out about his prior visa denials. Maqbool was also in possession of a counterfeit Pakistani passport that was a high quality copy of an expired passport that had been altered to conceal travel to the Middle East.
The sentencing is the result of an investigation by United States Customs and Border Protection, under the direction of Rose Hilmey, Director of Field Operations.
Niagara Falls Man Arrested, Charged with Cocaine 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 Julias Hall, 31, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon. The charges carry a minimum penalty of five years in prison, a maximum penalty of life, and a $1,000,000 fine.
Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that on November 10, 2016, a search warrant was executed at the defendant’s house on 38th Street in Niagara Falls. Police officers recovered a loaded .22 caliber pistol, ammunition, and approximately 50 grams of suspected cocaine.
The defendant made an initial appearance today before the U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing scheduled for December 1, 2016, at 11:00 a.m.
The criminal complaint 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 Niagara County Drug Task Force, under the direction of Sheriff James Voutour.
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.
New Hampshire 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 Felix Wilson, 35, of Portsmouth, NH, pleaded guilty to possession of a firearm by a convicted felon, 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 Laura Higgins, who is handling the case, stated that on August 22, 2013, while riding a bicycle on East Ferry Street in Buffalo, the defendant carried a .22 caliber revolver on his person. In May 2011, Wilson was convicted of Attempted Robbery in the Second Degree in Erie County Supreme Court and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for March 9, 2017, at 1:00 p.m. before Judge Arcara.
Jamaican Man Pleads Guilty to Conspiracy to Commit FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Corey Buddle, 25, of Brooklyn, NY, pleaded guilty to conspiracy to commit mail and wire fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that the defendant, along with co-conspirators from Jamaica, defrauded elderly individuals residing in the United States by leading the victims to believe they won cash prizes of more than $1,000,000 and, in at least one case, a Mercedes Benz automobile. The victims were told they must pay “taxes” and other administrative expenses in order to collect their “prizes.”
One victim, an elderly man from the Rochester, NY area, was told numerous times in phone calls to send packages of cash to the defendant’s address in Brooklyn, NY. As a result, between May 20 and July 18, 2011, he sent a total of $130,000 in 16 packages via UPS and the U.S. Mail to Buddle.Another victim, an elderly resident of Missouri, was directed to deposit money into Buddle’s accounts at Bank of America. As a result, she made 26 deposits adding up to approximately $140,000 into Buddle’s accounts from July 11, 2012, through April 4, 2013. After April 4, 2013, the victim from Missouri was directed to send cash to the defendant’s residence, which she did by sending more than $50,000 in 10 different packages sent via UPS and Federal Express. Some of the money deposited into Buddle’s Bank of America accounts was withdrawn in Jamaica.
A third elderly victim, who lives in Florida, lost $37,000 by wiring the money into Buddle’s bank accounts in nine separate transfers between August 2, 2012, and April 4, 2013. This victim received a letter in April 2012 purporting to be from the FBI and the Department of Homeland Security, telling him he was $25,000 in arrears on his taxes. None of the victims received anything as a result of their “winnings.”
The guilty plea is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
Sentencing is scheduled for March 17, 2017, at 12:30 p.m. before Judge Arcara.
Lockport 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 Bob Odrzywolski, 73, of Lockport, NY, who was convicted of being a felon in possession of firearms, was sentenced to time served and three years supervised release by U.S. District Judge Elizabeth A. Woldford.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that the defendant, a convicted federal felon, obtained ammunition from a local retailer. Subsequently, a search warrant was executed at Odrzywolski’s Crosby Road residence. During the search, officers recovered seven handguns and approximately 6000 rounds of ammunition. The defendant was previously convicted of a federal crime and could not legally possess firearms.
The sentencing is the result of an investigation by the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.Houston Man Sentenced on Drug Charge Involving LRGP GangRead 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 Earl Brown, Sr., 55, of Houston, Texas, who was convicted of conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine and money laundering conspiracy, was sentenced to 135 months in prison by U.S. District Judge Lawrence J. Vilardo.
According to Assistant U.S. Attorney George C. Burgasser, who handled the case, Franklin Richards was a major supplier of cocaine to a drug trafficking organization in Buffalo known as L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. Richards obtained multiple kilograms of cocaine on a regular basis from the defendant Earl Brown which was shipped or transported from the Houston area to Buffalo. Richards then distributed cocaine to Dewayne Gray, who was the leader of the L.R.G.P. organization. Gray, in turn, processed much of the cocaine into crack cocaine which was later sold by various L.R.G.P. members. The cocaine was sold at various locations in the Broadway/Fillmore area of Buffalo.
Brown was also involved in money laundering activities. On December 14, 2012, Franklin Richards attempted to send $112,000 in drug proceeds to the defendant but the money was seized at the Buffalo Niagara International Airport.
Brown was arrested along with seven other defendants; all have been convicted.
The sentencing is the culmination of an investigation on the part of: Special Agents of 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 James J. Hunt, Special Agent-in-Charge, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the New York State Police, under the direction of Major Steven Nigrelli; and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Five Men Convicted and Sentenced for Illegal ReentryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Cruz Mejia, 21, and Sinai Aguilar-Rodriguez, 30, originally from Mexico but most recently of Buffalo, NY, along with Salustio Lopez-Marquez, 38, Everardo Lopez-Marquez, 36, and Joanathan Lopez-Marquez, 22, originally from Mexico but most recently of Cheektowaga, NY, pleaded guilty to illegal re-entry into the United States and were sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr.
Special Assistant United States Attorney Brian J. Counihan, who handled the case, stated that the five defendants were taken into custody in the early morning hours of August 8, 2016, while playing basketball in Orchard Park. The defendants were found in the United States after having been previously deported and removed from the United States to Mexico.
Joanathan Lopez-Marquez was previously removed from the United States on one occasion. Cruz-Mejia, Aguilar-Rodriguez, Salustio Lopez-Marquez had each previously been removed twice, while Everardo Lopez-Marquez had previously been removed three times. Following sentencing, United States Immigration and Customs Enforcement took custody of the defendants. All five worked for Sergio Ramses Mucino who was arrested on October 18, 2016, on charges of harboring illegal aliens.
The pleas and sentencings are the result of an investigation by the Orchard Park Police Department, under the direction of Chief Mark Pacholec, U.S. Border Patrol, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
Rochester Man Sentenced for Sex Trafficking of A MinorRead 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 Harris Hickman, 33, of Rochester, NY, who was convicted of sex trafficking of a minor, was sentenced to 188 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in March 2014, Hickman trafficked a 15-year-old minor by posting photographs of the minor in advertisements on Backpage.com., knowing the minor’s age and that the minor would be caused to engage in prostitution activity. Hickman also benefitted financially from the prostitution activities of the minor by getting part of the proceeds.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, under the direction of Special Agent in Charge Adam S. Cohen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Frewsburg Man Pleads Guilty to 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, pleaded guilty to healthcare fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant, then a full time teacher at Salamanca High School and a part time chiropractor in Salamanca, NY, 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 plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge and the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert.
Sentencing is scheduled for February 28, 2017, at 2:00 p.m. before Judge Vilardo.
Buffalo Man Sentenced 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 Michael Damian Rivera-Melendez, 27, of Buffalo, NY, who was convicted of attempt to possess cocaine with intent to distribute cocaine, was sentenced to 26 months in prison by Chief U.S. District Court Chief Judge Frank P. Geraci.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on April 29, 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 an amount of cocaine concealed in the package. During a controlled delivery of the package to the residence in Buffalo, Rivera-Melendez directed another person to sign for the package. When Drug Enforcement Administration agents attempted to arrest the defendant, Rivera-Melendez attempted to flee from law enforcement by escaping down a stairwell in the residence. Law enforcement ultimately arrested the defendant and recovered the opened package.
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 Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Two Defendants Arrested on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Tyrone Pennick, 40, of Amherst, NY, and Geneva Smith, 30, of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a minimum penalty of five years in prison and a maximum of 40 years.
Defendant Pennick is currently charged in a federal indictment for his role as the leader of a large-scale cocaine trafficking organization. In June 2014, Pennick was released under the condition of home incarceration.
Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the complaint, on November 17, 2016, the Erie County Sheriff’s Office conducted surveillance in the area of Pennick’s residence at 489 Emerson Drive in Amherst. Investigators observed a female, later identified as defendant Smith, leaving the residence carrying an open-top, tote style bag and entering a bronze colored Ford Flex.
Investigators continued to monitor the vehicle and noted that Smith began watching the surveillance vehicle closely in the rearview mirror. Smith subsequently began driving in an erratic manor at which point the defendant was observed reaching to the backseat area and moving the tote bag to the front seat. Investigators activated their emergency lights and conducted a traffic stop of the vehicle. Smith was detained and investigators removed what appeared to be two containers containing suspected cocaine from the tote bag.
A search warrant was then executed at Pennick’s residence at 489 Emerson Drive. Investigators recovered a metal press, digital scale, packaging material, a box of rubber gloves, a plastic bag containing disposable dust masks, a vacuum sealer, a vacuum sealed bag containing $49,990 in U.S. currency concealed in the dishwasher and a plastic bag containing suspected cocaine weighing approximately one ounce concealed in a box of oatmeal. Pennick was then arrested.
The complaint is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard and the Federal Bureau of Investigation, 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 Man Sentenced for Selling Drugs That Were Smuggled into the Attica Correctional FacilityRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerome Tallington, 28, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of heroin and conspiracy to commit such offenses, was sentenced to 21 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that the defendant sold heroin and marijuana to Elizabeth Camue Martinez. Between September 2013 and December 2013, Martinez then smuggled gram quantities of heroin and ounces of marijuana into the Attica Correctional Facility and provided it to her husband, Andres Martinez, who was at that time incarcerated in the facility. Mrs. Martinez did so knowing that her husband was, in turn, distributing the heroin and marijuana to other inmates.
Elizabeth Camue Martinez and her husband Andres Martinez have also been convicted and sentenced to 34 and 45 months in prison respectively.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police, under the direction of Major Steven Nigrelli, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Wyoming Country District Attorney’s Office, under the direction of Donald O’Geen, and the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Anthony Annucci.U.S. Attorney’s Office Launches Smart on Crime InitiativeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. today officially launched the Western District of New York’s Smart on Crime Initiative.
At the direction of the Attorney General in early 2013, the Justice Department launched a comprehensive review of the criminal justice system in order to identify reforms that would ensure federal laws are enforced more fairly and—in an era of reduced budgets—more efficiently. Five goals were identified as a part of this review:
• To ensure finite resources are devoted to the most important law enforcement priorities;
• To promote fairer enforcement of the laws and alleviate disparate impacts of the criminal justice system;
• To ensure just punishments for low-level, nonviolent convictions;
• To bolster prevention and reentry efforts to deter crime and reduce recidivism;
• To strengthen protections for vulnerable populations.Acting U.S. Attorney Kennedy stated, “To the man who only has a hammer in the toolkit, every problem looks like a nail. To those of us who have spent our legal careers working as prosecutors in the criminal justice system, the hammer, i.e., prosecuting the defendant for the most serious readily provable offense so that the longest term of imprisonment possible may be achieved, remains, in many instances, the appropriate tool of choice. Yet, increasingly, many are coming to the realization that some of the recurring problems we see may be better addressed with tools other than—or in addition to—our hammer.”
In the Buffalo and Rochester areas, Smart on Crime funding is being dedicated to two specific job readiness programs designed to enhance employment opportunities for defendants returning to the community following completion of their prison sentences. Noting that “the inability to find meaningful employment constitutes one of the largest obstacles confronting those who are released from prison,” Kennedy directed that a portion of the Smart on Crime funds be used to provide 10 individuals—five in Buffalo and five Rochester—with training and certification in asbestos removal and remediation. In addition, another 30 individuals are receiving forklift training and certification. Once trained and certified, these individuals will be better positioned to enter the workforce.
Kennedy further stated, “These previously convicted felons are literally and figuratively being given the opportunity to clean-up and raise-up their lives and our community. It’s a win-win in the sense that the individuals are benefitted by gaining skills which will afford them the opportunity to break the cycle of crime and establish themselves as productive members of society, while the community benefits by having a better trained workforce.”
Smart on Crime funding is also being dedicated to Recycle-A-Bicycle, an educational program for at-risk youth at the Matt Urban Hope Centers in Buffalo. As part of the program, students receive a donated bicycle and strip it down part-by-part to the frame. With the help of instructors, students re-assemble the bike, making modifications as they see fit. Students then then learn rules of the road, road safety, riding etiquette, hand signals, and how to plan to travel from place to place on two wheels via bike paths and bicycle infrastructure. Following completion of the course, students receive a set of lights, a lock, and helmet, and they get to keep the bicycle.
“This after-school program promotes the development of hands-on problem-solving skills and teaches kids the fundamental notion that they have the ability to fix things that are broken,” Kennedy said. “It also affords kids with an understanding of how to use tools, while promoting independence, mobility, and a healthy lifestyle.”
The programs receiving Smart on Crime funds will be monitored by Jason Flores, the Smart on Crime Coordinator for the U.S. Attorney’s Office in Buffalo.
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy Jr. announced today that Johannes Hiram, 50, of Buffalo, NY, who was convicted of possession 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 Scott S. Allen, Jr., who handled the case, stated that on March 14, 2014, law enforcement officers searched the defendant’s residence on Linview Terrace in Buffalo. The officers recovered a Compaq Presario desktop computer and a Hewlett Packard mini laptop. A subsequent forensic examination determined that the devices contained approximately 750 image files and 20 videos containing child pornography. Over 400 of the image files depicted the violent sexual abuse of children. Some of the images also depicted child victims under the age of 12.
After his arrest in March 2014, Hiram pleaded guilty in Erie County Court on May 28, 2014, to sexual contact with an individual less than 11 years old. As a result, the defendant is already a registered sex offender.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the Buffalo Police, Cheektowaga Police Department, and Niagara County Sherriff’s Office.
Rochester Man Pleads Guilty to Assaulting A Federal Court Security OfficerRead 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 Swyn B. Nelson, 48, of Rochester, NY, pleaded guilty to assault on a federal officer, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 8 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that, in the morning on October 5, 2016, a federal Court Security Officer was stationed inside the front entrance of the Kenneth B. Keating Federal Building, 100 State Street, Rochester, New York. At that time, he was performing his official duties, which included controlling access to the building, assisting in screening individuals entering the building for any prohibited items (including cameras, cell phones, weapons and explosives) and directing such individuals through a walk-through metal detector. Court Security Officers are employed by a private company pursuant to a security contract with the United States Marshal’s Service. Pursuant to the contract, Court Security Officers are responsible for, among other things, entrance control, roving patrol, stationary post assignments, and escort duties at the Kenneth B. Keating Federal Building.
Later in the morning on October 5, 2016, the defendant entered the front entrance of the Kenneth B. Keating Federal Building to report to the United States Probation Office. When the Court Security Officer asked for photo identification, the defendant threw his wallet and personal items into a tray in such a way that it caused some of the items to bounce out of the tray. The defendant stated that he was at the building to report to his Probation Officer. The defendant was asked to wait before entering the walk-through metal detector. The defendant did not comply with this order. As a result, the defendant was asked to walk through the metal detector a second time. The defendant did so and his personal items were then returned to him. At that time, the defendant raised his voice, stating “I want to shout at you,” and then walked aggressively toward the Court Security Officer in a restricted area (which is marked off by stanchions, rope and a table). The Court Security Officer ordered the defendant out of the restricted area. The defendant then charged at the Court Security Officer and struck the Court Security Officer on the right side of the head with a closed fist.
The plea is the result of an investigation by the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.Sentencing is scheduled for December 20, 2016, at 3:00 p.m., before Judge Larimer.
Buffalo Man Indicted for Distributing Fentanyl Which Resulted in DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Carlique DeBerry, 38, of Buffalo, NY, with distribution of fentanyl causing death and possession with intent to distribute fentanyl. The charges carry a mandatory minimum penalty of 20 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 indictment, on February 25, 2016, the defendant distributed a quantity of fentanyl that was used by an individual identified as R.G. which resulted in R.G.’s death.
Details of the charges were not immediately available as a detention hearing— during which prosecutor’s typically set forth the facts underlying the charges contained in the indictment—which had been scheduled for this afternoon before U.S. Magistrate Judge Michael J. Roemer was cancelled. Instead, DeBerry agreed to be detained pending the resolution of the charge against him.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
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 indictment is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent in Charge Scott Lampert.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Amherst Man Indicted on Multiple Charges of Fraud, Identity Theft and Theft of Government MoneyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a grand jury has returned a 48 count indictment charging Umar Adeyola 46, of Amherst, NY, with health care fraud, conspiracy to commit health care fraud, aggravated identity theft, making false statements in a health care matter, wire fraud, and theft of government money. The charges carry a maximum penalty of 22 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that according to the indictment, the defendant founded, organized, and managed the HEART Foundation, a not-for-profit organization intended to assist area youths, and Heart Community Alliance (“HCA”), a related for-profit organization, intended to provide clinical services, such as counseling and psychotherapy, to youths. Through his role with those organizations, Adeyola is accused of engaging in two major fraud schemes.
The first scheme involved attempts by the defendant, on behalf of HCA, to defraud private insurance companies Blue Cross Blue Shield, Independent Health, and Univera. Adeyola arranged for the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed. The bills falsely represented that the services had been rendered by properly licensed and credentialed social workers when, in fact, the services had actually been provided by other individuals, including interns. The scheme included the submission to the same insurance companies of bills for services which purported to have been rendered by a social worker who was actually hospitalized and/or deceased on the dates of service claimed.
In addition, Adeyola is accused of falsifying documents in response to an audit of HCA by Independent Health. During the course of the audit, the defendant allegedly made materially false statements to representatives of Independent Health, with respect to the deceased social worker who he claimed had rendered services at HCA.
The second scheme involved Adeyola’s theft of government funds in the form a federally funded grant received by the Heart Foundation. Specifically, in April 2013, the Heart Foundation was selected to be a recipient of a Department of Labor grant, administered by the Latino Coalition, an entity in California. Adeyola submitted in excess of 30 false and fraudulent reimbursement requests for grant funds, resulting in payment of approximately $135,000 to the Heart Foundation.
The defendant was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and released.
The indictment is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent in Charge Scott Lampert.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.