Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Sentenced for Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that David Young, 29, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to 20 years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in February 2015, a West Seneca Schools resource officer obtained information that the defendant had images of child pornography on a cellular telephone. The resource officer notified Cheektowaga Police who began an investigation. On February 13, 2015, officers searched Young’s computer and located images of child pornography, some that were produced by the defendant.
In January 2016, Young pleaded guilty in state court to Attempted Sexual Abuse in the 1st degree. Judge Wolford cited this incident as one of the factors in her sentencing decision.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Cheektowaga Police Department, under the direction of Chief David Zack and the West Seneca Police Department, under the direction of Chief Daniel Denz.
West Seneca Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Joseph S. Heleniak, 72, of West Seneca, NY, who was convicted of possession of child pornography, was sentenced to 120 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between August 30, 2013 and September 1, 2013, the defendant knowingly possessed images of child pornography that were stored on his AOL email account after obtaining them over the internet. Some of the images depicted prepubescent minors. Heleniak was previously convicted of possession of child pornography in 2005 in the Western District of New York and sentenced to 30 months in prison.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Adam S. Cohen, Special Agent in Charge, and the Cheektowaga Police Department under the direction of Chief David Zack. The task force includes the Buffalo Police Department, the Cheektowaga Police Department, and the Niagara County Sheriff’s Office.
Webster Man Pleads Guilty to Creating A False DocumentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brian Becker, 41, of Webster, NY, pleaded guilty to creating a false document, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the Internal Revenue Service levied the wages of Becker and his wife in order to collect $226,000 in unpaid federal income taxes owed by the couple. In September 2013, the defendant created a fraudulent release of levy form and submitted it to his employer and his wife’s employer in order to defeat the IRS levy on their wages. As a result of the fraudulent document, the employers released approximately $17,800 to the Becker’s that should have been paid to the IRS.
The plea is the result of an investigation by Special Agents with the U.S. Treasury Inspector General for Tax Administration, acting under the leadership of Special Agent in Charge Robert E. O’Malley.
Sentencing is scheduled for December 13, 2016 at 3:00 pm before Judge Wolford.
Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Willie Harris, 46, of Rochester, NY, who was convicted of possession of cocaine with intent to distribute and being a felon in possession of ammunition and a firearm, was sentenced to 115 months in prison and six years of supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on June 10, 2014, Harris was arrested at 49 Troup Street in Rochester after agents from the Federal Bureau of Investigation and officers of the Rochester Police Department executed a search warrant in one of the apartments at that address.
Prior to executing the search warrant, Harris spoke with officers and told them he had a short-barreled “rifle” and cocaine inside his apartment. Once inside of the location, officers found four bags of cocaine, as well a digital scale commonly used to measure drugs for distribution, small ziplock bags and approximately $180.00 in United States currency. Officers also located a Mossberg 500 C slide action shotgun, the barrel of which had been sawed-off to a length of 16 and 1/8 inches. Ammunition was also found with the shotgun.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Guatemalan Man Sentenced for Illegal Re-EntryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Fredy Otoniel Lopez Martinez, 30, of Guatemala, who was convicted of illegal reentry into the United States, was sentenced to time-served by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on July 7, 2016, U.S. Customs & Border Protection agents encountered the defendant at the Lewiston Bridge Port of Entry. Martinez was a passenger in a vehicle traveling to Michigan for an art show. The vehicle’s GPS directed the driver of the vehicle from Western New York through Canada. After Canadian officials did not allow the vehicle to enter Canada, border agents conducted immigration electronic systems record queries, which revealed that the defendant had a criminal record in the United States and that he had been previously deported on May 21, 2009, pursuant to an order by a U.S. Immigration Judge. Martinez admitted to an agent that he illegally entered the United States in December 2010 along the U.S.-Mexican border.The sentencing is the result of an investigation by U.S. Customs & Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey.
Former Buffalo State Graduate Student Pleads Guilty to Transmitting Threatening CommunicationsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Benjamin Bolton, 32, of Glendale, Colorado, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to transmitting interstate communications containing threats to injure the person of another. The charge carries a maximum of five years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant was admitted into Buffalo State College as a graduate student for the Fall 2013 semester. In April 2014, Bolton was suspended as a result of incidents at the school, including disputes with faculty members. Between June 2015 and August 5, 2015, the defendant made numerous telephone calls to faculty and staff personnel employed at Buffalo State, and to officers of the Buffalo State University Police Department. During many of these telephone calls, Bolton threatened to assault police officers, faculty, and staff members whom he identified by name.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Buffalo State University Police Department, under the direction of Chief Peter Carey.
Sentencing is scheduled for December 19, 2016 before Judge Vilardo.
Tennessee Man Arrested on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that David E. Rhoades, 36, of Goodlettsville, Tennessee, was arrested and charged by criminal complaint with possession of a firearm as an unlawful user of a controlled substance. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on August 28, 2016, the defendant attempted to enter Canada at the Peace Bridge Port of Entry. Rhoades was refused entry for possessing a loaded gun. The defendant was escorted by the Canada Border Services Agency (BEST) back into the United States to U.S. Customs and Border Protection. The gun was a 9mm pistol for which Rhoades did not have a permit to carry. Drug paraphernalia, including a pill bottle with cocaine residue, a pipe, rolling papers with marijuana residue, and a scale, was also found in the car and seized by officers.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations, and by the Canada Border Services Agency.The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tremmell Brown, 31, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to 12 months in prison by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on July 11, 2015, at about 4:30 a.m., officers from the Rochester Police Department responded to 100 Green Knolls Drive in Rochester, for a report of a man in the parking lot of an apartment complex with a shotgun. As officers arrived, they could hear music coming from a car in the parking lot. As they approached, Brown got out of the car holding a shotgun, walked around the car, and got back in. This pattern of behavior, which also included Brown pumping the shotgun, went on for several minutes before the defendant finally sat in his car with the shotgun and drove away.
Shortly after, Brown, who had left the apartment complex, re-entered the parking area and parked at 143 Green Knolls Drive in a handicapped parking spot. Officers approached Brown as he got out of his car and took him into custody. In the car, officers could see the shotgun in the back seat. A further search of the car uncovered a small amount of loose marijuana, a shotgun case and ammunition.
Brown told officers that he had the shotgun because he was going hunting but denied sitting in the parking lot and racking the shotgun. In addition, the defendant said that he knew, given that he was a convicted felon, it was illegal to possess a handgun but thought he could possess a shotgun.The sentencing is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Founders of Not for Profit Organization Convicted of Stealing United Nations Grant FundsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that following a five week trial, a federal jury has convicted Steve S. Jabar, of Tonawanda, NY, and Deborah Bowers, of Clarence, NY, of conspiracy to commit wire fraud, wire fraud and making false statements. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine."As established by today's verdicts, these defendants stole UN Funds intended to promote good works in a part of the world that desperately needed assistance, said U.S. Attorney Hochul. "The facts that the defendants took such money to pay personal bills makes these convictions particularly noteworthy."
IRS-Criminal Investigation Special Agent in Charge Shantelle P. Kitchen said: “At the very least, as citizens living in a charitable society, we expect that money intended for humanitarian causes actually helps the people it was intended to help and not those who divert it for their own purposes. A jury has now found that Mr. Jabar and Ms. Bowers took money that was supposed to promote women’s rights in Iraq, used it for their personal benefit, and lied to law enforcement in order to keep their crimes hidden. They are now held accountable.”
Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that the defendants founded a not for profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.
Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.
During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.
The verdict is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of Shantelle Kitchen and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
Jabar and Bowers will be sentenced on December 12, 2016 at 10:00 a.m. before U.S. District Judge Lawrence J. Vilardo who presided over the trial.
Former Brockport Fireman Sentenced for Mail Fraud, Forging Treasury Checks and Obstruction of JusticeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Steven Ray, 51 of Brockport, NY, who was convicted of mail fraud, forging treasury checks, and obstructing an official proceeding, was sentenced to 84 months in prison by U.S. District Court Judge David G. Larimer. The defendant was also ordered to pay $309,511 in restitution to the United States.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that federal law enforcement agents first encountered Ray related to his role in a mail fraud scheme involving stolen United States Treasury checks. In that case, Ray cashed more than 120 forged checks worth more than $400,000 over an 18-month period of time. The checks were stolen from residents in the New York City Area as well as from people in other parts of the United States. The stolen checks were mailed to Ray via the United States Postal Service at his Brockport home.
During that investigation, federal agents identified at least 13 area bank accounts controlled by the defendant under various names, including his own as well as a company he owned named Steray of Rochester. Ray took the stolen checks he received by mail and deposited them across multiple accounts. Many of the checks belonged to people who received Social Security payments, tax refunds, and other money drawn from the United States Treasury to help the intended recipients. As a result of the defendant’s scheme to defraud, Ray obtained more than $400,000, however, the United States was able to recover almost $100,000 from the banks during the investigation.
While out of custody awaiting sentencing on that case, the defendant filed a sentencing statement with the Court in May 2015. Among the items submitted to the Court in support of a downward departure sentence were several claims about Ray’s alleged heroic service as a Brockport Fireman. Specifically, the defendant claimed that he dove into a Brockport swimming pool and pulled a three-year-old unconscious child from the water and then performed CPR until help arrived. Ray also claimed that he was the first on the scene of an incident at SUNY Brockport in which a student fell down a stairwell. In that incident, the defendant claimed to have performed an emergency tracheotomy on the victim using only his penknife. However, the facts showed that his statements were all lies, and that Ray actually did none of these things.
In that same request for a downward departure sentence, the defendant also submitted a letter from a local resident attesting to Ray’s character and truthfulness. However, it turned out the letter was actually a forgery. Federal agents met with the witness who confirmed that he never wrote a letter in support of Ray, did not say the things in the letter, and pointed out that many of the things in the letter, including the spelling of the witness’ own name was wrong. Based on this, the Government filed a notice with the Court pointing out that the defendant submitted false material to the Court for sentencing. Ray received a copy of that statement the day it was filed.
Within hours of receiving that statement, the defendant went to the home of that witness, who is wheelchair bound, and coerced and intimidated him into submitting a false affidavit saying that he had actually written the letter to the Court. Ray did this late at night while the witness was already in bed. The defendant then had the false affidavit notarized and submitted to the Court.
Ray was an Officer with the Brockport Fire Department for the entire time he was engaged in the fraudulent scheme to defraud the United States. He was fired in March of 2015 following his felony plea to mail fraud but retained his Fire Department Badge and ID, which he continued to use after his termination.
The sentencing is the culmination of an investigation on the part of Inspectors from the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the Direction of Special Agent in Charge of the New York Field Office, Shantelle P. Kitchen.
Salamanca Chiropractor Arrested and Charged with Health Care FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Leo A. Kronert, Jr., aka Lee Kronert, of Frewsburg, NY, was arrested and charged by criminal complaint with health care fraud and false statements relating to health care matters. The charges carry 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 according to the complaint, between January 2011 and December 2015, the defendant, 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 claims included services allegedly performed on Kronert’s family members, claims for services the defendant did not provide, and claims for services allegedly provided while the defendant was out of town.
Kronert made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy. The criminal complaint 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 Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert.
The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced in Crack Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Lorenzo Snow, 43, of Rochester, NY, who was convicted of conspiracy to distribute crack cocaine, was sentenced to 108 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Frank T. Pimentel and George C. Burgasser, who handled the case, stated that from December 2011 until February 17, 2012, Snow, who has two prior felony drug convictions, supplied a co-conspirator, Angelina Evans, with crack cocaine. Evans then sold the cocaine out of a residence at 129 Lock Street in Lockport, NY. On numerous occasions in January and February 2012, Evans sold crack cocaine supplied by Snow from that location to an individual while being monitored by law enforcement officers. On February 17, 2012, officers executed a search warrant at the residence and found an ounce of powder cocaine, and smaller quantities of crack cocaine and marijuana.
Evans was convicted of the same offense for her role in the conspiracy and was sentenced in December 2013 to time-served.
Today’s sentencing is the result of an investigation by the Niagara County Drug Trask Force, under the direction of Niagara County Sheriff James Voutour, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Field Division.
Sentencing is scheduled for September 1, 2016, at 1:00 p.m. before Judge Arcara.
Former Local 17 President and Business Manager Sentenced on Racketeering Conspiracy and Hobbs Act ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- The United States Attorney's Office announced today Mark N. Kirsch, 57, former President and Business Manager of Operating Engineers Local 17, based in Hamburg, NY, who was convicted of conspiracy to commit racketeering and Hobbs Act conspiracy, was sentenced to 36 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $198,121.50 in restitution.
According to Assistant U.S. Attorney Timothy C. Lynch, who handled the sentencing, between at least January 1997 to December 2007, Kirsch participated in a criminal enterprise with the objective of extorting property from various construction firms throughout Western New York. The objective of the Local 17 criminal enterprise was to obtain several types of property through extortion, including: the property of construction contractors consisting of wages and benefits to be paid pursuant to labor contracts with Local 17; and the jobs and associated wages and benefits of employees of various businesses at construction sites in the Western District of New York. Among the unlawful means the defendant used to secure these objectives were actual violence, threats, intimidation, sabotage of property, and threats and attempts to interrupt and delay construction projects in order to drive up costs to the contractors and thus cause economic harm.
Kirsch was one of 12 defendants charged in this case. Seven others were also convicted, four were acquitted following a nine week jury trial.
The sentencing 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 New York State Police, under the direction of Major Steven Nigrelli.
Cheektowaga Man Sentenced for Violating Supervised ReleaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Justin Jeffrey Amato, 33, of Cheektowaga, NY, who was convicted of violating supervised release, was sentenced to 12 months in prison and four years of additional supervised release by Senior U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant was on supervised release with the U.S. Probation Department following a 2011 conviction for possession of child pornography. During this term of supervised release, Amato was ordered not to have deliberate contact with any child under 18 years of age. On August 10, 2016, the defendant was convicted of violating that release for having frequent contact with a two year-old minor child. Amato also visited two separate public facilities that feature activities for children.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the U.S. Probation Department, under the direction of Anthony SanGiacomo.
U.K. Citizen Sentenced for Role in Overseas Investment ScamRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Martin Rhys-Jones, 52, a citizen of the United Kingdom, who was convicted of laundering money derived in a wire fraud conspiracy, was sentenced to 72 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $2,897,130 in restitution.
Assistant U.S. Attorney Russell T. Ippilito, who along with retired Assistant U.S. Attorney John E. Rogowski, handled the case, stated that Jones, who was extradited from Spain, oversaw a “boiler room” scam in Barcelona, Spain, which conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices. Customers were told they were buying more valuable, regular shares of stock.
Approximately 250 investors lost more than $2,900,000 in the scam. A portion of the criminal proceeds were funneled through a bank account in Western New York before being sent to numerous overseas accounts controlled by Jones and his co-conspirator, Arnold Wrobel, a former resident of Buffalo. Wrobel was convicted in December 2015 and is awaiting sentencing.
A total of 12 defendants were arrested in the case, four have been convicted.
The sentencing is the result of an investigation on the part of Department of Homeland Security, Homeland Security Investigations, under the direction of James S. Spero, Special Agent in Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.
Webster Woman Sentenced on Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.— U.S. Attorney William J. Hochul, Jr., announced today that Janet Faticone, 51, of Webster, NY, who was convicted of fraud, was sentenced to 12 months in prison and three years supervised release by U.S. District Judge the Hon. David G. Larimer, United States District Judge after pleading guilty to one count of wire fraud.
Assistant U.S. Attorneys Tiffany H. Lee and Bradley Tyler, who handled the case, stated that between December 2012 and January 2014, Faticone managed a business, NYS Title and Abstract. The defendant prepared title insurance commitments, HUD forms, invoices and maintained client accounts. Faticone was aware that a title insurance underwriter is needed to prepare commitments. Neither the defendant nor NYS Title and Abstract were authorized title insurance underwriters.
Faticone caused false title insurance commitments, and in one instance, a false title insurance policy to be sent via wires. The defendant invoiced for fees totaling approximately $13,000 for the provision of mortgage loan title insurance that neither she nor NYS Title and Abstract had the authority to issue.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and Investigator Bill Fedrau of the New York State Department of Financial Services’ Financial Frauds and Consumer Protection Division, under the direction of Assistant Chief Sean Ralph, Director Frank Orlando, Executive Deputy Superintendent Joy Feigenbaum and Superintendent Benjamin M. Lawsky.
Irondequoit Man Sentenced in “Sextortion” CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jose Alvarado, 29, of Irondequoit, NY, who was convicted of receipt of child pornography was sentenced to 72 months in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Alvarado, then 26 years old, used his iPhone and other digital devices to coerce and entice a 15 year old female that he knew into having sex with him on multiple occasions. The defendant convinced his victim to take graphic photos of herself and send them to him using a texting application. Alvarado then sought to the control the girl through “sextortion” – that is, by threatening to expose the sexually-explicit pictures of her – and other means.
The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Adam S. Cohen, the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, and the New York State Police, Troop E, under the direction of Major Craig Hanesworth. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
Corning Business Owner Pleads Guilty to Fraud ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that the former owner and CEO of Cornerstone Homes, David Fleet, 52, of Corning, NY, pleaded guilty to mail fraud, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Fleet owned a real estate business from 1997 to 2014 that ultimately came to be known as Cornerstone Homes. Cornerstone’s business involved the purchase, renovation and resale or renting of distressed homes.
In order to acquire the distressed homes, Fleet sold debentures to private investors promising annual rates of return of 8%-10%. Fleet thereafter caused Cornerstone to borrow approximately $25,000,000 from various banks, and to pledge the houses that had been acquired with private investor money as security for the bank loans.
By March 2010, Fleet knew that Cornerstone’s operating income was insufficient to pay its debt service to the banks and the private investors. The defendant also lost more than $2,000,000 in risky options trades. However, Fleet continued to solicit additional private investments without disclosing Cornerstone’s true financial picture, including the fact that he had more than $2,000,000 of Cornerstone’s capital. In March 2010, Fleet raised approximately $84,000 from approximately 13 investors based upon statements and representations that were materially misleading.
The plea is the result of/culmination of an investigation by Inspectors of the United States Postal Inspection Service, acting under the direction of Inspector-In-Charge, Boston Division, Shelly Binkowski, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Internal Revenue Service, Criminal Investigations, under the direction of Shantelle Kitchen.
Sentencing is scheduled for November 29, 2016 at 3:00 p.m. before Judge Wolford.
Wyoming County Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Scott A. Wilcox, 46, of Pike, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 21 months in prison by U.S. District Elizabeth A. Wolford.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on January 25, 2015, Wyoming County Sheriff’s deputies searched the defendant’s residence at 7998 Wiscoy Road in Pike and found a Marlin .44 magnum caliber rifle, which belonged to Wilcox. Deputies also found 76 rounds of .44 caliber ammunition in an access panel in a bathroom. The defendant is a three-time convicted felon and is prohibited from legally possession firearms.
The sentencing is the result of an investigation on the part of the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.Jamestown Man Sentenced to Life in Prison for Drug Trafficking Activities That Led to the Murder of A Cooperating DefendantRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jose Martinez, aka Noelle, 47, of Jamestown, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to life in prison by Senior U.S. District Judge William M. Skretny.
“As the punishment in this case reflects, the defendant - convicted of narcotics trafficking - has been sentenced as a murderer,” said U.S. Attorney Hochul. “This Office will be relentless in utilizing all available federal tools to help ensure that those who pose a danger to our community are brought to justice.”
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Frank T. Pimentel, who handled the prosecution of the case, stated that between 2007 and June 2008 the defendant ran a drug trafficking organization in Jamestown, NY. Martinez supplied cocaine to another drug trafficking organization in Jamestown led by Quentin Leeper.
In May 2008, Martinez put out a contract for the killing of an individual identified as Quincy Turner. The defendant believed that Turner was cooperating with law enforcement officers who were investigating the drug trafficking activities of Quentin Leeper. On May 30, 2008, Quincy Turner was found dead of multiple gunshot wounds inside his Mercedes SUV in the parking lot of his automotive garage adjacent to the Jamestown Airport.
A total of 45 defendants were charged in connection with three drug trafficking organizations operating between Jamestown and Rochester, NY. 40 defendants have been convicted, three were acquitted at trial and two others died, including Quincy Turner.
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, Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Department Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace, and the Jamestown Police Department, under the direction of Chief Harry Snellings. Additional assistance was provided by the Chautauqua County District Attorney’s Office.Buffalo Man Sentenced for Setting A Buffalo Business on FireRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ryan Smolinski, 27, of Buffalo, NY, who was convicted of arson of a commercial building, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on June 13, 2014, Smolinski, along with co-defendant Lowell Carey and Christopher Gorman, went to 349 Ontario St., occupied by WNY Property Contractors, and threw a Molotov cocktail onto the roof of the building and placed anpther Molotov cocktail underneath a garage door on the side of the building.
On the night of June 12, 2014, Smolinski had been drinking with Carey and Gorman at Carey’s house. Smolinski was upset about his father losing his business, Western New York Property Contractors, which his father co-owned with another individual. Smolinski asked Carey and Gorman if they would help him burn the building. They agreed and made the two Molotov cocktails from beer bottles they had been drinking from and using gasoline and a t-shirt as a wick.
Smolinski, Carey, and Gorman proceeded to Western New York Property Contractors in the early morning hours of June 13, 2014 and set off the Lolotov cocktails. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.
Buffalo Man Sentenced for His Role in Setting A Buffalo Business on FireRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Lowell Carey, 56, of Buffalo, NY, who was convicted of arson of a commercial building, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on June 13, 2014, Carey, along with co-defendants Ryan Smolinski and Christopher Gorman, went to 349 Ontario St., occupied by WNY Property Contractors, and threw a Molotov cocktail onto the roof of the building and placed another Molotov cocktail underneath a garage door on the side of the building.
On the night of June 12, 2014, the three defendants were drinking at Carey’s house. Smolinski was upset about his father losing his business, Western New York Property Contractors, which his father co-owned with another individual. Smolinski asked Carey and Gorman if they would help him burn the building. They agreed and made the two Molotov cocktails from beer bottles they had been drinking from and using gasoline and a t-shirt as a wick.
Smolinski, Carey, and Gorman proceeded to Western New York Property Contractors in the early morning hours of June 13, 2014 and set off the Molotov cocktails. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.
Carey and Smolinski have been convicted and sentenced, Gorman has been convicted and is awaiting sentencing
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, and the Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.Buffalo Man Pleads Guilty to Drug Charge; His Brother Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jonathan Ortiz, 23, of Buffalo, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to 57 months in prison by U.S. District Judge Elizabeth A. Wolford. In a related case, his brother, Reynaldo Ortiz, 25, also of Buffalo, pleaded guilty to possession with intent to distribute and distribution of heroin and use of a firearm in furtherance of drug trafficking crimes before Judge Wolford. Those charges together carry a minimum penalty of 20 years in prison, a maximum of life and a $10,250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the cases, stated that in April 2015, law enforcement officers intercepted a package mailed from Puerto Rico to a residence on Hudson Street in Buffalo. The package contained a set of audio speakers. Four packets of cocaine, each weighing approximately one-eighth of a kilogram, were secreted inside the speakers. A controlled delivery of the package led to its retrieval by Jonathan Ortiz and another individual. The two were arrested after a sensor alerted officers that the package was opened.
Reynaldo Ortiz sold heroin and cocaine in the vicinity of Maryland Street and Trenton Avenue in Buffalo. At the time of his arrest in September 2015, he possessed a loaded AK-47-type rifle and two magazines containing 36 rounds of ammunition. Ortiz admitted to exchanging gunfire with a rival drug dealer over territory in the vicinity of Hudson Street and 7th Street.
The sentencing and plea are the result of investigations by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, and the and U.S. Postal Inspection Service, under the direction of under the direction of Inspector in Charge Shelly Binkowski.
Sentencing for Reynaldo Ortiz will be scheduled at a later date before Judge Wolford.
Buffalo Man Arrested on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jeffrey Early, 32, of Buffalo, NY, was arrested and charged 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 June 14, 2016, Buffalo Police Officers observed the defendant in the vicinity of 66 Barthel in Buffalo. Officers noticed Early wearing sweatpants and with his left hand on a bulge on his left leg. One of the officers then saw an extended magazine and shouted "Gun!" The defendant ran as the officers shouted multiple times "Gun! Drop It! Stop!" While fleeing from the officers, Early pulled a firearm from his waistband and jumped over a fence located at 75 Wasmuth.
While in the rear of the yard at 75 Wasmuth, officers saw the defendant with a firearm in his left hand and ordered him to drop the weapon and stop running. The complaint states that Early turned back toward the officers and jumped the fence of 75 Wasmuth and threw the firearm into a vacant field on the side of 75 Wasmuth. The defendant continued to flee from officers and jumped over the fence into 102 Barthel where he was taken into custody by officers. Buffalo Police officers immediately recovered the weapon, a Glock 9mm pistol loaded with one live cartridge in the chamber. Officers also recovered 32 live cartridges and a black piece from the bottom of the magazine and the spring to the magazine in the rear of 75 Wasmuth.The defendant will appear in court this afternoon for a detention hearing at 4:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, and the U.S. Marshals Service, under the direction of Charles Salina.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Arrested for Lying on Application for TSA Secure Airport IDRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Darnell Jerome, 20, of Rochester, NY, was arrested and charged by criminal complaint with making a false statement. The charge carries a maximum sentence of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendant applied for employment at a restaurant at the Greater Rochester International Airport. The restaurant was located in the sterile area of the airport, beyond the security screening zone. Employees of the airport or contractors who work in the restaurants or stores inside the sterile area are required to obtain a Security Identification Display Area (SIDA) badge and pass a federal background investigation.
In March 2016, Jerome filled out the application paperwork, including the SIDA badge application forms, and falsely reported that he had never been arrested. However, Jerome was convicted of a felony, Robbery, in Monroe County and sentenced to probation. The defendant’s conviction occurred approximately a month before his false statement on the SIDA badge application form.
Jerome made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and is due back for a status hearing on September 12, 2016 at 9:00 a.m.
The criminal complaint is the culmination of an investigation by the Federal Air Marshal Service, under the direction of Supervisory Air Marshal in Charge William Hall, and in cooperation with the Monroe County NY Probation Office and the U.S. Marshals Fugitive Task Force.
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 Ub Student Pleads Guilty to Drug and Money Laundering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul Jr. announced today that Zhe Wang, 20, of Queens, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, controlled substances and money laundering conspiracy, before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
“This is a case where virtual meets real,” said U.S. Attorney William Hochul. “However, as a result of today’s conviction, a crime committed in part in the virtual world will now result in a real world punishment.”
Assistant U.S. Attorney Wei Xiang, who is handling 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. Charges are pending against Szura and 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.
The plea 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.
Sentencing is scheduled for November 30, 2016, at 1:00 p.m. before Judge Arcara.
Former Air Force Reservist Sentenced for Distribution of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Steven Fine, 30, of Orchard Park, NY, who was convicted of distribution of child pornography, was sentenced to 96 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the investigation began when the defendant, a former United States Air Force Reservist, distributed videos containing child pornography to an undercover agent. On September 12, 2014, law enforcement officers executed a search warrant at the defendant’s mother’s house in West Seneca, NY and recovered electronics being used by Fine. A subsequent forensic examination determined that several of the electronics contained images and videos of child pornography, including a video that the defendant had produced of himself engaging in sexually explicit conduct with a minor under the age of 16.
The sentencing is the culmination of an investigation by the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Town of West Seneca Police Department under the direction of Chief Daniel Denz.
Buffalo Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Larry White, of Buffalo, NY, who was convicted of distributing crack cocaine, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on April 1, 2014, the defendant sold approximately 26 grams of crack cocaine at 74 Woltz Avenue in Buffalo to a confidential informant working with the Drug Enforcement Administration (DEA). On June 3, 2014, White again sold crack cocaine, approximately 25 grams, to a confidential informant working with the DEA.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Sex Offender Pleads Guilty to Failing to Update His Registration StatusRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Shawn Peterkin, 39, formerly of South Carolina, pleaded guilty before U.S District Judge Charles J. Siragusa to failure to update his sex offender registration status. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in 2011, the defendant was convicted of Taking Indecent Liberties with a Child in the State of North Carolina and was required to register as a sex offender. In October 2014, the defendant relocated to South Carolina and registered as a sex offender. However, in June 2015, Peterkin failed to update his registration. In November 2015, a warrant was issued for his arrest by South Carolina authorities. The United States Marshal’s Service found the defendant residing in Rochester, NY in February 2016. Peterkin admitted to being wanted in South Carolina for failure to register as a sex offender. He also admitted to not registering with any authorities in the State of New York.
The plea was the culmination of an investigation on the part of the United States Marshal’s Service, under the direction of Charles Salina.
Sentencing is scheduled for November 29, 2016 at 10:00 a.m. before Judge Siragusa.
Buffalo Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Larry White, of Buffalo, NY, who was convicted of distributing crack cocaine, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on April 1, 2014, the defendant sold approximately 26 grams of crack cocaine at 74 Woltz Avenue in Buffalo to a confidential informant working with the Drug Enforcement Administration (DEA). On June 3, 2014, White again sold crack cocaine, approximately 25 grams, to a confidential informant working with the DEA.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Buffalo Man Sentenced for Trying to Renew the Passport of A Dead ManRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Porfirio Rosa, a/k/a Luis Rosa, 74, of Buffalo, NY, who was convicted of making false statements in application for a passport, was sentenced to time served (six months) by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorneys Scott S. Allen, Jr. and Stephanie Lamarque, who handled the case, stated that on October 9, 2015, the Western Passport Center in Tucson, Arizona received a United States Passport Renewal Application from an individual identifying himself as Luis Rosa. The application was mailed from the defendant’s residence in Buffalo. As proof of identity and citizenship, the defendant submitted an expired U.S. passport issued in 2003 in the name of Luis Rosa.
Further investigation revealed that the name, social security number, and date of birth provided on the passport renewal application and original passport belonged to a man who died in 1995.
At the time of his arrest, the defendant was in possession of several New York State identification cards as well as federal Social Security cards containing several different names, dates of birth, and social security numbers.
The sentencing is the result of an investigation by the Diplomatic Security Service, U.S. Department of State, under the direction of William Ferrari and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent in Charge John Grasso.
Rochester Man Sentenced for Armed Crack Cocaine TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Nicholas Davis, a/k/a Holiday, a/k/a Hollywood, 34, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 280 grams or more of crack cocaine and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 210 months in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Davis and other members of the conspiracy were responsible for the distribution of significant quantities of crack cocaine throughout the Rochester area. The defendant, an admitted leader/organizer of the conspiracy, was involved in the purchase of kilogram quantities of cocaine, the manufacture of crack cocaine from cocaine, and the direct distribution of cocaine and crack cocaine to others. Davis also possessed and maintained firearms for protection in furtherance of the drug trafficking conspiracy.
The investigation by the Organized Crime Drug Enforcement Task Force resulted in the federal arrest of 11 defendants between May and October 2012. All defendants stand convicted.
The investigation included involvement by the Rochester Police Department under the direction of Chief Michael Ciminelli, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, New York Field Division, Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
Leader of Cheko’s Crew/7th Street Gang Sentenced on Rico Charge for His Role in Four Murders and Seven Attempted MurdersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Efrain Hildalgo, AKA Cheko, 30, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) conspiracy and discharging a firearm in furtherance of a violent crime, was sentenced to 330 months in prison by U.S. District Judge Richard J. Arcara.
“This case serves as a textbook example of how federal resources can remove entire gangs from a community,” said U.S. Attorney Hochul. “At the same time, this prosecution shows that once criminals are removed from our streets, a community can heal and thrive. Both the public – and any remaining criminals – can rest assured that we will not rest until all violent predators are brought to justice.”
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was a member of the Cheko’s Crew/7th Street Gang which was responsible for multiple acts of violence and the distribution of illegal narcotics on the West Side of Buffalo between 2000 and 2012. The narcotics included heroin, crack cocaine, cocaine, and marijuana.
The defendant admitted his role in the murders of four people including:
• November 11, 2004 murder of Nelson and Miguel Camacho in their Niagara Street residence. Josue Ortiz served 10 years in state prison for these murders. His conviction was vacated by an Erie County Court judge based on the findings of this federal investigation.
• August 11, 2009 murder of 10th St. Gang associate Eric Morrow.
• June 5, 2010 murder of Virgil Page on 19th Street.Hildalgo also participated in seven attempted murders including rival gang members Desmond Ford, Darnell McIntosh, Edwin Rivera and Saul Santana.
A total of 18 defendants have been charged and convicted in this case.
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 Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Steven Nigrelli, 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 Delano A. Reid.
Village of Westfield Employee Sentenced for Illegally Dumping Sewage into Chautauqua CreekRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Andrew Thompson, 34, of Westfield, NY, who was convicted of violation of the Clean Water Act, was sentenced to six months probation and a $10,000 fine by U.S. Magistrate Judge Jeremiah J. McCarthy.
“The very purpose of the Clean Water Act is to protect our most precious natural resource,” said U.S. Attorney Hochul. “This Office will not tolerate any individual -- in particular a public servant who should know better -- deliberately poisoning our nation’s waterways.”
Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that the defendant was the Chief Operator of the Waste Water Treatment Plant for the Village of Westfield, N.Y. On June 12, 2014, a malfunction occurred at the West Side Pump Station located in the Village. The pump station was unable to pump the untreated sewage flowing through the station, which resulted in untreated sewage being discharged into Chautauqua Creek. Based on an alarm that was triggered due to the sewage overflow, Thompson was aware of the discharge of sewage into the creek.
The following day on June 13, 2014, as workers were attempting to fix the pump station, the defendant directed them to discharge the untreated sewage pumped out of the pump station into Chautauqua Creek. Thompson did not have a permit issued under the Clean Water Act for the discharge of the untreated sewage, a pollutant, into the creek and acted negligently in allowing the untreated sewage to be discharged in such a manner.
The sentencing is the result of an investigation by agents of the Environmental Protection Agency, under the direction of Vernesa Jones-Allen, Special Agent-In-Charge and the New York State Department of Environmental Conservation under the direction of Captain Frank Lauricella.Hells Angels President Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that Richard W. Mar, 64, of Monterey, California, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine was sentenced to 10 years in prison by U.S. District Judge Charles J. Siragusa. Mar was also prohibited by Judge Siragusa from being a member of or associating with the Hell’s Angels for four years after his release from prison.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, from 2002 through July 2010, Mar – the President of the Hell’s Angels, Monterey (California) Charter at the time – supplied significant quantities of methamphetamine to a methamphetamine trafficking network operating in the Western District of New York. The leader of the network was James H. McAuley, Jr. – a member and Vice President of the Rochester Hell’s Angels. During the conspiracy, McAuley and other members of the conspiracy traveled to the Monterey, California, on numerous occasions to obtain pound-size quantities of methamphetamine from Mar, in exchange for cash. The methamphetamine was be transported and/or shipped from California to the Rochester area, where other members of the conspiracy would sell and distribute it to their customers.
In April 2007, McAuley was arrested on federal racketeering charges in the Northern District of New York. After his arrest and incarceration, McAuley continued to maintain control over the methamphetamine trafficking operation. Mar, acting at the direction of McAuley, distributed pound-size quantities of methamphetamine to McAuley’s wife, Donna Boon. Boon and other members of the conspiracy sold and distributed the methamphetamine to individuals in the Rochester area, Genesee County, and other locales. Mar, who admitted to trafficking up to 15 kilograms of methamphetamine during the course of the conspiracy, continued to supply the methamphetamine trafficking network until July 2010.
The sentencing is part of a larger investigation that resulted in the indictment and arrest of seven members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants – including Mar – were charged and convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Also convicted were:
James McAuley, sentenced to 300 months in prison;
Donna Boon, sentenced to probation and 12 months home incarceration;
Gordon L. Montgomery, sentenced to 60 months in prison;
Jeffrey A. Tyler, sentenced to 18 months in prison;
Richard E. Riedman, sentenced to 37 months in prison; and
Paul Griffin, sentenced to probation.In addition, Rochester Hell's Angels member Robert W. Moran, Jr., a/k/a Bugsy, was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Gina Tata was convicted of being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Defendant Timothy M. Stone was convicted of being an accessory after the fact to the assault.
On May 31, 2006, Moran – a member and officer of the Rochester Hell’s Angels – assaulted a patron, who made disparaging remarks about motorcycle clubs, at Spenders Bar on Lyell Avenue in Rochester with a baseball bat. Moran committed the assault in order to maintain his position in the Rochester Hell’s Angels. Gina Tata, who was the bartender at Spenders Bar at the time of the assault, tried to help Moran escape arrest and prosecution for the assault. Timothy Stone destroyed the hard drive and the baseball bat used to commit the assault. Moran was sentenced to 18 months in prison, Tata received probation and Stone was sentenced to 12 months in prison.
Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.
Waterloo Man Sentenced for Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ronald T. Spoor, 52, of Waterloo, NY, who was convicted following a jury trial of production and possession of child pornography, was sentenced to 30 years in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Bradley E. Tyler and Craig Gestring, who handled the prosecution of the case, stated that in December 2012, the New York State Police were alerted by officials at a school in Seneca County, NY, after minor students indicated they had been abused by Spoor. The defendant was interviewed by investigators and admitted to abusing two victims under the age of 10 years old. An investigation into the abuse allegations led State Police to execute a search warrant at the defendant’s Waterloo residence. Troopers seized computer hard drives, two pinhole cameras, and several flash drives. A forensic examination determined that four of the hard drives and a pinhole camera contained videos and images of child pornography including minor boys who had been videotaped by the defendant without their knowledge.
State Troopers notified the Department of Homeland Security for investigative support. Special Agents discovered that the pinhole camera had been installed by the defendant in a bathroom and used by the defendant to record minor children. The defendant also used a pinhole camera to surreptitiously record naked children in his camper. Agents conducted an interview with the defendant during the investigation. In that interview, Spoor admitted to using peer-to-peer software to search for child pornography online using specific search terms. Agents forensically recovered over 18,000 chargeable images involving children as young as toddlers being raped and sexually abused. Some of the material also included sadistic or masochistic images or images depicting violence.
In total, the federal investigation identified an additional three children, known to the defendant, who he victimized. During today’s sentencing, Judge Siragusa called the defendant “socially depraved and morally bankrupt.” He also referred to Spoor as a sexual predator. The federal sentence will run concurrent to Spoor’s state sentence of five years, which he got for performing fellatio on a child less than 10 years of age.
The conviction is the culmination of an investigation on the part of the New York State Police, under the direction of Major Craig Hanesworth and Immigration and Customs Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.
Canadian Man Pleads Guilty to Drug Charges Following Extradition to United States in Case Involving Largest Seizure of Cocaine in District HistoryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr, announced today that Alvin Randhawa, 35, of British Columbia, Canada, pleaded guilty to conspiracy to export from the United States into Canada five kilograms or more of cocaine, before U.S. Magistrate judge Leslie G. Foschio. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
“This case represents a success against another major international narcotics trafficking organization – this time operating in Canada,” said U.S. Attorney Hochul. “We will continue to work with all of our law enforcement partners to protect the threat posed by these dangerous substances.”
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between July 2010 and May 2011, Randhawa conspired with others to smuggle cocaine into Canada from the United States via several international bridges including ones in the Buffalo-Niagara region. Investigators believe that this organization trafficked approximately 2,000 kilograms of cocaine (approximately $80,000,000 in value) during the course of the conspiracy.Randhawa was indicted along with Gursharan Singh and Harinder Dhaliwal. Singh has been convicted. Charges are pending against Dhaliwal. 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.
Also charged in the conspiracy were Ravinder Arora, Michael Bagri and Parminder Sidhu. All three defendants have been convicted.
Today’s plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Officers from the United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations, the Peel Regional Police Department, under the direction of Chief Jennifer Evans, the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region and the Toronto Police, under the direction of Chief William Blair.
Sentencing will be scheduled at a later date before Senior U.S. District Judge William M. Skretny.
New York Man Pleads Guilty to Conspiracy to Provide Material Support to ISIL in Connection with Planned New Year’s Eve AttackRead the Press Release
Emanuel L. Lutchman, 26, of Rochester, New York, pleaded guilty today to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL).
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.
Lutchman pleaded guilty before U.S. District Judge Frank P. Geraci Jr. of the Western District of New York. He has been detained in federal custody since his arrest by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF) on Dec. 30, 2015. Sentencing is scheduled for Nov. 15, 2016, before Judge Geraci, where Lutchman faces a statutory maximum sentence of 20 years in prison, a $250,000 fine and a lifetime term of supervised release. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
“Emanuel Lutchman admitted to conspiring with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Assistant Attorney General Carlin. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
“Residents of this community can now sleep better knowing that a person who wanted to kill in the name of an infamous terrorist group – right on the streets of our city – will no longer be a threat,” said U.S. Attorney Hochul.
As part of his guilty plea, Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups, including all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the United States and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to ISIL supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar;” and contact information for the ISIL member and Al-Amriki.
According to the plea agreement, on Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do. Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the United States, that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the United States.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL, and also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible and reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that any victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
The investigation was conducted by the FBI’s Rochester JTTF. The case is being prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.
New York Man Pleads Guilty to Conspiracy to Provide Material Support to ISIL in Connection with Planned New Year’s Eve AttackRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051WASHINGTON – Emanuel L. Lutchman, 26, of Rochester, New York, pleaded guilty today to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL).
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.
Lutchman pleaded guilty before U.S. District Judge Frank P. Geraci Jr. of the Western District of New York. He has been detained in federal custody since his arrest by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF) on Dec. 30, 2015. Sentencing is scheduled for November 15, 2016, at 3:30 p.m. before Judge Geraci, where Lutchman faces a statutory maximum sentence of 20 years in prison, a $250,000 fine and a lifetime term of supervised release. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
“Emanuel Lutchman admitted to conspiring with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Assistant Attorney General Carlin. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
“Residents of this community can now sleep better knowing that a person who wanted to kill in the name of an infamous terrorist group – right on the streets of our city – will no longer be a threat,” said U.S. Attorney Hochul.
As part of his guilty plea, Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups, including all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the United States and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to ISIL supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar;” and contact information for the ISIL member and Al-Amriki.
According to the plea agreement, on Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do. Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the United States, that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the United States.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL, and also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible and reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that any victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
The investigation was conducted by the FBI’s Rochester JTTF. The case is being prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.
Man Sentenced to 49 Months for Possessing Molotov CocktailsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that William Lovell Smith, 48, of Buffalo, New York, who was convicted of receiving and possessing aa destructive device, that is, Molotov cocktails, was sentenced to a term of imprisonment of 49 months by United States District Court Judge William M. Skretny. This term of imprisonment, which will be followed by a term of 3 years supervised release, also included restitution in the amount of $70,000, to be paid to the victim. This sentence was the result of the defendant pleading guilty to a violation of Title 18, United States Code, Section 5861(d).
Assistant United States Attorney Joel L. Violanti, who handled the case, stated the defendant assisted in manufacturing at least two (2) Molotov cocktails. Molotov cocktails are devices generally consisting of glass bottles filled with gasoline around which are placed a fuse or method of ignition, and are designed to ignite and burn upon breaking. The particular devices were used on November 1, 2011, for the purpose of burning an occupied dwelling on Schreck Avenue, Buffalo, New York.
The successful prosecution was the culmination of an investigation on the part of the Alcohol, Tobacco, Firearms, and Explosives (ATF) under the direction of Special Agent in Charge, Delano A. Reid, and the Buffalo Fire Investigation Unit under the direction of Buffalo Fire Commissioner Garnell Whitfield.
Cheektowaga Woman Sentenced for Money Laundering ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nannette Brown, 47, of Cheektowaga, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to two years probation and a $500.00 fine by Chief U.S. District Judge William M. Skretny.
"It is often said that those who assist criminals are every bit as guilty as those who commit the initial offense,” said U.S. Attorney Hochul. “This case is an example of that principle."
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant conspired with her son, Tyshawn Bradley, to use the proceeds of Tyshawn Bradley’s cocaine distribution network to purchase real estate located in Buffalo. Brown admitted that her son asked her to purchase the following properties in her name in order to conceal Tyshawn Bradley as being the true owner of the properties: 8 Norway Park; 16 Cornwall Avenue; 514 Dodge Street; and 33 Gerhardt Street.
Brown, Tyshawn Bradley and nine others were arrested in April 2013 and charged with conspiracy to traffic 280 grams or more of crack cocaine and 500 grams or more of cocaine within the Perry Housing Projects. All 11 defendants have been convicted.
This case resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the 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 Delano A. Reid. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for this nation's illegal drug supply.
Two Niagara County Men Indicted on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned an 11 count indictment charging Timothy Laubacker, 25 of Lockport, NY, and Travis Guerriera, 26, of Olcott, NY, with conspiracy to distribute and receive child pornography, distribution of child pornography, receipt of child pornography, and cyberstalking. The charges carry a minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine. Laubacker also is charged with production of child pornography and attempted production of child pornography which carry a minimum penalty of 15 years in prison, a maximum of 30 years and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment and information revealed in Court, in September 2015, Victim 1 reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that Victim 1 sent to her then-boyfriend Travis Guerriera when she was about 14 years old.
During the investigation, it was determined that Laubacker was the individual who had contacted Victim 1 on Facebook. The investigation also determined that the co-defendant, Guerriera, had shared the initial images of Victim 1 with Laubacker. Victim 1 did not send the images requested by Laubacker. Thereafter, Laubacker posted a link on an anonymous website containing pornographic images of Victim 1.
In June 2015, Laubacker attempted to entice a second victim (Victim 2) via Facebook to produce pornographic images. When Victim 2 didn't comply, Laubacker threatened to distribute images that he claimed to have of Victim 2. These threats continued until November 2015. Laubacker made initial contact with Victim 2 during his former employment as a behavioral health aide at a mental health facility. Laubaker was terminated from that employment in late December 2015 for inappropriate communications with another minor female.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Laubacker was released on bail; a detention hearing is set for Guerriera on August 15, 2016 at 11:15 a.m.The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen and the Niagara County Sheriff’s Department, under the direction of James Voutour. The task force includes the Buffalo Police Department, the Cheektowaga Police Department and the Niagara County Sheriff’s Department. Additional assistance was provided by the St. Louis, MO office of the FBI.
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.Texas Man Guilty of Defrauding Area LenderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Bradley K. Boyd, 44, of Rhome, TX, pleaded guilty to wire fraud, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Boyd owned and operated a construction business in the Dallas, Texas, area. The defendant entered into a factoring arrangement with a Rochester-area lender. The arrangement called for the lender to provide Boyd’s business with immediate cash in exchange for invoices owed to Boyd’s business. From March 2011 to July 2011, the defendant prepared approximately $1,200,000 in fraudulent invoices, and submitted them to the lender. Based upon the fraudulent invoices, the lender provided Boyd’s business with approximately $830,000 in cash.
The plea is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen and Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.Sentencing is scheduled for November 15, 2016, at 8:30 a.m. before Judge Wolford.
Rochester Man Pleads Guilty to Bank FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Henry Joseph Williams, 50, of Rochester, NY, pleaded guilty to bank fraud before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 30 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Williams opened accounts at two area banks. Between May 2015 and August 2015, the defendant used his ATM cards to incur approximately $8,100 in charges which he then fraudulently disputed by falsely claiming that his ATM cards had been stolen. At the time of the offense, Williams was on federal supervised release for a 2012 wire fraud conviction.
The plea is the result of an investigation by United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski, and the United States Probation Department, under the direction of Anthony San Giacomo.
Sentencing is scheduled for November 8, 2016, at 3:30 p.m. before Judge Geraci.
17 Defendants Indicted in International Drug Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 30 count indictment charging 17 defendants with multiple narcotics offenses for their role in a drug trafficking organization that utilized contacts and sources of supply from Mexico, California, and elsewhere. This organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo.
“As set forth in the indictment and in Court, this organization represents the largest drug trafficking organization ever dismantled in this District, responsible for distributing tons of heroin, cocaine, fentanyl and marijuana on the streets of Buffalo, Lockport and Niagara Falls,” said U.S. Attorney Hochul. “The organization utilized front companies, deliverymen, and wholesalers to import and distribute the drugs in this area, and bookkeepers and money launderers to conceal the tens of millions of dollars sent from Buffalo back to the suppliers. Some intended user of these illegal drugs will potentially be alive tomorrow, thanks to the work done by law enforcement today.”
DEA Special Agent in Charge James J. Hunt stated, “The Sinaloa Cartel’s reach from Mexico into U.S. Cities is most evident in this investigation. The Gil Organization’s alleged trafficking turned the City of Buffalo into ground zero for fentanyl/heroin trafficking in NY State; fueling drug addiction, overdoses and violent crime. Through an unprecedented collaboration between law enforcement, DEA and our law enforcement partners have successfully dismantled the organization that spanned from Mexico to Buffalo at all levels of operation.”
IRS-Criminal Investigation Special Agent in Charge Shantelle P. Kitchen said, “Tracing the complex flow of proceeds from the sale of illegal drugs is a proven, effective tool in dismantling drug organizations and we are proud that we do it very well. Moreover, the collaboration of skilled financial investigators, drug investigators, and prosecutors provides a formidable adversary in the fight against local, national, and international drug organizations. IRS-Criminal Investigation is pleased to be associated with such partnerships, including this one.”Named in the indictment are:
• Jose Ruben Gil, a/k/a Unc, a/k/a Ruben Gil Campos, a/k/a Mayor of Mexico;
• Herman E. Aguirre, a/k/a 007, a/k/a Lucky, a/k/a Primo, a/k/a Freddy;
• Sonia Hernandez;
• Martha Aguirre;
• Juan Alfaro;
• Margaret Banuelos, a/k/a Lisa;
• Troy R. Gillon;
• Darryl J. Williams, a/k/a D;
• Trent Adair Hamilton;
• Michael Paul Mitchell;
• Demetrius Yarborough, a/k/a Tu-Tu;
• Rashawn Crule, a/k/a Black, a/k/a Shawn;
• Maulana Lucas, a/k/a Big Daddy, a/k/a Shabazz;
• Shirley Grigsby
• Ralik Hamilton;
• Joseph Thompson, a/k/a Jo-Jo, a/k/a Skools, a/k/a Skoolboy and
• Dion CheathamCharges include engaging in a continuing criminal enterprise; conspiracy to possess with intent to distribute heroin, fentanyl, and cocaine; money laundering conspiracy; possession with intent to distribute, and distribution of crack cocaine, heroin and fentanyl; maintaining a drug-involved premises; felon in possession of firearm and ammunition; possession of a firearm in furtherance of drug trafficking crimes; and obstruction of justice. All 17 defendants face a mandatory minimum sentence of 20 years in prison.
Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that according to the indictment, members of the organization created fictitious “front” companies including Triton Foods, Inc., Kamora Investment Enterprises, Inc. and Fresh Choice Produce, all of which were incorporated in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, New York.
Using these companies, the defendants disguised kilogram quantities of heroin, fentanyl, and cocaine on pallets described on inventory and other documents as containing “Sea Cucumbers.” The pallets bearing the illegal narcotics were secreted in containers sealed with foam or spray insulation to avoid detection by law enforcement.
Members of the organization also utilized numerous bank accounts at a financial institution to conceal and disguise drug proceeds.
During the course of the investigation, law enforcement officers seized over $2,500,000 worth of illegal narcotics, including:
• 52.5 kilograms of cocaine;
• 17.5 kilograms of heroin; and
• 8.5 kilograms of fentanylUsing standard dosage amounts, the seized drugs potentially represent over 1,500,000 “hits” of cocaine, and 2,700,000 “hits” of heroin.
The investigation further determined that between June 2013 and September 2015, members of the organization additionally distributed over 5,000 pounds of cocaine, heroin, fentanyl and marijuana in the Western New York area. The indictment alleges that approximately $20,000,000 was sent from Western New York banks to California in a one year period of time. The investigation into remaining members of the Gill/Aquirre drug trafficking organization continues.
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, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen.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.
Kingsmen Motorcycle Club Member Pleads Guilty to Rico ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Emmett Green, 45, of Delevan, N.Y., pleaded guilty to RICO conspiracy before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
“For the first time in this prosecution, a member of the Kingsmen Motorcycle Club has acknowledged that his former group is nothing other than a criminal front, engaging in such crimes as drug distribution, firearms sales, committing violence, and promoting prostitution,” said U.S. Attorney Hochul. “Any member of this or any other criminal organization who engages in similar criminal conduct should expect that they too will be brought to justice in the near future.”
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant admitted being a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such unlawful purposes as distribution of controlled substances, maintaining premises for use and distribution of controlled substances, possession, use and sale of firearms, sales of untaxed cigarettes, and promoting prostitution. The KMC sought to preserve and protect their power, territory, and reputation through intimidation, violence, threats of violence, assaults, attempted murder and murders, and was involved in placing victims, potential victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence.
Green further admitted that the Kingsmen operated by a strict chain of command and, at one point, the defendant was the Regional President of New York State serving under the direction of Kingsmen National President, David Pirk. Green also admitted that the Kingsmen disciplined non-compliant members. On December 2014, the defendant and co-defendant Robert Osborne, Jr., and others, assaulted a former Kingsmen for breaking club rules by punching the victim repeatedly in the body and chest and knocking him to the ground.
Green is one of 17 defendants arrested in this case and the first to be convicted. Other acts of alleged violence by the Kingsmen include the murders of KMC members Paul Maue and Daniel "DJ" Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on September 6, 2014.
The plea is the culmination of the an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices, Immigration and Customs Enforcement, Homeland Security Investigations, the Erie County Sheriff’s Office, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York State Police, the Olean Police Department, the Lancaster Police Department, the Amherst Police Department, the Town of Tonawanda Police Department, the Niagara Frontier Transportation Authority Police, the Cattaraugus County Sheriff’s Department, and the Hamburg Police Department.
Sentencing will be scheduled at a later date before Judge Wolford.
Buffalo Woman Sentenced for Conspiracy to Distribute FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sherylrica Quisenberry, 34, of Buffalo, NY, who was convicted of conspiracy to distribute fentanyl, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between May 7, 2013 and September 26, 2013, the defendant conspired with co-defendant Fannie Long to distribute controlled substances. Specifically, while Long was incarcerated on other charges, Quisenberry filled a fentanyl prescription for Long and then sold the fentanyl patches at Long’s direction to a third party. Subsequently, while Long was still in custody, Quisenberry made a medical appointment for Long so that upon Long’s release she would be able to obtain more fentanyl patches to sell.
On other occasions Quisenberry sold hydrocodone pills, alprazolam pills, methodone pills, and crack cocaine to other individuals.
Long was previously convicted and sentenced to 96 months in prison for her role in the conspiracy.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.Rochester Man Arrested, Charged with Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Scott Wilbert, 41, of Rochester, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a minimum sentence of 10 years in prison and a maximum of 20 years.Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that according to the complaint, the FBI Child Exploitation Task Force identified the defendant accessing child pornography online. Officers executed a search warrant at Wilbert’s residence and seized a laptop computer. A forensic examination of that computer recovered sexually explicit photographs of prepubescent children, some as young as toddlers.
Wilbert made an initial appearance before U.S. Magistrate Judge Jonathan Feldman. He is due back in federal court for a status hearing on October 6, 2016 at 9:30 a.m.
The criminal complaint is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The 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.
Bailey Boys Gang Member Pleads Guilty to 2012 Murder in Martin Luther King Park; Wounding of Four OthersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Tariq Brown, 23, of Buffalo, NY, pleaded guilty to 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 before 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. The charges carry a maximum penalty of life in prison and a $250,000 fine.
“Given that this horrific crime occurred in a park named for a man whose life was dedicated to non-violence, it is certainly significant to today remove from our streets one who so callously injured residents trying to enjoy the company of family and friends,” said U.S. Attorney Hochul."
According to Assistant U.S. Attorney Meghan A. Tokash, who is handling 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 plea 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 Delano A. Reid, New York Field Division. The Safe Streets Task Force includes the Amherst Police Department, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Erie County Sheriff’s Department, the Hamburg Police Department, the Niagara Frontier Transportation Authority Police, the New York State Police, Town of Tonawanda Police Department, the U.S. Border Patrol, the U.S. Immigration and Customs Enforcement, Homeland Security Investigations, the U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations.
Sentencing is scheduled for December 5, 2016 at 2:00 p.m. before Judge Arcara.
Lackawanna Woman Sentenced for Distribution of Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charisma Royster, 25, of Lackawanna, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine, was sentenced to two years probation by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that on September 15, 2014, the defendant sold a quantity of crack cocaine to a confidential informant working with officers of the Lackawanna Police Department. Subsequent analysis confirmed the presence of crack cocaine.
Royster is one of 18 defendants arrested in a drug trafficking operation that included sales made in and near the Gates Housing Project in Lackawanna. To date, six 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 investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge.