Western District of New York
Press releases recorded for this federal judicial district.
Village of Westfield Employee Pleads Guilty to 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, pleaded guilty to violation of the Clean Water Act before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of one year in prison, and a fine up to $25,000 per day of violation.
Assistant U.S. Attorney, Aaron J. Mango, who is handling 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 untreated sewage, a pollutant, into the creek and acted negligently in allowing the untreated sewage to be discharged in such a manner.
The plea 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.Sentencing is scheduled for August 16, 2016, before U.S. Magistrate Judge Jeremiah J. McCarthy.
Rochester Man Pleads Guilty to 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, pleaded guilty to conspiracy to distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling 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 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 and marijuana.
Evans previously pleaded guilty to the same offense for her role in the conspiracy and was sentenced in December 2013 to time-served.
The plea 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 Special Agent in Charge Delano A. Reid, New York Field Division.
Sentencing is scheduled for September 1, 2016, at 1:00 p.m. before Judge Arcara.
West Seneca Man Pleads Guilty to 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, 71, of West Seneca, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling 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 plea 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.
Sentencing is scheduled for August 19, 2016 before Judge Vilardo.
Two Men Sentenced in Connection with Murder in Chautauqua CountyRead 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 Jonathan Conklin, 45, who was convicted of carjacking, was sentenced to 25 years in prison by Senior U.S. District Judge William M. Skretny. The sentence will be served consecutive to a 25 years to life sentence Conklin received in Chautauqua County Court for murder.
In addition, Judge Skretny sentenced co-defendant Charles Sanford, 32, to 15 years for unlawful possession of a firearm and conspiracy to transport a stolen vehicle in interstate commerce.
“The victim in this case, Mary Whitaker, represented the best of our community,” said U.S. Attorney Hochul. “While the defendants' cowardly actions may have taken her life, they will never extinguish her generous and caring spirit which continues to live on in all who knew her.”
Assistant U.S. Attorney Timothy C. Lynch, who handling the case, stated that Conklin and Sanford robbed Mary Whitaker inside her Sherman, NY home on August 20, 2014. The two men approached the victim’s home and Sanford rang the doorbell. Soon after Whitaker answered the door, Conklin shot and killed her. Conklin and Sanford then stole her vehicle and drove it to Erie, Pennsylvania where they were arrested on August 22, 2014.
U.S. Attorney Hochul further stated “Today's sentence all but guarantees that these defendants will never be in position to injure another person.”
The sentencings are the culmination of an investigation on the part of the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Chautauqua County District Attorney’s Office, under the direction of Acting District Attorney Patrick Swanson, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.Two Men Plead Guilty in Major 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 Alvin Torres, Jr. pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, cocaine, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. In addition, Rafael Burgos, Jr. pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine which is punishable by a mandatory minimum 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between 2013 and June 10, 2015, law enforcement officers investigated a drug trafficking organization led by defendants Burgos and David Jesus Pagan. During the course of the investigation, it was determined that the defendants distributed multiple kilograms of cocaine throughout the Dunkirk area.
Burgos and Torres were arrested in June of 2015 along with Samuel Hernandez III, Javier Pagan, Jr., David Jesus Pagan, and Angel Pierluissi. Search warrants were executed at the time of the arrests at six properties which resulted in the recovery of more than seven kilograms of cocaine (the largest seizure ever in the City of Dunkirk) and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine. During a search of Burgos’ residence, officers discovered a secret room with a money counting machine.
Hernandez and Javier Pagan, Jr. have been convicted and are awaiting sentencing. Charges are pending against David Jesus Pagan and Angel Pierluissi. 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 pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Dunkirk Police Department, under the direction of Chief David C. Ortolano, the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb, and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.
Torres will be sentenced on September 7, 2016 at 10:30 a.m. before Judge Wolford. Sentencing of Burgos will be scheduled at a later date.
Franklinville Man Sentenced for Illegally Buying and Selling Elephant TusksRead 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 Ferdinand E. Krizan, 78, of Franklinville, NY, who was convicted of trafficking in prohibited wildlife, was fined $30,000 by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on November 6, 2013, Krizan, owner of Fred’s Antiques in Franklinville, purchased two elephant tusks from an auction house in Montreal, Quebec for $4,320 Canadian dollars. The defendant then had the tusks shipped to an address in Niagara Falls, Ontario.
On November 28, 2013, Krizan transported the tusks from Niagara Falls, Ontario into the United States through the Rainbow Bridge port of entry, violating the Endangered Species Act. Subsequently, on May 31, 2014, the defendant sold the tusks, along with four additional tusks to a buyer in Massachusetts for $50,000 American dollars. At the time of that sale, Krizan knew that the two elephant tusks had been improperly transported into the United States. At no time did the defendant apply for or receive a permit under the Endangered Species Act authorizing the importation, delivery, receipt, transportation, or sale of elephant ivory.
The investigation also determined that the defendant also illegally trafficked in other protected wildlife including:
• a Narwhal tusk, which he sold for $8,000 American dollars in violation of the Marine Mammal Protection Act;
• two elephant tusks, which he sold for $66,000 American dollars;
• a carved elephant ivory art object, which he purchased for $1,020 Canadian dollars;
• one elephant tusk, which he purchased for $3,130.68 Canadian dollars;
• one hippo ivory carving, which he sold for $1,400 American dollars;
• one elephant ivory musician carving, which he sold for $2,525 American dollars;
• one bronze and elephant ivory sosoon figurine, which he sold for $3,700 American dollars;
• one elephant ivory trip-tix, which he sold for $2,700 Canadian dollars; and
• one carved coral figurine, which he sold for $3,400 American dollars.
The total value of the wildlife trafficked by the defendant is $141,877.00. As part of the plea, the defendant will also abandon approximately 100 pieces of elephant ivory carvings.
The sentencing is the culmination of an investigation by the U.S. Fish and Wildlife Service, under the direction of Honora Gordon, Special Agent in Charge, Northeast Region, and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.Former Mail Carrier Pleads Guilty to Obstruction of MailRead 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 Jennifer Serrano, 26, of Tonawanda, NY, pleaded guilty to obstruction of the mail before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of six months in prison and a $5,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant, at the time a United States Postal Service mail carrier, failed to deliver more than 700 pieces of mail between March 2013 and February 2014. Serrano brought the undelivered mail to her residence and stored it there instead of delivering it. The defendant has since resigned from the Postal Service.
The plea is the result of an investigation by the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Sentencing is scheduled for August 16, 2016 at 2:00 p.m. before Judge McCarthy.
Cheektowaga Man Pleads Guilty to Aggravated Identity TheftRead 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 Paul Keener, a/k/a Aaron Silverman, a/k/a Paul Robison, a/k/a Scott Walker, 47, of Cheektowaga, NY, pleaded guilty to aggravated identity theft before Chief U.S. District Judge Frank P. Geraci. The charge carries a mandatory penalty of two years in prison.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that in 1996, the defendant escaped from state custody in Colorado. Soon thereafter, Keener purchased false identification documents associated with a confirmed missing person who has been missing from his family in Virginia since 1993. The defendant purchased the documents from a seller on Craigslist for $300.00.
From 1995 to the present, Keener maintained several aliases supported by false identification documents including U.S. passports and driver’s licenses. Law enforcement officials learned of the defendant’s presence in Western New York in January 2016. Using his aliases and false identification documents, Keener has crossed into Canada, registered to vote, applied for and received federal financial student aid, and has obtained Social Security cards.
The plea is the result of an investigation by the Diplomatic Security Service, U.S. Department of State, under the direction of William Ferrari, the Social Security Administration, Office of Inspector General, under the direction of Edward J. Ryan, and the United States Marshals Service, under the direction Charles Salina.
Sentencing is scheduled for August 18, 2016 at 11:00 a.m. before Judge Geraci.
Buffalo Man Sentenced on Cocaine 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 Dana Washington, 36, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine, was sentenced to 77 months in prison by U.S District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in January 2013, the defendant sold a half ounce of crack cocaine to a confidential source (CS) working with the Drug Enforcement Administration near Kensington and Fillmore Avenues in Buffalo. Washington sold a second quantity of cocaine to the CS in February of 2013 at William Street and Michigan Avenue in Buffalo.
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 Division.Buffalo Man Sentenced for Distributing 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 Alexander Snow, 34, of Buffalo, NY, who was convicted of distribution of fentanyl, was sentenced to 27 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Caleb J. Petzoldt, who handled the case, stated that between December 2014 and January 2015, the defendant distributed fentanyl in the city of Buffalo which included six undercover controlled purchases by the Drug Enforcement Administration.
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 Division.
Buffalo Man Pleads Guilty to 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, pleaded guilty to making false statements in application for a passport before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling 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 plea 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 Edward J. Ryan.
Sentencing is scheduled for August 18, 2016 at 11:30 a.m. before Judge Geraci.
Two Schuele Boys Gang Associates Sentenced on Drug 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 Andre Wise, 37, of Buffalo, NY, who was convicted of conspiracy to distribute marijuana, was sentenced to time served (six months) by U.S. District Judge Richard J. Arcara. In addition, Eric Sears, 49, also of Buffalo, who was convicted of conspiracy to distribute cocaine, was sentenced to 15 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, Wise conspired with other Schuele Boys associates and gang members to distribute marijuana in the City of Buffalo. During that same time period, Sears conspired with other Schuele Boys associates and gang members including Michael Robertson to distribute cocaine in Buffalo.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Wise and Sears are two of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 17 of the defendants have been convicted.
Today’s sentencings are the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of 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, the Town of Tonawanda Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Buffalo Man Sentenced for Distributing OxymorphoneRead 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 Vincent Sawicki, 64, of Buffalo, NY, who was convicted of distribution of oxymorphone, was sentenced to three years probation with six months of home detention by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on April 11, 2011, the defendant sold 40 Opana tablets to an undercover officer at 2175 South Park Avenue in Buffalo. On one occasion the previous month, the defendant sold 70 oxycodone tablets to an individual at the defendant’s residence.
The sentencing is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
Buffalo Man Pleads Guilty to Sex TraffickingRead 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 Kenneth White, 39, of Buffalo, NY, who was convicted of sex trafficking of a minor, was sentenced to 156 months in prison by U.S. Senior District Judge William M. Skretny.
Assistant U.S. Attorneys John E. Rogowski and Scott S. Allen Jr., who handled the case, stated that White utilized violent force to cause five victims to engage in commercial sex acts between 2006 and 2012. The sex acts occurred in cities across the country including New York, Philadelphia, Pittsburgh, Law Vegas, Atlantic City, and others. The defendant, who utilized the internet to advertise the victims and solicit customers, received all of the money earned by the victims as a result of these acts.
White knew that one of the victims (Victim1) was under 18 years old. The defendant initially made contact with Victim 1 through a chat line. On the first night the defendant met the Victim in person, White gave the child alcohol and marijuana, and sexually assaulted her. Ultimately, Victim 1 agreed to work for the defendant because (in her later words) she “did not have any money, was hungry, and needed to take a shower.” Victim 1 provided commercial sex acts for at least three customers a day.
The defendant often used force and violence against the victims. For instance, when the victims broke the defendant’s rules, he charged them “debts.” The rules included: victims were not allowed to make direct eye contact with the defendant and they were not allowed to possess their own cellular phones. When victims broke the “rules,” in addition to having to repay the financial “debts” through commercial sex acts, the defendant raped and battered his victims.
Other examples of force and violence used by the defendant:
• Victim 2 watched White violently beat his co-defendant with a broom handle, belt, and hair straightener.
• The defendant forced Victim 2 to perform commercial sex acts while severely bruised and sleep deprived and forced her to stay awake by forcing her to consume Red Bull and pills. At times, the defendant forced Victim 2 to have sex with 10 to 20 men per day.
• Victim 4 was also forced to watch the defendant beat his co-defendant. In June 2009, the defendant impregnated Victim 4, forced her to have an abortion, and then forced her to perform commercial sex acts on the same day as the procedure. Victim 4 was raped by a client on this same day.
• The defendant beat Victim 5 while she was seven months pregnant.
As a result of forcing his victims to perform commercial sex acts through violence and coercion, the defendant received hundreds of thousands of dollars.
The sentencing is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Internal Revenue Service, Criminal Investigations Division, under the direction of under the direction of Special Agent-in-Charge Shantelle P. Kitchen.7th Street Gang Member Sentenced for His Role in Murder of Rival Gang MemberRead 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 Esteban Ramos-Cruz, 29, of Buffalo, NY, who was convicted of racketeering conspiracy (RICO), was sentenced to 30 years by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and 2012, Cruz was a member of the Cheko’s Crew/7th Street Gang which was responsible for drug trafficking and violent crime on Buffalo’s West Side. During this time, as a part of the rivalry with the 10th Street Gang, the defendant shot and killed 10th Street Gang associate Eric Morrow on August 11, 2009. Cruz and co-defendant Jordan Hidalgo both shot at Morrow with Morrow being killed by the .22 caliber rifle discharged by Cruz. The defendant also sold illegal narcotics on Buffalo’s West Side.Cruz was one of 18 7th Street Gang members and associates indicted in this case. All 18 defendants have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the 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, New York Field Division. The task force includes representatives of 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, the Town of Tonawanda Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.Wayne County Sex Offender Pleads Guilty to 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 Brandon West, 39, of Lyons, NY, pleaded guilty to possession of child pornography involving prepubescent minors before U.S. District Court Judge Elizabeth Wolford. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, a $250,000 fine or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the investigation began when a child disclosed sexual contact by the defendant. Wayne County Child Protective Services contacted the New York State Police who began a criminal investigation. Upon learning that the defendant had child pornography on a cellphone and an online email account, State Police requested assistance from Homeland Security Investigations Cyber Crimes Unit. Federal investigators conducted field interviews and matched a sexually explicit photo recovered from the defendant’s cell phone to a local five year old child known to the defendant. In addition to several sexually explicit images of the five year old child, West also possessed more than 1,500 images of other children, many of whom were under the age of 12, being raped.In 2005, West was convicted in Wayne County of Sexual Abuse, First Degree, related to having sexual contact with an eight year old child. West is a Level II Sex Offender.
The plea is the culmination of an investigation by Investigators from the New York State Police, under the direction of Major Craig Hanesworth, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
West is scheduled to be sentenced on September 8, 2016 at 2:00 p.m. before Judge Wolford.
Washington State Man Sentenced for Filing over 1000 False Tax ReturnsRead 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 Maung No, 27, of Seattle, Washington, who was convicted of filing over 1000 false tax returns, was sentenced to 24 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution to the IRS in the amount of $2,323, 122.
Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that No was employed as a tax return preparer for VPS Income Tax in 2011 and BTC Income Tax in 2012. The fee charged for an income tax preparation was 10% percent of the tax refund amount plus bank fees. For the 2011 tax year, the defendant prepared returns for approximately 565 clients and claimed an education credit of $1,358, an American Opportunity Credit of $2,000 and a Federal Fuel Tax Credit of $183 on each return without the knowledge of the clients. No knew that the credits were false and that the clients were not entitled to claim such credits. As a result, clients received a larger federal income tax refund than they were entitled to, resulting in a loss of $3,543 to the Internal Revenue Service. The defendant continued to conduct similar actions for approximately 574 additional taxpayers resulting in a loss to the Internal Revenue Service of $1,129,319.
No also prepared tax returns for the 2012 tax year in the same fashion which resulted in a loss to the Internal Revenue Service totaling $1,202,803. The total number of fraudulent tax returns prepared by No was approximately 1,138 for a total loss to the IRS of $2,332,122.
The sentencing is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.
Tonawanda Man Sentenced on Drug Importation 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 Peter Viera, 23, of Tonawanda, NY, who was convicted of conspiracy to import methylone, a Schedule I controlled substance, was sentenced to 70 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between December 1, 2011, and May 22, 2013, the defendant ordered approximately $60,000 worth of methylone from China as part of the conspiracy to import and sell methylone in Western New York. On May 31, 2013, Viera was parked in a car across from the LaSalle Post Office in Niagara Falls, N.Y. observing a co-conspirator pick up a package from the Post Office, which had been sent from China. Unbeknownst to Viera and his co-conspirators -- the package was intercepted two days prior by U.S. Postal inspectors and found to contain approximately one kilogram of methylone.
Following his arrest, Viera fled to Tijuana while his case was pending and was gone for about seven months before until he was taken back into custody by Immigration and Customs Enforcement in San Ysidro, CA and transported back to the Western District of New York.
The sentencing is the result of an investigation on the part of 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 U.S. Postal Inspection Service, Boston Division, under the direction of Inspector in Charge, Shelly A. Binkowski.
Rochester Man Sentenced in Sex Trafficking 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 Brandon McNeal, 24, of Rochester, NY, who was convicted of conspiracy to commit sex trafficking of a minor, was sentenced to 108 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that McNeal conspired with others to recruit a minor female, knowing she was under the age of 18, to engage in commercial sex acts. Between July and August of 2015, the defendant had the child work for him as a prostitute. McNeal posted ads for the girl on Backpage.com, an internet classified advertising website. The defendant also arranged for the child to meet customers at a Motel 6 and paid for the hotel room.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation Task Force, which includes the Rochester Police Department, the Monroe County Sheriff’s Office, and Immigration and Customs Enforcement, Homeland Security Investigations.Buffalo Woman Pleads Guilty to Conspiracy to Distribute HeroinRead 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 Jeannette Knightner, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge William M. Skretny to conspiracy to possess with intent to distribute, and to distribute, heroin within 1,000 feet of public housing authority property. The charge carries a mandatory minimum penalty of one year in prison, a maximum of 40 years, and a fine of $2,000,000.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that in June of 2014, the defendant agreed with Reginald Royal, Sr. to store heroin at her previous residence at 31 Olcott Lower in Lackawanna. On June 11, 2014, Reginald Royal, Sr. sold $100 worth of heroin to a confidential informant at Royal, Sr.’s residence at 1 Olin Lane which is part of the Baker Homes Public Housing Projects, a public housing facility owned by the Lackawanna Municipal Housing Authority. The heroin sold to the confidential informant was retrieved from the defendant’s residence.
In addition, at the request of co-defendant Royal, Sr., on June 17, 2014, the defendant drove to Columbus, Ohio with another individual and purchased 23.5 grams of heroin for $2,200 that Royal, Sr. had provided to her. On June 18, 2014, as Knightner was driving back to New York, she and the other individual were pulled over by the Erie County Sheriff’s Office near Angola, NY and the heroin was discovered in the defendant’s purse.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, the Lackawanna Police Department, under the direction of James L. Michel, Chief of Police, and the Erie County Sheriff’s Office, under the direction of Timothy B. Howard, Sheriff.
Sentencing is scheduled for August 31, 2016 at 11:00 a.m. before Judge Skretny.
Buffalo Man Sentenced on Drug 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 Renwick Samuel, 51, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, was sentenced to time served (41 months) in prison.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between 2006 and December 2012, the defendant conspired with three co-defendants to possess and distribute cocaine in Buffalo. Samuel was arrested in December 2012 along with Angel Gonzalez and Mica Donadelle. Another co-defendant, Kevin Liburd, was arrested in 2014 in the Virgin Islands and extradited to the Western District of New York. Gonzales and Liburd have been convicted and sentenced. Donadelle has been convicted and is awaiting sentencing.
Today’s 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 task force includes representatives of 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, the Town of Tonawanda Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Two Men Arrested, Charged in 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 Clarence Adams, 34, of Buffalo, NY, and Michael Knight, 27, of California, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charges carry a mandatory minimum 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on May 13, 2016, law enforcement officers seized three packages containing suspected cocaine that were shipped from Texas to Buffalo. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo.
Before the controlled deliveries occurred, officers observed the defendants in a car parked near Main and Custer Streets. Adams was observed using multiple cellular telephones. Adams was also observed entering 36 Custer Street, leaving shortly after, and departing in the Black Mazda 6 he had been driving.
Around that time, the first package was delivered to a residence at 49 Tyler Street where the resident of that address accepted and signed for the package. The defendants arrived at 49 Tyler Street shortly after in the black Mazda 6. The recipient of the package exited her residence with the package, walked over to the black Mazda 6 and placed the package in the trunk. At that time, law enforcement officers arrested Adams and Knight.
The second package was delivered to the residence at 36 Custer Street. Ultimately, search warrants were executed and the package that had been delivered was found in the upstairs apartment. A third package was found in the downstairs apartment. Like the other packages, it also contained cocaine hidden in an air purifier.
According to the complaint, the three packages contained a total of five kilograms of cocaine and the recipients indicated they had been paid in crack cocaine to receive the packages.
During a subsequent search of a Mount Vernon Street residence where the defendants were staying, officers recovered a drug ledger that calculated the amount necessary to purchase 5 kilograms of cocaine from Adams’s bedroom. Also recovered were a digital scale and other drug preparation materials.
The defendants made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and are being held pending a detention hearing on May 19, 2016.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Court of Appeals Affirms Conviction of Former PhysicianRead 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 the United States Court of Appeals for the Second Circuit affirmed the October 2013 jury conviction of John E. Maye, a licensed physician, for the unlawful distribution and dispensing of a controlled substance. The Court also affirmed the defendant’s 12 month prison sentence imposed by Senior U.S. District Judge William M. Skretny.
According to the Government’s trial evidence, between 2004 and 2006, Maye authorized nearly 10,000 prescriptions for medications such as Hydrocodone, Xanax, Loritab, Vicodin, Valium, and Ambien. The Government demonstrated that Maye issued the prescriptions using the internet, and without personally seeing an estimated 12,000 patients. The Government showed that the defendant grossed approximately $1,100,000 through this activity.
In its decision, the Court said that there was sufficient evidence from which the jury could find that Maye did not act in “good faith.” The Court noted that Maye never conducted in-person examinations of patients, authorized prescriptions without obtaining or reviewing medical records, had extremely brief conversations with patients or no conversations at all, and did not make diagnoses prior to prescribing medication. The Court said that this was sufficient to show that Maye was not acting with “a reasonable belief as to proper medical practice.”
“While the vast majority of medical professionals conduct their practice according to legal and ethical standards of reasonable medical care, this case demonstrates that occasionally, a doctor may become nothing other than a drug dealer with a medical license,” said U.S. Attorney Hochul. “This Office will continue to enforce all federal laws regardless of the title or educational achievement of the defendant.”
The conviction and sentencing were the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, under the direction of Acting Special Agent in Charge Russell Hermann.
M&T Bank Agrees to Pay $64 Million to Resolve Alleged False Claims Act Liability Arising from Fha-Insured Mortgage LendingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—The Department of Justice and the United States Attorney’s Office announced today that M&T Bank Corp. (M&T Bank) has agreed to pay the United States $64 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) that did not meet applicable requirements. M&T Bank is headquartered in Buffalo.
“In some instances, M&T Bank deviated from its responsibility to originate and underwrite mortgages in accordance with the standards required by the FHA,” said First Assistant U.S. Attorney James P. Kennedy Jr. for the Western District of New York. “This case demonstrates that when a financial institution takes such a detour, we will work to ensure that it does not bypass the consequences of that conduct.”
“Mortgage lenders that fail to follow FHA program rules put taxpayer funds at risk and increase the chances of borrowers losing their homes,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to hold lenders accountable for knowingly submitting ineligible loans for FHA insurance.”
During the time period covered by the settlement, M&T Bank participated as a direct endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate, underwrite and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan. Under the DEL program, the FHA does not review a loan for compliance with FHA requirements before it is endorsed for FHA insurance. DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance, to maintain a quality control program that can prevent and correct deficiencies in their underwriting practices, and to self-report any deficient loans identified by their quality control program.
The settlement announced today resolves allegations that M&T Bank failed to comply with certain FHA origination, underwriting and quality control requirements. As part of the settlement, M&T Bank admitted to the following facts: between January 1, 2006, and December 31, 2011, it certified for FHA insurance mortgage loans that did not meet HUD underwriting requirements and did not adhere to FHA’s quality control requirements. Prior to 2010, M&T Bank failed to review all Early Payment Default (EPD) loans, which are loans that become 60 days past due within the first six months of repayment. Between 2006 and 2011, M&T also failed to review an adequate sample of FHA loans, as required by HUD.
Additionally, M&T created a quality control process that allowed it to produce preliminary major error rates that were significantly lower (sometimes below one percent) than what the rate would have been if M&T had calculated its preliminary major error rate by dividing the number of loans with preliminary major errors by the number of loans reviewed to determine what percent of loans contained a preliminary major error.
M&T Bank also failed to adhere to HUD’s self-reporting requirements. While M&T Bank identified numerous FHA insured loans with “major errors” between 2006 and 2011, M&T Bank did not report a single loan to HUD until 2008, and thereafter self-reported only seven loans to HUD. As a result of M&T’s conduct and omissions, HUD insured hundreds of loans approved by M&T that were not eligible for FHA mortgage insurance under the Direct Endorsement program and that HUD would not otherwise have insured. HUD subsequently incurred substantial losses when it paid insurance claims on those loans.
“This recovery on behalf of the Federal Housing Administration should serve as a reminder of the potential consequences of not following HUD program rules and the value of private citizen assistance, including whistleblowers, in pursuing lenders that violate the rules,” said Inspector General David A. Montoya of the Department of Housing and Urban Development.
“It is critically important that FHA-approved lenders comply with HUD’s underwriting standards and originate mortgages that borrowers can sustain,” said HUD General Counsel Helen Kanovsky. “We are pleased M&T Bank worked with the Department of Justice and HUD to arrive at an agreeable settlement that protects FHA’s insurance fund.”
The allegations resolved by this settlement arose from a whistleblower lawsuit filed under the False Claims Act by a former employee of M&T Bank, Keisha Kelschenbach. Under the False Claims Act, private citizens can sue on behalf of the government and share in any recovery. The share to be awarded in this case has not yet been determined.
The settlement is the result of a joint investigation conducted by HUD, HUD’s Office of Inspector General, the Civil Division and Assistant U.S. Attorney Kathleen Lynch, U.S. Attorney’s Office for the Western District of New York.
Canadian Man Convicted and Sentenced on Alien 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 Leszek Budzyna, 50, of Mississauga, Ontario, Canada, pleaded guilty to encouraging and inducing an alien to illegally enter the United States for financial gain, before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendant was sentenced to time served.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on March 1, 2016, the defendant attempted to facilitate the entry of two aliens into the United States via the Peace Bridge. Budzyna was driving a tractor trailer and, when questioned during primary inspection, stated that he was traveling alone. During an x-ray examination of the tractor trailer and subsequent inspection, U.S. Customs and Border Protection Officers identified two aliens concealed in the passenger compartment of the truck. The defendant intended to drive the two aliens into the United States in return for $10,000. Budzyna knew that the two aliens could not lawfully enter the United States.
The plea and sentencing are the culmination of an investigation by officers of the United States Customs and Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey.
Buffalo Man Indicted on Charges of Production and Possession of Child PornogrphyRead 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 eight count superseding indictment charging Daniel G. Sasiadek, 61, of Buffalo, NY, with production of child pornography and possession of child pornography. The charges carry a mandatory 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 superseding indictment, during the execution of a search warrant at the defendant’s Wheelock Street residence in Buffalo in July, 2015, numerous computer devices were seized. Further analysis revealed that Sasiadek produced and possessed child pornography.
The defendant has been in custody since his arrest in July 2015. He was arraigned on the superseding indictment today before U.S. Magistrate Judge Hugh B. Scott and continues to be held.
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. The task force includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Buffalo Men Indicted on Heroin and Cocaine 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 a 12-count superseding indictment charging Manuel Freire, a/k/a Barney, 34, and Jose Feliciano-Miranda, a/k/a Palomo, 35, both of Buffalo, NY, with conspiracy to possess with intent to distribute, and to distribute one kilogram or more of heroin and five kilograms or more of cocaine, possession with intent to distribute, and distribution of heroin, possession with intent to distribute, and distribution of cocaine, maintaining a drug-involved premises, and possession of a firearm in furtherance of drug trafficking crimes. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment and previously filed complaints, law enforcement officers executed a search warrant at Freire’s bakery at 247 Niagara Street in Buffalo on April 1, 2016. Hidden inside a mixer were approximately 400 grams heroin and 600 grams of cocaine.
Officers also executed a search warrant at Feliciano-Miranda’s residence and recovered a quantity of heroin and a loaded Glock firearm. A search of Feliciano-Miranda’s vehicle revealed a sophisticated hydraulic “trap” or hidden compartment that had been built into the cargo area.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being detained.The indictment is the result of an investigation 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 Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski. The task force includes representatives of 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, the Town of Tonawanda Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Arrested, Charged with Production 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 Thomas Hopkins, 24, of Rochester, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum sentence of 15 years in prison, a maximum of 30 years and a fine of up to $250,000.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, Hopkins surreptitiously recorded a 13 year old child naked while she was in the bathroom on multiple occasions. The defendant used his iPod to video record the child through a hole in the bathroom wall, and then emailed the sexually explicit videos to himself.
Hopkins made an initial appearance today before U.S. Magistrate Judge Jonathan Feldman. The defendant is being held pending a detention hearing on May 18, 2016 at 1:00 p.m.
The criminal complaint is the culmination of an investigation by Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
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 Couple Charged with Sex 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 Frederick Evans, 38, and LaShara Evans, 36, both of Rochester, NY, were charged by criminal complaint with sex trafficking with force, fraud or coercion and sex trafficking of a minor. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, the investigation began when law enforcement spoke with an individual who indicated that she had been trafficked by Frederick Evans, and his now wife, “Shar”, who she later identified as LaShara Evans, since the age of 15. The witness told law enforcement officers she first met Frederick Evans at the age of 15 and he got her involved in prostitution adding he advertised her on Backpage.com. The witness further stated that she and “Shar” were engaged in prostitution activities in Rochester, Syracuse, Watertown and Buffalo. The money would be turned over to Frederick Evans or LaShara Evans.
The witness also disclosed the name of other individuals who were being prostituted by Frederick Evans. A second witness confirmed that when she was 15 or 16 years old, she was engaged in prostitution with the first witness and her “people” in Binghamton and eventually, the entire group was stopped by a New York State Trooper. A review of police records revealed that a NYS Trooper had stopped Frederick Evans, LaShara Medina (the maiden name of LaShara Evans), and the first and second witnesses in December 2011. A third witness indicated that she too had been prostituting for Frederick Evans, starting when she was 17 years old. The third witness indicated Frederick Evans took her to Louisiana and was “abusive.”
The defendants made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman. LaShara Evans was released on conditions. Frederick Evans is being held pending a detention hearing scheduled for May 16, 2016.
The investigation is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen, Special Agent in Charge and the Monroe County Sheriff’s Office under the direction of Sheriff Patrick O’Flynn and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
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.
Perry Housing Projects Drug Trafficker SentencedRead 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 Dallas McLamore, 30, of Buffalo, NY, who was convicted of conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects, was sentenced to 135 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Timothy C. Lynch and Michael J. Adler, who handled the prosecution, stated that the defendant was part of a narcotics trafficking ring headed by Tyshawn Bradley that operated primarily in the Perry Housing Projects in Buffalo. Bradley’s organization maintained several apartments on the grounds of the projects, operated by the Buffalo Municipal Housing Authority, where members of Bradley’s organization, including the defendant, sold crack cocaine on a daily basis.
The defendant was arrested along with nine others on April 3, 2013 following the execution of search warrants at several locations in the City of Buffalo and Cheektowaga, including at 124 Fulton Street and 305 Perry Street, which are located at the Perry Housing Projects. During the searches at the Perry Housing Projects, officers recovered over 300 grams of crack cocaine and 700 grams of powered cocaine as well as a sawed-off, 9mm semiautomatic rifle.
To date, all 10 defendants have been convicted.
Today’s 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 task force includes representatives of 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, the Town of Tonawanda Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.Jury Convicts Rochester Man of Narcotics and Firearms Offenses in A Case Involving Two MurdersRead 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 Angelo Ocasio, 41, of Rochester, NY was convicted following a federal jury trial of conspiracy to possess and distribute five or more kilograms of cocaine, 280 or more grams of crack cocaine, one kilogram or more of heroin and a quantity marijuana and of possessing, carrying, using and discharging firearms during, in relation to and in furtherance of the narcotics conspiracy. The firearms charge related to the murder of Jose Troche in January 2010 and a shooting and murder at 137 Cameron Street in July 2009.
The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life and a $4,000,000 fine.
According to Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, Ocasio was arrested along with seven other defendants related to a long-term and violent narcotics trafficking ring in the City of Rochester headed by James Kendrick and his brother Pablo "Paul" Plaza.
Four co-defendants have been convicted. Three other co-defendants, including James Kendrick, his brother Pablo Plaza and their mother, Janine Plaza-Pierce, are scheduled to go to trial on June 6, 2016. Their charges include narcotics and firearms related offenses, two murders and several additional shootings. Francisco Santos was murdered in October 1998, his body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, NY. The second murder charged was that of their relative Ryan Cooper between May and July 1999. Cooper’s body has never been found. The murder of Jose Troche on January 14, 2010 in Rochester will also be at issue in the case. 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.
Co-defendant, Angelo Cruz, was sentenced to 25 years in prison today for participating in the drug conspiracy and in the murder of Francisco Santos.
The conviction is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing of Angelo Ocasio is scheduled for September 7, 2016 at 2:30 p.m. before Chief U.S. District Judge Frank P. Geraci who presided over the prosecution of the case.Buffalo Man Pleads Guilty to 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 Jonathan Ortiz, 23, of Buffalo, NY, pleaded guilty to attempted possession with intent to distribute cocaine before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that 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, inside of which were four packets of cocaine weighing approximately one pound (one-half a kilogram). Ortiz and co-defendant Ivan Hernandez attempted to retrieve the package as it was delivered. The defendants were arrested after a sensor alerted that the package was opened.
Hernandez was convicted and sentenced to 30 months in prison.
Today’s plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the U.S. Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge of the Boston Division.
Sentencing is scheduled for August 24, 2016, at 11:00 a.m. before Judge Wolford.
Schuele Boys Gang Member 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 Fred Johnson, aka Macaroni, 23, of Buffalo, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to time served (22 months) by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that as a member of the Schuele Boys Gang, the defendant purchased cocaine from co-defendant Michael Robertson. Johnson then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.
On July 23, 2014, law enforcement officers executed a search warrant at the defendant’s Fisher Street residence and recovered a .22 caliber pistol.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Johnson was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. Thirteen defendants have been convicted. On March 24, 2015, an additional seven members and associates were indicted. Four other Schuele Boys members were indicted separately.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Buffalo Man 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 Ricky Lee Pyzikiewicz, 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute cocaine and being a felon in possession of a firearm, was sentenced to 37 months in prison by U.S. District Judge Elizabeth Wolford.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on November 15, 2010, law enforcement officers searched the defendant’s residence on Maurice Street in Buffalo. Officers seized baggies later determined to contain cocaine and marijuana as well as a rifle and ammunition.
The search was part of an ongoing criminal investigation into narcotics trafficking by Pyzikiewicz and co-defendant Ashley Marie Gnocchini, 29, of Cheektowaga, NY. During the morning hours of November 15, 2010, officers had set up an undercover purchase with the defendants. As Pyzikiewicz and Gnocchini drove to the area of Milestrip Road and McKinley Parkway in Hamburg, NY, Orchard Park, NY police officers pulled over the car the two were riding in. Pyzikiewicz appeared to hide something under his seat. A Hamburg Police Department canine unit responded to the scene, and alerted for the presence of narcotics. A subsequent search was conducted and quantities of cocaine were recovered.
Gnocchini was convicted of conspiracy to possess with intent to distribute cocaine and was sentenced to 15 months in prison.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Special Agent in Charge Delano A. Reid, the Orchard Park Police Department, under the direction of Chief Mark Pacholec, and the Hamburg Police Department, under the direction of Chief Gregory Wickett.Buffalo Man Sentenced for Escaping from Halfway HouseRead 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 Michael Bobbitt, 28, of Buffalo, NY, who was convicted of escape from a halfway house, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that the defendant was in the custody of the Bureau of Prisons and staying at the Buffalo Halfway House because of a prior racketeering conviction. On August 13, 2015, Bobbitt fled from the halfway house. On August 19, 2015, the United States Marshal Service located and arrested the defendant.
The sentencing is the result of an investigation by the United States Marshal Service, under the direction of Charles Salina.
7th Street Gang Member Sentenced on Rico ConspiracyRead 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 Sammy Ortiz, 28, of Buffalo, NY, who was convicted of RICO Conspiracy, was sentenced to 57 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that as a member of the 7th Street Gang, the defendant sold cocaine, heroin and marijuana. In addition, Ortiz possessed and stored firearms at his 7th Street residence on behalf of other gang members.
A total of 18 defendants were charged in the prosecution of the 7th Street gang. All 18 defendants have now been convicted.
The 7th Street Gang was responsible for narcotics trafficking, numerous shootings and multiple murders in the 7th Street area of the West Side of Buffalo between 2000 and 2012.
Today’s sentencing is the culmination of an investigation on the part of Special Agents of the FBI Safe Streets Task Force, 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, New York Field Division.
Webster Man Pleads Guilty to Failing to Report More Than $571,000 of Income to IRSRead 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 Brent Derouen, 37, of Webster, NY, pleaded guilty to two misdemeanor counts of failing to file federal income tax returns before U.S. Magistrate Judge Jonathan W. Feldman. The charges carry a maximum penalty of one year in prison and a $100,000 fine.Assistant U.S. Attorney John J. Field, who is handling the case, stated that Derouen operated a stock promotion business, OTC Advisors LLC. In 2009 and 2010, the defendant earned income of approximately $181,000 and $390,000. Derouen knew he was obligated to report this income to the Internal Revenue Service, and pay taxes on it, but deliberately failed to do so. As a result, the defendant has agreed to pay more than $460,000 to the United States for taxes he owes, plus penalties and interest on the unpaid taxes.
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, Special Agent in Charge.
Sentencing is scheduled for July 11, 2016 at 9:30 before Judge Feldman.
7th Street Gang Associate Pleads Guilty to Rico Conspiracy; The Last of 18 Defendants Charged in the CaseRead 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 7th Street Gang associate Joseph Whitely, 26, of Buffalo, NY, pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
“For more than 10 years, the 7th Street Gang – together with their 10th Street gang rivals– perpetrated violence, trafficked in deadly narcotics, and terrorized residents living on the West Side of Buffalo,” said U.S. Attorney Hochul. “As a result of this prosecution, more than five dozen gang members have been removed from our community. Most importantly, peace and hope for a better future have been restored.”
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the
7th Street Gang was responsible for narcotics trafficking, numerous shootings and multiple murders in the 7th Street area of the West Side of Buffalo between 2000 and
2012. Defendant Whitely, as a 7th Street Gang associate, sold heroin on behalf of the gang.
Regarding violence, Whitely served as the getaway driver for 7th Street Gang member Efrain Hidalgo, who murdered rival 10th Street Gang member Eric Morrow on August 11, 2009. In doing so, Whitely assisted Hidalgo to avoid capture by the Buffalo Police Department.
A total of 18 defendants were charged in the prosecution of the 7th Street gang. All 18 defendants have now been convicted. The prosecution of the 10th Street gang, meanwhile, involved 44 defendants, all of whom were convicted.
“The successful prosecution of the 7th and 10th Street gangs, and the resulting prosperity of the City’s West Side, demonstrates the true value of federal intervention,” U.S. Attorney Hochul further stated. “We will continue such vigorous efforts until every last gang member operating anywhere in this District is brought to justice.”
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the 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.
Sentencing is scheduled for September 15, 2016 at 12:30 p.m. before Judge Arcara.Buffalo Men Arrested on Drug 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 Peter Stallworth, 40, and Dwayne Posey, 41, both of Buffalo, NY, have been charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in October 2015, the Drug Enforcement Administration and Cheektowaga Police began an investigation after learning that Stallworth was allegedly distributing cocaine and methamphetamine in the Western New York area. The complaint further states that Stallworth’s source of supply was Posey.
During the course of the investigation, a confidential source (CS) made multiple purchases of methamphetamine from Stallworth which he received from Posey. The investigation also utilized court ordered wiretaps of the defendants’ cellular telephones.
Posey made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on May 6, 2016. Stallworth was arrested on state charges in Pennsylvania and will be brought to the Western District of New York for his initial appearance on the federal charge at a later date.
The complaint 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 Division and the Cheektowaga Police Department, under the direction of Chief David Zack.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man 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 Ivan Hernandez, 24, of Buffalo, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that 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, secreted inside, four packets of cocaine, each weighing approximately one-eighth of a kilogram. Hernandez attempted to retrieve the package as it was delivered and was arrested after a sensor alerted that the package was opened.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the U.S. Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge of the Boston Division.
Brighton Man Sentenced in Child Pornography 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 Joseph Lamica, 26, of Brighton, NY, who was convicted of receipt of child pornography, was sentenced to 168 months in prison and 40 supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Lamica was a babysitter who advertised his services on Care.com and Craigslist.com. A family the defendant was working for discovered that Lamica was engaging in inappropriate behavior with the family’s nine-year-old child and terminated the babysitting contract. Thereafter, the defendant attempted to approach the child at school.
The Monroe County Sheriff’s Office obtained a search warrant and searched Lamica’s residence. Deputies found materials and notebooks with writings expressing the defendant’s interest in young children. Another search warrant was obtained for Lamica’s digital media hardware which contained images of child pornography, and a video of another minor the defendant babysat in 2014.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
Buffalo Man Indicted 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 a federal grand jury has returned an indictment charging Antonio Eldridge, 27, of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment, on March 11, 2016, the Buffalo Police Department received information that the defendant, a convicted felon, had displayed a firearm to children. During this investigation, officers located Eldridge hiding in a basement crawl space of the children’s residence. Officers recovered a Winchester Model 69A .22 caliber rifle hidden under a mattress in this residence. The defendant had previously been issued an order of protection to keep away from both the children and the residence. As a convicted felon, Eldridge is prohibited from legally possessing a firearm.
The indictment is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Batavia Man Sentenced for Methamphetamine 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 Gordon L. Montgomery, 57, of Batavia, NY, who was convicted of conspiracy to distribute, and possess with intent to distribute, 50 grams or more of methamphetamine, was sentenced to 60 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the charges resulted from a joint federal, state and local investigation, which revealed that Montgomery was responsible for traveling to California on two occasions in 2007 and obtaining quantities of methamphetamine from Richard W. Mar, the President of the Hell’s Angels, Monterey (CA) Charter, and transporting the methamphetamine back to the Western District of New York, where it was distributed to others. The defendant made the trips to California on behalf of two other co-conspirators, James H. McAuley, Jr., then the Vice President of the Hell’s Angels, Rochester Charter, and McAuley’s wife, Donna Boon. McAuley and Boon sent Montgomery on both trips, paying for his airfare and paying him a $1,000 fee for each trip. The defendant obtained and transported between 500 grams and 1.5 kilograms of methamphetamine on the two trips.
This case is part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. All of the defendants – Mar; McAuley, of Oakfield, NY; Boon, of Oakfield, NY; Jeffrey A. Tyler, of Rochester; Richard E. Riedman, of Webster, NY; and Paul Griffin, of Blasdell, NY – have been convicted of drug trafficking offenses based on their roles in the methamphetamine conspiracy. Judge Siragusa sentenced Griffin to probation and Riedman to 37 months in prison, and the remaining defendants are awaiting sentencing.
Rochester Hell's Angels member Robert W. Moran, Jr. a/k/a Bugsy, of Rochester, was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Gina Tata, of Rochester, was convicted of being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Another defendant, Timothy M. Stone, of Gates, NY, was convicted of being an accessory after the fact to the assault, and was sentenced to 12 months in prison.
The 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.
Postal Employee Indicted on Charged of Embezzlementand TheftRead 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 a federal grand jury in Rochester, NY has returned a two-count indictment charging Jennifer Passeck of embezzling and converting to her own use proceeds and property of the United States Postal Service. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Bradley E. Tyler stated that, according to the indictment, the defendant she was a Relief Postmaster in the Sodus Point, NY post office between March 2013 and March 2015. During that time, Passeck is accused of stealing stamps, money orders and post office box rental payments totaling $19,504.
The indictment is the culmination of an investigation on the part of Inspectors of the United States Postal Service, Office of Inspector General, under the direction of Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Man Charged with Wire Fraud and Id TheftRead 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 a federal grand jury has returned an eight-count indictment charging Emmanuel Guobadia, 41, formerly of Atlanta, Georgia, with wire fraud and aggravated identity theft. The wire fraud charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both, and the aggravated identity theft charge carries a maximum penalty of two years in prison which would run consecutively to the sentence imposed for the wire fraud violation.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, state that according to the indictment, the defendant committed fraud against the Internal Revenue Service by electronically filing false and fraudulent income tax returns and claiming refunds to which he was not entitled. The case came to the IRS’s attention when it was discovered that a bank account in the Western District of New York was being used to facilitate the attempted refund claims for over 600 fraudulent tax returns, claiming over $1,200,000 in fraudulent tax refunds. The IRS refunded and deposited over $178,000 into this bank account. The investigation revealed that between May 2012 and July 2012, for 37 of the over 600 false claims which resulted in refunds to the bank account in the Western District of New York, most of the money was then wired to the defendant’s bank account in Georgia.
The indictment is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations, under the direction of Shantelle Kitchen, Special Agent in Charge of the New York Field Office.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Woman Pleads Guilty to Submitting Fraudulent Loan DocumentsRead 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 Tamara Ward, 39, of Buffalo, NY, pleaded guilty to possession of an unlawful authentication feature of the United States, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charges carry a maximum penalty of two years in prison and a $200,000 fine.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the indictment, Ward applied for two separate automobile loans and in each instance provided false information. The defendant falsely represented on each of the applications that she was employed by the Internal Revenue Service, earning an annual salary of $50,000. Ward has never been employed by the IRS.
In a related civil forfeiture proceeding, the defendant agreed to forfeit any interest she had in the proceeds of the sale of one of the automobiles Ward fraudulently purchased. The defendant also agreed to make restitution in the amount of $1,460.15 for the second automobile.
The plea is the culmination of an investigation by Treasury Inspector General for Tax Administration (TIGTA), Office of Investigations, under the supervision of Special Agent in Charge, Robert E. O’Malley.
Sentencing is scheduled for July 29, 2016 before Judge McCarthy.
Buffalo Man Sentenced on Cocaine 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 Derek McQuiller, 42, of Buffalo, NY, who was convicted following a jury trial of possession with intent to distribute cocaine, was sentenced to 60 months in prison by Lawrence J. Vilardo. The defendant faced, and the Government advocated for, a sentence of 262 to 327 months in prison, a sentence which was recommended under federal sentencing guidelines.
Assistant U.S. Attorneys Edward H. White and Stephanie O. Lamarque, who handled the prosecution of the case, stated that during a traffic stop on April 22, 2015, the defendant threw a plastic bag out of the passenger window. The bag was recovered and found to contain 10 individually wrapped baggies of cocaine. McQuiller threw another plastic bag out of the driver’s side window. That bag was recovered and found to contain marijuana. During a subsequent search of the vehicle, another baggie of cocaine was discovered under the passenger floor mat.
The defendant was transported to the Town of Tonawanda Police Station and three additional baggies of cocaine were found later that night under the bench where McQuiller had been booked. The defendant also was alleged to have given a baggie of cocaine to a female acquaintance earlier that night in a motel room.
In addition, a witness for the Government testified at trial that the defendant sold her drugs for three years prior.
McQuiller has five prior state and federal convictions, all for drug trafficking offenses.
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, the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.Buffalo Man Sentenced on Cocaine 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 Derek McQuiller, 42, of Buffalo, NY, who was convicted following a jury trial of possession with intent to distribute cocaine, was sentenced to 60 months in prison by Lawrence J. Vilardo. The defendant faced, and the Government advocated for, a sentence of 262 to 327 months in prison, a sentence which was recommended under federal sentencing guidelines.
Assistant U.S. Attorneys Edward H. White and Stephanie O. Lamarque, who handled the prosecution of the case, stated that during a traffic stop on April 22, 2015, the defendant threw a plastic bag out of the passenger window. The bag was recovered and found to contain 10 individually wrapped baggies of cocaine. McQuiller threw another plastic bag out of the driver’s side window. That bag was recovered and found to contain marijuana. During a subsequent search of the vehicle, another baggie of cocaine was discovered under the passenger floor mat.
The defendant was transported to the Town of Tonawanda Police Station and three additional baggies of cocaine were found later that night under the bench where McQuiller had been booked. The defendant also was alleged to have given a baggie of cocaine to a female acquaintance earlier that night in a motel room.
In addition, a witness for the Government testified at trial that the defendant sold her drugs for three years prior.
McQuiller has five prior state and federal convictions, all for drug trafficking offenses.
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, the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.Former IRS Employee Pleads Guilty to Theft of Government FundsRead 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 Yvonne E. Borders, 43, of Cheektowaga, NY, pleaded guilty to theft of government funds before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. The charge carries a maximum penalty of one year in jail and a $100,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that Borders applied for and collected unemployment benefits from the United States Department of the Treasury that she was not entitled to because she was working at the time for the Internal Revenue Service. Individuals are eligible for unemployment benefits when they become unemployed through no fault of their own and meet certain eligibility requirements. However, the defendant certified claims for benefits while she was employed as a contact representative with the IRS and failed to report this work to the New York State Department of Labor.
In total, Borders collected $18,550 in benefits that she was not entitled to from January 2009 through December 2013.
The plea is the result of an investigation by the Department of the Treasury, Treasury Inspector General for Tax Administration, under the direction of Robert E. O’Malley, the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Acting Special Agent in Charge Jonathan Mellone, New York Region, and the New York State Department of Labor, under the direction of Commissioner Roberta Reardon.
Sentencing is scheduled for July 27, 2016 at 10:30 a.m. before Judge Schroeder.Houston Man Pleads Guilty to Drug Charge Involving Lrgp GangRead 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 Earl Brown, Sr., 54, of Houston, Texas, pleaded guilty to conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine and money laundering conspiracy, before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
According to Assistant U.S. Attorney George C. Burgasser, Franklin Richards was a major supplier of cocaine to a drug trafficking organization in Buffalo known as L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. Richards obtained multiple kilograms of cocaine on a regular basis from the defendant Earl Brown which was shipped or transported from the Houston area to Buffalo. Richards then distributed cocaine to Dewayne Gray, who was the leader of the L.R.G.P. organization. Gray then processed much of the cocaine into crack cocaine which was later sold by various L.R.G.P. members. The cocaine was sold at various locations in the Broadway/Fillmore area of Buffalo.
Brown was also involved in money laundering activities. On December 14, 2012, Franklin Richards attempted to send $112,000 in drug proceeds to the defendant but the money was seized at the Buffalo Niagara International Airport.
Brown was arrested along with seven other defendants, all have been convicted.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the New York State Police, under the direction of Major Steven Nigrelli, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for August 3, 2016 at 10:00 a.m. before Judge Villardo.