Western District of New York
Press releases recorded for this federal judicial district.
Eleven Individuals Charged in A Major Cocaine Trafficking Ring in RochesterRead 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 11 individuals were charged in two complaints with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and an $8,000,000 fine.
Named in the complaints are:
• Dennis Smith, aka “Fish”
• Darren Smith, aka “Fat Boy”
• Kaleaf Ball, aka “Leaf”
• Reginald Streeter, aka “Street”
• Juan Sampel
• Angel Ocasio
• Jose Quintana
• Luz Morales, aka “Leida”
• Jason Gibson
• Kelly Shanks
• Jose Gonzalez“This represents yet another important success in our continuing efforts to protect the public from the twin dangers of firearms and large scale narcotics trafficking,” said U.S. Attorney Hochul. “As this case demonstrates, law enforcement stands shoulder to shoulder in our commitment to bring to justice, all who engage in such dangerous criminal conduct.”
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the complaints, from 2015 through April 26, 2016, the defendants operated an ongoing drug trafficking conspiracy in the City of Rochester. Members of this conspiracy were responsible for the importation and distribution of large quantities of cocaine and cocaine base in the Rochester area. During the investigation, law enforcement officers conducted controlled purchases of cocaine, utilized federal wire taps to intercept electronic and wire communications over various cellular telephones utilized by members of the conspiracy, and conducted search warrants on multiple U.S. Priority Mail parcels containing cocaine and cash proceeds from the sale of cocaine.
The lengthy investigation culminated in the arrest of the 11 individuals named in the complaints and the execution of multiple search warrants. During the execution of the search warrants, law enforcement officers seized approximately five kilograms of cocaine and over 100 grams of cocaine base; quantities of heroin and marijuana; more than $200,000 in cash; and several firearms. Five of the individuals named in the complaint have one or more prior drug felony convictions.
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 Rochester Police Department, under the direction of Chief Michael Ciminelli, the Greater Rochester Area Narcotic Enforcement Team, under the direction of Lt. Dave Gebhardt, and the U.S. Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.
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.Local Pain Doctor Named in A 114 Count Indictment; Accused of Illegally Issuing Hundreds of Thousands of Prescriptions for Controlled SubstancesRead 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 114 count indictment charging Dr. Eugene Gosy, 55, of Clarence, NY, with conspiracy to distribute controlled substances, unlawful distribution of narcotics, conspiracy to commit health care fraud, and health care fraud. The charges carry a maximum penalty of 20 years, a $1,000,000 fine or both.
“As alleged, this defendant took advantage of his medical license and the trust placed in him by patients, and created a highly sophisticated criminal enterprise responsible for the mass distribution of addictive prescription opioids,” said U.S. Attorney Hochul. “The defendant ignored the true needs of suffering individuals, falsified his participation in required medical training, directed unqualified staff to authorize prescriptions, and supplied patients with dangerous controlled substances contra- indicated by the patient’s condition. By turning his patients into dependents, this defendant and his practice became a criminal conspiracy to convert real pain into the defendant’s own considerable profit.”
Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “Dr. Gosy’s medical clinic is the modern day version of 19th Century opium dens responsible for fueling opioid addiction, overdoses and death. Similar to blood money, it is alleged that Dr. Gosy prescribed millions of prescription pills for no legitimate medical purpose in exchange for profit. There is an irrefutable link between the abuse of pain medication and heroin abuse which has devastated families in Buffalo and throughout our nation. This investigation was a collaboration of ongoing law enforcement efforts in
battling drug traffickers of all kinds – those with stethoscopes and those with loads of glassines.”“Gosy’s lack of concern for the health and well-being of his patients -- and their affected families and friends -- speaks volumes to his arrogance,” said FBI Special Agent in Charge Adam S. Cohen. “Doctors like Gosy should work to heal the sick, not increase their patients’ pain and suffering for their own greed and personal gain.”
Assistant U.S. Attorneys George C. Burgasser and Elizabeth R. Moellering, who are handling the case, stated that according to the indictment, between 2006 and the present, the defendant, a self-described pain management doctor, distributed controlled substances, such as fentanyl, oxycodone, morphine, and hydrocodone for reasons other than legitimate medical purposes. The defendant is accused specifically of illegally prescribing the controlled substances in return for payments from patients and insurance companies.
The indictment alleges that defendant attracted and thereafter maintained repeat visits by his patients by operating his pain management clinic in a variety of manners contrary to accepted medical practice. These methods included:
• issuing prescriptions for controlled substances to patients despite obvious indications that the patients were abusing and misusing the medications;
• falsifying completion of training requirements, including Continuing
Medical Education courses, Worker’s Compensation training and Infectious Disease Control training, by directing office staff to complete online courses for him;
• signing blank prescriptions and directing and permitting others who were unqualified to fill out the remaining required information, such as name of
patient, drug, and dosage;
• creating and utilizing a telephonic patient prescription renewal process which allowed persons to obtain controlled substances prescriptions from
individuals not medically trained or certified to do so, and without adequate
medical review;
• prescribing a highly regulated controlled substance (buprenorphine) under the cover of pain management to circumvent federal regulations limiting
the number of patients that any given doctor may treat (100 patients).In addition, between 2010 and December 2015, the defendant is accused of defrauding insurance companies who paid New York State Workers’ Compensation claims, including the New York State Insurance Fund. The allegations center upon
occasions when Gosy traveled outside the Buffalo area but nevertheless submitted and purported to electronically sign claims for the treatment of patients provided by other staff members.The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation’s Western New York Health Care Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert, the Army National Guard - New York National Guard Counterdrug Task Force, under the direction of Lt. Col. Nicholas Dean, the New York State Department of Financial Services, under the direction of Maria T. Vullo, Acting Superintendent, the New York State Office of the Workers’ Compensation Fraud Inspector General, under the direction of Inspector General Cathy Leahy Scott and the New York State Bureau of Narcotics Enforcement.
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.
California Man Sentenced for Marijuana and Money Laundering ConspiraciesRead 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 James Parish, 31, of Carlsbad, California, who was convicted of conspiracy to distribute 100 kilograms or more of marijuana and money laundering conspiracy, was sentenced to 120 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 January and September 2014 the defendant sent packages of marijuana from the Carlsbad, California area to Western New York. The marijuana was then distributed and more than $800,000 in proceeds shipped back from Western New York to the defendant in California.
The investigation featured numerous successful law enforcement interceptions and discoveries. For example, On August 21, 2014, the Drug Enforcement Administration seized a package that a person was attempting to ship at a local shipping company. The package contained $66,705 in United States currency. On that same date, the DEA seized a second package containing $77,000 in United States currency that was shipped to a shipping company in Carlsbad, California. On September 26, 2014, DEA agents executed a search warrant at co-conspirator Benjamin Golembiewski’s Buffalo residence and seized $224,123 in United States currency.
Regarding seizures of drugs, on September 18, 2014, Parish dropped off two large boxes at the shipping company in Carlsbad to be shipped to the Buffalo area. These boxes were seized by the DEA and found to contain a total of 30 pounds of marijuana.
The investigation concluded on September 30, 2014, when the defendant traveled from California to Buffalo to collect approximately $600,000 in payments for the shipped marijuana. Parish, who was arrested at the Buffalo Niagara International Airport, was planning to stay at a hotel on Genesee St. in Cheektowaga. The investigation determined that Parish shipped a box to the hotel in his name, and upon locating the box, discovered that it contained an AirSoft Gun, a taser, a bullet proof vest, a knife, handcuffs, a flashlight, a tourniquet strap, a bandage kit and a GPS tracking device.
Defendant Golembiewski was sentenced to 37 months in prison.
Today’s 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, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George W. Gast.
Rochester Men Sentenced for Their Roles in Burglary That Led to Death of Elderly Medina Comic Book CollectorRead 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 Rico Vendetti, 45, of Rochester, NY, who was convicted of racketeering following a home invasion robbery that led to the death of an elderly Medina, NY man, was sentenced to 240 months in federal prison by U.S. District Judge Richard J. Arcara. In addition, Donald Griffin, 28, also of Rochester, who was convicted of committing murder in aid of racketeering, was sentenced to 240 months in prison as well.
“This case - which began with shoplifting and ended with murder – justly earned the defendant a lengthy sentence in federal prison,” said U.S. Attorney Hochul. “As the case also demonstrates, this Office will utilize all of the tools given by Congress, including the racketeering laws, to bring organized criminals to justice. While unfortunately nothing law enforcement does can restore Mr. Marciniak to his family, certainly today’s sentence brings a measure of closure in that justice has been served.”
Assistant U.S. Attorney Assistant U.S. Attorney Scott S. Allen, Jr., who, along with retired Assistant U.S. Attorney Anthony M. Bruce, handled the case, stated that beginning in approximately 2005, the defendant utilized a number of shoplifters who engaged in shoplifting of items from stores such as Walmart, Sears, Target, JoAnn Fabrics, Home Depot, Tops Markets, Wegman's, and various chain drug stores, most of which were located in Monroe and Genesee Counties.The shoplifters stole merchandise that Vendetti told them he needed which he subsequently sold through eBay accounts he maintained. The defendant paid the shoplifters would buy from the boosters, the defendant told them he would pay them about 25¢ on the dollar of the normal retail price of the merchandise. Using the defendant's merchandise lists, the shoplifters went into the stores, at times alone and at times in teams, to shoplift. Among the items stolen in this fashion were breast pumps, Crest Whitestrips, cross stitch and needlepoint kits, electric toothbrushes and replacement heads, computer memory sticks and flash drives, pet supplements and DNA tests for pets, razors, razor blades and replacement razor heads, tool sets, vacuum cleaners, binoculars, batteries, plumbing fixtures and KitchenAid mixers. In total, Vendetti obtained and then sold over $700,000 in merchandise.
In July 2010, the defendant, the former owner of Eastside Gold & Car Audio, formerly in Rochester, hired co-defendant Arlene Combs to travel from Rochester to the Medina, NY home of 78 year old Homer Marciniak to steal Marciniak’s valuable comic book collection. Combs recruited co-defendants Griffin, Albert Parsons, and Juan Javier for the home invasion, promising each $1,000.
In executing their plan, in the early morning hours of July 4, 2010, Combs, along with Griffin, Parson, and Javier, drove from Rochester to Medina and cut Marciniak’s phone line. In the early morning hours of the following day, July 5, 2010, the gang returned to Marciniak’s home. Wearing ski masks and gloves, Griffin, Parsons, and Javier forcibly entered Marciniak’s home through a first story window. During the course of the burglary, Marciniak, who had a serious heart condition, woke and confronted the burglars. Griffin struck Marciniak in the face and then, along with Javier, bound his hands with bed linens. Javier then verbally threatened Marciniak with a BB gun in hand. Griffin, Parsons, and Javier ultimately located the comic book collection along with several strong boxes containing cash, coins, and other valuables.
After Griffin, Parsons, and Javier fled the scene with Combs, Marciniak freed himself and was taken to Medina Memorial Hospital for treatment of his facial injuries. After Marciniak was treated and released, however, he suffered a heart attack, was re-admitted to the hospital, and died shortly thereafter. Medical experts concluded that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.
Griffin, Parsons, and Javier gave the comic books to Combs who, along with another codefendant, Terry Stewart, took the comic books to Vendetti later in the day on July 5. When Vendetti learned that the burglary resulted in Marciniak’s death, Vendetti disposed of the comic books.
Law enforcement officials within the Rochester Police Department identified the defendants during the course of a separate investigation in October 2010. The defendants were arrested soon thereafter. Soon after the arrest, Vendetti attempted to obstruct justice by agreeing to have a phony witness submit a false affidavit, and by telling codefendant Brandon Meade to “keep his mouth shut” if approached by law enforcement.
Convicted in connection with this case:
• Rico Vendetti was convicted of racketeering and sentenced to 240 months in federal prison on April 20, 2016.
• Donald Griffin was convicted of committing a violent crime in aid of racketeering: murder, and sentenced to 240 months in federal prison on April 19, 2016.
• Arlene Combs was convicted of racketeering and sentenced to 240 months in federal prison on March 22, 2016.
• Albert Parsons was convicted of a violent crime in aid of racketeering: assault resulting in bodily injury, and is scheduled to be sentenced on June 9, 2016.
• Juan Javier, who was 17 at the time of the burglary, was prosecuted as an adult in Orleans County, and sentenced to seven years in state prison.
• Terry Stewart was convicted of racketeering and was sentenced to 55 months in federal prison.
• Dayon Shaver was convicted of conspiring to traffic in stolen goods across state lines on March 21, 2016, and was sentenced to 46 months in federal prison.
• Brandon Meade was convicted of conspiring to traffic in stolen goods across state lines and was sentenced on January 21, 2016 to time-served after serving nine months in federal prison.The sentencing is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli. Special assistance was provided by Orleans County District Attorney Joseph Cardone.
Buffalo Man Sentenced for Theft and Assault at VaRead 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 Norris King, 52, of Buffalo, NY, who was convicted of theft and assault within special maritime and territorial jurisdiction of the United States, was sentenced to five months in prison, followed by five months of community confinement in a community treatment center, by U.S. Magistrate Judge Hugh B. Scott.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on December 9, 2015, at the Veterans’ Affairs Medical Center in Buffalo, the defendant attempted to steal three North Face winter jackets, each valued at $179.00, from the Veteran Canteen Services. King was pursued and ultimately detained by the store manager and a second VA employee. During flight, the defendant assaulted an elderly veteran seeking medical treatment.
The sentence is the result of an investigation by the U.S. Department of Veterans’ Affairs, Criminal Investigations Division, under the direction of Special Agent in Charge Jeffrey Hughes, Northeast Field Office.
Elma Man Arrested, Charged with Possession and Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Kevin D. Waczkowski, 31, of Elma, NY, was arrested and charged by criminal complaint with possession and receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a fine of $250,000.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, on April 15, 2016, following an online undercover investigation, a search warrant was executed at the residence of the defendant who is a maintenance technician with the Iroquois Central School District. Law enforcement officers seized a desktop computer and a laptop computer. An initial forensic analysis recovered images of child pornography.
The complaint is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
Jamestown Man Is Sentenced for Making False StatementsRead 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 Tyrell Fuqua-Hayes, 38, of Jamestown, NY, who was convicted of making false statements and representations to the FBI, was sentenced to 27 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in January 2015, Hayes alleged that he met a man who was arrested in another federal case while they were in custody together at the same jail. The defendant claimed that the man provided him with contact information and advised Hayes that he would be reaching out to him.
In May 2015, Hayes advised the Federal Bureau of Investigation that he was receiving text messages from the man he met in jail indicating that the man wanted to pay the defendant $5000 to kill witnesses in that man’s case. The defendant later admitted he created the text messages himself and that lied about the recent conversations between the man and himself.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Rochester Police Department, the Monroe County Sheriff’s office and Immigration and Customs Enforcement, Homeland Security Investigations.
Attorney, Broker and Two Realtors Indicted on Mortgage Fraud 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 24 count indictment charging Gregory Gibbons, 50, of Thornwood, NY; Julio Rodriguez, 51, of Bronx, NY; Laurence Savedoff, 42, of New City, NY, and Tina Brown, 40, of Bronx, New York with conspiracy to commit wire and mail fraud affecting financial institutions, wire and mail fraud affecting financial institutions, and bank fraud. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
“Persons who engage in mortgage fraud undermine the American dream of home ownership,” said U.S Attorney Hochul. “Such actions - if successful - hurt potential homeowners, banks and government programs designed to assist homebuyers.
"In the last number of years, we have seen enormous and damaging developments in the mortgage and housing markets, said U.S. Housing and Urban Development, Office of Inspector General, Special Agent in Charge Brad Geary. “Indictments, such as this, set an important precedent that this type of behavior will not be tolerated and will be aggressively pursued. We are deeply committed to working in partnership with our federal law enforcement counterparts to ensure that corrupt individuals do not use their positions to enrich themselves at the expense of the government.”
Assistant U.S. Attorneys Kathleen A. Lynch and Elizabeth R. Moellering, who are handling the case, stated that according to the indictment, the defendants engaged in scheme to obtain mortgages on behalf of borrowers who would not have otherwise qualified for those loans if their true income, asset and employment information was submitted to the lender for approval and for FHA insurance.
Specifically, to secure a loan, the defendants would submit among other things, employment documents that falsified the purchaser’s income, assets, and place of employment. In addition, the defendants submitted false settlement statements to the banks indicating where the proceeds of the loan were disbursed.As a result, based on the fraudulent information and certifications submitted, loans amounting to more than $4,100,000 were approved for the borrowers. Subsequently, the borrowers defaulted on the loans and the properties are now in various stages of foreclosure.
Defendants Laurence Savedoff, Julio Rodriguez and Tina Brown, were arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and were released with conditions.
The indictment is the culmination of an investigation by the United States Postal Inspection Service under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the United States Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen. Additionally, the New York State Department of Financial Services assisted with the investigation.
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.
Mexican Native Pleads Guilty and Is Sentenced for Illegal Re-EntryRead 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 Maurilio Bautista-Feria, 48, most recently of Olean, NY, was convicted of reentry of a removed alien subsequent to a conviction for an aggravated felony and sentenced to 12 months in prison by Senior U.S. District Judge William J. Skretny.Special Assistant U.S. Attorney Brian J. Counihan, who handled the case, stated that the defendant was convicted in 2009 of harboring illegal aliens. Subsequent to that conviction, Feria was removed from the United States to Mexico for having illegally entered the United States and committing the felony. In 2013, U.S. Immigration and Customs Enforcement found the defendant working at a Mexican restaurant in Olean.
The sentencing is the result of an investigation by the Violent Criminal Alien Section of Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Special Agent in Charge Michael Phillips.
10th Street Gang Associate Sentenced for his Role in ShootingRead 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 Luis Hernandez, age 26, of Buffalo, New York, who was convicted of discharging a firearm during a crime of violence, was sentenced to 10 years imprisonment by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that on April 17, 2006, the defendant assisted a group of 10th Street Gang members, who were looking to shoot rival 7th Street Gang members, by firing a shotgun at a group of people outside of a residence on Pennsylvania Street on the West Side of Buffalo. On that date, the defendant was among a group of six (6) 10th Street Gang members and associates who were armed and fired shots at the victims. During the shooting, the defendant possessed a shotgun and discharged this firearm in the general vicinity of the victims. In total, dozens of shots were fired at the victims from the various firearms possessed by the defendant and other 10th Street Gang members and associates. Brandon MacDonald and Darinell Young were both shot and killed as a result of injuries sustained during the shooting.
The defendant is the tenth (10) person convicted for his role in the shooting deaths of Brandon MacDonald and Darinell Young, and is the fifth (5) person to be sentenced. The sentencing is the culmination of an investigation by the Buffalo Police Department, Federal Bureau of Investigation, New York State Police, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Members of Rochester Credit Card Fraud and Identity Theft Ring Sentenced to Federal PrisonRead 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 Shawn Smith, 28, Odell Edwards, 31, Sebastian Ferrell, 32, and Courtney Campbell-Cooper, 27, all of Rochester, NY, who were convicted of conspiracy to commit bank fraud and aggravated identity theft, were sentenced by Chief U.S. District Judge Frank P. Geraci. The sentences included:
• Smith-26 months in prison;
• Edwards-77 months in prison;
• Ferrell-77 months in prison; and
• Campbell-Cooper-51 months in prison.
Ferrell also received an additional 14 months in prison for violation of supervised release. The defendants were also ordered to pay a total of $435,274 in restitution to Discover Bank as part of their sentences.
“This case demonstrates why it is so important to regularly and consistently keep track of your credit cards and financial statements," said U.S. Attorney Hochul.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in April 2014, the United States Secret Service began investigating reports of access device fraud and identity theft in the Rochester area. They were assisted by the United States Postal Inspection Service, Rochester Police Department, Monroe County Sheriff’s Office, and the Brighton Police Department. The investigation involved fraudulently obtained credit cards issued by Discover Financial Services being used at various locations in the Western District of New York and elsewhere.
The scheme involved legitimate credit card accounts which were compromised. The financial institution would receive a telephone call requesting that a particular name be added to the account as an authorized user and that a new credit card be issued. Other times the request was simply for the issuance of replacement cards in the actual account holder’s name. The new cards were sent to various addresses in Rochester and were then intercepted by subjects of the fraud ring, including the defendants. The investigation revealed that the true holders of the credit card accounts had not authorized the issuance of new cards in these names or the issuance of replacement cards, and had not authorized the subsequent use of these credit cards. The investigation linked Smith, Edwards, Ferrell, and Campbell-Cooper to multiple fraudulent credit card accounts, and showed that they were using other people’s credit accounts to make unauthorized purchases around the country.
As the defendants received the fraudulent cards, they immediately made fraudulent purchases and cash withdrawals in area stores and banks. On one visit to a local Best Buy alone, the defendants purchased over $6,000 worth of electronics using fraudulent credit cards. The cards were also used extensively at high end retailers and at various designer stores at the Eastview mall. The defendants also visited area banks and ATM machines to make fraudulent cash withdrawals using the stolen cards and false identity documents.
In addition to fraudulent purchases made in the Rochester area, some of the defendants traveled outside of New York with the stolen cards. Surveillance video recovered during the investigation showed the defendants making fraudulent purchases at hotels, stores, and casinos in Illinois, Florida, and Ohio. As a result of the scheme, the defendants stole more than $435,000.
U.S. Attorney Hochul further stated: “The best defense against fraud is knowing how to detect and thwart the wide variety of criminals who seek to steal your identity and money. Visit stopfraud.gov to learn how to identify fraud and how to protect against such schemes”
The sentencings are the culmination of a multi-state investigation, coordinated by Special Agents with the Rochester Resident Office of the United States Secret Service, under the direction of C. Todd Laster, Special Agent in Charge; Inspectors with the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division; Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; Deputies with the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn; and Officers with the Brighton Police Department, under the direction of Chief Mark Henderson.Jamaican Native Pleads Guilty to Assaulting A Federal OfficerRead 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 Seymour Ellis, 43, most recently of Queens, NY, pleaded guilty to assault of a federal officer, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of eight years in prison.Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that in April 2015, the defendant, while in custody at the Buffalo Federal Detention Facility in Batavia, NY, attacked and assaulted a detention officer. Ellis was awaiting removal from the United States to Jamaica. The defendant lost his permanent resident status because of New York State narcotics trafficking, robbery, and theft convictions.
The plea is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Special Agent in Michael Phillips.
Sentencing is scheduled for July 15, 2016 at 10:30 a.m. before Judge Geraci.
Hogansburg, Ny Man Charged with Shipping and Possessing Contraband CigarettesRead 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 Ian Tarbell, 43, of Hogansburg, NY, was arrested and charged by criminal complaint with possession of contraband cigarettes, failing to maintain information about the shipment, sale and distribution of more than 10,000 cigarettes and refusing to pay and evading the payment of a tax. The charges carry a maximum penalty of five years in prison, and a fine of $250,000.Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the complaint, the defendant was arrested on February 16, 2016 in Pembroke, NY following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was operating a truck that was pulling a trailer containing untaxed and unstamped cigarettes. In total, the defendant is accused of shipping and transporting more than 900,000 unstamped and untaxed cigarettes.
Tarbell made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and was released on $100,000 bond.
The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Gary Maha, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Delano A. Reid, Special Agent in Charge, new York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
7th Street Gang Member Sentenced for 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 7th Street Gang member Luis Medina, 24, who pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy, was sentenced to 210 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that Luis Medina, as a member of the 7th Street Gang, sold heroin and possessed firearms. In addition, on April 16, 2006, Medina shot a rival 10th Street Gang member with a .22 caliber firearm. Furthermore, on June 13, 2009, while being held in the Erie County Holding Center, Medina learned that his cousin Christian Portes was killed by the 10th Gang members. Medina made a phone call from the holding center requesting that fellow 7th Street Gang members kill 10th Street Gang members in retaliation for the murder of his cousin. After being released on November 7, 2009, Medina himself fired shots at 10th Gang members.
A total of 18 defendants have been charged in this case. To date, 17 have been convicted.
The sentencing is the culmination 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, the New York State Police, under the direction of Major Michael Cerretto, 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.
Rochester Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kevin Small, 25 of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possessing a firearm not registered in the National Firearms Registry, that is, a sawed-off shotgun. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000.00, or both.Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated on April 5, 2014, the Rochester Police Department responded to the area of 177 Sixth Street in Rochester for a report of a burglary in progress. The caller indicated she heard glass break and saw a male climb through the window of the house next door. The caller also described a person with a gray pullover and blue hat getting into a dark station wagon, headed north on Sixth Street. A short while later, officers observed Small, who matched the description provided by the caller, enter a store in the area. The defendant was stopped, detained and brought back to the location of the burglary for further investigation which ultimately determined that Small resided at the location but had been locked out by his girlfriend. The defendant was entering the location through the window to get his belongings which he was putting in the dark colored station wagon. Officers searched the vehicle and found the sawed off shotgun, a 12 gauge, Iver Johnson Excel single shot shotgun.
The plea is the culmination of an investigation on the part of Rochester Police Department, under the direction of Rochester Police Department Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.
Sentencing is scheduled for July 14, 2016, at 3:00 p.m. before Judge Wolford.
Rochester Man Pleads Guilty to Drug and Gun ChargesRead 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 Edwin Murray, 51 of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute cocaine and possession of a firearm in the furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $1,000,000 or both.Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated on August 20, 2014, members of Rochester Police Department executed a search warrant in the downstairs apartment at 54 Miller Street in Rochester. During the execution of the search warrant, an investigator encountered Murray, who was the only person in the house at the time, in a bedroom. Under a bed, investigators found a black shoe box. Inside they found a clear plastic bag that contained 84 smaller ziplock baggies. Each baggie contained a white rocky material which was later identified as crack cocaine. Officers also located a wallet which contained $346.00 in United States Currency and marijuana. Officers also found a Ruko-Armscor Model M14 .22 caliber long rifle and a magazine for the rifle, which contained six rounds of .22 caliber ammunition.
The plea is the culmination of an investigation on the part of Rochester Police Department, under the direction of Rochester Police Department Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.
Sentencing is scheduled for July 14, 2016, at 2:00 p.m. before Judge Wolford.
Wyoming County Man Pleads Guilty to Gun ChargeRead 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 Scott A. Wilcox, 46, of Pike, NY, pleaded guilty to being a felon in possession of a firearm, before U.S. District Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on January 25, 2015, Wyoming County Sheriff’s deputies searched the defendant’s residence at 7998 Wiscoy Road in Pike and found a Marlin .44 magnum caliber rifle, which belonged to Wilcox. Deputies also found 76 rounds of .44 caliber ammunition in an access panel in a bathroom. The defendant is a three-time convicted felon and is prohibited from legally possession firearms.
The plea is the result of an investigation on the part of the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.Sentencing is scheduled for July 21, 2016, at 12:00 p.m. before Judge Wolford.
West Seneca Man Sentenced for Oxycodone DistributionRead 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 Fred Suchan, 33, of West Seneca, NY, who was convicted of distribution of oxycodone, was sentenced to 12 months home detention and three years probation by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on three dates in September and October 2010, the defendant sold or attempted to sell OxyContin and Opana tablets to an undercover police officer in a commercial parking lot on Abbott Road in Orchard Park. On the last occasion, officers seized a 9 mm rifle, a loaded 9 mm magazine, and additional 9 mm ammunition from Suchan’s vehicle.
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, and the Orchard Park Police Department, under the direction of Chief Mark Pacholec.
Two Men Plead Guilty in Major Cocaine 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 Javier Pagan, Jr. and Samuel Hernandez 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.Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between 2013 and June 10, 2015, law enforcement officers have been investigating a drug trafficking organization led by defendants David Jesus Pagan and Rafael Burgos, Jr. During the course of the investigation, it was determined that the defendants distributed multiple kilograms of cocaine throughout the Dunkirk area.
Javier Pagan and Hernandez were arrested in June of 2013 along with David Jesus Pagan, Burgos, as well as Alvin Torres, Jr. 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 and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine.
Charges are pending against David Jesus Pagan, Burgos, Alvin Torres, Jr. 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 indictments 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.
Hernandez will be sentenced on July 19, 2016 at 4:00 p.m. before Judge Wolford. Sentencing for Pagan will be scheduled at a later date.
Niagara Falls Man Arrested on Gun ChargeRead 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 James Smith, 24, of Niagara Falls, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on February 25, 2016, New York State Parole Officers and others conducted a search at Smith’s residence on Orleans Avenue in Niagara Falls. The defendant is under the supervision of New York State Parole following a July 2010 federal conviction and an August 2014 Niagara County Conviction.
As officers entered, Smith attempted to go into the basement. The defendant was stopped and the basement was searched. Officers recovered a Colt, .32 caliber semi-automatic handgun with a magazine loaded with two rounds of ammunition. As a result of his previous convictions, Smith is prohibited from legally possessing a firearm.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroder. He is being detained.
The complaint 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 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 Charged with Threatening the President, A Former President and Multiple Presidential CandidatesRead 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 Conrad Goode, 21, of Cheektowaga, NY, was arrested and charged by criminal complaint with threatening the President, threatening a former President, and threatening a major candidate for Office of the President of the United States. The charges carry...
Assistant U.S. Attorney Mary C. Baumgarten, who is handling the case, stated that according to the complaint, on April 7, 2016, the United States Secret Service Buffalo Field Office received information that the defendant threatened to injure and kill Barack Obama, William Clinton, Donald Trump, Hillary Clinton, and Ted Cruz.
Among others things, the defendant allegedly said:
• He was going to get a "high powered rifle and kill all the presidential candidates," and that he "is the kind of person ready to snap and shoot up a public place."
• “Bill Clinton is only a couple hours away and I am going to f------ kill him along with Donald Trump, Ted Cruz and all of the FBI." Goode also said he had a sniper rifle and was going to get it when he got out of here [ECMC].
• Wanted to kill Hillary Clinton and Donald Trump.
• The defendant’s goal in killing presidential candidates was to "see the world burn."
The defendant will make an initial appearance today at 11:30 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.The complaint is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.
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 Men Charged in Separate Complaints with Child Pornography OffensesRead 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 Kurowski, 23, of Buffalo, NY, was arrested and charged by complaint with production, receipt and possession of child pornography. In addition, Jose Cisneros, 30, of Buffalo, NY, was also arrested and charged by criminal complaint with production and receipt of child pornography. The charges carry a mandatory minimum sentenced of 15 years in prison, a maximum of 30 years and a $250,000.
“These two cases, along with today’s conviction of Anthony Thompson, depict the dark side of modern communication devices and applications” said U.S. Attorney Hochul. “The cases also serve as a warning to all of the many ways predators seek to manipulate children through technology into engaging in sexually explicit conduct. By education and dialogue, such conduct – which criminals would otherwise seek to keep in the shadows – can be exposed and prevented.”
Assistant U.S. Attorney Aaron J. Mango, who is handling both cases, stated that according to the complaint against Kurowski, in August 2015, the Blasdell Police Department received a report involving a 13 year old female (victim 1) who engaged in sexually explicit conversations with numerous individuals, including the defendant, using the Kik application and through text messages. Between September 21 and 23, 2015, an undercover law enforcement officer used victim 1’s Kik account and engaged Kurowski in a chat sessions during which the two discussed meeting in person.
On October 21, 2015, the Federal Bureau of Investigation executed a search warrant at the defendant’s residence and seized a laptop computer and cellular telephone. During an analysis of the items, officers recovered conversations with a 15 year old female (victim 2) that took place over the Whisperer application and Snapchat. During one of those conversations, Kurowski told victim 2 that he had a lawyer and that “some girls mom told the police I was coercing her to meet for sex. Didn’t meet.”
Officers also recovered Kik conversations between the defendant and a 16 year old female (victim 3). Victim 3 told officers she met Kurowski on Whisperer before moving the conversations to Kik. She said she “vaguely” recalled sending the defendant pictures and videos. She also said that Kurowski threatened to hurt her if she did not participate in the sexting and send him sexual videos.
Officers also found explicit conversations between the defendant and a 17 year old female (victim 4).
According to the complaint against Cisneros, also in August 2015, the Blasdell Police Department alerted the FBI about a 13 year old female (victim 1) engaging in sexually explicit conversations using the Kik application and text messages with an individual later identified as Cisneros. During their communications, the defendant and victim 1 exchanged graphic photos.
The complaint further states that during an interview with the FBI, the mother of Cisneros’s two children told agents that she found a phone belonging to the defendant which contained a sexual text conversation. The woman confronted Cisneros which resulted in an argument that led to police responding to the residence.
Cisneros and Kurowski both made initial appearances before U.S. Magistrate Judge Michael J. Roemer and are being detained pending detention hearings schedule for April 8, 2016 at 10:30 a.m. and 11:00 a.m. respectively.
The complaints are the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen and the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia. The task force includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
Buffalo Man Pleads Guilty to Sex Trafficking Charges as Trial Was About to BeginRead 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 Anthony Thompson, a/k/a Fresh Tone, 35, of Buffalo, NY, pleaded guilty to sex trafficking of a minor before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum penalty of life and a fine of $250,000.
“Today’s conviction, together with this week’s arrest of two other defendants for production of child pornography, depicts the dark side of modern communication devices and applications” said U.S. Attorney Hochul. “The cases also serve as a warning to all of the many ways predators seek to manipulate children through technology into engaging in sexually explicit conduct. By education and dialogue, such conduct – which criminals would otherwise seek to keep in the shadows – can be exposed and prevented.”
"This investigation highlights HSI's commitment to identify and investigate trafficking threats, as well as protect victims' rights and bring traffickers to justice," said ICE-HSI Special Agent in Charge James Spero. "We will continue to work tirelessly with our law enforcement partners to dismantle human trafficking networks in our community."
Assistant U.S. Attorneys Marie Grisanti and Trini E. Ross, who are handling the case, stated that Thompson engaged in the sex trafficking of two adults and one minor, between November 2012 and September 2014. The defendant recruited and enticed the three victims to engage in commercial sex acts at his direction. One of the victims was recruited through social media. Thompson then advertised the availability of the victims on social media including “Backpage.com.” The defendant also required that some victims “walk the streets” in order to attract customers for commercial sex. As a result, Thompson received all the money earned from the commercial sex acts by the victims.
Thompson pleaded guilty today as a federal jury was to begin hearing evidence involving the charges against him. Included in the Government’s evidence was a rap video showing the defendant’s state of mind regarding prostitution and prostitutes.
Rap lines included:
• “I'm the s--- I had a lot of hoes... And when they left I went and got some more. I rap to em then them b------ want to rock and roll. Ha. You think I'm playin' but I'm really pimpin'. I don't do the 50/50 with em.”
• “Papa's fat and I don't ever wanna diet. I sell dreams and these b------ really buy it. You wanna work bring some money and you hired.”
In a social media posting, the defendant describes the sexual exploitation of women as “tha best thing goin.” Thompson also compares the sale of women to the sale of narcotics, “U can sell it n still have it after you sell it. It goes nowhere….u don’t have to re up, or u not riskin years n jail.”
U.S. Attorney Hochul further stated “while the likely sentence will prevent this defendant from victimizing any other young women, the public at large must be on alert and vigilant for other potential predators.”
The plea is the culmination 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 Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for July 21, 2016 at 1:00 p.m. before Judge Arcara.
Niagara Falls Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Jeremy Scouten, 37, of Niagara Falls, NY, who was convicted of possession of child pornography, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Stephanie Lamarque and Kathleen A. Lynch, who handled the case, stated that on August 6, 2012, law enforcement officers executed a search warrant at the 2502 Falls Street residence of the defendant. Officers recovered a computer being used by Scouten. A subsequent forensic examination determined that the computer contained approximately 200 images and 17 videos of child pornography. Some of the images included children under the age of 12 years old depictions of violence.
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security investigations, under the direction of Special Agent in Charge James C. Spero.
Jamestown Man Charged with Transmitting Threatening CommunicationRead 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 Michael Bush, 35, of Jamestown, NY, was arrested and charged by criminal complaint with transmitting communication containing a threat to injure the person of another. The charge carries a maximum of five years in prison, a fine of $250,000 or both.Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the complaint, on February 26, 2016, Bush, a former officer with the Jamestown Police Department, posted a threat on the Jamestown, New York Topix forum page. The post contained a threat against two individuals.
The defendant made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroeder. A detention hearing is scheduled for April 7, 2016.
The complaint is the culmination of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Pleads Guilty to Selling Drugs That Were Smuggled into the Attica Correctional FacilityRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Jerome Tallington, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to narcotics conspiracy and possession with intent to distribute and distribution of heroin. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant sold heroin and marijuana to Elizabeth Camue Martinez. Between September 2013 and December 2013, Martinez then smuggled gram quantities of heroin and ounces of marijuana into the Attica Correctional Facility and provided it to her husband, Andres Martinez, who was at that time incarcerated in the facility, knowing that he would then distribute the heroin and marijuana to other inmates.
Elizabeth Camue Martinez and her husband Andres Martinez have also been convicted and are awaiting sentencing.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police, under the direction of Major Steven Nigrelli, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Wyoming Country District Attorney’s Office, under the direction of Donald O’Geen, and the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Anthony Annucci.Sentencing is scheduled for July 22, 2016 at 9:00 a.m. before Judge Vilardo.
Former Air Force Reservist Pleads Guilty to Distribution of Child PornographyRead 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 Steven Fine, 30, of Orchard Park, NY, pleaded guilty to distribution of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a $250,000 fine.Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the investigation began when the defendant, a former United States Air Force Reservist, distributed videos containing child pornography to an undercover agent. On September 12, 2014, law enforcement officers executed a search warrant at the defendant’s mother’s house in West Seneca, NY and recovered electronics being used by Fine. A subsequent forensic examination determined that several of the electronics contained images and videos of child pornography, including a video that the defendant had produced of himself engaging in sexually explicit conduct with a minor under the age of 16.
The plea is the culmination of an investigation by the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Town of West Seneca Police Department under the direction of Chief Daniel Denz.
Sentencing is scheduled for July 15, 2016 before Judge Arcara.
Cheektowaga Woman Pleads Guilty to Access Device Fraud and Aggravated Identity TheftRead 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 Danielle Hamilton, 27, of Cheektowaga, NY, pleaded guilty to conspiring to commit access device fraud and aggravated identity theft before U.S. District Judge Lawrence J. Vilardo. The access device fraud charge carries a maximum penalty of five years and a $250,000 fine. Aggravated identity theft carries a mandatory penalty of two years which must be served consecutive to any penalty imposed on the access device fraud charge.Assistant U.S. Attorneys MaryEllen Kresse and Elizabeth R. Moellering, who are handling the case, stated that from October 2013 to January 2014, the defendant and others traveled to Walmart stores and other retail establishments in Western New York and Pennsylvania where they used unauthorized credit cards. The credit cards were obtained without the true account holder’s knowledge or authority. Hamilton and others purchased $500 store gift cards and other merchandise totaling in excess of $300,000.
The plea is the culmination of an investigation on the part of the United States Postal Inspection Service under the direction of Boston Division Inspector in Charge Shelly A. Binkowski, and the United States Secret Service under the direction of Special Agent in Charge C. Todd Laster.
Sentencing is scheduled for June 13, 2016 at 9:00 a.m. before Judge Vilardo.
Rochester Man Pleads Guilty to Sex Trafficking of A MinorRead 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 Harris Hickman, 33, of Rochester, NY, pleaded guilty before the U.S. District Judge Elizabeth A. Wolford to sex trafficking of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in March 2014, Hickman trafficked a 15 year old minor using by posting photographs of the minor in advertisements on Backpage.com., knowing that the minor was only 15 years old and would be caused to engage in prostitution activity. Hickman also benefitted financially from the prostitution activities of the minor by getting part of the proceeds.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief Michael Ciminelli, Special Agents of the FBI, under the direction of Special Agent in Charge Adam S. Cohen, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Retired Funeral Director Pleads Guilty to Submitting Fraudulent Claims to the Veterans AdministrationRead 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 Karen Schlager, 60, of Snyder, NY, pleaded guilty to submitting false and fraudulent claims to the Department of Veterans Affairs before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that the defendant, who was the funeral director at Schlager Funeral Home in Amherst, submitted claims to the VA seeking payment for death benefits, including transportation costs, burial services, and funeral costs, that she knew had not provided to veterans or their families. As a result of the defendant’s actions, the VA suffered a loss of approximately $13,800.
The plea is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Jeffrey G. Hughes.
Sentencing is scheduled for July 7, 2016 at 10:00 a.m. before Judge Vilardo.Canadian Man Arraigned on Drug Charges Following Extradition to United States in Case Involving Largest Seizure of Cocaine in District HistoryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr, announced today that Harinder Dhaliwal, 44, was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder. Dhaliwal was indicted by a federal grand jury in February 2014 along with co-defendants Alvin Randhawa and Gursharan Singh on charges of conspiracy to possess with intent to distribute, and to distribute, cocaine and marijuana, conspiracy to export cocaine, attempt to export cocaine, conspiracy to import marijuana, and possession of cocaine with intent to distribute. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment, between 2007 and May 2011, Dhaliwal conspired with others to smuggle cocaine into Canada from the United States and marijuana into the United States from Canada via several international bridges located including ones in the Buffalo-Niagara region. Investigators believe that approximately 2,000 kilograms of cocaine were trafficked during the course of the conspiracy.Also charged in the conspiracy were Ravinder Arora, Michael Bagri and Parminder Sidhu. All three defendants have been convicted.
Dhaliwal pleaded not guilty at his arraignment and is being detained pending trial. Extradition proceedings are underway to bring Alvin Randhawa and Gursharan Singh, who are also in Canada, to the Western District of New York.
Today’s arraignment is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Officers from the United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations, the Peel Regional Police Department, under the direction of Chief Jennifer Evans, the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region and the Toronto Police, under the direction of Chief William Blair.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Amherst Man Re-Sentenced in Watermark Ponzi SchemeRead 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 Ian Campbell Gent, 73, of Amherst, NY, who was convicted in February 2011 following a jury trial of mail fraud and conspiracy charges in connection with the $6,000,000 Watermark Ponzi scheme, was resentenced to six years in prison by Chief U.S. District Judge William M. Skretny. The defendant appealed his original conviction and sentence. The conviction was upheld but a question was raised about Gent’s sentencing. The defendant was re-sentenced based on the fact that he joined the company a year into the scheme. Gent requested of a “time served” sentence which was rejected by Judge Skretny who instead imposed a 72 month sentence.
Assistant U.S. Attorney Gretchen L. Wylegala, who handled the case, stated that the defendant was hired by Guy Gane, who was convicted and sentenced to 13 years in jail in 2011, to assist him at Watermark M-One Financial Services. The company was shut down in May 2008 as a result of action by the United States Postal Inspection Service and the Securities and Exchange Commission. Gent, along with co-defendant James Lagona, were found guilty following a jury trial of participating in a scheme which began in early 2006, when Gane and his employees began selling "debentures" to trusting clients, claiming to be using the money to invest in waterfront real estate. Gane promised a 10% return after a year to his investors. However, no investments were made, and Gane used new investor funds to pay off the earlier investors. A total of 94 victims suffered losses of over $6,000,000. Lagona was sentenced to nine years in prison.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, U.S. Postal Inspection Service, Boston Division, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle Kitchen, Special Agent in Charge of the New York Field Office.
Former Elmira Teacher Indicted on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Howard Edward Brooks, 39, of Elmira, NY, on charges of receipt, attempted distribution, and possession of child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 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 indictment and a previously filed complaint, Brooks, a former teacher at the Elmira Christian Academy, was arrested in August, 2015 following the execution of a federal search warrant at his Elmira residence. During that search, FBI agents found several digital items containing photos and videos of children as young as toddlers being raped.
When FBI agents arrived to execute the search warrant, Brooks tried to flush several thumb drives down the toilet. He told the agents he did so because he saw the FBI in his driveway and knew the thumb drives contained child pornography. However, agents recovered the thumb drives from the sewer under the defendant’s residence with the assistance of the Chemung County Department of Public Works. These drives were then forensically analyzed and hundreds of child pornography videos were recovered from each.
The indictment is the culmination of an investigation by the Federal Bureau of Investigation 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.
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.Arcade 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 Ryan Tojdowski, 32, of Arcade, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 46 months imprisonment by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Caleb J. Petzoldt, who handled the case, stated that on December 17, 2014, during the course of an investigation, the Wyoming County Sheriff’s Department discovered the defendant to be in engaged in the manufacturing and distribution of marijuana. In addition, deputies found Tojdowski to be in possession of quantities of oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine as well as a .223 assault rifle.
The sentencing is the culmination of an investigation on the part of the Wyoming County Sheriff’s Department, under the direction of Gregory J. Rudolph and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.13 People Under Federal Arrest in Major Heroin and Gun Bust with Links to Philadelphia; Police Continue to Search for an Additional DefendantRead 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 13 defendants have been arrested and charged by criminal complaint in a major heroin trafficking operation with links to Philadelphia, Pennsylvania. During the execution of search warrants following the arrests, law enforcement officers seized 22,713 decks of heroin, $93,399.00 in cash and nine firearms.Under arrest:
• Damon Montgomery;
• Herbert Montgomery;
• Paris Montgomery;
• Frank Figueroa;
• James Washington;
• Jonathan Figueroa;
• Johnnie Balkman;
• Robert Cochran;
• Laron Perkins; and
• DeShawnra Williams, all of Rochester, NY.Also under arrest are Jerome Randolph, aka “May,” David Haynes and Edwin Rodriguez, all of Philadelphia, PA.
Law enforcement officers are continuing to search for a 14th suspect, Omar Latson.
“The seizures of heroin made in connection with this law enforcement operation represent some of the largest in recent memory,” said U.S. Attorney Hochul. “We in law enforcement don’t want further records, we want to save lives. Deaths from heroin and other opiate based substances now constitute the leading cause of death in America. But as a result of these seizures, nearly 23,000 potentially deadly doses will not make it onto the streets of our Rochester community.”
The charges in the complaint include possession with intent to distribute, and distribution of, controlled substances, conspiracy and attempt to possess with intent to distribute, and to distribute, controlled substances, use of a communication facility in furtherance of a controlled substance felony, money laundering and possession of a firearm in furtherance of drug trafficking. The charges carry a maximum penalty of life in prison, a fine of $10,000,000 or both.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that since October 2015, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Rochester Police Department (RPD) have conducted a multi-agency investigation into a significant Philadelphia based heroin trafficking organization. According to the complaint, the case involves the trafficking of large quantities of heroin from a group of individuals located in Philadelphia, PA to a group of individuals in Rochester. While the methods used by the organizations are not unique, the proceeds generated from the sale of heroin in Rochester over the course of the last several months have climbed well into the hundreds of thousands of dollars. The heroin seizures made in this case alone far exceed the total heroin seizures made in all of 2015 in the city of Rochester.
The investigation included the use of court approved eavesdropping warrants (wiretaps) on multiple phones used by the defendants. That investigation revealed that Jerome Randolph is the head of the Philadelphia group, responsible for overseeing the trafficking of heroin between Philadelphia and Rochester. Randolph relies principally on two named defendants, David Haynes and Edwin Rodriguez, who were responsible for the transportation of heroin and drug proceeds between the two cities. The Philadelphia group Supplied large quantities of pre-packaged and pre-stamped heroin, which was transported to Rochester in vehicles with hidden compartments. Once in Rochester, the heroin was distributed by members of the Rochester organization.
The Rochester organization had several principle members that deal directly with the members from Philadelphia, including Frank Figueroa, James Washington and Damon Montgomery. These individuals utilized several additional associates who performed various duties for the Rochester organization, including storage, transportation and street level distribution. These individuals were identified as Herbert Montgomery, Paris Montgomery, Johnnie Balkman, Robert Cochran, Jonathan Figueroa, Laron Perkins and LaShawnra Williams. Law enforcement officers estimate the Rochester organization was distributing in excess of $50,000 of heroin a week.447 THURSTON ROAD, APT 304
On March 5, 2016, investigators recovered a large quantity of heroin in an abandoned apartment controlled by Damon Montgomery. Specifically, investigators located 7,560 decks, or bags, of heroin weighing approximately 235 grams.
11 KARNES STREET
On March 11, 2016, during a traffic stop of Frank Figueroa, a search of his vehicle revealed a loaded Smith and Wesson revolver, 62 decks of heroin and 4.2 grams of powder cocaine, and $5,257 in cash.
440 THURSTON ROAD, Apt #108
On March 17, 2016, investigators executed a search warrant at the residence of Paris Montgomery. During the execution of the search warrant, investigators recovered two firearms, including a loaded Smith and Wesson 9mm, semi-automatic handgun and a Taurus, 45 caliber semi-automatic handgun, as well as 520 decks of heroin, numerous new, unused wax envelopes used in packaging heroin and $2,913 in cash.
909 SAINT BERNARD STREET, PHILADELPHIA, PA
On March 22, 2016, a search warrant was executed at the residence of David Haynes. Investigators located approximately $25,000 in United States currency, a loaded Ruger 9mm semi-automatic handgun, scales and 73 grams of heroin.
304 WEST ERIE AVENUE, PHILADELPHIA, PA
On March 22, 2016, a search warrant was executed at the residence of Edwin Rodriguez. Investigators located two handguns, including a loaded Bushmaster, .223 caliber rifle and a H&K 40 semi-automatic handgun, Ruger, 9mm semi-automatic handgun, approximately $6,000.00 in cash, and assorted ammunition.
2510 WEST DIAMOND STREET, PHILADELPHIA, PA
On March 22, 2016, a search warrant was executed at the residence of Jerome Randolph. Investigators located a large amount of ammunition and several loaded gun clips, scales, a money counter, a police scanner and approximately $3,000.
GOLD HONDA DRIVEN BY HAYNES/MONTGOMERY MEETING IN PA
On March 22, 2016, after intercepting numerous calls indicating a meeting would take place in northern Pennsylvania between two principal members of the organizations, a federal search and seizure warrant was executed on a car used to transport drugs and proceeds between Philadelphia and Rochester. Inside, investigators located two hidden containers (“traps”). The “trap” located under the center console was empty but the ‘trap” located under the rear passenger’s seat contained $46,950.00 cash and 13,440 decks (bags) of heroin.
89 ANGLE STREET
On March 22, 2016, a search warrant was executed at the residence of Robert Cochran. During the search, investigators located a loaded 410 gauge Mossburg shotgun, 27 decks of heroin, new and unused ziplock narcotics bags, a scale, approximately $2,339 in cash, an empty shoulder holster and assorted 45 caliber ammunition.
447 THURSTON ROAD, Apt #316
On March 22, 2016, a search warrant was executed at the residence of Johnnie Balkman. Investigators recovered 98 decks of heroin, a digital scale, a money counter, and $1,940.
97 MICHIGAN STREET
On March 22, 2016, a search warrant was executed at the residence of Jonathan Figueroa. Investigators recovered a Smith and Wesson 9mm semi-automatic handgun, a Kimber 45 caliber semi-automatic handgun and a small amount of heroin.
31 CANARY STREETOn March 22, 2016, a search warrant was executed at the residence of Deshawnra Williams. Investigators recovered nine decks of heroin, a digital scale and an assortment of paperwork.
Both Jerome Randolph and Edwin Rodriguez were arrested at their residences in Philadelphia, PA and were arraigned in Federal Court in Philadelphia, PA on Wednesday, March 23, 2016. The defendants are being held without bail pending their transfer to the Western District of New York.
The remaining defendants were arraigned before U.S. Magistrate Judge Jonathan W. Feldman. With the exception of DeShawnra Williams, all defendants are being held without bail at this time.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, under the direction Special Agent in Charge Adam S. Cohen, U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations, Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director, U.S. Border Border Patrol, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, and the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the New York State Department of Corrections and Community Supervision in coordination with the Philadelphia ATF and DEA Resident Offices and the Pennsylvania State Police.
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.
Retired Boston Police Officer Detective Pleads Guilty for His Role in an Investment Fraud SchemeRead 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 Daniel Rice, 53, of Stoughton, Massachusetts, pleaded guilty to wire fraud before U.S. Senior District Judge William M. Skretny.
Assistant U.S. Attorneys Scott S. Allen Jr. and Mary Catherine Baumgarten, who are handling the case, stated that Rice, a retired City of Boston Police Detective, aided and abetted Michael Wilson, 29, formerly of Hamburg, NY, to defraud investors by promising large returns on phantom investments through companies known as New Frontier.Rice pleaded guilty for his involvement in a deal brokered in January 2010, in which the defendant induced a Montana broker to wire $100,000 as part of a phony investment with Zodiak Capital, one of Wilson’s fraudulent New Frontier companies. Rice kept $40,000 before passing the remaining $60,000 on to a Wilson account at HSBC Bank in Buffalo.
In July 2010, Rice was involved in a second deal with Zodiak, and failed to tell the Montana broker about Zodiak’s connection to Wilson’s companies. As a result, on July 15 and 19, 2010, a total of $71,875 of a different investor’s money was wired to accounts in the Buffalo area controlled by Zodiak. The only money recovered was the $71,875 wired to Zodiak in July 2010, because the government quickly applied to have the receiving bank accounts frozen. The funds eventually were returned to the investor, who lives in Utah.
Wilson is currently charged in a 47 count indictment with wire fraud, money laundering and conspiracy, for deals entered into by his fraudulent companies in 2008 through 2010. The indictment accuses Wilson of attempting to defraud investors out of more than $8,000,000 between June 2008 and July 2009 by creating several phantom investment companies known collectively as New Frontier, including such names as Zodiak, Carnic LLC, Phantom Holdings and others, all purportedly located at 6553 Boston State Road in Hamburg. Wilson thereafter induced individuals and companies to invest in financial instruments with complex sounding names such as leveraging agreements that promised high-yield earnings and returns in short periods of time.
Rather than investing clients’ money, Wilson spent it on a variety of personal items, including $2,500,000 as a down payment for Boston State Road properties, automobiles - including a Hummer, a Corvette, two Land Rovers, and a Mercedes ML 500, artwork, and other items. The Indictment also discloses that in January 2009, Wilson paid $1,800 to hire an actor from a talent agency to portray a person using the name of an alias (George Possiodis), which name and persona the defendant used during his scheme.
Soon before being indicted, Wilson fled to Canada and is currently evading law enforcement authorities. 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.
Rice’s sentencing is scheduled for July 13, 2016 at 10 a.m. before Judge Skretny.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, with assistance from the Boston Police Department Anti-Corruption Division.
Lackawanna Woman Pleads Guilty to Distribution of Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charisma Royster, 25, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on September 15, 2014, the defendant sold a quantity of crack cocaine to a confidential informant working with officers of the Lackawanna Police Department. Subsequent analysis confirmed the presence of crack cocaine.
Royster is one of 18 defendants arrested in a drug trafficking operation that included sales made in and near the Gates Housing Project in Lackawanna. She is the sixth defendant to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge.
Sentencing will be scheduled at a later date.Buffalo Man Sentenced for Distributing Designer Drug to MinorRead 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 Anthony Vargas, III, 23, of Buffalo, NY, who was convicted of distributing the designer drug 5-MeO-DiPT, more commonly known as “Foxy Methoxy” or “Foxy,” to a person under 21 years of age, was sentenced to 24 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that late on October 18, 2013, the defendant sold a substance represented to be “Foxy Methoxy” to an intermediary at a commercial haunted house located behind the McKinley Mall in Blasdell, NY. The intermediary then immediately provided the substance to a 17-year-old minor.
Later that night, the minor began to feel dizzy and paranoid and experienced hallucinations. The following day, the minor was admitted to a local hospital in an unresponsive state and was placed on a ventilator to assist breathing. The minor subsequently recovered and was discharged from the hospital.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Puerto Rican Man Arrested for Attempting to Receive Kilogram of Cocaine Through MailRead 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 Omar Aponte Vellon a/k/a Chambo, 29, of Puerto Rico, was arrested and charged by criminal complaint with attempt to possess with intent to distribute 500 grams or more of cocaine. The charge carries a minimum penalty of 5 years and maximum penalty of 40 years in prison and a $5,000,000 fine.Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that, on two separate occasions in March 2016, federal law enforcement officials intercepted a package being shipped from Puerto Rico to a particular residence on the East Side of Buffalo. Each of the two packages contained approximately half a kilogram of cocaine. On March 25, 2016, the defendant accepted delivery of and left the residence with one of the packages, after which he was arrested.
The defendant is being held pending a detention hearing before the Honorable Michael J. Roemer on March 31, 2016.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent In Charges James J. Hunt, and the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski.
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.
Three Previously Charged Defendants, Three Additional Defendants Indicted on Charges Involving in Drugs Linked to A Mexican Drug Cartel; One Defendant Includes Bank of America EmployeeRead 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 a federal grand jury has returned a 23 count superseding indictment charging six defendants allegedly involved in an illegal narcotics operation stretching from Sinaloa, Mexico to Western New York. Named in the superseding indictment are three defendants previous charged in the case, Jose Manuel Lua-Guizar, 25, Max Riestra, 40, both of Mexico, and Pethrod Dunnigan, 37, of Buffalo, NY. Also charged in the superseding indictment:• Gerardo Ballardo, 23 of Stockton, California
• Bryant Hudson, 36, of Buffalo
• Presiliano Garcia, 31, of Los Angeles, California, a Bank of America employee who allegedly used his position to facilitate money laundering activities in the drug operation.“As the scourge of heroin continues to take a deadly toll on our community, this case shows that law enforcement will go wherever necessary to stop these traffickers in their tracks,” said U.S. Attorney Hochul. “Whether across the country or across the border, from street corners to bank offices, to we will stop the flow of these drugs into our community.”
Charges includes conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and one kilogram or more of heroin, money laundering conspiracy, international money laundering conspiracy, conspiracy to structure transactions, and structuring transactions. 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 Michael J. Adler, who is handling the case, stated that according to the superseding indictment and previously filed court documents, law enforcement officers began investigating a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of Los Angeles, California area in 2014. The organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado. Defendant Max Riestra was identified as being responsible for managing multiple bank accounts that were used to launder proceeds from the drug sales. Defendant Presiliano Garcia was a Bank of America employee who is accused of facilitating the opening of multiple accounts used for laundering drug proceeds. Garcia also facilitated wire transfers of drug proceeds from the United States to bank accounts in Mexico.
During the course of the investigation, officers executed search warrants that resulted in the seizure of drugs including one seizure of 21 kilograms of cocaine and three kilograms of heroin. Officers also seized numerous boxes that members of the drug trafficking operation attempted to mail which included an additional kilograms of cocaine and kilograms of heroin.
The investigation further revealed that a FedEx account controlled by Max Riestra was used to send packages to Buffalo, NY, including some to co-defendants Jose Manuel Lua-Guizar and Gerardo Ballardo. Guizar and Ballardo would travel from California to Buffalo to receive the packages and distribute the cocaine to local Buffalo area drug dealers, including defendant Pethrod Dunnigan. Investigators believe approximately 200 packages containing cocaine and heroin were shipped to cities including Buffalo, Chicago, New York and Denver.
The proceeds from the cocaine sales were deposited in local Bank of America branches in amounts just under $10,000. Deposits of $10,000 or more require the bank to report the transaction. There were also deposits in bank branches across the country. The total amount of money deposited in this fashion had reached more than $10,000,000. Local deposits totaled over $1,000,000 and involved at least 120 transactions.
The superseding indictment is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.
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.
Cuban National Sentenced for Bank FraudRead 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 Claudia Diaz Diaz, 22, a Cuban National, who was convicted of conspiracy to commit bank fraud, was sentenced to time served and three years probation by U.S. District Court Judge Richard J. Arcara, to conspiracy to commit bank fraud.Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Diaz fraudulently obtained the credit/debit card numbers of actual people and then encoded counterfeit cards with the information illegally obtained. The defendant then used the counterfeit cards to purchase merchandise at retail stores in the area, including a Tops Market in Amherst, NY and a CVS Pharmacy in Buffalo, NY. Diaz obtained the information associated with approximately 79 credit and debit card accounts at various financial institutions.
Five other Cuban Nationals, Eduardo Quinones Hernandez, Yasser Carrillo Chartrand, Yaily Santurio Milian, Misael Toledo Rios, and Jose Valdivia Quinones are also charged in this scheme to defraud involving counterfeit debit cards. Hernandez, Quinones, Milian and Rios have been convicted, charges are pending against Chartrand. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Michael Cerretto.
Lewiston Man Pleads Guilty to Tax 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 Jon DiBernardo, 51, of Lewiston, NY, who was convicted of tax evasion, was sentenced to three years probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney MaryEllen Kresse, who handling the case, stated that the defendant was the owner of Water Street Landing, a restaurant in Lewiston, NY. Between 2006 and 2009, DiBernardo submitted tax returns to the Internal Revenue Service understating business revenues thereby evading payment of income tax. In addition, the defendant paid employees off the books and as a result failed to pay employment taxes.
DiBernardo failed to report a total of $419,221 in taxable income resulting in a loss of $111,377 to the IRS. In addition, the defendant failed to report $285,705 in employee wages resulting in a loss of $43,712 to the IRS.
The sentencing is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.
Cheektowaga Woman Sentenced for Bank Robbery and Making A False Statement to the FbiRead 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 Angelina Kurtz, 20, of Cheektowaga, NY, who was convicted of bank robbery and making a false statement to the FBI, was sentenced to time served, six months of home detention with an ankle bracelet, two years supervised release, and ordered to pay $543.00 to Key Bank in restitution.
Assistant U.S. Attorney Meghan A. Tokash, who prosecuted the case, stated that Kurtz robbed the Key Bank located at 2318 Delaware Avenue in Buffalo. The defendant handed the teller a note demanding $20,000 in cash and threatening the teller that she had a .45 caliber gun with her that she would use if dye packs or alarms disrupted the robbery plot.
Kurtz also made a false statement to investigators after she was arrested.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.Former Truck Driver Sentenced for Transporting and Sexually Abusing MinorsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney Williams J. Hochul, Jr. announced today that David Allen Vickers, 51, of Stanley, NY, who was convicted following a jury trial of transportation of minors with the intent to have sex, was sentenced to life in prison by U.S. District Judge Richard J. Arcara.“The harm inflicted upon the victims in this case by the defendant continues to impact those victims to this day,” said U.S. Attorney Hochul. “Given that the victims’ complete recovery could very well take a lifetime, it is particularly appropriate that the defendant today received a life sentence - the highest permitted by law. Such a sentence is directly proportional to the harm caused, and ensures that no other minor will ever again be abused by this defendant.”
Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering stated that the jury found the defendant guilty of transporting two minors in interstate commerce with the intent to engage in criminal sexual activity. According to the evidence introduced at trial, the defendant, an over the road truck driver, transported two victims to Canada, New Jersey and Pennsylvania, and repeatedly abused and molested them while he was making deliveries. This abuse occurred in the time frame of 1999 to 2007.The trial evidence also disclosed that the defendant abused other children, with the first abuse beginning in 1983. This pattern of abuse included extensive psychological manipulation of the victims (sometimes referred to as “grooming”), and was facilitated through the defendant’s projection of benevolence to the victims’ families. Vickers also established and operated a bed and breakfast on Seneca Lake, “Paradise on the Lake,” where he took the eventual victims in an effort to manipulate and gain their trust. The defendant also gave the victims alcohol, cigarettes, toys, and access to ATVs.
Vickers cover was so devious, in fact, that both of the victims named in the indictment against the defendant had at one time been assigned to his custody by a Family Court Judge.
The sentencing is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, and the Batavia City Police Department under the direction of Chief Shawn Heubusch.
Albion Man Sentenced for Importing Α-PvpRead 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 Donald Stirk, 36, of Albion, NY, who was convicted of importing α-PVP into the United States, was sentenced to 48 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on March 5, 2015, Customs and Border Protection officers in Memphis, Tennessee conducted a routine inspection of a package mailed from China and addressed to the defendant in Albion. The inspection revealed that the package contained α-PVP (sometimes known as “flakka”), a Schedule I controlled substance. On March 13, 2015, law enforcement officers inspected another package from China addressed to the defendant, this time at the Albion Post Office, which again revealed α-PVP. Subsequent investigation revealed more such packages at the Albion Post Office. On April 15, 2015, officers performed a controlled delivery of several of the packages to the defendant at his Albion residence and then executed a search warrant at the residence revealing an additional quantity of α-PVP.
The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Rochester Woman Sentenced for Role in Burglary Leading to Death of Elderly Medina Comic Book CollectorRead 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 Arlene Combs, 31, of Rochester, NY, who was convicted of racketeering, was sentenced today to 240 months by U.S. District Judge Richard J. Arcara.
“This case, which began with greed, ended in the murder of a senior citizen,” said U.S. Attorney Hochul. “As this sentence demonstrates, law enforcement will be relentless in pursuing each and every person responsible for Mr. Marciniak’s, regardless of role in that crime.”
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, said that Combs and co-defendant Rico Vendetti hired three men, Donald Griffin, Albert Parsons, and Juan Javier, to travel from Rochester to the Medina, NY home of 78 year old Homer Marciniak to steal Marciniak’s valuable comic book collection in exchange for $1,000 each.
In executing their plan, in the early morning hours of July 4, 2010, Combs, along with Griffin, Parson, and Javier, drove from Rochester to Medina and cut Marciniak’s phone line.
In the early morning hours of the following day, July 5, 2010, the defendants returned to Marciniak’s home. Wearing ski masks and gloves, Griffin, Parsons, and Javier forcibly entered and during the course of the burglary, Marciniak, who had a serious heart condition, awoke and confronted the burglars. Griffin struck Marciniak in the face and then, along with Javier, bound his hands with bed linens. Javier then verbally threatened Marciniak with a BB gun in hand. Parsons, Griffin, and Javier ultimately located the comic book collection along with several strong boxes containing cash, coins, and other valuables.
After Griffin, Parsons, and Javier fled the scene with Combs, Marciniak freed himself and was taken to Medina Memorial Hospital for treatment of his facial injuries. However, after Marciniak was treated and released, he suffered a heart attack, was re-admitted to the hospital, and died shortly thereafter. Medical experts concluded that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.
Griffin, Parsons, and Javier gave the comic books to Combs who, along with another codefendant, Terry Stewart, took the comic books to Vendetti later in the day on July 5. Once Vendetti learned that the burglary resulted in Marciniak’s death, however, Vendetti disposed of the comic books.
Law enforcement officials within the Rochester Police Department identified the defendants during the course of separate investigation in October 2010. The defendants were arrested soon thereafter. In February and March 2011, Combs attempted to persuade Javier to not communicate with law enforcement about the July 2010 burglary and subsequent death of Homer Marciniak.
The burglary grew out of an organized shoplifting ring that stole hundreds of thousands of dollars in merchandise from retail stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops, and Wegmans. Vendetti, the former owner of Eastside Gold & Car Audio, formerly in Rochester, New York, along with codefendant, Dayon Shaver, purchased the stolen merchandise for 25¢ on the dollar and then sold the stolen merchandise on eBay for about half of its retail value, primarily to out-of-state customers.
Also convicted in connection with this case:
• Rico Vendetti was convicted of racketeering and is scheduled to be sentenced on April 20, 2016.
• Donald Griffin was convicted of committing a violent crime in aid of racketeering: murder, and is scheduled to be sentenced on April 7, 2016.
• Albert Parsons was convicted of a violent crime in aid of racketeering: assault resulting in bodily injury, and is scheduled to be sentenced in May 2016.
• Juan Javier, who was 17 at the time of the burglary, was prosecuted as an adult in Orleans County and sentenced to seven years in state prison.
• Terry Stewart was convicted of racketeering and was sentenced to 55 months in federal prison.
• Dayon Shaver was convicted of conspiring to traffic in stolen goods across state lines on March 21, 2016, and was sentenced to 46 months in federal prison.
• Brandon Meade was convicted of conspiring to traffic in stolen goods across state lines and was sentenced on January 21, 2016 to time-served after serving nine months in federal prison.The sentencing is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli. Special assistance was provided by Orleans County District Attorney Joseph Cardone.
Orleans County Man Pleads Guilty to Distributing MethyloneRead 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 Allen M. Young, 39, of Barker, NY, pleaded guilty to possession with intent to distribute methylone, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between October 21, 2011, and December 13, 2012, the defendant conspired with Peter Viera to obtain methylone from China, which Young then distributed. On December 13, 2012, while members of the Orleans County Major Felony Crime Task Force were attempting to execute a search warrant on Young and his car, he fled at a high rate of speed before crashing the car in Ridgeway, NY. Young fled the scene on foot. Nine rounds of .50 caliber ammunition were found in the car. As he fled, the defendant discarded a backpack near the scene of the crash which contained 1.8 pounds of methylone and just over one pound of marijuana.
Young was subsequently arrested in Erie, Pennsylvania on February 14, 2013, and has been in custody ever since. On April 5, 2013, officers executed a search warrant at his residence and seized seven firearms belonging to the defendant.
Peter Viera has also been convicted and will be sentenced on May 5, 2016.
The plea is the result of an investigation on the part of the Orleans County Major Felony Crime Task Force, under the direction of District Attorney Joseph V. Cardone and Sheriff Randall Bower, and the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.Sentencing is scheduled for June 17, 2016, at 10:30 a.m. before Chief Judge Geraci.
16 Kingsmen Motorcycle Club Officers, Members Indicted in Major Racketeering Operation; National President Among Those IndictedRead 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 46 count superseding indictment charging 16 officers and members of the Kingsmen Motorcycle Club (KMC) in a major racketeering operation that involved high ranking officials including the national president, regional and chapter presidents. Ten of the defendants are from Western New York.
“With today’s indictment, an era of violence perpetrated upon so many communities across this country by a single criminal enterprise has now come to an end,” said U.S. Attorney Hochul. “As this case demonstrates, law enforcement from across this region will not rest until all who would harm the peace and safety of our residents are brought to justice, regardless of where those threats originate.”
Named in the indictment are:
• David Pirk, 65, KMC National President;
• Andre Jenkins, 37, KMC member, Nomad;
• Timothy Enix, 56, KMC member, Florida/Tennessee Regional President;
• Filip Caruso, 51, KMC member, New York Northern Regional President;
• Edgar Dekay, 34, KMC member, North Tonawanda Chapter President, Nomad President;
• Jason Williams, 41, KMC member, North Tonawanda Chapter Vice President;
• Thomas Koszuta, 52, KMC member, Nomad;
• Gregory Willson, 50, KMC member, Nomad;
• Emmett Green, 44, KMC member, Arcade/Delevan Chapter President, New York Southern Tier Regional President, and New York Regional President;
• Robert Osborne, Jr., 37, KMC member, Olean Chapter President;
• Stanley Olejniczak, 51, KMC member;
• Jack Wood, 45, KMC member, Arcade Chapter Sergeant at Arms;
• Ryan Myrtle, 32, KMC member, North Tonawanda Chapter President;
• Thomas Scanlon, 46, KMC member, Olean Chapter President, Nomad, and New York Regional President;
• Glen Stacharczyck, 49, KMC member and North Tonawanda Chapter President;
• Sean McIndoo, 42, KMC member and Nomad.The charges include: Rico Conspiracy; Possession of Firearm In Furtherance of a Crime of Violence; Conspiracy to Distribute Cocaine; Possession with Intent to Distribute Cocaine; Using and Maintaining a Premises for Drug Dealing; Distribution of Marijuna; Possession of Firearms in Furtherance of Drug Trafficking Crimes; Felon in Possession of Firearm; Hobbs Act Conspiracy; Hobbs Act Robbery; Assault with Dangerous Weapon in of Racketeering; Use of Firearm During and in Relation to Crimes of Violence; Attempted Murder in Aid of Racketeering; Murder in Aid of Racketeering; Possession and Discharge of a Firearm in Furtherance of a Crime; Accessory after the Fact; Obstruction of Justice; False Statements before Grand Jury; User of Controlled Substance in Possession of Firearms; Distribution of Cocaine; and Distribution of Marijuana.
The charges carry a mandatory minimum penalty of five years in prison, a maximum penalty of life in prison and a $500,000 fine.
Assistant U.S. Attorneys Caleb J. Petzoldt and Joseph M. Tripi, who are handling the case, stated that according to the indictment, beginning in 2013, certain KMC members wanted to establish the KMC as a 1% club. The 1% refers to a previous statement by a representative of the American Motorcycle Association that 99% of motorcyclists were law-abiding citizens with the remaining 1% engaged in certain activities such as drug trafficking, firearm trafficking, and acts of violence.
Acts of violence allegedly committed by the KMC include:
• In September 2014, defendant KMC President David Pirk told defendant Andre Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel "DJ" Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on September 6, 2014.
• On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood. As a result of assault, defendant Willson was elevated to the position of Nomad within the KMC. A KMC Nomad was a KMC member that was not required to regularly attend meetings but was expected to serve the interests of the KMC enterprise including fighting other clubs and committing violent crimes.
• On September 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.
Fifteen of the defendants are in custody and the remaining defendant is expected to be taken into custody soon.The superseding indictment is the culmination of the an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices, Immigration and Customs Enforcement, Homeland Security Investigations, the Erie County Sheriff’s Office, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York State Police, the Olean Police Department, the Lancaster Police Department, the Amherst Police Department, the Town of Tonawanda Police Department, the Niagara Frontier Transportation Authority Police, the Cattaraugus County Sheriff’s Department, the Hamburg Police Department.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Three Charged with Violating the Travel ActRead 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 Feng Yang Chen, 40, Liang Liang Guo, 30, and Cheng Qi Li, 27, all of Flushing, NY, were arrested and charged by criminal complaint with violating the Travel Act and conspiracy to violate the Travel Act. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the complaint, that the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com which led to encounters with prostitutes in Tonawanda, NY as well as other cities and states. The complaint further states that the defendants operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients.
The defendants made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and were released on conditions.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, the New York Police Department, under the direction of Chief William J. Bratton and the South Portland, Maine Police Department, under the direction of Chief Edward Googins.
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.
Three Charged with Violating the Travel ActRead 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 Feng Yang Chen, 40, Liang Liang Guo, 30, and Cheng Qi Li, 27, all of Flushing, NY, were arrested and charged by criminal complaint with violating the Travel Act and conspiracy to violate the Travel Act. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the complaint, that the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com which led to encounters with prostitutes in Tonawanda, NY as well as other cities and states. The complaint further states that the defendants operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients.
The defendants made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and were released on conditions.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, the New York Police Department, under the direction of Chief William J. Bratton and the South Portland, Maine Police Department, under the direction of Chief Edward Googins.
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.