Western District of New York
Press releases recorded for this federal judicial district.
Brockport Man Sentenced for “Ecstasy” ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Gerrit Mora, 22, of Brockport, NY, who was convicted of conspiracy to distribute MDMA (“Ecstasy”), was sentenced to time-served, six months of home confinement, and two years of supervised release by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on March 7, 2014, Mora took delivery in Niagara Falls, NY of a package that he had ordered online from Brussels, Belgium. The package contained nearly nine ounces of MDMA. At approximately 8:15 p.m. that evening, law enforcement officers pulled Mora over in the vehicle he was driving in West Seneca, NY and seized the package.
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.
Perry Housing Project Ringleader Pleads Guilty to Drug, Money Laundering and Firearm ChargesRead 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 Tyshawn Bradley, 29, of Buffalo, NY, pleaded guilty to conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects, conspiracy to commit money laundering and possession of an unregistered, sawed off rifle before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, a minimum of 10 years supervised release and a $20,000,000 fine“Through his criminal conduct, the defendant turned a public housing project into a virtual prison for seniors, children, and those most in need of assistance,” said U.S. Attorney Hochul. “Thanks to today’s conviction, the defendant will soon experience the sort of confinement he inflicted upon these innocent residents. We are committed to prosecuting all gang and narcotics traffickers, wherever they are found.”
Assistant U.S. Attorneys Timothy C. Lynch and Michael J. Adler, who are handling the prosecution, stated that the defendant was the head of a narcotics trafficking ring that operated primarily in the Perry Housing Projects in Buffalo. Bradley maintained several apartments on the grounds of the projects, operated by the Buffalo Municipal Housing Authority, where members of his organization sold crack cocaine on a daily basis.The defendant was arrested along with nine others on April 3, 2013 following the execution of search warrants several locations in the City of Buffalo and Cheektowaga, including at 124 Fulton Street and 305 Perry Street, which are located at the Perry Housing Projects. During the searches at the Perry Housing Projects, officers recovered over 300 grams of crack cocaine and 700 grams of powered cocaine as well as a sawed-off, 9mm semiautomatic rifle that belong to Bradley.
In addition, between October 2011 and April 3, 2013, the defendant conspired with others to purchase multiple houses in the City of Buffalo using the proceeds of his crack cocaine distribution organization. As part of the money laundering conspiracy, the properties were purchased by co-defendant Nannette Brown to conceal Bradley as the true owner of the properties.
To date, nine of the 10 charged defendants have been convicted.
Today’s plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department. Assistant U.S. Attorney Michael J. AdlerSentencing is scheduled for March 29, 2016 at 10:00 a.m. before Judge Vilardo.
Lockport Man Arrested on Drug ChargesRead 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 Dion Cheatham, 41, of Lockport, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin and fentanyl. The charge carries 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 according to the complaint, the defendant is accused of selling heroin and fentanyl at his place of employment in the Bewley Building in Lockport and in a residential neighborhood in Lockport. As part of the federal investigation, Cheatham was identified by a victim who overdosed on fentanyl which was purchased from Cheatham.
The defendant is being detained.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Lockport Police Department, under the direction of Chief Lawrence Eggert and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Cuban Man Sentenced for Credit Card 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 Eduardo Hernandez Quinones (Hernandez), 46, a Cuban National and former resident of Miami, Florida, who was convicted of conspiracy to commit bank fraud, was sentenced to 31 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $13,785.29 in restitution.Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Hernandez fraudulently obtained the authentic credit/debit card numbers of cardholders and then encoded that information onto counterfeit cards possessed by the defendant. The defendant then used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, Hernandez used counterfeit cards to purchase gasoline from area gas stations and re-sold the gasoline for cash.
A total of six defendants have been charged in two related cases. Carrillo Chartrand, Claudia Diaz Diaz, Jose Valdivia Quinones, and Misael Toledo Rios have been convicted and are awaiting sentencing. Charges are pending against Yaily Santurio Milian. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the culmination of an investigation by 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.
Cheko’s Crew/7th Street Gang Member and Associate Plead Guilty to Rico Conspiracy; Drug Supplier Pleads Guilty to Drug 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 three defendants who were part of or associated with the Cheko’s Crew/7th Street Gang, pleaded guilty before U.S. District Judge Richard J. Arcara.7th Street Gang member Luis Medina, 24, and associate David Tirado, 29, both of Buffalo, NY, pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. Alejandro Navarro-Gonzalez, who supplied heroin to the Cheko’s Crew/7th Street Gang, pleaded guilty to conspiracy to distribute heroin which carries a mandatory minimum sentence of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that Luis Medina, as a member of the Cheko’s Crew/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 Cheko’s Crew/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.
As an associate, David Tirado sold a .22 caliber rifle to the Cheko’s Crew/7th Street Gang which was later used in the murder of rival 10th gang member Eric Morrow. Tirado also conducted a robbery at 39 Montclair Avenue in Buffalo, a residence he believed contained drugs and money.
Alejandro Navarro-Gonzalez supplied bulk quantities of heroin to the Cheko’s Crew/7th Street Gang which he received from a supplier in Chicago.
A total of 18 defendants have been charged in this case. To date, 17 have been convicted.
The pleas are 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.David Tirado will be sentenced on April 11, 2016, at 12:30 p.m.; Luis Medina on April 13, 2016 at 12:30 p.m.; and Alejandro Navarro-Gonzalez on April 14, 2016 at 12:30 p.m., all before Judge Arcara.
Rochester Man Sentenced for Passing Coutnerfeit MoneyRead 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 Dashawn Sanders, 25, who was convicted of conspiracy to pass counterfeit currency, was sentenced to 14 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Sanders conspired with co-defendants Tiffany Key, Shamell McCullough and Turemail McCullough to pass approximately $10,980 of counterfeit $20 bills at local retailers, including Walmart and Dollar General.
Tiffany Key has been convicted and is awaiting sentencing. Charges are pending against Shamell and Turemail McCullough. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.Former Basketball Star Sentenced on 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 Arthur Long, 42, of Rochester, NY, who was convicted after a jury trial of possession with intent to distribute methylone (Ecstasy) and marijuana, using a premises for drug trafficking and possession of a firearm in furtherance of drug trafficking crimes, was sentenced to 81 months in prison by Chief U.S. District Judge Frank P. Geraci.Assistant U.S. Attorneys Jennifer M. Noto and Robert A. Marangola, who handled the prosecution of the case, stated that in July 2013, the Rochester Police Department conducted an investigation that culminated in the execution of search warrants at the defendant’s home on Chi Mar Drive in Chili, NY. Officers also searched Long’s vehicle, a 1977 Cadillac Eldorado. During the execution of the warrants, investigators recovered ecstasy tablets and capsules containing Methylone, marijuana, an AK-47 rifle and a stolen .45 cal handgun, along with packaging materials.
The sentencing is the culmination of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
Cheko’s Crew/7th Street Gang Members Plead Guilty to Rico, Admit Roles in Two MurdersRead 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 Jordan Hildalgo, 24, and Ritchie Juarbe, 25 both of Buffalo, NY, pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison, a $250,000 fine, or both.“This case demonstrates that when it comes to murder – or indeed any gang activity – our Office will pursue relentlessly until every perpetrator is brought to justice,” said U.S. Attorney Hochul.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendants were members of the Cheko’s Crew/7th Street Gang which was responsible for multiple acts of violence and the distribution of illegal narcotics on the West Side of Buffalo between 2000 and 2012. The narcotics included heroin, crack cocaine, cocaine, and marijuana.
The defendants admitted their roles in the murders of two people:
• On November 6, 2008, Hidalgo and Juarbe went to Raquan Lloyd’s house where Hidalgo shot and killed Lloyd. After the murder, Juarbe discarded the murder weapon, throwing it into the Niagara River.
• On August 11, 2009, Hidalgo participated in the murder of Eric Morrow, a rival 10th Street Gang member, who was shot and killed at the corner of West and Auburn Avenues in Buffalo. Following the murder, Hidalgo got into a getaway vehicle driven by Ritchie Juarbe.A total of 18 defendants have been charged in this case. To date, 14 have been convicted.
The pleas are 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.
The defendants will be sentenced on April 7, 2016 at 12:30 p.m. before Judge Arcara.
Rochester Man Pleads Guilty to Arson 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 Matthew L. Mateo, a/k/a Red, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to arson of a commercial building. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years, a fine of $250,000 or both.Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that on September 22, 2013, Mateo and Eddie L. Vaughn, a/k/a Elbow, transported Molotov cocktails to the Miami Deli Grocery at 176 Genesee Street in Rochester. Vaughn broke the store window with a brick. Mateo and Vaughn then lit a Molotov cocktail which Vaughn threw into the store. The Molotov cocktail exploded upon hitting the store floor and spread fire throughout the building. The interior and exterior of the store were burned and extensively damaged.
Vaughn has also been convicted of arson.
Today’s plea is the culmination of an investigation conducted by the Arson Task Force, which is comprised of Investigators of the Rochester Fire Department, Rochester Police Department, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Mateo will be sentenced on March 15, 2016 at 3:30 p.m. before Judge Geraci. Vaughn is scheduled to be sentenced February 3, 2016 at 3:00 p.m., also before Judge Geraci.
Niagara Falls Man Charged with Assaulting A Probation 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 Monsuru Giwa, 24, of Niagara Falls, NY, was arrested and charged by criminal complaint with assaulting a federal officer. The charge carries a maximum penalty of 20 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 November 24, 2015, U.S. Probation Officers attempted to search the defendant’s Niagara Falls residence. An officer approached Giwa on the porch and directed the defendant to put his hands behind his back. As the officer attempted to place handcuffs on Giwa, he attempted to break free causing the officer to be pulled off the porch and onto the ground suffering leg lacerations Giwa then fled the scene.
The defendant made an initial appearance before U.S. Magistrate Judge Hugh B. Scott and is being detained.
The criminal complaint is the culmination of an investigation on the part of the United States Probation Department, under the direction of Anthony SanGiacomo 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.Husband and Wife Sentenced in Witness Tampering CaseRead 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 Mindy Konopski, 34, who was convicted of obstruction of a court order, and her husband, Andrej Konopski, 29, both of Savona, NY, who was convicted of witness tampering, were each sentenced to six months in prison and six months home detention by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that the couple harassed and intimidated witnesses in the federal prosecution of Mindy Konopski’s brother Jonathan Fernandes. He was convicted after a jury trial in August 2015 of multiple drug charges relating to the manufacture and distribution of methamphetamine, as well as witness tampering. Mindy and Andrej Konopski confronted an individual they believed was cooperating against Fernandes in a threatening and intimidating matter and obtained a false statement from that individual that was later used in court documents filed by Fernandes. Jonathan Fernandes will be sentenced on January 8, 2016.
Today’s sentencings are the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, and the Steuben County Sheriff’s Department, under the direction of Sheriff David Cole.
Buffalo Man Arrested on Cocaine 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 Pethrod Dunnigan, 37, of Buffalo, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine. The charge carries a mandatory minimum 10 years in prison, a maximum of life, a $10,000,000 or both.Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in May 2014, the Drug Enforcement Administration began receiving information that multiple individuals were making multiple deposits of cash at a Bank of America branch in Buffalo. A majority of the deposits were just under $10,000. Deposits of $10,000 or more would require the bank to report the transaction.
Further investigation revealed that individuals with ties to a Mexican drug cartel were traveling from California to Buffalo to traffic cocaine. These individuals stayed at Buffalo area hotels. They also received packages of cocaine which they then distributed to local drug dealers. The proceeds from the cocaine sales were deposited at local branches in amounts just under $10,000. According to the complaint, between April and December 2014, 108 structured deposits were made totaling $1,049,270,00.
In December 2014, four individuals were arrested after another 10-15 deposits of $9,900 were made into local bank accounts. Further investigation determined that a phone number subscribed to the defendant made 257 calls to one of the defendants arrested between November 29 and December 11, 2014.
On March 4, 2015, law enforcement officers seized approximately $500,000 in suspected drug proceeds in California. According to the complaint, the defendant helped to package the money in the refrigerator that it was shipped in from Buffalo to California.
The defendant made an initial appearance today before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on December 16, 2015.
The criminal complaint 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.
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.
Albion Man Pleads Guilty to Importing Α-PvpRead 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 Donald Stirk, 36, of Albion, NY, pleaded guilty to importing α-PVP into the United States 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 Frank T. Pimentel, who is handling 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 plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for March 23, 2016 at 11:00 a.m. before Judge Wolford.
Schuele Boys Gang Associate Sentenced on Drug Charge; Another Defendant Pleads Guilty to Drug 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 Tywone Smothers, 36, of Buffalo, who was convicted of conspiracy to distribute marijuana, was sentenced to two years probation and four months home detention by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, Smothers conspired with Damario James and others to distribute marijuana in the City of Buffalo.
In a related case, Xavier Hill, 43, of Buffalo, NY, pleaded guilty to possession of cocaine. On numerous occasions, Hill purchased cocaine from Schuele Boy member Michael Robertson.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Smothers and Hill are two of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 16 of the defendants have been convicted.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentenced and plea are the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Xavier Hill will be sentenced on March 24, 2016 at 12:30 p.m. before Judge Arcara.
Jamaican Ecstasy Trafficker Sentenced on Drug 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 Carlos McKenzie, a/k/a Charles Williams, a/k/a General, 37, of Jamaica, who was convicted by a federal jury of conspiracy to possess with intent to distribute and to distribute 500 grams or more of methamphetamine, was sentenced to 132 months in prison by U.S. District Judge David G. Larimer.Assistant U.S. Attorneys Robert A. Marangola and Everardo A. Rodriguez, who handled the case, stated that McKenzie and others obtained ecstasy tablets smuggled from Canada, which were then sold by multiple distributors in Rochester and other locations.
McKenzie was charged in 2009 along with 28 other defendants. The defendant was not arrested until 2013, when he was taken into custody in Phoenix, Arizona under an assumed name. All other defendants have been convicted and sentenced. The investigation resulted in the seizure of approximately $230,000 in U.S. currency from drug proceeds, 290 pounds of marijuana, 3,000 ecstasy tablets, 11 firearms and two automobiles.
The conviction was supported by the Department of Justice Organized Crime Drug Enforcement Task Force (OCDETF) program. It is the culmination of a federal wiretap investigation led by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the New York State Police, under the direction of Major Craig Hanesworth. The investigation was part of the then-recently created Border Enforcement Security Task Force (BEST), which is comprised of local, state, and federal law enforcement organizations from Canada and the United States. Other assisting agencies the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, U.S. Customs and Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey, the Rochester Police Department, Chief Michael Ciminelli, and the Canadian BEST task force members which include the Ontario Provincial Police, Toronto Police Services, Canada Border Services Agency, Niagara Regional Police Services, and the Royal Canadian Mounted Police.
Former Rochester Tax Preparer Sentenced for Preparing False ReturnsRead 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 Jason R. Pastore, 34, of Yonkers, NY, formerly of Rochester, NY, who was convicted of preparing false tax returns, was sentenced to 12 months in prison and ordered to pay restitution totaling $144,604.00 to the Internal Revenue Service by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated the defendant operated a tax return business known as JRP Tax Consultants in Rochester. Pastore, without the knowledge of clients, prepared fraudulent federal income tax returns. Specifically, the defendant reported false charitable contributions and un-reimbursed employee expenses on Schedule A, and false business deductions on Schedule C. As a result, clients received tax refunds to which they were not entitled.
For the tax years, 2008, 2009, and 2010, Pastore prepared approximately 234 fraudulent returns which resulted in the Internal Revenue Service paying more than $400,000 in tax refunds to which the clients were not entitled. The defendant also prepared and filed fraudulent tax returns for himself during the same time period.
The sentencing is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Elmira Woman Sentenced on Theft ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sonja Matos, 28, of Elmira, NY, who was convicted of theft by credit union employee, was sentenced to time served and two years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the defendant worked for the Corning Credit Union as a Risk Management/Card Services employee. Part of her responsibilities included periodically updating the software of Automated Teller Machines (ATM’s) and loading monies into the ATM’s of the Corning Credit Union. From January 2015 through April 2015, Matos took money for herself on a weekly basis from two ATM’s as she was loading the money into the machines. The defendant stole approximately $40,0000. The deposits of the Corning Credit Union are insured by the National Credit Union Administration.
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.
Buffalo Native Convicted for His Role in Overseas Investment ScamRead 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 Arnold Wrobel, 63, a native of Buffalo, NY, who was most recently residing in Barcelona, Spain, pleaded guilty to conspiring to engage in a wire fraud conspiracy and to defraud the Internal Revenue Service, before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that Wrobel oversaw a “boiler room” scam in Barcelona, Spain. The scam conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices by telling buyers that they were buying more valuable regular shares of stock. Approximately 250 investors lost more than $2,900,000 to Wrobel and his co-conspirators. A portion of the criminal proceeds were funneled through a bank account in Western New York before being sent to numerous overseas accounts controlled by Wrobel others. Alert investigators monitoring suspicious monetary transactions uncovered the criminal activity. Wrobel, who grew up in Buffalo, also conspired to defraud the Internal Revenue Service in order to avoid paying taxes on the ill-gotten gains.
The defendant is the second of 12 defendants to be convicted in the case.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James S. Spero, Special Agent in Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Michael F. Rivera, Supervisory Special Agent.
Sentencing will be scheduled at a later date.
Rochester Man Pleads Guilty to Bank RobberyRead 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 Maximilion Broadnax, 31, of Rochester, NY, pleaded guilty to robbing the Chase Bank at 900 Dewey Avenue in Rochester, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Charles E. Moynihan, who is handling the prosecution of the case, stated that on May 22, 2015, Broadnax’s co-defendant, Tiffany Hogan, entered the Chase Bank just after it opened and passed the bank teller a note drafted by Broadnax. The note demanded money and stated that nobody would be hurt if the teller complied. After receiving a specific amount of United States currency, Hogan left the bank and got into a white minivan in which Broadnax was waiting and the two drove away from the location.
Hogan and Broadnax were arrested later that same day at 17 Second Street in Rochester by members of the Rochester Police Department who were looking for Broadnax in connection with his involvement in stolen vehicles. While taking Broadnax into custody, officers saw that Broadnax’s pants fell down and a large amount of United States currency fell out.
Tiffany Hogan was also convicted of bank robbery.
Today’s plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, as well as the Town of Greece Police Department, under the direction of Chief Patrick Phelan, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for January 20, 2016, at 2:30 p.m. before Judge Larimer.Father and Son Arrested for Tonawanda Bank RobberyRead 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 Brandon Loyd, 19, and his father, Duane Loyd, 44, both of Buffalo, NY, were arrested and charged by criminal complaint with bank robbery and related use and possession of a firearm. The bank robbery charge carries a maximum penalty of 20 years in prison and a $250,000 fine. The firearm charge carries a mandatory minimum penalty of five years, a maximum of life and a $250,000 fine. Any penalty imposed for the firearm charge would be served consecutive to any prison term imposed for the bank robbery.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on December 7, 2015, at approximately 11:40 a.m., Brandon Loyd walked into the Key Bank located at 4248 Delaware Avenue in Tonawanda, NY. The defendant put a respirator mask over his face, approached the tellers, and demanded money. As he was demanding money, Loyd displayed a firearm and ordered customers in the bank to raise their hands in the air.
The complaint further states that Loyd subsequently fled the bank with a specific amount of money and entered a vehicle driven by his father, Duane Loyd. A police chase ensued, which resulted in the getaway vehicle and a City of Tonawanda Police vehicle colliding. Both Duane and Brandon Loyd fled on foot but were captured shortly thereafter. Police also recovered a disassembled pistol with a magazine containing 12 rounds of ammunition.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Leslie G. Foschio and are being held in custody pending detention hearings on December 10, 2015 at 10:00 a.m. before U.S. Magistrate Judge Hugh B. Scott.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen; the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold, III; the City of Tonawanda Police Department, under the direction of Chief William Strassburg; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced for Sex Crime Against MinorRead 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 Todd Glenn Dean, 51, of Rochester, NY, who was convicted of enticing a minor to engage in illegal sexual activity, was sentenced to 18 years in prison by U.S. District Judge David G. Larimer.Assistant U.S. Attorney John J. Field, who handled the case, stated that in September 2014, a minor male was approached by the defendant. Dean handed the minor a piece of paper with his telephone number on it. The minor then reported the incident to his mother who exchanged text messages with the defendant. Based on the exchanges, the mother notified law enforcement.
In October 2014, a law enforcement officer, posing as a 15 year old male, exchanged texts with Dean. The two arranged to meet in Genesee Valley Park for the purpose of having sex. The defendant was arrested when he arrived at the park.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement, Homeland Security Investigations.
Palmyra Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Noah R. Scribner, 23, of Palmyra, NY, who was convicted of possession of child pornography, was sentenced to time served and 96 months of supervised release by U.S. District Court Judge David G. Larimer. The defendant must also register as a sex offender, and was ordered to forfeit all the digital media used in the commission of the crime.Assistant U.S. Attorney Craig R. Gestring, handled the case, stated that the New York State Police and Federal Bureau of Investigation conducted an online child pornography investigation in December 2013. During that case, they learned that child pornography had been uploaded to a Google cloud drive account. Investigators linked that activity to the defendant, and traced his physical location to a residence in Palmyra. A search warrant was executed and numerous digital items were seized.
During the investigation, Scribner told law enforcement officers that he found the child pornography images and videos online by using certain search terms. The defendant also admitted that he would ask other online users to send him online "links" to other child pornography sites and images. Scribner acknowledged that, in return, he would send those users links with child pornography as well. The defendant estimated that he traded child pornography with others 100 times or more and said that the people he communicated with online (about child pornography) could be from anywhere in the world. At the time he downloaded the images, Scribner believed what he was downloading constituted child pornography.
A forensic review of the digital material seized from Scribner located images of children being sexually abused on several items, including a laptop and Apple iPod. Some of the images depicted prepubescent minors or minors under twelve years old being raped, as well as images which portrayed sadistic or masochistic conduct or other depictions of violence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and the Federal Bureau of Investigations Child Exploitation Task Force consisting of the Monroe County Sheriff’s Office, the Rochester Police Department, the Greece Police Department and Homeland Security Investigations.
Sex Offender Arrested for False Statements Regarding Computer AccessRead 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 Richard Petix, 30, of Rochester, NY, was arrested and charged by criminal complaint with material false statement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the complaint, Petix lied to federal probation officers and law enforcement agents about his ownership and use of a laptop computer and a smartphone. Petix is on a term of supervised release following a 2009 federal conviction for knowingly transporting child pornography in interstate commerce. As special conditions of his supervision, Petix must notify his probation officer of any computers he uses and, as triggered by impermissible or suspicious activity, consent to examinations of such computers. On December 3, 2015, probation officers saw Petix at a business establishment in Buffalo, accessing a laptop computer and possessing a smartphone and multiple thumb drives.
The defendant made an initial appearance before U.S. Magistrate Judge Hugh B. Scott and is being held pending a preliminary hearing on December 16, 2015, at 10:00 a.m.
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the United States Probation Office, under the direction of Anthony SanGiacomo.
The fact that a defendant has been charged with a crime is merely an accusation
Canadian Woman Sentenced for Smuggling MethyloneRead 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 Erika Ruby-Lynn Foss, 27, of Toronto, Ontario, Canada, who was convicted of conspiracy to distribute methylone, was sentenced to time-served and one year of supervised release by Chief U.S. District Judge Frank P. Geraci.Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on February 22, 2014, the defendant attempted to enter the United States at the Rainbow Bridge Port of Entry. After being referred for secondary inspection, Foss was found in possession of four ounces of methylone that she was intending to deliver a person on Niagara Falls Boulevard in Amherst.
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, and U.S. Customs and Border Protection officers, under the direction of Rose Hilmey, Acting Director of Field Operations.
United States Attorney’s Office Recovers over $88,000,000 in Fiscal Year 2015; Record Amount Shared with Local Police DepartmentsRead 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 the Western District of New York Office recovered in Fiscal Year 2015, $88,246,428.15 as a result of wide-ranging efforts in criminal, civil and asset forfeiture cases. As a result, $9,089,436 was distributed to victims of crime in the past year and a record amount of the recovered monies were provided as aid to law enforcement agencies, and in large part, provided to taxpayers as a result of being transmitted to the United States Treasury.In making the announcement, U.S. Attorney Hochul praised the hard work and dedication of Office attorneys and support staff that sought not only to put convicted defendants in jail, but took the profit out of crime in a more literal sense. “This Office strives mightily to protect the public by prosecuting those who would cause our residents harm. At the same time, we believe in the well-known saying “crime doesn’t pay.” To help make this phrase a reality for Western New Yorkers, our Office uses asset forfeiture laws and civil lawsuits to recover money for taxpayers, victims of crime, and local police departments. In other words, we don’t just take the profit out of crime, we use it for the public good.
The $88,246,428.15 represents more than 8 ½ times the amount of money it took to operate the entire United States Attorney’s Office for the year. “Because our budget is approximately $10 million, the recovered money in reality means taxpayers spent nothing for the protection and safety provided by this Office, and while also obtaining an additional $78,000,000 million in money it did not budget receiving through other means,” said U.S. Attorney Hochul.
Specifically, the Office collected $76,130,788 in criminal and civil actions. Criminal actions, which include fines and restitution, totaled $9,809,269.57, most of which was returned to victims of crime. The Office collected $66,321,518.58 in civil actions, which include proceedings involving health care fraud, government fraud, foreclosures and more.
In addition, the Office collected $12,115,640 in criminal and civil forfeitures. Forfeitures generally involve proceeds of crime, as well as property used to commit crime. Of that amount, a record amount of $3,768,043 was shared with state and local law enforcement partners who work with the U.S. Attorney’s Office and the Department of Justice.Since Mr. Hochul became U.S. Attorney, the Office has recovered and returned to victims, taxpayers and police agencies more than $322,000,000:
Fiscal Year 2010: $31,800,000;
Fiscal Year 2011: $29,300,000;
Fiscal Year 2012: $53,600,000;
Fiscal Year 2013: $94,220,000;
Fiscal Year 2014: $25,000,000.In addition to recovering funds, in September 2015, Asset Forfeiture monies were used to demolish six forfeited drug houses on Buffalo’s East Side. This represented the first time such an undertaking was ever accomplished in the United States. A total of 98 dangerous firearms, along with ammunition, and 79 computers and media devices were also forfeited in FY 2015 as instrumentalities of criminal conduct, mostly related to child exploitation cases.
The following cases are an example of a successful forfeiture and affirmative civil enforcement cases concluded this past year in the Western District of New York:
United States v. Doran Feldman, et al.
Doran Feldman was an anesthesiologist for CGF Anesthesia Associates, P.C. in Buffalo. Co-defendant Debra Bulter, who worked in the Department of Anesthesiology for the University of Rochester, started DJA Solutions, LLC to provide administrative consulting services to CGF. In 2001, CGF contracted with the Department of Anesthesiology at the University of Rochester to provide anesthesiologists at medical facilities served by the Department of Anesthesiology. The 2001 Contract was renewed six times by addenda during the fiscal years 2004 through 2009. In September 2007, in the sixth addendum to the 2001 Contract, CGF agreed to provide the Department of Anesthesiology with five anesthesiologists and up to four additional anesthesiologists if requested by the Department of Anesthesiology. The defendant and Bulter fraudulently used the term in the addendum regarding the four additional anesthesiologists to fraudulently cause the Department of Anesthesiology to pay an annual fee to themselves under the terms of a purported option agreement. As a result of the offense, the Department of Anesthesiology at the University of Rochester sustained a loss of $1,460,000.00. Feldman was sentenced to 24 months in prison and ordered to pay $1,460,000.00 in restitution to the Department of Anesthesiology at the University of Rochester and forfeit a number of bank accounts.
United States v. Magness, et al.
A total of over $600,000 was forfeited from defendants Gregory Magness, Eldon Bott, Charles Wright and William Nehill in a case which involved the smuggling of magnesium into the United States from China that was used to produce counter measure flares for the U.S. Department of Defense. The defendants were also ordered to pay restitution totaling $6,246,605 to the U.S. Customs and Border Protection for the loss of duty to the United States. At the time of the importations, the U.S. had a 305.56% antidumping duty in place with respect to magnesium imported from China. In order to avoid the antidumping duty, the defendants falsely mislabeled the magnesium as a magnesium product only subject to a 5% duty, thereby defrauding the United States out of lawful duties. In addition to the over $600,000 forfeited, over $2,000,000 in restitution has already been collected from the defendants towards the restitution.
United States v. Cusimano
Eric Cusimano and other individuals participated in a scheme to commit securities fraud by registering internet websites to tout and promote publically traded stocks of companies with penny stock prices. Cusimano promoted the stocks on his websites and newsletters to boost the stock value and then sell their shares at the highest value. This is known as a “pump and dump” scheme. Cusimano, along with his wife, fled the United States for Panama upon learning of the investigation. The defendant was eventually arrested and brought back to the United States to face charges. Cusimano was convicted of conspiracy and tax evasion and sentenced to 46 months in prison and ordered to pay restitution to the Internal Revenue Service totaling $657,005.00 and a forfeiture money judgment in the sum of $1,218,783.00. In addition, the defendant forfeited an additional $336,522.86 that he had concealed in a number of bank accounts in Belize, various gold and silver jewelry items valued at $42,000.00 that he was found with in Panama, and a 30 foot pontoon boat that was forfeited early on in the investigation.
United States v. Aquilla
Frank Aquila served as the chief negotiator for the Buffalo Educational Support Team ("BEST"), a labor organization comprised of approximately nine hundred (900) City of Buffalo teacher's aides during 2008 collective bargaining negotiations with the City of Buffalo School District. Aquila refused to reach final agreement with the district on a collective bargaining agreement until and unless the district agreed to allow BEST to (1) select its own insurance broker; (2) make commission payments totaling $135,000 per year for four years to an insurance broker selected by BEST; and (3) agreed to make four payments to BEST of $65,000 each for costs and expenses associated with administering health insurance benefits for its members. The defendant failed to disclose to the district or BEST that he would share in commissions paid to the insurance broker selected by BEST, and in payments made to BEST to administer health insurance benefits for its members. Aquila was convicted and required to pay restitution in the amount of $332,500 to the City of Buffalo School District. The defendant also forfeited an additional $33,000 to the government.United States v. Fitzgerald
Charles Darwin Fitzgerald was convicted of possession with intent to distribute various synthetic controlled substances and synthetic controlled substance analogues at both his residence in Rochester and at one of his stores that he owned, the 420 Emporium located in Batavia, NY. The defendant was Fitzgerald was sentenced to 30 months in prison and ordered to forfeit $771,109 in U.S. currency that was seized during the execution of a search warrant at his residence.
United States v. Amedisys
Between 2008 and 2010, certain Amedisys offices improperly billed Medicare for ineligible patients and services. Amedisys allegedly billed Medicare for nursing and therapy services that were medically unnecessary or provided to patients who were not homebound, and otherwise misrepresented patients’ conditions to increase its Medicare payments. These billing violations were the alleged result of management pressure on nurses and therapists to provide care based on the financial benefits to Amedisys, rather than the needs of patients. The settlement was for $150 million dollars. The majority was paid up from and $35 million paid this year.
For further information, the United States Attorneys’ Annual Statistical Reports can be found on the internet at:
http://www.justice.gov/usao/reading_room/foiamanuals.html.\
Canadian Man Sentenced for Conspiring to Use Counterfeit Access DevicesRead 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 Yvgeniy Bandarmaliev, 52, of Toronto, Ontario, Canada, who was convicted of conspiring to possess and use counterfeit access devices with intent to defraud, was sentenced to three months in prison by Senior U.S. District Court Judge William M. Skretny. In addition, the defendant was ordered to pay restitution in the amount of $20,176.27 to the Royal Bank of Canada and $66,795.74 to the Canadian Imperial Bank of Commerce.Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that the defendant was charged as a result of his co-conspirator, Petar Petrov, being arrested on September 2, 2013, as he entered the United States from Canada at the Lewiston Bridge. An alert Customs and Border Patrol officer found 10 counterfeit access devices in Petrov’s car. The devices were gift cards which had been altered by having legitimate credit card numbers imbedded in the magnetic strips on the back of the cards. Agents determined that all 10 cards were counterfeit.
Bandarmaliev and Petrov placed “skimming devices” on ATM’s in Canada to obtain account information. The scheme also involved the use of surreptitiously placed cameras to record the personal identification numbers (PINS) used by customers to transact business on ATM’s in Canada. The account information was then placed on the magnetic strips of various gift cards, creating counterfeit access devices. The defendant also used several counterfeit access devices in the Buffalo area between July and September of 2013 to withdraw money from various Canadian bank accounts.
Petrov was also convicted and sentenced to three months in prison.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.
Buffalo 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 Darryl Bagby, 32, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of ammunition.Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, on November 25, 2015, the Erie County Sheriff’s Department executed a search warrant at the defendant’s residence at 116 Bidwell Parkway in Buffalo. Deputies recovered one round of 7.62 X 39 caliber ammunition and one round of 9mm caliber ammunition, more than $19,000 of cash in United States currency, cocaine, a digital scale and other drug paraphernalia. Further investigation determined that some of the ammunition was manufactured in Russia.
The complaint is the culmination of an investigation by the Erie County Sheriff’s Department, under the direction of Timothy Howard and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Irondequoit 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 Mitchell Ruoff, 22, of Irondequoit, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of a firearm with an obliterated serial number. The charge carries a maximum Penalty of five 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 February 4, 2014, during a pre-arranged meeting, Ruoff sold a .22 caliber revolver to an undercover law enforcement officer for $400.00. The manufacturer’s serial number on the firearm had been ground off, a fact which Ruoff acknowledged during the sale.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
Sentencing is scheduled for March 1, 2016 at 2:00 p.m. before Judge Wolford.
Love and Hip Hop Star Sentenced on Cocaine and Heroin Trafficking Charges; Forfeits Income from Reality Television Show and Other AssetsRead 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 Mendeecees Harris, 37, of the Bronx, NY, who pleaded guilty to conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and 500 grams or more of cocaine, was sentenced to 97 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that Harris participated in a conspiracy to distribute heroin and cocaine from 2005 until August 2012. From at least 2006 through 2008, while still in New York City, Harris participated in the distribution of heroin and cocaine with individuals who transported the drugs to the Rochester area and distributed them.
The defendant, who had been appearing as a cast member of the VH-1 reality television show Love and Hip Hop, New York, agreed to forfeit all of his income from that show. That income amounts, so far, to $170,755.20 in cash. In addition, Harris will forfeit a 2011 Audi R8 vehicle valued at $111,000.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, investigators with the Rochester Police Department, under the direction of Chief Michael Ciminelli, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Evans Man Indicted for Selling Fentanyl That Resulted in A DeathRead 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 one-count indictment charging John Haak, 34, of Evans, NY, with distribution of fentanyl causing death. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a fine of up $1,000,000.
"This case represents another in our ongoing effort to bring the full force of federal law against those drug traffickers who are willingly selling illegal and often deadly commodities," said U.S. Attorney Hochul.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on February 28, 2015, a Hamburg man died of a fentanyl overdose at his home. During the ensuing investigation, officers discovered a cellular telephone that belonged to the decedent. Text messages exchanged between the decedent and the defendant, in conjunction with an autopsy performed by the Erie County Medical Examiner, revealed that the decedent received fentanyl from Haak shortly before his body was discovered. The defendant also sent text messages warning the decedent to be careful with the substance that he sold to him.
Haak is in custody and will be arraigned at a later date before U.S. Magistrate Judge Jeremiah J. McCarthy.
The 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, the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Evans Police Department, under the direction of Chief Ernest P. Masullo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Arrested, Charged with Cocaine 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 Dana Washington, 36, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, crack cocaine. The charge carries a maximum of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in January 2013, the defendant sold a half ounce of crack cocaine to a confidential source (CS) working with the Drug Enforcement Administration near Kensington and Fillmore Avenues in Buffalo. The complaint further states that Washington sold a second quantity of cocaine to the CS in February of 2013 at William Street and Michigan Avenue in Buffalo.
The defendant made an initial appearance today before U.S. Magistrate Judge Hugh B. Scott. He is being detained pending a detention hearing.
The complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Former Carnival Worker Pleads Guilty to Felony Murder for Role in Burglary Which Led to Death of Medina Comic Book Collector; Conviction Brings to A Close First of Its Kind Racketeering ProsectuionRead 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 Albert Parsons, 46, of Rochester, NY, pleaded guilty to committing a violent crime, an assault resulting in serious bodily injury, in aid of a racketeering enterprise, before U.S. District Judge Richard J. Arcara.“Similar to operations of old, the defendants in this case employed various street level criminals to steal,” said U.S. Attorney Hochul. Unlike past criminal organizations, however, Rico Vendetti and his cohorts used the power and anonymity of the internet to thereafter dispose of their ill-gotten gains, in effect creating a high-tech fencing operation in which unwitting purchasers could be located anywhere in the world. As this case – the first of its kind in the District - demonstrates, the federal racketeering laws are more than capable of dismantling both old fashioned, and modern day criminal operations.”
Assistant U.S. Attorney’s Anthony M. Bruce and Scott S. Allen, Jr., who are handling the case, said that in the early morning hours of July 5, 2010 the defendant and co-defendants Donald Griffin and Juan Javier burglarized the Medina, NY home of 78 year old Homer Marciniak. The three men were hired by Rico Vendetti and Arlene Combs to steal Marciniak’s valuable comic book collection. During the course of the burglary, Marciniak, who had a serious heart condition, awoke and confronted the burglars. Griffin struck Marciniak and then, along with Javier, tied him up. Marciniak was also repeatedly threatened by Javier. Parsons, Griffin and Javier ultimately located the comic book collection along with several strong boxes containing cash, coins and other valuables.
After Parsons, Griffin and Javier fled the scene, Marciniak freed himself and was taken to Medina Memorial Hospital for treatment of the facial injuries he suffered when struck by Griffin. However, after Marciniak was treated and released, he suffered a heart attack and died shortly after being re-admitted to the hospital. Medical evidence that the Government was prepared to offer at trial demonstrated 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.
Parsons, Griffin and Javier gave the comic books to Combs who, along with another co-defendant, Terry Stewart, took the comic books to Vendetti later in the day on July 5. However, once Vendetti learned that the burglary resulted in Marciniak’s death, Vendetti disposed of the comic books.
The burglary grew out of an organized shoplifting ring that stole millions of dollars in merchandise from big box stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops and Wegmans. The merchandise was sold to Rico Vendetti for 25¢ on the dollar. The merchandise was then sold by Vendetti on eBay for about half of its retail value, primarily to out-of-state customers.
Parsons is the last of seven defendants to be convicted federally in this case. He will be sentenced on April 1, 2016 at 12:30 p.m. before Judge Arcara.
Donald Griffin will be sentenced on February 3, 2016. Juan Javier, who was 17 at the time of the burglary of Marciniak’s home, was prosecuted as an adult in Orleans County and sentenced to seven years in state prison.
Also convicted in connection with this case:• Rico Vendetti was convicted of racketeering and will be sentenced on January 22, 2016.
• Brandon Meade was convicted of conspiring to traffic in stolen goods across state lines and is scheduled to be sentenced on January 21, 2016.
• 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 and will be sentenced on March 21, 2016.
• Arlene Combs was convicted of racketeering and will be sentenced on February 24, 2016.Today’s plea 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.
Rochester Woman Pleads Guilty to Bank RobberyRead 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 Tiffany Hogan, a.k.a. Michael Hogan, of Rochester, NY, pleaded guilty to robbing the Chase Bank at 2900 Dewey Avenue in Rochester before U.S. District Judge David G. Larimer. The charge carries a maximum possible penalty of 20 years in prison, a fine of $250,000, or both.Assistant U.S. Charles E. Moynihan, who is handling the case, stated that on May 22, 2015, Hogan entered the Chase Bank just after it opened and passed the bank teller a note demanding money. The note also indicated that nobody would be hurt if the teller complied. The teller provided Hogan with a specific amount of United States currency.
The defendant left the bank and entered a white minivan in which co-defendant Maximilion Broadnax was waiting and the two drove away. Hogan and Broadnax were arrested later that day at 17 Second Street in Rochester by Rochester Police officers who were looking for Broadnax in connection with his involvement in stolen vehicles. While taking Broadnax into custody, officers saw that Broadnax’s pants fell down and a large amount of United States currency fell out.
Charges are pending against Maximilion Broadnax. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, as well as the Town of Greece Police Department, under the direction of Chief Patrick Phelan, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for January 19, 2016, at 10:30 a.m. Judge Larimer.Texas Woman Sentenced for Lying on A Passport ApplicationRead 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 Valerie Christine Hedd-Johnson, 46, of Garland, Texas, who was convicted of making a false statement in an application for a U.S. passport, was sentenced to time served (13 months) by Senior U.S. District Judge William M. Skretny.Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant applied for a passport in Buffalo, NY in November 2013. On the application, Johnson indicated that she had never before applied for a U.S. passport. However, in August 2000, the defendant had applied for a passport in Texas. That application was rejected due to indications of fraud.
The sentencing is the result of an investigation by Special Agents from the Department of State, Diplomatic Security Services, under the direction of Special Agent in Charge and the Social Security Administration, Office of the Inspector General, under the direction of Edward J. Ryan, Special Agent in Charge.
Lockport Man Arrested on Drug 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 Joseph Thompson, 58, of Lockport, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin, crack cocaine and fentanyl. The charge carries 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 according to the complaint, the defendant is accused of selling heroin and fentanyl at his residence on Elmwood Avenue in Lockport. A search warrant executed at the residence recovered two digital scales, cash, baggies, as well as heroin, crack cocaine and fentanyl.
The defendant was ordered detained following a detention hearing today before U.S. Magistrate Judge Leslie G. Foschio.
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 Lockport Police Department, under the direction of Chief Lawrence Eggert and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Local Businessman and Associate Indicted on Fraud and Money Laundering ChargesRead 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 19 count indictment charging Frank R. Parlato, Jr., 60, and Chitra Selvaraj, 41, with a conspiracy to defraud the United States and certain members of the public, to obstruct the function of the Internal Revenue Service, wire fraud and wire fraud conspiracy, money laundering, and corrupt interference with the administration of the IRS laws. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorneys Anthony M. Bruce and Elizabeth R. Moellering, who are handling the case, stated that according to the indictment, the defendants stand accused of orchestrating a scheme to defraud the Internal Revenue Service and others. The scheme involved more than 15 shell companies, 50 bank accounts, and multiple attorney trust accounts.
The defendants will be arraigned on November 23, 2015 at 3:30 p.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
The indictment is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Self Proclaimed “Gingerbread Man” Sentenced for Escape from Federal Halfway HouseRead 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 Lamar Nelson, 27, of Rochester, NY, who was convicted of escape, was sentenced to 18 months in prison by U.S. District Court Judge David G. Larimer.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was convicted in federal court in 2010 for possession with intent to distribute crack cocaine. As part of that sentence, the Bureau of Prisons assigned Nelson to the Volunteers of America Residential Reentry Center in Rochester in September of 2014. However, in November 2014, Nelson left the Residential Reentry Center without authorization and failed to return.
While at the Volunteers of America Residential Reentry Center, Nelson was also sanctioned for using drugs, possessing contraband, and failing to follow the Center’s employment release program. In addition to his conviction for narcotics possession, Nelson is also a convicted sex offender, having been convicted in 2007 of raping a 13 year old girl.
The United States Marshal’s Service, along with members of the New York and New Jersey Regional Fugitive Task force began to search for the defendant in and around Rochester. During this time, Nelson exchanged phone calls and emails with the Deputy Marshal in charge of the investigation in which Nelson acknowledged that he was a fugitive, and at one point claimed that he was the “gingerbread man.” Despite this, Nelson was taken into custody without incident by the United States Marshal’s Service on April 30, 2015.
The sentencing is the culmination of an investigation by the United States Marshal’s Service, under the direction of Charles Salina, United States Marshal.
Former Dmv Clerk Sentenced to ProbationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-The United States Attorney’s Office announced today that Michael Anthony Young, 49, of Buffalo, NY, who was convicted of obtaining information from a protected computer, was sentenced to one year probation by U.S. Magistrate Judge H. Kenneth Schroeder, Jr.Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Young, a former employee at the Erie County Department of Motor Vehicles, used his position as a Motor Vehicle Representative to solicit and accept bribes for his assistance in completing paperwork and passing permit examinations. At times, the defendant would provide the correct answers to individuals in advance of the permit test. After the applicant received Young’s assistance, Young would complete paperwork containing false information, including false permit test results, which would then be inputted into the DMV computer systems.
The sentencing is the result of an investigation by Special Agents from the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and Investigators from the New York State Department of Motor Vehicles, Division of Field Investigations.
Buffalo Man Pleads Guilty to Gun Charge Involving A HomicideRead 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 Jose L. Ramirez-Merced, 30, of Buffalo, NY, pleaded guilty to discharge of a firearm in furtherance of drug trafficking which caused the death of a person before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that in June 2012, Merced, co-defendant Alexander Duarte and others sold heroin on the West Side of Buffalo. On July 15, 2012, the group planned a home invasion robbery targeting the residence of heroin dealer Jose Rivera. However, the defendants and others invaded the wrong residence and stole cocaine and cash.
As a result, Jose Rivera began making threats against individuals in the group and attempted to kill one of the individuals known as L.B. In response, the group decided to murder Rivera. On July 31, 2012, Merced, co-defendant Alexander Duarte retrieved a gun and proceeded to a residence on West Avenue in Buffalo where they opened fire, killing Rivera and wounding a female.
"The acts perpetrated in this case demonstrate yet again why we continue to relentlessly pursue drug traffickers and the violence that almost always follows," said U.S. Attorney Hochul.
Charges are pending against Alexander Duarte. 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 Safe Streets Task Force, under the direction Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations.
Sentencing is scheduled for February 24, 2016 at 12:30 p.m. before Judge Arcara.
Suspected Gang Member Charged with Gun and Drug ChargesRead 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 Darmetrius Braggs, 18, of Buffalo, NY, was charged by criminal complaint with possession with intent to distribute marijuana and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of five years, a maximum of life and a $1,000,000 fine.Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, Buffalo Police officers received information that the defendant robbed a Canisius College student at gun point on October 30, 2015 on Blaine Avenue in Buffalo. During the investigation, officers learned that Braggs would be at a party on Freund Avenue in Buffalo on November 7, 2015. Officers obtained an arrest warrant for Braggs charging him with Armed Robbery in the 1st Degree.
On November 7, 2015, officers contacted Braggs by cellular telephone and arranged an undercover purchase of marijuana. The defendant told the officers to meet him near Genesee Street and Freund Avenue in Buffalo to purchase the marijuana. As officers arrived at the location, Braggs fled on foot. Officers located the defendant inside 22 Freund Avenue. Officers also found a cellular telephone and multiple vials of what appeared to be marijuana near the rear entrance of the residence. In addition, officers also recovered a loaded pistol in the back yard of 22 Freund Avenue.
The pistol recovered by officers resembles a firearm the defendant posed with multiple times on social media websites.
The defendant appeared before U.S. Magistrate Judge Jeremiah J. McCarthy this afternoon for a detention hearing. He is being held pending continuation of today’s hearing on November 20, 2015. In moving for detention, the Government presented evidence that Braggs is a suspected member of the OTC (Only the Circle) Gang operating in Buffalo. If anyone has any information regarding this gang, please call police.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Jamaican National Indicted on Drug Trafficking, Bribery, and False Statement ChargesRead 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 five-count indictment charging Damion Christopher Alexander Brown, 40, of Buffalo, NY, with conspiracy to distribute 1,000 kilograms or more of marijuana, possession with intent to distribute, and distribution of 1,000 kilograms or more of marijuana, maintaining dug involved premises, bribery of a public official, and material false statement. The charges carry a minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, over a nine month period between 2012 and 2013, Brown trafficked 1,000 kilograms or more of marijuana. In addition the defendant is accused of maintaining a stash house on East Delavan Avenue in Buffalo and bribing a United States postal carrier for help receiving drug shipments. The indictment further states that Brown made false statements regarding his citizenship.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy. He is being held pending a detention hearing on November 19, 2015, at 2:00 p.m.
The indictment 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 Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the United States Postal Inspection Service, under the direction of Acting Inspector in Charge James Buthorn, the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA, and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Couple Pleads Guilty to Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Alfred Dasilva, 46, of Greece, NY and Sharon Sexton, 45, of Gates, NY, pleaded guilty to production of child pornography before Chief U.S. District Court Judge Frank P. Geraci. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, a $250,000 fine or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the investigation began when a school resource officer employed by the Gates Police Department was informed by a school official that Sexton was taking nude photos of a female student. The ensuing investigation determined that Sexton sent these photos to her boyfriend, Alfred Dasilva. Sexton was interviewed by law enforcement and admitted to both taking the photos and then sending them to Dasilva. She told officers that she took the photos and sent them to Dasilva because he asked her to, and that Dasilva used the naked photos to “fantasize.”Federal investigators examined Dasilva’s cellphone and also located a video of a child performing oral sex on Dasilva. Sexton admitted to being the person who took the video. Several online chats were also recovered from the cellphone in which Sexton and Dasilva graphically discussed engaging in sexual conduct with children.
The defendants were also charged in State Court related to sexual activity with a child and endangering the welfare of a child.
The pleas are the culmination of a joint investigation by the Gates Police Department and the Federal Bureau of Investigation Child Exploitation Task Force consisting of the Monroe County Sheriff’s Office, the Rochester Police Department, the Greece Police Department and Immigration and Customs Enforcement, Homeland Security Investigations.
DaSilva is scheduled to be sentenced on January 7, 2016 at 11:00 a.m., and Sexton is scheduled to be sentenced on February 18, 2016 at 9:30 a.m. both before Judge Geraci. The defendants are being detained pending sentencing.
Buffalo 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 Filip Caruso, 50, of Buffalo, NY, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.Assistant U.S. Attorneys Caleb J. Petzoldt and George C. Burgasser, who are handling the case, stated that on February 25, 2014, a vehicle being driven by the defendant was stopped on South Division St. in the City of Buffalo. As he was being pulled over, Caruso handed a fully loaded .32 caliber revolver to a passenger riding in the car to evade detection. Officers noticed the defendant was wearing a holster which would fit the handgun. Caruso then asked the passenger to lie to a Federal Grand Jury about his possession of the revolver.
The plea comes as jury selection was about to begin in the defendant’s trial.
The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations.
Sentencing is scheduled for February 22, 2016 at 12:30 p.m. before Judge Arcara.
Jamestownman Pleads Guilty to Making False StatementsRead 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 Tyrell Fuqua-Hayes, 38, of Jamestown, NY, pleaded guilty to making false statements and representations to the FBI before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.Assistant U.S. Attorney Tiffany H. Lee, who is handling 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 plea 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.
Sentencing is scheduled for February 16, at 9:30 a.m. before Judge Geraci.
Couple Sentenced in Mortgage Fraud SchemeRead 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 Timothy McCabe, 50, and Theresa Morales, 51, of Boynton, Florida (formerly of Buffalo), who were convicted of bank fraud, were sentenced by U.S. District Judge Richard J. Arcara. McCabe was sentenced to 27 months in prison and Morales was sentenced to two years of supervised release. The husband and wife were also ordered to pay over $1,000,000 in restitution to various banks and mortgage lenders.Assistant U.S. Attorney Kathleen A. Lynch, who handled the case, stated that the defendants executed a scheme to obtain mortgages, re-financing, and home equity credit lines, totaling $2,580,000, from various financial institutions. In furtherance of the scheme, McCabe and Morales put together loan applications, which contained materially false information as to defendant Morales’ employment and income, and as to the couple’s intent to reside at the properties as owner/occupants. The loan applications were then submitted to the financial institutions, either directly by the defendants, or through Nickel City Funding, a Western New York mortgage broker.
Relying on the representations in the loan applications, as well as false verifications provided by defendant McCabe, the financial institutions granted the loans, which totaled $2,580,000. The defendants made only minimal payments on the loans, causing the properties to go into foreclosure, and resulting in a loss to the financial institutions in excess of $1,000,000.
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 and Special Agents of the United States Secret Service , under the direction of Special Agent in Charge C. Todd Laster.
Buffalo Man Pleads Guilty to Tax Fraud SchemeRead 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 Chatmon, 36, of Buffalo, NY, who was convicted of conspiracy to defraud the Internal Revenue Service by making false claims for income tax refunds, was sentenced to 18 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $102,149.00 in restitution to the Internal Revenue Service and $2,939 to the NYS Department of Finance.Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that Chatmon gathered biographical information from more than a dozen individuals which he then used to generate false W-2 forms. The individuals then used the forms to file false Federal and New York State income tax returns. Claims for refunds and credits were made on 17 tax returns, even though the persons filing the returns were not entitled to any refunds.
Proceeds totaling $105,088 were divided between Chatmon and the tax-return filers during the scheme, which took place between January 2010 and April 2013. The total attempted loss figure exceeds $120,000, as some of the false returns did not result in refunds.
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.
Orchard Park Man Sentenced for Health Care 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 Gary Wannemacher, 50, of Orchard Park, NY, who was convicted of health care fraud, was sentenced to three years probation and 100 hours community by U.S. District Court Judge Elizabeth A. Wolford. In addition, the defendant was ordered to pay $57,373.86 in restitution to Independent Health and BlueCross BlueShield of Western New York.“Fraud such as this hurts policy holders and indeed all taxpayers who in the long run who must absorb increased costs to account for such crime,” said U.S. Attorney Hochul. “Our Office will continue to work hand in hand with our law enforcement to vigorously investigate and prosecute such crimes.”
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated the defendant is the owner of Spring Creek Athletic Club in Springville, NY. Between January 2009 and December 31, 2012, Wannemacher submitted fraudulent claims to private health insurance companies for reimbursement of health programs offered at the athletic club that were not actually attended by the beneficiaries listed in the claims.
For instance, as part of the Silver Sneakers program, members of certain insurance companies could attend programs at the athletic club for no charge. When members attended, the athletic club was allowed to submit a claim for reimbursement to the insurance companies. The defendant submitted claims for reimbursement for programs not actually attended by members including claims for individuals who were out of town on the date of the claim form or who had recently had major surgery and did not attend the gym following the surgery. Wannemacher also submitted claims for reimbursement for programs supposedly attended by two individuals after the dates of their deaths.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation’s Western New York Health Care Fraud Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the New York State Attorney General’s Office–Medicaid Fraud Control Unit, New York State Department of Financial Services, U.S. Department of Health and Human Services–Office of Inspector General–Office of Investigations, U.S. Department of Labor-Office of Inspector General, U.S. Department of Veterans Affairs, and U.S. Food and Drug Administration.
Jamestown Man Sentenced on Drug ChargesRead 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 Ismael Burgos, 53, Jamestown, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Caleb J. Petzoldt, who handled the case, stated that on January 27, 2015, the defendant attempted to receive a package from Puerto Rico via U.S. Mail. The package was deemed to be suspicious and investigators determined that it contained a quantity of cocaine. The cocaine was secreted inside a child’s booster safety seat.
The sentencing is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Cuban National Pleads Guilty to 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, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison and a fine of $1,000,000.Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling 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 and Rios have been convicted, charges are pending against Chartrand and Milian. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s plea is the 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.
Sentencing is scheduled for February 18, 2015 at 12:30 p.m. before Judge Arcara.
Business Owner Indicted on Tax 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 a federal grand jury has returned a three count indictment charging David B. Schmitt, 63, of North Tonawanda, NY, with tax evasion and obstructing the administration of the Internal Revenue Service laws. The charges carry a maximum penalty of five years in prison and a $100,000 fine.Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the indictment, the defendant owned and operated two different delivery businesses known as Three Kids Trucking Inc., and 1553 Harlem Road Inc. Between April 2007 and June 2013, while Schmitt owned and operated these businesses, he willfully attempted to evade and defeat the payment of a large part of the federal employment taxes owed by the two businesses in an amount exceeding $500,000. The defendant did so by, among other things, filing false forms with the IRS, having nominees open bank accounts to conduct business for the corporations and created a fraudulent trust for one of the corporations.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. Schmitt was released and is due back in court on November 20, 2015.
The indictment is the result of an investigation by 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.