Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Pleads Guilty to 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 Isaiah Brown, 28, of Buffalo, NY, pleaded guilty to bank robbery, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on July 9, 2015, Brown entered the First Niagara Bank at 2853 Delaware Avenue in Kenmore, NY wearing a brown wig. The defendant passed a note to the teller demanding money and threatening that he had a gun. Brown made off with a specific amount of money.
As part of his plea agreement, the defendant also admitted that on July 3, 2015, he robbed the First Niagara Bank at 1726 Hertel Avenue in Buffalo using the same method.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen
Sentencing is scheduled for February 23, 2016, at 10:00 a.m. before Judge Wolford.
11 Individuals, Including A Nurse Practitioner, Indicted on Charges of Illegally Selling FentanylRead 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 21 count indictment charging 11 defendants with conspiracy to distribute and obtain through fraud controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.Under indictment are:
• Jennifer Courton, 28, of Buffalo, NY
• Calvin Elston, Jr., 38, of Buffalo, NY
• Brandon M. Coburn, 32, of West Seneca, NY
• John Davis, 42, of Buffalo, NY
• Rodney Courton, 46, of Buffalo, NY
• Jessica Howard, 23, of Buffalo, NY
• Samuel Nappo, 36, of Buffalo, NY
• Tashaira Vazquez, 29, of Buffalo, NY
• Terrance Williams, 44, of Buffalo, NY
• Johanna Sanchez Rodriquez, 40, Buffalo, NY
• Louis Diaz, 49, of Buffalo, NYSome of the defendants are also charged with obtaining controlled substances through fraud, distribution of fentanyl, oxymorphone, and oxycodone, and maintaining a premises for the distribution of drugs.
“Both the country and this area are in the midst of an epidemic related to the use and abuse of opiate-based drugs,” said U.S. Attorney Hochul. “While this scourge will only end with the continuing assistance of the public, law enforcement stands ready to do its part through the vigorous enforcement of the laws. As this case demonstrates, a person’s status as a licensed medical prescriber will not protect them from prosecution where the situation warrants.”
Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, between December 2013 and April 2015, Coburn, a licensed nurse practitioner, provided fraudulent Fentanyl prescriptions to the defendants. As a nurse practitioner, Coburn can legally prescribe controlled substances. These prescriptions however were filled by the defendants and sold on the street in the Buffalo area and were not used for a legitimate medical purposes. In some instances, they paid other individuals $50 to fill the prescriptions for them.Coburn, who is not currently employed as a nurse practitioner in the Western District of New York, previously surrendered his medical license in the State of Arizona for improper professional practice and misconduct.
10 of the defendants have been arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. Defendants Williams and Rodney Courton are being held pending detentions hearings. Jennifer Courton will be arraigned at a later date.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
10th Street Gang Member Sentenced for RacketeeringRead 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 Sam Thurmond, 27, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy), was sentenced to 210 months in prison by U.S. District Court Judge Richard J. Arcara.“This case – which includes the murder of two innocent civilians - is a perfect example of why our Office continues to target violent street gangs,” U.S. Attorney Hochul stated. “With the continuing assistance of the public, there is no doubt we can one day rid this area of these predators.”
Assistant U.S. Attorney Joseph M. Tripi, who handling the case, stated that between 2000 and 2011, Thurmond was a member of the 10th Street Gang. As a part of his involvement in the gang, the defendant participated in the murders of Brandon MacDonald and Darinell Young who were shot and killed on April 17, 2006.On April 16, 2006, rival 7th Street Gang members were believed to have shot a 10th Street Gang member. In response, Thurmond and other 10th Street Gang members planned to retaliate. On April 17, the defendant and others obtained firearms including several shotguns, a .22 caliber rifle, a .44 caliber handgun, and a .380 caliber handgun. The defendant and other 10th Street Gang members and associates then went to the area around 155 Pennsylvania Street where they believed rival 7th Street Gang members involved in the shooting were located. The 10th Street Gang members and associates, including Thurmond, began shooting at the individuals sitting on the porch, and standing near 155 Pennsylvania Street. Brandon MacDonald and Darinell Young, who were not members of the 7th Street Gang, were both shot, and both died as a result of injuries sustained during the shooting.
Thurmond is one of 44 10th Street Gang members or associate convicted in connection with the investigation.
The sentencing is the culmination of an investigation on the part of Investigators of the New York State Police under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commission Daniel Derenda, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
Texas Man Charged with Wire Fraud and Money LaunderingRead 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 Bradley Boyd, 43, of Rhome, Texas, was charged by criminal complaint with wire fraud and money laundering. The charges carry a maximum penalty of 20 years in prison and a $500,000 fine.Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Boyd was president of River Cities Sawing (RCS), a concrete business involved in highway infrastructure projects. RCS entered into a factoring arrangement with a New York financing company, Durham Funding.
Boyd caused RCS to prepare and submit to Durham Funding approximately 60 fraudulent invoices totaling $1,500,000. Based on the fraudulent invoices, the financing company sent RCS approximately $970,000 between March 1, 2011 and July 1, 2011. The defendant used the money to make payments on loans, pay RCS expenses and pay personal expenses.
Boyd made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released on conditions. He is due back in court on February 3, 2016, at 9:00 am.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and 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.
Buffalo Woman Sentenced for Oxycodone SalesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michelle S. Kidd, 39, of Buffalo, New York, who was convicted of oxycodone distribution, was sentenced to one year and one day imprisonment by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on four dates between August 2014 and January 2015, Kidd sold a total of $6,000 worth of oxycodone pills to an individual at Kidd’s Buffalo residence. Oxycodone, along with other opiod and opiate-type drugs, has been responsible for an alarming increase in overdose deaths in this area. United States Attorney Hochul, along with public health officials, have described these fatalities as an epidemic.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
Former Attorney Indicted in Ponzi SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned an indictment charging James A. MacCallum, 44, of Bemus Point, NY, with mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the indictment, between January 2008 and December 2010, the defendant, a practicing attorney at the time, devised a scheme to defraud investors out of approximately $3,400,000. As part of the scheme, MacCallum encouraged some victims to liquidate other investments in order to benefit from his false and fraudulent higher rates of return. The defendant claimed that his investments were secured by real estate and life insurance policies. However, the investigation determined that the defendant was using victim investments to pay back earlier investors and also personal and other expenses such as personal travel and office expenses. According to the indictment, MacCallum received approximately $3,423,737.00 from victim investors.
The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on bond.
The indictment is the result of/culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Chautauqua County District Attorney’s Office, under the direction of David Foley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
California Man Indictment on Drug and Money Laundering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a two count indictment charging Jose Manuel Lua-Guizar, 25, of California, with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and money laundering conspiracy. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorneys Michael J. Adler and Timothy C. Lynch, who are handling the case, stated that according to the indictment, between February 2014 and December 10, 2014, the defendant conspired with others to distribute cocaine in the Buffalo area. In addition, between April 2014 and December 10, 2014, Lua-Guizar conspired with others to funnel the proceeds of the drug trafficking activity from Buffalo to California. The indictment alleges that the defendant and co-conspirators funneled a total of $1,049,270.00.
Lua-Guizar will be arraigned at a later date.
The indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge. Additional assistance was provided by ICE-HSI in Los Angeles, California.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Buffalo Man Pleads Guilty to Distributing OxymorphoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Vincent Sawicki, 63, of Buffalo, NY, pleaded guilty to distribution of oxymorphone, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on April 11, 2011, the defendant sold 40 Opana tablets to an undercover officer at 2175 South Park Avenue in Buffalo. On one occasion the previous month, the defendant sold 70 oxycodone tablets to an individual at the defendant’s residence.
The plea is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
Sentencing is scheduled for February 16, 2016, at 1:00 p.m. before Judge Arcara.
Rochester Man Sentenced for Filing False ReturnRead 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 that today Anselmo Barilla, 48, of Rochester, NY, who was convicted of filing a false tax return with the Internal Revenue Service, was sentenced to two years probation and ordered to pay restitution in the amount of $56,152 by U.S. District Court Judge Charles J. Siragusa.Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant was self-employed as a mason in Rochester. For the tax years 2007 and 2008, Barilla underreported the amount of income he had received from his mason business. The total amount of unreported income was $171,364, resulting in the failure to pay federal taxes in the amount of $56,152.
The sentencing is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Timothy W. Marlnee, 58, of Buffalo, NY, who was convicted of possession of child pornography following a previous state conviction, was sentenced to 200 months in prison and 10 years of supervised release by U.S. Senior District Judge Richard J. Arcara.Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on November 13, 2013, law enforcement officers searched the defendant’s residence on Chippewa St. in Buffalo. Officers recovered a laptop computer being used by Marlnee. A subsequent forensic examination determined that the computer contained 952 images of child pornography. Some of the images depicted children under the age of 12 years old. Some of the images also contained depictions of violence.
Marlnee is a registered sex offender as a result of state convictions in 1985 and 1993 for statutory rape.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, which includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.Buffalo Brothers Sentenced for Food Stamp FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Bandar Alsaidi, 28, and his brother, Talal Alsaidi, 31, both of Buffalo, who were convicted of unauthorized use of food stamp benefits, were sentenced by U.S. District Judge Richard J. Arcara. Bandar Alsaidi was sentenced to 12 months in prison. Talal Alsaidi was sentenced to two years of probation with five months of home detention. Both defendants were ordered to make restitution to the U.S. Department of Agriculture (USDA) in the amount of $147,658.28 for a total of 295,316.56.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the Alsaidi brothers participated in the operation of the business known as Big Boys Food Market located at 1129 East Ferry Street in Buffalo. On November 18, 2011, Bandar Alsaidi signed an application to accept food stamps as the sole proprietor of Big Boys. The application was authorized on January 18, 2012. With this approval, retailers are prohibited from exchanging cash for food stamps.
Between April 2012 and May 2013, the defendants, and others, knowingly purchased food stamp benefits for less than their full value for cash from eligible beneficiaries. The defendants, and others, engaged in approximately $671,174 of legitimate and illegitimate transactions for the time period in question. Of this total value, each defendant knew that approximately $147,658.28 of their acquisition or possession of food stamp benefits was unauthorized.
The sentencing is the result of an investigation by the USDA, Office of Inspector General under the direction of Special Agent in Charge William G. Squires Jr. and Immigration and Customs Enforcement, Homeland Security Investigation, under the direction of Special Agent in Charge James C. Spero.
Amherst Company Pleads Guilty to Criminal ContemptRead 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 Acquest Transit, LLC, based in Amherst, NY, pleaded guilty to criminal contempt, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum sentence of a fine of $500,000 and five years probation.Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Acquest Transit, LLC, was established to purchase an approximately 97-acre piece of property at 10880 Transit Road in Amherst. William L. Huntress served as the sole member and manager of Acquest Transit, LLC. On January 20, 2006, the defendant purchased the site for $425,000.
In 2009, the Department of Justice instituted a civil proceeding alleging that the site purchased by Acquest contained federally protected wetlands. The civil action further alleged that the company was engaging in prohibited filling of the wetlands.
On July 15, 2009, Judge Skretny issued a preliminary injunction ordering the defendant not to place additional fill or perform any additional earthmoving work at the site. On May 25, 2010, a farmer, acting on behalf of the defendant, performed mechanized activities on the site with agricultural equipment. These actions were a violation of Judge Skretny’s order, and the defendant acted willfully in violating the order.
The plea is the culmination of an investigation by the Environmental Protection Agency under the direction of Special Agent in Charge, Vernesa Jones-Allen.
Sentencing is scheduled for March 9, 2016 at 10:00 a.m. before Judge Skretny.
Buffalo Man Sentenced for Selling Deadly Heroin Cocktail That Resulted in the Death of A Local ManRead 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 Peter N. Militello, 34, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of fentanyl and heroin, was sentenced to 360 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.“Today’s sentencing concludes the first ever prosecution of a drug dealer who killed his customer with his illegal product,” said U.S. Attorney Hochul. “Successfully tackling the deadly opiate epidemic that is sweeping across our community will take many working together. As was also shown by our prosecution of a medical doctor this week, our Office intends to do its part."
DEA Special Agent in Charge James J. Hunt stated, “Law enforcement can’t change the fact that heroin and fentanyl use leads to overdose deaths; deaths of people whose lives were cut too short. However, this prosecution hopefully brings some closure to their loved ones and causes others who distribute fentanyl-laced heroin not to make the same choices that Peter Militello made.”
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between January 25, 2010 and June 6, 2013, the defendant sold heroin on several occasions in the City of Buffalo. On May 23, 2013, Militello sold a heroin and fentanyl mixture to an individual residing in Buffalo. Several hours later, the man was found dead in his residence by a family member. An autopsy performed on the man found that he died as a result of acute intoxication from the heroin and fentanyl mixture.
The sentencing is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Clarence Physician Pleads Guilty to Distributing Controlled SubstancesRead 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 Matthew Bennett, 49, of Clarence, NY, who was convicted of unlawfully distributing and dispensing oxycodone, a controlled substance, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara. The defendant has also surrendered his medical license and forfeited $19,000 in United States currency.“Through his greed, this defendant betrayed not only his profession but those patients who put their trust in him,” said U.S. Attorney Hochul. “While the vast majority of physicians act with care, our Office will not hesitate to bring to justice those whose irresponsible actions can have deadly consequences, particularly with opiate overdoses being one of the leading causes of death in our region and country.”
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on seven occasions between May and July 2012, Bennett issued prescriptions for controlled substances to undercover law enforcement officers without a proper medical examination and outside the norms of professional medical treatment. In addition, on several occasions, Bennett gave prescriptions to the undercover officers in exchange for items such as paper products and a gas grill.
Some of the prescriptions were written at the defendant’s office at 624 River Road in North Tonawanda but physical examinations were never performed. Other prescriptions were dispensed at Bennett’s home on Hunting Valley Road in Clarence.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Niagara County Drug Task Force, under the direction of Sheriff James Voutour, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the West Seneca Police Department, under the direction of Chief Daniel Denz, and the New York State Attorney Generals Medicaid Fraud Control Unit, under the direction of Chief Upstate Investigator Upstate William Falk.
Buffalo 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 that Christopher Gorzynski, 26, of Buffalo, NY, who was convicted of obtaining and possessing a controlled substance by fraud, was sentenced to 24 months probation by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on October 3, 2013, the defendant, while working with the Drug Enforcement Administration, purchased prescription narcotics from a co-defendant who was working as a nurse in a local health care facility. After making the purchase, Gorzynski handed over a quantity of hydrocodone tablets to DEA agents stating that was the total purchase. Agents then searched the defendant and discovered 11 fentanyl patches hidden in Gorzynski’s shorts and in the sole of his shoes.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Office, the Lackawanna Police Department, under the direction of Chief James Michel, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Farmer Sentenced for Poisoning Bald EaglesRead 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 Kirk Canfield, 54, of Wilson, NY, who was convicted of a violation of violation of the Bald and Gold Eagle Protection Act, was sentenced to six months probation and a $1,000 criminal fine by U.S. Magistrate Judge Hugh B. Scott. The defendant was also ordered to pay $3,000 in restitution to the New York State Department of Environmental Conservation, Bald Eagle Program.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant operated a produce farm in the Town of Wilson. In August 2014, Canfield placed a meat pile that had been mixed with Golden Malrin fly bait at the edge of a cornfield on his farm in an attempt to kill coyotes. The fly bait contained Methomyl, which is an insecticide that is not to be used in a manner in which animals can eat it.
Three juvenile bald eagles died after eating the contaminated meat pile, and on August 22, 2014, the three dead bald eagles were found and photographed in the immediate vicinity of the contaminated meat pile by an individual riding an ATV. Subsequently, Canfield removed the three dead bald eagles from the field and removed the contaminated meat pile. By placing the contaminated meat pile on his field, the defendant acted with wanton disregard for the consequences of his act.
As part of the sentence in this case, Canfield has been ordered to pay restitution to the New York State Department of Environmental Conservation (NYS-DEC), Bald Eagle Program. The program is responsible for returning bald eagles to New York State and establishing a successful agenda to restore and protect New York State’s bald eagles. In the early 1900’s, New York State was home to more than 70 nesting pairs of bald eagles, and was a wintering ground for several hundred more. However, by 1960, New York State had only one known active bald eagle nest remaining. Beginning in 1976, and continuing until 1988, the NYS-DEC Bald Eagle Program collected 198 nestling bald eagles from other parts of the United States, brought them to New York State, and then hand-reared them to independence. Today, there are more than 170 nesting pairs of bald eagles in the state.
The sentencing is the result of an investigation by Special Agents of the U.S. Fish & Wildlife Service, under the direction of Special Agent in Charge Honora Gordon and Environmental Conservation Officers with the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.Cheektowaga Man Pleads Guilty to ExtortionRead 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 Eric Battistoni, 72, of Cheektowaga, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to use and using extortionate means to collect an extension of credit. The charges each carry a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that Battistoni was hired by his co-defendant, Thi Nguyen, to help Nguyen collect a $24,000 bookmaking debt. The debt belonged to an individual who placed bets with Nguyen during the 2012 NFL season. During the course of several meetings with Nguyen’s bookmaking customer in April and May of 2013, Battistoni threatened to harm the customer if the customer failed to make timely payments on the $24,000 debt.
Nguyen has been convicted and will be sentenced on December 4, 2015.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.
Sentencing is scheduled for February 16, 2106 at 1:00 pm before Judge Arcara
Buffalo Man Convicted of Conspiracy to Distribute Crack CocaineRead 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 Tommy Eugene Clark, aka Boo, 28, of Buffalo NY, who was convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine, was sentenced to 58 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that the charge stems from an investigation into the trafficking of cocaine base and cocaine from the Cleveland, Ohio area into Western New York, and the distribution of those drugs in North Tonawanda, Niagara Falls, Lockport, and Buffalo.
Co-defendants Nathaniel Clark and Raysean Clark have been convicted and are awaiting sentencing. Co-defendant Kayla Combs was sentenced to 30 months in prison.
The sentencing is the culmination of an investigation on the part of Task Force Agents and Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, in conjunction with the Niagara County Sheriff's Department and Niagara County Drug Task Force, under the direction of Sheriff James Voutour, and the North Tonawanda Police Department, under the direction of Chief William Hall.
Postal Service Employee Arrested, Charged with Stealing from MailsRead 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 Sheila Fullmer, 60, of Caledonia, NY, was arrested and charged by criminal complaint with theft of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Fullmer was employed as a mail clerk at the Rochester Processing and Distribution Center, assigned to the manual mail sorting area. On October 20 and 21, law enforcement agents observed the defendant stealing gift cards and other items. Fullmer was also seen using a gift card that had been reported missing by its sender.
Fullmer made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released pending further proceedings on December 7, 2015, at 9:00 am.
The criminal complaint is the result of an investigation by Special Agents of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area 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.
Man Pleads Guilty in Connection with Murder in Chautauqua CountyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today Charles Sanford, 31, pleaded guilty to being a felon in possession of a firearm before Senior U.S. District Judge William M. Skretny. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000, or both.
"This case began with senseless and cowardly actions which took the life of one who gave so much to our community,” said U.S. Attorney Hochul. “With today's conviction, both defendants responsible for this conduct will now face a very long time in prison. While we unfortunately cannot bring back a woman whose life was dedicated to bringing beauty to the world through music, at the very least we can say we utilized our justice system as a form of deep respect and appreciation for Mary's life.”
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that Sanford and co-defendant Jonathan Conklin robbed Mary Whitaker inside her Sherman, NY home on August 20, 2014. At the time, Sanford and Conklin had been living outdoors for several days after a friend drove them from Erie, Pennsylvania to the Sherman, NY area.
At approximately 7:30 a.m., the two men, armed with weapons including a knife and a .22 caliber rifle, approached the victim’s home and Sanford rang the doorbell. Mary Whitaker answered the door and Sanford asked to use her phone, claiming that his car had run out of gas. Whitaker went into the house to get her cell phone for Sanford to use. When she returned, she gave the cell phone to Sanford who proceeded to use it. As Sanford did, Conklin came up from behind and told Whitaker this was a robbery. After she screamed, Conklin shot and killed her with the .22 caliber rifle.
Conklin and Sanford then stole the victim’s vehicle and drove it to Erie, Pennsylvania where they were arrested on August 22, 2014.
Jonathan Conklin has been convicted of carjacking and is scheduled to be sentenced on March 9, 2016. Charles Sanford will be sentenced on March 9, 2016 at 3:00 p.m.
The plea is the culmination of an investigation on the part of the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Chautauqua County District Attorney’s Office, under the direction of District Attorney David W. Foley, the Federal Bureau of Investigation, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.Lakewood Man Sentenced for Operating A Marijuana Grow OperationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Donald Rupert, 59, of Lakewood, NY, who was convicted of manufacturing 100 or more marijuana plants, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to forfeit $75,000.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on January 5, 2011, members of the Lakewood Busti Police Department responded to Rupert’s Baker Street Extension residence to check on the welfare of his elderly mother. During the welfare check, the police chief detected an odor of marijuana. During the subsequent execution of a search warrant, officers recovered 227 marijuana plants and $7,000 in cash.
The sentencing is the culmination of an investigation by the Lakewood Busti Police Department, under the direction of Chief John R. Bentley, Jr., the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace, the Southern Tier Regional Drug Task Force, under the direction of Lieutenant David Bentley, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Jamestown Man Sentenced for Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alvin Vazquez Rojas, 23, of Jamestown, NY, who was convicted of production of child pornography, was sentenced to 15 years in prison and 10 years of supervised release by U.S. Senior District Judge William M. Skretny.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between December 2012 and May 2013, the defendant took sexually graphic photographs of a seven year old minor while the minor was asleep. Vazquez Rojas then stored the images on a laptop computer. In addition to those images, the defendant also possessed 52 image and 152 video files of child pornography that were downloaded from the internet.
The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Former Niagara Falls Businessman Pleads Guilty to Bank FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Timothy DePetris, 46, of Niagara Falls, NY, pleaded guilty to bank fraud before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that the defendant, as owner of Electro-Dyn Choke Corporation in Niagara Falls, caused payroll checks to be issued to him and another individual and negotiated the payroll checks even though he knew there were insufficient funds in corporation’s account at M&T Bank to cover the checks. As a result of the defendant’s conduct, M&T Bank suffered a loss of approximately $177,500.
The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
Sentencing is scheduled for March 10, 2016 at 11:00 a.m. before Judge Skretny.
Former Hilton Middle School Teacher Pleads Guilty to Attempted Enticement of A MinorRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Charles Kane, 46, of Spencerport, NY, pleaded guilty to attempted online enticement of minor before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a mandatory minimum sentence of 10 years in prison and a maximum of life, a fine of up to
$250,000, or both.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant, a middle school teacher in the Hilton School District, was arrested April 2, 2015 as he attempted to meet with a person he thought was a 14 year old girl.
The investigation determined that in October 2014, the defendant posted an ad on Craigslist which read “daddy/daughter. Love younger women.” A federal law enforcement officer, working in an undercover capacity, posed as the father of a young daughter and conversed with Kane online for the next several months. During these conversations, Kane discussed traveling to meet the undercover and engaging in sexual activity with the undercover’s ten year old daughter.
On January 26, 2015, another undercover officer noticed a different sexually explicit ad on Craigslist which was traced back, once again, to the defendant. The officer responded to the ad in the persona of a 14 year old girl. Kane responded that he was “down with it.” The defendant asked the girl where she lived and said he wanted to meet her. The two remained in contact through March of 2015. During online chats, Kane sent the undercover officer photos of himself, including one he took in the men’s room at the Middle School where he taught, and repeatedly asked for photos of the 14 year old girl. Also during the chats, the defendant repeatedly discussed engaging in sexually explicit activity with the child and traveling to and meeting with the child for sexual purposes. One message read “I could get a room and I could sneak you there.” Kane acknowledged that he could get in “big trouble” and told the girl “this is between you and me.”
Following repeated requests, the girl agreed to meet the defendant at a theatre in Webster on April 2, 2015. The defendant was observed entering a pharmacy just before meeting with the undercover, where they learned that Kane purchased a box of condoms. Kane was arrested as soon as he pulled up to the theatre parking lot. He has been in federal custody since his arrest, and was held following a detention hearing last month.
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 Investigation Child Exploitation Task Force, under the direction of Adam S. Cohen. The task force includes the Buffalo Police Department, Cheektowaga Police Department, Niagara County Sheriff’s Office, Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
Sentencing is scheduled for January 26, 2016 at 2:00 p.m. before Judge Wolford.
Rochester Man Pleads Guilty to Threatening President ObamaRead 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 Brandon Correa, 31, of Rochester, NY, pleaded guilty to making a threat against the president of the United States before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison, a fine of up to $250,000, or both.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant posted online threats to kill President Obama in June 2014. Specifically, Correa posted a message on Twitter directed to President Barack Obama in which the defendant wrote “Im coming to watch you die.” The defendant was interviewed shortly after posting the threats and told a Secret Service Agent that the President was “evil” and that he had to “die.”
Correa was released from custody following the threat and was ordered not to have any contact with the President as a condition of his release. However, in August of 2014, the defendant again posted online threats directed against the President and others. Specifically, Correa posted messages on Facebook and Twitter directed to President Obama in which he wrote “GET READY to DIE Barack Obama.”
The plea is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, C. Todd Laster, and Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins.
Sentencing is scheduled for December 21, 2015 at 10:00 a.m. before Judge Wolford.
Niagara Falls Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Jeremy Scouten, 37, of Niagara Falls, NY, pleaded guilty to possession of child pornography before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.Assistant U.S. Attorneys Stephanie Lamarque and Kathleen A. Lynch, who are handling the case, stated that on August 6, 2012, law enforcement officers executed a search warrant at the 2502 Falls Street residence of the defendant. Officers recovered a computer being used by Scouten. A subsequent forensic examination determined that the computer contained approximately 200 images and 17 videos of child pornography. Some of the images included children under the age of 12 years old depictions of violence.
The plea 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.
Sentencing is scheduled for March 9, 2016 before Judge Skretny.
Man Pleads Guilty in Connection with Murder in Chautauqua CountyRead 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 Jonathan Conklin, 44, pleaded guilty to carjacking before Senior U.S. District Judge William M. Skretny. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that Conklin and co-defendant Charles Sanford robbed Mary Whitaker inside her Sherman, NY home on August 20, 2014. The two men approached the victim’s home and Sanford rang the doorbell. Soon after Whitaker answered the door, Conklin shot and killed her. Conklin and Sanford then stole her vehicle and drove it to Erie, Pennsylvania where they were arrested on August 22, 2014.
Charges are still pending against Charles Sanford. The fact Sanford 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 the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Chautauqua County District Attorney’s Office, under the direction of District Attorney David W. Foley, the Federal Bureau of Investigation, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.
Sentencing is scheduled for March 9, 2016 at 9:00 a.m. before Judge Skretny.
Former Hilton Middle School Teacher Pleads Guilty to Attempted Enticement of A 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 Charles Kane, 46, of Spencerport, NY, pleaded guilty to attempted online enticement of minor before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a mandatory minimum sentence of 10 years in prison and a maximum of life, a fine of up to $250,000, or both.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant, a middle school teacher in the Hilton School District, was arrested April 2, 2015 as he attempted to meet with a person he thought was a 14 year old girl.
The investigation determined that in October 2014, the defendant posted an ad on Craigslist which read “daddy/daughter. Love younger women.” A federal law enforcement officer, working in an undercover capacity, posed as the father of a young daughter and conversed with Kane online for the next several months. During these conversations, Kane discussed traveling to meet the undercover and engaging in sexual activity with the undercover’s ten year old daughter.
On January 26, 2015, another undercover officer noticed a different sexually explicit ad on Craigslist which was traced back, once again, to the defendant. The officer responded to the ad in the persona of a 14 year old girl. Kane responded that he was “down with it.” The defendant asked the girl where she lived and said he wanted to meet her. The two remained in contact through March of 2015. During online chats, Kane sent the undercover officer photos of himself, including one he took in the men’s room at the Middle School where he taught, and repeatedly asked for photos of the 14 year old girl. Also during the chats, the defendant repeatedly discussed engaging in sexually explicit activity with the child and traveling to and meeting with the child for sexual purposes. One message read “I could get a room and I could sneak you there.” Kane acknowledged that he could get in “big trouble” and told the girl “this is between you and me.”
Following repeated requests, the girl agreed to meet the defendant at a theatre in Webster on April 2, 2015. The defendant was observed entering a pharmacy just before meeting with the undercover, where they learned that Kane purchased a box of condoms. Kane was arrested as soon as he pulled up to the theatre parking lot. He has been in federal custody since his arrest, and was held following a detention hearing last month.
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 Investigation Child Exploitation Task Force, under the direction of Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations..
Sentencing is scheduled for January 26, 2016 at 2:00 p.m. before Judge Wolford.
Buffalo Woman Pleads Guilty to Conspiracy to Distribute FentanylRead 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 Sherylrica Quisenberry, 33, of Buffalo, NY, pleaded guilty to conspiracy to distribute fentanyl before Senior U.S. District Judge William M. Skretny. 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 between May 7, 2013 and September 26, 2013, the defendant conspired with co-defendant Fannie Long to distribute controlled substances. Specifically, while Long was incarcerated on other charges, Quisenberry filled a fentanyl prescription for Long and then sold the fentanyl patches at Long’s direction to a third party. Subsequently, while Long was still in custody, Quisenberry made a medical appointment for Long so that upon Long’s release she would be able to obtain more fentanyl patches to sell.
On other occasions Quisenberry sold hydrocodone pills, alprazolam pills, methodone pills, and crack cocaine to other individuals.
Long was previously convicted and sentenced to 96 months in prison for her role in the conspiracy.
This plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Sentencing is scheduled for March 30, 2016 at 2:00 p.m. before Judge Skretny.Buffalo Man Sentenced 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 Leroy Weston, 42, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine, was sentenced to 10 years in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that between January and December 2011, the defendant sold crack cocaine on multiple occasions to a confidential informant working for the Drug Enforcement Administration (DEA). On December 1, 2011, Weston sold crack cocaine to a confidential source working with the Federal Bureau of Investigation (FBI).
The sentencing is the result of separate investigations by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
Buffalo Man Arrested, Charged by Complaint with Bank RobberyRead 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 Casey Swain, 37, of Buffalo, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorneys Caleb Petzoldt and Brendan T. Cullinane, who are handling the case, stated that according to the complaint, on April 24, 2015, the First Niagara Bank on Clinton Street in Buffalo was robbed in what is believed to be the first of 13 connected bank robberies. The robberies involved the robber passing similar notes which demanded that the money provided contain no bank security devices and instructed the victims not to make any eye contact or sudden movement or things would turn bad. The complaint states that Swain became a suspect relatively early on.
On June 5, 2015, an individual entered the first Niagara Bank on Abbott Road in Buffalo, approached a teller and passed a note which essentially stated large bills only, no eye contact, no dye pack, no sudden movements. According to the complaint, investigators identified Swain as the individual in bank surveillance photos.
“Our Office takes very seriously these crimes that can terrorize members of the public and employees working at local businesses,” said U.S. Attorney Hochul. “We will continue to work with our law enforcement partners to aggressively prosecute such defendants.”
Swain made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder. He is being held.
The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of 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.
Rochester Woman Arrested on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Tatiana Starling, 19, of Rochester, NY, was arrested and charged by criminal complaint in connection with her knowing and unlawful possession of a firearm which had been stolen from a residence at 1070 Lake Avenue in Rochester. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that according to the complaint, on July 29, 2015, Starling was the get-away driver after her boyfriend, Johnny Blackshell, along with Ramel Robinson, unlawfully entered the residence at 1070 Lake Avenue and stole a gun safe containing three firearms and numerous rounds of ammunition. The defendant is also accused of driving the men to another location to dispose of the safe after the firearms were removed.
The stolen firearms included an AK-47, a .40 caliber carbine rifle and a 12 gauge single shot shotgun. The AK-47 was later recovered by police hidden under the front porch of a residence on Clay Avenue. The gun has been linked ballistically to the gun used in the mass shooting at the Boys and Girls Club on August 19, 2015.
On September 16, 2015, Blackshell was formally charged in New York state court with Murder 1st Degree relating to that event. Ramel Robinson faces federal charges of unlawful possession of the firearms stolen from 1070 Lake Avenue. The shotgun was later recovered at a residence on Phelps Avenue, leading to the arrest of Joseph Lowry on a separate federal gun charge. The current location of the .40 caliber is unknown.
Starling will appear before U.S. Magistrate Judge Marian W. Payson on November 10, 2015.
“As we have stated before, this office will aggressively prosecute those who commit violent crimes, as well as those who assist such predators,” said U.S. Attorney Hochul.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, by the Federal Bureau of Investigation), under the direction of Special Agent in Charge Adam S. Cohen, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Amherst Man Sentenced to 30 Years for Sex TraffickingRead 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 Kenneth Graham, 27, of Amherst, N.Y., who was convicted following a jury trial of sex trafficking by force, sex trafficking of a minor by force, and sex trafficking of a minor, was sentenced to 30 years in prison by U.S. District Judge Richard J. Arcara. In another significant development, the defendant was also ordered to pay $366,000 in restitution to the victims and must forfeit $80,000 in proceeds from his criminal behavior.Assistant U.S. Attorneys Trini E. Ross and Kathleen A. Lynch, who handled the case, stated that between winter 2010 and August 2012, the defendant recruited, promoted and profited from the prostitution activities of two minor girls knowing that the girls were under the age of 18. Graham also recruited, promoted and profited from a third victim, a woman in her 20's.
Graham placed advertisements on the web site backpage.com. One ad read “Amazingly Sexy Sweet Petite Companion 20 working out of the airport area.” The acts took place in various hotels in the towns of Amherst and Cheektowaga and customers were charged between $100 and $200.
According to evidence presented by the Government, two of the victims were assaulted and threatened by the defendant. One victim testified that Graham told her "I'll kill you" and a second victim testified that Graham brandished a weapon at her. Under cross examination, the defendant admitted to pushing one of the victims into a wall and over a piece of furniture.
"This case- with the first of its kind jury verdict- demonstrates why this crime is known as modern day slavery," said U.S. Attorney Hochul. "To think that anyone would work to systematically rape our community's children is outrageous, and today's sentence properly expresses that outrage.
“While this significant sentence cannot fully restore the emotional and physical damage suffered by the victims in this case, it should nevertheless serve as a warning to individuals engaged in this type of depraved behavior: HSI and our partners will be relentless in our continued pursuit of traffickers,” said James C. Spero, Special Agent in Charge for HSI Buffalo. "
The sentencing is the result of an investigation on the part of members of the Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Amherst Police Department, under the direction of Chief John Askey, the Cheektowaga Police Department, under the direction of Chief David Zack, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Additional support was provided by the Western District of New York Human Trafficking Task Force and Alliance. Anyone who has knowledge of any form of trafficking is encouraged to contact the Task Force or the National Human Trafficking Resource Center Hotline at 888-373-7888.
Two Buffalo Men Arrested, 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 Jay Neal, 37, and Quashawn Lawrence, 25, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute 100 grams or more heroin and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 45 years, and a $5,000,000. In addition, defendant Neal is charged with being a felon in possession of a firearm. That charges carries a maximum penalty of 10 years in prison.Assistant U.S. Attorneys Thomas S. Duszkiewicz and Michael J. Adler, who are handling the case, stated that according to the complaint, on October 20, 2015, Neal sold a quantity of heroin. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. The defendant left the meeting location and drove to the vicinity of Dodge St. and Michigan Ave. where a man later identified as defendant Lawrence exited a residence with a tan back pack and entered Neal’s vehicle.
Neal then drove to a residence at 87 Mariner St. in Buffalo. About an hour later, Neal and Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in United States currency. Lawrence was in possession of a quantity of crack cocaine. A search warrant executed inside 87 Mariner recovered a gun inside Lawrence’s tan back pack, and another gun, ammunition and 10 grams of heroin inside a dresser drawer.
The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder. They are due back in court on October 29, 2015 at 11:00 a.m.The criminal 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, and the Erie County Sheriff’s Department, under the direction of Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Niagara County Man Arrested, Charged with Threatening the PresidentRead 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 Jared Brown, 18, of Niagara County, NY, was arrested and charged by criminal complaint with threatening the President of the United States. The charge carries a maximum penalty of five years in prison.Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that according to the complaint, on September 6, 2015, the defendant called the Lockport City Police Department through the 911 Emergency Call Center and made oral threats over the telephone. During this call, Brown stated to an employee that he would kill President Obama. The complaint further alleges that when a Secret Service Agent asked the hypothetical question what Brown would do if the President walked into the interview room, Brown said he would shoot him.
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder. He is being held and is due back in court on October 22, 2015 at 2:30 p.m.
The criminal complaint is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Sentenced on Drug Trafficking and Gun Possession 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 Jose Guerra Caraballo, 43 of Rochester, NY, who was convicted of possession of cocaine with intent to distribute and possession of a firearm in the furtherance of a drug trafficking crime, was sentenced to 15 years in prison Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to forfeit two firearms and numerous rounds of ammunition seized at the time of his arrest.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between November 2014 and January 2015, law enforcement officers investigated Caraballo and his brother, Jose Miguel Guerra. Controlled purchases of cocaine were arranged and completed between Caraballo and another person.On January 21, 2015, a person met Caraballo and Guerra to purchase cocaine, heroin and a firearm. The person was shown the firearm and told that they had to go get cocaine.
Caraballo and Guerra were surveilled leaving the area and then observed entering 264 Clifford Avenue in Rochester. They were subsequently arrested by members of the Rochester Police Department. During the search of the vehicle Caraballo and Guerra were in, officers recovered a ROHM. 38 Special revolver, 12 live rounds of .38 Special ammunition, approximately 12.5 grams of heroin, 33 grams of cocaine, marijuana and new/unused glassine bags.
Later that day, officers executed search warrants at 15 Bardin Street, a residence leased by Guerra, and 264 Clifford Avenue, locations identified during the investigation. Law enforcement recovered various items including, a firearm, ammunition, cash, drugs and drug paraphernalia.
During a post-arrest statement, Guerra told officers he and Caraballo picked up cocaine from a location, later identified to be 264 Clifford Avenue that day. Guerra was convicted of carrying a firearm during and in relation to a drug trafficking.
Today’s sentencing is the culmination of an investigation on the part of 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.Two Mail Carriers Charged with Bribery in Connection with Narcotics Trafficking OperationsRead 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, in the first of its kind prosecution, Dennis Bernhard, 56, of Derby, NY, and Briana Fugate, 25, of Cheektowaga, NY, were arrested and charged in separate criminal complaints with multiple counts of bribery. Fugate was also charged with possession with intent to distribute and distribution of marijuana. The bribery charge carries a maximum penalty of 15 years in prison and a $250,000 fine. The marijuana charge is punishable by five years in prison.“These defendants were willing to allow drug dealers to turn the U.S. Mail into their own personal narcotics delivery service,” said U.S. Attorney Hochul. “This Office is committed to protecting the integrity of this important Government operation, as well as ensuring that all who work in public service discharge their responsibilities with honesty and integrity.”
“The Postal Service is in the business of moving the mail. It has no interest in being an unwitting accomplice to anyone using the U.S. Mail to distribute illegal drugs,” stated Acting Postal Inspector in Charge James V. Buthorn. “Part of the mission of the Postal Inspection Service is to ensure a safe and secure work environment for our employees. This alleged activity by these defendants poses a significant threat to those we strive to protect. I commend the hard work and countless hours put forth by all of the law enforcement agencies involved in this investigation. Together we can fight this on-going war on drugs in an effort to keep our communities and employees safe.”
"As employees of the United States Government, we are sworn to serve others, not ourselves," said Adam S. Cohen, Special Agent in Charge of the FBI's Buffalo Division. "Whether it be a postal carrier, councilman, or meter mechanic, we must honor the positions we hold."
"Corrupt postal employees represent a serious breach of public trust and must not go unaddressed," stated ICE HSI Special Agent in Charge James C. Spero. "HSI will continue to partner with other federal law enforcement agencies to ensure that public employees and the U.S. Mail system is not exploited or compromised for illegal means."
Assistant U.S. Attorney Wei Xiang, who is handling the cases, stated that the defendants are accused of accepting bribes while on the job as postal carriers in order to facilitate what they believed were marijuana distribution operations. According to the criminal complaints, Bernhard, a postal employee for 16 years, and Fugate, a two year postal employee, provided addresses of unsuspecting citizens in the City of Buffalo to person posing as a drug dealer in order to be mailed boxes of narcotics from the West Coast. These addresses were within each carrier’s mail delivery route, so that when the boxes arrived in Buffalo, the carrier did not deliver the boxes to the listed recipient address, but held on to the boxes and handed them directly to the witness in exchange for payments of between $200 and $300 per box.
Fugate also stands accused of abusing her positon to examine boxes shipped by customers which she suspected contained drugs, stealing the contents in event the boxes held narcotics, and then selling a vacuum-sealed pound of suspected marijuana to the CHS.
The defendants will make an initial appearance this afternoon at 2:30 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder.
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 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Schuele Boys Gang Associate 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 that Schuele Boys Gang associate Shawntorrian Travis, 36, who was convicted of conspiracy to distribute marijuana, was sentenced to two years probation 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, Travis sold marijuana to co-defendant Damario James for redistribution.
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.
Travis is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 13 of the defendants have been convicted. Travis is the second defendant to be sentenced.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation on the part of the FBI's Safe Streets Task Force 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.
Rochester Man Pleads Guilty to Sex Trafficking A MinorRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Matthew DiFlorio, 28, of Rochester, NY, pleaded guilty to enticement of a minor using a means and facility of interstate commerce before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of 10 years in prison, a maximum of life in prison and a $250,000 fine.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in June 2015, the mother of a thirteen year old minor advised the Rochester Police Department that her child had been communicating with two men. According to the mother, one of the two men, DiFlorio, was working as a Lifetouch school photographer and the mother had, at one point, attempted to contact DiFlorio to tell him to stay away from her child. According to the minor, the minor had communicated with the defendant using the application “Kik” and ended up meeting him in February 2015.
After taking over the minor’s phone, law enforcement officers received a text message from DiFlorio on June 22, 2015. An officer, assumed the minor’s identity and engaged in texts with DiFlorio. The two arranged a meeting for June 23, 2015 at a local fast food restaurant. The defendant arrived at the meeting and was confronted by law enforcement officers. DiFlorio admitted to having had sex with the minor and admitted to engaging in communications with the minor through text messages in order to meet.
The plea is the result of an investigation by the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes members of the FBI, the Rochester Police Department, the Monroe County Sheriff’s Office, Immigration and Customs Enforcement, Homeland Security Investigations, and the Monroe County District Attorney’s Office.Sentencing is scheduled for January 19, 2015, before Judge Wolford.
Rochester Man Pleads Guilty to Enticement of A 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 Matthew DiFlorio, 28, of Rochester, NY, pleaded guilty to enticement of a minor using a means and facility of interstate commerce before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of 10 years in prison, a maximum of life in prison and a $250,000 fine.Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in June 2015, the mother of a thirteen year old minor advised the Rochester Police Department that her child had been communicating with two men. According to the mother, one of the two men, DiFlorio, was working as a Lifetouch school photographer and the mother had, at one point, attempted to contact DiFlorio to tell him to stay away from her child. According to the minor, the minor had communicated with the defendant using the application “Kik” and ended up meeting him in February 2015.
After taking over the minor’s phone, law enforcement officers received a text message from DiFlorio on June 22, 2015. An officer, assumed the minor’s identity and engaged in texts with DiFlorio. The two arranged a meeting for June 23, 2015 at a local fast food restaurant. The defendant arrived at the meeting and was confronted by law enforcement officers. DiFlorio admitted to having had sex with the minor and admitted to engaging in communications with the minor through text messages in order to meet.
The plea is the result of an investigation by the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes members of the FBI, the Rochester Police Department, the Monroe County Sheriff’s Office and the Gates Police Department and the Monroe County District Attorney’s Office.Sentencing is scheduled for January 19, 2015, before Judge Wolford.
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 Ricky Knox, 28, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to bank robbery. 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 case, stated that on April 10, 2015, Knox robbed the Chase Bank Branch located at 1 Rochester Street in Scottsville, NY. The defendant, who was wearing dark pants, a baseball hat, and a black hooded sweatshirt with the hood up, approached the teller window and stated that he wanted to make a withdrawal. The teller asked Knox to use his debit card to initiate the transaction. Knox responded no and placed his right hand up on the counter. At that time the teller noted that Knox was wearing clear latex gloves. The defendant then demanded the teller “put 50’s and 100’s up on the counter” and to hurry. The teller placed money on the counter which Knox used his gloved hand to pick up and then fled from the bank on foot.On April 15, 2015, Knox was arrested in Louisiana and brought to the Western District of New York to face the robbery charges.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn.
Sentencing is scheduled for January 19, 2016, at 4:00 PM before the Honorable Elizabeth A. Wolford.
Niagara Falls Man Sentenced on Child Pornography Charge and Violating Supervised ReleaseRead 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 Michael Weaver, 40, of Niagara Falls, NY, who was convicted of possession of child pornography and violation of supervised release, was sentenced to 123 months in prison by U.S. District Judge Richard J. Arcara.
Special Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that Weaver was previously convicted in October 2007 of possession of child pornography for being in possession of approximately 16,000 images and 153 videos of child pornography. The defendant was sentenced to 78 months and five years supervised release. Weaver was released and placed on supervised release on August 30, 2013.One condition of his supervised release prevented the defendant from possessing cellular telephones without the authorization of the U.S. Probation Department. On December 16, 2014, during a routine visit, probation officers found Weaver had two unauthorized cellular telephones. The defendant admitted that he got the phones in order to download images of child pornography. A forensic examination found that the phones contained 1500 images and 20 videos of child pornography. Many of the images were of prepubescent children under the age of 12 that depicted violence between adults and the children.
The sentencing is the result of an investigation by United States Probation Department, under the direction of Anthony SanGiacomo and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Buffalo Woman Sentenced for Oxycodone SalesRead 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 Michelle S. Kidd, 39, of Buffalo, New York, who was convicted of oxycodone distribution, was sentenced to one year and one day imprisonment by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on four dates between August 2014 and January 2015, Kidd sold a total of $6,000 worth of oxycodone pills to an individual at Kidd’s Buffalo residence. Oxycodone, along with other opiod and opiate-type drugs, has been responsible for an alarming increase in overdose deaths in this area. United States Attorney Hochul, along with public health officials, have described these fatalities as an epidemic.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
U.S. Files False Claims Act Complaint Against Strock Contracting, Inc., Two Owners and an EmployeeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, NY–The United States filed a complaint against a Western New York contracting company, and its owners and an employee, alleging that they submitted false claims for federal contracts intended for service-disabled, veteran-owned small businesses, the Department of Justice and U.S. Attorney William J. Hochul, Jr. announced.The lawsuit was filed in U.S. District Court in Buffalo against Strock Contracting, Inc., Lee Strock, Kenneth Carter and Cynthia Ann Golde, who are alleged to have defrauded the government by falsely claiming eligibility for millions of dollars in contracts being awarded by the Air Force, Army, and Department of Veterans Affairs intended for service-disabled, veteran-owned (SDVO) small businesses. Strock largely owns and manages Strock Contracting, Inc., and Strock and Carter were officers and partial owners of Veteran Enterprises Company, Inc. (VECO), which was awarded the contracts. Golde was a former employee of VECO.
“This country long ago developed policies designed to ensure that our wounded warriors have the ability to participate in government-funded programs, and to have their transition into the civilian economy eased to the extent possible,” said U.S. Attorney Hochul. “This lawsuit – the first of its kind in this District – sends a strong message that this office will vigorously protect programs designed to aid those who have already given so much in the honorable service of their country.”
“Congress established the Service-Disabled, Veteran-Owned contracting programs to provide economic opportunities for veterans with service-connected disabilities and to help them participate in federal contracting and compete in the American economy,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.“The Justice Department is committed to making sure that only eligible companies participate in these types of federal contracting programs.”
Between 2008 and 2013, VECO obtained millions of dollars in federal contracts offered by the government to legitimate SDVO small businesses. The defendants won these contracts after claiming that VECO met all the requirements to be an SDVO small business. The government’s complaint alleges that VECO did not meet the requirements and was not entitled to such contracts. In particular, the government alleges that VECO was a sham business whose day to day operations were controlled by Strock Contracting and the individual defendants. For example, the government’s complaint alleges that the purported owner of VECO did not even have a key to VECO’s offices, which were located in the same building as Strock Consulting.The civil complaint is the result of an investigation by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of New York, the Veteran’s Administration, Office of Inspector General, Northeast Regional Office; the U.S. Army Criminal Investigation Division Command, Major Procurement Fraud Unit (MPFU); the FBI; the Small Business Administration’s Office of Inspector General and Office of General Counsel and the Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service.
The case is captioned United States v. Lee Strock, et al, No. 15-CV-887-G (W.D. New York). The claims made in the complaint are allegations only, and there has been no determination of liability.
Schuele Boys Gang Associate Sentenced 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 Ikeem Lyons, 22, of Buffalo, who was convicted of conspiracy to distribute cocaine, was sentenced to 10 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney George C. Burgasser, who handling the case, stated that between June 2013 and July 23, 2014, the defendant bought quantities of cocaine from co-defendant Michael Robertson. Lyons then re-sold the cocaine to co-defendants Aaron Glenn, Demetrius Holmes and others.
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.
Lyons is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 13 of the defendants have been convicted. Lyons is the first defendant to be sentenced.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; 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.
Lackawanna Man Sentenced 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 Anthony Watkins, 32, of Lackawanna, NY, who was convicted of unlawful possession of a firearm by a convicted felon, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara. The defendant’s supervised release on a prior federal conviction for possession of a firearm in furtherance of drug trafficking crimes was revoked and Watkins was sentenced to an additional 12 months in prison, for a total of 96 months.Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on May 14, 2014, U.S. Probation Officers and members of the Federal Bureau of Investigations Safe Streets Task Force visited Watkins’s apartment. Officers found the defendant at home and a Glock 9mm pistol with a high-capacity magazine loaded with 21 rounds of ammunition in his bedroom closet. Watkins was on supervised release after serving 60 months in federal prison for possessing a firearm in furtherance of drug trafficking, and prohibited from possessing firearms.
The sentencing is the result of an investigation by the U.S. Probation Office, under the direction of Anthony SanGiacomo and the Federal Bureau of Investigation's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; 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.
Jury Finds Rochester Man Guilty of Marijuana Possession and Possessing A FirearmRead 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 a federal grand jury found Laverne Singletary, 49, of Rochester, NY, guilty of possessing marijuana and possessing a firearm after having been convicted of a felony. The charges carry a maximum possible penalty of 10 years in prison and a fine of $250,000 or both.Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the prosecution of the case, stated that on October 6, 2012, Singletary, a four-time convicted felon, was arrested on Roth Street in Rochester after law enforcement officers attempted to stop him for carrying an open beer can on a public sidewalk. Singletary ran after being approached officers and was caught after a short foot pursuit. The defendant was placed in handcuffs. Once handcuffed, officers stood Singletary up from the ground and found a Hungarian-made 7.65 mm semi-automatic pistol which had fallen from his pants. In searching the defendant, officers also located 13 bags of marijuana.
The conviction 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 Delano A. Reid, Special Agent in Charge, New York Field Office, the Monroe County Office of Probation and Community Corrections, under the direction of Robert J. Burns, Chief Probation Officer, and the Rochester Police Department under the direction of Chief Michael Ciminelli.
Sentencing for Singletary is scheduled for January 15, 2016 at 9:30 a.m. before Chief U.S. District Judge Frank P. Geraci who presided over the trial of the case.
Rochester Man Charged with Possession of A Firearm Linked to Murders at Boys and Girls ClubRead 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 Ramel Robinson, 21, of Rochester, NY, was charged by criminal complaint in connection with unlawful possession of a firearm which was stolen from the residence at 1070 Lake Avenue in Rochester. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that on July 29, 2015, Robinson unlawfully entered the residence at 1070 Lake Avenue and stole a gun safe that contained three firearms and numerous rounds of ammunition. The firearms included an AK-47, a .40 caliber rifle and a single shot shotgun. The AK-47 was later recovered by police hidden under the front porch of a residence on Clay Avenue. That gun has been linked to the mass shooting at the Boys and Girls Club on August 19, 2015.
The shotgun was later recovered at a residence on Phelps Avenue, leading to the arrest of Joseph Lowry on federal gun charges. The current location of the .40 caliber rifle is unknown. Previously, on September 9, 2015, Robinson was charged by federal authorities for possessing two additional stolen firearms related to a burglary of a residence at 184 Clay Avenue. The defendant is currently in custody on state and federal charges.
Robinson will appear make an initial appearance this morning at 10:30 a.m. before U.S. Magistrate Judge Marian W. Payson.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Pennsylvania Man Sentenced on Child Pornography 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 Dale Foley, 48, of Bradford, PA, who was convicted of possession of child pornography, was sentenced to five years in prison and 10 years supervised release by Senior U.S. District Judge William M. Skretny.
Special Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that on November 30, 2011, a federal search warrant was executed at the defendant’s former residence on South Street in Olean, NY. Foley The defendant was at the residence and admitted to possessing child pornography and using peer to peer software to download the child pornography. A forensic analysis of Foley’s computer recovered 685 image files and 146 video files of child pornography, many of which depicted pre-pubescent children being subjected to violence.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Niagara Falls Woman Sentenced for Stealing Government FundingRead 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 Kimberly Nybeck, 45 of Niagara Falls, NY, who was convicted of theft of public money, was sentenced to three years probation with six months home detention by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $36,094 in restitution to the Social Security Administration.Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that from April 2008 to December 2012, the defendant received Supplemental Security Income (SSI) benefits on behalf of a family member. During that time, Nybeck falsified information that was submitted to the Social Security Administration that allowed her to continue to receive the SSI benefits. In total, the defendant fraudulently received $36,094 in benefits that she was not entitled to.
The sentencing is the culmination of an investigation on the part of Special Agents of the Social Security Administration Office of Inspector General, under the direction of Edward J. Ryan, Special Agent in Charge.