Western District of New York
Press releases recorded for this federal judicial district.
Niagara Falls Man Indicted on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a six-count indictment charging Philip Vincent, 37, of Niagara Falls, NY, with manufacturing marijuana, possession with intent to distribute marijuana, possession with intent to distribute crack cocaine, maintaining a drug premises, possession of a weapon in furtherance of drug trafficking, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $1,000,000 fine.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictment and a previously filed complaint, on December 2, 2014, the U.S. Marshals Violent Felony Fugitive Task Force encountered the defendant while looking for a fugitive defendant. Officers searched Vincent’s 20th Street residence and discovered a .38 caliber revolver along with marijuana plants and crack cocaine.
Vincent was arraigned today before U.S. Magistrate Judge Hugh B. Scott and is being held.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the U.S. Marshals Service, under the direction of Charles Salina, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
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.
10 Defendants Charged in Heroin Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-The U.S. Attorney’s Office announced today that 10 individuals are charged by criminal complaint with operating a heroin trafficking ring on the West Side of Buffalo. The defendants are charged with conspiracy to possess with intent to distribute, and distribution of, heroin. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.Charged in the complaint are:
• Hector Carattini
• Michael Perez
• Juan Oliverias-Arbelo
• Mark Gonzelez
• Adalberto Cruz
• Maikel Gonzelez
• Alberto Fernandez
• Raymond DeJesus
• Hector Huertas
• Kristie BoncoreAll the defendants, except for Kristie Boncore, are also charged with possession with the intent to distribute, and distribution of heroin which also carries a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the complaint, between the fall of 2013 and June 15, 2015, the defendants conspired to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
According to the complaint, these 10 defendants were street-level distributors or “runners” in a heroin trafficking ring operated by Daniel Molina-Rios who was arrested in June 2015 along with Orlando Rios, Luis Montanez, and Jose Andujar. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.
DEA Special Agent in Charge James Hunt stated, “Heroin is the archenemy of public health in Buffalo. And this investigation is a reminder to the public that DEA and our law enforcement partners are putting everything on the line to identify those responsible for supplying our city with heroin, like the Molinas-Rio trafficking organization.” SAC Hunt commends the men and women of DEA Buffalo Resident Office, the New York State Police, the Buffalo Police Department and the US Attorney’s Office, Western District of New York, for their tenacious efforts throughout this investigation.
Seven of the 10 defendants were taken into custody and made initial appearances today before U.S. Magistrate Judge Jeremiah J. McCarthy. The seven defendants are being held pending detention hearings.
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, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Owner of Buffalo Deli Pleads Guilty to Food Stamp FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Samir Hassan, 35, of Buffalo, NY, pleaded guilty to food stamp fraud before U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that Hassan was the owner and operator of City Market & Deli and City Market in Buffalo. Between November 1, 2010 and August 31, 2012, the defendant directed his employees to purchase food stamp benefits for less than their full value in exchange for cash from eligible beneficiaries.
The plea is the result of an investigation by the United States Department of Agriculture, Office of Inspector General, under the direction of Special Agent in Charge William Squires.
Sentencing is scheduled for February 17, 2016 at 10:00 a.m. before Judge Geraci.
Minnesota Woman Sentenced for Using A Passport Secured by A False StatementRead 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 Cubtan Abdirahman Nur, 50, of Minneapolis, Minnesota, who was convicted of using a passport secured by a false statement, was sentenced to two years probation and a $1,000 fine by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on April 21, 2015, the defendant attempted to enter the United States at the Rainbow Bridge Port of Entry. To gain entry, Nur used a United States passport. Authorities linked the defendant’s passport to a passport application filed in 2011 in which Nur claimed she was born in Ethiopia and only used one identity. Fingerprint analysis and a subsequent confession determined that in fact Nur reported a different name, birthdate, and country of birth when she filed for asylum in 1997.
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Department of State, under the direction of Resident Agent in Charge William Ferrari.
Buffalo Man Pleads Guilty to Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michael Lamacchia, 48, of Buffalo, NY, who was convicted of theft of mail, was sentenced to one year probation by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant, who worked as a mail carrier for the U.S. Postal Service, took a letter containing New York State Safety Inspection Certificate stickers and used the stickers on vehicles owned by him or members of his family. Lamacchia did so in order to avoid having the vehicles inspected or repaired to pass inspection.
The sentencing is the culmination of an investigation by Special Agents of The United States Postal Service, Office of the Inspector General, under the direction of Monica Weyler, the New York State University Police at the University at Buffalo, under the direction of Chief Gerald Schoenle Jr., and the New York State Department of Motor Vehicles, Division of Field Investigation, under the direction of Executive Deputy Commissioner Theresa Egan.
Buffalo Man Pleads Guilty to Heroin DistributionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Raul Matos, 49, of Buffalo, NY pleaded guilty before U.S. District Judge Elizabeth A. Wolford to distributing heroin. 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 three occasions in June and July 2014, the defendant sold heroin to an individual in Buffalo.
The plea is the result of an investigation on the part of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, Buffalo Division.
Sentencing is scheduled for January 13, 2016, at 11:00 a.m. before Judge Wolford.
Amherst 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 Timothy Murphy, 49, of Amherst, NY, pleaded guilty to possession of child pornography 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 Scott S. Allen, Jr., who is handling the case, stated that on October 15, 2014, law enforcement officers executed a search warrant at the Kings Highway residence of the defendant who worked as a technician for the Kenmore Tonawanda School District at the time. The officers recovered a computer being used by Murphy. A subsequent forensic examination determined that the computer contained approximately 123 images and one video of child pornography. Some of the images depicted children under the age of 12 years old. Some of the images also contain depictions of violence.
Murphy has been in custody since his arrest on April 28, 2015. Sentencing is scheduled for January 13, 2016 before Judge Wolford.
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.
Rochester Man Sentenced for Enticing 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 Roger Eric Powell, 48, of Rochester, NY, who was convicted of enticement of a minor using a means and facility of interstate commerce, was sentenced to 10 years in prison and 30 years of supervised release by U.S. District Judge Elizabeth Wolford.Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that between January 2014 and January 2015, Powell used the Internet and a cellular telephone to communicate with a female who was under the age of 14 to entice the minor to engage in sexual activity with him. Specifically, the defendant used Facebook messenger to engage in sexually explicit chats with the minor. The communications led to Powell meeting with the minor to engage in sexual activity.
The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
Schuele Boys Gang Associate Pleads Guilty to Distributing Drugs Out of Variety StoreRead 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 Robert Brown, aka Pee Wee, 52, of Buffalo, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.“From time to time, residents of certain neighborhoods have reported their concerns about corner stores being a front for crime,” said U.S. Attorney Hochul. As this case demonstrates, law enforcement welcomes such information, and is committed to closing those locations which are engaged in illegal activities.”
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 23, 2014, the defendant bought quantities of cocaine from co-defendant Damario James. Brown then re-distributed the cocaine from his residence in Buffalo as well as from his store “Pee Wee’s Variety Store.”
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.
Brown is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 13 of the defendants have been convicted.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea 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.
Brown will be sentenced on January 21, 2016 at 12:00 p.m. before Judge Arcara.
Former Public Defender Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Adam Rissew, 39, a former Monroe County Public Defender currently of Rochester, NY, formerly of Medina, NY, pleaded guilty to possession of firearm in furtherance of a drug trafficking before U.S. District Judge William M. Skretny. The charge carries a mandatory prison term of five years and a $250,000 fine.Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on July 20, 2012, Medina police officers and members of the Orleans County Major Felony Crime Task Force searched Rissew’s then-residence at 305 Catherine Street in the Village of Medina. Officers found and seized in excess of fifty marijuana plants, paraphernalia related to the grow operation, numerous firearms and 684 rounds of various types of ammunition. Among the firearms found and seized was a loaded Glock 9mm semi automatic pistol that was secreted between Rissew’s mattress and box springs. During his plea Rissew admitted he used the pistol to protect his marijuana grow operation.
The plea is the result of an investigation by the Medina Police Department, under the direction of Chief Jose Avila, officers of the Orleans County Major Felony Crime Task Force, under the direction of Chief Investigator Joseph Sacco, and Orleans County District Attorney Joseph Cardone.
Sentencing is scheduled for January 25, 2016 at 3:00 p.m. before Judge Skretny.
Georgia Man Pleads Guilty to Bank LarcenyRead 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 Damian Linton, 35, of Atlanta, Georgia, pleaded guilty to bank larceny before U.S. Magistrate Judge H. Kenneth Schroeder. The charge carries a maximum penalty of one year in prison and a fine of $100,000.Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that Linton operated a business that created fraudulent pay stubs and other fraudulent documents. Some of those documents were then submitted to various lenders in support of fraudulent loan applications, causing lenders to release funds, under fraudulent pretenses.
The plea is the culmination of an investigation by Special Agents of the FBI, under the direction of .
Sentencing for Linton is scheduled for January 7, 2016 before Judge Schroeder.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 Charles Humphrey, 47, of Buffalo, NY, who was convicted of conspiracy to distribute over 500 grams of cocaine, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant, along with four co-defendants, distributed multiple quantities of cocaine between 2009 and January 2010. In addition, Humphrey sold a quantity of cocaine to a confidential source on January 13, 2010.
The defendant was arrested along with Eric J. Humphrey, John E. Humphrey, Jr., James Humphrey, Jr. and Anthony Taylor. All five defendants have been convicted and sentenced.
Items seized during the execution of search warrants executed at the time of their arrests included quantities of cocaine, crack cocaine, marijuana, supplies used in the packaging of cocaine and crack cocaine, $153,000 in cash, ammunition and three vehicles.
The investigation resulted in the liquor license revocation of “The Good Life,” a Bailey Avenue sports bar owned by Eric Humphrey.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita. Additional assistance was provided by the Amherst Police Department and the Federal Bureau of Investigation Safe Streets Task Force.
Two Men Plead Guilty to Murder and Attempted Murder Involving in 7th Street Case; Third Defendant Pleads Guilty to Rico ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kasiem Williams, 26, of Buffalo, NY, pleaded guilty to RICO Conspiracy, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison and a $250,000 fine. In addition, Leslie Cunningham, 44, of Rochester, NY, pleaded guilty to Attempted Murder in Aid of Racketeering, also before Judge Arcara. That charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that Kasiem Williams participated in several acts of violence during the course of his involvement in the racketeering conspiracy. Specifically, the defendant participated in the following gang-related shootings:
• On July 10, 2009, Williams shot at a rival 10th Street Gang member during an attempted murder. In the aftermath of the attempted murder, Williams shot himself in the foot.
• On August 11, 2009, Williams spotted rival 10th Street Gang members on the corner of Auburn and West Avenue in Buffalo and notified his fellow gang members to shoot at the 10th Street Gang members. As a result, Eric Morrow was shot and killed.
• On November 5, 2009, Williams and a fellow gang member shot and attempted to murder a victim on 7th Street in Buffalo because they believed the victim was associated with the 10th Street Gang.
• On May 24, 2010, Williams and a fellow gang member shot a maintenance worker during the course of attempting to shoot and kill a rival gang member.
• On June 5, 2010, Williams shot and killed Virgil Page at 41 19th Street in Buffalo, a drug rival of Leslie Cunningham. As a result, Cunningham agreed to murder 10th Street Gang rivals for members of the 7th Street Gang as a part of a “favor for a favor” deal.
• On June 13, 2010, Cunningham went to the vicinity of 224 Virginia Street in Buffalo. Armed with the same .380 caliber semi-automatic handgun used by Kasiem Williams to kill Virgil Page, Cunningham shot a 10th Street Gang associate who was inside a store, and fired several shots at a 10th Street Gang member who was seated inside a sport utility vehicle parked outside the store.
Kasiem Williams also conspired to distribute marijuana, cocaine, and heroin as a part of his involvement in the gang.
In addition, Sammy Ortiz, 28, of Buffalo, pleaded guilty to RICO Conspiracy, also before Judge Arcara. The charge carries a maximum penalty of 20 years in prison and $250,000 fine. As a part of his participation in the 7th Street Gang, Ortiz sold cocaine and permitted other members of the gang to store firearms at his residence.
A total of 18 defendants have been charged in this case, to date 12 have been convicted.
Today’s pleas are the culmination of an investigation on the part of Special Agents of the FBI Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.Kasiem Williams will be sentenced on January 15, 2016, at 1:30 p.m.; Leslie Cunningham on February 3, 2016, at 12:30 p.m.; and Sammy Ortiz on February 4, 2016 at 12:30 p.m., all before Judge Arcara.
Onondaga County Man Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned an indictment charging Donald Gardner, Jr., 40, of Lafayette, NY, with production of child pornography, receipt of child pornography, possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on February 2, 2014, the defendant used the internet to entice, and coerce a minor a 10 year old to send him to sexually explicit photos.
The defendant was arraigned today before the U.S. Magistrate Judge H. Kenneth Schreoder, Jr.
The indictment is the culmination of an investigation by agents of the Federal Bureau of Investigation and the Niagara County Sheriff’s Department.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
New York City Man Sentenced for Smuggling Fake Ecstasy PillsRead 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 Stevie Coates, 41, of New York, N.Y., who was convicted of smuggling goods into the United States, was sentenced to 36 months imprisonment by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that in the afternoon of October 31, 2010, the defendant drove his vehicle to the Lewiston Bridge Port of Entry seeking entry into the United States from Canada. At secondary inspection, Customs and Border Protection officers discovered nearly 6,000 pills, which had the appearance of MDMA (or “ecstasy”) pills. While subsequent laboratory analysis determined that the pills only contained caffeine, the defendant admitted that he planned to sell the pills for $20 apiece on return to New York City.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, and U.S. Customs and Border Protection officers, under the direction of Rose Hilmey, Acting Director of Field Operations.
Former Carnival Worker Pleads Guilty to Felony Murder for Role in Death of Medina Comic Book CollectorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Donald R. Griffin, 37, of Rochester, NY, pleaded guilty to committing a murder in aid of a racketeering enterprise, before U.S. District Judge Richard J. Arcara. The charge carries a penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that Griffin was one of three individuals who broke into the Medina, NY home of 78 year old Homer Marciniak in the early morning hours of July 5, 2010. The intent of the burglary was to steal Marciniak’s valuable collection of comic books with an estimated value of $30,000. During the course of the burglary, Marciniak woke up and stumbled into the hallway where he encountered Griffin and the others. The defendant struck Marciniak in the face causing lacerations. After Griffin and the others left, Marciniak was transported by ambulance to Medina Memorial Hospital where his lacerations were sutured. However, following his release from the hospital’s emergency room, Marciniak went into cardiac arrest and died a short time later.
Medical evidence that the government was prepared to offer at trial demonstrated that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.
Rico Vendetti, the former owner of the East Side Gold and Audio Pawn Shop and Al’s Green Tavern on North Goodman Street in Rochester, engineered the burglary. He was convicted of Racketeering Influenced Corrupt Organization (RICO) Conspiracy and is awaiting sentencing.
Defendants Terry Stewart and Brandon Meade were also convicted in connection with this case.
The two other individuals involved in the burglary were Juan Javier, a juvenile at the time of the burglary who was convicted of robbery in Orleans County Court, and Albert Parsons who will be tried in federal court beginning on December 8, 2015 along with co-defendants Arlene Combs and Dayon Shaver.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for February 3, 2016 at 1:00 p.m. before Judge Arcara.Buffalo Man Arrested on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alvin L. Livingston, Jr., 36, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute five kilograms or more of cocaine. The charge carries a maximum penalty of life in prison and a $10,000,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on September 26, 2015, law enforcement officers executed a search warrant at the defendant’s residence on Stevenson Street. Livingston was alone in the residence at the time. Officers recovered bundled U.S. currency, a money counter, two digital scales containing suspected cocaine residue, and a vacuum sealing package device.
Following the search of the residence, officers searched a car rented to Livingston, which was parked outside. Inside, they found approximately five kilograms of cocaine in vacuum-sealed packages in the trunk of the vehicle.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held in custody pending a detention hearing on October 20, 2015, at 11:00 a.m.
The criminal 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, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rochester Man Pleads Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Rivera, 34, of Rochester, NY, who was convicted of possession of a firearm and ammunition while being a convicted felon, was sentenced to 50 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated on May 24, 2014, the Rochester Police Department received a 911 call regarding a man pointing a shotgun at someone through the window of a car he was driving in the area of Upper Falls Boulevard and North Clinton Avenue.
Officers responded and saw a car that matched the vehicle description they had been given speeding in the area of Oakman Street. The vehicle was pulled over in the parking lot of a restaurant located on Upper Falls Boulevard at North Clinton Avenue. Rivera jumped out of the car, put his hands in the air and was detained. Officers saw a Winchester 1300 Ranger slide action 12 gauge shotgun in the defendant’s car in between the driver’s seat and the driver’s side door, as well as four shotgun rounds in the cup holder in the center console.
In August of 2007, Rivera was convicted in Livingston County of Burglary in the Second Degree.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division and members of the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Retired Buffalo Police Officer Sentenced to Prison for Defrauding Injured on Duty ProgramRead 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 Patrick S. O'Mara, 54, of Buffalo, NY, who was convicted of wire fraud related to falsely claiming he had been injured on duty as a police officer, was sentenced to six months in prison and two years supervised release by Senior U.S. District Judge William M Skretny. The defendant was also ordered to pay restitution to the City of Buffalo totaling $103,946.28.
Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that in February, 2004, the defendant, a Buffalo Police Officer, was placed on Injured on Duty Status (IOD) by the City of Buffalo. O'Mara was placed on IOD status for cervical and lumbar strains suffered while on duty. The defendant remained on IOD status until October, 2004 when he was ordered to return to light duty. In 2005, O'Mara again claimed to have injured his right arm, this time while purportedly lifting two reams of copy paper. While the defendant did not report the injury to his superiors until 23 days later, the defendant was placed on IOD status once again in September, 2005, where he remained up until 2102, the time he was initially arrested and charged in this case. Following the defendant’s arrest, the defendant filed for retirement from the Police Department.
During the course of the investigation, the Government learned that the defendant's primary care physician did not recommend that O'Mara return to work. Contradicting this position, several independent medical exams concluded that the defendant was not permanently disabled. One doctor noted that the defendant walked into his office using a cane, but later witnessed O’Mara walking in the parking lot without any limp.Additional investigation determined that the defendant was working another job while simultaneously claiming he was too injured to perform even light duty for the Buffalo Police Department. The work involved serving as a paid musical director and church organist which involved the use of the same arm the defendant claimed he injured in 2005 while lifting the lifting the two reams of paper.
At the time of the defendant’s arrest in May, 2012, the defendant admitted that he was capable of performing light duty for the Police Department. The defendant claimed that the reason he stayed on IOD was that he considered it to be “demeaning” to sit at a desk and answer the telephone, and further, that the pay he received while on IOD status was an incentive to remain off-duty since the pay was tax-free. In Court, the defendant attributed his fraud to being “greedy.”
O'Mara's was one of two Buffalo Police Officers charged with defrauding the IOD Program. Since the filing of both cases by the Government, the number of Buffalo Police officers on IOD status has declined from well over one hundred officers to under 20. The second defendant charged in connection with the IOD investigation, Robert Quintana, is pending trial for mail and health care fraud. 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 by Special Agents of the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Syracuse Woman Pleads Guilty to Making A False StatementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Valerie Christine Hedd-Johnson, 46, of Syracuse, NY, pleaded guilty to making a false statement in an application for a U.S. passport, before 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. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant applied for a passport in Buffalo, NY in November 2013. On the application, Johnson indicated that she had never applied for a U.S. passport before. However, in August 2000, the defendant applied for a passport in Texas and that application had been rejected due to indications of fraud.
The plea is the result of an investigation by Special Agents from the Department of State, Diplomatic Security Services and the Social Security Administration, Office of the Inspector General.
Sentencing is scheduled for January 6, 2016 at 9:00 a.m. before Judge Skretny.
Rochester Man Pleads Guilty in Jamaican Lottery ScamRead 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 Hanks, 47, of Rochester, NY, pleaded guilty to mail fraud before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.Assistant U.S. Attorney John J. Field, who is handling the case, stated that Hanks worked with co-defendant Ricky Miller and a Jamaican group in a fraudulent sweepstakes telemarketing scheme that targeted elderly individuals. Victims were called on the telephone and told that they had won a sweepstakes prize or lottery. Victims were then asked to pay an upfront fee in order to release the purported winnings.
Hanks and Miller agreed to act as a point of contact in the United States to receive the money from the victims and then forward it to Jamaica after taking a substantial cut. Between January 2012 and September 2013, the victims sent approximately $300,000 to Hanks and Miller.
Ricky Miller was convicted and is awaiting sentencing.
The plea is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector in Charge James Buthorn, Boston Division.
Sentencing is scheduled for January 5, 2016, at 11:00 am, before Judge Larimer.
Justice Department Sues Gates-Chili School District for Violating the Service Animal Requirements of the AdaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
WASHINGTON – The Justice Department filed today a lawsuit against a public elementary school for refusing to permit a student with disabilities to attend school with a service dog unless accompanied by a separate handler provided by the student’s family. The lawsuit, filed in U.S. District Court in Rochester, New York, alleges that the Gates-Chili Central School District violated Title II of the Americans with Disabilities Act (ADA).This case involves a student whose service dog performs numerous tasks directly related to the student’s disabilities including alerting to oncoming seizures, preventing her from wandering or running away, and providing mobility support so she can walk independently. Due to her disabilities, the student needs periodic assistance during the school day in handling her service dog – primarily, tethering the dog and issuing limited verbal commands. Despite repeated requests, the district has refused to permit the student’s 1:1 aide – already provided by the district to assist with the student’s instruction and other needs during the school day due to her disabilities – or other staff to provide the student with this assistance.
“Individuals with disabilities are entitled to choose the manner in which they manage their disabilities so that they may live their lives with independence and autonomy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Honoring an individual’s choice to be accompanied by her service animal in all aspects of community life, including at school, promotes the ADA’s overarching goals of ensuring equal opportunity for, and full participation by, persons with disabilities.”
“It is no longer acceptable – if ever it was – for a district to refuse reasonable modifications to a child who seeks to handle her own service dog,” said U.S. Attorney William J. Hochul Jr. of the Western District of New York. “Certainly since passage of the American with Disabilities Act in 1990, such failure not only violates the dictates of conscience, it also violates the law. This office will simply not tolerate any discrimination against any person of any age who may happen to be affected by disabilities.”
Title II of the ADA mandates that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity. The service animal provisions of the Title II regulation are a specific application of the regulation’s reasonable modifications requirement and provide that, generally, a public entity must modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability, subject to specific, enumerated exceptions.
The department’s complaint seeks to make the student and her parent whole, by requesting a declaratory judgment that the district violated the ADA; an order requiring the district to permit the student to act as the handler of her service dog with assistance from school staff; and compensatory damages for the student and her parent.
Individuals interested in finding out more about the ADA or this lawsuit may call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD) or access its ADA website at www.ada.gov. Complaints of disability discrimination may be filed online at http://www.ada.gov/complaint/.
Justice Department Sues Gates-Chili Central School District for Violating the Service Animal Requirements of the ADARead the Press Release
The Justice Department filed today a lawsuit against a public elementary school for refusing to permit a student with disabilities to attend school with a service dog unless accompanied by a separate handler provided by the student’s family. The lawsuit, filed in U.S. District Court in Rochester, New York, alleges that the Gates-Chili Central School District violated Title II of the Americans with Disabilities Act (ADA).
This case involves a student whose service dog performs numerous tasks directly related to the student’s disabilities including alerting to oncoming seizures, preventing her from wandering or running away, and providing mobility support so she can walk independently. Due to her disabilities, the student needs periodic assistance during the school day in handling her service dog – primarily, tethering the dog and issuing limited verbal commands. Despite repeated requests, the district has refused to permit the student’s 1:1 aide – already provided by the district to assist with the student’s instruction and other needs during the school day due to her disabilities – or other staff to provide the student with this assistance.
“Individuals with disabilities are entitled to choose the manner in which they manage their disabilities so that they may live their lives with independence and autonomy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Honoring an individual’s choice to be accompanied by her service animal in all aspects of community life, including at school, promotes the ADA’s overarching goals of ensuring equal opportunity for, and full participation by, persons with disabilities.”
“It is no longer acceptable – if ever it was – for a district to refuse reasonable modifications to a child who seeks to handle her own service dog,” said U.S. Attorney William J. Hochul Jr. of the Western District of New York. “Certainly since passage of the American with Disabilities Act in 1990, such failure not only violates the dictates of conscience, it also violates the law. This office will simply not tolerate any discrimination against any person of any age who may happen to be affected by disabilities.”
Title II of the ADA mandates that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity. The service animal provisions of the Title II regulation are a specific application of the regulation’s reasonable modifications requirement and provide that, generally, a public entity must modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability, subject to specific, enumerated exceptions.
The department’s complaint seeks to make the student and her parent whole, by requesting a declaratory judgment that the district violated the ADA; an order requiring the district to permit the student to act as the handler of her service dog with assistance from school staff; and compensatory damages for the student and her parent.
Individuals interested in finding out more about the ADA or this lawsuit may call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD) or access its ADA website at www.ada.gov. Complaints of disability discrimination may be filed online at http://www.ada.gov/complaint/.
Guardian Industries Corp. to Cut Harmful Air Pollution at Flat Glass Manufacturing Plants in Seven StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. – The Department of Justice and the Environmental Protection Agency (EPA) today announced a settlement with Guardian Industries Corp. that will resolve alleged violations of the Clean Air Act at Guardian’s flat glass manufacturing facilities throughout the United States. Under the proposed settlement, Guardian will invest more than $70 million to control emissions of nitrogen oxide (NOX), sulfur dioxide (SO2), particulate matter (PM) and sulfuric acid mist (H2SO4) from all of its flat glass manufacturing facilities. Guardian will also fund an environmental mitigation project valued at $150,000 to reduce particulate matter pollution in the San Joaquin Valley in California and pay a civil penalty of $312,000.“This settlement is a great example of a cooperative, company-wide effort to reduce air pollution and will mean cleaner air for communities across the country, where glass manufacturing is currently a significant source of the air pollutants that cause serious lung and heart problems,” said Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “We are also particularly grateful to the states of Iowa and New York, as well as the San Joaquin Valley Air Pollution Control District, all of whom were active partners in achieving this important outcome for the American people.”
“Air pollution from flat glass facilities can impact communities hundreds of miles away, which is why today’s announcement is so crucial to address pollution at the source and protect public health,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “By investing in pollution control equipment and funding a mitigation project that will protect the health of low-income residents, Guardian is setting an example for the flat glass industry for how to control harmful air emissions at its facilities.”
“We applaud Guardian Industries, who today became an industry leader by committing to a substantial investment to reduce emissions of air pollutants that are harmful to human lungs,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan. “This agreement strikes the appropriate balance between promoting manufacturing and protecting the clean air that is essential to public health and Michigan’s future.”
“The day has long passed when profits by corporate polluters take priority over the health and safety of workers and communities,” said U.S. Attorney William J. Hochul, Jr. for the Western District of New York. “Thanks to today’s settlement, Guardian Industries will make necessary investments which will give workers, neighbors and the company itself the best chance to thrive in both the short and long term.”
Today’s settlement resolves allegations that Guardian violated the Clean Air Act and state air pollution control plans when it made major modifications to its flat glass furnaces that significantly increased harmful air emissions. This settlement is part of EPA’s ongoing National Enforcement Initiative addressing Clean Air Act New Source Review and Prevention of Significant Deterioration program violations and is the agency’s first settlement involving the flat glass manufacturing sector. Flat glass, also known as float glass, is used as windows for office buildings and homes as well as for automobile windshields.
The $150,000 mitigation project with the San Joaquin Air Pollution Control District will provide incentives to low-income residents living in the San Joaquin Valley to replace or retrofit inefficient, higher-polluting wood-burning appliances with cleaner-burning, more energy-efficient appliances. The San Joaquin Valley is an area with poor air quality.
EPA expects that the pollution controls required by the settlement will reduce harmful emissions by 7,300 tons per year, including approximately 6,400 tons per year of NOx, 550 tons per year of SO2, 200 tons per year of PM and 140 tons of H2SO4. The mitigation project in California will yield additional reductions of PM. These emissions reductions will result in significant human health and environmental benefits for communities. Guardian’s flat glass manufacturing facilities are located in Kingsburg, California, DeWitt, Iowa, Carleton, Michigan, Geneva, New York, Floreffe, Pennsylvania, Richburg, South Carolina, and Corsicana, Texas.
SO2 and NOX have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. Once airborne, these pollutants can also convert into particulate matter. PM, especially the fine particles, can travel deep into a person’s lungs causing severe respiratory impacts, such as coughing, decreased lung function, and chronic bronchitis. Fine PM is also associated with cardiovascular impacts and even premature death. H2SO4 irritates the skin, eyes, nose and throat and lungs, and exposure to high concentrations can lead to more severe health impacts.
The states of Iowa and New York actively participated in the settlement and will each receive $78,000 of the total penalty. The United States will receive $156,000. The San Joaquin Valley Air Pollution Control District also actively participated in the settlement.
“New Yorkers’ health, environment, and economy depend on clean air,” said New York Attorney General Eric Schneiderman. “This settlement will ensure that the Guardian facility in Geneva operates in full compliance with air pollution laws. It will also significantly cut emissions from the facility, providing a breath of fresh air to New Yorkers living in the Finger Lakes region.”
The proposed consent decree was lodged today in United States District Court for the Eastern District of Michigan and is subject to a 30-day public comment period and final court approval.
For more information on the settlement and to read the proposed settlement, visit http://www2.epa.gov/enforcement/guardian-industries-corp-clean-air-act-settlement.
For more information on the settlement or to read a copy of the consent decree, visit http://www.justice.gov/enrd/consent-decrees.
Buffalo Man Sentenced for Unlawful Possession of A Firearm and A Violation of 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 Rai Johnson, 36, of Buffalo, N.Y., who was convicted of being a felon in possession of firearms and ammunition and violation of supervised release, was sentenced to 26 months in prison by U.S. Senior District Judge Richard J. Arcara.Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, Jr., who handled the case, stated that in August 2014, the defendant was sentenced to time served and two years supervised release for violating the Clean Air Act. On December 23, 2014, Johnson was found to be in possession of a shotgun, a rifle, and hundreds of rounds of ammunition that he kept hidden from his probation officer. The United States Probation Search Team recovered the firearms and ammunition during a search of the defendant’s residence. The search occurred after Johnson negligently discharged a round into his neighbor’s house while attempting to clean his rifle.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-In-Charge Delano A. Reid, New York Field Division.
Brooklyn Man Pleads Guilty in Connection with Lottery FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Horace Anthony Buddle, 45, of Brooklyn, NY, pleaded guilty to conspiracy to commit mail fraud and wire fraud before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that the defendant defrauded elderly individuals residing in the United States by leading the victims to believe they won cash prizes of more than $1,000,000 and, in at least one case, a Mercedes Benz automobile. The victims were told they must pay “taxes” and other administrative expenses in order to collect their “prizes.”
One victim, a man from the Rochester, N.Y. area, was told numerous times, in phone calls, to send packages of money to an address in Brooklyn. As a result, the victim sent 16 packages via UPS and the U.S. Mail to the defendants’ residence in Brooklyn.
Another victim, a resident of Missouri, was directed to deposit money into the accounts of co-defendant Corey Buddle who is the defendant’s son. None of the victims received anything as a result of their “winnings.”
Charges are pending against Corey Buddle. The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.The plea is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Acting Inspector in Charge James Buthorn, Boston Division, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for January 19, 2016 at 1:30 p.m. before Judge Arcara.
Self Proclaimed “Gingerbread Man” Caught; Pleads Guilty to Escape from Federal Halfway HouseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Lamar Nelson, 27, of Rochester, NY, pleaded guilty to escape before U.S. District Court Judge David G. Larimer. The charge carries a maximum sentence 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 was convicted in 2010 for possession with intent to distribute crack cocaine. As part of that sentence, the Bureau of Prisons assigned Nelson to the Volunteers of America Residential Reentry Center in Rochester in September of 2014. However, at that time, Nelson left the center without authorization and failed to return. In addition to his conviction for narcotics possession, the defendant was also a convicted sex offender.
The United States Marshal’s Service, along with members of the New York and New Jersey Regional Fugitive Task force began to search for the defendant in and around Rochester. During this time, Nelson exchanged phone calls and emails with the Deputy Marshal in charge of the investigation in which Nelson acknowledged that he was a fugitive, and at one point claimed that he was the “gingerbread man.”
Nelson was taken into custody without incident by the United States Marshal’s Service on April 30, 2015.
The plea is the culmination of an investigation by the United States Marshal’s Service, under the direction of Charles Salina.
Sentencing is scheduled for November 19, 2015, at 10:00 a.m. before Judge Larimer.
Rochester Man Charged with Possession of Stolen GunsRead 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 Joseph Lowry, 21, of Rochester, NY, was charged by criminal complaint in connection with his possession of a firearm stolen from a residence at 1070 Lake Avenue in Rochester. The charges carry a maximum penalty of 10 years, a fine of $250,000, or both.Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that according to complaint, on July 29, 2015, officers with the Rochester Police Department responded to 1070 Lake Avenue in Rochester for a report of a burglary occurring at the residence. The resident of the premises informed officers that intruders entered the house and stole a gun safe that contained three firearms including a 39mm rifle, a .40 caliber rifle and a 12 gauge shotgun.
Three days later, on August 1, 2015, officers responded to Lowry’s residence at 33 Phelps Avenue in Rochester on an unrelated call for service. While there, officers observed a New England Arms Pardner shotgun on the front porch of the residence, loaded with one round of ammunition. After tracing the firearm's serial number, investigators determined the gun was one of the three stolen from 1070 Lake Avenue on July 29, 2015.
Lowry will make an initial appearance on September 29, 2015, at 9:30 a.m. before U.S. Magistrate Judge Jonathan W. Feldman. This arrest is a result of our increased response to the recent spike in violence on the west side of Rochester, including the murder of three individuals at the Boys and Girls Club.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, by the Federal Bureau of Investigation, 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.
Palmyra Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Noah R. Scribner, 23, of Palmyra, NY, pleaded guilty to possessing child pornography involving pre-pubescent minors before U.S. District Court Judge David G. Larimer. The charge carries a maximum sentence of 20 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 New York State Police and Federal Bureau of Investigation conducted an online child pornography investigation in December 2013. During that case, they learned that child pornography had been uploaded to a Google cloud drive account. Investigators linked that activity to the defendant, and traced his physical location to a residence in Palmyra. A search warrant was executed and numerous digital items were seized.
During the investigation, Scribner told officers that he found the child pornography images and videos online by using certain search terms. The defendant also admitted that he would ask other online users to send him online "links" to other child pornography sites and images. Scribner acknowledged that in return, he would send those users other links with child pornography as well. The defendant estimated that he traded child pornography with others 100 times or more and said that the people he communicated with online (about child pornography) could be from anywhere in the world. At the time he downloaded the images, Scribner believed what he was downloading constituted child pornography.
A forensic review of the digital material seized from Scribner located images of children being sexually abused on several items, including a laptop and Apple iPod. Some of the images depicted prepubescent minors or minors under 12 years old, as well as images which portrayed depictions of violence.
The plea is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and the Federal Bureau of Investigations Child Exploitation Task Force consisting of the Monroe County Sheriff’s Office, the Rochester Police Department, the Greece Police Department and Homeland Security Investigations.
Sentencing is scheduled for December 8, 2015, at 11:30 a.m. before Judge Larimer.
Buffalo Man Charged with Assaulting A Probation OfficerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that John Hunt, 39, of Buffalo, NY, was charged by criminal complaint with assault of a federal officer. The charge carries a maximum sentence of eight years in prison, a fine of up to $250,000, or both.Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the complaint, on September 11, 2015, two U.S. Probation officers went to the defendant’s home on Sweet Avenue in Buffalo to conduct an unscheduled home visit. While attempting to make contact with Hunt, one of the officers noticed a strong smell of gas and a gas shutoff notice on the porch. The officer asked the defendant to step put on the porch to talk. The Buffalo Police and Fire Departments were also called to investigate the smell of gas coming from the residence.
The complaint further states that when Buffalo Police and Fire arrived, Hunt became agitated. As a result, one of the officers attempted to handcuff the defendant but Hunt refused the order to place his hands behind his back and attempted to go back into the residence. In doing so, the defendant struck one of the officers twice in the face, once on the side of the head and once in the mouth. As a result, the officer suffered a scalp bruise and an injured jaw.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.
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 Men Charged with Sex Trafficking MinorsRead 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 Andre L. Barnes, 39, and Christopher N. Johnson, Jr., 29, both of Rochester, NY, were arrested charged by a criminal complaint with conspiracy to sex traffic minors and sex trafficking of minors. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case the case, stated that the according the complaint, Barnes and Johnson began working together in 2010 to sex traffic minors. Their conspiracy continued until July 2013 at which time Barnes went to prison for assaulting one of the prostitutes that he is charged with trafficking in this case. The complaint alleges that Johnson has continued to sex traffic minors and adults by posting advertisements on Backpage.com.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. Barnes, who is currently serving a prison term on a state conviction, is due in court on September 25, 2015 at 3:00 p.m. to determine where he will be detained while the charges are pending. Johnson was detained and will return to court on September 29, 2015 at 4:30 p.m. for a detention hearing.
The arrest was the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Man Sentenced on Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that James Phillips, 31, of Buffalo, NY, who was convicted of conspiracy to defraud the United States, was sentenced to 30 months probation by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on January 27, 2011, the defendant, along with co-defendants Mica Donadelle and Kevin Liburd, conspired to avoid the detection of $162,300 in drug proceeds at the Buffalo Niagara International Airport. Phillips was employed as a baggage handler at the airport at the time and was able to bypass Transportation Security Administration (TSA) screening procedures. The defendant avoided screening and stored the money in an airport bathroom which was later picked up by Liburd.
In addition, between 2006 and December 2012, Donadelle conspired with Liburd and Renwick Samuel and Angel Gonzalez, to distribute cocaine in the City of Buffalo.Donadelle, Samuel and Gonzalez have been convicted and are awaiting sentencing. Liburd was sentenced to eight months in prison.
“Airports utilize strict security and screening procedures for a number of important reasons, chief among them, the safety of the traveling public,” said U.S. Attorney Hochul. “While the defendant’s actions in this case may have only been intended to aid a drug dealer, the potential threat posed by this defendant’s actions could have been far worse.”
Today’s sentencing is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation.
Buffalo Man Sentenced for Wire 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 John Northrup, 37, of Buffalo, NY, who was convicted of wire fraud, was sentenced to 18 months in prison by U.S. Senior District Judge William M. Skretny.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between March 2010 and June 2011, the defendant posted classified advertisements on Craigslist and Backpage.com, offering, among other things, fraudulent employment opportunities in the adult pornography industry.
Specifically, Northrup, referring to himself as the “Porn King,” posted fraudulent advertisements soliciting drivers willing to transport women working in the adult film industry in a fictitious, company-owned Cadillac Escalade. Interested readers were instructed to wire a one-time deposit to the defendant. In total, over 250 people from across the United States and Canada wired over $65,000 to Northrup over 14 months.
The sentencing is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.
Webster Man Charged with Forging Irs Release of LevyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brian Becker, 40, of Webster, NY, was arrested and charged by criminal complaint with falsely impersonating an IRS official and interfering with the administration of the tax laws. The charges carry a maximum penalty of three 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, Becker was the subject of a collections action by the Internal Revenue Service that resulted in the garnishment of his wages and his wife’s wages. Thereafter, the defendant forged an IRS Release of Levy, which he provided to his employer and his wife’s employer. As a result of the fraudulent releases, the employers stopped garnishing the wages of both Becker and his wife.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. Becker was released on conditions.
The criminal complaint is the result of an investigation by Special Agents of the U.S. Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Robert E. O’Malley.
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 Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brian Smith, 42, of Buffalo, NY, pleaded guilty to bank fraud before U.S. Magistrate Judge H. Kenneth Schroeder.
Assistant U.S. Attorneys Maura K. O'Donnell and Russell T. Ippolito, who are handling the case, stated that Smith caused fraudulent loan applications and supporting documentation to be submitted to banks, credit unions, peer to peer lenders, and other business entities. The defendant also defrauded individuals out of funds under the guise of investing their money in real estate, when, in fact, he personally spent the money and did not purchase real estate. Smith also used fraudulent applications to open a credit card and to obtain a Land Rover vehicle. The defendant applied for over $1,000,000 in fraudulent loans. Smith also perpetrated a mortgage fraud scheme, using a straw borrower from Buffalo to obtain fraudulent mortgages for properties in the Atlanta, Georgia area.
A co-defendant, Kelly Atkinson, 32, of Wake Forest, North Carolina, also caused fraudulent loan applications and supporting documentation to be submitted to credit unions and other businesses for the purpose of obtaining loans. The fraudulent loans applied for by Atkinson totaled approximately $460,000. He has been convicted and will be sentenced on January 20, 2016 before U.S. District Judge Richard J. Arcara.
Today’s plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation.
Smith will be sentenced on January 16, 2016, also by Judge Arcara.
Rochester Men Plead Guilty to Receipt of Stolen GoodsRead 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 Igor Kasap, 34, and Arkadiy Kasap, 29, both of Rochester, NY, pleaded guilty to possession of stolen goods before U.S. District Court Judge Charles J. Siragusa. The charge is punishable by 10 years in prison and a $250,000 fine.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendants operated a shipping company located at 500 Trolley Boulevard in Rochester. The shipping company operated under various names, one of which was A.S.A.P. Trans, Inc.
In September, 2011, A.S.A.P. Trans was involved in shipping 16 pallets of synthetic jet engine oil from an Exxon-Mobil plant in Edison, New Jersey to a facility in Portland, Oregon. Each pallet contained 40 cases of oil and was valued at $14,000 per pallet. While in transit from New Jersey to Oregon, one of the pallets was stolen and diverted to the defendant’s Trolley Boulevard warehouse.
The defendants advertised the pallet of stolen oil using eBay in an attempt to sell it. However, investigators saw the online posting and set up an undercover operation during which they recovered the stolen oil from the defendants.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the United States Postal Inspection Service, under the direction of James V. Buthorn, Acting Inspector in Charge of the Boston Division, and Officers and Investigators of the Gates Police Department, under the direction of Chief James VanBrederode.Sentencing is scheduled for January 6, 2016, before Judge Siragusa.
Justice Department Announces over $23 Million in Funding for Body Worn Cameras; City of Rochester to Receive $600,000Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that the City of Rochester is one of 73 local and tribal agencies in 32 states to share in grants awarded by the Justice Department totaling more than $23 million.
The City of Rochester will receive $600,000. The grants will be used to expand the use of body-worn cameras and explore their impact. The investment includes $19.3 million to purchase body-worn cameras, $2 million for training and technical assistance and $1.9 million to examine the impact of their use. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of President Obama’s proposal to purchase 50,000 body-worn cameras for law enforcement agencies within three years.
“Because body worn cameras have the potential to memorialize helpful information for both law enforcement and the public, we applaud this grant for the City of Rochester, said U.S. Attorney Hochul.”
“As we support local leaders and law enforcement officers in their work to protect their communities, we are mindful that effective public safety depends not simply on taking bad guys off the streets, but on winning – and keeping – the confidence of the people these officers are sworn to serve,” said Attorney General Loretta Lynch. “The awards we’re announcing today will enhance our understanding [of this technology] even further, and I am confident that they will help our many local law enforcement partners do an even better job of serving their communities.”
The grants, which require a 50/50 in-kind or cash match, can be used to purchase equipment and require that applicants establish a strong implementation plan and a robust training policy before purchasing cameras. The long term costs associated with storing this information will be the financial responsibility of each local agency.
In addition to funds to help purchase body-worn cameras and train officers in their use, grants under the Bureau of Justice Assistance’s (BJA’s) Smart Policing Initiative will support police departments in Miami, Milwaukee, and Phoenix as they examine the impact of body-worn cameras on citizen complaints, internal investigations, privacy, community relationships, and cost effectiveness. Each of these three departments will partner with a research institution to gain insight on the merits of deploying body-worn camera programs.
Lynch announced the award today during a White House Champions of Change event co-hosted by the Office of Justice Programs and the Community Oriented Policing Services Office (COPS). The event honored law enforcement officers and young people who are leading efforts to improve relationships between law enforcement and youth in their communities.
BJA has launched a comprehensive online toolkit that consolidates research, promising practices, model policies and other tools that address issues surrounding body-worn cameras, including implementation requirements; image retention; concerns of policy makers, prosecutors, victim and privacy advocates; and community engagement and funding considerations. The toolkit is available at: https://www.bja.gov/bwc/.
OJP’s Bureau of Justice Statistics is collecting data on body-worn camera usage through surveys of law enforcement agencies. It is also designing data collection forms for future surveys of prosecutors and public defenders to measure how body-worn camera footage is being used by the courts in criminal cases.
For additional information about the BWC Pilot Implementation Program, visit
http://www.bja.gov/bwc/pdfs/BWCPIP-Award-Fact-Sheet.pdf.About the Office of Justice Programs (OJP)
OJP, headed by Assistant Attorney General Karol V. Mason, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP can be found at www.ojp.gov.
Former Union Officials Sentenced for EmbezzlementRead 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 Betty Martin, 54, and Duane Rush, 44, both of Buffalo, NY, who were convicted of bank fraud, were each sentenced to 12 months in prison and three years supervised release by U.S. District Judge Elizabeth A. Wolford. Martin was ordered to pay restitution totaling $59,683 to the Transportation Aides of Buffalo Union (TAB). Rush was ordered to pay $61,746 in restitution to TAB.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that between 2006 and 2013, Martin served as the President, and Duane Martin served as the Vice President, of TAB, a public employees union comprised of school bus aides employed by the City of Buffalo.
While serving as union officers, Martin stole approximately $61,746 of union funds, and Rush stole approximately $59,683 in union funds from the union’s M&T bank account. The two accomplished these thefts through the use of an M&T Bank debit card, drawn on the union’s bank account, to pay for personal expenditures; by withdrawing cash from the account for personal use; and by writing checks from the union account to themselves. TAB’s treasury was funded by dues paid by union members.
The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation and the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office.
Cattaraugus Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Joseph Tigano, III, 51, who was convicted of manufacturing in excess of 1000 marijuana plants; possession with intent to distribute marijuana; maintaining a premises for the manufacturing of marijuana; conspiracy to manufacture and possess marijuana and maintain a premises for the manufacturing of marijuana; and being a felon in possession of a firearms, was sentenced to 20 years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on July 8, 2008, law enforcement officers executed a search warrant at the defendant’s Mill St. factory. During the search, officers discovered an active hydroponic marijuana grow operation which included 1414 plants. In addition, officers seized 100 pounds of harvested and processed marijuana packaged for sale. The estimated value of the processed marijuana is between $300,000 and $500,000.
Officers also seized three firearms, United States currency, money orders, and savings bonds. Also seized were a 2007 Cadillac Escalade, a 2005 Jeep Cherokee Limited, and a 2007 Haulmark Trailer.
Tigano was arrested on July 8, 2008 along with his father, Joseph Tigano, Sr., who was also convicted and sentenced to time served and three years supervised release.
Today’s 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, with the assistance of the Cattaraugus County Sherriff’s Department, under the direction of Sheriff Timothy Whitcomb, and the Southern Tier Regional Task Force, under the direction of Cattaraugus County Sheriff’s Sergeant Ronald Lott, the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, and the Erie County Sheriff’s Department Aviation Unit, under the direction of Timothy Howard.Depew 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 Mark Newman, 56, of Depew, NY, who was convicted of possession of child pornography, was sentenced to 10 years in prison and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that during this investigation, the Government determined that Newman engaged in a pattern of sexual abuse of a minor. In addition, on September 26, 2012, a search warrant was executed at the defendant's residence. Items seized from Newman’s residence that contained child pornography included a Toshiba laptop computer. A forensic analysis uncovered approximately 300 videos of child pornography stored on the computer. Some of the images depicted prepubescent minors or minors less than 12 years of age, as well as images of violence.
The sentencing is the result of an investigation on the part of Agents of the Federal Bureau of Investigation.
Buffalo Man Pleads Guilty to Food Stamp FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alie Hassan, 29, of Buffalo, NY, pleaded guilty food stamp fraud, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that Hassan owned and operated the Broadway Mart & Deli located at 1358 Broadway Street in Buffalo. From April 2011 to August 30, 2012, the defendant knowingly purchased food stamp benefits for less than their full value for cash.
The plea is the result of an investigation by Special Agents of the U.S. Department of Agriculture.
Sentencing is scheduled for January 13, 2015 at 2:00 p.m. before Judge Wolford.
Rochester Woman Pleads Guilty to Sex Trafficking 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 Jodia Campbell, 33, of Rochester, NY, pleaded guilty to transporting individuals across state lines with intent that the individuals engage in illegal sex acts before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.Assistant U.S. Attorneys Tiffany H. Lee and Melissa M. Marangola, who are handling the case, stated that in April 2013, Campbell transported an adult from New York to the State of New Jersey for the purpose of engaging in prostitution. The defendant used Backpage.com to post ads for the minor.
Campbell was arrested in April 2014 along with Laree Greggs and Jennifer Miller. Greggs and Miller have been convicted and are awaiting sentencing.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
Rochester Man Charged with Possession of Stolen GunsRead 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 his unlawful possession of firearms which had been stolen from the residence at 184 Clay Avenue in Rochester. The charges carry a maximum penalty of 10 years, 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, Robinson entered the residence at 184 Clay Street on September 9, 2015 and stole a gun safe. The safe contained five firearms and numerous rounds of ammunition.
After learning of the burglary, state and federal law enforcement officers essentially shut down the area near Clay and Lyell Avenue in an attempt to locate the stolen firearms. During the execution of a search warrant at 350 Clay Avenue, investigators recovered two firearms, including a Mossberg Maverick Arms 12 gauge shotgun and a Ruger 05806 KMini-30P, 7.62 x 39 mm semi-automatic rifle. The firearms were identified by the victim of the burglary at 184 Clay Avenue as two of the five firearms stolen earlier that day. On September 14, 2015, Robinson was arrested by Rochester Police officers for allegedly operating a stolen vehicle.
Robinson will make an initial appearance on September 18, 2015, at 11:00 a.m. before U.S. Magistrate Judge Jonathan W. Feldman.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, by the Federal Bureau of Investigation, 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.
Lancaster Man Sentenced for Manufacturing MethamphetamineRead 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 Jachimiak, 38, of Lancaster, N.Y., who was convicted of conspiracy to manufacture methamphetamine, was sentenced to 57 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between April 2014 and June 19, 2014, Jachimiak conspired to manufacture and use methamphetamine with others, including codefendant John Ruth, at 97 Field Street in Lancaster where he resided.
In the early morning hours of June 19, 2014, officers from the Lancaster Police Department conducted a trash pull at the residence and seized approximately 736 spent pseudophedrine blister packs, and receipts for the purchase of precursor materials used to manufacture methamphetamine. Later that day, officers and Drug Enforcement Administration special agents executed a NYS search warrant at the residence. Officers seized 3-hydrocholoric acid gas generators, hypodermic needles containing suspected liquid methamphetamine, white, crystalline substance weighing approximately 43.27 grams, Mason jars containing “one-pot” methamphetamine laboratory residue, 1 Coleman fuel bottle, 1 can of Zippo acid, 2 bottles of ammonium nitrate, and other precursors used to manufacture methamphetamine.
Jachimiak and Ruth manufactured methamphetamine numerous times at the residence. At various times, Ruth arranged for other individuals to purchase pseudophedrine tablets and other materials needed to manufacture methamphetamine. Ruth used some of the methamphetamine and sold some of it. The substances seized were sent to the DEA Northeast Regional Laboratory for analysis, which confirmed that the substances contained methamphetamine residue.
John Ruth was sentenced to 57 months in prison.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Lancaster Police Department, under the direction of Chief Gerald Gill.
Lackawanna Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Reginald Royal, Jr., 23, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine within 1,000 feet of public housing property, before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum penalty of 40 years in prison, a fine of $2,000,000, or both."As this case shows, those who choose to turn public housing into a site for illegal drug dealing will pay a very heavy price upon conviction,” said U.S. Attorney Hochul. “We applaud the residents of this project for taking a stand against such criminals."
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on July 9, 2014, the defendant sold crack cocaine to a confidential informant working with Lackawanna Police Officers. The controlled purchase occurred within 1,000 feet of the Gates Housing Project in Lackawanna, The housing facility is owned by the Lackawanna Municipal Housing Authority.
On July 17 and July 18, 2014, Royal again sold crack cocaine base to a confidential informant. The controlled purchases occurred within 1,000 feet of the Baker Homes Housing Project in Lackawanna, another housing facility owned by the Lackawanna Municipal Housing Authority.
Royal was arrested along with 17 others in December 2014. The defendant is the second defendant to be convicted.
The plea is the result of culmination of an investigation by the Federal Bureau of Investigation and the Lackawanna Police Department, under the direction of Chief James Michel.Sentencing will be scheduled at a later date.
Jamestown Woman Arrested on Fraud 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 Alicia Wilson, 37, of Jamestown, NY, was arrested and charged by criminal complaint with access device fraud. The charge carries a penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie Grisanti, who is handling the case, stated that according to the complaint, Wilson, an in-home health care aid, applied for credit cards in the names of the elderly couple she cared for. The defendant used the credit cards online and at local retail establishments in Jamestown and Erie, Pennsylvania, and withdrew cash from local banks.
Wilson made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released.
The criminal complaint is the result of an investigation by the United States Postal Inspection Service under the direction of Acting Inspector in Charge James Buthorn.
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.Canadian Man Found Guilty of $3.5 Million Conspiracy to Defraud the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division announced today that Kevin Cyster, 52, of Burlington, Ontario, Canada, was convicted after a six day jury trial of conspiracy, making a false claim against the United States, and illegally transferring stolen money in foreign commerce. The charges carry a maximum penalty of 30 years in prison and a $7,000,000 fine.Assistant U.S. Attorney John J. Field and Trial Attorneys Jeffrey A. McLellan and Thomas F. Koelbl, from U.S. Department of Justice Tax Division, who handled the prosecution of the case, stated that Cyster was a ringleader of a group of Canadian citizens who forged Internal Revenue Service (IRS) forms to falsely claim that almost $10,000,000 of income had been withheld on their behalf by various Canadian financial institutions. They arranged for the false forms to be filed electronically with the IRS by Ronald Brekke.
Subsequently, Cyster and his co-conspirators used the false filings to file false federal income tax returns seeking refunds based on the fictitious withholding amounts. Although the IRS identified some of the fraudulent returns, refunds totaling more than $3,500,000 were sent to Cyster and his co-conspirators before the scope of the fraud was detected.
Cyster was charged along with Renee Jarvis, Jonathan Neufeld, Christina Starkbaum, Daveanan Sookdeo, Jose Compuesto, and Timothy Johnson. Jarvis has been convicted. Neufeld and Starkbaum are deceased. Charges are pending against Sookdeo, Compuesto and Johnson. 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.
Ronald Brekke was convicted on federal fraud charges in Washington State.
The trial verdict is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.
Sentencing is scheduled for January 4, 2016 at 11:00 am before Chief U.S. District Judge Frank P. Geraci who presided over the trial of the case.
Buffalo Woman Charged with FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a four count indictment charging Tamara Ward, 39, of Buffalo, NY, with bank fraud and making a false statement on a loan application. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the indictment, Ward applied for two separate automobile loans and in each instance provided false information. The defendant falsely represented on each of the applications that she was employed by the Internal Revenue Service, earning an annual salary of $50,000. Ward has never been employed by the IRS.
The indictment is the culmination of an investigation by Treasury Inspector General for Tax Administration (TIGTA), Office of Investigations, under the supervision of Special Agent in Charge, Robert E. O’Malley.
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.
Seneca Nation of Indians to Receive More Than $500,000Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
WASHINGTON, DC. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.The Seneca Nation of Indians has received a $256,500 Justice Systems and Alcohol and Substance Abuse award and a $275,440 Violence Against Women Tribal Governments Program award.
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
“I am pleased that the Department of Justice has awarded this extremely significant amount of money to the Seneca Nation targeted specifically for use on important criminal justice and health issues,” said U.S. Attorney Hochul. “Our Office looks forward to continuing to work with the Seneca Nation in the months and days ahead.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/.Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
Rochester Man Charged with Robbery and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Johnny Blackshell, Jr., 21, Rochester, NY, was arrested and charged by criminal complaint with Hobbs Act robbery, carrying and brandishing a firearm during a crime of violence, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of seven years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorneys Brett A. Harvey and Douglas E. Gregory, who are handling the case, stated that according to the complaint, on August 4, 2015, the Rochester Police Department was called to the 7-Eleven on Lake Avenue for a report of an armed robbery. Officers interviewed the employee on duty who locked herself inside the store office until they arrived. They also reviewed store security videos and determined that two black males entered the store at approximately 12:50 a.m. One of the suspects pointed a handgun at the employee’s head and told her to open the drawer or he would “blow her head off.” The suspects left the store with approximately $150 in cash and some cigars.RPD evidence technicians subsequently processed the scene and recovered two fingerprints, one being a positive match to the defendant. In addition, the store employee picked Blackshell out of a photo lineup.
On August 24, 2015, RPD officers conducted a traffic stop of a gray/green Saturn on Route 490. The driver was identified as the defendant. Inside the car, officers recovered several clothing items that were determined to have been stolen from the Eastview Mall. A further search of the car revealed a handgun in the glove compartment. On August 25, 2015, the 7-Eleven employee who was robbed at gunpoint was shown photographs of the handgun found in the Saturn and stated to officers “I am sure that is the one that was pointed at me.”
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Federal Bureau of Investigation, 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.