Western District of New York

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Karl David Audirsch, 40, of Louisiana, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 87 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to forfeit $945,000 in cash.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the investigation focused on the drug trafficking activities of Letorrance Travis and his associates. On November 6, 2011, agents from the Drug Enforcement Administration and the Federal Bureau of Investigation seized approximately 14 kilograms of cocaine, $176,790 in United States currency, and four vehicles through a series of controlled acquisitions of cocaine and searches of several residences. The organization used minivans with hidden traps, one of which was later found to contain an additional 10 kilograms of cocaine, to transport kilograms of cocaine from Dallas, Texas to Buffalo.

The defendant was arrested in November 2011 along with Letorrance Travis, of Buffalo, and Luis Manuel Zuniga of Texas. Zuniga has also entered a plea and is awaiting sentencing, while Travis was recently indicted in a Racketeering Conspiracy which remains pending as well as this Indictment.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lockport Police Department, under the direction of Chief Lawrence Eggert, the Tonawanda Police Department, under the direction of Chief Jerome Uschold, the Amherst Police Department, under the direction of Chief John Askey, the Lancaster Police Department, under the direction of Chief Gerald Gill and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Damarcus Hennings, 24, Shaquata Hennings, 28, Arthur Clark, 27, Shahana Beaver, 23, and Janice Humphrey, 26, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to distribute marijuana and launder money, and possession of marijuana with intent to distribute.  The marijuana charges carry a maximum penalty of 40 years in prison and a $5,000,000 fine.  The money laundering charge carries a maximum penalty of 20 years in prison and a $500,000 fine.
 
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, between April 2015 and August 2015, the defendants conspired to and received packages containing marijuana that were shipped from Denver, Colorado via a commercial delivery service.  The defendants also conspired to send the cash proceeds from resulting marijuana sales to the supplier in Denver.  In all, more than 100 such packages were shipped to Buffalo during the course of the conspiracy.  Dashawn Abrams, the Denver-based supplier, remains at large.

The five defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Damarcus and Shaquata Hennings are being held in custody pending detention hearings on September 14, 2015, at 10:00 a.m. and 10:15 a.m., respectively, before Magistrate Judge Schroeder.  The other three defendants were released. Beaver and Humphrey return to court on September 14 at 10:15 a.m. for appearances of counsel, and Clark returns to court on September 16 at 10:00 for appearance of counsel.
 
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 Niagara Frontier Transportation Authority Police, undert the direction of Chief George Gast.
 
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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sonja Matos, 28, of Elmira, NY, pleaded guilty to theft by credit union employee, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that the defendant worked for the Corning Credit Union as a Risk Management/Card Services employee. Part of her responsibilities included periodically updating the software of Automated Teller Machines (ATM’s) and loading monies into the ATM’s of the Corning Credit Union. From January 2015 through April 2015, Matos took money for herself on a weekly basis from two ATM’s as she was loading the money into the machines. The defendant stole approximately $40,0000. The deposits of the Corning Credit Union are insured by the National Credit Union Administration.

The plea is the result of an investigation by the Federal Bureau of Investigation.

Sentencing is scheduled for December 19, 2015 at 3:30 p.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Eddie Lee Watson, 64, of Buffalo, NY, pleaded guilty to distribution of fentanyl, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on four dates in April, May, and June 2014, the defendant sold fentanyl patches, and on two of those occasions he also sold oxymorphone (e.g. Opana) pills, to an individual in Buffalo.

The plea is the result of an investigation conducted by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.

Sentencing is scheduled for December 23, 2015, at 11:00 a.m. before Judge Skretny.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Clarence Lambert, 22, of Brooklyn, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit Hobbs Act robbery and use and brandishing of a firearm during a crime of violence. The charges carry a mandatory minimum penalty of seven years in prison, a maximum of life, a fine of $500,000 or both. Under the terms of the plea agreement, Lambert will be sentenced to 25 years in prison.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that the defendant participated in two armed, home invasion robberies. Lambert and co-defendants Earl McCoy and M.N. believed two victims living at a residence on Hayward Avenue in Rochester were involved in the unlawful possession and distribution of controlled substances, including marijuana and cocaine. As a result, the three conspired to rob the victims in their residence at gunpoint. On September 15, 2014, Lambert and Earl McCoy broke into the residence, brandished firearms, and demanded money and drugs from two victims. Lambert and Earl McCoy restrained the victims at gunpoint, searched the residence, and threatened to kill the victims if they called the police. After finding no money or drugs, the defendant and Earl McCoy fled the residence after taking a cell phone belonging to one of the victims.

On October 7, 2014, Lambert, and co-defendants Earl McCoy, M.N., Jessica Moscicki, Gary Lambert, and Jecovious Barnes, went to 49 Polo Place in Rochester to rob a third victim of jewelry, watches, and cash. Moscicki backed a vehicle into the driveway and waited while the defendant, Jecovious Barnes, and Gary Lambert, who were armed with weapons, including a firearm, broke into the residence. Inside the residence, Clarence Lambert beat the third victim and his wife with a firearm while demanding money, jewelry, and watches. The defendant and his accomplices left with approximately $20,000 in United States currency, five loose diamonds, and approximately 20 to 40 luxury watches.
 
Jessica Moscicki then drove the defendant, Gary Lambert and Jecovious Barnes from the robbery to meet Earl McCoy and M.N. at the home of M.N.’s mother on Electric Avenue in Rochester. Earl McCoy and M.N. were given the proceeds of the robbery. M.N. then divided some of the proceeds of the robbery, including luxury watches and cash, among the co-conspirators. M.N. maintained possession of the remaining cash, jewelry, and watches stolen from 49 Polo Place.

On October 14, 2014, Clarence Lambert and Jessica Moscicki entered Rochester Pawn Brokers on State Street in Rochester to provide one of the stolen watches to owner Samuel, Cruz, Jr. As Cruz examined the watch in a back office, law enforcement officers arrived to take the defendant into custody. Clarence Lambert fled on foot but was taken into custody while hiding inside a garage on Frankfurt Street in Rochester.

“On occasion, a particular group is so violent or dangerous that federal prosecution is warranted,” said U.S. Attorney Hochul. “This was such a group and these were such circumstances.”

Jessica Moscicki, Jecovious Barnes, and Gary Lambert, have been convicted and are in custody awaiting sentencing.

Earl McCoy was arrested November 8, 2014 in North Charleston, South Carolina. He is charged with Hobbs Act conspiracy, Hobbs Act robbery, Attempted Hobbs Act robbery, and three counts of use of a firearm during and in relation to a crime of violence. Charges are pending. 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 person identified as M.N. was arrested on May 18, 2015 and is in custody. 
 
The plea is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Delano A. Reid, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesworth, and the Rochester Police Department under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for January 15, 2016 at 1:00 pm before the Judge Wolford.

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 returned a four count superseding indictment charging Daniel Witek, 52, of Buffalo NY, with three counts of mail fraud and one count of interstate transportation of stolen goods.  Each count of mail fraud carries a maximum penalty of 20 years in prison. The interstate transportation of stolen goods charge carries a maximum of 10 years in prison.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the superseding indictment, in the spring of 2013, the defendant was a volunteer at the Buffalo History Museum. While volunteering at the museum, Witek devised a scheme to access and steal certain historical writings addressed to Anson Conger Goodyear that belonged to the museum. The defendant then offered to sell the stolen documents to one autograph dealer in New York City and one in New Jersey. 

The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and released.

The indictment is the result of an investigation by Special Agents of the Federal Bureau of Investigation 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, and the United States Secret Service under the direction of Special Agent in Charge C. Todd Laster.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.--U.S. Attorney William J. Hochul Jr., announced today that William Nehill, 70, of Orchard Park, NY, who was convicted of conspiracy to smuggle merchandise into the United States by false and fraudulent invoices, was sentenced to 90 days in prison, two years of supervised release and ordered to pay $6,246,605 in restitution by United States District by Judge William M. Skretny.

“This case revealed the extent to which some individuals sought to evade the country’s importation laws, while risking the lives of American war fighters in the process,” said U.S. Attorney Hochul. “Today’s sentencing concludes this particular prosecution, and our Office’s commitment to protecting American citizens and industries will continue.”

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated the defendant was an importer of specialty metals. Nehill, through his company International Technology Group, Inc., entered into an agreement with Superior Metal Powders to import magnesium powder from China.

At the time of the agreement, the United States had a 305.56% antidumping duty in place with respect to the type of magnesium powder the defendant was importing for Superior Metal Powders from China. In order to avoid the 305.56% antidumping duty the magnesium was falsely labeled as magnesium reagent. By labeling the magnesium as a reagent, the duty imposed on the shipments was only 5%. The mislabeling resulted in $6,246,605 duty loss to the United States. Unbeknownst to the defendant, the imported magnesium was ultimately used to produce countermeasure flares. 

 Nehill was charged in April 2010 along with Gregory Magness, his son Justin Magness, Charles Wright, and Eldon Bott in a conspiracy to import Chinese magnesium into the United States. All defendants now stand convicted and sentenced.

The sentencing is the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of J. Michael Kennedy, Acting Special Agent in Charge, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Department of Defense Criminal Investigative Service, under the direction of Craig W. Rupert, Special Agent in Charge, Northeast Field Office.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Malisha Mobley, 30, of Buffalo, NY, who was convicted of conspiracy to defraud the government in the filing of false tax returns, was sentenced to three years probation to include six months home detention by U.S. District Judge Richard J Arcara. The defendant has also been ordered to pay restitution totaling $33,016.00 to the Internal Revenue Service and $4,177.00 to the New York State Department of Taxation and Finance.

Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant obtained fraudulent W-2 forms from James Chatmon and used the forms to file false tax returns for tax years 2011, 2012 and 2014.  As a result the defendant obtained tax refunds which she was not entitled to receive.

In addition, Mobley recruited two other individuals to file false tax returns by providing them with the fraudulent W-2 forms obtained from James Chatmon. Those individuals used the forms to file false tax returns for tax year 2012. As a result of the defendant’s actions, losses to the Internal Revenue Service and New York State Department of Taxation and Finance totaled $37,193.00.

James Chatmon was convicted and will be sentenced on October 7, 2015 at 12:00 p.m. by Judge Arcara.

The sentencing 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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Damon Hunter, 25, of Buffalo, NY, pleaded guilty to false declarations before grand jury, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine. The prison sentence may be imposed consecutively to a seven-year New York State term of incarceration that Hunter is currently serving for firearm possession.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the case involved two shootings on the East Side of Buffalo, the murder of Schuele Boys Gang associate Walter Davison on August 26, 2012, and the murder of Quincy Balance and attempted murder of the defendant on August 30, 2012. It is alleged that members of the Schuele Boys Gang believed that Balance and Hunter were involved in the murder of Walter Davison and as a result committed their own fatal and near fatal violence four days later.

During the federal grand jury investigation that has resulted in the indictments of 28 Schuele Boys Gang members and associates, Hunter was subpoenaed to testify about the August 30 shooting. Despite the murder of his friend and his own personal involvement as a victim in the event, Hunter lied about his knowledge of the shooter.

Despite Hunter’s actions, the grand jury eventually indicted Roderick Arrington for the August 30, 2012, shooting.

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.

Sentencing is scheduled for December 21, 2015 at 12:30 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Tyrell Skipper, 25, 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.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 23, 2014, Skipper conspired with co-defendants Michael Robertson, Antwan Steward, and others to distribute cocaine in the City of Buffalo. In addition, the defendant maintained a premises at 2 Cleveland Drive in Buffalo for the purpose of distributing cocaine. During the course of the conspiracy, Skipper was in possession of a firearm.

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.

Skipper is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 12 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.

Skipper will be sentenced on December 18, 2015 at 1:00 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Gregory Magness, 67, of Polk, Pennsylvania, who was convicted of felony charges of conspiracy to smuggle merchandise into the United States and conspiracy to launder money, and his son Justin Magness, 39, of Clymer, NY, who was convicted of a misdemeanor charge of aiding and abetting in the presenting of false documents to United States Customs, were sentenced by Senior U.S. District Judge William M. Skretny.

Gregory Magness was sentenced to 18 months in prison and ordered to pay $6,246,605 in restitution to the United States. Justin Magness was sentenced to one year probation and ordered to pay $4,500 in restitution to the United States.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that Gregory and Justin Magness owned and operated a metal powders business.  During the course of the operation, they became involved with supplying magnesium used to produce countermeasure flares for the United States Department of Defense. Since the defendants could not produce the magnesium domestically, they imported it from China.  However, the United States had a 305% anti-dumping duty in place with respect to magnesium imported from China. In order to avoid paying the 305% duty, the defendants falsely labeled it as a magnesium product only subject to a 5% duty thereby defrauding the United States out of lawful duties.

The sentencings are the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of J. Michael Kennedy, Acting Special Agent in Charge, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Department of Defense Criminal Investigative Service, under the direction of Craig W. Rupert, Special Agent in Charge, Northeast Field Office.
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.

Skipper will be sentenced on December 18, 2015 at 1:00 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Paul Borrelli, 70, of Rochester, NY, who was convicted of illegal gambling and money laundering, was sentenced to three years probation and eight months home detention by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant must also pay a $1,200,000 money judgment and forfeit approximately $3,000,000 in properties, cash and bank accounts.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Borelli conducted an illegal gambling business with co-defendants Mark Ruff and his brother Joseph Ruff. The gambling operation involved sports betting through multiple offshore internet gambling websites and involved at least $76 million in gross wagers. Specifically, between January 13, 2012, and April 25, 2014, Borrelli deposited proceeds of the illegal internet gambling business into a Bank of America account.

Paul Ruff was convicted and sentenced to nine years in prison. Joseph Ruff was also convicted and sentenced to 41 months in prison. Former professional hockey player Nathan Paetsch was also convicted in connection with the gambling ring and sentenced to five years probation to include eight months home detention. All defendants have been convicted and sentenced.

Today’s sentencing is the culmination of an investigation conducted by the Organized Crime Drug Enforcement Task Force, which included the Federal Bureau of Investigation, Internal Revenue Service, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, Rochester Police Department, under the direction of Chief Michael Ciminelli, Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Greece Police Department, under the direction of Chief Patrick Phelan, the Webster Police Department, under the direction of Acting Chief Joseph Rieger, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
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.

Skipper will be sentenced on December 18, 2015 at 1:00 p.m. before Judge Arcara.

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 an indictment charging Michael Martin, 56, of Virginia Beach, Virginia, with conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years and a $250,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that in March 2013, Martin conspired with others, including Christopher Venti, to defraud an investor. According to the indictment, Martin and Venti told the investor that in exchange for a payment of $100,000, they would arrange for a "blocked" bank account to be set up in the victim's name which would pay the victim $1,000,000 after 30 says.

The alleged investment was part of the scheme that involved Martin and other conspirators taking money from victims knowing in fact that there was no account that would pay out $1,000,000.

Christopher Venti has been convicted and for his involvement in investment fraud scheme and is awaiting sentencing.

The  indictment  is  the  result  of  an  investigation  by  the  Federal  Bureau  of Investigation.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
The conviction is the culmination of an investigation conducted by the Arson Task Force, which is comprised of Investigators of the Rochester Fire Department, Rochester Police Department, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Sentencing is scheduled for December 2, 2015 at 9:30 a.m. before Judge Geraci.

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051

BUFFALO,  N.Y.-U.S.  Attorney  William  J.  Hochul  Jr.  announced  today  that Alexander R. Filippone, 24, of Tonawanda, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, methylone, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on three dates in February, March, and April 2013 the defendant sold methylone, which is sometimes sold on the street as “molly,” to an undercover police officer in commercial parking lots in Tonawanda and Amherst, NY.

The plea is the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, and the New York State Police, under the direction of Major Michael Ceretto.

Sentencing is scheduled for January 12, 2016, at 12:30 p.m. before Judge Arcara.

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Jose Valdivia Quinones, 41, a Cuban National of Tampa, Florida, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000 or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Valdivia Quinones fraudulently obtained the credit/debit card numbers of actual people and then encoded counterfeit cards with the information illegally obtained. The defendant then used the counterfeit cards to purchase merchandise at Tops Markets stores in the Towns of Hamburg and East Aurora.

Valdivia Quinones was indicted along with Eduardo Quinones Hernandez, Yasser Carrillo Chartrand, Yaily Santurio Milian, Claudia Diaz Diaz, and Misael Toledo Rios. Hernandez has been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland  Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Michael Cerretto.

Sentencing is scheduled on December 15, 2015, before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Tiffany St. Denis, 26, of Rochester, NY, who was convicted of distribution of drugs to a minor, was sentenced to 41 months in prison by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorneys Tiffany H. Lee and Bradley Tyler, who are handling the case, stated that St. Denis gave drugs to a minor under the age of 18. In addition, between January 2012 and August 2012, the defendant conspired with Otis Willis to entice a female victim under the age of 18 to engage in commercial sex acts. Specifically, St. Denis posted ads for the female victim to engage in prostitution and Willis paid for hotel rooms at a Red Roof Inn.

Willis has been convicted and is awaiting sentencing.

Today’s  sentencing  is  the  culmination  of  an  investigation  on  the  part  of  the Federal  Bureau  of  Investigation'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.

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051

ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr., announced today that Laree  Greggs,  38,  of  Rochester,  NY,  pleaded  guilty  to  conspiracy  to  commit sex trafficking of a minor before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of life 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, Greggs attempted to transport a minor from Rochester to the State of Pennsylvania for the purpose of engaging in prostitution in furtherance of the conspiracy. The defendant used Backpage.com to post ads for the minor.

Greggs was arrested in April 2014 along with Jodia Campbell and Jennifer Miller. Charges  are  pending  against  Campbell.  Miller  has  been  convicted  and  is  awaiting sentencing. 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 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.

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Eddie L. Vaughn, a/k/a Elbow, 35, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to arson of a commercial building and possession of a firearm by a convicted felon. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 30 years, a fine of $500,000 or both. Vaughn also agreed to forfeit a sawed-off shotgun and rounds of ammunition seized in connection with the investigation.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that on September 22, 2013, Vaughn threw a Molotov cocktail into the Miami Deli Grocery at
176 Genesee Street in Rochester. The Molotov cocktail landed on the floor of the store and exploded, spreading fire throughout the building. Both the interior and exterior of the store were burned and extensively damaged.

The Miami Deli Grocery was a business which routinely purchased and sold goods from suppliers within and outside the state of New York and the United States.  As such, the building was used in interstate and foreign commerce, giving rise to the federal arson investigation and prosecution.

In addition, between June 20 and June 26, 2014, the defendant possessed a firearm and ammunition after having been previously convicted of four felonies.
 
The conviction is the culmination of an investigation conducted by the Arson Task Force, which is comprised of Investigators of the Rochester Fire Department, Rochester Police Department, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Sentencing is scheduled for December 2, 2015 at 9:30 a.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y. ‐‐ U.S. Attorney William J. Hochul, Jr. announced today that Nathan Paetsch, 32, of Spencerport, NY, who was convicted of transmission of wagering information and   structuring   transactions  to   evade   reporting   requirements,  was sentenced to five years probation to include eight months home detention, and 400 hours of community service by Chief U.S. District Judge Frank P. Geraci.

The defendant has already forfeited $165,000 including $22,725 in lieu of a 2011 BMW  X5,  $76,941  in  lieu  of  his  interest  in  his  residence  at  25  King  Fisher  Drive,  Spencerport, and $67,197 in lieu of his interest in a residence at 218 Palmetto Dunes Circle, in Naples, Florida. The court also ordered Paetsch to satisfy a $100,000 money judgment.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Paetsch’s was involved in an illegal gambling business with Joseph Ruff, his brother Mark Ruff, both of Connecticut, and Paul Borrelli of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites.

Specifically,   Paetsch   used   wire   communication  facilities,   including   cellular telephones,  to  transmit  in  interstate  and  foreign  commerce,  bets,  wagers  and information which  assisted in the placing of bets and wagers with the illegal internet gambling  business  on  sporting  events  and  contests.  The  defendant’s  involvement included transmitting information over cellular telephones to assist professional hockey players and others he recruited to place bets. Paetsch’s transmissions entitled him to receive money or credit as a result of bets and wagers. The information transmitted by the defendant crossed state lines as well as the international boundary of the United States. The information provided by Paetsch included usernames and passwords to accounts for bettors to place internet wagers, odds on sporting events, credit limits and balances of bettors, making arrangements for the collection of cash payments from bettors in Canada, New York, New Jersey, Pennsylvania, and Florida, and bank account information to conceal payments for gambling debts owed from wagers placed with the illegal gambling business.

With respect to the structuring charges, on multiple occasions between January 2010 and June 24, 2014, Paetsch withdrew and deposited transactions from accounts at financial institutions, including but not limited to First Niagara Bank, in amounts less than $10,000. The defendant was aware that as a domestic financial institution, banks are obligated by law to report transactions in excess of $10,000. At the time that he made the transfers, Paetsch intended to evade the reporting requirements because he knew the funds involved proceeds of the illegal internet gambling business.

Mark Ruff and Joseph Ruff were convicted and sentenced to nine years and 41 months  in  prison  respectively.  Paul  Borrelli  was  also  convicted  and  is  awaiting sentencing on September   8, 2015 at 3:00 pm before Judge Geraci.

The sentencing is the culmination of an investigation conducted by the Organized Crime Drug Enforcement Task Force, which includes the Federal Bureau of Investigation, Internal Revenue Service, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, Rochester Police Department, under the direction of Chief Michael Ciminelli, Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Greece Police Department, under the direction of Chief Patrick Phelan, the Webster Police Department, under the direction of Acting Chief Joseph Rieger, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

Buffalo,  N.Y.‐‐U.S.  Attorney  William  J.  Hochul,  Jr.  announced  today  that  James  M. Meyers, 29, of Lackawanna, NY, who was convicted of possession of child pornography, was sentenced to 30 months     in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on June 24, 2014, the Wyoming County Sheriff’s Department responded to a complaint in the Town of Pike. At that  time, deputies  were given a  digital memory card (SD  card) which  contained  what appeared to be images of child pornography. Subsequent investigation determined that the SD card belonged to the defendant. A forensic analysis determined the images were in fact child pornography. Some of the images contained graphic images of prepubescent children.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and the Wyoming County Sheriff’s Department, under the direction of Sheriff Gregory Rudolph.

 Today’s indictment is the culmination of an investigation by the Federal Bureau of Investigation 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.

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 jury has convicted Paul F. Archambault, Jr., 29, of Buffalo, NY, of production, receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of 50 years, and a fine of $250,000.

Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, Jr., who handled the prosecution of the case, stated that in August 2012, the defendant contacted the minor victim via MeetMe.com, a social networking website. Archambault later enticed that minor victim to engage in sexually explicit conduct for the purpose of producing visual depictions.  The  defendant  was  also  found  guilty  of  two  counts  of  receipt  of  child pornography for images he obtained from the minor victim via email, and one count of possessing child pornography on a SD card, located within one of the defendant’s two cellular phones.

Archambault was previously convicted of possessing child pornography in the Northern District of New York in 2009.

The trial verdict is the result of an investigation on the part of Agents of the Federal  Bureau  of  Investigation,  and  the  United  States  Marshals  Service,  under  the direction of Charles Salina.

Sentencing is scheduled for December 22, 2015 before U.S. District Judge Richard J. Arcara who presided over the trial of the case.
 
 Today’s indictment is the culmination of an investigation by the Federal Bureau of Investigation 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.

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 superseding indictment charging Corey Krug, 40, of Buffalo, NY, with two additional counts of deprivation of rights under color of law. The charges carry a maximum penalty of 10 years and a $250,000.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the superseding indictment, on February 4, 2011, while on duty, Krug used excessive force during the arrest of an individual identified as D.R. causing bodily injury.

In addition, the defendant was indicted on a charge of deprivation of rights under color of law for an incident on November 27, 2014 (Thanksgiving Day). According to a previously filed complaint, Krug pushed an individual known as D.F. to the ground on Chippewa Street, pushed his knee onto D.F’s chest and used his night stick to strike the victim repeatedly in the legs causing pain, swelling and bruising.

In the original indictment returned by the grant jury on August 27, 2015, Krug was charged with deprivation of rights under color of law and filing a false report for an incident on August 29, 2010 while he was on duty. According to the indictment, the defendant used unreasonable and excessive force against an individual identified as M.W. Later that day, Krug filed a use of force report but failed to disclose that he struck the victim during the incident with an “impact weapon” causing bodily injury.

Krug will be arraigned on September 8, 2015 at 10:30 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.
 
Today’s indictment is the culmination of an investigation by the Federal Bureau of Investigation 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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO,  N.Y.-U.S.  Attorney  William  J.  Hochul  Jr.  announced  today  that Kenneth White, 39, of Buffalo, NY, pleaded guilty to sex trafficking before U.S. District Judge William M. Skretny. The charge carries a minimum sentence of 15 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that White utilized force to cause five victims to engage in commercial sex acts between 2006 and 2012. The defendant received all of the money earned by the victims as a result of these acts. White knew that one of the victims was under 18 at the time. The defendant utilized the internet to advertise the victims and solicit customers.

The plea is the result of an investigation on the part of Special Agents of the Federal   Bureau   of   Investigation,   and   the   Internal   Revenue   Service,   Criminal Investigations Division, under the direction of under the direction of Special Agent-in- Charge Shantelle P. Kitchen.

Sentencing is scheduled for December 9, 2015 at 3:00 p.m. before Judge Skretny.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Danelle Christine Wilson, 27, of Tioga, Pennsylvania, who was convicted of possession and sale of a stolen firearm, was sentenced to 21 months in prison by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Wilson and co-defendant, Ciera Leann Bennett, were arrested after an investigation by the Pennsylvania State Police into the theft of a .38 caliber revolver from the  owner, who lived in Tioga, Pennsylvania. On April 26, 2012, Wilson and Bennett transported the stolen .38 caliber revolver from Tioga, Pennsylvania, to Elmira, NY and sold it in order to buy drugs.

On December 31, 2012, the firearm was recovered in Ithaca, NY. Ballistic testing concluded that the firearm had been used in an officer-related shooting in October of
2012 which seriously injured an Ithaca police officer.

Ciera Leann Bennett was also convicted and sentenced to 16 months in prison.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, NY—U.S. Attorney William J Hochul Jr. announced today that Percy Hilson, Jr., 27, of Niagara Falls, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to distribution of cocaine. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that the defendant sold an ounce of cocaine to an unidentified individual on December 10, 2014 in Niagara Falls. Hilson was on Federal Supervised Release from a prior conviction at the time.

Today’s sentencing is the result of an investigation by the Niagara County Drug Task Force, under the direction of Sheriff James Voutour and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.

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  an  indictment  charging  Justin  Vazquez,  29,  of Lackawanna, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the indictment, on January 29, 2015, Buffalo Police officers responded to a domestic incident call at 209 Madison in Buffalo, NY. Vazquez was at the residence of his mother and was threatening to shoot her and two others, including a child, with a loaded firearm in his possession.

Officers  apprehended  Vazquez  in  the  kitchen.  The  mother  told  police  that Vazquez’s gun was located in the back bedroom. A search recovered a loaded Smith & Wesson  AR-15  rifle.  The  defendant  was  previously  convicted  on  a  state  charge  of Aggravated Criminal Contempt and therefore is not allowed to legally possess a firearm.

The defendant will be arraigned on September 3, 2015 before the U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

The  indictment  is  the  result  of  an  investigation  by  the  Bureau  of  Alcohol, Tobacco, Firearms & Explosives, under the direction of Delano A. Reid, Special Agent in Charge.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a three-count indictment charging Jerry Rolon-Alvarez, 36, of Lackawanna, NY, with possession of cocaine and heroin with intent to distribute and maintaining a drug involved premises. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the indictment and a previously filed complaint, in November 2014, a confidential source made a controlled purchase of heroin from Rolon-Alvarez. Prior to the controlled purchase, the defendant was observed departing 47 Colton Avenue in Lackawanna,  and  immediately  after  the  controlled  purchase,  Rolon-Alvarez  was observed returning to the Colton Avenue residence.

On  November  29,  2014,  members  of  the  Lackawanna  and  Buffalo  Police Departments executed a search warrant at 47 Colton Avenue and found Rolon-Alvarez on a bed in the living room. During the search of a cabinet in the kitchen, officers found a large  plastic  bag  containing  suspected  cocaine,  and  two  plastic  wraps  containing suspected heroin. There was also a digital scale with heroin residue and a box containing green glassine envelopes located in Rolon-Alvarez’s jacket. Additionally, $2,280 in U.S. currency was seized from the defendant’s pocket. Rolon-Alvarez was arrested by the Lackawanna Police Department.
 
The defendant will be arraigned on September 3, 2015 before U.S. Magistrate Judge H. Kenneth Schroeder.

The  indictment  is  the  result  of  an  investigation  by  the  Federal  Bureau  of Investigation,  the  Buffalo  Police  Department,  under  the  direction  of  Commissioner Daniel Derenda, and the Lackawanna Police Department, under the direction of Chief James L. Michel.

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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y. ‐‐ U.S. Attorney William J. Hochul, Jr., announced today that Angel Gonzalez, 39, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, was sentenced to time served (29 months) by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between 2006 and December 2010, the defendant conspired with two co‐defendants to possess  and  distribute  cocaine  in  Buffalo.  The  defendants  stored  cocaine  and  the proceeds  of  drug  sales  at  Gonzalez’s  residence  on  Auburn  Avenue  in  Buffalo.  The defendant was paid for allowing the money and drugs to be stored at his residence.

The defendant was arrested in December 2012 along with Renwick Samuel, Mica Donadelle, Kevin Liburd, and James Phillips. All defendants have been convicted.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation'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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Johnnie Jones, 32, of Rochester, NY, who was convicted of online enticement of a minor, was sentenced to 151 months in prison, to be followed by lifetime supervised release by U.S. District Court Judge Charles J. Siragusa. The defendant was also ordered to forfeit all the digital media used in the commission of the crime.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Jones is a Level III Sex Offender as a result of a 2005 Rape conviction in State Court. In 2014, the defendant met and communicated with a minor by mobile telephone and digital tablet using several texting applications. The defendant repeatedly sent the child sexually explicit messages over a period of several weeks and attempted to entice the child into having sex with him. Jones eventually met the child in person and did have sex with her on multiple occasions inside his home. The defendant was convicted of Rape, 3rd Degree, in Monroe County Court for having sex with the child and is awaiting sentencing in that matter in State Court.

When the child tried to stop having contact with Jones, he threatened to kill her, her mother sister. The defendant also said he would “shoot up” the victims’ school.

Until his arrest, Jones lived directly across the street from the George Mather Forbes Elementary School, despite being a registered sex offender.

The case was initially investigated by Officers and Investigators from the Rochester Police Department who in turn, contacted the FBI Child Exploitation Task Force for assistance.

The sentencing is the culmination of an investigation on the part of Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force which also includes the Monroe County Sheriff’s Office and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Christopher Everhardt, 31, of Ovid, NY, was arrested and charged by criminal complaint with receiving and possessing child pornography. The charges carry a minimum penalty of five years in prison and a maximum penalty of 20 years.

Assistant  U.S.  Attorney  John  J.  Field,  who  is  handling  the  case,  stated  that according to the complaint, over a period of at least two years, Everhardt downloaded and offered to trade multiple files containing photographs and videos of child pornography, some involving children as young as five years old.

The defendant made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and is being held. Everhardt is due back in court on September 3, 2015, at 9:00 a.m.

The  criminal  complaint  is  the  result  of/culmination  of  an  investigation  by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Edward Mighty, 38, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of life, a fine of $20,250,000 or both. The defendant will also forfeit over $3,000 in cash seized at 54 Strong Street in connection with the investigation.

“As we have said before, this Office stands ready to use federal tools and resources to assist local law enforcement when appropriate,” said U.S. Attorney Hochul. “The proven ability of our Office to eliminate an entire criminal organization, combined with the substantial sentences facing the members, are just two of the reasons for the public to embrace this approach.” 

Mighty was arrested in February 2015 along with Seymour Brown, Andre Taylor a/k/a Stamma, Ricardo Bailey a/k/a Diji, Robert Wilson a/k/a Bose, and Kenneth Harper a/k/a Frenchy a/k/a Pudge, Desmond Bice a/k/a Dez, and Christopher Samuels a/k/a Cutty, all of Rochester. In addition, Winifredo Gonzales, of Brooklyn, NY, was charged by criminal complaint on February 11, 2015 with conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession of firearms in furtherance of a drug trafficking crime.   

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Mighty is one of the leaders of a Rochester-based drug trafficking organization. The defendant obtained kilogram quantities cocaine from Winifredo Gonzales in Brooklyn that were transported to Rochester. The powder cocaine was processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple sellers in the greater Rochester area. Mighty had several members of his drug trafficking organization utilize their cell phones to conduct the drug business. These individuals include Andre Taylor, Seymour Brown, and Ricardo Bailey. The defendant’s organization supplied numerous upper and mid-level cocaine distributors, including Robert Wilson and Wilson’s partner Kenneth Harper. Wilson further supplied, among other individuals, Desmond Bice. Christopher Samuels worked with Bice in further distributing the cocaine.

On February 10, 2015, law enforcement monitored a vehicle utilized by the organization to transport kilograms of cocaine from Brooklyn to Rochester. Shortly before 2:30 pm, surveillance officers observed the vehicle arrive at 126 New Jersey Avenue in Brooklyn and depart about 15 minutes later. As agents executed a search warrant and arrested Gonzales at 126 New Jersey Avenue, other agents monitored the vehicle as it traveled to Rochester. Inside the Brooklyn residence, law enforcement officers found 17 kilograms of cocaine in a hydraulic secret compartment behind a wall with two handguns, including an UZI 9mm pistol. Agents also seized approximately $70,000 in U.S. currency wrapped in black tape and plastic wrap from a safe.

The vehicle was monitored as it traveled from Brooklyn to 54 Strong Street in Rochester, the center of the Rochester drug distribution activities. The trap car arrived at 54 Strong Street shortly after 10:00 pm. A few minutes later, officers executed search warrants on 54 Strong Street, the trap car, and 319 Alphonso Street. At 54 Strong Street, Mighty was taken into custody along with Bailey, who was the driver of the trap car in which officers later found one kilogram of cocaine in a hydraulic compartment behind the front center vent.  Andre Taylor fled on foot running through the snow-covered backyards, and was taken into custody in the vicinity of 93 Tyler Street, a short distance away. Inside 54 Strong Street, a Glock .40 caliber semi-automatic handgun loaded with 11 rounds of live ammunition, 13 rounds of live .357 caliber ammunition, Western Union receipts, multiple cell phones, drug distribution paraphernalia, and $3,941 in U.S. currency were seized.   

Brown was arrested at his residence at 319 Alphonso Drive in Rochester. During the search of that location, officers seized multiple cell phones, a loaded .357 caliber handgun, and $3,147 in U.S. currency.
 
To date, four defendants have pleaded guilty to drug trafficking and firearms charges.

The plea is the culmination of a joint federal and state wiretap investigation on the part of the Organized Crime Drug Enforcement Task Force, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Philip Vincent, 37, of Niagara Falls, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years and a $250,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the 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. As a prior felon, the defendant was prohibited from legally possessing a gun.

Vincent made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released on home detention. The defendant is due back in court on September 3, 2015 at 10:00 a.m. before U.S. Magistrate Judge Hugh B. Scott.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the U.S. Marshals Service, under the direction of Charles Salina, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.   

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 Hecht, 29, of Buffalo, NY, pleaded guilty to retaliation against a witness before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of life in prison and a fine of $250,000.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that Hecht was arrested along with co-defendants Jose Escalera and Giovanni Cotto for retaliating against a witness who testified in the matter of United States v. Jose Martinez, et al.

On May 23, 2014, Hecht assaulted the victim while in the recreational yard at the Cattaraugus County Jail. The defendant was instructed to do so by Escalera and Cotto who are alleged members of the Latin Kings Gang. Escalera and Cotto told Hecht that the individual was a snitch and asked the defendant to assault the individual in retaliation for his testimony against a fellow Latin Kings member. Hecht agreed because he was told that if he assaulted the individual then the Latin Kings would provide him with protection while the defendant was in prison.

Charges are pending against Escalera and Cotto. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.

Sentencing is scheduled for November 30, 2015 at 1:30 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
 ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Howard E. Brooks, 37, of Elmira, NY, was arrested and charged by a criminal complaint with possession and distribution of child pornography. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that according to the complaint, on February 28, 2015, the Federal Bureau of Investigation determined that a user of an internet account at a residence on Lexington Avenue in Elmira was linked to an online community of individuals who send and receive child pornography online. Subsequent investigation determined that that the user of the account was Brooks, a former teacher at the Elmira Christian Academy School. 

The FBI executed a search warrant at the defendant’s residence on July 13, 2015. Brooks was home at the time and told special agents that he flushed three thumb drives down the toilet in an attempt to destroy them.  Agents were able to recover the thumb drives. A subsequent forensic analysis determined that the thumb drives contained images of child pornography.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson. Brooks was released on conditions and is due back in court on October 2, 2015 at 9:00 a.m. for a status conference.

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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Shannon T. Lewis, 41 of Elmira, NY, who was convicted of production of child pornography, was sentenced to 188 months in prison by U.S. District Court Judge Charles J. Siragusa. The defendant was also placed on supervised release for a period of 30 years and was required to register as a sexual offender. The Court also ordered that the defendant forfeit the digital materials used commit the crime.

“This defendant is currently serving two and a half years in state prison on a rape conviction,” said U.S. Attorney Hochul. “Under federal law, Lewis was sentenced to more than 15 years for recording his sexual abuse of a minor. I applaud the diligent investigation conducted by the FBI and Elmira Police Department which led to a successful prosecution and today’s end result.”

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Lewis was first identified during a sexual assault investigation being conducted by the Elmira Police Department. Officers learned that the defendant harbored at risk minors who ran away from a nearby juvenile facility. While in his custody, Lewis gave the minors drugs, including bath salts. Investigators also learned that the defendant and another adult raped one of the minors, a 16 year old girl, and that Lewis videotaped the rape. Police then contacted the Corning Resident Office of the Federal Bureau of Investigation for assistance.

During the investigation, several homemade, sexually explicit videos of the child were found on the defendant’s computer. The videos showed Lewis hiding the camera in his room before bringing the child in and raping her. The defendant was also seen giving the child victim bath salts before, during, and after the rape.

Lewis was convicted of Rape in Chemung County and is presently serving a sentence of two and a half years in State Prison for that offense.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Corning Resident Office, and members of the Elmira Police Department, under the direction of Chief Michael Robertson.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sheila Cassata, 48, of Amherst, NY, who was convicted of bank robbery, was sentenced to 37 months in prison followed by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on December 26, 2013, co-defendant Michael Mitchell entered the First Niagara Bank on Lyell Avenue in Rochester, NY and passed the teller a demand note threatening the use of weapon. The bank teller froze, Mitchell left without money, and got into a car driven by Cassata who drove Mitchell from the area.

On December 27, 2013, Michael Mitchell entered the KeyBank on Amherst Street in Buffalo and passed the teller a demand note and once again threatened the use of weapon. Mitchell received some money, left the bank and again got into a car driven by Cassata.

Two more similar bank robberies occurred on January 3, 2014 at the M&T Bank on Grant Street in Buffalo and on January 9, 2014 at the First Niagara Bank on Abbott Road in Lackawanna, NY. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lackawanna Police Department, under the direction of Chief James Michel, and Rochester Police Department, under the direction of Chief Michael Ciminelli.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jerry Little, 44, of Rochester, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine. 

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, on August 15, 2015, the defendant entered First Niagara Bank branch located at 2255 Eastridge Road in Rochester. Little approached a bank teller, displayed a note which read “this is a robbery,” and told the teller to give him everything in the top drawer. The teller gave the defendant two envelopes with a specific amount of money in them. Little then fled the scene.

The defendant was apprehended on August 19, 2015 after a member of the community recognized Little from a photograph of the robbery suspect that was issue to the public.

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being detained. Little is due back in court on October 15, 2015, at 9:00 a.m.    

The complaint is the culmination of an investigation by the Federal Bureau of Investigation, the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, the New York State Police, under the direction of Major Craig Hanesworth, the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci, 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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Christopher Wittcop, 44, of Gasport, NY, who was convicted of possessing child pornography, was sentenced to 84 months of imprisonment and 10 years supervised release, by U.S. District Judge Richard J. Arcara.  The defendant will also be required to undergo sex offender treatment and register as a sex offender.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Wittcop possessed child pornography on a laptop computer in Lockport, NY on July 18, 2011. A forensic analysis determined the computer contained over 600 images and video files of child pornography. Wittcopp used peer to peer software to share the images with others through the Internet.

The plea is the culmination of an investigation on the part of officers of the Federal Bureau of Investigation Cyber Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alexis Javier Centeno-Baez, 21, of Buffalo, NY, was arrested and charged by criminal complaint with conspiracy and attempt to possess with intent to distribute 500 grams or more of cocaine.  Each count carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the complaint, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed and revealed two individually wrapped kilograms of cocaine stuffed inside a LEGO box. During a controlled delivery, Centeno-Baez went to the address and retrieved the package.  When Drug Enforcement Administration Agents approached to arrest him, the defendant left the package in his car and fled on foot.  Agents pursued Centeno-Baez and apprehended him about three blocks away.

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on September 2, 2015 at 10:00 a.m.

The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Fred Suchan, 33, of West Seneca, NY, pleaded guilty to distribution of oxycodone, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on three dates in September and October 2010, the defendant sold or attempted to sell OxyContin and Opana tablets to an undercover police officer in a commercial parking lot on Abbott Road in Orchard Park. On the last occasion, officers seized a 9 mm rifle, a loaded 9 mm magazine, and additional 9 mm ammunition from Suchan’s vehicle.

The plea is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the Orchard Park Police Department, under the direction of Chief Mark Pacholec.

Sentencing is scheduled for December 10, 2015, at 12:30 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Tywone Smothers, 36, of Buffalo, pleaded guilty to conspiracy to distribute marijuana before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison, and $250,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 2014, Smothers conspired with Damario James and others to distribute marijuana in the City of Buffalo.

The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.

Smothers is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 11 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.  

Smothers will be sentenced on December 10, 2015 at 1:00 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Taj Williams, 30, of Rochester, NY, was arrested and charged by criminal complaint with causing or attempting to cause malicious damage or destruction, by means of fire or explosives, of a building used in interstate commerce. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a $250,000 fine. 

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that according to the complaint, on January 18, 2015, the defendant set fire to the Chili Express convenience store at 989 Chili Avenue in Rochester using a Molotov cocktail.  A fire previously occurred at the store on November 5, 2012, which ruined much of the merchandise and caused structural damage.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and is being detained pending a court appearance on October 2, 2015, at 9:00 a.m.    

The complaint is the culmination 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 Rochester Fire Department, Fire Investigation Unit, under the direction of Chief John Schreiber, 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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ronald Carter, 60, of Niagara Falls, NY, who was convicted of conspiracy to distribute over 500 grams of cocaine, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between December 2010 and April 4, 2011, Carter distributed multiple quantities of cocaine in the Niagara Falls area. On April 4, 2011, officers executed a search warrant at the defendant’s 10th Street residence and seized 1.3 kilograms of cocaine, three kilograms of marijuana and $51,913 in United States currency.  

The defendant was arrested along with four others. Carter is the fourth defendant to be convicted.

The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Phillip A. Krehan, 32, currently of Addison, Maine, formerly of North Tonawanda, NY, who was convicted of pharmacy robbery, was sentenced to time-served and three years of supervised release by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on May 9, 2013, Krehan walked into the Walgreens Pharmacy at 1066 Payne Avenue in North Tonawanda and threatened a pharmacy employee while demanding fentanyl patches and Opana tablets. The defendant made away with 40 fentanyl patches and 240 Opana tablets.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the North Tonawanda Police Department, under the direction of Chief William R. Hall.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that James Humphrey, Jr., 41, 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 is handling the case, stated that the defendant, along with co-defendants, distributed multiple quantities of cocaine between 2009 and January 2010. Humphrey traveled to Ohio to obtain quantities of cocaine for distribution. The defendant was arrested along with four others. All five defendants have now been convicted. 

Items seized during the execution of search warrants executed at the time of the arrests of the defendants 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. 

The sentencing is the culmination of any investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that six drug houses used by the Anderson family drug trafficking organization are being demolished following a historic agreement reached between the City of Buffalo and the U.S. Marshals Service. The houses were forfeited as a result of the Office’s prosecution of the Anderson organization. All members of the organization have been convicted, with Theresa Anderson receiving a sentence of 188 months in prison. 

U.S. Attorney Hochul was joined by Buffalo Mayor Byron Brown, United States Marshal Charles Salina, NYS Police Captain Steven Nigrelli, Drug Enforcement Administration Resident Agent in Charge John Flickinger and Deputy Buffalo Police Commissioner Kim Beatty as the wrecking ball began to tear down these neighborhood eyesores. 

 “Drug dealing in houses such as this has the potential to cause physical, psychological and emotional harm to an entire neighborhood,” said U.S. Attorney Hochul. “By removing this blight, law enforcement and the City send a strong message that Buffalo continues to make positive progress, while restoring confidence to those who call this community home. We look forward to continuing our efforts to make Buffalo and its neighborhoods safer and healthier places to live.”

"This is what it’s really about when we take something and then turn it back over to the community and revitalize a neighborhood,” said City of Buffalo Mayor Byron Brown. “Today’s demolition is the first of six demolitions of forfeited properties from the Theresa Anderson drug prosecution and marks the end of a long chapter. This was a team effort to make our city even better and it worked. The partnership between the City of Buffalo, the United States Attorney’s Office and the United States Marshals Service has proven to be a significant tool in strengthening the quality of life in our community and fighting crime, contributing to the over 25% drop in overall crime in Buffalo since 2005.”
From approximately 2005 to 2012, the Anderson drug trafficking organization controlled drug sales in a multi-block neighborhood on the East Side of Buffalo, including Swinburne and Deshler Streets. The organization employed family members to sell crack cocaine on a daily basis, and engaged in violence in order to monopolize narcotics sales in the area.  Organization members also purchased several homes in the area which were used for selling and storing the illegal narcotics.

As part of the prosecution, over $50,000 in U.S. Currency was seized and eight drug houses were forfeited. Two of the houses were destroyed by fire. The remaining six properties will be demolished by the City of Buffalo working in conjunction with the U.S. Marshals Service.  The demolitions will be paid for by funding from the federal asset forfeiture program. These funds include the illegal proceeds of criminal activity.

Hochul further stated “The work that begins today is the largest and most wide ranging demolition of forfeited drug houses that has occurred to date in the United States. “By using forfeiture funds to pay for the demolition, we are not only taking the profit out of criminal activity, we are using the money of criminals to pay for improving the neighborhood by removing visible reminders of their past crimes.”

 The six properties being demolished are:

• 41 Deschler
• 54 Deschler
• 19 Swinburne
• 26 Empire
• 39 Empire
• 214 Hutchinson
 
Two other drug houses, 31 and 74 Deshler Street, burned down earlier this year.

Theresa Anderson was arrested in February 2012 along with eight others: Steven Butler; Dion Anderson; Melvin Calhoun; Anquensha Hodge, a/k/a Anne Anderson; Wymiko Anderson, a/k/a Red; Toshia Hodge, a/k/a Toshia Anderson; Tajia Anderson, a/k/a Porkchop; and Leo Mellerson; all of Buffalo. Five of these defendants are either children or grandchildren of Anderson. A sixth defendant is Anderson's husband and the two others are boyfriends of Andersons' daughters. All nine have been convicted and sentenced.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Angelo Cruz, of Rochester, N.Y., 39, pleaded guilty to conspiracy to distribute 280 grams or more of crack cocaine before U.S. District judge Frank P. Geraci. The charge carries a mandatory minimum penalty of 20 years and a maximum of life, and a $10,000,000 fine.

“This case – like so many before it – demonstrates the success of using federal tools to combat violent gang activity,” said U.S. Attorney Hochul. “We will continue to be engaged in such investigations when appropriate situations arise.”

Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that while pleading guilty in court to the drug charge the defendant also admitted to assisting in the murder of Francisco Santos at the Seneca Indian Reservation in Erie County, N.Y., in October 1998. The murder was part of a drug trafficking conspiracy in the Rochester area, which included cocaine, crack cocaine, heroin and marijuana, from 1993 to March 2011.

The victim, Francisco Santos, was a member of the drug distribution conspiracy and was believed to have stolen drugs and money from other members of the conspiracy. In retaliation for the theft, members of the conspiracy assaulted Santos and slashed Santos across the side of the head with a knife. Sometime after the beating, the co-conspirator who slashed Santos on the head was arrested for the assault.

To further retaliate for the original theft and to prevent Santos from testifying against the co-conspirator on the assault charge, Cruz admitted that he and a group of other co-conspirators found Santos and drove him to the Seneca Indian Reservation. Once at the reservation, they took Santos down a dirt path behind some trees where Santos was stabbed to death and buried in a shallow grave. Cruz admitted to having been present and observed Santos being stabbed while he was acting as a lookout. 

Also charged in the Santos murder: James Kendrick, Pablo Plaza, born in 1972, Pablo Plaza, born in 1976, and Janine Plaza Pierce, the mother of Kendrick and the older Plaza.  The trial of remaining defendants is expected to take place later this year and June 2016.   
 
The plea is the culmination of a joint investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division, under the direction of Special Agent in Charge Delano Reid, and the Rochester Police Department, Violent Crime Team/Firearms Suppression Unit, under the direction of Chief Michael Ciminelli. Numerous federal, state and local law enforcement agencies assisted in the investigation, including the New York State Police, under the direction of Major Craig Hanesworth; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy B. Howard; the Federal Bureau of Investigation; the United States Drug Enforcement Agency, under the direction of Special Agent in Charge James J. Hunt, New York Field Division. Also assisting in the investigation was the Schenectady County District Attorney’s Office, under the Direction of District Attorney Robert M. Carney.

Sentencing is scheduled for January 4, 2016 at 9:30 a.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
Buffalo, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Frank Garcia, 54, of Florida, who was convicted of fraud affecting a financial institution, was sentenced to 87 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $10,609,903.92 of which approximately $2,500,000 million will be paid to M&T Bank.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant is the former owner of Federal Guaranty Mortgage Company in the State of Florida. Garcia recruited “straw buyers” to obtain mortgages from M&T Bank and other financial institutions then misrepresented their assets and liabilities, failed to record the liens on the properties in the county clerk=s office and failed to pay off pre-existing liens on the properties when they were transferred from one owner to another.

Furthermore, the defendant directed employees of Federal Guaranty Mortgage Company to prepare loan packages for borrowers. The employees were then directed to sign the documents acting as the loan officer. The loan documents were then sent to the investor financial institutions, including M&T Bank. The loan proceeds for the fraudulent loans were subsequently wired into the account of a company associated with Federal Guaranty Mortgage Company.

Ignacio Huergo, 44, of Florida, an employee of Federal Guaranty Mortgage Company, was convicted of concealing massive financial institution fraud and sentenced to two years probation with six months to be served on home confinement. He was also ordered to pay restitution in the amount of $736,254.25 to M&T Bank.
 
The sentencing is the culmination of an investigation on the part of Special Agents of the Agency Federal Bureau of Investigation.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
 BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ignacio Huergo, age 44, of Miami, Florida, was sentenced by U.S. District Judge Richard J. Arcara to 2 years’ probation, with six months to be served on home confinement, for his conviction for concealing massive financial institution fraud.  Huergo was also ordered to pay restitution in the amount of $736,254.25 to M&T Bank.

 Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Huergo worked for Garcia’s companies, Federal Guaranty Mortgage Company (FGMC) and Guaranty Reality and Investment (GRI) as a bookkeeper and tax preparer between 2006 and 2008.  During that time, Huergo became aware of the business practices of Garcia, and knew that Garcia used him and another person as straw buyers as part of this vast mortgage fraud scheme.  The defendant also knew that Garcia manipulated financial statements that Huergo drafted, which were sent to financial institutions, indicating that FGMC had a minimum net worth of over $1,000,000.  Knowing about the fraud and the two ways it was perpetrated, Huergo failed to notify the authorities of Garcia’s fraud, resulting in a $24 million dollar loss to various financial institutions.  One such institution, M & T Bank, was defrauded out of approximately $4.4 million.

 Garcia has previously pleaded guilty to his part in this $24 million financial institution fraud scheme.  GARCIA is scheduled to be sentenced on August 24, 2015.

 The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation under the direction of Special Agent-in-Charge, Brian P. Boetig.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.- The United States Attorney’s Office announced today that Michael Anthony Young, 49, of Buffalo, N.Y., pleaded guilty to obtaining information from a protected computer, before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. The charge carries a maximum penalty of 1 year in prison and a $100,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that Mr. Young, a former employee at the Erie County Department of Motor Vehicles, used his position as a Motor Vehicle Representative to solicit and accept bribes for his assistance in passing permit examinations.  After failing an examination on one or more occasions, Mr. Young would provide the correct answers to individuals in advance of the test.  After the applicant had received a passing score due to Mr. Young’s assistance, Mr. Young would complete paperwork containing the false passing score which would then be inputted into the DMV computer systems so that the individual would be mailed his or her permit.

The plea is the result of an investigation by Special Agents from the Department of Homeland Security, Homeland Security Investigations, and Investigators from the New York State Department of Motor Vehicles, Division of Field Investigations.

Sentencing is scheduled for November 19, 2015 at 11 A.M. before Judge Schroeder.