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 James Parish, 31, of Carlsbad, California pleaded guilty to conspiracy to distribute 100 kilograms or more of marijuana and money laundering conspiracy, before U.S. District Judge Richard J. Arcara. The marijuana distribution conspiracy carries a maximum penalty of 40 years in prison and a $5 million fine, and the money laundering conspiracy charge carries a maximum penalty of 20 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between January and September 2014 the defendant sent packages of marijuana from the Carlsbad, California area to Western New York, where the marijuana was then distributed and more than $800,000 in proceeds from the marijuana distribution shipped back from Western New York to the defendant in California
The investigation featured numerous successful law enforcement interceptions and discoveries.  For example, On August 21, 2014, the Drug Enforcement Administration (DEA) seized a package that a person was attempting to ship at a local shipping company. The package contained $66,705 in United States currency. On that same date, the DEA seized a second package containing $77,000 in United States currency that was shipped to a shipping company in Carlsbad, California. On September 26, 2014, DEA agents executed a search warrant at co-conspirator Benjamin Golembiewski’s Buffalo residence and seized $224,123 in United States currency.
Regarding seizures of drugs, on September 18, 2014, Parish dropped off two large boxes at the shipping company in Carlsbad to be shipped to the Buffalo area. These boxes were seized by the DEA and found to contain a total of 30 pounds of marijuana.
The investigation concluded on September 30, 2014, when the defendant traveled from California to Buffalo to collect approximately $600,000 in payments for the shipped marijuana. Parish, who was arrested at the Buffalo Niagara International Airport, was planning to stay at a hotel on Genesee St. in Cheektowaga. The investigation determined that Parish shipped a box to the hotel in his name, and upon locating the box, discovered that it contained an AirSoft Gun, a taser, a bullet proof vest, a knife, handcuffs, a flashlight, a tourniquet strap, a bandage kit and a GPS tracking device.
Defendant Golembiewski previously pleaded guilty to money laundering conspiracy and is pending sentencing.
The plea is the result of an investigation on the part of DEA Special Agents, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George W. Gast.
Sentencing is scheduled for December 9, 2015, at 1:00 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 jury has returned a guilty verdict on all ten counts against Ronald Epps, 47, of Amherst, N.Y., The charges included wire fraud, mail fraud, arson, possession of Molotov Cocktails, maintaining a premises for drug trafficking, felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 35 years in prison, a maximum of life, a $1,500,000 fine or both.

“Today’s verdict is believed to be the first instance where this Office has used the federal fraud laws to convict a murderer,” said U.S. Attorney Hochul.  “This Office will continue to use all of the resources at our disposal to rid our streets of dangerous predators.”  
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that the defendant was accused of murdering his fiancée, Angela Moss, on August 27, 2009 in order to collect on the victim=s life insurance policy which listed Epps as the sole beneficiary.  Ronald Epps and Angela Moss were engaged to be married and lived together on Cascade Drive in the Town of Amherst. Previously, on July 2, 2009, Epps and Moss went to a State Farm Insurance branch to make changes to Moss= life insurance policy. At the time, Epps was a minor beneficiary. The $100,000 policy was changed, making the defendant the sole beneficiary.  

On  August 27, 2009, Moss left her place of employment at Absolut Care on Armor Road in Orchard Park at 11:00 p.m. The victim was last seen getting into the passenger seat of her car. Moss= body was discovered at 6:00 a.m. the following morning on California Road by colleagues heading into work. The prosecution argued that the defendant waited in the victim=s car then drove to California Road where Epps shot Moss once in the back of her head and left her body on the side of the road. The victim=s car was also found abandoned nearby.

On September 1, 2009, Epps filed a claim with State Farm Insurance, attempting to collect on Moss=s life insurance policy. To date, the defendant has not received any insurance money related to the policy on the late Ms. Moss.

Following Moss=s murder, the defendant remained in the apartment the two had lived in together. On August 1, 2010, Epps obtained a renter=s insurance policy from State Farm Insurance. The jury found that on October 13, 2010, Epps set fire to the vacant apartment next door with Molotov Cocktails. On this occasion, the damage to the defendant=s apartment was minimal. On October 15, the defendant also fire to his own apartment. On May 31, 2011, Epps received $3,769 from State Farm Insurance for damages to his property.

The jury also found the defendant guilty of using his apartment for distributing cocaine.  Several witnesses testified that they purchased cocaine and marijuana from the defendant at 21 Cascade Drive.  Amherst police officers testified that they seized cocaine, pills, and drug paraphernalia from the defendant’s residence on August 25, 2010.

The case was the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Steven Dickey, the Orchard Park Police Department, under the direction of Chief Michael Pacholec, and the Amherst Police Department, under the direction of Chief John Askey.

Sentencing is scheduled for December 10, 2015, at 12:30 p.m. before Judge Richard J. 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 STEVEN RAY, 49, of Brockport, NY, was arrested and charged by indictment with tampering with a witness. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine or both.
 
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the indictment charges RAY with knowingly intimidating, threatening, and corruptly persuading a witness to prepare and sign an affidavit containing what the defendant knew to be false statements with the intent to influence, delay, and prevent the testimony of that witness in RAY’S pending sentencing in Federal Court.

In February, RAY pleaded guilty to one count of mail fraud and one count of forging treasury checks. At that time, RAY admitted to cashing more than 120 forged United States Treasury Checks worth more than $400,000. The checks were stolen from the New York City Area as well as from other parts of the United States. Ray would get the stolen checks mailed to him via the United States Postal Service at his Brockport home.

During that investigation, federal agents identified at least 13 area bank accounts controlled by the defendant under various names. The defendant would take the stolen Treasury Checks he received by mail and then deposit them across these accounts. Many of the checks belonged to people who received Social Security payments, tax refunds, and other money drawn from the United States Treasury to help the intended recipients. As a result of the defendant’s scheme to defraud, Ray obtained more than $405,000 to which he was not otherwise entitled.

The conduct in the new indictment is alleged to have occurred while RAY was out of custody awaiting sentencing.

The indictment is the culmination of an investigation on the part of Inspectors from the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the Direction of Special Agent in Charge of the New York Field Office, Shantelle P. Kitchen.

The defendant was arraigned yesterday afternoon before U.S. Magistrate Judge Marian W. Payson and was ordered held pending a detention hearing. The hearing is scheduled for August 21, 2015 at 2:30 p.m. before U.S. Magistrate Judge Marian W. Payson.

The fact that the 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 Benjamin Golembiewski, 28, of West Seneca, N.Y., pleaded guilty to money laundering conspiracy, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,600,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on August 22, 2014, the defendant shipped a package containing $77,000 in United States currency, which was marijuana sale proceeds, to a co-conspirator in Carlsbad, California.
On September 26, 2014, Drug Enforcement Administration agents executed a search warrant at Golembiewski’s residence, which was in Buffalo at the time, and seized $224,123 in United States currency, three firearms and ammunition, and a 65-inch television.
The plea is the result of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George W. Gast.
Sentencing is scheduled for December 9, 2015, at 12:30 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 Joseph S. Cumbo, 36, of Rochester, N.Y., who was convicted of bank robbery, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that the defendant robbed the Bank of America located at 5091 Broadway Street in Depew, N.Y., of $2,100 on February 18, 2014.  As part of his plea and sentencing, Cumbo also admitted to robbing the Citizens Bank located at 1722 Walden Avenue, Cheektowaga, N.Y., of $1,240, on January 25, 2014; and the Bank of America located at 9 N.Main Street, Pittsford, N.Y., of $3,700 on January 9, 2014.  In all three robberies he used a demand note claiming that he had a gun.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig; detectives with the Depew Police Department, under the direction of Chief Stan Carwile; detectives with the Cheektowaga Police Department, under the direction of Chief David Zack; the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick M. O’Flynn; and detectives with the Greece Police Department, under the direction of Chief Patrick D. Phelan.

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 two-count indictment charging Michael C. O’Neill, 45, of Wheatfield, N.Y., with unlawfully making a destructive device and unlawfully possessing a destructive device. The charges carry a maximum penalty of ten years and a $250,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on July 21, 2015, the Niagara County Sheriff’s Department responded to a call regarding an injury at 6761 Walmore Road in Wheatfield. When emergency crews arrived, they discovered that the defendant had a significant injury to his lower leg. Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage where an explosion had occurred.
Officers noticed what appeared to be an area where explosives were being manufactured and explosive powder and BB’s in plain view. The bomb squad discovered what appeared to be seven improvised explosive devices, one was labeled “Powder w/Nails.” Other items discovered included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a box of triple seven pellets and a plastic bottle labeled as triple seven powder.
A subsequent x-ray exam of the device labeled “Powder w/Nails” determined that nails were packed into the device. It was disassembled and found to contain multiple nails, BB’s and suspected flash powder.  A check determined that O’Neill does not have any firearms or destructive devices registered under the National Firearms Act.
The defendant will be arraigned on August 18, 2015, at 10:00 a.m. before United States Magistrate Judge Hugh B. Scott. O’Neill remains detained in the custody of the United States Marshals Service on the charges.

The indictment is the result of/culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Daryl Vandermark, 44 and Judi Strong, 43, of Amherst, N.Y., appeared before Magistrate Judge H. Kenneth Schroeder, Jr. for an initial appearance on the Criminal Complaint filed August 6, 2015.  The Complaint charges them with violating Title 21, United States Code, Sections 952, 960(a)(1) and 963 and Title 18, United States Code, Section 545.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on July 30, 2015, the defendants attempted and conspired to import into the United Sates a Schedule I controlled substance, specifically Alpha-PVP, and imported merchandise contrary to law.
The criminal complaint is the result of an investigation by Special Agents of 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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Morgan Bush, 33, formerly of Cuba, N.Y., pleaded guilty to theft of mail matter by a postal employee and was sentenced to three years’ probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between January 1, 2014 and April 30, 2014, while working as a City Carrier Assistant assigned to the Cuba, New York Post Office, the defendant took and opened between 100 and 200 greeting cards which had been entrusted to him and which had come into his possession as part of his duties as a carrier.  If the cards contained cash, the defendant took the cash and disposed of the cards, envelopes and any other content at various locations along his route.  If the cards did not contain cash, the defendant resealed the envelopes with tape and returned the mail to the regular delivery stream.  As part of his sentence, the defendant was ordered to pay a $400 fine, which represented the amount of money he admitted taking from the greeting cards.
The prosecution is the culmination of an investigation by the U.S. Postal Service, Office of Inspector General, Eastern Area Field Office, under the direction of Special Agent in Charge Monica Weyler.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Thomas Goodyer, 44, of Halifax, Nova Scotia, Canada, pleaded guilty to conspiracy to import 100 kilograms or more of marijuana into the United States from Canada, before U.S. District Judge Richard J. Arcara. The charge carries a minimum of 5 years and maximum of 40 years penalty of imprisonment and a $2,000,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on or about November 5, 2005, Daniel Hebert entered the United States at the Peace Bridge port of entry in Buffalo, NY, driving a tractor trailer.  Hebert and the tractor trailer were sent to secondary inspection, and a search resulted in the seizure of multiple plastic wrapped packages containing a green, leafy substance, weighing approximately 145 kilograms, inside 7 cardboard boxes hidden among boxes containing frozen waffles.  After Miranda warnings were waived by Hebert, he told Immigration and Customs Enforcement (“ICE”) Agents, among other things, that the marijuana was to be delivered to a man named "Brian" at Jim's Truck Plaza in Cheektowaga, NY.  Hebert agreed to cooperate, and after the marijuana was removed from the boxes, the boxes were returned to the trailer.  Agents surveilled Hebert as he drove the tractor trailer to Jim's Truck Plaza, and met a white male, who then entered a white conversion van.  Agents surveilled the white van and Hebert, as he drove the tractor trailer, to Pilot Air Freight on Broadway in Buffalo, where Hebert backed the tractor trailer into the rear of the parking lot.  Agents observed the white van back in next to the tractor trailer, and two males (later identified as Thomas Goodyer and Brian Brady), exit the van and walk to the rear of the tractor trailer.  The trailer doors were opened and Goodyer and Brady were arrested as the boxes that had contained marijuana were handed to them.

ICE agents administered Miranda warnings to Thomas Goodyer, which he said he understood and waived, both orally and in writing, before agreeing to be interviewed.  Among other things, Goodyer stated that: he received a call from Brian Brady within the week before the date of arrest and was asked whether he wanted to make “some quick cash;” Brady did not tell Goodyer how much he was going to make; Goodyer asked what he had to do to make the money and Brady said that Goodyer would have to ride along as they drove 150 pounds of marijuana to Boston, MA; Goodyer was going to be paid part of the money Brady made for delivering the marijuana; Goodyer crossed into the United States at the Peace Bridge on November 5, 2005 at approximately 10:13 p.m. and met Brady at a Citgo station near the Peace Bridge; Goodyer followed Brady to his ex-wife’s trailer in Cheektowaga, where Goodyer left his vehicle; and Goodyer stayed overnight with Brady while arrangements were made with Hebert, and then got into the van with Brady.

On November 7, 2005, a criminal complaint was filed in United States District Court for the Western District of New York charging Goodyer with offenses related to the importation and possession with intent to distribute marijuana that occurred on November 5, 2005.  On November 9, 2005, Goodyer appeared before a federal Magistrate Judge, who ordered Goodyer released with various conditions, including that he post $10,000 bail and attend all court proceedings.  Goodyer signed an acknowledgement of the conditions of his release and an appearance bond.  Goodyer was required to attend a plea proceeding scheduled to occur before the District Court on December 21, 2006; however, he failed to appear, and an arrest warrant was issued for the defendant.

Approximately 145 kilograms (over 310 pounds) of marijuana is the amount involved in the defendant’s relevant conduct encompassed in the Indictment that could be readily proven by the government against the defendant.

The plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, and United States Customs & Border Protection under the direction of Rose Hilmey, Acting Director of Field Operations.

Goodyer is scheduled for sentencing on November 19, 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 Jennifer Konidis, 47, of Buffalo, N.Y., pleaded guilty to access device fraud on August 13, 2015 before U.S. District Judge Elizabeth Wolford.  The charge carries a maximum penalty of 10 years imprisonment and a $250,000 fine.

 Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that the defendant, who had over 15 years of experience in the banking industry, authorized a man she met online to send credit cards to her home even though she knew that the credit cards had been obtained by fraud and without the true account holder’s knowledge or authority.  Between July 17, 2013 and October 28, 2013, the defendant allowed thirty-one unauthorized access devices to be sent to her home and used nine of them to obtain or attempt to obtain things of value in excess of $20,000.
The plea is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Shelly A. Binkowski.
Sentencing is scheduled for November 12, 2015 at 10:00 a.m. before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul Jr. announced today that Kasandra Weeks, of Rochester, NY, pleaded guilty to sex trafficking using coercion, before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that between June and August of 2013, Weeks and co-defendant Steven Jones approached an adult female while she was walking down Jay Street in Rochester. Weeks and Jones offered her drugs and drove her to a hotel in Henrietta. When the female victim asked for a ride home, Weeks and Jones agreed but instead drove her to Lancaster, NY. While in Lancaster, the two coerced the victim to engage in prostitution by refusing to drive her back to Rochester.

Weeks posted ads for the victim as an escort using the internet classified advertising website, Backpage.com. The victim engaged in commercial sex acts and gave the proceeds to Weeks and Jones. Eventually, the victim was able to escape.

Weeks was arrested along with Jones and five others in February 2015. She is the first to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing will be scheduled at a later date.

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 F. Venti, 46, of Hamburg, N.Y., pleaded guilty to wire fraud and tax evasion before U.S. District Judge Elizabeth Wolford.  The wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine.  The tax evasion charge carries a maximum possible sentence of 5 years in prison and a $250,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that the defendant pled guilty to devising and executing schemes to defraud and to obtain money from individuals by misrepresenting the existence and success of investment opportunities in order to convince these victims to transfer funds to him or to bank accounts he controlled.  The defendant admitted engaging in three separate investment schemes between May 2011 and February 2014 as a result of which investors were defrauded of approximately $7.7 million.   The defendant, without the authorization of the investors, utilized a portion of these investor funds for personal use.
The defendant also admitted that between 2006 and 2012, he filed Individual Income Tax Returns with the Internal Revenue Service on which he willfully evaded the payment of approximately $216,000 in taxes due and owing on the income reported on such returns.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, and by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent in Charge Shantelle Kitchen. 
Sentencing is scheduled for December 9, 2015 at 10:00 a.m. before 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 Edward Green, 28, of Buffalo, N.Y., pleaded guilty to possession with intent to distribute and distribution of cocaine base within 1,000 feet of public housing property, before Magistrate Judge Leslie G. Foschio.  The charge carries a mandatory minimum term of 1 year in prison and the maximum possible sentence of 40 years in prison, a fine of $2,000,000, a mandatory $100 special assessment and a term of supervised release of 6 years up to life.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on August 18, 2014, the defendant sold approximately 3 grams of cocaine base, a Schedule II controlled substance, to a confidential informant working with officers of the Lackawanna Police Department (LPD).  The controlled purchase, observed by the LPD officers occurred within 1,000 feet of the Baker Homes Housing Project in Lackawanna, New York.  On August 19, 2014, the defendant sold approximately 2 grams of cocaine base, a Schedule II controlled substance, to a confidential informant working with the LPD officers.  The controlled purchase, observed by the LPD officers, occurred in the vicinity of Bethlehem Street in Lackawanna, New York.

The plea is the result of the culmination of an investigation by: Special Agents of the Federal Bureau of Investigation, under the direction of Brian Boetig; Special Agents of the Drug Enforcement Administration, under the direction of Michelle Spahn, Resident Agent in Charge; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Steven Dickey, Resident Agent in Charge; and the Lackawanna Police Department, under the direction of James L. Michel, Chief of Police.

Sentencing is scheduled to be set by Judge Skretny.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.- U.S. Attorney William J. Hochul Jr. announced today that Aaron William Postma, 21, of Ontario, Canada, who was convicted of Conspiracy to Import LSD into the United States, Conspiracy to Distribute LSD, Importation of Controlled Substances, Possession of LSD with Intent to Distribute, and Smuggling Merchandise into the United States, was sentenced to two years of probation by U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on September 24, 2014, U.S. Customs and Border Protection officers arrested Postma after he entered through the Peace Bridge Port of Entry.  They found in his possession three sheets of blotter paper containing 150 hits of lysergic acid diethylamide (LSD) and quantities of marijuana and ketamine.  Postma, a student at the University of Waterloo studying biochemistry, was travelling to meet a co-conspirator in Florida, then to peddle his LSD at a music concert in Atlanta, Georgia.

Text messages from Postma’s two cell phones revealed that he was selling LSD for $15 per hit.  Postma sold and offered LSD, cocaine, Mollies, and a variety of narcotics to his fellow students in college.  Ironically, Postma believed that his biochemistry studies gave him insight into safely creating, mixing, and ingesting drugs.

The sentencing is the result of an investigation by Homeland Security Investigations, the Border Enforcement Security Team, and Customs and Border Patrol.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jaime Fontanez, 46, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 63 months in prisonby U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on February 3, 2014, U.S. Postal Inspectors searched a suspicious parcel shipped from Puerto Rico to 72 Jewel Street in Rochester. Inspectors found three kilograms of cocaine concealed in aluminum cans containing sliced papayas. The next day, a court-ordered transmitter was placed on the parcel and a U.S. Postal employee, assisted by Drug Enforcement Administration agents and Rochester Police Department officers, delivered the package to 72 Jewel Street.

The defendant arrived at 72 Jewel Street and sent his nephew, Daniel Acevedo, 33, inside to collect the package. Shortly after Acevedo entered the residence, officers raided the residence and arrested Acevedo and Fontanez.
 
Acevedo was convicted and sentenced to 37 months in prison.
 
The sentencing is the culmination of an investigation on the part of the Rochester Police Department, under the direction of Chief Michael Ciminelli, the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski, 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
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, who was convicted of possession of counterfeit money, was 45 days and three years probation by U.S. District Court Judge David G. Larimer.

Assistant U.S. Melissa M. Marangola, who handled the case, stated that on March 1, 2015, law enforcement officers responded to 453 Hollenbeck Street in Rochester to investigate a possible burglary in progress. As officers approached the defendant, they learned he had an outstanding warrant on an unrelated matter. Williams was arrested and taken to the Monroe County Jail. While there, officers removed $1,140.00 in counterfeit United States currency the defendant. The money was then examined by Secret Service agents who determined it was counterfeit.

The sentencing is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.

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 two-count indictment charging Arafat M. Nagi, 44, of Lackawanna, NY, with attempting to provide material support and resources, namely, personnel, to a foreign terrorist organization, ISIL. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Timothy C. Lynch and Joseph M. Tripi, who are handling the case, stated that according to the indictment, between November 2012 and August 2014, and again from early 2015 to July 29, 2015, the defendant attempted to provide material support and resources, and personnel, specifically himself, to a designated foreign terrorist organization, namely, the Islamic State of Iraq and the Levant (“ISIL”). 

According to a complaint filed earlier in the case, on August 28, 2014, a community member advised the Federal Bureau of Investigation that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs.

Further investigation determined that the defendant pledged allegiance to ISIL and the leader of the terrorist group, Abu Bakr al Bagdadi. Investigators learned that the defendant traveled to Turkey on two occasions, in October, 2012 and July 2014 with the intention to meet with members of the group. Evidence revealed that prior to this trip, the defendant purchased a large number of military combat items, including a tactical vest, army combat shirt, body armor, Shahada Flag, combat boots, backpack, burn kit, a hunting knife, machete and night vision goggles.

During follow up interviews in December, 2014 and March 2015, the community member who alerted the FBI regarding Nagi’s actions stated that the defendant still possessed radical political and religious views. According to the individual, Nagi was angry about the killing of rebels in Yemen which he blamed on the United States; pledged an oath to ISIL leaders; expressed agreement with ISIL tactics, including the killing of innocent men, women and children; and planned to travel to Yemen and Turkey again soon.  

Today’s indictment is the culmination of an investigation by the Federal Bureau of Investigation Joint Terrorism Task Force which includes the Amherst Police Department, the Buffalo Police Department, the U.S. Department of State, the Federal Protective Service, Immigration and Customs Enforcement, Homeland Security Investigations, the Internal Revenue Service, the New York State Police, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, U.S. Border Patrol, U.S. Customs and Border Protection, and U.S. Customs and Border Protection/Air and Marine Branch. Additional assistance was provided by the New York State Attorney General’s Office.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brian Jaszczak, 24, of Cheektowaga, NY, who was convicted of obstruction of the mails, was sentenced to time served by U.S. Magistrate Judge Jeremiah J. McCarthy.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Jaszczak was formerly employed by the United States Postal Service as a mail carrier. Last December, the defendant discarded mail that had been entrusted to him for delivery.  A concerned citizen reported Jaszczak to authorities after capturing him on video surveillance throwing mail into a garbage tote.

The sentencing is the culmination of an investigation by Special Agents of The United States Postal Service, Office of the Inspector General, under the direction of Monica Weyler.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Corey Krug, 40, of Buffalo, NY, was who was recently charged by criminal complaint with deprivation of rights under color of law, has now been indicted by a federal grand jury on another charge of deprivation of rights under color of law involving a separate incident. The defendant was also charged with filing a false report. These new charges carry a maximum penalty of 10 years in prison and fine of $250,000.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the indictment, on August 29, 2010, while on duty, 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.

On August 12, 2015, Krug was charged by criminal complaint with deprivation of rights under color of law. According to that complaint, in the early morning hours of November 27, 2014 (Thanksgiving Day), the defendant 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.

Krug will make an initial appearance on the complaint on August 28, 2015 at 2:00 p.m. at which time he will also be arraigned on the charge included in the indictment.
 
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 Corey Krug, 40, of Buffalo, NY, was charged by criminal complaint with deprivation of rights under color of law. The charge carries a maximum penalty of 10 years in prison and fine of $250,000.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the complaint, in the early morning hours of November 27, 2014 (Thanksgiving Day), an individual known as D.F. was standing in a parking lot on Chippewa St. in downtown Buffalo when he was accosted by a uniformed police officer identified as the defendant.

The complaint states that Krug grabbed D.F., pushed the victim against a car parked in the lot, and pushed D.F. to the ground. While the victim was on the ground, the defendant 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.

The complaint further states that according to D.F., the victim heard another police officer tell Krug to stop. The defendant stopped hitting D.F. and did not arrest the victim. Once D.F. stood up, he realized his cell phone fell out of his pocket on the ground near Krug. The defendant stomped on the phone before kicking it towards D.F.

The confrontation was captured on video by WKBW Channel 7 and was reviewed by FBI Special Agents.

The defendant will make an initial appearance at a later date. Krug is currently suspended by the Buffalo Police Department.

The complaint 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 Mica Donadelle, 43, of Buffalo, NY, pleaded guilty to conspiracy to distribute five kilograms or more of cocaine before U.S. District Judge William M. Skretny. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on January 27, 2011, the defendant, along with co-defendants Kevin Liburd and James Phillips, conspired to avoid the detection of $162,300 at the Buffalo Niagara International Airport. The defendants met at parking lot across the street from the airport at which time, Donadelle gave the money to Phillips. An airport employee at the time, Phillips bypassed screening procedures and stored the money in an airport bathroom which was later picked up by Liburd.

In addition, between 2006 and December 2012, Donadelle conspired with Liburd, Phillips, and Renwick Samuel and Angel Gonzalez, to distribute cocaine in the City of Buffalo.
 
Phillips, Liburd, Samuel and Gonzalez have been convicted and are awaiting sentencing. 

Today’s plea is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation which includes the Amherst Police Department; Buffalo Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Cheektowaga Police Department; Erie County Sheriff’s Office; Hamburg Police Department; Lancaster Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; U.S. Border Patrol; 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 Orlando Justice, 27, of Rochester, NY, pleaded guilty to assaulting a United States Postal Service mail carrier before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Justice assaulted a mail carrier by threatening him with an assault-style rifle.  The assault occurred after the mail carrier refused to deliver mail to defendant’s residence because he had been attacked by dogs. Subsequently, Justice also falsely claimed that the mail carrier had sprayed him with mace.

The plea is the culmination of an investigation by the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for October 19, at 2:30 p.m. before Judge Larimer.

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 Alvarado, 44 of Chicago, Illinois, who was convicted of trafficking in counterfeit goods, was sentenced to time served (10 months) and three years’ supervised release by U.S. Senior District Court Judge William Skretny.

Assistant U.S. Attorney Kathleen A. Lynch, who handled the case, stated that on July 17, 2013, Alvarado entered a jewelry store located in Amherst, NY and offered a counterfeit “pre-owned” Rolex watch for sale. The defendant presented identification and a social security card as well as a local address and telephone number. The jeweler inspected the watch and found several known specific characteristics of Rolex watches, including the glass face tint color, location of serial numbers, fonts used, and color of gears inside the watch. The jeweler paid $2,200 by check for the watch, which Alvarado subsequently cashed at a bank across the street. An expert for Rolex Watch, U.S.A. subsequently examined the watch and determined that it bore a counterfeit Rolex “Crown Device” mark and that the watch and movement of the watch were not made or manufactured by Rolex. The retail pre-owned value of the genuine Rolex watch was $6000.

The defendant is being detained on outstanding warrants in other jurisdictions for similar offenses.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Nicholas Matthew Skvarla, 33 of Rochester, NY, who was convicted of receipt and possession of child pornography following a non-jury trial, was sentenced to 72 months in prison and five years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Aaron J. Mango and Bradley E. Tyler, who handled the case, stated that between May 2008 and September of 2008, the defendant used a file sharing internet program to receive and distribute child pornography. The images included prepubescent minors engaged in sexually explicit conduct.

The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick M. O’Flynn, the Federal Bureau of Investigation, and the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Michael T. Williams, 50, of Rochester, NY, pleaded guilty to sex trafficking of a minor before U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorneys Tiffany H. Lee and Bradley E. Tyler, who are handling the case, stated that between January 2012 and February 2012, the defendant enticed a female victim who was under the age of 18 to engage in commercial sex acts. The victim, who was 16 years old, was taken to a Caroline Street address by Williams. The defendant had pictures taken of the victim which were advertised on "Backpage.com." The victim told investigators that all of the money she received after meeting the men and performing sexual acts was turned over to Williams.

The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations

Sentencing is scheduled for November 9, 2015 at 11:15 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 Jordan Ali, 35, of Arizona, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 100 kilograms or more of marijuana, as well as a separate charge of money laundering conspiracy, before U.S. Magistrate Judge Leslie Foschio. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life and a fine of $10,000,000.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2004 and February 1, 2012, the defendant conspired with others to distribute large quantities of cocaine and marijuana in the Buffalo area.  In April 2009, Ali and co-defendant Shane Grafman began assisting one another in their drug distribution businesses. The defendants obtained the narcotics in the State of Arizona, and then utilized several methods to send the marijuana and cocaine to the Buffalo area, including cars, trucks, shipping crates and United States Postal Service parcels. Grafman also utilized private jets to travel from Arizona to Buffalo to pick up his drug proceeds.  

During the investigation, law enforcement officers seized approximately $1,000,000 in United States currency, including $671,385 from a hidden compartment within a Honda Ridgeline driven by Grafman.

As part of his plea, the defendant admitted that he distributed between five and 10 kilograms of cocaine and more than 100 kilograms of marijuana during the course of his crimes.

"As law enforcement has now demonstrated for the second time this week, this Office will continue to target those who poison our community with large quantities of illegal narcotics," said U.S. Attorney Hochul.

A total of six defendants have been arrested in this case, four have been convicted. Grafman was convicted and is awaiting sentencing.

The plea is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy; Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Shantelle P. Kitchen; United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski; Federal Bureau of Investigation; Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; Niagara Frontier Transit Authority, under the direction of Chief George Gast; Tempe, Arizona Police Department; Apache County, Arizona Sheriff's Department; and Oklahoma State Police.

Sentencing will be scheduled at a later date.

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 in Buffalo has returned a two-count indictment charging Peter Kalimu, 48, of Buffalo, NY, with making false statements both in his application for naturalization as a United States Citizen and to Special Agents of the Department of Homeland Security. The charges carry a maximum penalty of 15 years in prison, a fine of $250,000 or both. Kalimu also faces automatic revocation of his U.S. citizenship if convicted of making a false statement on his application for naturalization.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the indictment, the defendant, a native of Rwanda, concealed the fact that he previously used the name “Fidele Twizere.” An individual named “Fidele Twizere” has been identified as an alleged member of the majority Hutu tribe who participated in the genocidal atrocities perpetrated against the minority Tutsis. This followed the April 6, 1994 assassination of Juvenal Habyarimana, the president of Rwanda at the time.

The indictment states that Kalimu answered “none” to the question on his naturalization petition that asked “If you have even been known by any other names, provide them below.” In November 2014, the defendant provided a letter to Homeland Security agents claiming that he had never used another name (other than Peter Kalimu) and that he did not use any other name (other than Peter Kalimu) in Rwanda. These statements prevented the Department of Homeland Security, which is responsible for determining if foreign nationals are qualified to become U.S. citizens, from fully investigating the defendant’s background to determine if he was the “Fidele Twizere” that was allegedly involved in the 1994 Rwandan genocide.

The defendant will be arraigned on August 12, 2015 at 10:30 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

The Indictment is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

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 Robert J. Palermo, 31, of Rochester, NY, who was convicted of conspiracy to murder a witness, was sentenced to 135 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Tiffany H. Lee and Robert A. Marangola, who handled the case, stated that Palermo, who was in jail on pending federal charges of conspiracy to commit sex trafficking and sex trafficking of a minor, attempted to obtain a hitman to murder the 15 year-old female sex trafficking victim. Over the telephone and in letters, the defendant spoke to multiple individuals about his plot to have a hitman murder the victim in order to prevent her from testifying against him.

To bring the murder plot to fruition, Palermo provided the victim’s name, description and directions to an address as well as the phone number for a person outside of jail for the hitman to contact on behalf of Palermo. Law enforcement officers learned of the plot before any harm came to the victim. 

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, and Special Agents of the Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, 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
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr, announced today that Ciera Leann Bennett, 23, of Lawrenceville, Pennsylvania, who was convicted of possession and sale of a stolen firearm and transportation of a stolen firearm over state lines, was sentenced to 16 months in prison by U.S. District Judge Frank P. Geraci.
 
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Bennett was arrested after an investigation by the Pennsylvania State Police into the theft of a .38 caliber revolver from owner, Peggy Bennett, who lived in Tioga, Pennsylvania.  On April 26, 2012, Bennett and co-defendant Danelle Wilson 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.     

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, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Janis Tonis, 32, and Veronika Krutova, 26, of Latvia, who were convicted of conspiracy to commit wire fraud, were sentenced to time served (seven months) by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendants, along with other co-conspirators, defrauded financial institutions and victim businesses by sending false wire transfer requests. Participants in the scheme used stationary from victim businesses to authorize wire transfer requests at the financial institutions. The defendants attempted to defraud a total of $80, 928 from the financial institutions.

The defendants also defrauded online purchasers of motor vehicles by posting cars for sale online, the defendants instructed the buyers to send money to bank accounts they controlled and then took the money and disappeared without ever delivering a vehicle.  The loss amounts total $32,300. 

The sentencings are the culmination of an investigation on the part of Special Agents of Immigrations and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Daniel Sayre, 31, of Horseheads, NY, pleaded guilty to production of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum sentence of 15 years in prison, a maximum of 30 years and a $250,000 fine.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that between January 2014 and February 2015, the defendant produced a sexually explicit video and still images of a minor related to him who was under the age of 12. The defendant used a computer and a Samsung camera to produce these images.
 
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the New York State Police, under the direction of     Major Craig Hanesworth, and the Chemung County District Attorney’s Office, under the direction of Weedon Wetmore.

Sentencing is scheduled for November 4, 2015 at 10:00 a.m. before Judge Siragusa.

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 an indictment charging Herman E. Aguirre, 41, of Brea, CA, Troy R. Gillon, 41, of Lockport, NY, Darryl J. Williams, 43, of Williamsville, NY, Maulana Lucas, 41, Niagara Falls, NY, and Shirley Grigsby, 40, Buffalo, NY, with conspiracy to possess with intent to distribute heroin, fentanyl, and cocaine and possession with intent to distribute heroin, fentanyl and cocaine. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum life, and a $20,000,000 fine.

“In this time of heightened concern regarding multiple overdose deaths in our community, the seizure of a trifecta of dangerous and potentially deadly drugs - cocaine, heroin and fentanyl - is both highly significant and extremely good news for our area,” said U.S. Attorney Hochul. “Our law enforcement partners are working aggressively to track down these traffickers who are bringing nothing but danger and in too many cases death to the streets of our neighborhood.”

"In a broad sense, these arrests give the public a good idea how poly-drug trafficking organizations are being tracked down by law enforcement,” said DEA Special Agent in Charge James J. Hunt. “We are not only targeting the very top of the drug hierarchy who disseminate large quantities of heroin, cocaine and fentanyl but we are also focused on the distributors throughout the country. We not only want to seize as much of this poison as we can, but in this case we are also snatching away their drug proceeds, crippling these organizations financially.  Our efforts are centered on targeting these drug entities who are trafficking multiple addictive drugs, dismantle them on all levels and continue our fight against addiction to powerful drugs."

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated according to the indictment, between June 2013 and July 29, 2015, the defendants conspired to possess and distribute heroin, fentanyl, and cocaine in Western New York,  primarily Lockport and Niagara Falls.

During the course of the investigation, law enforcement officers in Western New York, California and Nebraska seized a total of 40 kilograms of cocaine, 17 kilograms of heroin and eight kilograms of fentanyl. The seized fentanyl alone represents one of the largest seizures of fentanyl ever in the United States. In addition, law enforcement tracked $13,000,000 in cash flowing from an area bank to California.

According to information provided in Court, the investigation began in March 2014. Defendants Gillon and Williams received large quantities of narcotics from Herman Aguirre’s “seafood” warehouse in Montebello, California and then distributed the drugs to others in the Western New York area including Trent Adair Hamilton and Michael Paul Mitchell. Hamilton and Mitchell were arrested in connection with this case in March 2015. The defendants are charged with conspiracy to possess with intent to distribute and to distribute heroin. Hamilton is also charged with possession with intent to distribute and to distribute heroin. Mitchell is facing an additional charge of possession with intent to distribute and to distribute crack cocaine.

According to a complaint filed earlier in the case against defendants Lucas and Grigsby, on March 23, 2015, Buffalo Police received a call regarding a family dispute at 98 Folger St. After they arrived, officers received written consent to search the residence and found three duffle bags which contained approximately eight kilograms of fentanyl and 24 kilograms of cocaine.

The 32 kilograms of drugs seized at 98 Folger Street were submitted to the Erie County Central Police Services for analysis. A chemical analysis of the substance inside the first kilogram was determined to be pure fentanyl, which is extremely dangerous, if not fatal, if ingested. As a result, the analysis of the drugs was suspended due to the danger of ingestion of airborne fentanyl.  The investigation was thereafter completed in a federal laboratory.    

Defendants Grigsby, Lucas, Gillon and Williams have been arraigned and are being detained. Herman Aguirre was arrested in California and is being held pending further proceedings. Trent Hamilton is being held, Michael Mitchell was released on conditions.

Today’s indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the DEA Los Angeles Field Division, the Niagara County Drug Task Force and Niagara County Sheriff’s Office, under the direction of Sheriff James Voutour, the Niagara County District Attorney’s Office, under the direction of Michael Violante, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Erie County District Attorney’s Office, under the direction of Frank Sedita, the Erie County Central Police Services Forensic Laboratory, under the direction of John Simich, the Lockport Police Department, under the direction of Chief Lawrence Eggert, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, the Town of Tonawanda Police Department, under the direction of Chief Jerome Uschold, the New York State Office of the Attorney General, New York State Parole, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of J. Michael Kennedy, Acting Special Agent in Charge, the Federal Bureay of Investigation Safe Streets Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and Customs and Border Protection, Office of Air and Marine, under the direction of Brian Manaher, Director, Marine Operations.

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 Aaron T. Holmes, 44, of Buffalo, NY, who was convicted of possession and distribution crack cocaine, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S Attorney Thomas S. Duszkiewicz, who handled the case, stated that Holmes sold crack cocaine to an individual working for the Federal Bureau of Investigation on eight separate dates in 2013. During those purchases, the FBI observed the defendant engaging in drug transactions with 16 other individuals during surveillance of the undercover purchases. During this same time period, Holmes was arrested three times by Buffalo Police. Each arrest followed the execution of a search warrant at the defendant’s residence. On December 3, 2013, the FBI executed a search warrant and recovered quantities of crack cocaine, drug paraphernalia, $2,184 in United States currency and a sophisticated surveillance system.   

The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Otis Willis, Jr., 33, of Rochester, NY, pleaded guilty to conspiracy to commit sex trafficking of a minor before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of life in prison and a $250,000 fine. The plea was entered during the trial of this case.

Assistant U.S. Attorneys Tiffany H. Lee and Bradley Tyler, who are handling the case, stated that between January 2012 and August 2012, the defendant conspired with Tiffany St. Denis 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. 

Tiffany St. Denis has been convicted and is awaiting sentencing.

The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

Sentencing is scheduled for November 10, 2015 at 3:00 p.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 that today Anselmo Barilla, 48, of Rochester, NY, pleaded guilty before U.S. District Court Judge Charles J. Siragusa to filing a false tax return with the Internal Revenue Service.  The charge carries a maximum penalty of three years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant was self-employed as a mason in Rochester. For the tax years 2007 and 2008, Barilla underreported the amount of income he had received from his mason business. The total amount of unreported income was $171,364, resulting in the failure to pay federal taxes in the amount of $56,152.

The plea is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.

Sentencing is scheduled for November 4, 2015, at 10:30 a.m. before Judge Sirgusa.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Carvis McCutcheon, 35, of Lackawanna NY, who was convicted of conspiracy to possess with the intent to distribute crack cocaine, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney John M. Alsup, who handled the case, stated that the defendant conspired with others to sell crack cocaine in Lackawanna. In February 2013, McCutcheon sold crack cocaine on two occasions within 1000 feet of the Gates Public Housing Complex in the City of Lackawanna.

“Residents living in public housing projects, including those with families, children and the elderly, deserve the same safety and security as every American,” said U.S. Attorney Hochul. “Today’s sentencing makes it clear that law enforcement will not allow drug traffickers to contaminate these areas with their dangerous and often violent criminal endeavors.”

The sentencing is the culmination of an investigation on the part of the Lackawanna Police Department, under the direction of Chief James Michel 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 Bandar Alsaidi, 28, and his brother, Talal Alsaidi, 31, of both of Buffalo NY, pleaded guilty to unauthorized use of food stamp benefits before U.S. District Judge Richard J. Arcara.  The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.

 Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendants participated in the operation of a business known as Big Boys Food Market located at 1129 East Ferry Street in Buffalo. On November 18, 2011, Bandar Alsaidi signed an application to accept food stamps as the sole proprietor of Big Boys. The store was authorized to accept food stamps beginning on January 18, 2012.

Between April 2012 and May 2013, the defendants, and others, knowingly purchased food stamp benefits for less than their full value for cash from eligible beneficiaries. Retailers are prohibited from exchanging cash for food stamps. During this time period, the defendants each exchanged approximately $147,658.28 of food stamp benefits for cash.

 The plea is the result of an investigation by the United States Department of Agriculture, Office of Inspector General, under the direction of Special Agent in Charge William G. Squires Jr. and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

Sentencing is scheduled for November 3, 2015 at 12:30 p.m. before Judge Richard J. 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 Harry Hinks, 49, of Niagara Falls, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana and 500 grams or more of cocaine, was sentenced to 63 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, the defendant organized the distribution of 20-30 pounds of marijuana per week from the Akwesasne Indian Reservation to Niagara Falls. The marijuana was then distributed in the Western New York area.

 On April 4, 2011, Hinks was intercepted during a telephone conversation discussing the purchase of two kilograms of cocaine with do-defendant Dennis Berard. The cocaine was going to be purchased by co-conspirator Ronald Carter for further distribution.

 Dennis Berard was sentenced to 57 months in prison. Ronald Carter was convicted and is awaiting sentencing. 

 The sentencing 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 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 Eldon Bott, 67, of Bringham City, UT, who pleaded guilty conspiracy to commit money laundering, was sentenced to two years probation by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to forfeit $55,660.00 and pay a $5,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant and Gregory Magness arranged to become a source of supply for magnesium used in the production of countermeasure flares. Bott thereafter entered into an agreement with ESM Group, Inc., whereby he was compensated based on the amount of magnesium ESM sold for the production of countermeasure flares.

Between December 2003 and continuing through October 2006, the defendant sold magnesium powder used in the production of countermeasure flares for the United States Department of Defense. During this time period, the Department of Defense had a restriction that the magnesium used to produce countermeasure flares for the Department of Defense could not be from a foreign source. Aware of this restriction, the defendant knew that the magnesium blend that had been and continued to be sold for use in the production of countermeasure flares for the DoD contained atomized magnesium from China. Bott prepared certificates, relied on by the DoD, that misrepresented the supplied magnesium.

In April 2010, Gregory Magness, Justin Magness, William Nehill, Charles Wright, and Eldon Bott were charged with participating in a conspiracy to import Chinese magnesium into the United States. All defendants now stand convicted.

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 Edward T. Bradley, 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 Spencer Rogers, 51, of Buffalo, pleaded guilty to conspiracy to distribute more than five kilograms of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and $10,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 2014, Rogers purchased cocaine from a source and distributed the cocaine to Antwan Steward, Michael Robertson and others for re-distribution in the Buffalo area.

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.

Rogers was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. To date, 10 of the defendants have been convicted. On March 24, 2015, an additional seven members and associates were indicted. Four other Schuele Boys members were indicted separately. In July 2015, a 28th defendant was also arrested.  

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.  

Rogers will be sentenced on November 2, 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 Eduardo Hernandez Quinones, 46, a native of Cuba, pleaded guilty to conspiracy to commit bank fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Hernandez fraudulently obtained the actual credit/debit card numbers of people and then encoded counterfeit cards with the information illegally obtained. The defendant and his co-conspirators then used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, some of the defendants used the counterfeit cards to purchase gasoline from area gas stations and then re-sold the gasoline for cash. 
 
Quinones was charged along with five others Yasser Carrillo Chartrand, 23, Claudia Diaz Diaz, 21, Yaily Santurio Millian, 31, Jose Valdivia Quinones, 40 and Misael Toledo Rios, 39, all citizens of Cuba legally present in the United States. The fact that a defendant has been charged in an indictment 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 for November 2, 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 Arafat M. Nagi, 44, of Lackawanna, NY, was arrested and charged by criminal complaint with attempting to provide material support and resources, namely, personnel, to a foreign terrorist organization, ISIL. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

“Our continuing fight against international terrorism today returns to Western New York,” said U.S. Attorney Hochul. “As alleged, Arafat Nagi pledged allegiance to the Islamic State and the leader of this terrorist organization. After buying military combat gear, he traveled twice to Turkey in an effort to help the group. Thanks to the combined efforts of law enforcement and community members, this defendant is no longer capable of achieving his goal of joining the most despicable group of our time.”

“The FBI has a responsibility to ensure that our law enforcement and intelligence agencies are positioned to identify existing or emerging threats,” said FBI Special Agent in Charge Brian Boetig. “Joint Terrorism Task Forces (JTTF) serve as the national platforms for deterring, detecting, and disrupting terrorist machinations. The JTTF in Buffalo relies on community engagement to gain perspectives on radicalization and to deter recruitment and the spread of radicalization messages. We continue to call upon people to contact law enforcement if they know of someone who has been influenced by ISIL rhetoric on social media – powerful propaganda that calls for followers to commit quick and unpredictable violent acts.”

Assistant U.S. Attorneys Timothy C. Lynch and Joseph M. Tripi, who are handling the case, stated that according to the complaint, on August 28, 2014, a community member advised the Federal Bureau of Investigation that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs.

Further investigation determined that the defendant pledged allegiance to ISIL and the leader of the terrorist group, Abu Bakr al Bagdadi. Investigators learned that the defendant traveled to Turkey on two occasions, in October, 2012 and July 2014 with the intention to meet with members of the group. Evidence revealed that prior to this trip, the defendant purchased a large number of military combat items, including a tactical vest, army combat shirt, body armor, Shahada Flag, combat boots, backpack, burn kit, a hunting knife, machete and night vision goggles.

During follow up interviews in December, 2014 and March 2015, the community member who alerted the FBI regarding Nagi’s actions stated that the defendant still possessed radical political and religious views. According to the individual, Nagi was angry about the killing of rebels in Yemen which he blamed on the United States; pledged an oath to ISIL leaders; expressed agreement with ISIL tactics, including the killing of innocent men, women and children; and planned to travel to Yemen and Turkey again soon.  

The complaint is the culmination of an investigation by the Federal Bureau of Investigation Joint Terrorism task Force which includes the Amherst Police Department, the Buffalo Police Department, the U.S. Department of State, the Federal Protective Service, Immigration and Customs Enforcement, Homeland Security Investigations, the Internal Revenue Service, the New York State Police, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, U.S. Border Patrol, U.S. Customs and Border Protection, and U.S. Customs and Border Protection/Air and Marine Branch. Additional assistance was provided by the New York State Attorney General’s Office.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kirk Canfield, 54, of Wilson, NY, pleaded guilty to violation of the Bald and Gold Eagle Protection Act before U.S. Magistrate Judge Hugh B. Scott.  The charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant operated a produce farm in Wilson, NY. In August 2014, Canfield placed a meat pile that had been mixed with Golden Malrin fly bait at the edge of a cornfield on his farm in an attempt to kill coyotes. The fly bait contained Methomyl, which is an insecticide that is not to be used in a manner in which animals can eat it. 
 
Three juvenile bald eagles died after eating the contaminated meat pile, and on August 22, 2014, the three dead bald eagles were found and photographed in the immediate vicinity of the contaminated meat pile by an individual riding an ATV.  Subsequently, Canfield removed the three dead bald eagles from the field and removed the contaminated meat pile. By placing the contaminated meat pile on his field, the defendant acted with wanton disregard for the consequences of his act.
 
The plea is the result of an investigation by Special Agents of the U.S. Fish & Wildlife Service, under the direction of Special Agent in Charge Honora Gordon and Environmental Conservation Officers with the New York State Department of Environmental Conservation.

Sentencing is scheduled for October 2, 2015 at 10:00 a.m. before Magistrate Judge Scott.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury returned a six-count indictment charging David Barraclough, 31, of the City of Tonawanda, with five counts of producing and attempting to produce child pornography, and one count of possessing child pornography. The charges carry a mandatory minimum sentence of 25 years in prison and a maximum of 50 years. 

Assistant U.S. Attorney Paul J. Campana, who is handling the case, stated that according to the indictment and a previously filed complaint, in November 2014, the defendant was arrested and detained on a local charge of endangering the welfare of a child. In February 2015, two individuals began cleaning out Barraclough’s apartment so that it could be rented to another tenant. One of the individuals discovered a thumb drive and electronic tablet and turned the items over to police. Subsequently, the Tonawanda Police Department obtained a search warrant for the digital media and the apartment.

A forensic analysis of the thumb drive and tablet revealed 238 images and five videos of child pornography. Also included on the tablet were numerous sexually explicit text conversations. One of the conversations was between Barraclough and a 14 year old girl in Virginia. 

The indictment is the culmination of an investigation by the Federal Bureau of Investigation, the Town of Tonawanda Police Department, under the direction of  Jerome C. Uschold III, and the of City Tonawanda Police Department, under the direction of Chief William Strassburg.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Craig Dattmore, 61, of Syracuse, NY, who was convicted of possession of child pornography, was sentenced to 60 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 in October 2011, the defendant was pulled over for a secondary inspection at the Lewiston Queenston Port of Entry. Dattmore indicated he was refused entry into Canada because of items on his laptop computer. A search of the vehicle the defendant was riding in recovered 17 electronic media storage devices such as hard drives, thumb drives and memory cards. A forensic analysis determined that these devices included a total of 3,942 images of child pornography and 88 videos. 

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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Iris Diaz, 27, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiring with others to possess with intent to distribute and to distribute 100 grams or more of heroin. The charge carries a maximum sentence of 40 years In prison, a fine of $5,000,000, or both.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated in January of 2012, members of the Drug Enforcement Administration commenced an investigation into the narcotics trafficking activities of Diaz, Alberto Alfaro, Edwin Rosado, and others.  On January 27, 2012, as part of this investigation, law enforcement purchased a gram of heroin from Alfaro during a pre-arranged deal involving a confidential informant.  On February 13, 2012 and, again on April 26, 2012, members of law enforcement purchased additional heroin from the organization utilizing undercover police officers. On May 8, 2012, and on May 14, 2012, members of the Drug Enforcement Administration negotiated an additional purchase of heroin from Alfaro. During the negotiation, Alfaro and Diaz agreed that Diaz would be the contact person for the organization during subsequent negotiations for purchases of heroin.  A subsequent contact between law enforcement and Diaz occurred on May 14, 2012, at which time Diaz agreed that Alfaro would sell additional heroin to the undercover law enforcement officers on May 15, 2012.

On May 15, 2012, members of the Drug Enforcement Administration met Alfaro in the parking lot of the Walmart retail store located at 1490 Hudson Avenue in the City of Rochester.  While there, an undercover law enforcement officer met with Alfaro and told him that he had the agreed upon amount of money.  Alfaro then placed a telephone call to another member of the organization.  Shortly after, co-defendant Andrea Y. Marrero-Garcia approached Alfaro and the undercover law enforcement officer and provided a blue plastic bag containing two small cardboard boxes, in which officers found heroin. Alfaro and Marrero-Garcia were immediately taken into custody at the scene.

At nearly the same time, members of law enforcement executed court authorized search warrants at multiple locations in the City of Rochester which the investigation revealed were related to the organization. At one of the locations, 852 North Street, law enforcement located drug paraphernalia, including digital scales and packaging materials associated with heroin distribution.  At that location, members of law enforcement located and arrested Diaz.   

Defendants Rosado and Marrerro-Garcia have been convicted and are awaiting sentencing. Charges are pending against Alfaro. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. 

The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for October 29, 2015 at 2:00 p.m. before 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 Michael O’Neill, 45, of Wheatfield, NY, was charged by criminal complaint with possession of an unregistered destructive device. The charge carries a maximum penalty of 10 years in prison and a $10,000 fine.   

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on July 21, 2015, the Niagara County Sheriff’s Department responded to a call regarding an injury at 6761 Walmore Road in Wheatfield. When emergency crews arrived, they discovered the defendant had a significant injury to his lower leg. Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage where an explosion had occurred.

Officers noticed what appeared to be an area where explosives were being manufactured and explosive powder and BB’s in plain view. The bomb squad discovered what appeared to be seven improvised explosive devices, one was labeled “Powder w/Nails.” Other items discovered included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a box of triple seven pellets and a plastic bottle labeled as triple seven powder.

A subsequent x-ray exam of the device labeled “Powder w/Nails” determined that nails were packed into the device. It was disassembled and found to contain multiple nails, BB’s and suspected flash powder. A check determined that O’Neill does not have any firearms or destructive devices registered under the National Firearms Act.      

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 and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Michael O’Neill, 45, of Wheatfield, NY, was charged by criminal complaint with possession of an unregistered destructive device. The charge carries a maximum penalty of 10 years in prison and a $10,000 fine.   

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the complaint, on July 21, 2015, the Niagara County Sheriff’s Department responded to a call regarding an injury at 6761 Walmore Road in Wheatfield. When emergency crews arrived, they discovered the defendant had a significant injury to his lower leg. Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage where an explosion had occurred.

Officers noticed what appeared to be an area where explosives were being manufactured and explosive powder and BB’s in plain view. The bomb squad discovered what appeared to be seven improvised explosive devices, one was labeled “Powder w/Nails.” Other items discovered included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a box of triple seven pellets and a plastic bottle labeled as triple seven powder.

A subsequent x-ray exam of the device labeled “Powder w/Nails” determined that nails were packed into the device. It was disassembled and found to contain multiple nails, BB’s and suspected flash powder. A check determined that O’Neill does not have any firearms or destructive devices registered under the National Firearms Act.      

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 and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Rivera, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of a firearm and ammunition while being a convicted felon. The charge carries a maximum sentence of 10 years In prison, a fine of $250,000.00, or both.

Assistant U.S. Attorney Charles E. Moynihan who is handling the case, stated on May 24, 2014, the Rochester Police Department received a 911 call regarding a man pointing a shotgun at someone through the window of a car he was driving in the area of Upper Falls Boulevard and North Clinton Avenue.

Officers responded and saw a car that matched the vehicle description they had been given speeding in the area of Oakman Street. The vehicle was pulled over in the parking lot of a restaurant located on Upper Falls Boulevard at North Clinton Avenue. Rivera jumped out of the car, put his hands in the air and was detained. Officers saw a Winchester 1300 Ranger slide action 12 gauge shotgun in the defendant’s car in between the driver’s seat and the driver’s side door, as well as four shotgun rounds in the cup holder in the center console.

In August of 2007, Rivera was convicted in Livingston County of Burglary in the Second Degree.   

The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division and members of the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for September 29, 2015 at 4:00 p.m. before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today a federal grand jury has returned a two count indictment charging Khamraj Lall, of New Jersey, with possession with intent to distribute, and to distribute, five kilograms or more of cocaine and importation of five kilograms or more of cocaine into the United States. The charges carry a minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.   
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the indictment, between December 2013 and February 10, 2015, the defendant conspired to possess and import from Guyana into the United States, five kilograms or more of cocaine. Lall is a pilot and is accused of transporting the cocaine on his flights from Guyana to the United States.

Lall was arrested on July 22, 2015 in New Jersey. He made an initial appearance in federal court in the District of New Jersey and is being detained. The defendant will be returned to the Western District of New York at a later date.

Lall’s arrest is connected to the arrest of nine other defendants in February 2015. Edward Mighty, Seymour Brown, Andre Taylor, Ricardo Bailey, Robert Wilson, Kenneth Harper, Desmond Bice, and Christopher, all of Rochester, NY, were charged by criminal complaint with conspiracy to possess with intent to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base, use of a telephone to facilitate drug trafficking distribute marijuana. Defendants Mighty, Brown, Taylor, Wilson, Harper, Bice, and Samuels were also charged with possession of a firearm in furtherance of a drug trafficking crime and conspiracy to possess firearms in furtherance of drug trafficking. In addition, Winifredo Gonzales, of Brooklyn, NY, was charged 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.

According to the complaint, Edward Mighty is one of the leaders of a Rochester-based drug trafficking organization and would obtain kilogram quantities of cocaine from Winifredo Gonzales. The cocaine was transported to Rochester and processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple sellers in the Rochester area.
 
On February 10, 2015, officers executed a search warrant and arrested Winifredo Gonzales at a residence in Brooklyn. Officers recovered 17 kilograms of cocaine and two handguns, including an UZI 9mm pistol. Officers also seized approximately $70,000 in U.S. currency.
 
Lall’s indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley. 

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.